HomeMy WebLinkAbout2024.05.09 PCAPPLANNING COMMISSION
CITY OF BROOKLYN CENTER
REGULAR MEETING
May 9, 2024
Optional public access to the Webex meeting is below:
Online: logis.webex.com | Phone: (312) 535-8110
Meeting Number (Access Code): 2630 082 8737
Passcode: BCPC05092024
1. Call to Order — 7 p.m.
2. Roll Call
3. Approval of Agenda
a. Motion to Approve Regular Meeting Agenda for May 9, 2024
4. Chairperson’s Explanation
The Planning Commission is an advisory body. One of the Commission's functions is to hold
public hearings. In the matters concerned in these hearings, the Commission makes
recommendations to the City Council. The City Council makes all final decisions in these matters.
5. Planning Items
a. Planning Commission Application No. 2024-008 (PUBLIC HEARING)
Applicant | Property Owner: Independent School District #286 (Brooklyn Center
Community Schools)
Summary: Independent School District #286 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.
b. Planning Commission Application No. 2024-003 (PUBLIC HEARING)
Applicant | Property Owner: Lin Shuang LLC
Address (PID): 5927 John Martin Drive (02-118-21-21-0015)
Summary: Lin Shuang LLC is requesting issuance of a conditional
use permit to allow for a tire installation and auto
detailing shop located in the former Tires Plus tenant
space.
c. Planning Commission Application No. 2024-004 (PUBLIC HEARING)
Applicant | Property Owner: Keshia Deon (Treasure Hunt Early Learning Center) |
Brooklyns Cultural Vill LLC
Address (PID): 6098 Shingle Creek Parkway (02-118-21-12-0015)
PLANNING COMMISSION
CITY OF BROOKLYN CENTER
REGULAR MEETING
May 9, 2024
Optional public access to the Webex meeting is below:
Online: logis.webex.com | Phone: (312) 535-8110
Meeting Number (Access Code): 2630 082 8737
Passcode: BCPC05092024
Summary: Keshia Deon (Treasure Hunt Early Learning Center) is
requesting issuance of a conditional use permit that
would allow for a licensed day care facility (13 or
greater persons) in a tenant space located within the
Shingle Creek Center shopping center.
d. Planning Commission Application No. 2024-005 (PUBLIC HEARING)
Applicant | Property Owner: Bright Futures Child Care and Brookdale Covenant
Church | Brookdale Covenant Church
Address (PID): 5139 Brooklyn Boulevard (10-118-21-11-0010)
Summary: Brookdale Covenant Church and Bright Futures Child
Care are jointly requesting issuance of a conditional use
permit for an existing church, which has been at the
above location since 1955, and a proposed licensed day
care facility (13 or greater persons), to be known as
Bright Futures Child Care.
e. Planning Commission Application No. 2024-006 (PUBLIC HEARING)
Applicant | Property Owner: C Alan Homes LLC
Address (PID): 6025, 6031, 6037, and 6045 Brooklyn Boulevard (03-
118-21-12-0016, 03-118-21-12-0015, 03-118-21-12-
0098, and 03-118-21-12-0087)
Summary: C Alan Homes LLC is requesting review and
consideration for the re-approval of preliminary and
final plats originally approved by the City of Brooklyn
Center in 2020. As the final plat was not recorded with
Hennepin County within one (1) year following City
Council approval, the final plat is considered void and
re-approval of the plat is required per Section 35-8000
(Subdivisions and Planned Unit Developments).
f. Planning Commission Application No. 2024-007 (PUBLIC HEARING)
Applicant | Property Owner: C Alan Homes LLC
Address (PID): 6921, 6927, 6933, 6939 Brooklyn Boulevard (27-119-
21-33-0014, 27-119-21-33-0013, 27-119-2133-0012,
and 27-119-21-33-0011)
Summary: C Alan Homes LLC is requesting review and
consideration for the re-approval of preliminary and
PLANNING COMMISSION
CITY OF BROOKLYN CENTER
REGULAR MEETING
May 9, 2024
Optional public access to the Webex meeting is below:
Online: logis.webex.com | Phone: (312) 535-8110
Meeting Number (Access Code): 2630 082 8737
Passcode: BCPC05092024
final plats originally approved by the City of Brooklyn
Center in 2020. As the final plat was not recorded with
Hennepin County within one (1) year following City
Council approval, the final plat is considered void and
re-approval of the plat is required per Section 35-8000
(Subdivisions and Planned Unit Developments).
6. Discussion
a. City Council Updates | Upcoming Planning Commission Applications
7. Adjournment
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
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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
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
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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
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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
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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
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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
PC 05/09/2024
Page 10
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
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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
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
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, 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
App. No. 2024-006
PC 05/09/2024
Page 1
Planning Commission Report
Meeting Date: May 9, 2024
Application No. 2024-006
Applicant: C Alan Homes LLC
Location: 6000 Block of Brooklyn Boulevard (6025, 6031, 6037, and 6045 Brooklyn
Boulevard)
Request: Preliminary and Final Plat (Re-approval)
Map 1. Subject Property.
REQUESTED ACTION
C Alan Homes LLC (“The Applicant”) is requesting re-approval of a preliminary and final plat for
ROBERTSON AND BREKKE BROOKLYN BOULEVARD ADDITION (Exhibit A), which was initially approved by
City Council under Planning Commission Application No. 2020-004 and City Council Resolution No. 2020-
067—refer to Exhibit B. Said application also included requests for approval of a site and building plan
and establishment of a Planned Unit Development for a series of seven (7) triplexes and related site
improvements on what was formerly land owned by the City of Brooklyn Center Economic Development
Authority (EDA), and commonly addressed as 6025, 6031, 6037, and 6045 Brooklyn Boulevard (“The
Subject Property”).
Although the Applicant successfully purchased the Subject Property in late 2020, and a single Purchase
• Application Filed: 04/09/2024
• Review Period (60-day) Deadline: 06/08/2024
• Extension Declared: No
• Extended Review Period Deadline:
App. No. 2024-006
PC 05/09/2024
Page 2
and Development Agreement was executed for what were two sets of properties intended for a
scattered site triplex development, the Applicant and Property Owner ran into delays with the Subject
Property, which was the first to go under construction. This was following a request by Hennepin County
that certain property contained within the plat be quit claimed to the County for right-of-way purposes.
This resulted in the need for a partial release of the Purchase and Development Agreement and
Declaration of Restrictive Covenants and Quit Claim Deed for this property in March 2022.
In total, the Subject Property, known as “the South Site” (refer to Planning Commission Application No.
2020-004) and North Site (refer to Planning Commission Application No. 2020-005 and City Council
Resolution No. 2020-068) were to provide a total of 13 triplexes and 39 dwelling units.
It was during this time frame that the Applicant’s lender stopped funding the project and the Applicant
entered into two years of litigation to keep the development afloat. The request for re-approval of the
preliminary and final plats is more imminent at this time as the Applicant and Property Owner recently
entered into a voluntary foreclosure proceeding with a short redemption period.
The Applicant has indicated that they are now in the process of re-financing the project and have
partnered with developer Devean George; however, the preliminary and final plats require a re-approval
from the City and the Applicant will also separately require approval of an Amended Development
Agreement as they are currently in default given the project was not completed within the timeframe
outlined.
It should be noted that, Development Agreement aside, the long overdue re-plat would help address
certain issues, including the presence of two triplex buildings on one (1) parcel of land, where there
should be one (1) parcel per triplex.
Map 2. Subject Property with Triplexes (Under Construction).
App. No. 2024-006
PC 05/09/2024
Page 3
Due to the nature of the requests, 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
located in vicinity of the Subject Property, and public hearing notice uploaded to the City’s 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. City staff is in receipt of one public received by email (to
date).
Since the original approvals, a new Unified Development Ordinance has been adopted (January 2023).
As such, City staff went ahead and reviewed the preliminary and final plats against the updated
provisions.
City staff has been in communication with the Applicant’s surveyor, W Brown Land Surveying, who
prepared the preliminary and final plats for ROBERTSON AND BREKKE BROOKLYN BOULEVARD
ADDITION. It should be noted that the attached final plat had already been approved by Hennepin
County for filing, but was not recorded within the designated timeframe. In reviewing County filings, City
staff further confirmed that the easements vacated in conjunction with the original plat approvals in
2020 were filed with the County (Exhibit B). These include certain sidewalk, maintenance, and utility
easements located on three of the four existing parcels.
Site Data
2040 Land Use Plan: N-MU (Neighborhood Mixed Use)
Neighborhood: Kylawn
Current Zoning: MX-N1 (Neighborhood Mixed-Use) District
Site Area: 1.65 acres
Surrounding Area
Direction 2040 Land Use Plan Zoning Existing Land Use
North Neighborhood
Mixed-Use
MX-N2 (Neighborhood
Mixed-Use)
Undeveloped (Under Construction
– Wangstad Commons)
South Low-Density
Residential
R1 (Low Density Residential) Single Family Detached
East Neighborhood
Mixed-Use
MX-N2 (Neighborhood
Mixed Use)
Brooklyn Boulevard | Commercial
West Low-Density
Residential
R1 (Low Density Residential) Single Family Detached
Note: The Subject Property is located within the identified Brooklyn Boulevard Overlay District under
the 2040 Comprehensive Plan.
PRELIMINARY AND FINAL PLAT (RE-APPROVAL)
The preliminary and final plat for what would be known as ROBERTSON AND BREKKE BROOKLYN
BOULEVARD ADDITION would subdivide four (4) existing parcels into seven (7) new parcels and an outlot
to accommodate the seven (7) triplexes at the Subject Property located south of 61st Avenue North and
west of Brooklyn Boulevard.
