HomeMy WebLinkAbout2024.05.28 CCPCouncil Worksession
City Hall Council Chambers
May 28, 2024 AGE NDA
The City C ounc il requests that attendees turn off cell phones and pagers during the meeting. A copy
of the packet is available on the city's website.
1.Call to Order - 6:00 p.m.
2.Council M iscellaneous Discussion Items
3.City M anager M iscellaneous Discussion Items
4.Adjourn
C IT Y C O UNC IL
M E E T I NG
City Hall Council Chambers
May 28, 2024
AGE NDA
1.Call to Order - 7:00 p.m.
Attendees please turn o ff cell phones and pages during the meeting. A copy of the full me e ting packet
is available in the binder at the entrance to the Council Chambers.
2.Roll Call
3.P ledge of Allegiance
4.Informal Open Forum
This is an opportunity for the public to address the City Council on items that are not on the agenda. It
is limited to 15 minutes. It may no t be used to make personal attacks, air personality grievances, make
political endorsements, or for political campaign purposes. Council Members will not enter into a
dialogue with the presenter. Questions fro m the Council will be for clarificatio n purposes only. It will
not be used as a time fo r proble m-solving or reacting to the comments made but for hearing the
presenter for informational purposes only.
The first call will be for those that have notified the Clerk that they would like to speak during the
open forum and then ask if any one connec ted to this meeting would like to speak. W hen called
upon, please indicate your name and then proceed. Please be sure to state your name before
speaking.
5.Invocation - Kragness
6.Approval of Agenda and Consent Agenda
These items are considered to be routine by the C ity Council and will be enacted by one
motion. There isn't a separate discussion for these items unless a Counc ilmember so requests,
then it is moved to the end of the Council Consideration I tems.
a.Approval of Minutes
- Motion to approve meeting minutes
05/13/24 Worksession
05/13/24 Regular Session
05/13/24 EDA/Work Session
b.Approval of L icenses
- Motion to approve the licenses as presented.
c.Resolution A cknowledging Awarded F unds from the Minnesota Department of
Health S ource Water Protection and A uthorizing A cceptance of Grant F unds
- Motion to approve a resoluti on acknowledging the awarded funds from the
Minnesota Department of Heal th Source Water Protection and Authorizing
Acceptance of Grant Funds.
d.An Ordinance A mending S ection 35-4103 (Allowed Use Table) of the City
Code of Ordinances Regarding Public and Private Elementary and
Secondary S chools Offering a Regular Course of Study in the Transit
Oriented Development (TO D) Z oning District - First Reading
- Motion to approve a first reading regarding the adoption of an ordinance
amending Section 35-4103 (Allowed Use Tabl e) of the City Code of
Ordinances, and as outlined under Pl anni ng Commission Application No.
2024-008, to allow for Public and Private El ementary and Secondary
Schools Offering a Regular Course of Study in the Transit Oriented
Development (TOD) zoning district, and set the second reading for June 10,
2024.
7.P resentations/Proclamations/Recognitions/Donations
a.Proclamation A cknowledging and P roclaiming the Month of J une 2024 as
"P ride Month"
- Motion to approve a proclamation acknowledging the month of June 2024
as "L GBTQ+ Pride Month"
8.P ublic Hearings
9.P lanning Commission Items
a.Resolution Regarding Planning Commission A pplication No. 2024-003,
Submitted by L in Shuang L L C, for I ssuance of a Conditional Use P ermit for a
Tire I nstallation and Auto Detailing Shop (5927 J ohn Martin Drive)
- Motion to adopt a resolution approving Planning Commissi on Application
No. 2024-003 for issuance of a Conditional Use Permit at 5927 John
Martin Drive for a tire installation and auto detailing shop, based upon the
findings of fact and submitted application, and as amended by the
conditions of approval in the resolution.
b.Resolution Regarding Planning Commission A pplication No. 2024-005,
Submitted by B rookdale Covenant Church and B right F uture Child Care
Center, for I ssuance of a Conditional Use P ermit for an E xisting P lace of
Religious Assembly and New Child Care Center (5139 B rooklyn Boulevard)
- Motion to adopt a resolution approving Planning Commissi on Application
No. 2024-005 for issuance of a Conditional Use Permit for a Place of
Religious Assembly and Child Care Center (Licensed Daycare Faci li ty -
13 and Greater Persons in association with a Place of Religious
Assembly) for 5139 Brooklyn Boulevard, based upon the findings of fact
and submitted application, and as amended by the conditions of approval
in the resolution.
c.Resolution Regarding Planning Commission A pplication No. 2024-004,
Submitted by K eshia Deon (Treasure Hunt Early L earning Center), for
I ssuance of a Conditional Use Permit to A llow for an E arly L earning Child
Care Center (6098 S hingle Creek P arkway)
- Motion to adopt a resolution approving Planning Commissi on Application
No. 2024-004 for i ssuance of a Conditional Use Permit at 6098 Shingle
Creek Parkway that would all ow for an early learning child care center,
based upon the findi ngs of fact and submi tted application, and as amended
by the conditions of approval in the resolution.
10.Council Consideration Items
11.Council Report
12.Adjournment
C ouncil R egular M eeng
DAT E:5/28/2024
TO :C ity C ouncil
F R O M:D r. Reggie Edwards, City Manager
T H R O U G H :D r. Reggie Edwards, City Manager
BY:Barb S uciu, A ssistant City Manager/C ity C lerk
S U B J E C T:A pproval of Minutes
Requested Council A con:
- Moon to approve meeng minutes
05/13/24 Worksession
05/13/24 Regular S ession
05/13/24 E DA /Work S ession
B ackground:
I n accordance with M innesota S tate S tatute 15.17, the official records of all mee5ngs must be documented
and approved by the governing body.
B udget I ssues:
- None
I nclusive C ommunity Engagement:
- None
A nracist/Equity Policy Effect:
- None
S trategic Priories and Values:
P rovide quality s ervices w ith fair and equitable treatment
AT TA C H M E N TS :
D escrip5on U pload D ate Type
5.13 Workses s ion Mee5ng 5/22/2024 Backup M aterial
5.13 Regular Mee5ng 5/22/2024 Backup M aterial
5.13 E DA /Works ession M ee5ng 5/22/2024 Backup M aterial
5/13/24 -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
MAY 13, 2024
CITY HALL – COUNCIL CHAMBERS
CALL TO ORDER
The Brooklyn Center City Council/Economic Development Authority Worksession was not called
to order as both agenda items were discussed at the May 13, 2024 City Council Work Session.
DISCUSS AMENDMENTS TO CHAPTER 12 AND CHAPTER 19 (FENCES,
COMMERCIAL VEHICLES, FIREWOOD, MAILBOXES, AND COMMERCIAL
ADDRESSING)
This item was discussed at the May 13, 2024 City Council Work Session and it was the majority
consensus of the City Council to decline the Staff recommendation regarding firewood regulations.
PROJECT UPDATE AND CONSIDERATION FOR POTENTIAL REZONING OF 1297
SHINGLE CREEK CROSSING (FORMER SEARS)
This item was discussed at the May 13, 2024 City Council Work Session and whether TOD would
be an appropriate zoning for the area as it allows more flexibility and options.
5/13/24 -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
MAY 13, 2024
CITY HALL – COUNCIL CHAMBERS
1. INFORMAL OPEN FORUM WITH CITY COUNCIL
The Brooklyn Center City Council met in Informal Open Forum called to order by Mayor April
Graves at 7:03 p.m.
2. ROLL CALL
Mayor April Graves and Councilmembers Marquita Butler and Dan Jerzak. Councilmembers Kris
Lawrence-Anderson and Teneshia Kragness were absent and excused. Also present were City
Manager Reggie Edwards, Director of Fiscal & Support Services Angela Holm, Assistant City
Manager/City Clerk Barb Suciu, and City Attorney Jason Hill.
3. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was recited.
4. INFORMAL OPEN FORUM
Mayor Graves reviewed the meeting decorum and opened the meeting for the purpose of Informal
Open Forum.
Michelle F. explained there is a Little Free Library at the Duante Wright Memorial which is deeply
valuable to the community. It is an international phenomenon to share books. Read in Color is a
program that started in Minnesota and has spread throughout the country. The program promotes
diversity through books. The Little Free Library will be providing new books for the Duante
Wright Memorial through the Read in Color program. She encouraged the community to expose
themselves to experiences different than their own.
Katie W. introduced herself as the Chair of the Duante and Kobe No More Names Initiative and
City resident. She pointed out that Councilmembers are elected officials. If they are known for
misconduct toward Staff and Commissions, they shouldn’t be serving on the Council. She stated
the Councilmember needs to be removed.
Mayor Graves asked for Katie W. to move on to a new topic. Katie W. stated she has First
Amendment rights and she isn’t using the Councilmember’s name. She noted she emailed City
staff twice without a response. She requested a response from them. Mayor Graves stated her
time limit was up.
5/13/24 -2- DRAFT
Emily T. stated she would like the City to accept the nuance of the “historical figure” Earle Brown.
Many community members are not looking at the person as a whole person. Earle Brown was a
mediocre, white supremacist landowner whose wealth and power were stolen and used to kill
black, brown, and indigenous people. The City’s ask ed to hold two truths about Earle Brown
upholds the lie that racism is something of the past. She said he used his race and wealth to
maintain power. Police still terrorize people of color while allowing white supremacists. In the
last meeting, a commenter defended the KKK.
Mayor Graves stated it was the end of the allotted time. Emily T. stated it is the community’s
responsibility to promote truth rather than racism.
Mary O. stated Councilmember Jerzak is doing a great job serving the City. Staff people need to
help the elected officials as that is what they are paid to do.
Lori B. explained when she studied German, she was able to spend time abroad in Germany. They
are proud people, but they are not proud of their country’s contribution to the Holocaust. Germany
has since implemented several initiatives to eliminate hate speech, offer reparations, and promote
the rebuilding of impacted communities.
Lori B. explained the Holocaust is similar to the actions of the KKK that are still in effect today.
Hate speech, racial profiling, and killings remain prominent. The community needs to follow in
the footsteps of Germany. Mayor Graves stated the time limit has been reached. Lori B. stated
the Council needs to condemn white supremacy.
Julie B. thanked the Council and Staff for accommodating her needs in the space. She noted there
is a sticker in City Hall that promotes unity and community. It was part of an art project, and the
Artist-in-Residence has added a lot to the community. Her projects engage the youth well,
especially Julie B.’s daughter.
Diane S. thanked the Fire Department for their work in the community such as responding to
vehicle fires. She thanked the City for addressing the blight she mentioned at the previous meeting.
Diane S. noted there are eight newborns on her street and over 20 children. The park nearby had
its sand digger removed. She asked what could be done to replace the sand digger.
Amity D. explained when the Wright family settled out of court after the killing of Duante Wright,
the City stated they would work towards completing all of the promises in the Daunte Wright and
Kobe Dimock-Heisler Community Safety and Violence Prevention Resolution. That has not
happened and now the Implementation Committee is being sunsetted.
Amity D. added if a Councilmember is known to have committed egregious acts against the
community and Staff, their voting power should be revoked. The community knows why the
traffic stop policy wasn’t passed.
5/13/24 -3- DRAFT
Councilmember Jerzak moved and Councilmember Butler seconded to close the Informal Open
Forum at 7:25 p.m.
Motion passed unanimously.
5. INVOCATION
Mayor Graves pointed out it is Mental Health Awareness Month. Mental health is extremely
important, and she has experienced mental health concerns such as depression and anxiety. Her
ability to heal has included a regular practice of mental wellness. She explained exercising, healthy
foods, sleeping, taking responsibility, mindfulness, meditation, prayer, boundary-setting, positive
community, and gratitude are ways that can promote mental wellness.
Mayor Graves shared a quote, “We cannot control the winds, but we can adjust our sails.” She
added, “Turn your face toward the sun, and the shadows will fall behind you.”
6. APPROVAL OF AGENDA AND CONSENT AGENDA
Councilmember Jerzak moved and Councilmember Butler seconded to approve the Agenda and
Consent Agenda, as amended, with amendments to the April 22, 2024 Work Session minutes as
emailed to the City Clerk, and the following consent items were approved:
6a. APPROVAL OF MINUTES
1. April 22, 2024 – Worksession
2. April 22, 2024 – Regular Session
3. April 22, 2024 – EDA/Work Session
6b. LICENSES
HOSPITALITY ACCOMMODATIONS
Quality Inn 1600 James Circle N
Travelodge by Wyndam 6415 James Circle N
GASOLINE SERVICE STATION
Christy's Auto Service 5300 Dupont Avenue N
GARBAGE HAULER
Walters Recycling & Refuse 2830 101st Avenue NE
Blaine, MN 55449
Midwest Grease 220 Ponderosa Road
Redwood Falls, MN 56283
MECHANICAL
ANC HVAC LLC 4249 Edinbrook Terrace
5/13/24 -4- DRAFT
Brooklyn Park 55443
Affordable Comfort Mechanical 1167 Viking Drive E.
Maplewood 55109
All Climate Mechanical 298 Coon Rapids Boulevard
NW
Coon Rapids 55435
Anderson’s Residential Heating & A/C 1628 County Road 10 #34
Spring Lake Park 55432
Associated Mechanical 1257 Marschall Road
Shakopee 55379
Boys Electric LLC & Boys Mechanical 9609 Girard Avenue S
Bloomington 55431
BWS Plumbing Heating and Air 6321 Bury Drive
Eden Prairie 55346
CB Mechanical LLC 15658 150th Avenue
Foreston 56330
Endless Quality And Comfort 1010 Newton Avenue N
Minneapolis 55411
GV Heating & Air Inc. 5182 West Broadway
Crystal 55429
Heating & Cooling Design Inc. 13234 Urbank Court NE
Blaine 55449
Marsh Heating & A/C 6248 Lakeland Avenue N
Brooklyn Park 55428
McQuillan Home Services LLC 1727 Highway 36 E
St. Paul 55109
Northern Heating & A/C Inc. 9431 Alpine Drive NW
Ramsey 55303
Northern Plumbing & Softening 7401 Central Avenue NE
Fridley 55432
5/13/24 -5- DRAFT
Perfection Heating & Air 1770 Gervais Avenue N
Maplewood 55109
Preventive Mechanical Service 1875 Buerkle Road
White Bear Lake 55110
South-town Refrigeration 6325 Welcome Avenue N,
Suite 200
Brooklyn Park 55429
Sun Mechanical Inc. 10834 178th Circle
Elk River 55330
RENTAL
INITIAL (TYPE IV – six-month license)
3713 54th Avenue N Abdullahi Maow
3906 61st Avenue N Zinfandel Properties LLC
6424 Perry Avenue N Raphael Bidahor
6801 Ewing Avenue N ANTOINETTE S/HAROLD
A BARRY
7121 Knox Avenue N Seigonghyr W Korti
INITIAL (TYPE III – one-year license)
3301 62nd Avenue N The TDW Organization LLC
5419 Morgan Avenue N NORTHDALE HOME
HEALTH LLC
6633 Xerxes Place N BEREKET S
GEBREMARIAM
7237 Oliver Avenue N Sukurat Oparemi
INITIAL (TYPE II – two-year license)
4207 Lakeside Avenue N, #331 KATHERINE E
VALENTINE
4510 Kathrene Drive Mekic Adis
6000 Girard Avenue N ROBERT FORD & JAYNE
FORD
5/13/24 -6- DRAFT
RENEWAL (TYPE IV – six-month license)
3012 51st Avenue N Sri Lakshmi Valiveti
2613 65th Avenue N Stephen Zekpa/Gregory Slah
3207 67th Avenue N Elijah G Nyambane
3701 Woodbine Lane Rose Blalock
6324 Scott Avenue N Sayndee Sando
7019 Morgan Avenue N CANDLEWOOD HOME
BUYERS
RENEWAL (TYPE III – one-year license)
6737 Humboldt Avenue N Humboldt Square Ventures
Llc
4708 Twin Lake Avenue N Michael N Mohs
5327 Colfax Avenue N Pensco Trust Co Custodian
5332 Morgan Avenue N Jmw Investments Llc
5410 Girard Avenue N Cel Monton LLC
6018 Admiral Place Lutheran Social Srvc Of Mn
6430 Major Avenue N CHRISTAL PACHEE HER
RENEWAL (TYPE II – two-year license)
6001 Earle Brown Drive Evercare Senior Living Llc
3307 63rd Avenue N Rosemond Coleman
6100 Girard Avenue N Peter Hoeben & Maria
Hoeben
6809 Fremont Place N 786 Homes-f09 Llc
RENEWAL (TYPE I – three-year license)
5601 Lyndale Avenue N Zoe M Hildreth
1217 54th Avenue N Jackson Hurst & Cierra Hurst
5/13/24 -7- DRAFT
5200 France Avenue N Christian D Knutson
6819 Noble Avenue N Dandrew Llc
7212 West River Road Jason L Ingbretson
1612 69th Avenue N Prosperous Property Llc
6437 Kyle Avenue N UNITED HMONG
INVESTMENT
7001 Perry Avenue N Fred Hanus Llc
SIGNHANGER
Resolution Graphics, Inc. 3770 Dunlap Street N
Arden Hills 55112
Veo Sign LLC 6353 Martin Avenue NE
Otsego 55301
6c. RESOLUTION 2024-57 APPROVING THE PARTICIPATION OF THE
HENNEPIN COUNTY HOUSING AND REDEVELOPMENT AUTHORITY
IN AN AFFORDABLE HOUSING PROJECT
Motion passed unanimously.
7. PRESENTATIONS/PROCLAMATIONS/RECOGNITIONS/DONATIONS
7a. RESOLUTION 2024-58 RECOGNIZING MAY 12 THROUGH MAY 18, 2024, AS
POLICE WEEK AND MAY 15, 2024, AS POLICE OFFICERS MEMORIAL DAY
Mayor Graves read in full a Resolution declaring May 12 through May 18, 2024, as Police Week
and May 15, 2024, as Police Officer’s Memorial Day.
Councilmember Jerzak moved and Councilmember Butler seconded to adopt RESOLUTION
2024-58 May 12 through May 18, 2024, as Police Week and May 15, 2024, as Police Officers
Memorial Day.
Motion passed unanimously.
7b. RESOLUTION 2024-59 DECLARING MAY 19-24, 2024, NATIONAL PUBLIC
WORKS WEEK IN THE CITY OF BROOKLYN CENTER
5/13/24 -8- DRAFT
Mayor Graves read in full a Proclamation declaring May 19 through May 24 of 2023 as National
Public Works Week.
Councilmember Butler moved and Councilmember Jerzak seconded to adopt RESOLUTION
2024-59 declaring May 19 through May 24, 2024, as National Public Works Week in Brooklyn
Center.
Motion passed unanimously.
7c. PROCLAMATION ACKNOWLEDGING AND PROCLAIMING THE MONTH OF
MAY 2024 AS "MENTAL HEALTH AWARENESS MONTH"
Mayor Graves read in full a proclamation declaring May 2024 as Mental Health Awareness Month.
Councilmember Jerzak moved and Councilmember Butler seconded to approve a
PROCLAMATION acknowledging and proclaiming the month of May 2024 as "Mental Health
Awareness Month".
Motion passed unanimously.
7d. RESOLUTION 2024-60 RECOGNIZING THE CONTRIBUTIONS AND SERVICE
COMPLETED BY THE DAUNTE WRIGHT AND KOBE DIMOCK-HEISLER
IMPLEMENTATION COMMITTEE
Mayor Graves noted she became Mayor in the middle of the Implementation Committee’s work.
She worked closely with the Committee to create recommendations. There are still some
frustrations among the Committee and others. However, the discomfort is a sign of folks getting
out of their comfort zones. She thanked the Director of Community Prevention, Health, and Safety
LaToya Turk for her work and commitment despite some difficulties.
Mayor Graves read in full a Proclamation recognizing the contributions of the Implementation
Committee.
Councilmember Butler moved and Councilmember Jerzak seconded to adopt RESOLUTION
2024-60 directing the adoption of the recognition, contributions, and service completion of the
Daunte Wright and Kobe Heisler-Dimock Implementation Committee.
Motion passed unanimously.
8. PUBLIC HEARINGS
None.
9. PLANNING COMMISSION ITEMS
5/13/24 -9- DRAFT
None.
10. COUNCIL CONSIDERATION ITEMS
10a. RESOLUTION 2024-61 AWARDING THE SALE OF $12,020,000 GENERAL
OBLIGATION IMPROVEMENT AND UTILITY REVENUE BONDS, SERIES
2024A FIXING THEIR FORM AND SPECIFICATIONS; DIRECTING THEIR
EXECUTION AND DELIVERY; AND PROVIDING FOR THEIR PAYMENT
Director of Fiscal & Support Services Angela Holm introduced the item and invited Mikayla Huot,
representative of Baker Tilly, to continue the presentation.
Ms. Huot showed a table showing the bids received for the bond issuance. Fidelity had the best
bid. She showed a table with the past bond sale results. The rates have mostly gone down over
time.
Ms. Huot stated that the deposit to the project construction fund is $11,792,000. There are several
different repayment sources for the $10,820,000 par amount such as the property tax levy,
assessments, Water Fund, Sanitary Sewer Fund, and Stormwater Fund.
Ms. Huot noted Brooklyn’s Center credit rating has been reaffirmed as AA, which is a high quality.
She showed a graph depicting the Standard and Poor’s Credit Rating factors.
Mayor Graves asked what the high percentage of economic and management bars on the graph
means. Ms. Huot explained the graph shows that the Rating is weighted toward economic and
management factors for all cities. As for Brooklyn Center, the City’s stable local economy has
steady growth likely in the near term. There is also strong liquidity and general fund reserves in
accordance with its 52 percent fund balance policy. The management is very strong and there is a
strong institutional framework score. Additionally, the manageable debt burden with manageable
additional debt plans, pensions, and other post-employment benefits. Brooklyn Center is
consistent with its debt practice.
Dr. Edwards stated the only cities that typically have a rating higher than AA are large metropolitan
cities. Ms. Huot agreed AA is a very quality rating. It is challenging for Brooklyn Center’s size
to get a higher rating.
Councilmember Jerzak moved and Councilmember Butler seconded to adopt RESOLUTION
2024-61 awarding the sale of $12,020,000 General Obligation and Utility Revenue Bonds, Series
2024A fixing their form and specifications; directing their execution and delivery; and providing
for their payment.
Motion passed unanimously.
11. COUNCIL REPORT
5/13/24 -10- DRAFT
Mayor Graves reported on her attendance at the following and provided information on the
following upcoming events:
Discussed Hwy 252 with some Advisory Group members.
Recorded Mayor’s Minute for CCX.
Working on a State of the City address.
Attended the Northwest Tourism happy hour.
Attended the neighborhood meeting at North Court along with other members of the
Council.
Met with Dr. Edwards.
Met with the Law Enforcement Action Partnership and Canopy Roots.
Attended the first budget meeting with the Finance Commission and the Council.
Worked with the Community Development Department to bring some projects to a session
with other Mayors.
Pointed out there is a neighborhood meeting at Firehouse Park coming up.
Added there will be a Safe Communities Summit attended by some Council and Staff.
12. ADJOURNMENT
Councilmember Jerzak moved and Councilmember Butler seconded adjournment of the City
Council meeting at 7:56 p.m.
Motion passed unanimously.
5/13/24 -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
MAY 13, 2024
CITY HALL – COUNCIL CHAMBERS
CALL TO ORDER
The Brooklyn Center City Council/Economic Development Authority Worksession was not called
to order as both agenda items were discussed at the May 13, 2024, City Council Work Session.
DISCUSS AMENDMENTS TO CHAPTER 12 AND CHAPTER 19 (FENCES,
COMMERCIAL VEHICLES, FIREWOOD, MAILBOXES, AND COMMERCIAL
ADDRESSING)
This item was discussed at the May 13, 2024, City Council Work Session and it was the majority
consensus of the City Council to decline the Staff recommendation regarding firewood regulations.
PROJECT UPDATE AND CONSIDERATION FOR POTENTIAL REZONING OF 1297
SHINGLE CREEK CROSSING (FORMER SEARS)
This item was discussed at the May 13, 2024, City Council Work Session and whether TOD would
be an appropriate zoning for the area as it allows more flexibility and options.
C ouncil R egular M eeng
DAT E:5/28/2024
TO :C ity C ouncil
F R O M:D r. Reggie Edwards, City Manager
T H R O U G H :Barb S uciu, A ssistant City Manager/C ity C lerk
BY:S hannon Pe-t, D eputy C ity C lerk
S U B J E C T:A pproval of Licens es
Requested Council A con:
- Moon to approve the licenses as presented.
B ackground:
The following bus inesses /persons have applied for C ity licens es as noted. Each bus iness/pers on has fulfilled
the requirements of the City O rdinance governing res pec6ve licenses , submi7ed appropriate applica6ons,
and paid proper fees. A pplicants for rental dwelling licens es are in compliance with C hapter 12 of the City
Code of O rdinances, unless comments are noted below the property address on the a7ached rental report.
H ospitality A ccommodaons
Country I nn & S uites
2550 F reeway Blvd
Gasoline S ervice S taon
Kabalan C o D B A : P ump N Munch
1505 69th Ave N
Temporary F ireworks
T N T F ireworks
3245 Co Rd No
Renais s ance F irew orks
6350 Brooklyn Blvd
Garbage H auler
D arling I ngredients
9000 382nd Avenue, Blue Earth, M N 56013
Curbs ide Waste
4025 85th Ave N, Brooklyn Park, M N 55443
M echanical
Electric S ign & Ligh6ng I nc.