As noted previously, the Applicant and Property Owner ran into delays both with Hennepin County and
with their lender which resulted in their preliminary and final plats, which were approved by City Council
App. No. 2024-006
PC 05/09/2024
Page 4
in 2020, being considered void as outlined under Section 35-8107.5 (Final Plat).
Although the original 2020 plat request contemplated a proposed outlot, City staff had requested that
this be absorbed into proposed lot #7. In reviewing the County approved plat, this has been addressed;
however, the preliminary plat of record was not updated to reflect this change. The removal of the
outlot was intended to provide clarity in terms of maintenance should the Applicant ever sell the Subject
Property and given the shared drive aisle, surface parking, and utilities running along the west side of
the Subject Property.
City staff reached out to the Hennepin County Survey Division and they confirmed they still have the plat
information on file; however, because two (2) years have passed since the initial approval, they would
require updated/current title work, which the City also requires, as well as the most recent copy of the
plat.
As part of the 2020 application and review, it was requested that legal descriptions and easement
vacations for all existing easements and certain vacations of existing public easements, as determined
by the City, be submitted. The Applicant shall also provide and maintain a current abstract of title/title
commitment for City Attorney and Hennepin County review.
A 10-foot drainage and utility easement was noted as required for dedication around the entire
perimeter of the Subject Property. An additional utility easement shall be dedicated on the plat to allow
for any future maintenance of private water mains and sanitary sewer per Development Agreement
requirements. The plat approved by the County denotes Drainage and Utility Easements to be dedicated
along the west side of the Subject Property for infrastructure, as well as a detailing noting a 10-foot wide
easement for adjoining right-of-way (ROW), unless otherwise indicated, and a 5-foot wide easement
along the adjoining lot lines.
Former Assistant City Engineer, Andrew Hogg, initially reviewed plans and provided a memorandum and
a redlined set of comments, dated August 17, 2020 (Exhibit D). All engineering comments were to be
addressed. In reviewing the preliminary and final plat for ROBERTSON AND BREKKE BROOKLYN
BOULEVARD ADDITION, as well as County records, it was noted that certain trail easement did not
appear to be reflected on the plat. Given the work conducted along Brooklyn Boulevard as part of the
Phase II construction, City staff requested that the plats be updated to reflect the dedication of this
easement and per construction plans on file.
It should be noted that an as-built survey will be required upon project completion, and inspection for
the private site improvements is to be performed by the Applicant’s design/project engineer with
certification required upon project completion.
CONDITIONS OF APPROVAL
City Staff recommends the following conditions be attached to any positive recommendation on the
approval of Planning Commission Application No. 2024-006 for the Subject Property located within the
6000 Block of Brooklyn Boulevard and comprised of 6025, 6031, 6037, and 6045 Brooklyn Boulevard,
and for re-approval of the preliminary and final plats for ROBERTSON AND BREKKE BROOKLYN
BOULEVARD ADDITION:
1. Re-approval of the preliminary and final plats for ROBERTSON AND BREKKE BROOKLYN
BOULEVARD ADDITION are contingent upon the addressing of any remaining comments by
Assistant City Engineer Hogg in his memorandum dated August 17, 2020.
a. The preliminary and final plat shall be further revised to dedicate certain trail easement.
App. No. 2024-006
PC 05/09/2024
Page 5
2. The preliminary plat, final plat, and mylar shall be subject to the provisions as outlined under
Chapter 35 (Unified Development Ordinance), Section 35-8106 (Preliminary Plat) and Section 35-
8107 (Final Plat).
a. The preliminary plat shall be reviewed against the most recent version of the final plat
approved by Hennepin County and updated accordingly.
b. The preliminary plat shall be updated to reflect the existing zoning classification and
total approximate acreage.
3. Any comments and/or requirements as provided by Hennepin County.
4. Any comments and/or requirements from the City Attorney’s office, and specifically regarding
an updated certified abstract of title/title commitment.
5. The successful recording of said plat (mylar) with Hennepin County.
The aforementioned comments are provided based on the information submitted by the Applicant and
Property Owner at the time of this review and specifically for the requested preliminary and final plat
for ROBERTSON AND BREKKE BROOKLYN BOULEVARD ADDITION. Other guarantees and site
development conditions may be further prescribed throughout the project as warranted and
determined by the City.
RECOMMENDATION
Based on the above noted findings and conditions above, City staff recommends the Planning
Commission recommend City Council approval of Planning Commission Application No. 2024-006 for
the requested re-approval of the preliminary and final plat for ROBERTSON AND BREKKE BROOKLYN
BOULEVARD ADDITION for the Subject Property located on what is currently known as 6025, 6031,
6037, and 6045 Brooklyn Boulevard, based on the findings of fact and subject to the Applicant
complying with the Conditions of Approval as noted above.
Attachments
Exhibit A- Planning Application No. 2024-006 and documentation, submitted by C Alan Homes, LLC, and
dated April 9, 2024.
Exhibit B- City Council Resolution Nos. 2020-067 and 2020-091, and Hennepin County Document No.
5773408 for notice of Completion of Vacation Proceedings.
Exhibit C- Public Hearing Notice, dated April 25, 2024, as published in the Brooklyn Center Sun Post, and
public comments (to date).
Exhibit D- Memorandum and Exhibits, prepared by Assistant City Engineer Andrew Hogg, and dated
August 17, 2020 for Planning Commission Application No. 2020-004.
Exhibit A
To: City Council Members
From: Terry Robertson
With: C Alan Homes, LLC
Re: Development Agreement
City Council Members,
We wanted to reach out to you to request having our Developer Agreement extended to allow our company to
finish the Development located at 61st and Brooklyn Blvd and 69th and Brooklyn Blvd. Our Development was de-
railed by the lender when they stopped funding our project under the guise of claiming they did not know there
was infrastructure on the project. The City staff at the time quickly exposed them for being less than honest.
Infrastructure is on all the plans, the proforma, they paid the infrastructure bills, convinced us to do the
infrastructure in a piece meal fashion instead of finishing all the work at once and they monitored the project on a
weekly basis. Thus overseeing the infrastructure. What followed was 2 years of litigation where we spent over
$200,000 fighting to keep our Development from being taken from us. We fought because we did not do anything
to be in default. Ultimately, after a prolonged fight they agreed to give the project back to us. We are now in the
process of getting it refinanced. We signed a voluntary foreclosure in order to stop the bleeding. But it gave us
additional time to get the project funded and beat the foreclosure timeline of June 15th, 2024.
I have secured a successful developer and friend of mine (Devean George) to partner with us in order to get
funded and help push the project through to the finish line. We feel he is a tremendous addition to our team.
When funded this will allow us to pay off subs, pay off the lender and finish the infrastructure at both sites in the
first phase. This should take 3-4 weeks. The second phase will involve finishing the items remaining to get the
certificate of occupancy on the two buildings/6 apartments that are currently constructed. We project this will
take approximately a month. We will then start construction on the remaining 5 buildings/15 apartments on 61st
and Brooklyn Blvd. We will start three of the five and when we get to interior rough in we will start the remaining
two buildings. Building the 5 buildings/15 apartments will take approximately 1 year. We will try and start
construction on the 6900 Block site right after we get the remaining two buildings at the first site framed. Our
excavators, concrete crews and framers will be scheduled to move from the first site immediately after digging,
concrete work and framing down to the second site to start the 6900 site in that order. If we plan it right, we
should be able to button up the complete development (39 Luxury apartments) within 18-20 months.
Our team is prepared to get the final plats signed off on as soon as we can get the Council’s approval to move
forward on finishing the project. We feel with the addition of Devean George to our team it will bring an added
expertise to the project. Also, the lenders we are interviewing now have all been vetted better than we did before
with the previous lender. So, we don’t anticipate any problems from the new lender.
We have fought with our time and money to try and see this project (our vision) through to the end. We believe
this will help give the City of Brooklyn Center a higher profile around the Twin Cities. We look forward to seeing
this project to completion.
Terry Robertson
President
C Alan Homes, LLC
763-228-1785
Exhibit B
1
Member Graves introduced the following resolution and moved its adoption:
RESOLUTION NO. 2020-091
A RESOLUTION VACATING CERTAIN EASEMENTS WITHIN LOT 4, BLOCK 5,
WANGSTAD’S BROOKLYN TERRACE, HENNEPIN COUNTY, MINNESOTA AND LOT 1,
BLOCK 1, PEARSON’S NORTHPORT 3RD ADDITION, HENNEPIN COUNTY, MINNESOTA
WHEREAS, the Planning Commission has recommended approval for the plat entitled
Robertson and Brekke’s Brooklyn Boulevard First Addition (the “Plat”) based on certain conditions as
set forth in the City Council Resolution No. 2020-067 and Planning Commission Resolution No. 2020-
005; and
WHEREAS, the Plat includes certain real property situated in Hennepin County located
at 6031 Brooklyn Blvd; 6037 Brooklyn Blvd; and 6045 Brooklyn Blvd all located within the City of
Brooklyn Center and as legally described on the attached Exhibit A (the “Properties”);
WHEREAS, certain public easements currently exist on the Properties which as a result
of the Plat are either no longer needed, or are being replaced by new easements covering the Properties
within the Plat; and
WHEREAS, the specific easements proposed to be vacated are as legally described
on the attached Exhibit B and as depicted on the attached Exhibit C (collectively the “Vacated
Easements)”:
WHEREAS, after due notice and public hearing, the City Council has determined that
the Vacated Easements will be no longer needed once the Plat is recorded; and the vacation of the
Vacated Easements is in the public interest;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn
Center, Minnesota, that:
1. The City hereby declares that the Vacated Easements described in the attached Exhibit
B and as depicted on the attached Exhibit C are hereby vacated.
2. The City Clerk is directed to prepare a Notice of Completion of Vacation Proceedings
and to record it with the Hennepin County Recorder or Hennepin County Registrar of
Titles, as appropriate; provided, that this resolution will only take effect upon the release
and filing of the final plat of Robertson and Brekke’s Brooklyn Boulevard First Addition,
execution and filing of associated and separate rededicated easements, and upon
execution and filing the subdivision agreement for said associated development.
Adopted this 12th day of October, 2020
2
Mayor Pro Tem
ATTEST: _______________________________
City Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member
Ryan
and upon vote being taken thereon, the following voted in favor thereof:
Butler, Graves, Lawrence-Anderson, Ryan
and the following voted against the same: None
whereupon said resolution was declared duly passed and adopted.
A-1
Exhibit A
Legal description of the Properties
Parcel 1:
Lot 1, except that part thereof which lies Northeasterly of a line run parallel with and distant 42 feet
Southwesterly of the following described line:
From a point on the South line of Section 34, Township 119 North, Range 21 West, distant 1741.08
feet West of the Southeast corner thereof, run Northwesterly at an angle of 68 degrees 01 minutes
52.3 seconds with said South section line for 432.38 feet to the point of beginning of the line to be
described; thence run Southeasterly along the last described course for 100 feet; thence deflect to
the right on a 2 degree 00 minutes curve (delta angle 17 degree 20 minutes 35.2 seconds) for 867.16
feet and there terminating. Block 1, Pearson's Northport 3rd Addition.
Torrens Property
Torrens Certificate No. 1392052.
PID: 0311821120015
Parcel 3:
That part of Lot 4, Block 5, lying South of a line drawn parallel with and distant 138 feet North
of, measured at right angles to, the South line of said Lot 4, Wangstad's Brooklyn Terrace.
Torrens Property
Torrens Certificate No. 1483315.
PID: 0311821120098
Parcel 4:
That part of Lot 4, Block 5 lying North of a line drawn parallel with and distant 138 feet North of,
measured at right angles to, the South line of said Lot 4, Wangstad's Brooklyn Terrace.
Torrens Property
Torrens Certificate No. 1483312.
PID: 0311821120087
B-1
Exhibit B
Legal description of the Vacated Easements
Vacated Easement over Parcel 1:
Lot 1, Block 1, Pearson's Northport Third Addition, according to the duly recorded plat thereof,
situate in Hennepin County, Minnesota, except State Highway, which lies northeasterly of a line run
parallel with and distant 46 feet southwesterly of the following described line:
From a point on the south line of Section 34, Township 119 north, Range 21 west, distant 1741.08
feet west of the southeast corner thereof, run northwesterly at an angle of 68° 01' 52.3" with said
south section line for 432.38 feet to the point of beginning of the line to be described; thence run
southeasterly along the last described course for 100 feet; thence deflect to the right on a 2° 00 curve
delta angle 17° 20' 35.2") for 867.16 feet and there terminating.
Vacated Easement over Parcel 3:
The south 138 feet of Lot 4, Block 5, Wangstad's Brooklyn Terrace Addition, according to the title
of record, Office of the Registrar of Titles, Hennepin county, Minnesota, which lies within a
distance of 10 feet southwesterly of the southwesterly boundary of State Highway No. 152 as now
located and traveled.
Vacated Easement over Parcel 4:
That part of Lot 4, Block 5, Wangstad's Brooklyn Terrace Addition; lying north of a line drawn
parallel with and 138 feet north of as measured at right angles to the south line of said Lot 4,
according to the duly recorded plat thereof, office of the Registrar of Titles, Hennepin county,
Minnesota, which lies within a distance of 5 feet southwesterly of the southwesterly boundary of
State Highway No. 152 as now traveled and located.
C-1
Exhibit C
Depiction of the Vacated Easements
Transfer from:1323697
Certificate Number: 1392052
Originally registered April 22, 1955 Volume: 764, Certificate No: 232063, District Court No: 12294
s.s.Registration
Subject to restrictions created by the record found in Book 2034 of Deeds, page 506;
Subject to drainage, emergency water and utility easements as described in the plat;
Subject to the interests shown by the following memorials and to the following rights or encumbrances set forth in Minnesota
statutes
chapter 508, namely:
1. Liens, claims, or rights arising under the laws or the Constitution of the United States, which the statutes of this state cannot
require to appear of record;
2. Any real property tax or special assessment;
3. Any lease for a period not exceeding three years, when there is actual occupation of the premises under the lease;
4. All rights in public highways upon the land;
5. Such right of appeal or right to appear and contest the application as is allowed by law;
6. The rights of any person in possession under deed or contract for deed from the owner of the certificate of title;
7. Any outstanding mechanics lien rights which may exist under sections 514.01 to 514.17.
Memorials
Document
Number Document Type
Date of Filing
Month Day, Year Time Amount Running in Favor Of
T459044 Order of Court May 5, 1955 8:00 AM
Directing that Judicial Landmark be shown as placed at the Northeast
corner of said lot
T1062481 Easement Feb 22, 1973 10:55 AM
City of Brooklyn Center. Granting an easement for sidewalk purposes
over pt of above land (See Inst)
T1809325 Mortgage Mar 4, 1987 9:00 AM $58,750.00
Residential Financial Corp (a NJ corp)
1445 Valley Road, Wayne, NJ
Created by Document Number:5196899
Certificate of Title
State of Minnesota
County of Hennepin
This is to certify that
Economic Development Authority of Brooklyn Center, Minnesota, whose address is 6301 Shingle Creek Parkway,
Brooklyn Center, Minnesota, 55430;
is now the owner of an estate in fee simple
In the following described land situated in the County of Hennepin and State of Minnesota:
Lot 1, except that part thereof which lies Northeasterly of a line run parallel with and distant 42 feet Southwesterly of the
following described line:
From a point on the South line of Section 34, Township 119 North, Range 21 West, distant 1741.08 feet West of the
Southeast corner thereof, run Northwesterly at an angle of 68 degrees 01 minutes 52.3 seconds with said South section
line for 432.38 feet to the point of beginning of the line to be described; thence run Southeasterly along the last described
course for 100 feet; thence deflect to the right on a 2 degree 00 minutes curve (delta angle 17 degree 20 minutes 35.2
seconds) for 867.16 feet and there terminating. Block 1, Pearson's Northport 3rd Addition.
Page 1 of2CertificateNumber: 1392052 This is a non-certified copy
Martin McCormick
Registrar of Titles,
In and for the County of Hennepin and State of Minnesota.
In Witness Whereof, I have hereunto subscribed my name and
affixed the seal of my office this 2nd day of September, 2014.
Indexes Verified through 8/11/2020
Page 2 of2CertificateNumber: 1392052 This is a non-certified copy
Transfer from:1325024
Certificate Number: 1483315
Originally registered May 17, 1955 Volume: 769, Certificate No: 233667, District Court No: 12479
s.s.Registration
Part of the boundaries of the above plat have been determined and Judicial Landmarks have been set, all pursuant to Torrens
Case No 8655;
Subject to utility easements as shown on the plat;
Subject to the interests shown by the following memorials and to the following rights or encumbrances set forth in Minnesota
statutes
chapter 508, namely:
1. Liens, claims, or rights arising under the laws or the Constitution of the United States, which the statutes of this state cannot
require to appear of record;
2. Any real property tax or special assessment;
3. Any lease for a period not exceeding three years, when there is actual occupation of the premises under the lease;
4. All rights in public highways upon the land;
5. Such right of appeal or right to appear and contest the application, petition, or other proceeding affecting the title, as is allowed
by law;
6. The rights of any person in possession under deed or contract for deed from the owner of the certificate of title;
7. Any outstanding mechanics lien rights which may exist under sections 514.01 to 514.17.
Memorials
Document
Number Document Type
Date of Filing
Month Day, Year Time Amount Running in Favor Of
T625441 Declaration May 4, 1960 12:00 PM
Creating restrictions & conditions & covenants
See Inst)
T661790 Agreement Jul 5, 1961 12:00 PM
Between Homedale Builders, Inc., Fred William Ames &
Ben Holmes & Carol J. Holmes, hus & wf. Amending set-back
requirement as contained in Doc No. 625441
See Inst)
T662452 Order of Court Jul 12, 1961 11:15 AM
Directing that the setback provision contained in Doc No. 625441 has
been modified by agreement contained in Doc No. 661790.
T692814 Agreement Jun 4, 1962 3:10 PM
Between Homedale Builders, Inc. &
Ben Holmes & Carol J. Holmes, hus & wf.
Amending Par 5 in Doc No. 625441
See Inst)
T914924 Final Certificate Jul 17, 1968 2:00 PM
State of Minnesota: Acquiring certain easements and rights for trunk
highway purposes over part of above land.
Parcel 25
Created by Document Number:5609800
Certificate of Title
State of Minnesota
County of Hennepin
This is to certify that
Economic Development Authority of Brooklyn Center, Minnesota, a MN public body corporate and politic, whose address
is 6301 Shingle Creek Parkway, Brooklyn Center, Minnesota, 55429;
is now the owner of an estate in fee simple
In the following described land situated in the County of Hennepin and State of Minnesota:
That part of Lot 4, Block 5, lying South of a line drawn parallel with and distant 138 feet North of, measured at right angles
to, the South line of said Lot 4, Wangstad's Brooklyn Terrace
Page 1 of2CertificateNumber: 1483315 This is a non-certified copy
Memorials
Document
Number Document Type
Date of Filing
Month Day, Year Time Amount Running in Favor Of
T1032875 Easement Jun 2, 1972 11:10 AM
City of Brooklyn Center. Granting an easement for
sidewalk purposes &c over pt of above land.