11328 Z ane Ave N, C hamplin 55316
H ea6ng & Cooling Two I nc.
18550 County Rd 81, Maple G rove 55369
H omeworks S ervices L L C
915 Blue G en6an Rd, Eagan 55121
S hac, L L C
1240 Trapp Rd, Eagan 55121
Wats on Mechanical L L C
1781 S unrise Circle, Mayer 55360
S ign H anger ’s
Fas ts igns
300 Central Ave, O s s eo 55369
B udget I ssues:
- None
I nclusive C ommunity Engagement:
- None
A nracist/Equity Policy Effect:
- None
AT TA C H M E N TS :
D escrip6on U pload D ate Type
Rental C riteria 6/20/2023 Backup M aterial
Rentals 5/22/2024 Backup M aterial
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
Location Address License Subtype Renewal/Initial Owner
Property
Code
Violations
License
Type Police CFS*
Final
License
Type**
Previous
License
Type***
Consecutive
Type IV's
3207 Quarles Rd Single Initial GW Funding LLC
14 Type IV N/A Type IV N/A 0
5601 Dupont Ave N Single Initial
Damien Francis
Morgan 0 Type I N/A Type II N/A N/A
5621 Humboldt Ave N Single Initial Abad Martinez
11 Type IV N/A Type IV N/A 0
7019 Dallas Rd Single Initial Janet Ibe
8 Type III N/A Type III N/A N/A
700 66th Ave N
Multiple Family
24 Bldgs 92 Units Renewal
Georgetown-bc
Company Lllp
383 = 4.16 per
unit Type IV 10/29/23 Disorderly Conduct Type IV Type IV 2
5401 63rd Ave N
Multiple Family
1 Bldg 3 Units Renewal Ayodeji Gbayisomore
7 = 2.3 per unit Type III 0 Type III Type III N/A
6700 Humboldt Ave N
Multiple Family
4 Bldgs 54 Units Renewal
MIMG CLXXXIV
STERLING SQ SUB
97 = 1.80 per
unit Type III 2/25/24 Noise Type IV Type IV 2
6807 Humboldt Ave N
Multiple Family
3 Bldgs 36 Units Renewal Cmcb Llc
84 = 2.3 per
unit Type III 0 Type IV Type IV 2
5245-47 Drew Ave N Two Family Renewal JESSE FORSELL
2 Type I 0 Type I Type II N/A
4207 Lakeside Ave N, #220 Condo Renewal
Matthew F Blackler |
Rhea J O'Connor
0 Type I 0 Type I Type I N/A
3141 49th Ave N Single Renewal CCF3 LLC
5 Type II 0 Type IV Type IV 3
3812 58th Ave N Single Renewal
M Y Issa/f
Abdullahi/m Issa 7 Type III 0 Type III Type II N/A
5112 70th Ave N Single Renewal
Ih3 Property
Minnesota Lp
7 Type III 0 Type IV Type IV 5
5144 Ewing Ave N Single Renewal Gracelands Llc
0 Type I 0 Type I Type IV N/A
5200 63rd Ave N Single Renewal Smc Real Estate Llc
0 Type I 0 Type III Type III N/A
5553 Aldrich Dr N Single Renewal Njeri Enterprises Llc
1 Type I 0 Type I Type II N/A
5833 Pearson Dr Single Renewal Kou M Farngalo
4 Type II 0 Type III Type III N/A
Rental Licenses for Council Approval 5.28.24
5857 Colfax Ave N Single Renewal Cel Monton Llc
12 Type IV 0 Type IV Type II 0
5925 Zenith Ave N Single Renewal
SFR BORROWER 2022-
1 LLC 8 Type III 0 Type III Type II N/A
6019 Camden Ave N Single Renewal Inang Ekah
1 Type I 0 Type IV Type IV 4
6106 Quail Ave N Single Renewal Almamy Momo Toure
6 Type III 0 Type III Type III N/A
6230 Quail Ave N Single Renewal
Kurt Templin & Mary
Templin 3 Type II 0 Type II Type II N/A
6307 Scott Ave N Single Renewal Iasis Vii LLC
4 Type II 0 Type II Type IV N/A
6661 Xerxes Pl N Single Renewal Mn Housing I Llc
5 Type II 0 Type II Type II N/A
6807 Quail Ave N Single Renewal Paul Pham
21 Type IV 0 Type IV Type III 0
6809 Perry Ave N Single Renewal
Janvier Ngoy & Emelie
Ngoy 12 Type IV 0 Type IV Type II 0
6913 Toledo Ave N Single Renewal Fred Hanus
5 Type II 0 Type II Type I N/A
7141 Newton Ave N Single Renewal Ih2 Property Illinois Lp
15 Type IV 0 Type IV Type IV 3
7225 Morgan Ave N Single Renewal SRFF LLC
4 Type II 0 Type IV Type IV 2
7236 Noble Ave N Single Renewal
Caleb J Moses/nicole
A Moses
3 Type II 0 Type II Type II N/A
*CFS = Calls for service for renewal licenses only (Initial licences are not applicable to calls for service, and will be listed as N/A
**License type being issued
***Initial licenses will not show a Type I = 3 year, Type II = 2 year, Type III = 1 year, Type IV = 6 months
All properties are current on City utilities and property taxes
C ouncil R egular M eeng
DAT E:5/28/2024
TO :C ity C ouncil
F R O M:D r. Reggie Edwards, City Manager
T H R O U G H :M icheael Weber, P ublic U *li*es S upervis or
BY:Elizabeth H eyman, D irector of P ublic Works
S U B J E C T:Res olu*on A cknow ledging A warded F unds from the M innesota D epartment of H ealth
S ource Water P rotec*on and A uthorizing A cceptance of G rant F unds
Requested Council A con:
- Moon to approve a resoluon acknowledging the awarded funds from the M innesota D epartment of
H ealth S ource Water P rotecon and A uthoriz ing A cceptance of G rant Funds.
B ackground:
I n 2023, at the request of the D epartment of Natural Resources, City s taff w ent in search of an old
abandoned well that was s *ll listed as ‘ac*ve.’ S taff found the abandoned well in the middle of the s outh
bound lane of Xerxes Ave., between Nash Rd. and Mumford Rd. A >er a thorough review of old records, it
w as determined that the w ell is the property of the C ity and therefore the City ’s responsibility to maintain.
Per s tate health and safety regula*ons, all wells need to be sealed and abandoned if not in us e. S ealing this
w ell is es *mated to cos t the city between $10,000 - $25,000, how ever there is the poten*al to cost more if
any currently unknown issues are discovered during the excava*on process.
This $10,000 grant w ill help offs et the cos t of s ealing the w ell.
B udget I ssues:
S ealing the abandoned well is es *mated to cost $1 0 ,000-$25,0 0 0 and w ill be paid for from the Water U*lity
F und. The S ource Water P rotec*on G rant will cover $10,000 for the project.
I nclusive C ommunity Engagement:
N/A
A nracist/Equity Policy Effect:
N/A
S trategic Priories and Values:
Maintain and enhance public places
C ouncil R egular M eeng
DAT E:5/28/2024
TO :C ity C ouncil
F R O M:D r. Reggie Edwards, City Manager
T H R O U G H :J esse A nders on, C ommunity D evelopment D irector
BY:G inny M cI ntosh, P lanning M anager
S U B J E C T:A n O rdinance A mending S ec0on 35-4103 (A llowed Use Table) of the C ity C ode of
O rdinances Regarding P ublic and P rivate Elementary and S econdary S chools O ffering a
Regular C ourse of S tudy in the Transit O riented D evelopment (TO D ) Zoning D istrict - F irst
Reading
Requested Council A con:
- Moon to approve a first reading regarding the adopon of an or dinance amending S econ 35-4103
(A llow ed U se Table) of the C ity C ode of Ordinances, and as outlined under P lanning C ommission
A pplicaon N o. 2024-008, to allow for P ublic and P rivate Elementar y and S econdary S chools Offer ing a
Regular C ourse of S tudy in the Tr ansit Or iented D evelopment (TO D ) z oning district, and set the second
reading for J une 10, 2024.
B ackground:
I ndependent S chool D is trict #286 (“the A pplicant ”) and commonly known as Brooklyn C enter C ommunity
S chools , is r eques 0ng an ordinance amendment to C hapter 35 of the C ity C ode to allow for “public and
private elementary and s econdary s chools offering a regular course of s tudy ” as a condi0onal us e w ithin the
City ’s Tr ans it O riented D ev elopment (TO D ) z oning distr ict. This us e is curr ently permiBed as a condi0onal
us e within the C ity ’s R1 (L ow D ensity Residen0al), R 2 (M edium L ow D ens ity Res iden0al), and R 5 (H igh
D ens ity Res iden0al) zoning dis tricts.
D ue to the natur e of the request, a public hearing no0 ce w as publis hed in the Brooklyn Center S un Post on
A pril 25, 2024. M ail no0 fica0 ons w er e s ent to those property ow ners and residents located w ithin 3 5 0 feet
of the S ubject P roperty per direc0on of the City ABorney, although the propos ed amendment w ould affect
the en0 re TO D D istrict, which is compr is ed of 23 proper0es . O f thes e, fiv e (5) proper0es are ow ned by the
City of Br ookly n C enter ’s Economic D evelopment A uthority (E D A ). A public hearing no0ce w as also
uploaded to the City ’s w ebsite, and a link to the public hearing no0ce w as s ent out by email to s ubs cribers
of the C ity ’s w eekly events bulle0n.
The r eques t for an amendment s tems from City staff being contacted by the A pplicant in A pril 2024
regarding the D is trict's plans to relocate its r egular and s pecial educa0on pr eschool pr ogr amming from
Brooklyn Center E lementary S chool, located at 1500 5 9 th Av enue N orth and w ithin the City 's R1 (Low
D ens ity Res iden0al) D istrict, to 5 9 1 0 S hingle Creek Par kway, which is located w ithin the City 's TO D (Transit
O riented D evelopment) D is trict. This property w as re-zoned in J anuar y 2023 w ith the adop0 on of the C ity's
new U nified D evelopment O rdinance and had previously been z oned C 2 (Commerce) D istrict. The C2
D istrict has since been re0red.
The A pplicant had alr eady proceeded w ith interior remodeling to the s econd floor of the building located at
5910 S hingle C reek Park w ay, in an0 cipa0 on of reloca0 ng the Ear ly C ollege A cademy (E C A ) ups tairs to
accommodate the exis 0 ng C entaurs D aycare and pres chool pr ogr ams on the main level of the building,
along with a D is trict Welcome C enter, w hen the A pplicant was no0 fied that public elementary s chools w ere
not permiBed w ithin the TO D D is trict.
A lthough C ity s taff, in conversa0on w ith the C ity ABorney, explored op0 ons of inter pre0ng the preschool
us e as that of a "day care," a review of informa0on fr om the M innes ota D epartment of Educa0on noted
that v oluntary prekindergarten (V P K ) and s chool readines s plus (S R P ) programs are publicly funded
prekindergarten programs that may be incor porated into a s chool dis trict or char ter s chool's E-1 2 s y s tem as
a "new grade level" and are therefore cons ider ed an extens ion of the elementary programming overseen by
the D epartment of Educa0 on. Brooklyn C enter C ommunity S chools (I S D #2 8 6 ) and Robbinsdale A rea
S chools (I S D #2 8 1 ) both offer pre-kindergar ten programming and hav e TO D D is trict proper0 es that fall
w ithin their res pec0ve dis tricts.
A public hearing was held at the May 9, 2024 P lanning Commission mee0ng, and those Commissioners in
aBendance were suppor0v e of the r eques ted ordinance amendment. N o public comments were provided for
in advance o f or at the public hea ring. T he C o mmissio n inquired o n whether there were any buildings located
within the C ity's designated TO D D istrict that would be co nducive to re-using f o r a scho o l use. T he C ommission
later indicated that given the C ity's demographics and increasingly younger po pula0on, that there is almo st a
paramount impo rtance to provide educa0o nal o ppo rtuni0es to the C ity's young residents and ensuring young
families stay here.
An addi0o nal comment presented was that there was a general surprise that we as a C ity did not catch this during
conversa0ons o n the 2040 C omprehensive Plan or the U nified D evelopment O rdinance update, but that if we are
intending to have a large amount of o ur po pula0on conc entrated within the TO D District, as it is the C ity's most
dense district, that a provisio n for schools was almost necessary. General ques0ons were presented o n other uses
currently within the 5910 Shingle C reek Parkway building, which is the Applicant property.
Following close of the public hearing, the Planning C ommission elected to unanimously (4-0) recommend C ity
C ouncil approval of the requested ordinance amendment to Sec0on 35-4103 (Allowed U se Table) to allow for
public and private elementary and secondary schools o ffering a regula r co urse of study as a condi0onal use within
the C ity's Transit O riented Development (TO D) D istrict.
A copy o f the Planning C o mmissio n Report f o r Planning C o mmissio n Applica0on N o. 2024-008, dated May 9,
2024 and ordinance amendment language is included with this memorandum.
B udget I ssues:
None to cons ider at this 0me.
I nclusive C ommunity Engagement:
A nracist/Equity Policy Effect:
S trategic Priories and Values:
Be an effec0ve partner with other public en00es
AT TA C H M E N TS :
D escrip0on U pload D ate Type
S taff Reports and Exhibits - O rdinance A mendment to A llow for
S chools O ffering Regular C ourse of S tudy in TO D D is trict 5/21/2024 Backup M aterial
P ublic H earing and O rdinance A mendment L anguage - S chools
in TO D D is trict 5/21/2024 O rdinance
App. No. 2024-008
PC 05/09/2024
Page 1
Planning Commission Report
Meeting Date: May 9, 2024
Application No. 2024-008
Applicant: Independent School District #286 (Brooklyn Center Community Schools)
Request: Ordinance Amendment (Text)
Map 1. Transit-Oriented Development (TOD) District Properties.
REQUESTED ACTION
Independent School District #286 (“the Applicant”) and commonly known as Brooklyn Center
Community Schools, is requesting an ordinance amendment to Chapter 35 of the City Code to allow for
“public and private elementary and secondary schools offering a regular course of study” as a
conditional use within the City’s Transit Oriented Development (TOD) zoning district—refer to Exhibits A
and B. This use is currently permitted as a conditional use within the City’s R1 (Low Density Residential),
R2 (Medium Low Density Residential), and R5 (High Density Residential) zoning districts.
Due to the nature of the request, a public hearing notice was published in the Brooklyn Center Sun Post
on April 25, 2024 (Exhibit C). Mail notifications were sent to those property owners and residents
•Application Filed: 04/09/2024
•Review Period (60-day) Deadline: 06/08/2024
•Extension Declared: No
•Extended Review Period Deadline:
App. No. 2024-008
PC 05/09/2024
Page 2
located within 350 feet of the Subject Property per direction of the City Attorney, although the proposed
amendment would affect the entire TOD District, which is comprised of 23 properties. Of these, five (5)
properties are owned by the City of Brooklyn Center’s Economic Development Authority (EDA). A public
hearing notice was also uploaded to the City’s website, and a link to the public hearing notice was sent
out by email to subscribers of the City’s weekly events bulletin.
ORDINANCE AMENDMENT (TEXT)
Background
Per Section 35-71301 (Applicability), an amendment of the City’s Unified Development Ordinance may
be initiated by the City Council, Planning Commission, or a City property owner. In this particular case,
the Applicant contacted the City regarding proposed changes to their building located at 5910 Shingle
Creek Parkway, which was purchased by the Applicant in 2022. The Applicant had long been a tenant of
the building, and served as the home of its Centaur Beginnings Child Care and Early College Academy
(ECA), and desired a consolidation of their district offices and childcare services into one building.
Per Planning Commission Application No. 2022-002, the intent at that time was to house an Early
Learning Center (birth until school age) at this location, as well as a community service center, wellness,
center, and elder’s room. In facilitating purchase of the property, the City of Brooklyn Center’s Economic
Development Authority acquired approximately 5.45 acres of the approximately 8-acre property for
future developable land within the Opportunity Site when the property was re-platted to BCCS 5910
SHINGLE CREEK ADDITION. This resulted in an approximately 2.5-acre new home for Brooklyn Center
Community Schools.
City staff was contacted by the Applicant in April 2024 regarding the District’s plans to relocate its
regular and special education preschool programming from Brooklyn Center Elementary School, located
at 1500 59th Avenue North and within the City’s R1 (Low Density Residential) District, to 5910 Shingle
Creek Parkway, which is located within the City’s TOD (Transit Oriented Development) District. This
property was re-zoned in January 2023 with the adoption of the City’s new Unified Development
Ordinance and had previously been zoned C2 (Commerce) District, which has since been retired as a
district.
The Applicant had already proceeded with interior remodeling to the second floor of the building
located at 5910 Shingle Creek Parkway, in anticipation of relocating the Early College Academy (ECA)
upstairs to accommodate the existing Centaurs Daycare and preschool programs on the main level of
the building, when the Applicant was notified that public elementary schools were not permitted within
the TOD District.
As proposed, the Applicant would be seeking a text amendment to Chapter 35 (Unified Development
Ordinance) that would allow for “public and private elementary and secondary schools offering a regular
course of study” as a conditional use within the City’s Transit Oriented Development (TOD) District. As
proposed, the following would be modified within Section 35-4103 (Allowed Use Table):
ORDINANCE NO. ________
AN ORDINANCE AMENDING SECTION 35-4103 ALLOWED USE TABLE OF THE CITY CODE
OF ORDINANCES REGARDING PUBLIC AND PRIVATE ELEMENTARY AND SECONDARY
SCHOOLS OFFERING A REGULAR COURSE OF STUDY IN THE TRANSIT ORIENTED
DEVELOPMENT ZONING DISTRICT
App. No. 2024-008
PC 05/09/2024
Page 3
THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS:
Article I. Brooklyn Center City Code, Chapter 35, Section 35-4103 Allowed Use Table is amended by
adding the following double-underlined language:
(Strikeout indicates matter to be deleted, double-underline indicates new matter.)
In reviewing requests for ordinance amendments, certain amendment criteria shall be considered as
outlined under Section 35-71304 (Amendment Criteria). The Planning Commission and City Council shall
review the necessary submittal requirements, facts, circumstances of the proposed amendment, and
make a recommendation and decision on the amendment based on, but not limited to, consideration of
the following criteria and policies:
a. Whether there is a clear and public need or benefit;
b. Whether the proposed amendment is consistent with and compatible with surrounding land use
classifications;
c. Whether all permitted uses in the proposed zoning district can be contemplated for
development of the subject property;
d. Whether there have been substantial physical or zoning classification changes in the area since
the subject property was zoned;
P = PERMITTED USE, C = CONDITIONAL USE, I = INTERIM USE, A = ACCESSORY USE
Residential Commercial/ Mixed Use Nonresidential
Use-Specific
Standards
R1
R2
R3
R4
R5
M X-
N1
M X-
N2
MX-
C
TOD
C
MX-
B
I
O
EDUCATIONAL FACILITIES
Nonresidential educational
uses including Area
Learning Centers (ALC),
post-secondary schools,
business schools, trade
schools and the like, but
excluding public and private
elementary and secondary
schools
C C P P P
Public and private
elementary and secondary
schools offering a regular
course of study
C
C C C
Accessory educational
structures serving public
and private elementary and
secondary schools offering
a regular course of study
I I I 35-4408
App. No. 2024-008
PC 05/09/2024
Page 4
e. Whether there is an evident, broad public purpose in the case of City-initiated rezoning
proposals;
f. Whether the subject property will bear fully the UDO development restrictions for the proposed
zoning districts;
g. Whether the subject property is generally unsuited for uses permitted in the present zoning
district, with respect to size, configuration, topography, or location;
h. Whether the rezoning will 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. Whether the proposal demonstrates merit beyond the interests of an owner or owners of an
individual parcel.
j. The specific policies and recommendations of the Comprehensive Plan and other City plans;
k. The purpose and intent of this UDO, or in the case of a map amendment, whether it meets the
purpose and intent of the individual district; and
l. If applicable, the adequacy to buffer or transition between potentially incompatible districts.
2040 Comprehensive Plan
All impacted properties located within the City’s TOD zoning district are future guided under the 2040
Comprehensive Plan as “TOD (31.01-130 DU/Ac.),” which is a new future land use designation. The TOD
designation was a direct response to the opening of the Metro Transit C and D lines and the land use
designation specifically guided redevelopment within ¼ mile of the planned station stops and a vision
that these areas create a vibrant, accessible and diverse land use pattern.
Table 1. Total New Households within the Transit Oriented Development future land use designation.
App. No. 2024-008
PC 05/09/2024
Page 5
The majority of the City’s forecasted growth, as outlined in the City’s 2040 Comprehensive Plan, was
anticipated to occur within the City’s major redevelopment areas guided primarily as Transit Oriented
Development (TOD) and Commercial Mixed-Use (C-MU), and a minimum of 75% of the land within this
designation was planned for development into high-density residential uses, with remaining land
developed for supporting retail, office, and commercial uses. The TOD future land use designation is
ultimately intended to create a walkable, bikeable, vibrant core within the City of Brooklyn Center, and
encompasses properties located within the City’s Opportunity Site, and along Bass Lake Road (County
Road 10) and Xerxes Avenue North.
The City’s Comprehensive Plan further notes that, increasingly, access of neighborhoods, housing,
services, and experience-based retail by efficient and frequent transit services is becoming a highly
desirable and sought-after amenity within development and redevelopment areas.
The Institute for Transportation & Development Policy notes that, “Transit Oriented Developments are
inherently intended to integrate urban places designed to bring people, activities, buildings, and public
space together, with easy walking and cycling connections between them and near-excellent transit
service to the rest of the City.”
Unlike the broader region, in which the population continues to age rapidly, Brooklyn Center’s
population grew younger between 2000 and 2010, due to an increase in the number of persons aged 25
to 34, many of which are starting families and having children. Increases in the number of young families
ultimately place demands on schools, housing affordability, and the types of retail goods and services
needed. In the case of the TOD future land use designation, where 75% of the lands are likely to provide
higher density housing, it is assumed that the demand for school and daycare services will only increase.
In the case of those lands future guided as “Transit Oriented Development” under the City’s 2040
Comprehensive Plan, those affected school districts include Brooklyn Center Community Schools (ISD
#286) and Robbinsdale Area Public Schools (ISD #281).
Although the 2040 Comprehensive Plan noted a median age of residents as 32.8 (2016), the 2020 census
identified a median age of 32.4 in Brooklyn Center. The median age in Minnesota is 39. The American
Community Survey estimates (2022) identify approximately 9% of Brooklyn Center’s population as being
under 5 years of age, and approximately 29.3% of the City’s population as being under 18 years of age.
In the state of Minnesota, and per ACS estimates (2022), approximately 5.7% of the state’s population is
under 5 years of age, and approximately 22.5% of the state’s population is under 18 years of age.
Unified Development Ordinance | Transit Oriented Development Zoning District
When the City was initially approached by the Applicant, City staff engaged with the City Attorney to
determine whether or not “preschools” could be interpreted as “licensed daycare facilities (13 or
greater persons),” as Centaur Beginnings Child Care was issued a special use permit from the City in
2014 and has continuously operated at 5910 Shingle Creek Parkway since 2015.
However, in reviewing information from the Minnesota Department of Education, it was eventually
determined that the voluntary prekindergarten (VPK) and school readiness plus (SRP) programs are
publicly funded prekindergarten programs that may be incorporated into a school district or charter
school’s E-12 system as a “new grade level” and are therefore are considered an extension of the
elementary programming overseen by the Department of Education. Brooklyn Center Community
Schools (ISD #286) and Robbinsdale Area Public Schools (ISD #281) both offer pre-kindergarten
programming.
App. No. 2024-008
PC 05/09/2024
Page 6
The City’s Transit Oriented Development zoning district was created as a district response to the City’s
adoption of the 2040 Comprehensive Plan in 2019. The purpose of the TOD (Transit Oriented
Development) district is to support opportunities for dense, transit-supportive and transit-oriented
development. The TOD district 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 future growth of transit-oriented development and transit ridership.
The district intends to promote sustainable urban places that includes places to live, work, shop, and
recreate, reduce reliance on automobiles, and encourage the use of public transit. The further district
intends to foster job creation and economic growth in near-proximity to transit, and provide citizens
with new housing and lifestyle choices with a high level of amenities and spaces for social interaction.
Uses currently allowed within the City’s Transit-Oriented Development District, either as permitted or
conditional uses, that City staff has determined as similar to “public and private elementary and
secondary schools offering a regular course of study,” and targeting similar demographics, include:
community centers, libraries and art galleries, nonresidential educational uses including Area Learning
Centers (ALC), post-secondary schools, business schools, trade schools and the like, and licensed day
care facilities (13 or more persons).
In reviewing the 23 properties currently zoned “Transit Oriented Development,” 9 of these properties
are located within the City’s designated Opportunity Site, five (5) of which are owned by the City’s
Economic Development Authority.
For those properties located outside the Opportunity Site, all of these properties are currently
developed at this time, and in many cases, City staff does not foresee any opportunity to utilize these
properties for educational purposes, which limits the ability for school districts to address the needs of
an increasingly young population in a district intended for the greatest housing density within the City,
and encompassing the majority of lands intended for what is envisioned as the City’s downtown,
walkable core.