See Inst)
T1484376 Amendment Oct 7, 1982 10:00 AM
State of Minnesota. For highway purposes
Parcel No. 35.
Amending Doc No. 914924.
T2035836 Quit Claim Deed Aug 29, 1989 10:00 AM County of Hennepin from State of Minnesota for highway purposes
Land in Doc No. 1484376.
T5609799 Memorial Plat May 2, 2019 9:00 AM Regarding location of judicial landmarks.
Martin McCormick
Registrar of Titles,
In and for the County of Hennepin and State of Minnesota.
In Witness Whereof, I have hereunto subscribed my name and
affixed the seal of my office this 2nd day of May, 2019.
Indexes Verified through 8/11/2020
Page 2 of2CertificateNumber: 1483315 This is a non-certified copy
Transfer from:1314308
Certificate Number: 1483312
Originally registered May 17, 1955 Volume: 769, Certificate No: 233667, District Court No: 12479
s.s.Registration
Part of the boundaries of the above plat have been determined and Judicial Landmarks have been set, all pursuant to Torrens
Case No 8655;
Subject to utility easements as shown on plat;
Subject to the interests shown by the following memorials and to the following rights or encumbrances set forth in Minnesota
statutes
chapter 508, namely:
1. Liens, claims, or rights arising under the laws or the Constitution of the United States, which the statutes of this state cannot
require to appear of record;
2. Any real property tax or special assessment;
3. Any lease for a period not exceeding three years, when there is actual occupation of the premises under the lease;
4. All rights in public highways upon the land;
5. Such right of appeal or right to appear and contest the application, petition, or other proceeding affecting the title, as is allowed
by law;
6. The rights of any person in possession under deed or contract for deed from the owner of the certificate of title;
7. Any outstanding mechanics lien rights which may exist under sections 514.01 to 514.17.
Memorials
Document
Number Document Type
Date of Filing
Month Day, Year Time Amount Running in Favor Of
T914924 Final Certificate Jul 17, 1968 2:00 PM
State of Minnesota. For highway purposes
Parcel No 36
T1060420 Easement Jan 26, 1973 3:30 PM
City of Brooklyn Center. Granting an easement for sidewalk purposes
over pt of above land (See Inst)
T2035836 Quit Claim Deed Aug 29, 1989 10:00 AM
County of Hennepin from State of Minnesota for highway purposes.
Land in Doc No 1484376
T5609799 Memorial Plat May 2, 2019 9:00 AM Regarding location of judicial landmarks.
Created by Document Number:5609800
Certificate of Title
State of Minnesota
County of Hennepin
This is to certify that
Economic Development Authority of Brooklyn Center Minnesota a Minnesota body corporation and politic, whose address
is 6301 Shingle Creek Parkway, Brooklyn Center, Minnesota, 55430
is now the owner of an estate in fee simple
In the following described land situated in the County of Hennepin and State of Minnesota:
That part of Lot 4, Block 5 lying North of a line drawn parallel with and distant 138 feet North of, measured at right angles
to, the South line of said Lot 4, Wangstad's Brooklyn Terrace
Page 1 of2CertificateNumber: 1483312 This is a non-certified copy
Martin McCormick
Registrar of Titles,
In and for the County of Hennepin and State of Minnesota.
In Witness Whereof, I have hereunto subscribed my name and
affixed the seal of my office this 2nd day of May, 2019.
Indexes Verified through 8/11/2020
Page 2 of2CertificateNumber: 1483312 This is a non-certified copy
Exhibit C
From: Luba Evarts
Sent: Thursday, May 9, 2024 5:57 AM
To: Ginny McIntosh
Subject: C Alan homes
Council members
I would like to open this letter by reminding our Mayor of an article dated Nov. 2023 about how
frustrated she was with the planning process and was quoted as saying
"It doesn't feel like you've listened"
to Mike Lindberg of MNDOT.
When this was first proposed I was very against the overcrowding (as I see it) of my neighborhood, still
am. Please understand that I am not against the development of this property, I am against the
overcrowding, the lack of parking, the lack of green space that would be available to the residents. It
was proposed to have 30 parking spaces available for 18 residences. I believe the city of Brooklyn center
requires 2 parking spaces per residence. You, city of Brooklyn center council members has rejected
other housing proposals because of parking issues. This was an office building to change into an
apartment building, but was rejected for concerns of parking. And a couple other things.
Yet you council members passed this ridiculousness. You city council members, shut us down - you did
not take into consideration our concerns.
It doesn't feel like you've listened.
Hmmmm
C Alan homes seems to be having a difficult time finishing the first two (of seven) buildings at 60th and
Brooklyn Blvd. It has been 4 YEARS since it has begun and but not yet completed or opened for rent.
Their reliability is questionable. This is such a disservice to our community. I really don't want to live in a
continuous construction zone. If it takes 4 + years to complete 2 triplexes, how long will it take to
complete 7? Or 13?
And why can't I attend a meeting
IN PERSON????
A concerned 30+ year resident
Luba Evarts
M E M O R A N D U M
DATE: August 17, 2020
TO: Ginny McIntosh, City Planner/Zoning Administrator
FROM: Andrew Hogg, Assistant City Engineer
SUBJECT: Preliminary Site Plan & Plat Review – Revised
Brooklyn Boulevard 6000 Brooklyn Blvd Tri-plexes
Public Works staff reviewed the following documents submitted for review for the proposed 6000
Brooklyn Blvd Tri-plexes (Planning Commission Application No. 2020-004):
Preliminary Plans and plat submitted 07/24/2020
Subject to final staff Site Plan approval, the referenced plans must be revised in accordance with the
following comments/revisions and approved prior to issuance of Land Alteration permit.
C000 Title Sheet
1. No comments.
C100 Removals Plan
2. Right of Way along Brooklyn Blvd is owned by Hennepin County. Obtain necessary permits
prior to work with in Hennepin County Right of Way.
3. Protect existing bus stop sign along Brooklyn Blvd. Coordinate with Metro Transit to maintain
bus service.
4. Remove the existing sidewalk from bus stop to south end of property.
5. Remove curb for proposed concrete drive to Brooklyn Blvd.
6. Remove existing service stubs to back of curb along Brooklyn Blvd.
7. Removal for utility connections in street shall extent curb to curb or to drive lane, no partial
width removals.
C200, 202 and 202 – SWPPP Plans
8. No comments.
C210 and 211 – Erosion Control Plans
9. No comments.
C300 – Site Plan
10. Need to provide parallel sidewalk along back side of new curb.
11.All utilities and storm water management facilities to be within a drainage & utility easement.
12. Remove curb bump outs or relocate to property lines.
13. Add No Right Turn sign on Brooklyn Blvd for south exit.
14. Show location of ADA stalls & access routes.
15. Only 40 stalls shown on plans (lost 2 for trash) – should provide 2.5 stalls per unit.
16. Reduce width of exit to 1 lane of traffic (12’-15’ or 20’ if part of emergency access route).
17. Eliminate southern lot (incorporate into most southern building lot).
18.Site triangles at entrance/exits of development shall be free and clear of any obstructions.
Exhibit D
PC Review Memo (Revised), August 17, 2020
19. Provide detailed vehicle turning and tracking movement diagrams for delivery vehicles and
garbage trucks demonstrating specific and actual routes.
20. Use City Detail for City driveway aprons.
21. Developer removes the existing sidewalk and installs a 1.5" bituminous trail to ensure that their
grading and elevations work. There is approximately 375’ of trail from the south property line to
the bus stop pull off. The City Brooklyn Blvd Project will then install the final 1.5" bituminous
lift on the trail and the pedestrian curb ramp at 61st Avenue with the road project.
C400 – Grading and Drainage Plan
22. All city roadway embankment material installed within pavement patching areas of existing
roadways shall be placed in lifts not to exceed 8-inches and compacted to a minimum of 100
percent of maximum density regardless of depth below the final pavement surface. The
Engineer shall take a minimum of three (3) compaction tests at varying elevations within the
pavement patch area.
23. Provide retaining wall elevations/grades.
24. Retaining walls over 3’ in height need to be certified by engineer and must include a safety
railing/fence.
25. Verify constructability of OCS4, CBMH5 & CBMH6 with 36” pipe.
26. Verify that OCS4 to CBMH6 can be constructed without encroaching on adjacent property.
27. Storm sewer & infiltration areas to be privately owned & maintained.
28. Elevations on OCS8 are not correct/match up with detail.
29. Adjust elevations of the FES’s to match basin bottom elevations.
30. There appears to be a number of typos in the spot elevations & slopes, please review & adjust
accordingly.
C500 – Utility Plan
31. 8” watermain to be looped out to Brooklyn Blvd.
32. Provide separate service line to each bldg. or provide joint maintenance agreements for service
lines.
33. They don’t make 2” DIP, adjust water main notes accordingly.
34. All on-site utility lines to be privately owned and maintained.
35. Verify water service sizes.
36. Provide on-site fire hydrant.
37. They don’t make a 12.5 degree watermain bend.
38. Minimum sanitary sewer service pipe size to be 4”.
39. Extend sanitary line and move Sanitary Manhole #10 overtop of existing main for connection
location.
40. All improvements installed within public rights of way shall be constructed to City
specifications/details.
C900, 901, 902 and 903 – Details
41. All work performed and materials used for construction of utilities must conform to the City
standard specifications and details. The City’s standard details must be included in the plan.
42. Update to use current City plates.
PC Review Memo (Revised), August 17, 2020
Preliminary Plat/Final
43. Drainage & Utility easements shall be adjusted to cover all shared/common utility lines (sanitary
sewer, watermain, storm sewer) along with any storm water management features.
44. City & County will review permanent rights of way and easement needs along Brooklyn Blvd
(Plats to be reviewed by Hennepin County Engineer).
45. Provide required separate cross access/cross parking easements.
46. Provide required separate trail & sidewalk easements.
47. Change Bloomington to Brooklyn Center in signature areas.
48. It appears that all property is Torrens, adjust Document block and signature blocks accordingly
49. Combine Outlot A with Lot 7.
50. Label & dimension proposed rights of way dedications
51. Change dedication language to include rights of way dedications
52. Need working copy of the preliminary plat to show all vacated easements, proposed easements,
existing and proposed utilities and provide all easement documents for the City for review. A 10’
drainage and utility easement must be dedicated on the plat around the entire perimeter of the
site. An additional utility easement must be dedicated on the plat for the private water main and
sanitary to allow for maintenance access per the Developers Agreement.
53. Legal descriptions and easement vacation documents must be obtained for all existing
easements. Existing public easements as determined by the City must be vacated, and proposed
easements must be dedicated as part of the preliminary and final platting process. The formal
vacation document must contain an easement vacation description and depiction exhibit signed
by a professional surveyor.
54. An updated certified abstract of title or registered property report must be provided to the City
Planner and City Attorney for review at the time of the preliminary plat application (within 30
days of preliminary plat application). Additionally, this will need to stay current and be updated
through the approval process as required to maintain and be current within 30 days of the release
of final plat.
55. The applicant is responsible for coordinating site development plans with Xcel Energy,
CenterPoint Energy, Qwest Communications and other private utility companies. Any further
easements necessary to provide utility service to the proposed site development shall be
dedicated to the public for public use with the final plat.
56. Provide right-out only at southern property line. This access must be documented in the PUD
agreement for this parcel and the necessary cross access agreements will be required. This
access is to be limited to right-out only with future Brooklyn Blvd reconstruction project that
will include a raised center median.
Miscellaneous
57. See redlines for additional site plan comments.
58. Provide landscape and irrigation plan.
59. Provide share access agreement and easement at south property line incase properties south of
plan are redeveloped.
PC Review Memo (Revised), August 17, 2020
60. Upon project completion, the applicant must submit an as-built survey of the property,
improvements and utility service lines and structures; and provide certified record drawings of all
project plan sheets depicting any associated private and/or public improvements, revisions and
adjustments prior to issuance of the certificate of occupancy. The as-built survey must also verify
that all property corners have been established and are in place at the completion of the project as
determined and directed by the City Engineer.
61. Inspection for the private site improvements must be performed by the developer’s design/project
engineer. Upon project completion, the design/project engineer must formally certify through a
letter that the project was built in conformance with the approved plans and under the
design/project engineer’s immediate and direct supervision.(see attached template letter) The
engineer must be certified in the State of Minnesota and must certify all required as-built
drawings (which are separate from the as-built survey).
62. The total disturbed area exceeds one acre; an NPDES permit is required. In addition, the total
disturbed area is less than five acres. The applicant has submitted plans to the City of Brooklyn
Center for project review on behalf on the Shingle Creek Watershed Commission. Provide an
updated storm water plan that meets the requirements of the Shingle Creek Watershed Commission
by revising the proposed 100yr storm event to below the existing run-off rate. Basin/storage must
drain down in 48 hours.
63. The City has submitted the plans to Hennepin County for review. Applicant must meet
requirements from Hennepin County’s review.
64. Utility Facilities Easement Agreement required.
Prior to issuance of a Land Alteration
65. Final construction/demolition plans and specifications need to be received and approved by the
City Engineer in form and format as determined by the City. The final plan must comply with the
approved preliminary plan and/or as amended by the City Engineer.
66. A letter of credit or a cash escrow in the amount of 100% of the estimated cost as determined b y
City staff shall be deposited with the City.
67. During construction of the site improvements, and until the permanent turf and plantings are
established, the developer will be required to reimburse the City for the administration and
engineering inspection efforts. Please submit a deposit of $2,500 that the City can draw upon
on a monthly basis.
68. A construction management plan and agreement is required that addresses general construction
activities and management provisions, traffic control provisions, emergency management
provisions, storm water pollution prevention plan provisions, tree protection provisions, general
public welfare and safet y provisions, definition of responsibilit y p rovisions, temporary parking
provisions, overall site condition provisions and non-compliance provisions. A separate $2,500
deposit will be required as part of the non-compliance provision.
Anticipated Permitting:
69. A City of Brookl yn Center Land Disturbance Permit is required.
PC Review Memo (Revised), August 17, 2020
70. Applicant to obtain required permits to work in County right-of-way.
71. A MPCA NPDES permit is required.
72. Conditions specified by the City to meet the requirements of the Shingle Creek Watershed
Commission must be met.
73. Other permits not listed may be required and is the responsibility of the developer to obtain and
warrant.
74. Copies of all required permits must be provided to the City prior to issuance of applicable
building and land disturbance permits.
75. A preconstruction conference must be scheduled and held with City staff and other entities
designated by the City.
The aforementioned comments are provided based on the information submitted by the applicant at
the time of this review. Other guarantees and site development conditions may be further
prescribed throughout the project as warranted and determined b y the City.
App. No. 2024-007
PC 05/09/2024
Page 1
Planning Commission Report
Meeting Date: May 9, 2024
Application No. 2024-007
Applicant: C Alan Homes LLC
Location: 6900 Block of Brooklyn Boulevard (6921, 6927, 6933, and 6939 Brooklyn
Boulevard)
Requests: Preliminary and Final Plat (Re-approval)
Map 1. Subject Property Location.
REQUESTED ACTION
C Alan Homes LLC (“The Applicant”) is requesting re-approval of a preliminary and final plat for
ROBERTSON AND BREKKE BROOKLYN BOULEVARD SECOND ADDITION (Exhibit A), which was initially
approved by City Council under Planning Commission Application No. 2020-005 and City Council
Resolution No 2020-068—refer to Exhibit B. Said application also included requests for approval of a site
and building plan and establishment of a Planned Unit Development for a series of six (6) triplexes and
related site improvements on what was formerly land owned by the City of Brooklyn Center Economic
Development Authority (EDA), and commonly addressed as 6921, 6927, 6933, and 6939 Brooklyn
Boulevard (“The Subject Property”).
• Application Filed: 04/09/2024
• Review Period (60-day) Deadline: 06/08/2024
• Extension Declared: No
• Extended Review Period Deadline:
App. No. 2024-007
PC 05/09/2024
Page 2
Although the Applicant successfully purchased the Subject Property in late 2020, and a single Purchase
and Development Agreement was executed for both sets of properties, the Applicant ran into delays on
the South Site, which was the first to go under construction. This was following a request by Hennepin
County that certain property contained within the plat be quit claimed to the County for right-of-way
purposes. This resulted in the need for a partial release of the Purchase and Development Agreement
and Declaration of Restrictive Covenants and Quit Claim Deed for this property in March 2022.
In total, the Subject Property, known as “the North Site” (refer to Planning Commission Application No.
2020-005) and South Site (refer to Planning Commission Application Nos. 2024-006 and 2020-004) were
to provide a total of 13 triplexes and 39 dwelling units.
It was during this time frame that the Applicant’s lender stopped funding the project and the Applicant
entered into two years of litigation to keep the development afloat. The request for re-approval of the
preliminary and final plats is more imminent at this time as the Applicant and Property Owner recently
entered into a voluntary foreclosure proceeding with a short redemption period.
The Applicant has indicated that they are now in the process of re-financing the project and have
partnered with developer Devean George; however, the preliminary and final plats require a re-approval
from the City and the Applicant will also separately require approval of an Amended Development
Agreement from City Council as they are currently in default given the project was not completed within
the timeframe outlined.
Due to the nature of the requests, 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
located in vicinity of the Subject Property, and public hearing notice uploaded to the City’s 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. To date, the City is in receipt of two emails from the
general public.
Since the original approvals, a new Unified Development Ordinance has been adopted (January 2023).
As such, City staff went ahead and reviewed the preliminary and final plats against the updated
provisions.
City staff has been in communication with the Applicant’s surveyor, W Brown Land Surveying, who
prepared the preliminary and final plats for ROBERTSON AND BREKKE BROOKLYN BOULEVARD SECOND
ADDITION. The attached final plat had already been approved by Hennepin County for filing. In
reviewing County filings, City staff further confirmed that certain easements vacated in conjunction with
the original plat approvals in 2020 were filed with the County (Exhibit B). These include a 4-foot wide
sidewalk easement, as well as certain drainage and utility easements.
Site Data
2040 Land Use Plan: N-MU (Neighborhood Mixed-Use)
Neighborhood: Willow Lane
Current Zoning: MX-N2 (Neighborhood Mixed-Use) District
Site Area: 0.88 acres
App. No. 2024-007
PC 05/09/2024
Page 3
Surrounding Area
Direction 2040 Land Use Plan Zoning Existing Land Use
North High Density Residential
(HDR)
R5 (High Density Residential) Apartments
South Neighborhood-Mixed
Use (N-MU)
PUD/C2 (Planned Unit
Development/Commerce)
Commercial
East Right-of-Way |
Neighborhood Mixed-
Use (N-MU)
Right-of-Way (ROW) | Planned
Unit Development/Commerce
(PUD/C2) | Neighborhood
Mixed-Use (MX-N2)
Right-of-Way (Brooklyn
Boulevard) | Commercial |
Undeveloped (City EDA
Land)
West Low Density Residential
(LDR)
R1 (Low Density Residential) Single Family Detached
Note: The Subject Property is located within the identified Brooklyn Boulevard Overlay District under
the 2040 Comprehensive Plan.
PRELIMINARY AND FINAL PLAT (RE-APPROVAL)
The proposed preliminary and final plat for what would be known as ROBERTSON AND BREKKE
BROOKLYN BOULEVARD SECOND ADDITION would subdivide four (4) lots into six (6) new parcels to
accommodate the six (6) triplexes at the Subject Property located just north of 69th Avenue North and
west of Brooklyn Boulevard.