Examples include: Brooklyn Center Transit Center (2900 County Road 10), Gateway Commons
Apartments (2850 Northway Drive), Sonder House and Sonder Point (5801 and 5803 Xerxes), and Cub
Foods shopping center (3245 County Road 10). Although there are two large office complexes zoned
Transit-Oriented Development (3300 County Road 10, 5701 Shingle Creek Parkway), there are inherent
complications and constraints in envisioning these locations for use as “private or public elementary and
secondary schools offering a regular course of study” given building and fire code restrictions on how
many stories up in a building an educational/institutional use can be located, fire sprinkler
requirements, exiting/egress, etc. This ultimately limits the locations in which schools are able to serve
students within the City’s TOD District, unless a full redevelopment were contemplated.
RECOMMENDATION
Based on the above noted findings, and in response to Section 35-71304 (Amendment Criteria) of the
City Code, City staff recommends the Planning Commission recommend City Council approval of
Planning Commission Application No. 2024-008, which would amend Section 35-4103 (Allowed Use
Table) of the City Code of Ordinances regarding public and private elementary and secondary schools
offering a regular course of study in the Transit Oriented Development zoning district.
Any subsequent approval by City Council for the above-requested amendment to Chapter 35 (Unified
App. No. 2024-008
PC 05/09/2024
Page 7
Development Ordinance) shall require that any applicant, including the Applicant for Planning
Commission Application No. 2024-008, submit a separate application for review and consideration of a
conditional use permit (CUP).
Attachments
Exhibit A- Planning Application No. 2024-008 narrative, prepared by Brooklyn Center Community
Schools.
Exhibit B- Map and spreadsheet noting Transit Oriented Development district properties.
Exhibit C- Public Hearing Notice, published in the Brooklyn Center Sun Post, and dated April 25, 2024.
In addition to owning and operating two school buildings, Brooklyn Center Community
Schools District 286 had rented space to operate Early College Academy programming,
Centaur Beginnings programming, and the District Office since 2015. As we came out of
the pandemic, our district explored ways to invest money back into our community.
In July 2022, our school board approved the purchase of 5910 Shingle Creek Parkway
which allowed our district the ability to fully own and operate three buildings and
continue investing in students’ education without raising homeowner’s taxes. Through
this purchase, our district is able to expand their programming facilities while also
creating intentional gathering spaces to allow for further relationship building and
resource distribution with our community.
By the start of the 2024-2025 school year, our district is preparing to run all our Early
Childhood Programming (20,922 sq ft) at 5910 Shingle Creek Parkway. Our design
plans allow for all our students and families who attend birth-five year old programming
to be located in one space. By building these spaces to be specifically geared towards
our young learns on the Opportunity Site, we can cater to their development and
support them in building lifelong connections as they prepare for Kindergarten.
Additional programs and operations that will be housed in the building include:
● The Early College Academy Alternative Programming (9611 sq ft)
● An Elder’s Community Room (413 sq ft)
● A Family Resource Room (497 sq ft)
● Adult Basic Education Classrooms (3008 sq ft)
● A Welcome & Enrollment Center (2164 sq ft)
● Common Spaces (5940 sq ft)
● Board Room (2586 sq ft)
● District Office (7141 sq ft)
Common spaces include multiple workstations, group tables, and conference rooms.
These spaces are intentionally created for any staff members to use collaboratively
when they visit the district office.
Brooklyn Center Community Schools District 286 is excited about the future of our Early
Childhood and Alternative Programming at 5910 Shingle Creek Parkway. We look
forward to opening our doors to the community in the fall!
Exhibit A
UP
T
O
N
AV
E
N
60TH AVE N
VI
N
C
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A
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N
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57TH AVE N
NOR
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LO
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A
N
A
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WA
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N
A
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N
56TH AVE N
BR
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N
D
R
62ND AVE N
56TH AVE N
61ST AVE N
B
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N
B
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59TH AVE N
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BASS LAKE RD (CO RO 10)
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NORTHWAY DR
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TOD District Properties
5910 Shingle Creek Parkway (Applicant Property)
Applicant | Property Owner: Independent School District #286 (Brooklyn Center Community Schools)
Request: Ordinance Amendment
Exhibit B
PROPERTY ID PROPERTY OWNER ADDRESS CITY | STATE | ZIP CODE TAXPAYER TAX_2 TAX_3 TAX_4
22 02-118-21 12 0011 ECON DEVEL AUTH BROOKLYN CTR 5915 JOHN MARTIN DR BROOKLYN CENTER MN 55430 ECON DEVEL AUTH OF BROOKLYN CENTER MN 6301 SHINGLE CREEK PARKWAY BROOKLYN CENTER MN 55430
22 02-118-21 21 0002 5930 SHINGLE CRK PKWY MN LLC 5930 SHINGLE CREEK PKWY BROOKLYN CENTER MN 55430 5930 SHINGLE CRK PKWY MN LLC C/O JANI-KING INTERNTL INC 16885 DALLAS PKWY ADDISON TX 75001
22 02-118-21 21 0005 GROUP HEALTH PLAN INC 5901 JOHN MARTIN DR BROOKLYN CENTER MN 55430 HEALTHPARTNERS REAL ESTATE PO BOX 16115 ST LOUIS PARK MN 55416
22 02-118-21 21 0014 ECON DEVEL BROOKLYN CENTER 5939 JOHN MARTIN DR BROOKLYN CENTER MN 55430 ECON DEVEL BROOKLYN CENTER ATTN: CURTIS BOGANEY 6301 SHINGLE CREEK PKWY BROOKLYN CENTER MN 55430
22 02-118-21 21 0015 LIN SHUANG LLC 5927 JOHN MARTIN DR BROOKLYN CENTER MN 55430 NEW KING BUFFET 5927 JOHN MARTIN DR BROOKLYN CENTER MN 55430
22 02-118-21 21 0019 INDEPENDENT SCHOOL DIST #286 22 ADDRESS PENDING BROOKLYN CENTER MN 00000 INDEPENDENT SCHOOL DIST #286 5910 SHINGLE CREEK PKWY DOOR 7 BROOKLYN CENTER MN 55430
22 02-118-21 21 0020 EDA BROOKLYN CENTER 22 ADDRESS PENDING BROOKLYN CENTER MN 00000 EDA BROOKLYN CENTER 6301 SHINGLE CREEK PKWY BROOKLYN CENTER MN 55430
22 02-118-21 23 0015 G B HOMES LLC 2802 NORTHWAY DR BROOKLYN CENTER MN 55430 MKT EQTS-GATEWAY COMMONS LLC 810 MILL AVENUE WATERTOWN MN 55388
22 02-118-21 23 0016 FTKD PROPERTIES INC 5701 SHINGLE CREEK PKWY BROOKLYN CENTER MN 55430 FTKD PROPERTIES INC 6000 BASS LAKE RD #200 CRYSTAL MN 55429
22 02-118-21 23 0022 KS ENTERPRISE LLC 5810 XERXES AVE N BROOKLYN CENTER MN 55430 KS ENTERPRISE LLC 1199 SUMMER ST ROSEVILLE MN 55113
22 02-118-21 23 0024 METROPOLITAN COUNCIL 2900 CO RD NO 10 BROOKLYN CENTER MN 55430 METRO TRANSIT COMM ATTN: METRO TRANSIT FINANCE 560 6TH AVE N MINNEAPOLIS MN 55411
22 02-118-21 24 0019 ECON DVLPT ATHY BROOKLYN CTR 2500 CO RD NO 10 BROOKLYN CENTER MN 55430 ECON DVLPT ATHY BROOKLYN CTR 6301 SHINGLE CREEK PKWY BROOKLYN CENTER MN 55430
22 02-118-21 24 0020 ECON DEV AUTH BROOKLYN CENTE 5900 SHINGLE CREEK PKWY BROOKLYN CENTER MN 55430 ECON DEV AUTH BROOKLYN CENTE 6301 SHINGLE CREEK PKWY BROOKLYN CENTER MN 55430
22 03-118-21 14 0001 KENT J ERICKSON REVOCABLE TR 5740 BROOKLYN BLVD BROOKLYN CENTER MN 55429 KENT J ERICKSON C/O BROOKDALE HEALTH 5740 BROOKLYN BLVD #100 BROOKLYN CENTER MN 55429
22 03-118-21 14 0026 HONEYWELL EMPLY CREDIT UNION 5825 XERXES AVE N BROOKLYN CENTER MN 55430 CONNEXUS CREDIT UNION PO BOX 8026 WAUSAU WI 54402
22 03-118-21 14 0030 TCF BANKING & SAVINGS F A 2950 CO RD NO 10 BROOKLYN CENTER MN 55430 TCF NATIONAL BANK ATTN: CORP REAL ESTATE PO BOX 182334 55441 COLUMBUS, OH 43218
22 03-118-21 14 0033 BC CROSSING/INVENTURE P LLC 3300 CO RD NO 10 BROOKLYN CENTER MN 55429 BC CROSSING LLC INVENTURE PROPERTIES LLC 3105 1ST STREET S ST CLOUD MN 56301
22 03-118-21 14 0034 BC CROSSING/INVENTURE P LLC 3220 CO RD NO 10 BROOKLYN CENTER MN 55429 BC CROSSING LLC INVENTURE PROPERTIES LLC 3105 1ST STREET S ST CLOUD MN 56301
22 03-118-21 14 0035 BROOKDALE CORNER LLC 3245 CO RD NO 10 BROOKLYN CENTER MN 55429 BROOKDALE CORNER LLC 705 MARQUETTE AVE S STE 900 MINNEAPOLIS MN 55402
22 03-118-21 14 0036 BROOKLYN CENTER AH II LLLP 5803 XERXES AVE N BROOKLYN CENTER MN 55430 BROOKLYN CENTER AH II LLLP C/O REAL ESTATE EQUITIES LLC 579 SELBY AVE ST PAUL MN 55102
22 03-118-21 14 0037 BROOKLYN CENTER AH I LLLP 5801 XERXES AVE N BROOKLYN CENTER MN 55430 BROOKLYN CENTER AH I LLLP C/O REAL ESTATE EQUITIES LLC 579 SELBY AVE ST PAUL MN 55102
22 03-118-21 41 0001 MARQUETTE BANK BROOKDALE 5620 BROOKLYN BLVD BROOKLYN CENTER MN 55429 WELLS FARGO BANK C/O DELOITTE TAX LLP PO BOX 2609 CARLSBAD CA 92018
22 03-118-21 41 0002 IHOP PROPERTY LLC 5601 XERXES AVE N BROOKLYN CENTER MN 55430 IHOP PROPERTY LLC C/O DINEEQUITY INC 450 N BRAND BLVD GLENDALE CA 91203
Owned by City of Brooklyn Center EDA
Applicant Property (ISD #286)
Transit Oriented Development (TOD) District Properties
Exhibit C
1
CITY OF BROOKLYN CENTER
Please take notice that the Planning Commission of the City of Brooklyn Center will hold a public
hearing on Thursday, May 9, 2024 at 7:00 p.m. at Brooklyn Center City Hall, located at 6301
Shingle Creek Parkway, Brooklyn Center, MN 55430 to hear from the public, discuss, and make
a recommendation upon an ordinance amending Chapter 35 of the City Code to allow public and
private elementary and secondary schools offering a regular course of study as a conditional use
in the City’s Transit Oriented Development zoning district. Public hearing materials can be
accessed and will be available in advance of the meeting by visiting the City of Brooklyn Center’s
website at: https://www.brooklyncentermn.gov/. Interested persons are welcome to attend the
hearing and be heard regarding this matter.
Comments and questions may be forwarded to Ginny McIntosh, Planning Manager at
gmcintosh@brooklyncentermn.gov or (763) 569-3319 up until 4:30 pm on the day of the hearing.
Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance.
ORDINANCE NO. ________
AN ORDINANCE AMENDING SECTION 35-4103 ALLOWED USE TABLE OF THE CITY
CODE OF ORDINANCES REGARDING PUBLIC AND PRIVATE ELEMENTARY AND
SECONDARY SCHOOLS OFFERING A REGULAR COURSE OF STUDY IN THE
TRANSIT ORIENTED DEVELOPMENT ZONING DISTRICT
THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS
FOLLOWS:
Article I. Brooklyn Center City Code, Chapter 35, Section 35-4103 Allowed Use Table is amended
by adding the following double-underlined language:
P = PERMITTED USE, C = CONDITIONAL USE, I = INTERIM USE, A = ACCESSORY USE
Residential Commercial/ Mixed
Use
Nonresidential
Use-
Specific
Standards
R1
R2
R3
R4
R5
M X-
N1
M X-
N2
M
X-
C
TO
D
C
MX-
B
I
O
EDUCATIONAL FACILITIES
Nonresidential
educational uses
including Area Learning
Centers (ALC), post-
C C P P P
2
Article II. Severability. Should any section or part of this ordinance be declared by a court of
competent jurisdiction to be invalid, such decision will not affect the validity of the ordinance as
a whole or any part other than the part declared invalid.
Article III. Effective Date. This ordinance shall become effective after adoption and upon thirty
days following its legal publication.
Adopted this ____ day of _____________, 2024.
_______________________________
April Graves, Mayor
ATTEST: _________________________
Barb Suciu, City Clerk
Date of Publication
Effective Date
(Strikeout indicates matter to be deleted, double-underline indicates new matter.)
secondary schools,
business schools, trade
schools and the like, but
excluding public and
private elementary and
secondary schools
Public and private
elementary and secondary
schools offering a regular
course of study
C
C C C
Accessory educational
structures serving public
and private elementary
and secondary schools
offering a regular course
of study
I I I 35-4408
Proclamation
DESIGNATING THE MONTH OF JUNE 2024 AS LGBTQ+ PRIDE MONTH
WHEREAS, our nation was founded on the principle of equal rights for all people, but the fulfillment of
this promise has long been coming for many Americans. Some of the most inspiring
moments in our history have arisen from the various civil rights movements that have
brought one group after another from the margins to the mainstream of American society;
and
WHEREAS, in the movement toward equal rights for lesbian, gay, bisexual, and transgender (LGBTQ+)
people, a historic turning point occurred on June 28, 1969, in New York City, with the onset
of the Stonewall Riots. During these riots, LGBTQ+ citizens rose up and resisted police
harassment that arose out of discriminatory criminal laws that have since been declared
unconstitutional. In the four decades since, civil rights for LGBTQ+ people have grown
substantially, and LGBTQ+ pride celebrations have taken place around the country every
June to commemorate the beginning of the Stonewall Riots; and
WHEREAS, while civil rights are advancing, there is still further progress needed; it is essential to
recognize and celebrate the substantial gains that have been achieved; and
WHEREAS, LGBTQ+ residents in Brooklyn Center represent our families, friends, neighbors, teachers,
employees, and community leaders. Across all religions, races, and communities, LGBTQ+
people are helping us become a perfect union in reaching our ideals proclaimed in our
Declaration of Independence that all “people” are created equal and deserve to be embraced
and treated as equals.
NOW, THEREFORE, I, April Graves, Mayor of the City of Brooklyn Center, on behalf of the Brooklyn
Center City Council and residents of Brooklyn Center, do hereby proclaim June 2024 as “LGBTQ+ Pride Month”
in the City of Brooklyn Center and call upon its residents to eliminate prejudice everywhere it exists and celebrate
the diversity of our community.
May 28, 2024
Date Mayor
ATTEST:
City Clerk
C ouncil R egular M eeng
DAT E:5/28/2024
TO :C ity C ouncil
F R O M:D r. Reggie Edwards, City Manager
T H R O U G H :J esse A nders on, C ommunity D evelopment D irector
BY:G inny M cI ntosh, P lanning M anager
S U B J E C T:Res olu0on Regarding P lanning C ommis s ion A pplica0on No. 2024-003, S ubmi5ed by Lin
S huang L L C , for I ssuance of a Condi0onal U s e Permit for a Tire I nstalla0on and A uto
D etailing S hop (5927 J ohn Mar0n D rive)
Requested Council A con:
- M oon to adopt a r esoluon approving P lanning C ommission A pplicaon No. 2024-003 for issuance of a
C ondional U se Permit at 5927 J ohn M arn D rive for a r e installaon and auto detailing shop, based
upon the findings of fact and submi)ed applicaon, and as amended by the condions of appr oval in the
resoluon.
B ackground:
P roperty O w ner L in S huang L L C (“the A pplicant ”) is r eques 0ng review and cons idera0 on for is s uance of a
condi0onal us e per mit to allow for a 0r e ins talla0 on and auto detailing shop at 5927 John M ar0n D rive
(“the S ubject P roperty ”). The approximately 3,700-s quare foot space was formerly home to Tires P lus , who
occupied the s pace fr om the early 1 9 9 0 s un0l 2022. The s pace has r emained vacant since their clos ure. A s
the use w as vacant for a per iod greater than 12 months , a new condi0onal use per mit is required per
S ec0on 35-7700 (C ondional Use Permits).
A lthough the A pplicant ’s preference had been to u0lize the space for retail, the A pplicant indicated that
aDer a year of s earching for pros pec0 ve tenants , and ev en offer ing the S ubject P r oper ty for s ale, that
almos t all of the inquiries received were for automobile repair and s er vice. The only other non-automo0ve
related proposals that were deemed, “not a good fit,” were for us es including, but not limited to a: cannabis
dis pensary, motorcycle s hop, pallet recycling warehous e, car graphics shop, and restaurant/night club.
A s part of the applica0on proces s , a public hearing no0ce was s ubmi5ed to the Br ookly n Center S un Post
for publica0on on A pril 25, 2024, and no0ces were mailed to property owners and phys ical loca0ons within
350 feet of the S ubject P roperty. A link to the public hearing no0ces was als o publis hed on the City ’s
w ebsite and sent out by email to s ubs cribers of the City ’s weekly events bulle0n.
A public hearing was held at the May 9, 2024 P lanning Commission mee0ng, and those Commissioners in
a5endance were generally suppor0v e of the outlined reques t. T he C ommis s ioners as ked clarifying
ques0ons as to w hether any full-s erv ice auto repair w ould be taking place, reques ts fr om C ity s taff to
upgrade the non-confor ming exterior site ligh0 ng, and not allowing for the park ing of cus tomer or staff
vehicles on the C ity E D A lot to the wes t (5939 J ohn Mar0 n D riv e). A ddi0onal ques 0ons were pos ed to the
A pplicant r egar ding the hours of opera0 on, and how the automo0ve us e would be complementary to the
exis0ng res taurant and buffet in the adjacent tenant s pace. No modifica0ons to the propos ed condi0ons
w ere made by the P lanning C ommis s ion.
I n dis cus s ions w ith the P lanning Commis s ion and A pplicant, it w as clarified that the intensity of us e should
be less than the former occupant (Tir es P lus ) as no full-s ervice automo0 ve work w ould be conducted and
the busines s w ould focus on 0re installa0 on and r epair. A lthough the A pplicant indicated the tenant
proposes an acces s ory automo0v e detailing shop w ithin the s pace, the A pplicant clarified that no vehicles
w ould be was hed on-site and no work or cleaning would take place out in the parking lot.
Following clos e of the public hearing, the P lanning C ommis s ion elected to unanimously (4-0) recommend
City C ouncil approval of the reques ted is s uance of a C ondi0 onal U s e Permit for the pr opos ed reuse of the
former Tires P lus s pace located at 5927 John M ar0n D riv e as a 0r e ins talla0on and automo0v e detailing
s hop.
A copy of the P lanning C ommis s ion Report for P lanning Commission A pplica0 on N o. 2 0 2 4 -0 0 3 , dated May
9, 2 0 2 4 and C ity Council resolu0 on r egar ding the aforemen0oned request is included with this
memorandum.
B udget I ssues:
None to cons ider at this 0me.
I nclusive C ommunity Engagement:
A nracist/Equity Policy Effect:
S trategic Priories and Values:
S trengthen and divers ify busines s development and hous ing
AT TA C H M E N TS :
D escrip0on U pload D ate Type
S taff Report and Exhibits - 5927 John M ar0n D rive (C ondi0onal
U s e Permit)5/21/2024 Backup M aterial
Res olu0on - C U P for 5927 J ohn Mar0n D rive 5/21/2024 Resolu0on Le5er
App. No. 2024-003
PC 05/09/2024
Page 1
Planning Commission Report
Meeting Date: May 9, 2024
Application No. 2024-003
Applicant | Property Owner: Lin Shuang LLC
Location: 5927 John Martin Drive, Brooklyn Center, MN 55430
Request: Conditional Use Permit
Map 1. Subject Property Location.
Requested Action
Property Owner Lin Shuang LLC (“the Applicant”) is requesting review and consideration for issuance of
conditional use permit to allow for a tire installation and auto detailing shop at 5927 John Martin Drive (“the
Subject Property”)—refer to Exhibit A. Tires Plus had long been a tenant of the Subject Property until 2022
when they closed. As the use was abandoned for a period greater than 12 months, a new conditional use
permit is required per Section 35-7700 (Conditional Use Permits).
As part of the application process, a public hearing notice was submitted to the Brooklyn Center Sun Post
for publication on April 25, 2024 (Exhibit B), and notices were mailed to property owners and physical
locations within 350 feet of the Subject Property. A link to the public hearing notice was also published
on the City’s website and sent out by email to subscribers of the City’s weekly events bulletin.
• Application Filed: 04/09/2024
• Review Period (60-day) Deadline: 06/08/2024
• Extension Declared: No
• Extended Review Period Deadline:
App. No. 2024-003
PC 05/09/2024
Page 2
Site Data:
2040 Land Use Plan: Transit-Oriented Development (TOD)
Neighborhood: Centennial
Current Zoning: Transit-Oriented Development (TOD) District
Site Area: Approximately 1.36 acres
Surrounding Area:
Direction 2040 Land Use Plan Zoning Existing Land Use
North Commercial MX-C
(Commercial Mixed-Use)
Commercial
(Restaurant Depot | Strip Mall)
South ROW | N-MU
(Neighborhood
Mixed-Use)
TOD | PUD/TOD
(Planned Unit
Development/Transit-
Oriented Development)
Office (Brooklyn Center
Community Schools
Administrative Offices | Brooklyn
Center Early College Academy |
Centaur Beginnings Childcare) |
Undeveloped (City of Brooklyn
Center EDA)
East N-MU (Neighborhood
Mixed-Use)
TOD Undeveloped (City of Brooklyn
Center EDA/former Perkins site)
West Parks, Recreation,
Open Space
TOD Undeveloped (City of Brooklyn
Center EDA/former St. Louis Park
Clinic)
Existing Conditions
App. No. 2024-003
PC 05/09/2024
Page 3
Image 1. Existing Site Conditions at Subject Property.
Background
The Subject Property originally received site and building plan approval in 1979 under Planning
Commission Application No. 79035 for what was originally a Berger Brothers sporting goods shop. As
originally contemplated, the building was to primarily serve as an approximately 8,820-square foot retail
shop, with approximately 1,425-square feet of storage area. At the time, the Subject Property was zoned
C2 (Commerce) District, which allowed for retail uses, and contemplated 85 on-site parking spaces for the
retail store.
In 1991, the formerly single use retail building received a proposal to convert into a two-tenant building
when a Tires Plus auto shop expressed interest in locating on the Subject Property and following closure
of Berger Brothers. Tires Plus ultimately took approximately 3,700-square feet of the west side of the
Subject Property, with the remaining approximately 6,500-square feet left available for a new user. The
remaining space has long functioned as a restaurant and buffet (currently New King Buffet). The Subject
Property lost five (5) parking spaces as the restaurant and buffet required a separate trash enclosure area,
leaving a total of 80 on-site parking spaces.
The current Property Owner and Applicant, Lin Shuang LLC, purchased the property in 2007. Tires Plus
closed their location at the Subject Property in 2022 and the Subject Property was listed for sale shortly
thereafter. In August 2023, a Planning Commission was submitted for conversion of the approximately
App. No. 2024-003
PC 05/09/2024
Page 4
10,200-square foot building to a restaurant and bar (nightclub); however, the request was denied by City
Council in October 2023.
The existing restaurant and buffet business was recently conveyed to a new owner and a new lease
executed; however, the Property Owner and Applicant has been courting proposals for the former Tires
Plus space for a year. Many of the proposals were for automotive repair shops, which are conditional uses
in the Transit-Oriented Development (TOD) District where the Subject Property is located. As the former
automotive shop use was abandoned for a period of greater than 12 months, a use permit is required.
The Subject Property is centrally located within the City’s designated approximately 80-acre Opportunity
Site. A draft Opportunity Site Master Plan has been underway for a number of years and at present the
plans are to move towards a final adoption this year. In July 2021, the City of Brooklyn Center City Council
adopted an Infrastructure Framework for the Opportunity Site, which serves as a proactive, guiding
document and focused on four core components (stormwater, access and connectivity, parks and open
space, and land use). While the Framework is intended to help inform decision making, it was also
designed to provide certain flexibilities and dependent upon market conditions.
Image 2. Aerial Map Noting Location of Subject Property (in red) in Relation to Infrastructure Framework for Connectivity.
App. No. 2024-003
PC 05/09/2024
Page 5
CONDITIONAL USE PERMIT
Business Operations
The Applicant indicated in their project summary plans to lease the former Tires Plus space located on the
Subject Property to the former owner and operator of Affordable Tires in Brooklyn Park, as his old space
was sold, and as the Applicant felt he was a, “good fit for this space as he has experience, a good crew,
and already established loyal customers.”
Image 3. Existing Interior Floor Plan (1991).
App. No. 2024-003
PC 05/09/2024
Page 6
Image 4. Building Exterior – West Elevation (1991).
As proposed, the business would operate Monday through Friday from 9 a.m. to 8 p.m. and Saturday from
10 a.m. to 6 p.m. The Applicant and intended business operator indicated a maximum of 6 employees on
shift and approximately 15 to 30 customers per day between the tire installation and auto detailing
business. The business would provide tire repair and installation services, with no plans to conduct
automotive repairs on-site. This is a notable distinction between the proposed use and the former Tires
Plus use as Tires Plus did provide repair services (e.g. brakes, alignment, engine repair).
For the auto detailing side of the business, the Applicant indicated that this would be provided by the
same operator and that similar services were provided at the proposed tenant’s former Affordable Tires
location off Bottineau Boulevard (County Road 81) and 73rd Avenue North in Brooklyn Park. The Applicant
indicates that no water usage would be required as the auto detailing services would be limited to interior
cleaning, vacuuming, and detailing. Exterior detailing would be limited to buffing and polishing. City staff
stressed to the Applicant that no detailing work should take place in the parking lot.
When presenting the space to the proposed tenant, the Applicant and Property Owner was clear that no
parking was to occur on the adjacent property, which is owned by the City’s Economic Development
Authority.
With respect to the intensity of the use, City staff reviewed documentation on file for the former
Tires Plus (Exhibit C), which indicated a range of two to six employees on duty at any one time.
Regarding hours of operation, the hours proposed by the new tenant would be slightly more limited
than the former Tires Plus, which operated slightly later in the evenings (until 9 p.m. Mondays through
Fridays) and on Sundays from 10 a.m. to 5 p.m.
Building and Site Modifications
For the interior of the space, the hoists, trench drain, and oil/sand interceptor, if required, would require
re-installation as the Applicant had removed these given the Applicant’s preference had been to utilize
the space for retail. The Applicant indicates in their submitted project summary that, after a year of
searching for prospective tenants and even offering the Subject Property for sale, that almost all of the
inquiries received were for automobile repair and service. The proposed tenant would be responsible for
providing any and all tenant furniture and equipment.
In conducting a review of the Subject Property, City staff noted potholes in the parking lot and within the
drive access area shared between the Subject Property and adjacent property located at 5939 John Martin
Drive, which is owned by the City’s Economic Development Authority. Certain areas of the main parking
lot had faded parking lot striping. In discussing these, the Applicant and Property Owner indicated a
willingness to fill in any potholes and re-stripe the parking lot as necessary.
City staff further noted that the previously non-compliant site lighting, which was last reviewed in 2023
as part of an earlier Planning Commission Application for the Subject Property, had either gone missing
App. No. 2024-003
PC 05/09/2024
Page 7
(i.e. spotlights located on the existing freestanding sign) or been replaced with non-compliant lighting (i.e.
two globe light posts with residential-style heads). City staff conveyed that the lighting would need to be
addressed to comply with City lighting standards as outlined under Section 35-5400 (Exterior Lighting).
Although there are existing wall-pack style lights located over the automotive bay doors, City staff
reiterated that the Applicant and Property Owner should ensure they are functional. If not, replacements
shall be proposed for review and approval by City staff.
An existing trash enclosure located at the south end of the Subject Property is in poor condition. City staff
is requesting its removal. If the proposed tenant requires a separate, exterior trash enclosure, the
Applicant and Property Owner can propose the new enclosure and specifications (e.g. materials, setback
off property line) to City staff. Any exterior enclosure will need to fully screen any dumpster and provide
a fully opaque fencing/material complementary to the building.
In reviewing the front (north) elevation of the building, City staff noted a residual imprint of the former
Tires Plus wall sign, despite its removal. City staff requested the Applicant and Property Owner complete
some touch up paint so that it is not visible. Any new wall or tenant panel signage on the freestanding
sign will need to comply with the City’s sign provisions as outlined under Section 35-6000 (Signs).
The Applicant and tenant will need to coordinate with the Minnesota Pollution Control Agency (MPCA)
and Hennepin County for any necessary permitting and/or licensure requirements.
Conditional Use Permits, as outlined under Section 35-7700, are those uses which have been identified,
because of their nature, operation, location, special requirements or characteristics, and that may only be
allowed in a particular zoning district after submittal of an application, review, and recommendation by
the Planning Commission, and approval by the City Council.
The Conditional Use Permit process regulates: the location, magnitude, and design of conditional uses
consistent with the Comprehensive Plan, and the regulations, purposes, and procedures of this Unified
Development Ordinance.
A Conditional Use Permit may not be granted by the City Council unless the following criteria have been
satisfied (Note: Applicant responses transcribed from submitted narrative—Exhibit A):
a. The conditional use will be in accordance with the general objectives, or with any specific
objective, of the City’s Comprehensive Plan and this UDO
Applicant Response: The tire shop and car detailing would fit the objective because it’s a service-
based business that would ultimately help bring people to the area to eat/shop in the area.
City Staff Response: The Subject Property is located within the City’s new Transit-Oriented
Development (TOD) District, and is also future guided as Transit-Oriented Development under the
City’s 2040 Comprehensive Plan. The TOD zoning district and future land use designation of TOD
are brand new to the City as of 2023 and 2019, respectively.
The purpose of the TOD District, as outlined under the City’s Unified Development Ordinance
(Section 35-2304), is to, “support opportunities for dense, transit-supportive and transit-oriented
development. The TOD District requires intensities and patterns of development that support
vibrant pedestrian activity, and discourages land uses and development patterns that could
App. No. 2024-003
PC 05/09/2024
Page 8
decrease walkability or interfere with future growth of transit-oriented development and transit
ridership. The District intends to promote sustainable urban places that include places to live,
work, shop, and recreate, reduce reliance on automobiles, and encourage the use of public
transit. The District intends to foster job creation and economic growth in near-proximity to
transit, and provides citizens with new housing and lifestyle choices with a high level of amenities
and spaces for social interaction.”
The Applicant and Property proposes no major alterations to the exterior of the existing building
or existing access off John Martin Drive. Although City staff welcomes any opportunities to
enhance the overall pedestrian friendliness, there are also no plans for modifications and
“automotive and truck rental repair and service stations” are permitted through issuance of a
conditional use permit in the TOD District.
As the Subject Property exists today, there are six (6) existing bay doors located on the west
elevation of the building and served by a shared drive running between the Subject Property and
adjacent property to the west (5939 John Martin Drive), which is owned by the City of Brooklyn
Center’s Economic Development Authority. An existing loading dock is located on the south
elevation of the building, along with an existing used tire enclosure.
As conveyed earlier in the report, the existing trash enclosure located at the south end of the
property is in poor condition and City staff has requested its removal. If the new tenant requires
an exterior trash enclosure, any outside trash disposal facilities and rooftop or ground mechanical
equipment shall be appropriately screened from view per City Code requirements and a detail
sheet provided. Any outside tire storage shall be screened and in compliance with Minnesota
Building and Fire Code standards.
In reviewing the existing site, City staff noted that some of the main parking lot site lighting, which
was already non-compliant during the last review of the property under Planning Commission
Application No. 2023-006, is now either missing (i.e. spotlights located on the freestanding sign)
or been replaced with non-compliant heads. City staff is requesting a proposal for lighting in
compliance with Section 35-5400 (Exterior Lighting) be provided. The west elevation, which
features the automotive bay doors, does have existing wall pack lights in place; however, their
functionality should be verified.
City staff further requested that the Applicant and Property Owner address potholes present in
the parking lot and shared drive areas as well as parking lot striping that is fading.
b. The establishment, maintenance, or operation of the conditional use will promote and enhance
the general public welfare and will not be detrimental to or endanger the public health, safety,
morals or comfort
Applicant Response: The tire shop and car detailing would help provide 6 jobs locally. The owner
previously owned and operated the Affordable Tires for numerous years and have the experience
to ensure the site would be operated in a clean, safe, and responsible manner.
City Staff Response: The former Tires Plus space located on the Subject Property has been vacant
since 2022; however, prior to its closure, the automotive repair shop had operated at this location
since the early 1990s. Although the Applicant and Property Owner had sought out a retail type
App. No. 2024-003
PC 05/09/2024
Page 9
use for the space and made strides to make the space more presentable for this type of user, the
retail type uses inquiring were deemed to be “not a good fit” per the Applicant and included a
cannabis dispensary and motorcycle shop. Other uses who inquired on the space included a pallet
recycling warehouse, car graphics shop, and restaurant/night club.
It is presumed the conditional use would promote and enhance the general public welfare by re-
filling a space that has been vacant for some time. Most of the surrounding businesses are open
during similar times; however, their uses appear to be complementary to one another and the
proposed use should not be detrimental to or endanger the public health, safety, morals or
comfort. The proposed auto detailing shop would take place within the existing space and the
proposed automobile repair use would be less intense as the business would focus on tire
installation, rather than a full-service automotive repair shop. The Applicant indicates that
vehicles would not be stored on-site for any extended period of time.
“Automobile and truck repair and service stations” as outlined under Section 35-3103 are subject
to special requirements outlined within Section 35-4303 (a), which provides additional regulations
for vehicle and equipment uses. These include provisions for the outside storage of trash, parts,
or tires, and restrictions on the length of a time a vehicle being serviced may be parked on the
premises (maximum period of 48 hours).
c. The conditional use will not be injurious to the use and enjoyment of other property in the
immediate vicinity for the purposes already permitted, nor substantially diminish and impair
property values within the neighborhood
Applicant Response: Tires Plus was previously operating at this site for over 20 years and closed
down post COVID due to labor shortages. Them being here definitely help keep this forgotten
portion of Brooklyn Center alive. Having a successful business in this corner of the city would help
property values in the area versus having another vacant building that is both an eye sore and
contribute to declining property values in this area.
City Staff Response: Based on a review of City records, the former Tires Plus had existed in the
proposed space for approximately 30 years. As proposed, the new tenant’s tire installation and
auto detailing shop would be a less intense use than the former Tires Plus location, which provided
automotive repair services. There would be no long-term storage of vehicles, and there could be
no longer term storage of vehicles on-site as City Code provisions do not allow for vehicles to be
parked on the premises for longer than 48 hours.
Although the Applicant and Property Has indicated a desire to refill the tenant space as quickly as
possible, they are also cognizant of the City’s priorities with the Opportunity Site and will re-
evaluate their use of the Subject Property dependent on any future development around the
property. Despite this, City staff did convey requests to address striping in the parking lot, the
filling in of potholes, and site lighting.
d. The establishment of the conditional use will not impede the normal and orderly development
and improvement of surrounding property for uses permitted in the district
Applicant Response: Our shop wouldn’t delay or prevent in any way the improvements and
development of the surrounding area. We are supportive of the development to come!
App. No. 2024-003
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City Staff Response: The Subject Property is surrounded on three sides by properties owned by
the City’s Economic Development Authority (EDA), which are intended for the future creation of
new, walkable blocks and development within the Opportunity Site. As is contemplated in the
Council-adopted Infrastructure Framework, John Martin Drive, on which the Subject Property
abuts, is identified as a future “Main Street” and the Framework identifies a future potential
Garden Street that would run perpendicular to John Martin Drive and generally between the
Subject Property and EDA-owned 5939 John Martin Drive. These properties are currently served
by a single, shared driveway.
There are no proposed major alterations to the exterior of the building, other than what already
exists. City staff did convey that as this is a shared driveway with a property line running down
the middle of the drive aisle, that there was a concern that vehicles would park in the parking
spaces located directly across from the bay doors and as had occurred in the past when Tires Plus
was still in operation.
The Applicant noted in their application summary that in showing the property to the proposed
tire installation shop and detailing operator, they conveyed that no staff or customers would be
allowed to park on EDA property and as part of the lease agreement. The Applicant further
indicates that no new improvements are needed as the space was previously utilized as an
automotive repair shop by Tires Plus.
e. Adequate measures have been or will be taken to provide ingress, egress, and parking so designed
as to minimize traffic congestion in the public streets
Applicant Response: Our parking is shared with the restaurant next door and we have more than
adequate parking on site. The restaurant has an extremely high volume of take-out and catering
instead of dine in and therefore parking is plentiful. We are not a high-volume customer business
so therefore don’t require a whole lot of parking.
City Staff Response: As noted above, the Subject Property and neighboring EDA-owned 5939 John
Martin Drive share a common driveway and easements off John Martin Drive. No secondary
access points are available for either property. As no exterior modifications are proposed, it is
expected that there would be minimal to no traffic congestion in the public streets (John Martin
Drive).
As there are 6 automotive bay doors located some distance back from John Martin Drive and an
assumed 15-30 customers per day, City staff has minimal concerns of potential traffic congestion
in the public streets given there are 80 existing parking spaces. As a typical customer would park
their vehicle in the main lot before proceeding to the main entry and waiting area located on the
north end of the building, there should be no queuing of vehicles in front of the bay doors.
f. Impacts such as noise, hours of activity, and exterior lighting have been sufficiently addressed to
mitigate negative impacts on nearby uses
Applicant Response: Our business is a “softer” and less intrusive than the previous Tires Plus as
we don’t do any car repairs or maintenance. We only do tire replacement and interior car
cleaning. We are quieter and cleaner on site and don’t believe will cause any problems with our
App. No. 2024-003
PC 05/09/2024
Page 11
hours or noise complaints. Our hours are: M-F 9 a.m. to 8 p.m. and Saturday 10 a.m. to 6 p.m.
City Staff Response: The proposed hours of activity are generally in line with the hours outlined
by the former Tires Plus, with the exception that the proposed tenant would not operate on
Sundays.
With respect to potential noise, it is assumed that noise levels would be similar to that of the
former tenant. It is expected that there would be occasional noise from equipment typically found
in an automotive shop (e.g. air compressors, impact wrench) and for the auto detailing, any
vacuuming for interior cleanings.
City staff has requested that the Applicant and Property owner address the current site lighting
as it is non-compliant or missing.
g. The conditional use shall, in all other respects, conform to the applicable regulations of the district
in which it is located.
Applicant Response: Our shop would be a great complement to this area and future development.
A major complaint of our customers is the fact that they don’t have any restaurants or places to
shop near where they are waiting for cars. Instead we have to provide them loaner vehicles to go
out and get something to eat/drink. Essentially, we could keep the customers here and spend
more money next door at the restaurant while they wait for their cars. Lifting spending and
businesses in the area together.
City Staff Response: The proposed use of a tire installation and repair shop and auto detailing
business is substantially similar to the former Tires Plus that had been located in this space for
around 30 years. Although City staff is generally supportive of designing developments to increase
the overall pedestrian friendliness of the Subject Property, and to align with the overall mission
of the Transit-Oriented Development District and Opportunity Site Framework (2021), there are
no plans at this time to make any major modifications to the Subject Property and the proposed
use is a listed “conditional use” in the TOD District.
The Applicant and Property Owner is aware of their location within the Opportunity Site and is
prepared to re-evaluate usage on the Subject Property if any when the properties around them
are redeveloped but are wanting to re-fill their vacant space in the meantime. As the proposed
use is not an “unknown” for the fact a similar type business co-existed with the adjacent
restaurant and buffet for years, the Applicant indicated that this would likely provided the most
realistic path for re-filling the space. The Applicant further acknowledged that the proposed use
would provide additional foot traffic to neighboring restaurants next door and at Shingle Creek
Center (to the north) as customers wait for their vehicles to be serviced.
ANTICIPATED PERMITTING AND CONDITIONS
City staff recommends the following conditions be attached to any positive recommendation on the
approval of Planning Commission Application No. 2024-003 for the Subject Property located at 5927 John
Martin Drive and for issuance of a conditional use permit to operate a tire installation and auto detailing
business:
1. The Applicant and Property Owner shall adhere to the provisions as outlined under
App. No. 2024-003
PC 05/09/2024
Page 12
Section 35-7700 (Conditional Use Permit), and shall coordinate with City staff to file a copy
of the City Council resolution approving the requested conditional use permit for the tire
installation and auto detailing shop, along with a legal description of the Subject Property
for which the permit was issued ,and list of any conditions set forth by City Council as a
condition of said conditional use permit. A certified copy shall be recorded by the
Applicant with the Hennepin County Recorder-Registrar of Titles within 60 days of
approval of said resolution.
i. No auto detailing work shall take place in the parking lot or drive areas.
ii. Per Section 35-4303 (Non-Residential Uses), motor vehicles which are being
serviced may be parked in an appropriate outdoor location on the Subject
Property for a maximum period of 48 hours at any one time.
2. Any major changes or modifications made to the approved Site and Building Plan, and as
outlined within the City Code, can only be made by an amendment to the approved Site
and Building Plan as approved by the City Council.
i. Applicant and Property Owner shall work with City staff to provide exterior site
lighting in accordance with Section 35-5400 (Exterior Lighting).
ii. Applicant and Property Owner shall work with City staff to address the filling of
any potholes located within the parking lot and shared drive areas, and any re-
striping shall comply with Section 35-5504 (Parking Space Standards) and
Minnesota Accessibility Code provisions.
iii. The existing trash enclosure located at the south end of the Subject Property shall
be removed as it is in poor condition. Should a replacement enclosure be
required, the Applicant and Property Owner shall work with City staff to ensure
the enclosure fully screens any dumpsters, meets setback requirements, and
utilizes fully opaque screening.
3. The building plans are subject to review and approval by the Building Official with respect
to applicable codes prior to the issuance of permits.
i. A SAC Determination shall be submitted by the Applicant to the Metropolitan
Council and any associated fees paid at time of any permit issuance.
ii. Any outside tire storage shall be screened and in compliance with Minnesota
Building and Fire Code standards.
4. The Applicant and proposed tenant shall coordinate with the Minnesota Pollution Control
Agency (MPCA) and Hennepin County Hazardous Waste for any requirements relating to
the tire installation and auto detailing shop, including, but not limited to: reinstallation of
sand and oil interceptor, trench drains, etc.
5. 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
conform to City requirements.
RECOMMENDATION
Based on the above-noted findings, City Staff recommends the Planning Commission recommends City
Council approval of Planning Commission Application No. 2024-003 for approval of a conditional use
permit (CUP) for a tire installation and auto detailing shop at 5927 John Martin Drive, subject to the
Applicant complying with the Approval Conditions.
ATTACHMENTS
Exhibit A – Planning Commission Application No. 2024-003 Plans and Documents, submitted April 9, 2024.
Exhibit B – Public Hearing Notice, submitted for publication in the Brooklyn Center Sun Post, and dated April 25,
App. No. 2024-003
PC 05/09/2024
Page 13
2024.
Exhibit C – Interior Floor Plans and Approval Documentation for Former Tires Plus space, and Site Plan
for Subject Property (1991).
Tire Replacement and Auto Detailing and Cleaning
Additional information:
Hours of operation:
Monday - Friday 9am - 8pm
Saturday 10am - 6pm
Employ 6 people at max shift
Expected to have 15-30 customers/day depending on weather combine between the tires and car
cleaning together.
Lots of our previous customers want a place to eat/drink while they wait for their vehicles. This
would definitely help bring more customers next door to the restaurant. We are closed earlier on
weekends so would be out of the restaurant's way on weekends when they are busier. Even our staff
would enjoy the close restaurant next door for lunch. Talking to the restaurant next door, they
further verify that this was true and common back when Tires Plus was open. They are extremely
supportive of another tire shop opening next door.
After Tires Plus closed down December 2022, we had removed all the hoist and had the trench
drains filled-in because our preference of filling the space was for retail. Unfortunately, after a full
year of searching for prospective tenants, we realized that over 95% of the inquiries for this space is
for auto repair and service. There were several other interested parties like a pallet recycling
warehouse, cannabis dispensary, car graphics shop, motorcycle shop, and night club. We don’t feel
any of these tenants are a good fit for us. Due to the extended search for the optimal tenant, our
initial CUP for autoshop expired. We are realizing that at this point in time we don’t have the luxury
of being able to pick the perfect retail tenant. We finally decided that realistically this space was
gonna be vacant or another auto user at this point in time. Rather than having another vacant space
in this area of the city, having a service-based tire shop would complement our restaurant neighbor
next door. We came across Joanes which used to owned the Affordable Tires. He seemed upbeat on
the area and was looking for a new space for his business as the old one was sold. This is a
successful business he operated in the past and wanted a bigger location. We felt he is a good fit for
this space as he has experienced, a good crew, and already established loyal customers. Therefore
after over a full year of searching we are back here requesting to have our CUP approved as a auto
tire shop again.
We understand that the city owns the property next door to ours and have concerns on our
customers parking there. At our first showing with Joanes we have stated clearly to him that those
parking spaces are not ours and absolutely no staff or customers we be allowed to park there.
Furthermore, we will incorporate that into our lease as well as to not be a nuisance to neighbors or
city resource.
There are no improvements required for the new tire shop as this was previously occupied by Tires
Plus so as-is this space is already perfectly fitted for the tire shop and car cleaning service. Joanes will
just need to bring in their own furniture and equipment. We could update some of the lighting on
the building to better illuminate the parking lot.
Exhibit A
Please provide responses on each of the following criteria as outlined under Section 35-7703 (Conditional
Use Permit Criteria):
SECTION 35-7703 CONDITIONAL USE PERMIT CRITERIA. A conditional use permit may not be granted by
the City Council unless the following criteria have been satisfied:
a.The conditional use will be in accordance with the general objectives, or with any specific
objective, of the City’s Comprehensive Plan and this UDO
The tire shop and car detailing would fit the objective because it’s a service-based business that would
ultimately help bring people to the area to eat/shop in the area.
b.The establishment, maintenance, or operation of the conditional use will promote and enhance
the general public welfare and will not be detrimental to or endanger the public health, safety,
morals, or comfort
The tire shop and car detailing would help provide 6 jobs locally. The owner previously owned and
operated the Affordable Tires for numerous years and have the experience to ensure the site would be
operated in a clean, safe, and responsible manner.
c.The conditional use will not be injurious to the use and enjoyment of other property in the
immediate vicinity for the purposes already permitted, nor substantially diminish and impair
property values within the neighborhood
Tires Plus was previously operating at this site for over 20 years and closed down post Covid due to
labor shortages. Them being here definitely help kept this forgotten portion of Brooklyn Center alive.
Having a successful business in this corner of the city would help property values in the area versus
having another vacant building that is both an eye sore and contribute to declining property values in
this area.
d.The establishment of the conditional use will not impede the normal and orderly development
and improvement of surrounding property for uses permitted in the district
Our shop wouldn’t delay or prevent in any way the improvements and development of the surrounding
area. We are supportive of the development to come!
e.Adequate measures have been or will be taken to provide ingress, egress, and parking so designed
as to minimize traffic congestion in the public streets
Our parking is shared with the restaurant next door and we have more than adequate parking on site.
The restaurant has an extremely high volume of take-out and catering instead of dine in and therefore
parking is plentiful. We are not a high-volume customer business so therefore don’t require a whole lot
of parking.
f.Impacts such as noise, hours of activity, and exterior lighting have been sufficiently addressed to
mitigate negative impacts on nearby uses
Our business is a “softer” and less intrusive than the previous Tires Plus as we don’t do any car repairs
or maintenance. We only do tire replacement and interior car cleaning. We are quieter and cleaner on
site and don’t believe will cause any problems with our hours or noise complaints. Our hours are: M-F
9am – 8pm & Saturday 10am – 6pm.
g.The conditional use shall, in all other respects, conform to the applicable regulations of the district
in which it is located (Transit-Oriented Development/TOD District)
Our shop would be a great complement to this area and future development. A major co mplaint of
our customers is the fact that they don’t have any restaurants or places to shop near when they are
waiting for their cars. Instead we have to provide them loaner vehicles to go out and get something
to eat/drink. Essentially, we could keep the customers here and spend more money next door at
the restaurant while the wait for their cars. Lifting spending and businesses in the area together.
Exhibit B
Exhibit C
'
September 23, 1991
CARDINAL
DEVELOPMENT
CORPORATION
Mr. Ronald A. Warren, Director of Planning & Inspection
Mr. Gary Shallcross, Planner
City of Brooklyn Center
6301 Shingle Creek Parkway
Brooklyn Center, Minnesota 55430
Gentlemen:
re: Proposed site for Tires Plus at 5927 John Martin Drive
Our client: Condura Marketing Corporation/ Tires Plus
Tires Plus, a division of Condura Marketing Corporation, The
Condura Tire Groupe, is a 37 unit group of tire stores located
throughout the upper midwest. There are both franchised and
company operated stores with several additional units currently
under development.
The stores have evolved from their original locations which were
converted service stations to the current generation of modern,
state of the art facilities which are built to, or converted to,
Tires Plus exacting specifications.
The facilities are intended to be modern, clean, well lit,
attractive, efficiently operated stores that will be a place that
a 11 potent i a 1 customers, men and women, young and old, w i 11 be
comfortable visiting. The remaining older, non-conforming units
are being converted to this standard as quickly as contractual
commitments and financial constraints permit.
The proposed 1 ocat ion, in part of the farmer Burger Brothers
Building on John Martin Drive, will be a replacement for the old
location at 69th and Brooklyn Boulevard. That was the original
Tires Plus store and is a converted service station. It does not
bear any resemblance to the current generatidn of stores, such as
the location at Winnetka Commons in New Hope or on Cliff Road just
west of I-35E in Eagan.
Tires Plus operation is different from that of other recognized
major brand tire stores. Only tires, batteries and wheel related
items are sold, with the only service work being the installation
and service related to those items, such as alignments, brake work,
etc. Because of this limitation, the average customer is only on
the premises for a very short period of time, usually under one
hour. This means that, unlike most service garages, customer~~~iffilZ(~
to wait for their cars. They may visit a neighboring res want~ C
or retailer while the car is being serviced, but they-~ ~ot·
normally drop off their car and leave it all day. ::;;-.~r.:-c~~,199
LO •)f)o -r:::. I V ~ ll/j ONlr:v cmrfa
d' I
.,.,.')