As noted previously, the Applicant and Property Owner ran into delays both with Hennepin County and
with their lender which resulted in their preliminary and final plats, which were approved by City Council
in 2020, being considered void as outlined under Section 35-8107.5 (Final Plat). City staff reached out
Hennepin County Survey Division and they confirmed they still have the plat information on file;
however, because two (2) years have passed since the initial approval, they would require
updated/current title work, which the City also requires, as well as the most recent copy of the plat.
As part of the 2020 application and review, it was requested that legal descriptions and easement
vacations for all existing easements and certain vacations of existing public easements, as determined
by the City, be submitted.
Former Assistant City Engineer, Andrew Hogg, initially reviewed the plats and provided a
memorandum and redlined set of comments, dated August 17, 2020 (Exhibit D). A 10-foot drainage and
utility easement was noted as required for dedication around the entire perimeter of the Subject
Property. An additional utility easement shall be dedicated on the plat to allow for any future
maintenance of private water mains and sanitary sewer per Development Agreement requirements.
City staff conducted an updated review of the plats to ensure all comments have been addressed.
In reviewing the 4-foot sidewalk easement vacated, City staff requested the surveyor ensure no
new sidewalk easement is required. In reviewing the plats and aerials of the property, it appears the
sidewalk is entirely located within right-of-way.
The plat approved by the County denotes Drainage and Utility Easements to be dedicated along the
west side of the Subject Property for infrastructure, as well as a detailing noting a 10-foot wide
easement for adjoining right-of-way (ROW), unless otherwise indicated, and a 5-foot wide easement
along the adjoining lot lines. The final plat provided, which had been approved by Hennepin County,
App. No. 2024-007
PC 05/09/2024
Page 4
appears to reflect this.
It should be noted that an as-built survey will be required upon project completion, and inspection for
the private site improvements is to be performed by the Applicant’s design/project engineer with
certification required upon project completion.
CONDITIONS OF APPROVAL
City Staff recommends the following conditions be attached to any positive recommendation on the
approval of Planning Commission Application No. 2024-007 for the Subject Property located within the
6900 Block of Brooklyn Boulevard and comprised of 6921, 6927, 6933, and 6939 Brooklyn Boulevard,
and for re-approval of the preliminary and final plats for ROBERTSON AND BREKKE BROOKLYN
BOULEVARD SECOND ADDITION:
1.Re-approval of the preliminary and final plats for ROBERTSON AND BREKKE BROOKLYN
BOULEVARD SECOND ADDITION are contingent upon the addressing of any remaining
comments by Assistant City Engineer Hogg in his memorandum dated August 4, 2020.
2.The preliminary plat, final plat, and mylar shall be subject to the provisions as outlined under
Chapter 35 (Unified Development Ordinance), Section 35-8106 (Preliminary Plat) and Section 35-
8107 (Final Plat).
a.Preliminary plat shall be reviewed against the most recent version of the final plat
approved by Hennepin County and updated accordingly.
b.Preliminary plat shall be updated to reflect the existing zoning classification and total
approximate acreage.
3.Any comments and/or requirements as provided by Hennepin County.
4.Any comments and/or requirements from the City Attorney’s office, and specifically regarding
an updated certified abstract of title/title commitment.
5.The successful recording of said plat (mylar) with Hennepin County.
The aforementioned comments are provided based on the information submitted by the Applicant and
Property Owner at the time of this review and specifically for the requested preliminary and final plat
for ROBERTSON AND BREKKE BROOKLYN BOULEVARD SECOND ADDITION. Other guarantees and site
development conditions may be further prescribed throughout the project as warranted and
determined by the City.
RECOMMENDATION
Based on the above noted findings and conditions above, City staff recommends the Planning
Commission recommend City Council approval of Planning Commission Application No. 2024-007 for
the requested re-approval of the preliminary and final plat for ROBERTSON AND BREKKE BROOKLYN
BOULEVARD SECOND ADDITION for the Subject Property located on what is currently known as 6921,
6927, 6933, and 6939 Brooklyn Boulevard, based on the findings of fact and subject to the Applicant
complying with the Conditions of Approval as noted above.
Attachments
Exhibit A- Planning Application No. 2024-007 and documentation, submitted by C Alan Homes, LLC, and
dated April 9, 2024.
Exhibit B- City Council Resolution Nos. 2020-068, 2020-092, and copy of Hennepin County Recorded
Document No. 5773522.
App. No. 2024-007
PC 05/09/2024
Page 5
Exhibit C- Public Hearing Notice, dated April 25, 2024, as published in the Brooklyn Center Sun Post, and
public comments (to date).
Exhibit D- Memorandum and Exhibits, prepared by Assistant City Engineer Andrew Hogg, and dated
August 17, 2020 for Planning Commission Application No. 2020-005.
Exhibit A
To: City Council Members
From: Terry Robertson
With: C Alan Homes, LLC
Re: Development Agreement
City Council Members,
We wanted to reach out to you to request having our Developer Agreement extended to allow our company to
finish the Development located at 61st and Brooklyn Blvd and 69th and Brooklyn Blvd. Our Development was de-
railed by the lender when they stopped funding our project under the guise of claiming they did not know there
was infrastructure on the project. The City staff at the time quickly exposed them for being less than honest.
Infrastructure is on all the plans, the proforma, they paid the infrastructure bills, convinced us to do the
infrastructure in a piece meal fashion instead of finishing all the work at once and they monitored the project on a
weekly basis. Thus overseeing the infrastructure. What followed was 2 years of litigation where we spent over
$200,000 fighting to keep our Development from being taken from us. We fought because we did not do anything
to be in default. Ultimately, after a prolonged fight they agreed to give the project back to us. We are now in the
process of getting it refinanced. We signed a voluntary foreclosure in order to stop the bleeding. But it gave us
additional time to get the project funded and beat the foreclosure timeline of June 15th, 2024.
I have secured a successful developer and friend of mine (Devean George) to partner with us in order to get
funded and help push the project through to the finish line. We feel he is a tremendous addition to our team.
When funded this will allow us to pay off subs, pay off the lender and finish the infrastructure at both sites in the
first phase. This should take 3-4 weeks. The second phase will involve finishing the items remaining to get the
certificate of occupancy on the two buildings/6 apartments that are currently constructed. We project this will
take approximately a month. We will then start construction on the remaining 5 buildings/15 apartments on 61st
and Brooklyn Blvd. We will start three of the five and when we get to interior rough in we will start the remaining
two buildings. Building the 5 buildings/15 apartments will take approximately 1 year. We will try and start
construction on the 6900 Block site right after we get the remaining two buildings at the first site framed. Our
excavators, concrete crews and framers will be scheduled to move from the first site immediately after digging,
concrete work and framing down to the second site to start the 6900 site in that order. If we plan it right, we
should be able to button up the complete development (39 Luxury apartments) within 18-20 months.
Our team is prepared to get the final plats signed off on as soon as we can get the Council’s approval to move
forward on finishing the project. We feel with the addition of Devean George to our team it will bring an added
expertise to the project. Also, the lenders we are interviewing now have all been vetted better than we did before
with the previous lender. So, we don’t anticipate any problems from the new lender.
We have fought with our time and money to try and see this project (our vision) through to the end. We believe
this will help give the City of Brooklyn Center a higher profile around the Twin Cities. We look forward to seeing
this project to completion.
Terry Robertson
President
C Alan Homes, LLC
763-228-1785
Exhibit B
1
Member Ryan introduced the following resolution and moved its adoption:
RESOLUTION NO. 2020-092
A RESOLUTION VACATING CERTAIN EASEMENTS WITHIN LOT 1, BLOCK 1, SUNSET
MANOR, HENNEPIN COUNTY, MINNESOTA AND LOT 3, BLOCK 1, SUNSET MANOR,
HENNEPIN COUNTY, MINNESOTA.
WHEREAS, the Planning Commission has recommended approval for the plat entitled
Robertson and Brekke’s Brooklyn Boulevard Second Addition (the “Plat”) based on certain conditions as
set forth in the City Council Resolution No. 2020-067 and Planning Commission Resolution No. 2020-
005; and
WHEREAS, the Plat includes certain real property situated in Hennepin County located at
6927 Brooklyn Blvd and 6939 Brooklyn Blvd all located within the City of Brooklyn Center and as legally
described on the attached Exhibit A (the “Properties”);
WHEREAS, certain public easements currently exist on the Properties which as a result of
the Plat are either no longer needed, or are being replaced by new easements covering the Properties within
the Plat; and
WHEREAS, the specific easements proposed to be vacated are as legally described on
the attached Exhibit B and as depicted on the attached Exhibit C (collectively the “Vacated
Easements)”:
WHEREAS, after due notice and public hearing, the City Council has determined that
the Vacated Easements will be no longer needed once the Plat is recorded; and the vacation of the
Vacated Easements is in the public interest;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn
Center, Minnesota, that:
1. The City hereby declares that the Vacated Easements described in the attached Exhibit
B and as depicted on the attached Exhibit C are hereby vacated.
2. The City Clerk is directed to prepare a Notice of Completion of Vacation Proceedings and
to record it with the Hennepin County Recorder or Hennepin County Registrar of Titles,
as appropriate; provided, that this resolution will only take effect upon the release and filing
of the final plat of Robertson and Brekke’s Brooklyn Boulevard Second Addition,
execution and filing of associated and separate rededicated easements, and upon execution
and filing the subdivision agreement for said associated development.