,!/
. 8609 Lyndole Avenue South :/# 1 O 1 B• Bloomington; Minnesota 55420 (612) 881-5461
Page 2 -September 17, 1991 -Mr. Warren -Mr. Shallcross
At the proposed site, customers will be directed to park their cars
in the area in front of the building. This will be the logical
p 1 ace for them to park as the on 1 y customer entrance w i 11 be
through the main building lobby located at the center of the front
side. As is the policy at all Tires Plus locations, only company
personnel are allowed to drive vehicles into or out of the service
bays.
The number of emp 1 oyees on duty at one ti me wi 11 range from a
mini mum of two up to a maxi mum of six. The p 1 anned hours of
operation are 7:00 AM -9:00 PM Monday through Friday, 7:30 AM -
5:00 PM Saturday, and 10:00 AM -5:00 PM on Sunday.
This location is large enough to ensure that all work will be done
inside the service bays, and it is understood that will be a city
requirement. There is also sufficient inside storage to handle all
the inventory of tires and batteries. Total inside tire storage
capacity will be 2400 tires which is over 3 times the total storage
capability at the old location, and considerably larger than is
available at most of the newer stores.
Trash and junk tires will be handled through the trash storage
facility to be constructed adjacent to the existing loading dock at
the rear of the building. As indicated in the plans, this will be
built to be compatible with the existing building. There will be
two areas in the fac i 1 i ty, one for regular trash, and one for
recyclable materials such as tires. These will be picked up on a
schedule that will ensure that the capacity of the enclosure is not
exceeded. The junk tires are, in accord with State law, sent to a
recycler and are currently being used to fuel a Wisconsin paper
mi 11 .
Tires Plus understands that all signs and displays on the premises
must be in accord with the ordinances of the City of Brooklyn
Center.
Tires Plus looks forward to providing the residents of the area
with a new, modern facility where they can continue to obtain tires
and batteries, with the quickest service, at the lowest prices.
If you have any further questions,
A.:forrrra::c4.~1-,-~lease call me.
JMD:ms
cc: Don Gullett
Patricia A. Weller
or need any additional
Member introduced the following resolution and
moved its adoption:
RESOLUTION NO.
RESOLUTION APPROVING PLANNING COMMISSION APPLICATION NO.
2024-003 FOR ISSUANCE OF A CONDITIONAL USE PERMIT TO ALLOW
FOR A TIRE INSTALLATION AND AUTO DETAILING SHOP (5927 JOHN
MARTIN DRIVE)
WHEREAS, Planning Commission Application No. 2024-003, submitted by Lin
Shuang LLC (“the Applicant”) requests review and consideration of an application requesting
issuance of a conditional use permit for the approximately 3,700-square foot former Tires Plus tenant
space located at 5927 John Martin Drive (“the Subject Property”), as legally described in Exhibit A
attached hereto, that would allow for the re-use of the space as a tire installation and auto detailing
shop; and
WHEREAS, the Subject Property is situated in the City’s TOD (Transit Oriented
Development) District, and following a review of Section 35-4103 (Allowed Use Table), the use is
categorized as an “automobile and truck repair and service station,” which is allowed through
approval of a conditional use permit in the aforementioned district; and
WHEREAS, a public hearing notice was published in the Brooklyn Center Sun Post
on April 25, 2024, mail notifications were sent to adjacent property owners and physical properties,
and notice was provided for on the City’s website and email bulletins; and
WHEREAS, the Planning Commission of the City of Brooklyn Center, Minnesota
held a duly noticed and called public hearing on May 9, 2024, whereby a planning staff report was
presented and public testimony regarding the conditional use permit were received; and
WHEREAS, the Planning Commission of the City of Brooklyn Center, Minnesota
considered the conditional use permits request in light of all testimony received, the guidelines and
standards for evaluating the conditional use permit contained in Section 35-7700 (Conditional Use
Permit), the City’s 2040 Comprehensive Plan, the Opportunity Site Infrastructure Framework, as well
as information provided by the Applicant with respect to the proposed use’s operations and any
potential impacts, and the request generally satisfies the criteria as outlined within the above Sections;
and
WHEREAS, the City Council finds as follows regarding Planning Commission
Application No. 2024-003, submitted by Applicant Lin Shuang LLC:
a) The proposed use is substantially similar in nature to the former occupant of the
tenant space, Tires Plus, who operated at the Subject Property for approximately
30 years and adjacent to a restaurant and buffet, which occupies the other tenant
space to this day, and its potential impacts on the surrounding community as an
“automobile and truck repair and service station” are addressed as set forth within
Section 35-4103 (Allowed Use Table);
RESOLUTION NO.
b) The proposed use is allowed through approval of a conditional use permit in the
TOD District;
c) The conditional use, as proposed, will be in accordance with the general objectives
of the City’s Comprehensive Plan and the City’s Unified Development Ordinance;
d) The establishment, maintenance, or operation of the conditional use will promote
or enhance the general public welfare and will not be detrimental to or endanger
the public health, safety, morals, or comfort, and the Applicant has indicated that
all work will take place within the designated tenant space and not out in the
parking lot;
e) The conditional use will not be injurious to the use and enjoyment of other
property in the immediate vicinity for the purposes already permitted, nor
substantially diminish and impair property values within the neighborhood;
f) The establishment of the conditional use will not impede the normal and orderly
development and improvement of surrounding property for uses permitted in the
district or as the Opportunity Site, where the Subject Property is located, develops
out in the future;
g) Adequate measures have been taken to provide ingress, egress, and parking so
designated as to minimize traffic congestion in the public streets, and to ensure no
customer or staff parking is permitted on 5939 John Martin Drive, which shares a
driveway and access with the Subject Property, but is intended for future
redevelopment;
h) Impacts such as noise, hours of activity, and exterior light have been either
sufficiently addressed to mitigate impacts on nearby uses, or will be addressed as
a condition of approval; and
i) The conditional use will conform to the applicable regulations of the district in
which it is located.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center, Minnesota that it hereby approves Planning Commission Application No. 2024-
003 for the requested conditional use permit, which would allow for a tire installation and auto
detailing shop at 5927 John Martin Drive, and conditioned on compliance with all of the following:
1. The Applicant and Property Owner shall adhere to the provisions as outlined under
Section 35-7700 (Conditional Use Permit), and shall coordinate with City staff to
file a copy of the City Council resolution approving the requested conditional use
permit for the tire installation and auto detailing shop, along with a legal description
of the Subject Property for which the permit was issued, and list of any conditions
set forth by City Council as a condition of said conditional use permit. A certified
copy shall be recorded by the Applicant with the Hennepin County Recorder-
Registrar of Titles within 60 days of approval of said resolution.
a. No auto repair or detailing work shall take place in the parking lot or drive
areas.
b. Per Section 35-4303 (Non-Residential Uses), motor vehicles which are being
RESOLUTION NO.
serviced may be parked in an appropriate outdoor location on the Subject
Property for a maximum period of 48 hours at any one time.
2. Any major changes or modifications made to the approved Site and Building Plan,
and as outlined within the City Code, can only be made by an amendment to the
approved Site and Building Plan as approved by the City Council.
a. Applicant and Property Owner shall work with City staff to provide exterior
site lighting in accordance with Section 35-5400 (Exterior Lighting).
b. Applicant and Property Owner shall work with City staff to address the
filling of any potholes located within the parking lot and shared drive areas,
and any re-striping shall comply with Section 35-5504 (Parking Space
Standards) and Minnesota Accessibility Code provisions.
c. The existing trash enclosure located at the south end of the Subject Property
shall be removed as it is in poor condition. Should a replacement enclosure
be required, the Applicant and Property Owner shall work with City staff to
ensure the enclosure fully screens any dumpsters, meets setback
requirements, and utilizes fully opaque screening.
3. The building plans are subject to review and approval by the Building Official with
respect to applicable codes prior to the issuance of permits.
a. A SAC Determination shall be submitted by the Applicant to the
Metropolitan Council and any associated fees paid at time of any permit
issuance.
b. Any outside tire storage shall be screened and in compliance with Minnesota
Building and Fire Code standards.
4. The Applicant and proposed tenant shall coordinate with the Minnesota Pollution
Control Agency (MPCA) and Hennepin County Hazardous Waste for any
requirements relating to the tire installation and auto detailing shop, including, but
not limited to: reinstallation of sand and oil interceptor, trench drains, etc.
5. 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 conform to City requirements.
RESOLUTION NO.
May 28, 2024
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.
C ouncil R egular M eeng
DAT E:5/28/2024
TO :C ity C ouncil
F R O M:D r. Reggie Edwards, City Manager
T H R O U G H :J esse A nders on, C ommunity D evelopment D irector
BY:Krys-n Eldridge, A s s ociate P lanner
S U B J E C T:Res olu-on Regarding P lanning C ommis s ion A pplica-on No. 2024-005, S ubmi3ed by
Brookdale C ovenant C hurch and Bright F uture C hild Care Center, for I ssuance of a
C ondi-onal Use Permit for an Exis-ng P lace of Religious A s s embly and New Child C are
C enter (5139 Brooklyn Boulevard)
Requested Council A con:
- M oon to adopt a r esoluon approving P lanning C ommission A pplicaon No. 2024-005 for issuance of a
C ondional U se Permit for a P lace of Religious A ssembly and C hild C ar e C enter (L icensed D ay care Facility -
13 and G reater Persons in associaon w ith a P lace of Religious A ssembly ) for 5139 Brookly n Boulevard,
based upon the findings of fact and submi2ed applicaon, and as amended by the condions of approval
in the resoluon.
B ackground:
Brookdale Covenant Church and Bright F uture Child C are C enter (together, “the A pplicant”) are
reques-ng approval of a condi-onal use permit (C U P) for a place of religious assembly that has been located at
5139 B rooklyn B oulevard (“the Subject Property ”) since 1955, and a proposed child care center. B oth requests
are considered condi-onal uses within the R 1 (L ow D ensity Residen-al) D istrict where the Subject Property
is located.
I n reviewing City records and 1951 and 1957 zoning provis ions on file for the then V illage of
Brooklyn C enter, it appears “churches” were at one -me considered a permi3ed use within the R 1 District.
Today, “Places of Religious Assembly ” are considered condi-onal uses within the R 1 D istrict. Although
the approximately 29,429-square foot B rookdale C ovenant C hurch may con-nue to operate as a legal
nonconforming use, it was suggested by the C ity A3orney that the church could apply for approval of
a condi-onal use permit to set a baseline for use on the Subject Property and in conjunc-on with a request by
D enise Fadina to operate within B rookdale C ovenant C hurch as B right Future C hild C are C enter, which also
requires a condi-onal use permit.
A public hearing no-ce for the condi-onal us e permit request was publis hed in the Brooklyn Center
S un Post on April 25, 2024. N o-fica-ons were mailed to those physical addresses and property owners located
within a 350-foot radius of the Subject Property, and a copy of the public hearing no-ce was published to the C ity
of B rooklyn C enter website. A link to the public hearing no-ce was also published on the C ity ’s website and sent
out by email to subscribers of the C ity ’s weekly events bulle-n.
D enis e Fadina of Bright F uture C hild Care Center originally reached out to City s taff in November
2023 regarding her plans to enter into an agreement with B rookdale C ovenant C hurch to operate her child
care facility out of two nursery rooms located within the church. For context, B rookdale C ovenant
C hurch originally received approval in 1978 to operate a nursery school in the mornings, three days per week;
however, the nursery school no longer operates within this space.
Through conversa-ons with the A pplicant, as well as other individuals and bus inesses s eeking space for
daycares in the same -meframe, C ity staff realized the provisions under the C ity ’s new U nified D evelopment
O rdinance (U D O ) no longer accounted for larger day cares (13 or more persons).
City s taff w orked w ith the C ity A3orney to process an amendment to the U D O that would allow for the
addi-on of a new use category for licensed daycare facili-es (13 or more persons) in the C ity ’s mul--family
residen-al and mixed-use districts, as well as provisions for licensed day cares (13 or more persons) in associa-on
with places of religious assembly and public and private elementary and secondary schools.
A lthough C ity staff began the amendment proces s in January 2024, the new language for daycares was not
adopted by C ity C ouncil un-l March 2024, and the ordinance language did not go into effect un-l late April 2024.
As adopted, daycares with 13 or more persons are considered a “condi-onal use” in the R 1 D istrict when in
associa-on with places of religious assembly, hence the applica-on request.
City S taff met w ith both A pplicants in a pre-applica-on mee-ng to address any an-cipated changes to the
church floor plan and to address any concerns with mee-ng building, fire, and zoning code provisions in early
March 2024. C ity Staff asked the applicant to iden-fy exit plans, kitchen/meal prep loca-ons, play areas, pick up
and drop off areas, and any agreements with surrounding proper-es (e.g. N ew Millennium Academy). T he
Applicants worked together to prepare the space for the proposed child care center in two of the nursery rooms
located on the main level. B rookdale C ovenant C hurch also sent a detailed schedule of services and -mes and the
number of people in a3endance on its busiest days.
Brookdale Covenant Church w as originally founded in the C amden neighborhood of Minneapolis in
1899 and moved to its exis-ng loca-on at the Subject Property in 1955. T heir membership stands at 143, but the
narra-ve provided notes 300 members as calling “B C C ” their church home. C urrently, B rookdale C ovenant
C hurch’s main office is typically open from 10 a.m. to 5 p.m. and shares its building with two other church
congrega-ons for Sunday service.
As the church currently operates, rooms are u-lized for adult small groups on Monday aLernoons, and Tuesday,
Wednesday, and Friday nights. A mom’s support group and adult 60+ group meet monthly for socializing and
service projects. Wednesday nights provide programming for neighborhood kids ages 3 through 12th grade, and
various other events are held periodically throughout the year, including: weddings, funerals, baby showers,
birthday and anniversary celebra-ons, recitals, and concerts. B rookdale C ovenant C hurch also hosts coat drives,
food shelves, has on-site community gardens, etc. W ith respect to the intensity of use, most traffic generated by
the church occurs on Sundays for the church services, followed by smaller weeknight ac-vi-es.
B right Future C hild C are C enter seeks to expand their exis-ng B rooklyn C enter based in-home child care into a
por-on of B rookdale C ovenant C hurch. As proposed, the Applicant would be seeking licensure for a maximum
capacity of 27 children. With respect to the proposed opera-ons for the child care center, typical drop offs would
take place at 7:30 a.m., with pick up occurring around 5 p.m., Monday through Friday. T he child care center has
indicated a desire to minimize impacts to the surrounding area and uses, including the church and neighboring
N ew Millennium Academy. As proposed, the childcare center would u-lize two former nursery rooms located on
the main floor and a nearby bathroom. A kitchen located in the lower level would be u-lized to prepare meals
during the day.
The S ubject P roperty currently has three curb cuts on its property. A curb cut located off the northwes t
corner of the Subject Property and L ilac D rive N orth provides access to the main entrance, as well as limited
parking lot with a loop road for pick-ups and drop-offs. T his entrance is located closest to where the proposed
childcare would operate from, and the Applicant notes that this area would be u-lized for primary pick-up and
drop-offs. I t is noted that the northwest eleva-on facing L ilac D rive N orth would serve as the primary access. I f
parents need to go inside, the main parking lot and entrance would be used. C urrently, there are approximately
126 on-site parking spaces.
Full access is provided off B rooklyn B oulevard for both the Subject Property and N ew Millennium Academy,
which is a Kindergarten through 8th grade charter school. I n reviewing Planning C ommission Applica-on N o.
2015-004 for approval of N ew Millennium Academy, it was noted that that N ew Millennium Academy and
B rookdale C ovenant C hurch officials had a mutual agreement to share parking areas between the proper-es for
special school or church events, or Sunday services, as needed. School bus traffic for the adjacent N ew
Millennium Academy is typically generated between 8:30-9 a.m. and 4-4:30 p.m. Monday through Friday. T here is
one curb cut that services the Subject Property and a separate, wider curb cut for N ew Millennium Academy to
accommodate the buses and increased traffic needs on their site during this -me.
A public hearing w as held at the May 9, 2024 P lanning C ommis s ion mee-ng, and those Commissioners in
a3endance w ere generally suppor-ve of the outlined reques ts . T he C ommissioners addressed the Applicant
regarding design of the exterior exit points for the child care center and how it impacts the church façade and
opera-ons. T he Applicant indicated they have been working with C ity staff, including the C ity B uilding O fficial, and
the State Fire Marshal on licensure and exi-ng requirements to address any necessary updates. At this -me, it is
likely a direct exit door will be required from one of the rooms with a landing and -e in to the exis-ng private
sidewalk. Addi-onal ques-ons were also raised as to secured access and separa-on.
City s taff review ed the proximity of the S ubject P roperty to H appy H ollow Park. A lthough it appears
minimum distancing requirements are met for an outdoor ac-vity area and the A pplicant indicated they
ow n a 15-pas s enger van for transporta-on for field trips and inclement weather, but s tated the des ire to
build a fenced in outdoor ac-vity area s ome-me in the future. The A pplicant noted, at this -me, that
acces s ibility and egres s needs to be addres s ed firs t before other improvements can be envisioned.
The C ommis s ioners inquired on acces s and how the exis-ng church and propos ed child care center will
remain complementary to the neighboring New Millennium A cademy, which the Commission indicated can
get quite busy during drop off and pick up. The Commission indicated that the more availability of child care,
the be3er, es pecially given na-onal shortages. A ddi-onal ques-ons w ere noted on any an-cipated grow th
and expansion within the church space, and whether any family of neighboring schools would u-liz e the
child care center.
No public comments w ere provided for in advance of or during the public hearing with excep-on to verbal
s upport provided at the hearing from repres enta-on of Brookdale C ovenant C hurch. Following clos e of the
public hearing, the P lanning C ommis s ion elected to unanimously (4-0) recommend C ity C ouncil approval of
the reques ted issuance of a Condi-onal U s e Permit for the exis-ng Brookdale C ovenant C hurch (P lace of
Religious A s s embly) and Bright F uture C hild Care Center (Licens ed D aycare Facility - 13 and G reater
Pers ons associated with P laces of Religious A s s embly).
A copy of the P lanning C ommis s ion Report for P lanning Commission A pplica-on No. 2024-005, dated May
9, 2024 and City Council resolu-on regarding the aforemen-oned request is included w ith this
memorandum.
B udget I ssues:
None to cons ider at this -me.
I nclusive C ommunity Engagement:
A nracist/Equity Policy Effect:
S trategic Priories and Values:
S trengthen and divers ify busines s development and hous ing
AT TA C H M E N TS :
D escrip-on U pload D ate Type
S taff Report and Exhibits - 5139 Brooklyn Boulevard (C U P )5/21/2024 Backup M aterial
Res olu-on - 5139 Brooklyn Boulevard (C U P )5/21/2024 Resolu-on Le3er
App. No. 2024-005
PC 05/09/2024
Page 1
Planning Commission Report
Meeting Date: May 9, 2024
Application No. 2024-005
Applicant(s) | Property Owner: Bright Future Childcare Center and Brookdale Covenant Church|
Brookdale Covenant Church (BCC)
Location: 5139 Brooklyn Boulevard, Brooklyn Center, MN 55429
Request: Conditional Use Permit
Map 1. Subject Property Location.
Requested Action
Brookdale Covenant Church and Bright Future Child Care Center (together, “the Applicant”) are requesting
approval of a conditional use permit (CUP) for a place of religious assembly that has been located at 5139
Brooklyn Boulevard (“the Subject Property”) since 1955, and a licensed daycare facility. Both requests are
considered conditional uses within the R1 (Low Density Residential) District where the Subject Property is
located—refer to Exhibit A.
In reviewing City records and 1951 and 1957 zoning provisions on file for the then Village of Brooklyn
Center, it appears “churches” were at one time considered a permitted use within the R1 District. Today,
•Application Filed: 04/09/2024
•Review Period (60-day) Deadline: 06/08/2024
•Extension Declared: No
•Extended Review Period Deadline:
App. No. 2024-005
PC 05/09/2024
Page 2
“places of religious assembly” are considered conditional uses within the R1 District. Although the
approximately 29,429-square foot Brookdale Covenant Church may continue to operate as a legal non-
conforming use, it was suggested by the City Attorney that the church could apply for approval of a
conditional use permit to set a baseline for use on the Subject Property and in conjunction with a request
by Denise Fadina to operate Bright Futures Child Care Center, which also requires a conditional use permit,
from the Subject Property.
A public hearing notice for the conditional use permit request was published in the Brooklyn Center Sun
Post on April 25, 2024—refer to Exhibit B. Notifications were mailed to those physical addresses and
property owners located within a 350-foot radius of the Subject Property, and a copy of the public hearing
notice was published to the City of Brooklyn Center website. A link to the public hearing notice was also
published on the City’s website and sent out by email to subscribers of the City’s weekly events bulletin.
Existing Conditions
Image 1. Existing Site Conditions at Subject Property.
Background
Denise Fadina of Bright Future Child Care Center originally reached out to City staff in November 2023
regarding her plans to enter into an agreement with Brookdale Covenant Church to operate her child care
facility out of two nursery rooms located within the church. For context, Brookdale Covenant Church
originally received approval in 1978 to operate a nursery school in the mornings, three days per week.
App. No. 2024-005
PC 05/09/2024
Page 3
It was through these conversations with the Applicant, as well as other individuals and businesses seeking
space for daycares in the same timeframe, that City staff realized the provisions under the City’s new
Unified Development Ordinance (UDO) no longer accounted for larger day cares (13 or more persons).
City staff ultimately worked with the City Attorney to process an amendment to the UDO that would allow
for the addition of a new use category for licensed daycare facilities (13 or more persons) in the City’s
multi-family residential and mixed-use districts, as well as provisions for licensed day cares (13 or more
persons) in association with places of religious assembly and public and private elementary and secondary
schools in the R1 and R2 Districts.
Although City staff began the amendment process in January 2024, the new language for daycares was
not adopted by City Council until March 2024, and the ordinance language did not go into effect until late
April 2024. As adopted, daycares with 13 or more persons are considered a “conditional use” in the R1
District when in association with places of religious assembly, hence the application request.
City Staff met with both Applicants in a pre-application meeting to address any changes to the church
floor plan and address any concerns with meeting building, fire, and zoning code in early March. City Staff
asked the applicant to identify exit plans, kitchen/meal prep locations, play areas, traffic flow, and any
agreements with surrounding properties. The Applicants worked together to prepare the space for the
proposed child care center in two of the existing nursery rooms located on the main level. Brookdale
Covenant Church also sent a detailed schedule of services and times and the number of people in
attendance on its busiest days.
Image 2. Interior layout of Brookdale Covenant Church and Existing Uses with Proposed Bright Futures Child Care.
App. No. 2024-005
PC 05/09/2024
Page 4
Site Data:
2040 Land Use Plan: Low Density Residential (LDR)
Neighborhood: Happy Hollow
Current Zoning: R1 (Low Density Residential)
Site Area: Approximately 2.44 acres
Surrounding Area:
Direction 2040 Land Use Plan Zoning Existing Land Use
North ROW N/A Major Highway (TH 100) and
ROW (Brooklyn Boulevard)
South Commercial Planned Unit
Development/Mixed Use
Institutional
(New Millennium Academy)
East ROW | High Density
Residential (HDR)
R5 - Multifamily ROW (Brooklyn Boulevard) |
Apartments
(Xerxes Apartments) West ROW (TH 100) | High
Density Residential
(HDR)
R5 - Multifamily Major Highway (TH 100) and
Apartments (Lakepointe)
CONDITIONAL USE PERMIT
As previously stated, Bright Future Childcare approached City staff in November 2023 regarding a
partnership with Brookdale Covenant Church to host a childcare center and expand its current operation
from the Applicant’s place of residence. The Applicant notes that the great location off Interstate 694 and
TH 100 would allow for an easy transition for current and future clientele.
Brookdale Covenant Church (Places of Religious Assembly)
Brookdale Covenant Church was originally founded in the Camden neighborhood of Minneapolis in 1899
and moved to its existing location at the Subject Property in 1955. Their membership stands at 143, but
the narrative provided notes 300 members as calling “BCC” their church home.
Currently, Brookdale Covenant Church’s main office is typically open from 10 a.m. to 5 p.m. and shares its
building with two other church congregations for Sunday service. As the church currently operates, rooms
are utilized for adult small groups on Monday afternoons, and Tuesday, Wednesday, and Friday nights. A
mom’s support group and adult 60+ group meet monthly for socializing and service projects. Wednesday
nights provide programming for neighborhood kids ages 3 through 12th grade, and various other events
are held periodically throughout the year, including weddings, funerals, baby showers, birthday and
anniversary celebrations, recitals, and concerts. Brookdale Covenant Church also hosts coat drives, food
shelves, has on-site community gardens, and more.
Although a review of historical zoning provisions appears to confirm that churches were, at the time, a
permitted use in the R1 District when Brookdale Covenant Church moved into the then Village of Brooklyn
Center, “Places of Religious Assembly” today are considered conditional uses in the R1 District where the
Subject Property is located.
With respect to the intensity of use, most traffic generated by the church occurs on Sundays for the church
services, followed by smaller weeknight activities.
App. No. 2024-005
PC 05/09/2024
Page 5
Bright Futures Child Care Center (Licensed Daycare Facility)
Denise Fadina of Bright Futures Child Care Center seeks to expand her existing daycare into a portion of
Brookdale Covenant Church. As proposed, she would be seeking licensure for a maximum capacity of 27
children. With respect to the proposed operations for the child care center, typical drop offs would take
place at 7:30 a.m., with pick up occurring around 5 p.m., Monday through Friday. The child care center
has indicated a desire to minimize impacts to the surrounding area and uses.
As proposed, the child car center would utilize two former nursery rooms located on the main floor and a
nearby bathroom. A kitchen located in the lower level would be utilized to prepare meals during the day.
Site Access and Circulation
The Subject Property currently has three curb cuts on its property. A curb cut located off the northwest
corner provides access to the main entrance, as well as limited parking lot with a loop road for pick-ups
and drop-offs. This entrance is located closest to where the proposed child care would operate from, and
the Applicant notes that this area would be utilized for primary pick-up and drop-offs. It is noted that the
northwest elevation facing Lilac Drive North would serve as the primary access. If parents need to go
inside, the main parking lot would need be used.
Full access is provided off Brooklyn Boulevard for both the Subject Property and New Millennium
Academy, which is a Kindergarten through 8th grade charter school. In reviewing Planning Commission
Application No. 2015-004 for approval of New Millennium Academy, it was noted that that New
Millennium Academy and Brookdale Covenant Church officials had a mutual agreement to share their
parking areas between the properties for special school or church events, or Sunday services, as needed.
School bus traffic for the adjacent New Millennium Academy is typically generated between 8:30-9 a.m.
and 4-4:30 p.m. Monday through Friday. There is one curb cut that services the Church and a separate,
wider curb cut for New Millennium Academy to accommodate the buses and increased traffic needs on
their site during this time.
Image 3. Access Points into Subject Property.
App. No. 2024-005
PC 05/09/2024
Page 6
A map (Image 3 above) was provided, which identifies how families arrive to the Subject Property and
indicated that 21 families at maximum would likely arrive on-site during the busiest traffic times. Families
that need to park will be routed to the easterly portion of the parking lot. Currently, there are
approximately 126 parking spaces on site, and the applicant suggests the families will most likely use the
northwest corner of the property for direct entry to the proposed childcare center. Although the
northwest entrance is the most convenient, parents/guardians can utilize the main parking lot for pick-up
and drop-off, if necessary.
Conditional use permits, as outlined under Section 35-7700, are those uses which have been identified,
because of their nature, operation, location, special requirements or characteristics, and that may only be
allowed in a particular zoning district after submittal of an application, review, and recommendation by
the Planning Commission, and approval by the City Council.
The conditional use permit process regulates: the location, magnitude, and design of conditional uses
consistent with the 2040 Comprehensive Plan, and the regulations, purposes, and procedures of this
Unified Development Ordinance (UDO).
A conditional use permit may not be granted by the City Council unless the following criteria have been
satisfied (Note: Applicant responses are transcribed from the submitted narrative—Exhibit A):
a. The conditional use will be in accordance with the general objectives, or with any specific
objective, of the City’s Comprehensive Plan and this UDO.
Applicant Response: Brooklyn Center’s 2040 plan describes the desire to “revitalize and
reinvigorate” neighborhoods through proper land use and redevelopment as stated:
“Enhance and maintain existing neighborhoods through proper land use designations and clear
supportive zoning that makes reinvestment and rehabilitation easy for residents.
Recognize that many areas in the community are aging and may require reinvestment,
redevelopment, or reimagining and that all scales and sizes of opportunity have merit to further
support the community’s future.”
City Staff Response (Finding): The Subject Property is located in the R1 (Low Density Residential)
District, where both places of religious assembly and licensed daycare facilities are permitted via
approval of a conditional use permit. As proposed, the childcare center would provide a service
that would provide a service that benefits both the community and allows the Church to provide
a vital service to its community.
City Staff recognizes the younger demographic of the area, with an estimated 9% of the City’s
population ages 5 and under, which an additional 9.1% between the ages of 5 and 9 years old
(American Community Survey, 2022). As the child care center would provide childcare to children
12 years of age and younger, this would seemingly target a large portion of Brooklyn Center’s
population and childcare service needs.
Additionally, City Staff acknowledges the flexibilities needed to address shrinking congregations
and adaptive reuse and collaboration in these spaces. The Subject Property is adjacent to a major
thoroughfare and a Bus Rapid Transit stop.
App. No. 2024-005
PC 05/09/2024
Page 7
b. The establishment, maintenance, or operation of the conditional use will promote and enhance
the general public welfare and will not be detrimental to or endanger the public health, safety,
morals or comfort.
Applicant Response: I believe through the intended use of this child care program located
adjacent to the area described as the city’s center, it will aide the employees hired by the
businesses that will come through that redevelopment, as well as provide a high-quality service
to support those that not only work but also live in Brooklyn Center. Further Bright Future Child
Care Center will be located very close to two different elementary schools, which would allow
their families to be able to have a simple morning and afternoon commute due to the proximity
when dropping off and picking up.
City Staff Response (Finding): In consideration of the existing operations of Brookdale Covenant
Church, its schedules for church services and activities, and its length of history at this location,
City staff has minimal concerns regarding the continuing operations for the church building and
grounds.
With respect to the proposed child care center, City staff initially expressed concerns regarding
the distance to an outdoor play area, as the preceding zoning code had always required outdoor
playground areas. In discussing with the State and licensing requirements, it was determined that
Happy Hollows Park would meet the distancing requirements as outlined for licensure.
Given the majority of activity does not occur at the church until the evening and weekend hours,
the presence of the child care center would bring additional activity to the space. As the center
would be limited to no more than 27 children, its impacts on the neighboring uses, including New
Millennium Academy, should be minimal, and particularly if children are picked up and dropped
off via the northwest entrance points off Lilac Drive.
c. The conditional use will not be injurious to the use and enjoyment of other property in the
immediate vicinity for the purposes already permitted, nor substantially diminish and impair
property values within the neighborhood.
Applicant Response: The operations of Bright Future Child Care Center will take place during
regular business hours. The use of public parks or sidewalks for example, will occur and be used
in such a manner as to teach children social responsibility while using community spaces. The use
of community property within the vicinity of Brookdale Covenant Church will not be injurious nor
substantially diminish or impair property values of the neighborhood.
City Staff Response (Finding): With respect to the existing Brookdale Covenant Church (Places of
Religious Assembly), there are no proposed plans to alter the existing operations of the church
and its grounds. Rather, Brookdale Covenant Church wishes to obtain a conditional use permit to
establish a “baseline” for its operations and make it more conforming than it currently is. It is
understood that Brookdale Covenant Church has some shared usage and understanding with
neighboring New Millennium Academy.
With respect to the proposed child care center, the proposed hours of operation during the
daytime hours would help maximize the use of the Subject Property during off-peak hours. The
intensity of the child care use and intended capacity of no more than 27 children should result in
App. No. 2024-005
PC 05/09/2024
Page 8
the use not being injurious to the use and enjoyment of other property in the immediate vicinity
for the purposes already permitted, nor substantially diminish and impair property values within
the neighborhood.
d.The establishment of the conditional use will not impede the normal and orderly development
and improvement of surrounding property for uses permitted in the district.
Applicant Response: Bright Future Child Care Center wishes to make no changes to the property
at this time instead to simply use the classroom spaces already available for day to day operations.
Therefore, will not impede on the normal and orderly development and improvement of
surrounding property for permitted uses.
City Staff Response (Finding): At this time, neither Brookdale Covenant Church nor Bright Futures
Childcare Center proposes any changes that would impede upon the normal and orderly
development and improvement of surrounding property for uses permitted in the district. New
Millennium Academy is situated on what was formerly Malmborg’s Nursery. As New Millennium
Academy averages around 800 students currently and is the only property directly adjacent to the
Subject Property, City staff considers this to be the more intense use. If anything, the right-of-way
modifications made as part of the Phase I Brooklyn Boulevard project and resulting extension of
Lilac Drive to the west and north of the site and impacts to the parking lot, have resulted in greater
constraints to the Subject Property.
In discussions with the State Fire Marshal and City Building Official, it appears an exterior door
will need to be installed with stair/ramp to existing sidewalk, but this would be the only exterior
modification to the Subject Property to allow for the use.
e.Adequate measures have been or will be taken to provide ingress, egress, and parking so designed
as to minimize traffic congestion in the public streets.
Applicant Response: Bright Future Childcare is committed to ensuring that our operations do not
have a negative impact on the surrounding areas. To minimize congestion, a curved driveway that
continues in a loop to allow traffic to flow in one direction is provided to families for pick-up and
drop-off. If families need to park and enter the building, they will be directed to utilize the parking
lot on the east side of Brookdale Covenant Church.
City Staff Response (Finding): The Applicants and Property Owner have been in discussion with
City staff regarding the mitigation of any potential traffic congestion during pick-up and drop-off
times. The Applicant of the child care center proposes pick up and drop off times that have been
strategically made to avoid the typical pick up and drop off times for students at the neighboring
New Millennium Academy, located at 5105 Brooklyn Boulevard. As the Subject Property is served
my multiple ingress/egress points, City staff has minimal concerns for any congestion or queuing
of vehicles in the public streets so long as the operator of the child care center is clear with
designated pick up and drop off points and the moving of vehicles through the pick-up and drop-
off line.
Assuming the northwest drop off area were the designated pick up and drop off area, it appears
there is approximately 200 feet of drive lane before the right-of-way (Lilac Drive) is reached. City
staff approximated this length to ensure a sufficient bypass area/drive aisle width is provided. If
App. No. 2024-005
PC 05/09/2024
Page 9
one were to assume a typical 18-foot length for a standard parking space, one would be able to
fit upwards of 11 vehicles before potential backing out onto Lilac Drive.
If a conditional use permit were approved by the City and the designated pick up and drop off
area was found to be inadequate, the Subject Property has a secondary access point off Lilac Drive
that enters into the main parking lot and provide an alternative access into the church building.
f. Impacts such as noise, hours of activity, and exterior lighting have been sufficiently addressed to
mitigate negative impacts on nearby uses.
Applicant Response: We have implemented measures such as scheduled outside play time to
minimize noise disturbances, prioritizing a peaceful environment for the community. Our main
entrance, which will be the primary pick-up and drop-off entrance for all families, will be on the
northwest side of Brookdale Covenant Church along Lilac Dr N.
City Staff Response (Finding): Bright Future Child Care Center has addressed its desire to use
Happy Hollow Park for its designated outdoor activity area. Given the hours of operation, it is
unlikely insufficient lighting will be of concern, even in the winter months. The Applicant and
Property Owner should determine whether the provision of additional exterior lighting is
warranted given it appears the northwest end of the property and main entrance contain no
exterior site lighting. If lighting is required, all lighting shall conform to the City’s exterior lighting
standards under Section 35-5400.
City staff has no immediate concerns regarding excessive levels of noise or hours of activity, as
they are limited to daytime hours.
g. The conditional use shall, in all other respects, conform to the applicable regulations of the district
in which it is located.
Applicant Response: We will uphold the utmost respect to the members of the neighborhood
and conform to all applicable regulations of the R1 district where located.
City Staff Response (Finding): City staff would appreciate any opportunities for the Applicant(s)
to meet current neighbors and submit any formal documentation that exists to avoid future
miscommunication for access through Happy Hollow Park, traffic congestion issues for event
parking, or landscaping (mowing of grass, clearing of snow) for easier access to the park during
inclement weather.
The Applicant’s required licensure will govern administration of the child care center and all
regulations necessary for operation. Rather, “conditional uses” are generally a permitted use with
the caveat of being subject to additional requirements, as necessary. As such, City staff’s review
accounts for potential impacts given a use’s location, magnitude, and overall design, and its
complementariness with the 2040 Comprehensive Plan and ability to meet the requirements of
the City’s Unified Development Ordinance.
Building Official Review
The Building Official has been working with the Fire Marshall to bring the child care center up to
proper code. Bright Future has been notified an exterior door is needed off Nursey Room #2. The
App. No. 2024-005
PC 05/09/2024
Page 10
Applicant and Property Owner have engaged with the State Fire Marshal as part of the
Department of Human Services (DHS) child care inspections process and with the City Building
Official—refer to Exhibit C.
ANTICIPATED PERMITTING AND CONDITIONS
Following a review of the submittal materials and the request, City staff recommends the following
conditions be attached to any positive recommendation on the approval of Planning Commission
Application No. 2024-005 for the Subject Property located at 5139 Brooklyn Boulevard and approval of a
conditional use permit to operate a place of religious assembly and child care center (licensed day care
facility) within the R1 (Low-Density Residential) District:
1.The Applicant and Property Owner shall adhere to the provisions as outlined under Section 35-
7700 (Conditional Use Permit), and shall coordinate with City staff to file a copy of the City Council
resolution approving the requested conditional use permit, along with a legal description of the
Subject Property for which the permit was issued, and list of any conditions set forth by City
Council as a condition of said conditional use permit. A certified copy shall be recorded by the
Applicant with the Hennepin County Recorder-Registrar of Titles within 60 days of approval of
said resolution.
a.The day care facility shall maintain a valid license and a copy of said license and application
shall be submitted to the City annually. Failure to maintain a license shall be subject to the
conditions as outlined under Section 35-7700.
2.The Applicant shall ensure designated drive aisles are not blocked during pick up and drop off
times, and that no queuing occurs in the public right-of-way. Should any issues arise, City staff
may request a review of on-site operations.
RECOMMENDATION
Based on the above-noted findings, Planning Staff recommends the Planning Commission recommends
City Council approval of Planning Commission Application No. 2024-005 for approval of a conditional use
permit (CUP) for a Place of Religious Assembly and Licensed Childcare Center, and located at 5139 Brooklyn
Boulevard, subject to the Applicant complying with the Approval Conditions.
ATTACHMENTS
Exhibit A – Planning Commission Application No. 2024-005 Plans and Documents, submitted April 9, 2024.
Exhibit B – Public Hearing Notice, submitted for publication in the Brooklyn Center Sun Post, and dated
April 25, 2024.
Exhibit C – Review Memorandums prepared by Building Official Dan Grinsteinner, and dated April 9, 2024.
WOMEN’S
RESTROOM
Exhibit A
Denise Fadina, Director
Bright Future Child Care Center
5139 Brooklyn Blvd
Brooklyn Center, MN 55429
March 11, 2024
Re: Brooklyn Center Conditional Use Permit Application
To: City of Brooklyn Center Zoning Administrator
The project before you is the request to open a child care center in Brookdale Covenant Church
with a capacity of 27 children. The process for this project requires licenses and permits from the
following entities: DHS Child Care Licensing, Hennepin County Public Health, Brooklyn Center
City Planning and Zoning, and MN State Fire Marshal. Once all of these requirements have been
met, Bright Future Child Care Center can open and begin serving families in Brooklyn Center and
surrounding areas.
I, Denise Fadina, the applicant, currently operate an award-winning family child care program in
Brooklyn Center, which opened in 2019. At this time, due to the success of the program, I am in
need of an expansion. Brookdale Covenant Church is a great location due to the proximity to
my current program which allows for an easy transition for the families I now serve. It is also an
ideal location due to the visibility and ease of access from the freeways for those commuting to
and from work using 694 or Hwy 100.
Currently there are child care deserts all over Minnesota, these are areas where child care is
highly needed but not accessible. The following table shows the areas I intended to serve and
fill this need with a high quality child care program:
Zip Code
Percent of
households with
children
Population of
children ages
1yr – 6yrs
Current # of
children that can be
served in child care
Remaining # of
children in need of
child care
55429 36% 2787 796 1991
55430 37% 2156 693 1463
55422 27% 2106 1007 1099
55412 36% 2274 968 1306
This information was retrieved from childcaredeserts.org; unitedstateszipcode.org; and DHS
Licensing Lookup.
The intended use of Brookdale Covenant Church is to provide high quality child care for
residents of Brooklyn Center, as well as nearby families in need of child care. We will serve ages
0-12 with a specific focus on early childhood development.
Bright Future Child Care Center will be made available in support of the general public, to
enhance the community’s public health, safety, morals and comfort. This business will operate
with local residents in mind, to fill a need for child care, and provide a safe and nurturing space
to thrive for the children of Brooklyn Center and surrounding areas.
Brooklyn Center’s 2040 plan describes the desire to “revitalize and reinvigorate” neighborhoods
through proper land use and redevelopment as stated:
Enhance and maintain existing neighborhoods through proper land use designations and
clear supportive zoning that makes reinvestment and rehabilitation easy for residents.
Recognize that many areas in the community are aging and may require reinvestment,
redevelopment, or reimagining and that all scales and sizes of opportunity have merit to
further support the community’s future.
I believe through the intended use of this child care program located adjacent to the area
described as the city’s center, it will aide the employees hired by the businesses that will come
through that redevelopment, as well as provide a high quality service to support those that not
only work but also live in Brooklyn Center.
Further Bright Future Child Care Center will be located very close to two different elementary
schools, which would allow their families to be able to have a simple morning and afternoon
commute due to the proximity when dropping off and picking up.
The operations of Bright Future Child Care Center will take place during regular business hours.
The use of public parks or sidewalks for example, will occur and be used in such a manner as to
teach children social responsibility while using community spaces. The use of community
property within the vicinity of Brookdale Covenant Church will not be injurious nor substantially
diminish or impair property values of the neighborhood.
Bright Future Child Care Center wishes to make no changes to the property at this time instead
to simply use the classroom spaces already available for day to day operations. Therefore will
not impede on the normal and orderly development and improvement of surrounding property
for permitted uses.
Adequate measures have been implemented to facilitate ingress and egress parking at Bright
Future Child Care Center. Our main entrance, which will be the primary pick-up and drop-off
entrance for all families, will be on the northwest side of Brookdale Covenant Church along Lilac
Dr N. To minimize congestion, a curved driveway that continues in a loop to allow traffic to flow
in one direction is provided to families for pick-up and drop-off. If families need to park and
enter the building, they will be directed to utilize the parking lot on the east side of Brookdale
Covenant Church.
Our designated entrance has been chosen to bypass and not interfere with New Millennium
Academy’s school bus traffic. Their bus traffic is typically from 8:30-9am as well as
approximately 4-4:30pm. Further, my experience in the last 5 years has shown that our expected
number of families, or vehicles dropping off in a day is consistently equal to about 75% of our
enrollment. If we are requesting to get licensed for 27 children, then that is approximately 21
families, or vehicles added to the morning and afternoon traffic.
Attached to this application is a map showing the various ways families can travel to get to Lilac
Dr N and arrive at our main entrance, the northwest side of Brookdale Covenant Church. All
routes shown in the various colors lead to Lilac Dr N.
Bright Future Childcare is committed to ensuring that our operations do not have a negative
impact on the surrounding areas. Our hours of operation are 7:30am – 5pm; Monday through
Friday except holidays. We have implemented measures such as scheduled outside play time to
minimize noise disturbances, prioritizing a peaceful environment for the community. We will
uphold the utmost respect to the members of the neighborhood and conform to all applicable
regulations of the R1 district where located.
Brookdale Covenant Church
5139 Brooklyn Boulevard, Brooklyn Center, Minnesota 55429
Mission Statement: Guided by the Bible to be a Holy Spirit-led congregation that invites our
neighbors to experience Christ’s love and transformation through relationships and spiritual
development
Vision Statement: An expanding family of believers with a relevant presence in the community
living out our love for Jesus and neighbors
Brookdale Covenant Church (BCC) celebrates its 125th anniversary this year, beginning in the
Camden neighborhood in 1899 and moving to Brooklyn Center in its current location in 1955.
Our membership stands at 143, but about 300 would consider BCC their church home.
We share our building with two other churches – all with worship times on Sunday. Beginning
with the Brookdale Church service at 9:30 and continuing well into Sunday afternoon, the whole
building is in use with back-to-back worship services in the sanctuary, religious education
classes in various classrooms, and coffee & refreshments in the fellowship hall.
During the week, the church office is open from approximately 10 am – 5 pm. Adult small
groups use space for Bible Studies on Monday afternoons and Tuesday, Wednesday and
Friday nights. A mom’s support group meets once a month. A 60+ group also meets monthly for
socializing and service projects. On Wednesday night we offer a program for neighborhood kids
age 3 through 12th grade that includes a meal, crafts, games and Bible lessons. Various other
events are held in the church building throughout the year – weddings, funerals and memorial
services, baby showers, birthday and anniversary celebrations, recitals and concerts.
Brookdale Church reaches out to the Brooklyn Center community in various ways:
•a yearly coat drive for New Millennium Academy
•providing a collection bin and closet space for Project 6:8, a ministry that focuses on helping
homeless friends in the Minneapolis area
•a small food shelf for anyone in need
•participating in the Panera Bread Dough-nation program – to pick up their day-old bread at
the end of the day – much of this bread being made available on our food shelf and served
at the Wednesday night meal
•a community garden on the church grounds – church family and neighbors are invited to
participate in growing produce which is distributed to families who need it
•a Harvest Festival every October when many neighbor families come to enjoy a free meal,
trick-or-treat, games and a costume parade.
We are thankful to be an established entity in Brooklyn Center (even before the City of Brooklyn
Center was incorporated) and hope to continue being a relevant and essential part of our
community into the future.
Exhibit B
City of Brooklyn Center | 6301 Shingle Creek Pkwy | Brooklyn Center, MN 55430-2199 | (763) 569-3300 |
www.cityofbrooklyncenter.org
Community Development
763-569-3300
April 9, 2024
5139 Brooklyn Blvd
Bright Future Child Care Center
This building review comment letter addresses the requirements and items for the newly proposed use
of a Daycare to be located in an Existing building located at 5139 Brooklyn Blvd.
The space intended to used inside the existing Church located at this address, has a total of 27 children
with various ages from 16 months to 12 years of age as indicated by the Minnesota Department of
Human services Interagency request form provided to the building department for inspection.
1.Zoning – All requirements and process for approval of use by zoning and City Council shall be
obtained.
2.Signed building plans from an architect registered in the State of Minnesota shall be provided
along with the building permit application. A full main floor plan submitted, shall have a code
analysis and floor layout. Plans shall indicate the area to be used, doors installed and walkway
construction to complete a plan review for the new space intended to be used.
3.Prior to a building permit being issued. A SAC determination for the new use located inside the
existing building shall be completed by MET Council and a SAC determination letter received.
4.Completion of items listed on the State Fire Inspectors review letter shall be completed. State
Fire Inspector will need to inspect for compliance before sign offs can be completed on the
Interagency request form from the Health Department.
5.All building permits shall have passed their final inspections before a sign off on the Interagency
request form is completed by the Building Official.
6.All Requirements for license approval by DHS shall be completed.
Exhibit C
City of Brooklyn Center | 6301 Shingle Creek Pkwy | Brooklyn Center, MN 55430-2199 | (763) 569-3300 |
www.cityofbrooklyncenter.org
Floor Plan Information:
1) Proposed daycare: (7) children 16 months to 33 months, (10) 33 months – kindergarten, (10)
kindergarten – 12 years = I-4 Occupancy
2) Requirements for “E” Occupancy
• Facility provided care for more than 5 but not more than 100 children 2-1/2 months years or
less of age. (Yes - complies)
• The rooms in which the children are cared for are located on the level of exit discharge
serving such rooms. (Yes – complies)
• Each room providing day care has an exit door directly to the exterior. (No – a door shall be
provided to the exterior and walkway to sidewalk- see exit requirements below)
Exit requirements “E”
1. MNBC 1007.1.1 -- Where (2) two exits are required from any portion of the space, they shall be
placed a distance apart equal to not less than one-half of the length of the maximum overall
diagonal dimension of the space served measured in a straight line between them. (Measure
overall diagonal of space on plans) (Exit doors shall be half the overall diagonal distance apart)
2. Definition of room: A space or area bounded by any obstruction over 6 feet in height which at
any time encloses more than 80 percent of the perimeter of the area. Unobstructed perimeter,
openings less than 3 feet in clear width and less than 6’-8” inches (doors) shall not be
considered. (Removal of doors indicated on plan would make Nursery 1 & 2 as one room,
instead of 2 rooms) (example 24’ wall minus 5’-6 for doors = 18’-6” of wall, 18.5/24= 77%)
3. MNBC 1010.1.9.1 -- Door hardware pulls, lever handles and locks/latches shall not require tight
grasping, tight pinching or twisting of the wrist to operate. ( Lever hardware is allowed, panic
hardware is not required as occupant load is less than 50)
4. MNBC 1013.1 -- Exits and exit access doors shall be marked by an approved exit sign readily
visible from any direction of egress travel. (Exit signs shall be placed above exit doors)
5. MNBC 1028.5 -- The exit discharge shall provide a direct and unobstructed access to a public
way. (A walkway shall be constructed from the exit door to the sidewalk. The width shall not
be less than 36” inches)
Sprinkler requirements “E”
1. Brooklyn Center adopted 1306 subp 2- Fire sprinklers with 2,000 or more gross square feet of
floor area or with two or more stories in height. (Not required- area is approx.. 1120 sq. ft.)