Adopted this 12th day of October, 2020
2
Mayor Pro Tem
ATTEST: _______________________________
City Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member
Graves
and upon vote being taken thereon, the following voted in favor thereof:
Butler, Graves, Lawrence-Anderson, Ryan
and the following voted against the same: None
whereupon said resolution was declared duly passed and adopted.
A-1
Exhibit A
Legal description of the Properties
Parcel 5:
All that part of Lot 1, which lies Southwesterly of a line run parallel with and distant 42 feet
Southwesterly of the following described line: Beginning at a point on the South line of Section
27, Township 119, Range 21, distant 1607.8 feet West of the South Quarter corner thereof; thence
run Northwesterly at an angle of 53 degrees 20 seconds 37.5 minutes with said South Section line
for 1000 feet and there terminating, Block 1, Sunset Manor.
Torrens Property
Torrens Certificate No. 1427277.
PID: 2711921330011
Parcel 7:
Lot 3, Block 1, Sunset Manor.
Torrens Property
Torrens Certificate No. 1377906.
PID: 2711921330013
B-1
Exhibit B
Legal description of the Vacated Easements
Vacated Easement over Parcel 5:
All that part of the following described lot:
Lot 1, Block 1, Sunset Manor, according to the duly recorded plat thereof, situate in Hennepin
County, Minnesota, the title thereto being registered and evidenced by Certificate of Title No.
332416, except State Highway, which lies northeasterly of a line run parallel with and distant 46
feet southwesterly of the following described line:
Beginning at a point on the south line of section 27, township 119 north, range 21 west, distant
1607.8 feet west of the south quarter corner thereof; thence run north westerly at an angle of 53° 20’
37.5" with said south section line for 1000 feet and there terminating.
Vacated Easement over Parcel 7:
All that part of the following described lot:
Lot 3, Block 1, Sunset Manor, according to the duly recorded plat thereof, situate in Hennepin
County, Minnesota, except State Highway; which lies northeasterly of a line run parallel with and
distant 46 feet southwesterly of the following described line:
Beginning at a point on the south line of section 27, township 119 north, range 21 west, distant
1607.8 feet west of the south quarter corner thereof; thence run northwesterly at an angle of 53° 20'
37.5" with said south section line for 800 feet and there terminating.
Transfer from:1098511
Certificate Number: 1427277
Originally registered February 14, 1948 Volume: 414, Certificate No: 127088, District Court No: 8650
s.s.Registration
Subject to the interests shown by the following memorials and to the following rights or encumbrances set forth in Minnesota
statutes
chapter 508, namely:
1. Liens, claims, or rights arising under the laws or the Constitution of the United States, which the statutes of this state cannot
require to appear of record;
2. Any real property tax or special assessment;
3. Any lease for a period not exceeding three years, when there is actual occupation of the premises under the lease;
4. All rights in public highways upon the land;
5. Such right of appeal or right to appear and contest the application as is allowed by law;
6. The rights of any person in possession under deed or contract for deed from the owner of the certificate of title;
7. Any outstanding mechanics lien rights which may exist under sections 514.01 to 514.17.
Memorials
Document
Number Document Type
Date of Filing
Month Day, Year Time Amount Running in Favor Of
T1032893 Easement Jun 2, 1972 11:10 AM
City of Brooklyn Center (a MN municipal corp)
Granting an easement for sidewalk purposes &c over pt of above
land. (See Inst)
T3655001 Mortgage Jan 2, 2003 11:00 AM $131,750.00
Mortgage Electronic Registration Systems, Inc. (a DE corp)
P.O. Box 2026, City of Flint, State of Michigan
T4782351
Amendment of
Mortgage Aug 26, 2010 10:00 AM
Between Jacob L Yanish and Mortgage Electronic Registration
Systems, Inc.
Amending Mortgage document no(s) 3655001
See Inst)
T5368614
Satisfaction of
Mortgage Jul 29, 2016 4:11 PM Satisfies Mortgage document no(s) 3655001
Created by Document Number:5363941
Certificate of Title
State of Minnesota
County of Hennepin
This is to certify that
Economic Development Authority of Brooklyn Center, Minnesota, a Minnesota public body coporate and politic, whose
address is 6301 Shingle Creek Parkway, Brooklyn Center, Minnesota, 55430-2113;
is now the owner of an estate in fee simple
In the following described land situated in the County of Hennepin and State of Minnesota:
All that part of Lot 1, which lies Southwesterly of a line run parallel with and distant 42 feet Southwesterly of the following
described line: Beginning at a point on the South line of Section 27, Township 119, Range 21, distant 1607.8 feet West
of the South Quarter corner thereof; thence run Northwesterly at an angle of 53 degrees 20 seconds 37.5 minutes with
said South Section line for 1000 feet and there terminating, Block 1, Sunset Manor.
Page 1 of2CertificateNumber: 1427277 This is a non-certified copy
Martin McCormick
Registrar of Titles,
In and for the County of Hennepin and State of Minnesota.
In Witness Whereof, I have hereunto subscribed my name and
affixed the seal of my office this 20th day of July, 2016.
Indexes Verified through 8/11/2020
Page 2 of2CertificateNumber: 1427277 This is a non-certified copy
C-1
Exhibit C
Depiction of the Vacated Easements
Transfer from:1106815
Certificate Number: 1377906
Originally registered February 14, 1948 Volume: 414, Certificate No: 127088, District Court No: 8650
s.s.Registration
Subject to the interests shown by the following memorials and to the following rights or encumbrances set forth in Minnesota
statutes
chapter 508, namely:
1. Liens, claims, or rights arising under the laws or the Constitution of the United States, which the statutes of this state cannot
require to appear of record;
2. Any real property tax or special assessment;
3. Any lease for a period not exceeding three years, when there is actual occupation of the premises under the lease;
4. All rights in public highways upon the land;
5. Such right of appeal or right to appear and contest the application as is allowed by law;
6. The rights of any person in possession under deed or contract for deed from the owner of the certificate of title;
7. Any outstanding mechanics lien rights which may exist under sections 514.01 to 514.17.
Memorials
Document
Number Document Type
Date of Filing
Month Day, Year Time Amount Running in Favor Of
T934384 Final Certificate Jan 30, 1969 12:05 PM
State of Minnesota. For trunk highway purposes. (See Inst)
Parcel No. 87
T1032900 Easement Jun 2, 1972 11:10 AM
City of Brooklyn Center. Granting an easement for sidewalk
purposes over pt of above land. (See Inst)
T2035836 Quit Claim Deed Aug 29, 1989 10:00 AM
County of Hennepin from State of Minnesota for highway purposes.
Land in Doc. No. 934384
Martin McCormick
Registrar of Titles,
In and for the County of Hennepin and State of Minnesota.
In Witness Whereof, I have hereunto subscribed my name and
affixed the seal of my office this 5th day of November, 2013.
Indexes Verified through 8/11/2020
Created by Document Number:5130269
Certificate of Title
State of Minnesota
County of Hennepin
This is to certify that
Economic Development Authority of Brooklyn Center, whose address is 6301 Shingle Creek Parkway, Brooklyn Center,
Minnesota, 55430;
is now the owner of an estate in fee simple
In the following described land situated in the County of Hennepin and State of Minnesota:
Lot 3, Block 1, Sunset Manor.
Page 1 of1CertificateNumber: 1377906 This is a non-certified copy
Exhibit C
From:
Sent: Wednesday, May 8, 2024 2:11 PM
To: Ginny McIntosh
Subject: Re;C Alan Homes LLC for final plat 6921, 6927, 6939 Brooklyn Blvd
I have several concerns about this project that I would like addressed at the meeting tomorrow. I would
also like to discuss with you prior to the meeting.
First I would like to say that the last meeting you had regarding this issue was very frustrating as I felt
most of the concerns of the current neighboring residents were not addressed or considered in
approving this project.
I live on Lee Ave, right in front of this land they want to build on. I will have a parking lot right across
from my house which will bring alot of noise and unwanted traffic. We already have to deal with noise
and traffic from Willow Lane apartments and now we will have this too?
As it stands now these people park on our street at all hours of the day and night, and never get
ticketed. I have watched them clean out their cars and throw the trash in the grass or the street. My
own family regularly are out there picking up trash as no one else nor the city seem to care.
I am very concerned about the traffic this project most definitely will bring to Lee and Major Ave.
There are alot of young children here and I am concerned for their safety.
Why would you allow this to be built on this small area of land, literally boxing in the adjacent houses
when directly kitty corner across Brooklyn Blvd is a wide open space and an apartment building that
clearly has no one living in it, except a few squatters, that should be torn down which would be a great
space and it would not intrude on any houses like it will in this space. There is also no way you can build
a big enough parking lot with enough spaces to accomodate that many 3 bedroom units.That means
parking on our streets that we as homeowners are not allowed to park on overnight but yet all these
other people seem to get away with it on the daily.
I understand Brooklyn Center needs more affordable housing units, and more housing units in general,
however there are so many already wide open areas in the city that I see no reason to cram these
buildings into such a small space knowing how it will have a negative impact on the residents who own
homes here.
Lisa
From: Luba Evarts
Sent: Thursday, May 9, 2024 5:57 AM
To: Ginny McIntosh
Subject: C Alan homes
Council members
I would like to open this letter by reminding our Mayor of an article dated Nov. 2023 about how
frustrated she was with the planning process and was quoted as saying
"It doesn't feel like you've listened"
to Mike Lindberg of MNDOT.
When this was first proposed I was very against the overcrowding (as I see it) of my neighborhood, still
am. Please understand that I am not against the development of this property, I am against the
overcrowding, the lack of parking, the lack of green space that would be available to the residents. It
was proposed to have 30 parking spaces available for 18 residences. I believe the city of Brooklyn center
requires 2 parking spaces per residence. You, city of Brooklyn center council members has rejected
other housing proposals because of parking issues. This was an office building to change into an
apartment building, but was rejected for concerns of parking. And a couple other things.