2. MNBC 903.2.3 – sprinkler system if all group “E” fire areas: (Not required – all met)
a. greater than 12,000 sq ft in area (1120 sq ft)
b. Located on a floor other than a level of exit discharge (E on main floor)
c. Group “E” fire area has an occupant load of 300 or more (Occupant load 32 – License
for 27)
Fire Alarm requirements “E”
1. MNBC 907.2.3 -- A fire alarm system shall be installed in Group “E” occupancies having an
occupant load of 50 or more. (Not required – 32 occupants – License for 27)
City of Brooklyn Center | 6301 Shingle Creek Pkwy | Brooklyn Center, MN 55430-2199 | (763) 569-3300 |
www.cityofbrooklyncenter.org
Sincerely,
Dan Grinsteinner
Building Official
City of Brooklyn Center
763-569-3313
City of Brooklyn Center | 6301 Shingle Creek Pkwy | Brooklyn Center, MN 55430-2199 | (763) 569-3300 |
www.cityofbrooklyncente r.org
COMMUNITY DEVELOPMENT – PLAN REVIEW
Plan analysis based on
2018 IBC/2020 MN State Building Code, ANSI A117.1-2009, MN Chap 1323 Energy, MN State Fire Code
Permit Number: BU24-XXXX Date: 3/29/2024
Project Name: Bright Future Child Care Contractor:
Address: 5139 Brooklyn Blvd Phone:
Valuation: $ Architect:
Occupancy: A3 Bldg with I-4 accessory
uses
Engineer:
Construction: IIB? Occupant Load: (27) 7- 16 mo to 33 mo
10-33 mo to Kinder
10 Kinder to 12 yrs
Area Square Ft: Sprinklers NO
SAC Charges: ? Report by: Dan Grinsteinner
Nursery room (Existing space I-4, 10 occupants max 75’ egress travel distance)
Proposing Option 1 or Option 2
MNBC 308.5.1.3 A child day care facility shall be classified as Group E where all of the following
conditions apply
•Facility provided care for more than 5 but not more than 100 children 2-1/2 years or less of age.
•Rooms in which the children are cared for are located on the level of exit discharge serving such
rooms.
•Each room providing day care has an exit door directly to the exterior.
Group E
City of Brooklyn Center | 6301 Shingle Creek Pkwy | Brooklyn Center, MN 55430-2199 | (763) 569-3300 |
www.cityofbrooklyncente r.org
Fire Sprinkler
1)Existing Bldg Code - "Change of Occupancy" 1004.1 Fire protection requirements of section 1011
shall apply where a building or portions thereof undergo change of occupancy classification or
where there is a change of occupancy within a space where there is a different fire protection
system threshold requirement in Chapter 9 of the Minnesota Bldg Code.
•EBC 1011.2 Fire protection systems shall be provided in accordance with Sections 1011.2.1 &
1011.2.2.
1011.2.1; Where a change in occupancy classification occurs that requires an automatic fire
sprinkler system to be provided based on the new occupancy in accordance with MN Rules Chapter
1305 (MN Bldg Code), such system shall be provided throughout the area where the change of
occupancy occurs.
•MNBC 903.2.3 An auto sprinkler system shall be provided for Group E as follows:
o All group E fire areas greater than 12,000 square ft in area.
o Group E fire area is located on a floor other than a level of exit discharge serving such
occupancies.
o The Group E fire area has an occupant load of 300 or more
•MNBC 903.2.6 Ex #2 An auto sprinkler system is not required where group I-4 daycare facilities
are at the level of exit discharge and where every room where care is provided has not fewer
than one exterior exit door.
Exits
2)Existing Bldg Code – Means of egress – 1005.1 Means of egress in portions of building undergoing
a change of occupancy classification shall comply with section 1011.
•Where a change of occupancy classification is made to an equal or lesser hazard category as
shown in table 1011.4, existing elements of the means of egress shall comply with Section 905
for the new occupancy. Newly constructed or configured means of egress shall comply with
Chapter 10 or the MN Building Code.
If you have any questions please do not hesitate to call me at 763-569-3313.
Sincerely,
Dan Grinsteinner
Building Official
City of Brooklyn Center
Member introduced the following resolution and
moved its adoption:
RESOLUTION NO.
RESOLUTION APPROVING PLANNING COMMISSION APPLICATION NO.
2024-005 FOR ISSUANCE OF A CONDITIONAL USE PERMIT FOR AN
EXISTING PLACE OF RELIGIOUS ASSEMBLY AND NEW CHILD CARE
CENTER (5139 BROOKLYN BOULEVARD)
WHEREAS, Planning Commission Application No. 2024-005, submitted by
Brookdale Covenant Church and Bright Future Child Care Center (together, “the Applicant”) are
requesting review and consideration for approval of a conditional use permit at 5139 Brooklyn
Boulevard (“the Subject Property”), as legally described in Exhibit A and attached hereto, for
Brookdale Covenant Church, which has continuously operated at the Subject Property since 1955,
and Bright Future Child Care Center; and
WHEREAS, Applicant Denise Fadina of Bright Future Child Care Center initially
approached City staff with a desire to locate their child care center within existing Brookdale
Covenant Church; however, City staff realized that the provisions outlined within the City’s new
Unified Development Ordinance no longer accounted for larger day cares (13 or more persons); and
WHEREAS, an ordinance amendment was requested and subsequently adopted by
the City Council in March 2024 to allow for “licensed day care facilities (13 and greater persons)
associated with Places of Assembly or Public and Private Elementary and Secondary Schools
Offering a Regular Course of Study” as a conditional use in certain zoning districts within the City,
and the language became effective in April 2024; and
WHEREAS, a review of City records determined that while churches were once
considered permitted uses within the City’s R1 District, and during which time Brookdale Covenant
Church located from the Camden neighborhood of North Minneapolis to Brooklyn Center, “Places
of Religious Assembly” are now considered a conditional use within the City’s R1 District, and the
church desires to address this nonconformity; and
WHEREAS, the Subject Property is situated in the City’s R1 (Low Density
Residential) District, and following a review of Section 35-4103 (Allowed Use Table), the identified
uses require issuance of a conditional use permit in the aforementioned district; and
WHEREAS, a public hearing notice was published in the Brooklyn Center Sun Post
on April 25, 2024, mail notifications were sent to adjacent property owners and physical properties,
and notice was provided for on the City’s website and email bulletins; and
WHEREAS, the Planning Commission of the City of Brooklyn Center, Minnesota
held a duly noticed and called public hearing on May 9, 2024, whereby a planning staff report was
presented and public testimony regarding the conditional use permit were received; and
RESOLUTION NO.
WHEREAS, the Planning Commission of the City of Brooklyn Center, Minnesota
considered the conditional use permit request in light of all testimony received, the guidelines and
standards for evaluating the conditional use permit contained in Section 35-7700 (Conditional Use
Permit), the City’s 2040 Comprehensive Plan, as well as information provided by the Applicant with
respect to existing church and proposed child care center operations and any potential impacts, and
the request generally satisfies the criteria as outlined within the above Sections; and
WHEREAS, the City Council finds as follows regarding Planning Commission
Application No. 2024-005, submitted by Applicants Brookdale Covenant Church and Bright Future
Child Care Center:
a) The existing church has been at its present location on the Subject Property for
nearly 70 years in co-existence with the surrounding neighborhood and the
proposed child care center, which is categorized as a “Licensed Day Care Facility
(13 or greater persons) associated with Places of Assembly or Public and Private
Elementary and Secondary Schools Offering Regular Course of Study” and any
potential impacts on the surrounding community have been substantially
addressed through the documentation provided by the Applicant surrounding the
proposed child care center, and the existing church has indicated no plans for
alteration of its operations with exception of the proposed child care center;
b) The existing and proposed uses are allowed through approval of a conditional use
permit in the R1 (Low Density Residential) District;
c) The conditional use, as proposed, will be in accordance with the general objectives
of the City’s Comprehensive Plan and the City’s Unified Development Ordinance
and the proposed child care center is additionally subject to separate licensing
requirements for the use;
d) The establishment, maintenance, or operation of the conditional use will promote
or enhance the general public welfare by filling a need for childcare in the City of
Brooklyn Center, and with a cognizance for surrounding residents and users,
including the neighboring New Millennium Academy charter school, and will not
be detrimental to or endanger the public health, safety, morals, or comfort, and
will be in accordance with City Code provisions, including those outlined in
Section 35-7700 (Conditional Use Permits), and any additional licensing and
safety requirements for the child care center;
e) The conditional use will not be injurious to the use and enjoyment of other
property in the immediate vicinity for the purposes already permitted, nor
substantially diminish and impair property values within the neighborhood as all
church and child care activities take place on the Subject Property with exception
to outings to the playground and parks and field trips;
f) The establishment of the conditional use will not impede the normal and orderly
development and improvement of surrounding property for uses permitted in the
district as this area is substantially developed;
g) Adequate measures have been taken to provide ingress, egress, and parking so
designated as to minimize traffic congestion in the public streets, and by
RESOLUTION NO.
minimizing congestion by utilizing the Lilac Drive North loop road located at the
northwest corner of the Subject Property for the majority of drop-off and pick-ups
for the child care center, and for the church, in accordance with any shared access
or parking provisions with the adjacent New Millennium Academy (5105
Brooklyn Boulevard);
h) Impacts such as noise, hours of activity, and exterior light have been sufficiently
addressed to mitigate impacts on nearby uses; and
i) The conditional use will conform to the applicable regulations of the district in
which it is located.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center, Minnesota that it hereby approves Planning Commission Application No. 2024-
005 for the requested conditional use permit, which would allow for an existing place of religious
assembly (Brookdale Covenant Church) and new licensed day care facility of 13 and greater persons
in association with a place of religious assembly (Bright Future Child Care Center), and conditioned
on compliance with all of the following:
1. The Applicant and Property Owner shall adhere to the provisions as outlined under Section
35-7700 (Conditional Use Permit), and shall coordinate with City staff to file a copy of the
City Council resolution approving the requested conditional use permit, along with a legal
description of the Subject Property for which the permit was issued, and list of any
conditions set forth by City Council as a condition of said conditional use permit. A certified
copy shall be recorded by the Applicant with the Hennepin County Recorder-Registrar of
Titles within 60 days of approval of said resolution.
a. The day care facility shall maintain a valid license and a copy of said license and
application shall be submitted to the City annually. Failure to maintain a license shall
be subject to the conditions as outlined under Section 35-7700.
2. The Applicant shall ensure designated drive aisles are not blocked during pick up and drop
off times for the child care center, and that no queuing occurs in the public right-of-way.
Should any issues arise, City staff may request a review of on-site operations.
RESOLUTION NO.
May 28, 2024
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.
C ouncil R egular M eeng
DAT E:5/28/2024
TO :C ity C ouncil
F R O M:D r. Reggie Edwards, City Manager
T H R O U G H :J esse A nders on, C ommunity D evelopment D irector
BY:Krys-n Eldridge, A s s ociate P lanner
S U B J E C T:Res olu-on Regarding P lanning C ommis s ion A pplica-on No. 2024-004, S ubmi3ed by
Kes hia D eon (Treasure H unt Early Learning C enter), for I s s uance of a C ondi-onal Use
Permit to A llow for an Early Learning C hild Care Center (6098 S hingle Creek Parkw ay)
Requested Council A con:
- M oon to adopt a r esoluon approving P lanning C ommission A pplicaon No. 2024-004 for issuance of a
C ondional U se Per mit at 6098 S hingle C r eek Par kway that w ould allow for an ear ly learning child care
center, based upon the findings of fact and submi*ed applicaon, and as amended by the condions of
approval in the resoluon.
B ackground:
Keshia D eon (“the A pplicant”) is reques -ng approval of a condi-onal use permit that w ould convert the
former Fas tS igns space in S hingle C reek Center, and located at 6098 S hingle C reek Parkway ("the S ubject
P roperty ”), into an early learning child care center (licensed day care facility-13 and greater pers ons ). The
S ubject P roperty is a one-story, approximately 3,500-s quare foot former office/retail space that w as
previously occupied by Fas tS igns, w ho provided sign design and installa-on s ervices . The A pplicant
s ubmi3ed this applica-on in agreement w ith P roperty O wner Brooklyn's C ultural V illage, L L C, w ho has
been in communica-on w ith City s taff and is working w ith the A pplicant before any lease is s ecured on the
s pace.
A public hearing no-ce for the condi-onal us e permit request was publis hed in the Brooklyn Center S un
Pos t on A pril 25, 2024 and proper-es located w ithin the no-fica-on area received a copy of the no-ce and
map, along with a link to the s cheduled virtual P lanning Commission mee-ng. The no-ce w as als o publis hed
on the C ity ’s w ebsite and provided for in the City's email bulle-n.
Keshia D eon of Treas ure H unt Early L earning Center ini-ally approached the City in O ctober 2023 w ith a
desire for a new daycare in S hingle C reek Center s hopping center. I t w as through convers a-ons w ith the
A pplicant, and other pros pec-ve daycares als o s eeking s pace in the same -meframe, that C ity staff realiz ed
the provisions under the City ’s new Unified D evelopment O rdinance (U D O ) no longer accounted for larger
day cares (13 or more persons).
City s taff w orked w ith the C ity A3orney to process an amendment to the U D O that would allow for the
addi-on of a new us e category for licens ed daycare facili-es (13 or more persons) in the City ’s mul--family
res iden-al and mixed-us e districts , of which includes the M X-C (C ommercial M ixed-U s e) D is trict where the
S ubject P roperty is located. A lthough C ity staff began the amendment proces s in January 2024, the new
language for daycares was not adopted by C ity C ouncil un-l M arch 2024, and the ordinance language did
not go into effect un-l late A pril 2024.
A s adopted, daycares w ith 13 pers ons or greater are now cons idered a “condi-onal use” in the M X-C
D istrict, hence the applica-on reques t. The interior floor plan presented by the A pplicant requires minimal
interior changes neces s ary to run the child care center in the former Fas tS igns as the space was s et up for
office/retail s pace. M os t of the propos ed altera-ons address the re-configura-on of w alls, addi-onal
bathrooms, and a kitchene3e to prepare food for the children. The A pplicant w ill need to coordinate and
has already begun dis cus s ions w ith the Building O fficial to addres s any neces s ary modifica-ons to the fire
s prinkler s ystem/heads , plumbing for addi-onal bathrooms , etc.
I n the case of the A pplicant’s reques t, C ity staff reviewed Minnes ota S tate S tatute 9503.0155 (Child C are
Center), which requires an outdoor ac-vity area of at leas t 1,500-square feet and certain minimum square
footage requirements per child or trans porta-on provided by the license holder. I n no case s hall the
outdoor ac-vity area be farther than one-half (1/2) mile from the child care center.
A lthough this is a licensure requirement, City s taff did review the loca-on agains t the nearest “outdoor
ac-vity area,” w hich is Centennial Park, located to the wes t of Brooklyn Center City H all (6301 S hingle Creek
Parkway). Per Licens ure requirements Centennial Park would be s ufficient for outdoor ac-vity area, and the
A pplicant did indicate plans to purchas e a commercial van to transport children to an from C entennial Park
and for field trips . The A pplicant will ul-mately need to s a-s fy any licens ure requirements to obtain a
license and operate the child care center.
The A pplicant proposes 10 s taff members for the facility, including teachers and a director. The number of
children that would be expected would be no more than 41 children, at maximum, bas ed on S tate S tatute
provis ions requiring a minimum of 35-s quare feet of indoor s pace for each child in a3endance.
A public hearing w as held at the May 9, 2024 P lanning C ommis s ion mee-ng, and those Commissioners in
a3endance w ere generally suppor-ve of the outlined reques t. The Commissioners ques -oned the
A pplicant's aw arenes s of future plans to demolish the former Target (6100 S hingle Creek Parkw ay) this
s ummer and any poten-al impacts to the propos ed child care center. City s taff did no-fy the A pplicant and
P roperty O wner of thes e plans and the A pplicant stated that they w ould temporarily clos e the center, if
needed, and were in conversa-on with their architect and contractor regarding any s hort term impacts .
A s is outlined in the A pplicant ’s narra-ve, the intent is to have 15 parking spaces des ignated for the
proposed early child learning center. The A pplicant indicated that parents and guardians would be dropping
their children off and parking w ould be reserved for s taff. City s taff did not have any major concerns with
the exis -ng parking other than to ens ure parents and guardians are parking in des ignated parking spaces
and not parking along the exis-ng drive aisles . The Commissioners confirmed their expecta-on that parking
s paces be used for drop off and pick up, and to ens ure queuing w as not taking place in the drive aisle.
The C ommis s ioners w ere suppor-ve of the A pplicant's plans to offer extended child care hours of between
6 a.m. and 11 p.m. as it was noted that it is oNen-mes hard to find child care hours for those w orking non-
tradi-onal s hiNs . Follow ing close of the public hearing, the P lanning Commission elected to unanimous ly (4-
0) recommend C ity C ouncil approval of the reques ted issuance of a condi-onal us e permit for the proposed
early learning child care center (licensed day care facility-13 and greater pers ons ), and s ubject to the noted
approval condi-ons.
A copy of the P lanning C ommis s ion Report for P lanning Commission A pplica-on No. 2024-004 dated
March 9, 2024 and C ity C ouncil res olu-on regarding the aforemen-oned reques t is included with this
memorandum.
B udget I ssues:
None to cons ider at this -me.
I nclusive C ommunity Engagement:
There are no budget is s ues to consider at this -me
A nracist/Equity Policy Effect:
S trategic Priories and Values:
Be an effec-ve partner with other public en--es
AT TA C H M E N TS :
D escrip-on U pload D ate Type
S taff Report and Exhibits - 6098 S hingle Creek Parkw ay (C U P )5/21/2024 Backup M aterial
Res olu-on - 6098 S hingle C reek Parkway (C U P )5/21/2024 Resolu-on Le3er
App. No. 2024-004
PC 05/09/2024
Page 1
Planning Commission Report
Meeting Date: May 9, 2024
Application No. 2024-004
Applicant | Property Owner: Keshia Deon (Treasure Hunt Early Learning Center)| Brooklyns Cultural
Vill LLC
Location: 6098 Shingle Creek Parkway (Shingle Creek Center)
Requests: Conditional Use Permit
`
Map 1. Subject Property Location (in blue).
Requested Action
Keshia Deon of Treasure Hunt Early Learning Center (“the Applicant”) is requesting approval of a
conditional use permit (CUP) that would convert a tenant space within Shingle Creek Center shopping
center, and commonly addressed as 6098 Shingle Creek Parkway “(the Subject Property”), into an early
learning child care center (licensed day care facility)—refer to Exhibit A.
The Subject Property is a vacant, approximately 3,500-square foot retail space that was previously leased
to FastSigns, which provided sign design and installation services. The Property Owner (“Brooklyns
•Application Filed: 04/09/2024
•Review Period (60-day) Deadline: 06/08/2024
•Extension Declared: No
•Extended Review Period Deadline:
App. No. 2024-004
PC 05/09/2024
Page 2
Cultural Vill LLC”) purchased the entire shopping center in October 2023 and has been engaged with the
Applicant for a number of months regarding this space.
A public hearing notice for the conditional use permit request was published in the Brooklyn Center Sun
Post on April 25, 2024—refer to Exhibit B. Notifications were mailed to those physical addresses and
property owners located within a 350-feet of the Subject Property, and a copy of the public hearing notice
was published to the City of Brooklyn Center website. A link to the public hearing notice was also published
on the City’s website and sent out by email to subscribers of the City’s weekly events bulletin.
Image 1. Existing Site Conditions at Subject Property.
Background
Site Data:
2040 Land Use Plan: Commercial Mixed-Use (C-MU)
Neighborhood: Centennial
Current Zoning: Commercial Mixed-Use (MX-C)
Site Area: Approximately 2.8 acres
App. No. 2024-004
PC 05/09/2024
Page 3
Surrounding Area:
Direction 2040 Land Use Plan Zoning Existing Land Use
North Commercial Mixed-Use
(C-MU)
MX-C (Commercial Mixed-
Use) District
Commercial
(Former Target)
South Commercial Mixed-Use
(C-MU)
MX-C (Commercial Mixed-
Use) District
Commercial (Strip Mall)
East Commercial Mixed-Use
(C-MU)
MX-C (Commercial Mixed-
Use) District
Commercial (Former
Office/Retail Building-
Vacant)|
Restaurant Depot) West Public-Semi-
Public/Institutional (PSP/I)
MX-C (Commercial Mixed-
Use) District
Public-Semi-
Public/Institutional
(Hennepin County Service
Center | Brookdale Library)
The Applicant originally approached City Staff in October 2023 with a desire for a new daycare in Shingle
Creek Center shopping center, and located at the southeast corner of Shingle Creek Parkway and Summit
Drive. It was through these conversations with the Applicant, as well as other individuals and businesses
seeking space for daycares in the same timeframe, that City staff realized the provisions under the City’s
new Unified Development Ordinance (UDO) no longer accounted for larger day cares (13 or more
persons).
City staff ultimately worked with the City Attorney to process an amendment to the UDO that would allow
for the addition of a new use category for licensed daycare facilities (13 or more persons) in the City’s
multi-family residential and mixed-use districts, of which includes the Commercial Mixed-Use District (MX-
C) where the Subject Property is located. Although City staff began the amendment process in January
2024, the new language for daycare was not adopted by City Council until March 2024, and the ordinance
language did not go into effect until late April 2024. As adopted, daycares with 13 persons or greater are
considered a “conditional use” in the Commercial Mixed-Use District, hence the application request.
With the extended timeframe in mind, the Applicant has been in communication via email and in-person
regarding the process for City permits (assuming approval) and potential requirements for the space, and
a pre-application meeting was held in advance of the application submittal.
CONDITIONAL USE PERMIT
The site plan presented by the Applicant requires minimal interior changes necessary to run the daycare
as the former Fast Signs location was set up for office/retail space. Most of the proposed alterations
address the reconfiguration of walls, additional bathrooms, and a kitchenette to prepare food for the
children, although the Applicant would need to coordinate with the Building Official to address any
necessary modifications to the fire sprinkler system/heads, plumbing for additional bathrooms, etc.
With the recent amendments to the UDO and daycare provisions, and in discussions with the City
Attorney, the code was also updated to reference State Statute as it outlines specific licensure
requirements for daycare programs, and as the City’s provisions were not in alignment with certain
licensure requirements at the state and county levels (e.g. playgrounds).
In the case of the Applicant’s request, City staff reviewed Minnesota State Statute 9503.0155 (Child Care
App. No. 2024-004
PC 05/09/2024
Page 4
Center), which requires an outdoor activity area of at least 1,500-square feet and certain minimum square
footage requirements per child or that the proposed outdoor activity area for use by children under school
age must be located within 2,000 feet of the center or transportation provided by the license holder. In
no case shall the outdoor activity area be farther than one-half (1/2) mile from the child care center.
Although this is a licensure requirement, City staff did review the location against the location of the
nearest “outdoor activity area,” which is Centennial Park, located to the west of Brooklyn Center City Hall
(6301 Shingle Creek Parkway). In discussions with the State of Minnesota Department of Human Services
(DHS), it was determined that the Applicant should be close enough to Centennial Park to move forward
with licensure at this location, subject to City approval for the conditional use permit.
The Applicant has also indicated plans to purchase a commercial van to transport children to and from
Centennial Park and for field trips; however, the Applicant indicated a desire to create a dedicated outdoor
activity area in the future.
As previously stated, the Applicant approached City staff in late October regarding the potential
conversion of the former FastSigns to a child care center (daycare). During these initial discussions, the
Applicant indicated an interest in the Subject Property for the “high need of childcare in the area” and the
capacity to offer quality childcare at affordable rates to the Brooklyn Center community.
The Applicant proposes 10 staff members for the facility, including teachers and a director. The number
of children that will be able to attend has yet to be determined; however, based on finished space and
State Statute provisions requiring a minimum of 35-square feet of indoor space for each child in
attendance (and excluding hallways, closets, utility rooms, lavatories, water closets, kitchens, and space
occupied by cribs), and in reviewing Image 2 below, it would be expected that no more than 41 children
would be present, at maximum.
The Applicant provided City staff with an interior floor plan which identifies the approximately 3,500-
square foot space, with a proposed office and lobby in the front of the building, a common hallway running
the full length of the space, an infant room (with cribs), a toddler room, pre-school room, and infant room.
Two sets of bathrooms are shared between these four spaces. The rear of the space would provide for a
kitchenette, additional storage, and a staff bathroom.
Image 2. Interior Floor Plan for Proposed Daycare (Treasure Hunt Early Learning Center).
App. No. 2024-004
PC 05/09/2024
Page 5
The shopping center, where the Subject Property is located, is subject to a Reciprocal Easement Agreement
(REA) with the adjacent former Target located at 6100 Shingle Creek Parkway, which is owned by the City of
Brooklyn Center’s Economic Development Authority (EDA). The REA, in part, establishes certain shared
parking and access provisions. In reviewing the 1985 approvals outlined under Planning Commission
Application No. 85001, which provided site and building plan approval for the construction of a 105,000-
square foot Target store and approximately 34,160-square feet of attached retail space, the plans accounted
for 880 parking stalls.
It should be noted that the separate retail space located along John Martin Drive was not accounted for in
these figures. In reviewing current provisions for parking as outlined under Section 35-5506 (Required
Parking Spaces), the maximum allowable parking shall be no more than four (4) parking spaces per 1,000-
square feet. No additional parking spaces beyond those allowed in the retail formula shall be required of
restaurant uses which altogether do not occupy more than 15% of the gross floor area of the center.
Assuming the approximately 34,160-square foot center where the Subject Property is located, no more than
137 parking spaces would be required. In reviewing the existing parking layout, it appears the shopping
center is already parked at maximum for retail center use.
As is outlined in the Applicant’s narrative, the intent is to employ 10 staff members. As parents and guardians
would be dropping their children off and providing at pickup throughout the day, City staff does not have
any major concerns with the existing parking other than to ensure parents and guardians are parking in
designated parking and not blocking the existing drive aisles. For those parents/guardians utilizing public
transit, the Subject Property is located in proximity to the 722 line, which provides service up to the Target
headquarters in Brooklyn Park as well as connections at the Transit Center off County Road 10/Bass Lake
Road.