Yet you council members passed this ridiculousness. You city council members, shut us down - you did
not take into consideration our concerns.
It doesn't feel like you've listened.
Hmmmm
C Alan homes seems to be having a difficult time finishing the first two (of seven) buildings at 60th and
Brooklyn Blvd. It has been 4 YEARS since it has begun and but not yet completed or opened for rent.
Their reliability is questionable. This is such a disservice to our community. I really don't want to live in a
continuous construction zone. If it takes 4 + years to complete 2 triplexes, how long will it take to
complete 7? Or 13?
And why can't I attend a meeting
IN PERSON????
A concerned 30+ year resident
Luba Evarts
M E M O R A N D U M
DATE: August 17, 2020
TO: Ginny McIntosh, City Planner/Zoning Administrator
FROM: Andrew Hogg, Assistant City Engineer
SUBJECT: Preliminary Site Plan & Plat Review –
Brooklyn Boulevard 6900 Brooklyn Blvd Tri-plexes (Revised)
Public Works staff reviewed the following documents submitted for review for the proposed 6900
Brooklyn Blvd Tri-plexes (Planning Commission Application No. 2020-005):
Preliminary Plans and plat submitted 07/23/2020
Subject to final staff Site Plan approval, the referenced plans must be revised in accordance with the
following comments/revisions and approved prior to issuance of Land Alteration permit.
C000 Title Sheet
1. No comments.
C100 Removals Plan
2. Right of Way along Brooklyn Blvd is owned by Hennepin County. Obtain necessary permits
prior to work with in Hennepin County Right of Way.
3.Removal for utility connections in street shall extent curb to curb or to drive lane, no partial
width removals.
4.Remove driveways and existing sidewalk adjacent to Brooklyn Blvd.
5. Protect existing bus stop sign along Brooklyn Blvd. Coordinate with Metro Transit to maintain
bus service.
6. Remove existing service stubs to back of curb.
7.Missing existing street light in front of Lot 2, review/adjust location as required.
C200, 202 and 202 – SWPPP Plans
8. Silt fence line type is hidden under property line type.
C210 and 211 – Erosion Control Plans
9. No comments.
C300 – Site Plan
10.Overall some of the linetypes/thickness makes text hard to read.
11.Site triangles at entrance/exits of development shall be free and clear of any obstructions.
12.Use City Detail for City driveway aprons.
13. Developer to provide 10’ boulevard with a 5’sidewalk and maintenance strip, matching the
properties to the north and south. Review site ensure grades and site feature still fit.
14. Install signage to discourage residents/guest from trying to access Brooklyn Blvd.
15.Verify clearance from curb to existing street light at south exit.
16. Provide parallel sidewalk along back side of new curb if possible
17. Add sidewalk to proposed parking stalls along Lee.
18.All utilities to be within a drainage & utility easement.
19. Add No Right Turn sign on Brooklyn Blvd for south emergency access.
20. Show location of ADA stalls & access routes.
Exhibit DD
PC Review Memo (Revised), August 17, 2020
21. Only 30 stalls shown on plans for 18 units (1.7/unit) – should provide 2.5 stalls per unit
22. 18’ wide drive lane is inadequate for 2-way traffic or meeting fire code. Work with Fire
Inspector and Planning to establish lane width. Minimum fire access lane width is 20’ per code
23. Add bollards to west end of access lane and sign to prevent traffic from heading down dead end.
C400 – Grading and Drainage Plan
24.All city roadway embankment material installed within pavement patching areas of existing
roadways shall be placed in lifts not to exceed 8-inches and compacted to a minimum of 100
percent of maximum density regardless of depth below the final pavement surface. The
Engineer shall take a minimum of three (3) compaction tests at varying elevations within the
pavement patch area.
25.Applicant will coordinate with Hennepin County for road embankment material installed within
Brooklyn Blvd Right of Way.
26.Storm sewer to be privately owned & maintained.
27.Incorporate permanent water quality BMP’s.
28. No catch basin manhole on Lee at location shown – install new catch basin manhole.
29. Can storm sewer be installed without encroaching on adjacent property?
30.Review SW corner of access drive for slopes & drainage.
31. Provide 1.0% minimum slope on bituminous pavement.
32. Add missing spot elevations.
C500 – Utility Plan
33.8” watermain to be looped out to Brooklyn Blvd.
34. Provide separate service line to each bldg. or provide joint maintenance agreements for service
lines.
35. They don’t make 2” DIP, adjust notes accordingly.
36. Existing watermain on Lee Ave is 6”, adjust wet tap note accordingly.
37.All on-site utility lines to be privately owned and maintained.
38.Verify water service sizes.
39. Provide on-site fire hydrant.
40. No sanitary sewer manhole on Lee at location shown – install new manhole.
41.Minimum sanitary sewer service pipe size to be 4”.
C900, 901, 902 and 903 – Details
42. All work performed and materials used for construction of utilities must conform to the City
standard specifications and details. The City’s standard details must be included in the plan.
43.Update to use current City plates.
Preliminary Plat/Final
44.Drainage & Utility easements shall be adjusted to cover all shared/common utility lines (sanitary
sewer, watermain, storm sewer) along with any storm water management features.
45.City & County will review permanent rights of way and easement needs along Brooklyn Blvd
(Plats to be reviewed by Hennepin County Engineer).
46. Provide required separate cross access/cross parking easements.
47.Provide required separate trail & sidewalk easements.
PC Review Memo (Revised), August 17, 2020
48. Change Bloomington to Brooklyn Center in signature areas.
49. It appears that all property is Torrens, adjust Document block and signature blocks accordingly
50. Need working copy of the preliminary plat to show all vacated easements, proposed easements,
existing and proposed utilities and provide all easement documents for the City for review. A 10’
drainage and utility easement must be dedicated on the plat around the entire perimeter of the
site. An additional utility easement must be dedicated on the plat for the private water main and
sanitary to allow for maintenance access per the Developers Agreement.
51. Legal descriptions and easement vacation documents must be obtained for all existing
easements. Existing public easements as determined by the City must be vacated, and proposed
easements must be dedicated as part of the preliminary and final platting process. The formal
vacation document must contain an easement vacation description and depiction exhibit signed
by a professional surveyor.
52. An updated certified abstract of title or registered property report must be provided to the City
Planner and City Attorney for review at the time of the preliminary plat application (within 30
days of preliminary plat application). Additionally, this will need to stay current and be updated
through the approval process as required to maintain and be current within 30 days of the release
of final plat.
53. The applicant is responsible for coordinating site development plans with Xcel Energy,
CenterPoint Energy, Qwest Communications and other private utility companies. Any further
easements necessary to provide utility service to the proposed site development shall be
dedicated to the public for public use with the final plat.
Miscellaneous
54. See redlines for additional site plan comments.
55. Provide landscape and irrigation plan.
56. Upon project completion, the applicant must submit an as-built survey of the property,
improvements and utility service lines and structures; and provide certified record drawings of all
project plan sheets depicting any associated private and/or public improvements, revisions and
adjustments prior to issuance of the certificate of occupancy. The as-built survey must also verify
that all property corners have been established and are in place at the completion of the project as
determined and directed by the City Engineer.
57. Inspection for the private site improvements must be performed by the developer’s design/project
engineer. Upon project completion, the design/project engineer must formally certify through a
letter that the project was built in conformance with the approved plans and under the
design/project engineer’s immediate and direct supervision.(see attached template letter) The
engineer must be certified in the State of Minnesota and must certify all required as-built
drawings (which are separate from the as-built survey).
58.The total disturbed area is less than one acre; an NPDES permit is not required. In addition, the total
disturbed area is less than 1 acre, per Shingle Creek Watershed Management Commission rules, the
applicant should incorporate water quality measures.
59. Provide traffic memo highlighting a review sight lines and site distances for exiting the site.
Documenting the anticipated traffic generated by the proposed site and a discussion on the
parking needs on a daily use and for guest parking for events and holidays.
PC Review Memo (Revised), August 17, 2020
60. The City has submitted the plans to Hennepin County for review. Applicant must meet
requirements from Hennepin County’s review.
Prior to issuance of a Land Alteration
61. Final construction/demolition plans and specifications need to be received and approved by the
City Engineer in form and format as determined by the City. The final plan must comply with the
approved preliminary plan and/or as amended by the City Engineer.
62. A letter of credit or a cash escrow in the amount of 100% of the estimated cost as determined by
City staff shall be deposited with the City.
63. During construction of the site improvements, and until the permanent turf and plantings are
established, the developer will be required to reimburse the City for the administration and
engineering inspection efforts. Please submit a deposit of $2,500 that the City can draw upon
on a monthly basis.
64. A construction management plan and agreement is required that addresses general construction
activities and management provisions, traffic control provisions, emergency management
provisions, storm water pollution prevention plan provisions, tree protection provisions, general
public welfare and safety provisions, definition of responsibilit y p rovisions, temporary parking
provisions, overall site condition provisions and non-compliance provisions. A separate $2,500
deposit will be required as part of the non-compliance provision.
Anticipated Permitting:
65. A City of Brooklyn Center Land Disturbance Permit is required.
66. Applicant to obtain required permits to work in County right-of-way.
67. Other permits not listed may be required and is the responsibility of the developer to obtain and
warrant.
68. Copies of all required permits must be provided to the City prior to issuance of applicable
building and land disturbance permits.
69. A preconstruction conference must be scheduled and held with City staff and other entities
designated by the City.
The aforementioned comments are provided based on the information submitted by the applicant at
the time of this review. Other guarantees and site development conditions may be further
prescribed throughout the project as warranted and determined by the City.