Conditional use permits, as outlined under Section 35-7700, are those uses which have been identified,
because of their nature, operation, location, special requirements or characteristics, and that may only be
allowed in a particular zoning district after submittal of an application, review, and recommendation by the
Planning Commission, and approval by the City Council.
The conditional use permit process regulates: the location, magnitude, and design of conditional uses
consistent with the 2040 Comprehensive Plan, and the regulations, purposes, and procedures of this Unified
Development Ordinance (UDO).
A conditional use permit may not be granted by the City Council unless the following criteria have been
satisfied (Note: Applicant responses are transcribed from the submitted narrative—Exhibit A):
a.The conditional use will be in accordance with the general objectives, or with any specific objective, of
the City’s Comprehensive Plan and this UDO.
Applicant Response: Yes, the conditional use will be in accordance with the general objectives, or with
any specific objective, of the City’s Comprehensive Plan and this UDO.
City Staff Response (Finding): As noted above, the Subject Property is located within the City’s
Commercial Mixed-Use (MX-C) District, and is future guided as Commercial Mixed-Use (C-MU) under
the City’s 2040 Comprehensive Plan. This zoning district and future land use designation are brand new
to the City as of 2023 and 2019, respectively. The use, as proposed, is permitted within this district as
a conditional use per Section 35-4103 (Allowed Use Table), following the recent adoption of code
App. No. 2024-004
PC 05/09/2024
Page 6
amendments to accommodate licensed daycare with 13 or greater persons.
The Commercial Mixed-Use future land use designation under the 2040 Comprehensive Plan is guided
to allow for a mix of commercial, office, retail, service and residential uses. As the Subject Property is
located within the City’s designated Opportunity Site, which is approximately 80-acres in size, City staff
reviewed the comprehensive plan and focus on creating a central spine, which embraces opportunities
to create a walkable, transit connected, experience-based place that offers new opportunities to
existing and future residents, and encourages the integration of land uses—hence a desire for a mix of
uses.
The 2040 Comprehensive Plan acknowledges that the Commercial Mixed-Use future land use
designation should focus on creating more active and vibrant centers. While the Subject Property is
located in a 1980s strip mall, the addition of a child care center will almost certainly bring more foot
traffic to the shopping center, which has long been isolated from the rest of the City. This may also
provide a service to those either working in proximity to the shopping center or residing nearby.
b.The establishment, maintenance, or operation of the conditional use will promote and enhance the
general public welfare and will not be detrimental to or endanger the public health, safety, morals or
comfort.
Applicant Response: Agreed, the establishment, maintenance and operation of the conditional use will
promote, enhance the general public welfare, and will not be detrimental to or endanger the public
health, safety, morals, or comfort.
City Staff Response (Finding): City staff initially expressed concerns regarding the distance to an
outdoor play area, as the preceding zoning code had always required outdoor playground areas. In
discussing with the State and licensing requirements, it was determined that Centennial Park would
meet the distancing requirements as outlined for licensure. Further, the Applicant indicated plans to
purchase a commercial van to not only provide transportation, as necessary, to the park for large motor
play, but also for field trips.
It is assumed the proposed child care center will not be detrimental to or endanger the public health,
safety, morals, or comfort as the business (child care center) as the use will be contained, for the most
part, to the interior of the approximately 3,500-square foot space. As this will be a licensed facility, the
Applicant is beholden to certain safety protocols and staffing ratios for the children under care at the
center.
c.The conditional use will not be injurious to the use and enjoyment of other property in the immediate
vicinity for the purposes already permitted, nor substantially diminish and impair property values within
the neighborhood.
Applicant Response: Agreed, the conditional use will not be injurious to the use and enjoyment of other
property in the immediate vicinity for the purposes already permitted, nor substantially diminish and
impair property values within the neighborhood. In fact, the conditional use will add value economically
and community through job creation, childcare service, and outreach.
City Staff Response (Finding): The Subject Property is located in a strip mall, which was recently sold to
an entity (Brooklyn’s Cultural Village) whose business model is to create an Innovation and Catalyst
App. No. 2024-004
PC 05/09/2024
Page 7
Center (ICC) that would serve as an accessible economic hub and workforce center in the City of
Brooklyn Center. The proposed use has thus been reviewed by the Property Owner and lessor and
established it as consistent with their goals.
Most of the businesses in the immediate vicinity are public services (e.g. Hennepin County Service
Center, Brookdale Library, Brooklyn Center City Hall and Community Center), office users (e.g. 6200 and
6300 Shingle Creek Parkway, 6160 Summit Drive), and other small business owners and restaurants
located in Shingle Creek Center. Although the City’s Economic Development Authority owns the former
Target building, which is located immediately adjacent to and shares a wall with the proposed child care
center, the City intends to demolish the former Target later this summer and has eventual plans to
redevelop the property sometime in the future.
Although City staff has had logistical conversations with the Applicant and Property Owner regarding
temporary impacts to her business, City staff is cognizant of the new Property Owner’s desire to refill
shopping center and once again create vibrancy in this area of the city. With respect to the use, this
space has been vacant for some time, and given the proposed hours of operation (6 a.m. to 11 p.m.),
the proposed use would provide extended activity and presence at the site while providing a service to
local residents and workers who might not work typical daytime hours.
d.The establishment of the conditional use will not impede the normal and orderly development and
improvement of surrounding property for uses permitted in the district.
Applicant Response: Correct, the establishment of the conditional use will not impede the normal and
orderly development and improvement of surrounding property for uses permitted in the district.
City Staff Response (Finding): The child care center will be open from 6 a.m. to 11 p.m. and plans to
use 15 parking spaces per the lease agreement provided by the Property Manager of Shingle Creek
Center. The proposed use would be contained to the existing approximately 3,500-square foot tenant
space.
The Subject Property has two full access points, one on John Martin Drive and another on Summit Drive,
and limited access (right turn only) off Shingle Creek Parkway. There are no plans at this time to conduct
any exterior renovations to the area outside the tenant space, and the shopping center where the
Subject Property is located is part of a Reciprocal Easement Agreement (REA) with the City EDA-owned
Target site, which outlines shared responsibilities and provisions for parking and access.
City Staff has notified the Applicant of the former Target’s imminent demolition in the summer of 2024
and has discussed temporary impacts to the business, which may or may not have implications on the
business and is dependent on when the Applicant obtained their licensure and completed the proposed
renovations. As the space shares a wall with the former Target, restoration to the north end cap wall of
the shopping center where the tenant space is located will need to take place.
e.Adequate measures have been or will be taken to provide ingress, egress, and parking so designed as
to minimize traffic congestion in the public streets.
Applicant Response: Yes. Adequate measures will be taken to provide ingress, egress, and parking so
designed as to minimize traffic congestion in the public streets.
App. No. 2024-004
PC 05/09/2024
Page 8
City Staff Response (Finding): City Staff has no major concerns regarding potential traffic congestion
for the proposed use in the public streets. It is rather assumed that any traffic impacts will be minimal
given the extended hours of operation for the day care facility. Although the parking lot is private, City
staff wants to reiterate that any parents/guardians park in designated parking spaces to avoid parking
along the main drive aisle located in the front of the businesses.
f.Impacts such as noise, hours of activity, and exterior lighting have been sufficiently addressed to
mitigate negative impacts on nearby uses.
Applicant Response: Yes. Adequate measures will be taken to avoid impacts such as noise, hours of
activity, and exterior lighting will be addressed to mitigate negative impacts on nearby uses.
City Staff Response (Finding): City Staff would ask the Applicant and Property Owner to ensure site
lighting remains on to provide proper lighting to the exterior and the parking lot, as the Applicant
intends to operate from 6 a.m. to 11 p.m. Currently, the former Target’s parking lot lights are on 24/7;
however, there may be temporary impacts during construction and as the building is demolished and
as the parking lot lights are controlled from within the building. City staff has discussed purchasing an
astrological timer, which would operate based off the assumed hours of sunrise and sunset.
g.The conditional use shall, in all other respects, conform to the applicable regulations of the district in
which it is located.
Applicant Response: Agreed, the conditional use will, in all other respects, conform to the applicable
regulations of the district in which it is located.
City Staff Response (Finding): The Applicant’s required licensure will govern administration of the
center and all regulations necessary for operation. Rather, “conditional uses” are generally a permitted
use with the caveat of being subject to additional requirements, as necessary. As such, City staff’s review
accounts for potential impacts given a use’s location, magnitude, and overall design, and its
complementariness with the 2040 Comprehensive Plan and ability to meet the requirements of the
City’s Unified Development Ordinance.
Building Official Review
Building Official Dan Grinsteinner conducted a cursory review of the proposed use of the tenant space at
6098 Shingle Creek Parkway and for the intended use as a child care center—refer to Exhibit C.
ANTICIPATED PERMITTING AND CONDITIONS
Following a review of the submittal materials and the request, City staff recommends the following
conditions be attached to any positive recommendation on the approval of Planning Commission
Application No. 2024-004 for the Subject Property located at 6098 Shingle Creek Parkway and approval of
a conditional use permit to operate a child care center (licensed day care facility):
1.The Applicant and Property Owner shall adhere to the provisions as outlined under
Section 35-7700 (Conditional Use Permit), and shall coordinate with City staff to file a copy
of the City Council resolution approving the requested conditional use permit, along with
a legal description of the Subject Property for which the permit was issued, and list of any
conditions set forth by City Council as a condition of said conditional use permit. A
App. No. 2024-004
PC 05/09/2024
Page 9
certified copy shall be recorded by the Applicant with the Hennepin County Recorder-
Registrar of Titles within 60 days of approval of said resolution.
i.The day care facility shall maintain a valid license and a copy of said license and
application shall be submitted to the City annually. Failure to maintain a license
shall be subject to the conditions as outlined under Section 35-7700.
2.The Applicant shall ensure parking spaces are utilized during designated drop off and pick
up times. Vehicles shall not be left unattended or to queue along the front of the building
in the shared drive aisle. Should any issues arise, City staff may request a review of on-
site operations and installation of no parking signage.
3.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
conform to City requirements.
RECOMMENDATION
Based on the above-noted findings, City staff recommends the Planning Commission recommends City
Council approval of Planning Commission Application No. 2024-004 for approval of a conditional use
permit (CUP) for the Subject Property located at 6098 Shingle Creek Parkway for a child care center
(licensed day care facility), subject to the Applicant complying with the Approval Conditions.
ATTACHMENTS
Exhibit A – Planning Commission Application No. 2024-004 Plans and Documents, submitted April 9, 2024.
Exhibit B – Public Hearing Notice, submitted for publication in the Brooklyn Center Sun Post, and dated
April 25, 2024.
Exhibit C – Review Memorandum, prepared by Building Official Dan Grinsteinner, and last revised May 8,
2024.
03/11/2024
Hi, my name is Keshia Deon, I am the owner of The Treasure Hunt Early Learning Center. I am
planning to open a childcare center at 6098 Shingle Creek Parkway, Brooklyn Center MN, 55430
upon your approval.
I will hire a licensed Plumber, Electrician, Sprinkler Adjuster, HVAC staffer, and a Contractor for my
buildout process. Each licensed provider will submit permit requests to the City Inspector and wait
for his approval before beginning their work.
I am currently working with an Architect to create my floor plans and lay out designs. The architect is
assisting me with - Preliminary floor plans - Building codes- life safety information- Site plans- Zoning
information and Coordinating with city planning and commission staff.
Based on the high need of childcare in the area I really believe that I will be an asset to the
community by improving the quality of everyday life of those who need childcare.
I believe one of the key ingredients to a successful childcare center is an understanding of the
business. I know that I cannot be everything to everyone. However, I have the experience,
education, and love for the field. In addition, I plan to offer my services at a price that will be
affordable for working families, something that this community really needs.
My goal is to give each hard-working parent the opportunity to do their work without the hassle of
worrying about their childcare needs and affordability. I want each parent to have peace of mind
knowing that their child is getting the same skills, experience, love, education, and treatment as
children in higher income families.
I plan to be to provide high quality, affordable childcare to families, single mothers, and single
fathers. To accomplish this, I will follow DHS licensing Rule 3 guidelines and manage the childcare
professionally. I plan to provide an activity-based learning environment that mirrors those used at
colleges, universities and vocational centers around the nation. The environment I hope to create will
promote healthy physical, emotional, and social development for each child while providing fun
educational opportunities. I will establish a community of professional care givers with the
credentials to not only enhance children’s early social skills, but to also teach them advanced studies
in the arts and sciences found at childcare centers at institutions of higher learning. I will provide
affordable, first-class care giving and education by providing a broad range of integrated programs
and services and innovative learning approach.
My center will offer full-day services as well provide all meals and snacks to the children we serve. I
plan to be open from 6:00 a.m. until 11:00 p.m. with parents who work the second shift in mind. I will
offer field trips, computers, books, learning toys, and other educational services all in a loving, fun,
and safe environment. Furthermore, all my staff will be trained or will hold a childcare certificate
from well-known schools or colleges.
I plan to hire 10 staff members from the community. 1 Director 1 Assistant Director 4 Teachers and 4
Teacher’s Aides.
I will utilize the assigned 15 parking spaces per my lease agreement.
I plan to purchase a commercial van to transport the children back and forth to Centennial Park until
the city allows me to build an outdoor space for the children large motor needs.
Here at The Treasure Hunt Early Center we love kids and are fully committed to this plan.
Exhibit A
For every CUP that we bring through, we have to ask the questions below. Please answer to the best of
your ability or knowledge.
The conditional use will be in accordance with the general objectives, or with any specific objective, of the
City’s Comprehensive Plan and this UDO
Applicant Response: Yes, the conditional use will be in accordance with the general objectives, or with
any specific objective, of the City’s Comprehensive Plan and this UDO
The establishment, maintenance, or operation of the conditional use will promote and enhance the
general public welfare and will not be detrimental to or endanger the public health, safety, morals, or
comfort
Applicant Response: Agreed, the establishment, maintenance and operation of the conditional use will
promote, enhance the general public welfare, and will not be detrimental to or endanger the public health,
safety, morals, or comfort.
The conditional use will not be injurious to the use and enjoyment of other property in the immediate
vicinity for the purposes already permitted, nor substantially diminish and impair property values within
the neighborhood
Applicant Response: Agreed, the conditional use will not be injurious to the use and enjoyment of other
property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair
property values within the neighborhood. In fact the conditional use will add value economically and
community through job creation, childcare service, and outreach
The establishment of the conditional use will not impede the normal and orderly development and
improvement of surrounding property for uses permitted in the district
Applicant Response: Correct, the establishment of the conditional use will not impede the normal and
orderly development and improvement of surrounding property for uses permitted in the district
Adequate measures have been or will be taken to provide ingress, egress, and parking so designed as to
minimize traffic congestion in the public streets
Applicant Response: Yes. Adequate measures will be taken to provide ingress, egress, and parking so
designed as to minimize traffic congestion in the public streets
Impacts such as noise, hours of activity, and exterior lighting have been sufficiently addressed to mitigate
negative impacts on nearby uses
Applicant Response: Yes. Adequate measures will be taken to avoid Impacts such as noise, hours of
activity, and exterior lighting will be addressed to mitigate negative impacts on nearby uses
The conditional use shall, in all other respects, conform to the applicable regulations of the district in
which it is located (Transit-Oriented Development/TOD District)
Applicant Response: Agreed, the conditional use will, in all other respects, conform to the applicable
regulations of the district in which it is located.
Thank you!
Keshia Deon
EP
EP
1682 40
3,525 RSF02/28/24BROOKLYN CENTER, MN 55430
SHINGLE CREEK CROSSING CENTER
6056-6098 SHINGLE CREEK PARKWAY
VACANCY - SUITE #6098
archimea
Interior Design Services
2550 University Ave. W Suite #305 S St. Paul, MN 55114 952-854-5206
N
SCALE:NTS
EXISTING FLOOR PLAN
3,500 S.F.
PLAN
NORTH
N
TRUE
NORTH
28
'
-
8
"
12
'
-
8
1
/
2
"
15
'
-
6
1
/
2
"
24
'
-
2
"
4'
-
1
"
14
'
-
0
"
4'
-
1
"
10
'
-
2
"
23'-8 3/4"44'-7"9'-11 1/2"34'-6"
13'-4 1/2"
6'-0 1/2"
23'-6 3/4"7'-11"19'-11"5'-5"10'-3"
8'
-
7
"
PROPOSED DESIGN OF:
TREASURE HUNT EARLY LEARNING CENTER
6098 SHINGLE CREEK PARKWAY
715 ELM STREET ANOKA, MN 55303 | PHONE: 701.541.9653 | EMAIL: tstonearch@timstonearchitects.comBROOKLYN CENTER, MINNESOTA
Exhibit B
City of Brooklyn Center | 6301 Shingle Creek Pkwy | Brooklyn Center, MN 55430-2199 | (763) 569-3300 |
www.cityofbrooklyncenter.org
Community Development
763-569-3300
May 8, 2024
6098 Shingle Creek Pkwy
Keshia Deon – Treasure Hunt Early Learning Center
Building review comments for the remodel/change of occupancy for the Proposed Space (Daycare) to be
located at 6098 Shingle Creek Pkwy.
Previous Building Occupancy Classification: B (Business) use.
Proposed Building Occupancy Classification: E or I4 (Daycare) pending the age of the occupants and
amount per licensing.
1.The building may be required to have a sprinkler permit where changes to the system involves
the ceiling being removed or if any new rooms are added to provide the proper coverage per
NFPA 13.
2.A Building permit will be required with signed architectural plans. Plans shall include a code
analysis and floor layout showing the existing and new rooms.
3.A SAC determination is required by MET Council. A determination letter is required to be received
before a permit is issued.
4.The Health Department is required to review plans and provide an approval letter prior to permit
issuance for any food services being provided.
5.Separate permits may be required for and plumbing, electrical or mechanical work that is to be
done.
6.All signage on site will need a sign permit from zoning and approval.
Sincerely,
Dan Grinsteinner
Building Official
City of Brooklyn Center
763-569-3313
Exhibit C
Member introduced the following resolution and
moved its adoption:
RESOLUTION NO.
RESOLUTION APPROVING PLANNING COMMISSION APPLICATION NO.
2024-004 FOR ISSUANCE OF A CONDITIONAL USE PERMIT TO ALLOW
FOR AN EARLY LEARNING CHILD CARE CENTER (6098 SHINGLE CREEK
PARKWAY)
WHEREAS, Planning Commission Application No. 2024-004, submitted by Keshia
Deon of Treasure Hunt Early Learning Center (“the Applicant”) requests review and consideration
of an application for a conditional use permit that would convert an approximately 3,500-square foot
space formerly occupied by a FastSigns signage and graphics shop and located at 6098 Shingle Creek
Parkway (“the Subject Property”), as legally described in Exhibit A and attached hereto, to an early
learning child care center; and
WHEREAS, the Applicant initially approached City staff with a desire to locate within
Shingle Creek Center, where the Subject Property is located; however, City staff realized that the
provisions outlined within the City’s new Unified Development Ordinance no longer accounted for
larger day cares (13 or more persons); and
WHEREAS, an ordinance amendment was requested and subsequently adopted by
the City Council in March 2024 to allow for “licensed day care facilities (13 and greater persons)” as
a conditional use in certain zoning districts within the City, and the language became effective in
April 2024; and
WHEREAS, the Subject Property is situated in the City’s MX-C (Commercial Mixed-
Use) District, and following a review of Section 35-4103 (Allowed Use Table), the proposed use is
categorized as a “licensed day care facility (13 or greater persons)” and requires issuance of a
conditional use permit in the aforementioned district; and
WHEREAS, a public hearing notice was published in the Brooklyn Center Sun Post
on April 25, 2024, mail notifications were sent to adjacent property owners and physical properties,
and notice was provided for on the City’s website and email bulletins; and
WHEREAS, the Planning Commission of the City of Brooklyn Center, Minnesota
held a duly noticed and called public hearing on May 9, 2024, whereby a planning staff report was
presented and public testimony regarding the conditional use permit were received; and
WHEREAS, the Planning Commission of the City of Brooklyn Center, Minnesota
considered the conditional use permit request in light of all testimony received, the guidelines and
standards for evaluating the conditional use permit contained in Section 35-7700 (Conditional Use
Permit), the City’s 2040 Comprehensive Plan, the Opportunity Site Infrastructure Framework, as well
as information provided by the Applicant with respect to the proposed use’s operations and any
potential impacts, and the request generally satisfies the criteria as outlined within the above Sections;
RESOLUTION NO.
and
WHEREAS, the City Council finds as follows regarding Planning Commission
Application No. 2024-004, submitted by Applicant Keshia Deon (Treasure Hunt Early Learning
Center):
a) The proposed use is categorized as a “licensed day care facility (13 or greater
persons)” and any potential impacts on the surrounding community have been
substantially addressed through the documentation provided by the Applicant
surrounding the proposed early learning center;
b) The proposed use is allowed through approval of a conditional use permit in the
MX-C (Commercial Mixed-Use) District;
c) The conditional use, as proposed, will be in accordance with the general objectives
of the City’s Comprehensive Plan and the City’s Unified Development Ordinance
and is subject to separate licensing requirements for the use;
d) The establishment, maintenance, or operation of the conditional use will promote
or enhance the general public welfare by filling a need for childcare in the City of
Brooklyn Center and with extended hours of operation, and will not be detrimental
to or endanger the public health, safety, morals, or comfort, and will be in
accordance with City Code provisions, including those outlined in Section 35-
7700 (Conditional Use Permits), and any additional licensing and safety
requirements for the child care center, and a valid license and copy of said license
shall be submitted to the City for recordkeeping;
e) The conditional use will not be injurious to the use and enjoyment of other
property in the immediate vicinity for the purposes already permitted, nor
substantially diminish and impair property values within the neighborhood as all
child care activities will take place within the approximately 3,500-square foot
space with the exception of outings to the playground and parks and field trips;
f) The establishment of the conditional use will not impede the normal and orderly
development and improvement of surrounding property for uses permitted in the
district or as the Opportunity Site, where the Subject Property is located, or
adjacent 6100 Shingle Creek Parkway, which is owned by the City’s Economic
Development Authority (EDA), develops out in the future as there are no proposed
exterior modifications;
g) Adequate measures have been taken to provide ingress, egress, and parking so
designated as to minimize traffic congestion in the public streets, and by
minimizing congestion within the internal parking lot drive aisles by ensuring
designated parking spaces are used by parents/guardians during drop-off and pick-
up windows;
h) Impacts such as noise, hours of activity, and exterior light have been sufficiently
addressed to mitigate impacts on nearby uses; and
i) The conditional use will conform to the applicable regulations of the district in
which it is located.
RESOLUTION NO.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center, Minnesota that it hereby approves Planning Commission Application No. 2024-
004 for the requested conditional use permit, which would allow for an early learning center at 6098
Shingle Creek Parkway, and conditioned on compliance with all of the following:
1. The Applicant and Property Owner shall adhere to the provisions as outlined under
Section 35-7700 (Conditional Use Permit), and shall coordinate with City staff to
file a copy of the City Council resolution approving the requested conditional use
permit, along with a legal description of the Subject Property for which the permit
was issued, and list of any conditions set forth by City Council as a condition of said
conditional use permit. A certified copy shall be recorded by the Applicant with the
Hennepin County Recorder-Registrar of Titles within 60 days of approval of said
resolution.
a. The day care facility shall maintain a valid license and a copy of said license
and application shall be submitted to the City annually. Failure to maintain
a license shall be subject to the conditions as outlined under Section 35-7700.
2. The Applicant shall ensure parking spaces are utilized during designated drop off
and pick up times. Vehicles shall not be left unattended or to queue along the front
of the building in the shared drive aisle. Should any issues arise, City staff may
request a review of on-site operations and installation of no parking signage.
3. 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 conform to City requirements.
May 28, 2024
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.
Council/E D A Work
S ession
City Hall Council Chambers
May 28, 2024
AGE NDA
AC T I V E D I S C US S IO N I T E M S
P E ND I NG L I S T F O R F UT URE WO RK S E S S IO NS
1.Upcoming I tems
Memorial Policy
Special Assessment Policy/Franchise F ees (referred to Financial
Commi ssion)
Emerald Ash B orer Policy Review (referred to Park & Rec Commission
November)
Opioid Settlement - 6/24
A R PA Funds - 6 /10
Grants: Revenues & E xpenses
Purchasing Policy
Revisit Resolution 2021-73
Planning A pplication Process
T HC Drinks at Golf Course - 6/10
C ouncil/E DA Work Session
DAT E:5/28/2024
TO :C ity C ouncil
F R O M:D r. Reggie Edwards, City Manager
T H R O U G H :N/A
BY:D r. Reggie Edwards, City Manager
S U B J E C T:U pcoming I tems
Requested Council A con:
Memorial Policy
S pecial A s s essment Policy/F ranchise Fees (referred to Financial Commission)
Emerald A s h Borer Policy Review (referred to Park & Rec C ommission November)
O pioid S e2lement - 6/24
A R PA F unds - 6 /10
G rants: Revenues & Expens es
P urchasing Policy
Revis it Resolu8on 2021-73
P lanning A pplica8on P roces s
T H C D rinks at G olf C ourse - 6/10
B ackground:
B udget I ssues:
A nracist/Equity Policy Effect:
S trategic Priories and Values: