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HomeMy WebLinkAbout2024.06.13 PCAPPLANNING COMMISSION CITY OF BROOKLYN CENTER REGULAR MEETING June 13, 2024 Optional public access to the Webex meeting is below: Online: logis.webex.com | Phone: (312) 535-8110 Meeting Number (Access Code): 2634 491 4414 Passcode: BCPC06132024 1. Call to Order — 7 p.m. 2. Roll Call 3. Approval of Agenda a. Motion to Approve Regular Meeting Agenda for June 13, 2024 4. Approval of Meeting Minutes a. Motion to Approve May 9, 2024 Meeting Minutes b. Motion to Approve March 14, 2024 Meeting Minutes c. Motion to Approve February 8, 2024 Meeting Minutes 5. Chairperson’s Explanation The Planning Commission is an advisory body. One of the Commission's functions is to hold public hearings. In the matters concerned in these hearings, the Commission makes recommendations to the City Council. The City Council makes all final decisions in these matters. 6. Planning Items a. Planning Commission Application No. 2024-006 (PUBLIC HEARING—CONTINUED) 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: The public hearing was continued at the May 9, 2024 Planning Commission meeting to the June 13, 2024 meeting. This was per the request of Applicant C Alan Homes LLC. 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). b. Planning Commission Application No. 2024-007 (PUBLIC HEARING—CONTINUED) Applicant | Property Owner: C Alan Homes LLC Address (PID): 6921, 6927, 6933, 6939 Brooklyn Boulevard (27-119-21- PLANNING COMMISSION CITY OF BROOKLYN CENTER REGULAR MEETING June 13, 2024 Optional public access to the Webex meeting is below: Online: logis.webex.com | Phone: (312) 535-8110 Meeting Number (Access Code): 2634 491 4414 Passcode: BCPC06132024 33-0014, 27-119-21-33-0013, 27-119-2133-0012, and 27-119-21-33-0011) Summary: The public hearing was continued at the May 9, 2024 Planning Commission meeting to the June 13, 2024 meeting. This was per the request of Applicant C Alan Homes LLC. 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). c. Planning Commission Application No. 2024-009 (PUBLIC HEARING) Applicant | Property Owner: City of Brooklyn Center | Transformco Address (PID): 1297 Shingle Creek Crossing (03-118-21-44-0026) Summary: Consideration for a potential re-zoning of the Subject Property located at 1297 Shingle Creek Crossing and commonly known as the former Sears site. As proposed, the Subject Property would be re-zoned from Planned Unit Development/Business Mixed-Use (PUD/MX-B) District to Transit-Oriented Development (TOD) District. 7. Discussion a. City Council Updates b. Upcoming Planning Commission Applications 8. Adjournment PC Minutes 5-9-24 -1- DRAFT MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA MAY 9, 2024 1. CALL TO ORDER The Planning Commission meeting was called to order by Chair Koenig at 7:18 p.m. The meeting was conducted in person and via Webex. 2. ROLL CALL Chair Alexander Koenig, Vice Chair Randy Christensen, and Commissioners Paris Dunn, and Stephen Schonning were present. Planning Manager Ginny McIntosh and Associate Planner Krystin Eldridge were also present. Commissioners Leino and Jones were absent and excused. 3. APPROVAL OF AGENDA – MAY 9, 2024 There was a motion by Commissioner Schonnning, seconded by Commissioner Christensen to approve the agenda for the May 9, 2024 meeting as presented. Voting on the motion: Chair Koenig and Commissioners Christensen, Schonning, and Dunn voted aye. The motion passed unanimously. 4. CHAIRPERSON’S EXPLANATION Chair Koenig explained the Planning Commission’s role as an advisory body. One of the Commission’s functions is to hold public hearings. In the matters concerned in these hearings, the Commission makes recommendations to the City Council. The City Council makes all final decisions in these matters. 5. PLANNING APPLICATION ITEMS 5a. Planning Commission Application No. 2024-008 Applicant: 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 PC Minutes 5-9-24 -2- DRAFT City’s Transit Oriented Development (TOD) zoning district. Planning Manager Ginny McIntosh explained Independent School District #286, 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. 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. Ms. McIntosh noted due to the nature of the request, a public hearing notice was published in the Brooklyn Center Sun Post on April 25, 2024. Mail notifications were sent to those property owners and residents located within 350 feet of the Subject Property per direction of the City Attorney. 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. Ms. McIntosh stated per Section 35-71301, 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. Ms. McIntosh stated in Planning Commission Application No. 2022-002, the intent at that time was to house an Early Learning Center 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. The acquisition was intended to consolidate district offices and childcare services into one location. Ms. McIntosh pointed out 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. Ms. McIntosh stated 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 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. PC Minutes 5-9-24 -3- DRAFT Ms. McIntosh explained that, 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). Ms. McIntosh added City Staff engaged with the City Attorney initially to determine whether or not “preschools” could be interpreted as “licensed daycare facilities (13 or more persons)” as Centaur Beginnings Child Care was issued a special use permit from the City in 2014 and had operated continuously from the 5910 building. Ms. McIntosh stated 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. Ms. McIntosh explained 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 certain criteria and policies. The criteria include whether there is a clear and public need or benefit, whether the proposed amendment is consistent with and compatible with surrounding land use classifications, whether all permitted uses in the proposed zoning district can be contemplated for development of the subject property, whether there have been substantial physical or zoning classification changes in the area since the subject property was zoned, whether there is an evident, broad public purpose in the case of City- initiated rezoning proposals, whether the subject property will bear fully the UDO development restrictions for the proposed zoning districts, whether the subject property is generally unsuited for uses permitted in the present zoning district, with respect to size, configuration, topography, or location, the proposal demonstrates merit beyond the interests of an owner or owners of an individual parcel, the specific policies and recommendations of the Comprehensive Plan and other City plans, the purpose and intent of the UDO, and the adequacy to buffer or transition between potentially incompatible districts. Ms. McIntosh stated 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 one-quarter mile of the planned station stops and a vision that these areas create a vibrant, accessible and diverse land use pattern. Ms. McIntosh added 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 PC Minutes 5-9-24 -4- DRAFT primarily as Transit Oriented Development (TOD) and Commercial Mixed-Use (C-MU), and a minimum of 75 percent 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. Ms. McIntosh explained 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 percent 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). Ms. McIntosh noted although the 2040 Comprehensive Plan noted a median age of residents as 32.8, 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 identify approximately 9 percent of Brooklyn Center’s population as being under 5 years of age, and approximately 29.3 percent of the City’s population as being under 18 years of age. In the state of Minnesota, and per ACS estimates, approximately 5.7 percent of the state’s population is under five years of age, and approximately 22.5 percent of the state’s population is under 18 years of age. Ms. McIntosh stated the City’s Transit Oriented Development zoning district was created as a direct response to the City’s adoption of the 2040 Comprehensive Plan in 2019. The purpose of the TOD 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. 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. Ms. McIntosh pointed out 23 properties are currently zoned TOD. Nine of those properties are located within the City’s Opportunity Site, five of which are owned by the City’s EDA. Ms. McIntosh noted uses currently allowed within the City’s Transit-Oriented Development District are similar “public and private elementary and secondary schools offering a regular course PC Minutes 5-9-24 -5- DRAFT 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 daycare facilities (13 or more persons). Ms. McIntosh stated 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 the Transit Center, Gateway Commons, Sonder House, Sonder Point, and Cub Foods. Ms. McIntosh stated constraints within the use are due to building and fire code restrictions on how many stories up an educational use can be, fire systems, exiting, and the like. There are limited locations in which schools are able to serve students in the City’s TOD district. OPEN TO PUBLIC COMMENTS – APPLICATION NO. 2024-008 There was a motion by Commissioner Christensen, seconded by Commissioner Schonning, to open the public hearing on Application No. 2024-008. Voting on the motion: Chair Koenig and Commissioners Christensen, Schonning, and Dunn voted aye. The motion passed unanimously. No one wished to address the Commission. MOTION TO CLOSE PUBLIC COMMENTS (HEARING) There was a motion by Commissioner Schonning seconded by Commissioner Dunn to close the public hearing on Application No. 2024-008. Voting on the motion: Chair Koenig and Commissioners Christensen, Schonning, and Dunn voted aye. The motion passed unanimously. Chair Koenig asked if representatives of the application were present. Ms. McIntosh confirmed representatives were present. Commissioner Christensen asked if there were any new buildings in the TOD that wouldn’t be able to use the change. Ms. McIntosh stated the greatest acreage of land is owned by the City’s EDA. The school currently has some green space around it. Most of the sites don’t have the ability to change its use without a complete redevelopment. Educational buildings have several additional requirements for fire safety. PC Minutes 5-9-24 -6- DRAFT Chair Koenig asked for more information on the elder’s room. Mike Johnson, Director of Operations for Brooklyn Center Schools, explained the elder’s room is an opportunity for use by groups such as the Rotary or Lions. It is also a location to store archives. Chair Koenig noted his support of education and continuing education opportunities. ACTION TO RECOMMEND APPROVAL OF PLANNING COMMISSION APPLICATION NO. 2024-008 SUBMITTED BY INDEPENDENT SCHOOL DISTRICT #286 (BROOKLYN CENTER COMMUNITY SCHOOLS) There was a motion by Commissioner Christensen, seconded by Commissioner Dunn, to 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. Voting on the motion: Chair Koenig and Commissioners Christensen, Schonning, and Dunn voted aye. And the following voted against the same: None The motion passed unanimously. 5b. Planning Commission Application No. 2024-003 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. Planning Manager Ginny McIntosh explained the property owner Lin Shuang LLC 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. 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). Lin Shuang LLC purchased the 1.36-acre property in 2007. It is zoned as TOD. She showed images of the site. Ms. McIntosh pointed out the 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. PC Minutes 5-9-24 -7- DRAFT Ms. McIntosh noted 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 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. The property lost five parking spaces as the restaurant and buffet required a separate trash enclosure area, leaving a total of 80 on-site parking spaces. Ms. McIntosh explained current Property Owner and Applicant, Lin Shuang LLC, purchased the property in 2007. Tires Plus closed their location 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 10,200-square foot building to a restaurant and bar; however, the request was denied by City Council in October 2023. Ms. McIntosh added 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 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. Ms. McIntosh stated the 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. Ms. McIntosh stated the applicant indicated in their project summary plans to lease the former Tires Plus space located on the 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.” Ms. McIntosh noted a 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 six 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. Ms. McIntosh pointed out as 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 PC Minutes 5-9-24 -8- DRAFT 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. Ms. McIntosh added 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 (EDA). Ms. McIntosh stated with respect to the intensity of the use, City staff reviewed documentation on file for the former Tires Plus, 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 on weekdays and on Sundays from 10 a.m. to 5 p.m. Ms. McIntosh explained for the interior of the space, the hoists, trench drain, and oil and 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 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. Ms. McIntosh stated in conducting a review of the 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. Ms. McIntosh explained 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 or been replaced with non-compliant lighting. 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. Ms. McIntosh stated 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 PC Minutes 5-9-24 -9- DRAFT specifications to City Staff. Any exterior enclosure will need to fully screen any dumpster and provide a fully opaque fencing or material complementary to the building. Ms. McIntosh added 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. Ms. McIntosh explained there are a number of criteria to be reviewed in the issuance of a Conditional Use Permit (CUP). In short, a CUP must be in accordance with the general objectives, or with any specific objective, of the City’s Comprehensive Plan and this UDO, promote and enhance the general public welfare and will not be detrimental to or endanger the public health, safety, morals or comfort, 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, will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district, provide ingress, egress, and parking so designed as to minimize traffic congestion in the public streets, sufficiently address impacts such as noise and exterior lighting, and conform to the applicable regulations of the district in which it is located. Ms. McIntosh stated as part of the application process, a public hearing notice was submitted to the Brooklyn Center Sun Post for publication on April 25, 2024, 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. OPEN TO PUBLIC COMMENTS – APPLICATION NO. 2024-003 There was a motion by Commissioner Schonning, seconded by Commissioner Christensen to open the public hearing on Application No. 2024-003. Voting on the motion: Chair Koenig and Commissioners Christensen, Schonning, and Dunn voted aye. The motion passed unanimously. No one wished to address the Commission. MOTION TO CLOSE PUBLIC COMMENTS (HEARING) There was a motion by Commissioner Christensen, seconded by Commissioner Schonning, to close the public hearing on Application No. 2024-003. Voting on the motion: Chair Koenig and Commissioners Christensen, Schonning, and Dunn voted aye. The motion passed unanimously. Commissioner Dunn asked if the hours for the business are from 9 a.m. to 8 p.m. and if that is a good fit for the area. Ms. McIntosh explained the hours will be Monday through Friday from 9:00 PC Minutes 5-9-24 -10- DRAFT a.m. to 8:00 p.m. and Saturdays 10:00 a.m. to 6:00 p.m. The area is fairly vacant currently. She reviewed the nearby properties and noted the dental clinic is the closest business. The school district building is just to the south and Jani King is to west and Restaurant Depot is to the north. Tires Plus was at that location from 1991 to 2022. Chair Koenig wanted to clarify if repairs would be apart of the proposed business. Xian Lin (Applicant) explained the tenant is aware no repairs can take place on the site. Only tire repairs and detailing are proposed. Chair Koenig asked if the lighting will be addressed. Xian Lin confirmed they are aware of Staff’s recommendations regarding lighting. Commissioner Dunn asked if they are operating in a way similar to Discount Tires. Xian Lin explained the main neighbor is the buffet next door. The proposed use would attract more customers to the buffet. ACTION TO RECOMMEND APPROVAL OF PLANNING COMMISSION APPLICATION NO. 2024-003 SUBMITTED BY LIN SHUANG LLC There was a motion by Commissioner Christensen, seconded by Commissioner Dunn, to recommend 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. Voting on the motion: Chair Koenig and Commissioners Christensen, Schonning, and Dunn voted aye. And the following voted against the same: None The motion passed unanimously. 5c. Planning Commission Application No. 2024-004 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) Summary: Keshia Deon (Treasure Hunt Early Learning Center) is requesting issuance of a conditional use permit that would allow for a licensed daycare facility (13 or greater persons) in a tenant space located within the Shingle Creek Center shopping center. Associate Planner Krystin Eldridge explained Keshia Deon of Treasure Hunt Early Learning Center is requesting approval of a conditional use permit (CUP) that would convert a tenant space PC Minutes 5-9-24 -11 - DRAFT within Shingle Creek Center shopping center, and commonly addressed as 6098 Shingle Creek Parkway into an early learning child care center. The 2.8-acre property contains 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 Cultural Village LLC, purchased the entire shopping center in October 2023 and has been engaged with the applicant for a number of months regarding this space. It is currently zoned as Commercial Mixed Use (MX-C), and the future land use designation is Commercial Mixed Use (C-MU). She showed an image of the site in question. Ms. Eldrige noted 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 daycares. Ms. Eldridge explained 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 (MXC) where the 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. Ms. Eldridge stated the shopping center, where the 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. Ms. Eldridge pointed out 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 PC Minutes 5-9-24 -12- DRAFT licensure requirements at the state and county levels. For example, the regulations regarding playgrounds differ. In the case of the Applicant’s request, City staff reviewed Minnesota State Statute 9503.0155 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 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. 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. Ms. Eldridge explained 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. It would be expected that no more than 41 children would be present, at maximum. Ms. Eldridge noted 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 another 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. Ms. Eldridge added 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. Ms. Eldridge pointed out 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. Also, 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 the Unified Development Ordinance (UDO). Ms. McIntosh explained there are a number of criteria to be reviewed in the issuance of a Conditional Use Permit (CUP). In short, a CUP must be in accordance with the general objectives, or with any specific objective, of the City’s Comprehensive Plan and this UDO, promote and PC Minutes 5-9-24 -13- DRAFT enhance the general public welfare and will not be detrimental to or endanger the public health, safety, morals or comfort, 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, will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district, provide ingress, egress, and parking so designed as to minimize traffic congestion in the public streets, sufficiently address impacts such as noise and exterior lighting, and conform to the applicable regulations of the district in which it is located. Ms. Eldridge noted the applicant provided responses to the various criteria. First off, 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 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 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. Ms. Eldridge stated 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. Signed building plans from an architect registered in Minnesota shall be provided along with the building permit application. The full main floor plan should have a code analysis and floor layout. Also, plans should indicate the area to be used, doors installed, and walkway con- struction to complete a plan review for the new space intended to be used. Prior to a building permit being issued, a SAC determination for the new use shall be completed by the Met Council. The completion of items listed on the Site Fire Inspectors review letter must be addressed. OPEN TO PUBLIC COMMENTS – APPLICATION NO. 2024-004 There was a motion by Commissioner Dunn seconded by Commissioner Christensen, to open the public hearing on Application No. 2024-004. Voting on the motion: Chair Koenig and Commissioners Christensen, Schonning, and Dunn voted aye. The motion passed unanimously. Keith K. asked if there are fifteen parking spaces for the 41 students. Ms. Eldridge explained the parking spots are primarily for staff because the parents would drop off the children. Ms. Eldridge pointed out the applicant was present to answer questions. PC Minutes 5-9-24 -14- DRAFT MOTION TO CLOSE PUBLIC COMMENTS (HEARING) There was a motion by Commissioner Christensen, seconded by Commissioner Schonning, to close the public hearing on Application No. 2024-004. Voting on the motion: Chair Koenig and Commissioners Christensen, Schonning, and Dunn voted aye. The motion passed unanimously. Commissioner Dunn pointed out the childcare facility would have to share a wall with other potential businesses. Ms. McIntosh explained the potential noise issues were discussed with the applicant and potential users of neighboring spaces. Chair Koenig asked if care would be stopped for the construction. Keshia Deon, owner of Treasure Hunt Early Learning Center, confirmed the facility would be shut down for a few days. Chair Koenig asked if there is room for an outdoor play area. Ms. Deon stated there has been consideration of using the rear of the building for a play space. It isn’t technically needed for a State requirement. Ms. McIntosh noted the demolition of Target will result in a lot of dirt and opportunity for something new. Chair Koenig asked if there is a contingency plan for the late hours. Ms. Deon stated there will be two shifts of staffing to offer care throughout the day and evening. Commissioner Christensen noted his appreciation of Ms. Deon’s business, especially in light of nearby construction. Chair Koenig added the safety of the children may need to be considered in light of the nearby construction. It would be helpful if Ms. Deon encouraged parents to drop off the kids right on the curb. Commissioner Schonning stated the parking lot is a wildcard. Ms. McIntosh explained Target had most of the parking when they came into the area. Staff has been in contact with the owner, and there may be a redistribution of parking spots. They are also looking for ways that lighting could continue to meet the City’s requirements. ACTION TO RECOMMEND APPROVAL OF PLANNING COMMISSION APPLICATION NO. 2024-004 SUBMITTED BY KESHIA DEON (TREASURE HUNT EARLY LEARNING CENTER) There was a motion by Commissioner Christensen, seconded by Commissioner Dunn, to recommend 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 PC Minutes 5-9-24 -15- DRAFT Parkway for a child care center (licensed daycare facility), subject to the Applicant complying with the Approval Conditions. Voting on the motion: Chair Koenig and Commissioners Christensen, Schonning, and Dunn voted aye. And the following voted against the same: None The motion passed unanimously. 5d. Planning Commission Application No. 2024-005 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 daycare facility (13 or greater persons), to be known as Bright Futures Child Care. Associate Planner Krystin Eldridge explained Brookdale Covenant Church and Bright Future Child Care Center are requesting approval of a conditional use permit (CUP) for a place of religious assembly that has been located at the 2.44-acre 5139 Brooklyn Boulevard since 1955, and a licensed daycare facility. Both requests are considered conditional uses within the R1 (Low Density Residential) District where the property is located. A CUP is required as well for Licensed Day Care Facilities associated with Places of Assembly in the R1 district with 13 or more persons according to the newly adopted UDO language. She showed images of the site. Ms. Eldridge pointed out 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. Ms. Eldridge stated 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. PC Minutes 5-9-24 -16- DRAFT Ms. Eldridge noted 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 (BCC) also sent a detailed schedule of services and times and the number of people in attendance on its busiest days. Ms. Eldridge explained Brookdale Covenant Church’s membership stands at 143, but the narrative provided notes 300 members as calling BCC their church home. Brookdale Covenant Church offers Bible studies, support group meetings, children’s programming, occasional events such as weddings or funerals, and also hosts coat drives, food shelves, has on-site community gardens, and more. Ms. Eldridge noted the applicant provided maps indicating 21 families would arrive on site during the busiest traffic times. Families that need to park will be routed to the Brooklyn Boulevard entrance, with approximately 126 parking spaces on site, and the applicant suggests the families will most likely use the northwest portion of the property for entry to the childcare center for drop- offs. Ms. Eldridge explained there are a number of criteria to be reviewed in the issuance of a Conditional Use Permit (CUP). In short, a CUP must be in accordance with the general objectives, or with any specific objective, of the City’s Comprehensive Plan and this UDO, promote and enhance the general public welfare and will not be detrimental to or endanger the public health, safety, morals or comfort, 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, will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district, provide ingress, egress, and parking so designed as to minimize traffic congestion in the public streets, sufficiently address impacts such as noise and exterior lighting, and conform to the applicable regulations of the district in which it is located. Ms. Eldridge noted the applicant provided responses to the various criteria. She pointed at this time, neither Brookdale Covenant Church nor Bright Future 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 property in question, City Staff considers this to be the more intense use. 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. 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 Building Official submitted a memo dated February 2, 2024 and determined the re-classification PC Minutes 5-9-24 -17- DRAFT of the building. Signed building plans from an architect registered in Minnesota shall be provided along with the building permit application. The full main floor plan should have a code analysis and floor layout. Also, plans should indicate the area to be used, doors installed, and walkway construction to complete a plan review for the new space intended to be used. Prior to a building permit being issued, a SAC determination for the new use shall be completed by the Met Council. The completion of items listed on the Site Fire Inspectors review letter must be addressed. Ms. Eldridge added a public hearing notice for the conditional use permit request was published in the Brooklyn Center Sun Post on April 25, 2024. 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. OPEN TO PUBLIC COMMENTS – APPLICATION NO. 2024-005 There was a motion by Commissioner Christensen, seconded by Commissioner Schonning to open the public hearing on Application No. 2024-005. Voting on the motion: Chair Koenig and Commissioners Christensen, Schonning, and Dunn voted aye. The motion passed unanimously. No one wished to address the Commission. MOTION TO CLOSE PUBLIC COMMENTS (HEARING) There was a motion by Commissioner Schonning, seconded by Commissioner Dunn, to close the public hearing on Application No 2024-005. Voting on the motion: Chair Koenig and Commissioners Christensen, Schonning, and Dunn voted aye. The motion passed unanimously. Commissioner Christensen asked if the external changes will match the existing exterior of the building. Denise Fadina, Director of Bright Future Child Care Center, explained they are working with the Building Official to make the change. The building will require a place of refuge. The changes will complement the existing exterior. Commissioner Dunn asked what the hours of operation will be. Ms. Fadina stated the hours are 7:30 a.m. to 5:00 p.m. Commissioner Dunn noted the area is very busy while school is in session. Chair Koenig asked if the applicant is using another space for childcare currently. Ms. Fadina noted she is using her home for childcare. It is near Brooklyn Center Elementary School. The church is a great location for commuters. Chair Koenig agreed the location is favorable for a childcare use. PC Minutes 5-9-24 -18- DRAFT Chair Koenig pointed out the church is near a park. Ms. Fadina stated they hope to build a fenced- in playground eventually. Also, she has a large van that they use for field trips. They plan to update the space as money allows. Tim F., representative of Brookdale Covenant Church, noted the Church’s support of the proposal. It would be a great benefit to the community. Commissioner Christensen thanked the Church for offering its parking lot for use for community events. Commissioner Dunn asked if she gets referrals from the public schools. Ms. Fadina stated her business has been word-of-mouth, but she hopes to increase the marketing as she has more space. She pointed out the families happen to drop off the kiddos at various time, so there isn’t a huge traffic impact at any one time. Commissioner Dunn asked if the students would be able to access the other parts of the church. Ms. Fadina stated the exterior doors would be locked and entry would only be allowed for BCC staff and childcare personnel. The childcare rooms can also be locked. They are working out the details of accessing the childcare area in a safe way such as through a keypad. ACTION TO RECOMMEND APPROVAL OF PLANNING COMMISSION APPLICATION NO. 2024-005 SUBMITTED BY BRIGHT FUTURE CHILD CARE CENTER AND BROOKDALE COVENANT CHURCH There was a motion by Commissioner Schonning, seconded by Commissioner Christensen, to recommend 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. Voting on the motion: Chair Koenig and Commissioners Christensen, Schonning, and Dunn voted aye. And the following voted against the same: None The motion passed unanimously. 5e. Planning Commission Application No. 2024-006 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 PC Minutes 5-9-24 -19- DRAFT 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). Planning Manager Ginny McIntosh noted the applicant has requested the public hearings be tabled until the June 13 Planning Commission meeting as he wasn’t able to attend that evening. The Commission could still receive the presentation and any public comment at the present meeting. Chair Koenig asked if anyone was interested in commenting on the item. Someone from the audience indicated their interest in commenting. Chair Koenig stated they would still be able to provide comment. Ms. McIntosh explained C Alan Homes LLC is requesting re-approval of a preliminary and final plat for ROBERTSON AND BREKKE BROOKLYN BOULEVARD ADDITION which was initially approved by City Council under Planning Commission Application No. 2020-004 and City Council Resolution No. 2020-067. 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 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 south site is 1.65 acres, and the north site is 0.9 acres. The sites are in the PUD/Neighborhood Mixed-Use zoning district, and the future designation is Neighborhood Mixed Use. Ms. McIntosh noted although the applicant successfully purchased the property in late 2020, and a single Purchase 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 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. Ms. McIntosh stated 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. PC Minutes 5-9-24 -20- DRAFT Ms. McIntosh stated 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. Ms. McIntosh pointed out City Staff reached out to the Hennepin County Survey Division and they confirmed they still have the plat information on file; however, because two 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. Ms. McIntosh stated 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 and title commitment for City Attorney and Hennepin County review. Ms. McIntosh noted former Assistant City Engineer, Andrew Hogg, initially review the plats and provided a memorandum and redlined set of comments dated August 4, 2020. A 10-foot drainage and utility easement was noted as required for dedication around the entire perimeter of the 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 trail and necessity of an easement will also need to be addressed. Ms. McIntosh later showed the list of conditions of approval. Ms. McIntosh added due to the nature of the requests, a public hearing notice was published in the Brooklyn Center Sun Post on April 25, 2024. 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 comment received by email. Ms. McIntosh noted the site and building plans are still active and contingent upon approval of an amended Development Agreement by the City’s Economic Development Authority. The issues with the site, in that construction has begun and the lots have not been recorded, would remain even if a new owner were to take over the property. The south site was the driver in the delays due to intervention of Hennepin County. Some of the property needed to be converted back to right of way. Ultimately, the plats aren’t recorded, which presents challenges. OPEN TO PUBLIC COMMENTS – APPLICATION NO. 2024-006 There was a motion by Commissioner Schonning, seconded by Commissioner Dunn, to open the public hearing on Application No. 2024-006. PC Minutes 5-9-24 -21- DRAFT Voting on the motion: Chair Koenig and Commissioners Christensen, Schonning, and Dunn voted aye. The motion passed unanimously. Keith K. asked how many buildings could be on each lot. Ms. McIntosh stated there is a plan for one triplex on each lot. Keith K. asked how many buildings will be built. Ms. McIntosh stated seven triplexes will be built. MOTION TO CLOSE PUBLIC COMMENTS (HEARING) There was a motion by Commissioner Christensen, seconded by Commissioner Schonning, to table public hearing to the June 13, 2024 Planning Commission meeting, to be held at Brooklyn Center City Hall, 6301 Shingle Creek Parkway, at 7:00 p.m. Voting on the motion: Chair Koenig and Commissioners Christensen, Schonning, and Dunn voted aye. The motion passed unanimously. ACTION TO RECOMMEND APPROVAL OF PLANNING COMMISSION APPLICATION NO. 2024-006 SUBMITTED BY C ALAN HOMES LLC This was not addressed as the item was tabled to the June 13, 2024 Planning Commission meeting, to be held at Brooklyn Center City Hall, 6301 Shingle Creek Parkway, at 7:00 p.m. 5f. Planning Commission Application No. 2024-007 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 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). Ms. McIntosh explained C Alan Homes LLC is requesting re-approval of a preliminary and final plat for ROBERTSON AND BREKKE BROOKLYN BOULEVARD SECOND ADDITION which was initially approved by City Council under Planning Commission Application No. 2020- 005 and City Council Resolution No. 2020-068. 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 triplexes and related site improvements on what was formerly land owned by the City of PC Minutes 5-9-24 -22- DRAFT Brooklyn Center Economic Development Authority (EDA), and commonly addressed as 6921, 6927, 6933, and 6939 Brooklyn Boulevard. The south site is 1.65 acres, and the north site is 0.9 acres. The sites are in the PUD/Neighborhood Mixed-Use zoning district, and the future designation is Neighborhood Mixed Use. OPEN TO PUBLIC COMMENTS – APPLICATION NO. 2024-007 There was a motion by Commissioner Schonning, seconded by Commissioner Dunn, to open the public hearing on Application No. 2024-007. Voting on the motion: Chair Koenig and Commissioners Christensen, Schonning, and Dunn voted aye. The motion passed unanimously. Keith K. explained he lives across the street from the property. He and his neighbors were present to ask how the properties would be accessed. They don’t want there to be access from Brooklyn Boulevard because it would increase speeding cars and traffic. There are many children in the neighborhood. If the farthest north lot would be parking, it would only add to the light pollution. The whole neighborhood is on the same page. Chair Koenig encouraged the commenters to attend the tabled public hearing on June 13, 2024. Ruth H. stated she doesn’t agree with the other commenter’s assumption regarding curb cuts that the development would be accessed off Brooklyn Boulevard. She explained she lives on the corner of Lee and 69th. Ms. McIntosh explained Brooklyn Boulevard is owned by Hennepin County. When the development was initially reviewed in 2020, the County was adamant that no access would be provided for off Brooklyn Boulevard. The only access granted is for emergency access, which will be as a right out only and gated. All access to the site would be off Lee Avenue North. Luba E. noted she is concerned about 18 residences in an area that was originally intended for four homes. There won’t be enough parking for 18 houses. It will greatly increase the usage of Lee Avenue North. The Commission is doing a disservice to the neighborhood. The applicant can’t even start the building efforts after several years. Chair Koenig stated the applicant isn’t available to provide a response. However, encouraged the commenter to attend the tabled public hearing on June 13, 2024. Sean S. stated several kids play on the dead end of Major Avenue. They put cones out to block the area for their safety. There are several ages of kids in the area. There would be increased traffic and an interruption of the neighborhood’s gathering spaces. Also, the bus stop nearby is unsafe as he recently experienced an attempted robbery. There is a lot of crime in the area, and Lee Avenue is a peaceful area. There will be chaos if more residents are crammed into the neighborhood. With the apartment building and nearby park, there are kids everywhere already. PC Minutes 5-9-24 -23- DRAFT Chair Koenig encouraged the commenters to attend the tabled public hearing on June 13, 2024. Lisa S. stated the 2020 City Council meeting didn’t consider the comments of the existing residents. There isn’t a point encouraging the commenters to continue to express their concerns if no one will listen. It is frustrating. There won’t be enough parking, and there would be way too many people living in the area. Chair Koenig encouraged the commenters to attend the tabled public hearing on June 13, 2024. Lisa S. asked how the commenters can get the Council to listen. She asked if they should protest. Chair Koenig suggested the commenters gather material facts and present their concerns at the next public hearing. Keith K. stated he would gather all of the input from the neighbors to present to the Commission. No one wants the peaceful neighborhood to be negatively impacted. They will continue to organize and compile comments as a united front. MOTION TO CLOSE PUBLIC COMMENTS (HEARING) There was a motion by Commissioner Christensen, seconded by Commissioner Dunn, to table public hearing to the June 13, 2024 Planning Commission meeting, to be held at Brooklyn Center City Hall, 6301 Shingle Creek Parkway, at 7:00 p.m. Voting on the motion: Chair Koenig and Commissioners Christensen, Schonning, and Dunn voted aye. The motion passed unanimously. Chair Koenig thanked the commenters for their input. ACTION TO RECOMMEND APPROVAL OF PLANNING COMMISSION APPLICATION NO. 2024-007 SUBMITTED BY C ALAN HOMES LLC This was not addressed as the item was tabled to the June 13, 2024 Planning Commission meeting, to be held at Brooklyn Center City Hall, 6301 Shingle Creek Parkway, at 7:00 p.m. 6. DISCUSSION ITEMS 6a. City Council Updates | Upcoming Planning Commission Applications Ms. McIntosh requested the Commissioners be present at the June meeting. She stated there may be an application coming up from the school district. Ms. McIntosh pointed out Wangstad Commons is under construction, and they hope to complete the project by the end of the year. As an update, the City Council did approve the conversion of the former Discount Tire at 1450 Shingle Creek Crossing to an expanded Icon Beauty Supply Store. PC Minutes 5-9-24 -24- DRAFT Commissioner Dunn asked what happens next with the previously discussed property. Ms. McIntosh stated the plats would need re-approvals from Council and the plats recorded. The City EDA would need to approve an amended Development Agreement in order for the 2020 plans to move forward. Chair Koenig asked what alternative there could be for the land, considering there is a potential foreclosure. Ms. McIntosh stated the lender could foreclose on the property. From there, the lender would likely identify a different developer to come in for a project. It is to her understanding the properties would likely not go back to the City EDA. She suggested any other comments be withheld until the discussion at the June 13 meeting. 7. ADJOURNMENT There was a motion by Commissioner Christensen, seconded by Commissioner Dunn, to adjourn the Planning Commission meeting. Voting on the motion: Chair Koenig and Commissioners Christensen, Schonning, and Dunn voted aye. The motion passed unanimously. The meeting adjourned at 9:32 p.m. _______________________________ __________________________________ Ginny McIntosh, Secretary Alexander Koenig, Chair PC Minutes 3-14-24 -1- DRAFT MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA MARCH 14, 2024 1. CALL TO ORDER The Planning Commission meeting was called to order by Chair Koenig at 7:03 p.m. The meeting was conducted in person and via Webex. 2. ROLL CALL Chair Alexander Koenig, Vice Chair Randy Christensen, and Commissioners Stan Leino, and Stephen Schonning were present. Planning Manager Ginny McIntosh and Associate Planner Krystin Eldridge were also present. Commissioners Paris Dunn and Stephanie Jones were absent and excused. 3. APPROVAL OF AGENDA – MARCH 14, 2024 There was a motion by Commissioner Christensen, seconded by Commissioner Leino, to approve the agenda for the March 14, 2024 meeting as presented. Voting on the motion: Chair Koenig and Commissioners Christensen, Schonning, and Leino voted aye. The motion passed unanimously. 4. CHAIR’S EXPLANATION Chair Koenig explained the Planning Commission’s role as an advisory body. One of the Commission’s functions is to hold public hearings. In the matters concerned in these hearings, the Commission makes recommendations to the City Council. The City Council makes all final decisions in these matters. 5. PLANNING APPLICATION ITEMS 5a. Planning Commission Application No. 2024-002 Applicant | Property Owner: Icon LLC | Halle Properties LLC Property Address: 1450 Shingle Creek Crossing Property ID: 03-118-21-41-0037 Summary: The Applicant is requesting review and consideration of a proposal to convert the former Discount Tire located within the Shingle Creek Crossing shopping center to an Icon Beauty retail store. This proposal PC Minutes 3-14-24 -2- DRAFT triggers major site and building plan and Planned Unit Development (PUD) amendments under City Code. Planning Manager Ginny McIntosh introduced the item and invited Associate Planner Krystin Eldridge to continue the presentation. Ms. Eldridge explained the applicant is requesting review and consideration of an amendment to the 2011 Shingle Creek Crossing Planned Unit Development (PUD) and a major site and building plan amendment that would ultimately convert the former Discount Tire located at 1450 Shingle Creek Crossing into a beauty and cosmetics retail store. The property is a one-story, approximately 7,322-square foot former tire retail store that provided on-site installation services. The applicant is already a tenant of Shingle Creek Crossing shopping center at 1090 Shingle Creek Crossing, and neighbor to Aspen Dental and Domino’s Pizza. Icon Beauty has indicated a desire to not only expand their retail footprint but also to purchase property within the shopping center. Ms. Eldridge stated the property has been owned by Halle Properties since 2013 and has been vacant since 2022. The lot is just over one acre and is zoned for PUD/C2. She showed images of the property. The property originally received approval as a pad site for Gatlin Development Company under the 2013 Shingle Creek Parkway PUD Master Plan. The then proposed approximately 7,322-square foot Discount Tire ultimately received approval under Planning Commission Application No. 2013-017 and City Council Resolution No. 2013-130. The existing building was approved with three (3) bay doors to accommodate tire and wheel repair and replacement. The remaining area was a lobby. Ms. Eldridge pointed out the applicant and development team approached City Staff in May 2023 regarding the potential reuse of the property. City Staff talked through the high-level changes and provided feedback to the development team with the intent of proceeding with submittal of a Planning Commission application by late summer; however, conversations stalled for a time. The Applicant re-engaged with City Staff in early February of this year. Ms. Eldridge noted, as proposed, the Applicant intends to convert the approximately 7,322-square foot former Discount Tire, which was approved with approximately 1,980 square feet of front entry sales and display (retail), office, and restrooms, and remaining approximately 5,342-square feet of automotive repair area and storage, to an all-retail use with ancillary storage. A request to amend the existing Shingle Creek Crossing Planned Unit Development and any master plan documents is required as the City’s Unified Development Ordinance requires Council action any time the a “major amendment” threshold is triggered. Ms. Eldridge explained there are no plans to modify or remove any of the access points. The north side of the property provides for two-way circulation around the site, as well as access to trash enclosure and fire access. The property is accessed internally via the 56th Avenue North entrance located off Xerxes Avenue North and on the west end of the shopping center property. Additional access to the site is available off County Road 10 by utilizing the private road network within the shopping center. As noted previously, the Subject Property currently sits on a 1.02-acre parcel and PC Minutes 3-14-24 -3- DRAFT was approved with 36 on-site parking stalls. The original 2011 approvals of the shopping center stipulated that a minimum of 4.5 stalls of parking be provided for every 1,000-square feet of building or buildings be provided for retail uses. Assuming the conversion of the former Discount Tires and bay areas to retail space with some ancillary storage space, a minimum of 33 parking spaces would be required. It appears there are currently 35 parking spaces on-site today, which satisfies the minimum parking necessary for the expanded retail use. Ms. Eldridge stated, as proposed, the three existing bay doors would be removed and the walls modified on the building’s east elevation. Given the bay doors, no curbing is currently in existence. This elevation would be revised with curbing. Once installed, the above site plan indicates a 35-foot drive aisle, which is well beyond the minimum 24-foot wide drive aisle requirement to allow for two-way traffic. Ms. Eldridge pointed out City Staff requests that an updated inventory be provided noting all existing landscaping and their condition. The provided site plan identifies certain plantings; however, their type and species are not identified. Should any plantings be missing from the approved landscape plans, the Applicant shall submit proposed replacements for review and approval by City Staff. Ms. Eldridge noted there is an approved landscape plan on file from the 2013 approval of Discount Tire, which at the time noted the installation of 12 new shade and ornamental trees, consisting of seven honey locusts, two river birch, two crabapple, and one quacking aspen. These trees were to be planted primarily along the eastern edge of the site in the designated island surrounded by two driveway access points. The plans presented under Planning Commission Application No. 2013- 017 further noted a row of “existing shrubs,” later noted as perennials and spirea, that were planted along the westerly lot line and fronting Xerxes Avenue North, which were initially planted as part of streetscape improvements made along Xerxes Avenue North and Bass Lake Road in the years preceding the 2013 proposal. Ms. Eldridge stated the applicant did not submit any photometric plans and has no plans to make alterations to the existing exterior lighting. Per Planning Commission Application No. 2013-017, two 39-foot poles and one 28-foot pole were approved for the Subject Property and were to provide downcast lighting with cut off luminaires; this lighting shall be maintained. Six low profile LED wall pack lights were affixed over the automotive bay door areas and above doorway entries to the building. Although wall pack lighting is not permitted per City Code except for loading and service areas, this lighting may remain assuming it is operational. Given the proposed new use of the building, City Staff would not be opposed to upgrading the lighting to conforming lighting such as sconces, and particularly given the proposed modifications to the east elevation. Ms. Eldridge added the existing trash enclosure appears to be in good condition and no plans for modification were presented. With the exception of addressing the plantings located on the backside of the enclosure, City Staff has no comments other than to ensure the enclosure remains in good condition. Ms. Eldridge pointed out Shingle Creek Crossing Planned Unit Development has an approved PC Minutes 3-14-24 -4- DRAFT “Architectural Design Guidelines” plan that regulate building materials on buildings located within the shopping center. The key elements of this plan are that all new buildings would need to provide four-sided architecture in their designs, meaning all four elevations must provide a nice, consistent use of material on all four sides of the buildings, including rear elevations. Buildings, and Building Site A specifically, are required to incorporate at least 50 percent or more of Class 1 and remaining Class 2 materials as part of their elevations. With the demolition of the bays, new materials and calculations or percentages have been reconfigured. Ms. Eldridge added Building Official Dan Grinsteinner conducted a cursory review on March 4, 2024 for the proposed reuse of the former Discount Tires and for the intended reuse of the building as a beauty and cosmetics retail store. Given the re-classification of the building, it is anticipated the building will require issuance of a fire sprinkler permit and potential modifications to sprinkler heads. It was noted that the existing mezzanine’s open grates remain open for fire protection and, if covered, fire protection will be required under the mezzanine area per NFPA 13. The flammable interceptors noted on the original plans and given the former automotive use will require that they be properly abandoned and all floor drains, trench drains, and floor sink capped as specified in the provided memo. Ms. Eldridge stated the building’s automotive bay area was categorized as an existing S1 occupancy and as such, the space was not conditioned. The reuse of this area for retail will require certain alterations to comply with MN ASHRAE (American Society of Heating, Refrigerating and Air-Conditioning Engineers). Ms. Eldridge noted no specific proposals were made as part of the Planning Commission Application submittal for signage, and no requests or provisions were made as part of the Discount Tire approvals under Planning Commission Application No. 2013-017. As such, any proposed signage, including directional signage, will need to comply with the adopted Shingle Creek Crossing Signage Guidelines for a pad tenants. In cases where the guidelines do not clearly address certain signage types or requirements, said signage shall remain subject to the City’s signage provisions. OPEN TO PUBLIC COMMENTS – APPLICATION NO. 2024-002 There was a motion by Commissioner Christensen seconded by Commissioner Leino, to open the public hearing on Application No. 2024-002. Voting on the motion: Chair Koenig and Commissioners Christensen, Schonning, and Leino voted aye. The motion passed unanimously. Ms. McIntosh noted she received a comment from a local business owner, Matt Durand. The email is included in the packet, and she read the email aloud: “I just received the letter in the mail regarding the new tenant to occupy the Discount Tire. As an owner of two business located near this, I wanted to express my 100% support of the new Icon Beauty retail store. I believe this business will do very well in that space and am PC Minutes 3-14-24 -5- DRAFT looking forward to the Discount Tire space being filled. Please use this letter to reflect a local business who supports this new occupancy. Hope to see more of these letters in the near future.” No one else wished to address the Council. MOTION TO CLOSE PUBLIC COMMENTS (HEARING) There was a motion by Commissioner Schonning seconded by Commissioner Christensen to close the public hearing on Application No. 2024-002. Voting on the motion: Chair Koenig and Commissioners Christensen, Schonning, and Leino voted aye. The motion passed unanimously. Commissioner Christensen asked if there will be sidewalk around the building. Philip Briggs, Architect with Firm Ground Architects, explained there is a drive out near the three existing doors. The north and south sides of the site have curb and gutter. The slope is away from the building. If it is the City’s preference, the applicant is fine with an alternative. Commissioner Christensen suggested the landscaped island be removed to allow for a sidewalk to be directly adjacent to the building entrance. It would provide easier access for pedestrians. He showed Ms. McIntosh the area in question. Ms. McIntosh showed the area on the large screen and pointed out it is rock. Commissioner Christensen requested the sidewalk continue to the edge of the curb line. Ms. McIntosh explained the existing sidewalk will already be continued to cover the majority of the front of the building. City Staff had asked for more details about curbing near the sidewalk. Chair Koenig stated curbing on the sidewalk would be preferrable. Ms. McIntosh pointed out the previous use didn’t have much pedestrian use, so there wasn’t a need for sidewalks. Commissioner Schonning noted he is in favor of removing the drive-in path along the bay doors because people are going to park there. Commissioner Schonning asked what material will be used surrounding the main entrance. Mr. Briggs showed a potential image of the front. He stated the brick would try to match the existing materials, though the specific materials have not been chosen. Commissioner Schonning asked if there are windows on the side of the building. Mr. Briggs explained the rectangles shown on the elevation are faux windows. Inside there will be wall displays. They believe there will be enough natural light from the front doors and windows. PC Minutes 3-14-24 -6- DRAFT Chair Koenig asked if the elevation depicted the accurate material color. Mr. Briggs confirmed it is as close as they could get with the elevation. There is a portion of the wall currently painted red that they will paint black instead. Ms. McIntosh noted she spoke with Frank Gatlin of Gatlin Development Company and owner of Shingle Creek Crossing shopping center regarding the new use and existing agreement. The materials meet all of the City’s requirements. Chair Koenig stated the sidewalk would show pedestrians where to park and also make the exterior more attractive. Both the owner and the City would benefit. The other Commissioners noted their agreement. Chair Koenig asked if there would be landscaping. Ms. McIntosh stated there would be room for landscaping, whether or not there is a sidewalk added. Commissioner Christensen asked how the irrigation works in the shared area, such as the southeast portion. Ms. McIntosh stated Staff would have to look at the plans. It is usually a requirement of similar buildings. Mr. Briggs stated he would confirm the controls are inside the building. Chair Koenig noted there may be some parking issues with the opening of the new restaurant. ACTION TO RECOMMEND APPROVAL OF PLANNING COMMISSION APPLICATION NO. 2024-002 SUBMITTED BY ICON LLC There was a motion by Commissioner Christensen, seconded by Commissioner Leino, to recommend City Council approval of Planning Commission Application 2024-002 for the requested site and building plan (major) and Planned Unit Development (PUD) amendments to allow for conversion of the former Discount Tire, located at 1450 Shingle Creek Crossing and identified within the Shingle Creek Crossing Master PUD plans and documents as Building Site A, to an approximately 7,322-square foot Icon Beauty retail store, subject to the Applicant complying with the outlined conditions of approval. Voting on the motion: Chair Koenig and Commissioners Christensen, Schonning, and Leino voted aye. The motion passed unanimously. And the following voted against the same: None The motion passed unanimously. 6. DISCUSSION ITEMS 6a. City Council Updates | Upcoming Planning Commission Applications Ms. McIntosh stated there was a first and second reading on the UDO amendments. Councilmember Jerzak had some questions about fencing and other requirements. The PC Minutes 3-14-24 -7- DRAFT amendments related to daycares, the airport, building heights, and more. The Council agreed with the Commission’s preference for a 32-foot height requirement. Commissioner Christensen added Councilmember Jerzak had questions about fencing materials and had concerns about limiting the number of materials. The enforceability would be difficult considering the homes with fencing that would be grandfathered in. Any updates or replacements to the fence would need to comply with the new regulations. Additionally, the term “good condition” is vague and difficult to enforce. Commissioner Christensen pointed out he didn’t share the same enforceability concerns. The language in question already existed and wasn’t part of the updates. Ms. McIntosh stated the conditional use permit for 5501 Xerxes Avenue North was reviewed and approved by City Council. As of now, the applicant is continuing to move forward. There is a difficulty regarding the sprinkler requirement. They would have had to tear up the parking lot and install a new water main to support a sprinkler. City staff is exploring exceptions options under Code. Ms. McIntosh pointed out the daycares were a huge driver for the UDO changes. There are two daycares that are looking to submit applications to City Staff, but there are some time restrictions because of the notice requirements with the UDO updates. Ms. McIntosh stated the next meeting may only have one application. 6b. City of Brooklyn Center Business and Development Updates Ms. McIntosh noted Empire Foods opened recently in the former Walmart site. They are looking to fill the other retail spaces. The new 102 Boba store and Harold’s Chicken have opened. The restaurant is extremely popular, even in the morning. The former Family Dollar store is being repurposed for salon suites. Dos Hermanos will be taking over the former Applebee’s, and they are awaiting some license and permit approvals. Ms. McIntosh stated she spoke with the developer on Wangstad Commons, and they are ahead of schedule. A coworking space, Regus, is looking into renovating a space at 6160 Summit Drive. It provides a number of supports for small businesses such as phone answering and reception services, hot desks, dedicated office space, meeting room space, or even providing a business address for businesses. Ms. McIntosh explained the Opportunity Site was supposed to provide a business incubator space. However, another organization may move forward with a business space at Shingle Creek Center. CAPI has a capital campaign for an expansion of their building off Brooklyn Boulevard. The City has been supporting their grant applications. Ms. McIntosh added the Council received a more updated draft of the Opportunity Site. The consultants are receiving feedback. The Council is clear they want construction. Unfortunately, costs and interest rates are still high. Project for Pride in Living have their funding on a countdown PC Minutes 3-14-24 -8- DRAFT and Resurrecting Faith World Ministries is also ready to begin construction. However, they are awaiting infrastructure. Alatus was supposed to handle the infrastructure, but it is not currently financially feasible for them. The City is working with Alatus to find alternative solutions. 6c. Legislative Updates Ms. McIntosh explained there are a number of zoning bills being reviewed by the legislature. Staff is unsure what will happen. She stated similar bills were considered last year, but there wasn’t much traction. Ms. Eldridge noted one bill is to promote missing middle housing. Another addresses emergency housing facilities. Ms. McIntosh stated the missing middle housing bill has a sort of a la carte selection. For example, it could impact parking spots or transit areas. Commissioner Christensen pointed out it is interesting to consider how the distance to transit areas because there is a difference on either side of a given building. There are already too few parking spots. It also effects emergency vehicles. Commissioner Leino added there is a lack of housing. Rents are expensive and mortgages are expensive. Mass transit is looking promising, and it is unclear if car use will decrease. Ms. McIntosh stated City staff has concerns that the legislature is not looking at these changes holistically. As an example, the marijuana legislation and regulations are still in the works despite receiving approvals. Commissioner Leino stated the duplexes and triplexes aren’t a long-term solution, though it is a step to address the housing shortage. Ms. McIntosh added the bulk of missing units are in the Metro area. There would likely need to be a moratorium to address the updating of codes should the missing middle housing bill pass, which would hold up housing development. Chair Koenig noted other cities have greater capacity to take on such proposals, unlike Brooklyn Center. Development within Brooklyn Center is difficult already as it is built out. Ms. McIntosh stated when there is a shortage of housing, the market controls the rent. Commissioner Christensen noted some people are advocating for rent control measures. There could be a number of unintended consequences for various legislative efforts. Ms. McIntosh added Brooklyn Center is already trying to do a number of things in the missing middle housing legislation. The City has a ton of Naturally-Occurring Affordable Housing options, and a number of contract for deed purchases, and group homes. The amount of affordable housing triggers requirements for Council approval of developments. There are also unintended consequences with the demand for affordable housing and specifically in Brooklyn Center with respect to changes to the 4D program. New affordable developments are likely to ask for Tax Increment Financing (TIF) and 4D. With the recent changes to the 4D program, it almost doesn’t make sense to request TIF anymore. PC Minutes 3-14-24 -9- DRAFT Commissioner Christensen pointed out there needs to be a balance. If there is too much affordable housing in a particular tax base, then the housing is no longer affordable because of the increased tax burden. Minneapolis, for example, has a lot of rental properties, but they also have a fair amount of homeowners and businesses contributing to the tax base. Plus, Minneapolis has mass transit. Ms. McIntosh stated Brooklyn Center’s taxes are higher than Edina’s taxes. Commissioner Christensen stated home ownership needs to be promoted for any impactful changes. Ms. McIntosh noted the legislative session should wrap up before the end of May. Chair Koenig acknowledged the Commissioners have been involved in Brooklyn Center for a number of years. During that time, development in the City has fluctuated. The type of updates provided by Ms. McIntosh is reminiscent of previous years. Commissioner Leino added there is a certain perception of Brooklyn Center and other areas nearby. For example, different stadiums were considered in the Northwest portion of Minneapolis and its suburbs. However, it has been beneficial to Brooklyn Center because they have not been negatively impacted by traffic or other issues. There was also pushback on eliminating the movie theater to allow for Top Golf. Chair Koenig stated Ms. McIntosh is doing a good job. Ms. McIntosh explained her Department is taking an assertive stance and offering more options. How do we bring more businesses to Brooklyn Center? More people are being hired for the Community Development Department. The Economic Development Coordinator is being filled, and we will have a full department soon. We are hopeful. 7. ADJOURNMENT There was a motion by Commissioner Leino, seconded by Commissioner Schonning, to adjourn the Planning Commission meeting. Voting on the motion: Chair Koenig and Commissioners Christensen, Schonning, and Leino voted aye. The motion passed unanimously. The meeting adjourned at 9:19 p.m. _______________________________ __________________________________ Ginny McIntosh, Secretary Alexander Koenig, Chair PC Minutes 2-8-24 -1- DRAFT MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA FEBRUARY 8, 2024 1. CALL TO ORDER The Planning Commission meeting was called to order by Chair Koenig at 7:15 p.m. The meeting was conducted via Webex. 2. ROLL CALL Chair Alexander Koenig, Vice Chair Randy Christensen, and Commissioners Stan Leino, Stephanie Jones (arrived at 7:45 p.m.), and Stephen Schonning were present. Planning Manager Ginny McIntosh, Artist-in-Residence Raquel Goutierez, and Associate Planner Krystin Eldridge were also present. Commissioners Dunn was absent. 3. APPROVAL OF AGENDA – FEBRUARY 8, 2024 There was a motion by Commissioner Christensen seconded by Commissioner Schonning, to approve the agenda for the February 8, 2024 meeting as presented. Voting on the motion: Chair Koenig and Commissioners Christensen, Schonning, and Leino voted aye. The motion passed unanimously. 4. ELECTION OF PLANNING COMMISSION CHAIR FOR YEAR 2024 Commissioner Leino nominated Commissioner Koenig to serve as Chair for 2024. Commissioner Koenig accepted the nomination. Commissioner Koenig asked if there were any other nominations. There was no response. There was a motion by Commissioner Leino, seconded by Commissioner Christensen to close the floor for nominations. Voting on the motion: Commissioners Koenig, Christensen, Schonning, Jones, Dunn, and Leino voted aye. The motion passed unanimously. Planning Manager Ginny McIntosh noted Commissioner Koenig was the only nomination. She asked who was in favor of the nomination for Commissioner Koenig to serve as Chair. Commissioners Koenig, Christensen, Schonning, Jones, Dunn, and Leino voted aye. PC Minutes 2-8-24 -2- DRAFT There was a motion by Commissioner Leino, seconded by Commissioner Schonning, to accept the results and election of Chair for 2024. Voting on the motion: Commissioners Koenig, Christensen, Schonning, Jones, Dunn, and Leino voted aye. The motion passed unanimously. Ms. McIntosh stated Chair Koenig would serve as Chair of the Planning Commission for 2024. 5. APPOINTMENT OF 2024 VICE CHAIR BY PLANNING COMMISISON CHAIRPERSON Chair Koenig asked who would like to serve as Vice Chair of the Planning Commission. Commissioner Christensen stated he would like to serve as Vice Chair of the Planning Commission. Chair Koenig appointed Commissioner Christensen to serve as Vice Chair of the Planning Commission for 2024. 6. CHAIR’S EXPLANATION Chair Koenig explained the Planning Commission’s role as an advisory body. One of the Commission’s functions is to hold public hearings. In the matters concerned in these hearings, the Commission makes recommendations to the City Council. The City Council makes all final decisions in these matters. 6. PLANNING APPLICATION ITEMS 7a. Planning Commission Application No. 2024-001 Applicant | Property Owner: Totem Foods Inc Property Address: 5501 Xerxes Avenue N Property ID: 03-118-21-44-0033 Summary: The Applicant and Property Owner is requesting review and consideration of a proposal to convert the former Big O Tires location, located at 5501 Xerxes Avenue North, to a State of Minnesota DVS vehicle inspection station. Upon review of the proposal, it was determined that approval of a conditional use permit (CUP) is required. Associate Planner Krystin Eldridge showed a map of the area in question and pointed out the adjacent businesses. She explained the applicant is requesting approval of a conditional use permit that would convert the former Big O Tires located at 5501 Xerxes Ave North into an inspection station for the State of Minnesota Department of Public Safety (DPS) and Division of Driver and Vehicle Services (DVS). The property is a one-story, approximately 8,250-square foot tire retail PC Minutes 2-8-24 -3- DRAFT store that previously provided on-site installation services. Totem Foods, Inc, submitted this application on behalf of and in coordination with the proposed tenant, State of Minnesota Department of Public Safety, and assume a 10-year lease commitment. Ms. Eldridge pointed out the property originally received site and building plan approval in 1966 under Planning Commission Application No. 66060 for what was originally a Goodyear automotive and tire shop, along with the neighboring Pearle Vision building located at 5515 Xerxes Avenue North, which was originally a Superette retail store. Following closure of the Goodyear automotive and tire shop, Big O Tires occupied the space for a time before closing last year. The property has remained vacant since. Ms. Eldridge noted the property was originally approved with a total of 61 on-site surface parking spaces and 10 interior bay spaces. A survey conducted of the property in 2022 appears to show a revised configuration with 44 on-site surface spaces and five bays. City Staff calculated parking requirements to be at 31 parking spaces. The proposal is not a Site and Building Plan request. However, the applicant did submit architectural renderings and a photometric plan as improvements will be made to the site, and to provide justification for the conditional use permit criteria. Ms. Eldridge stated the State of Minnesota Department of Public Safety (DPS) approached City Staff in late October regarding the potential reuse of the former Big O Tires, to a State vehicle inspection location. As proposed, the State would enter into a 10-year lease agreement with Applicant and Property Owner Totem Foods, Inc. The State has operated this program since 1989 and has various locations around the state and are seeking to expand their presence across the Twin Cities metro and throughout greater Minnesota. Ms. Eldridge pointed out the property has multiple curb cuts located off the west side of the property, adjacent to a private road, and one shared curb cut off Xerxes Avenue North with the Pearle Vision building. Both sites have additional curb cutes providing alternative ingress and egress to their respective properties. Eighty percent of the vehicles inspected come from auto dealers and are scheduled in advance online. Ms. Eldridge stated DVS employees carry out vehicle re-certification inspections on prior salvage vehicles that have been fully repaired, ensuring vehicles are roadworthy and that all parts were obtained legally. DVS indicated that no repairs would take place on site of the property and the existing hoists would be removed. Ms. Edridge noted Staff determined the closest use under the City’s Unified Development Ordinance (UDO) was that of an “automobile and truck repair and service station,” which are permitted as a conditional use in the Commercial Mixed-Use (MX-C) District where the property is located. Ms. Eldridge stated City Staff brought the proposal for the property to the January 8, 2024 City Council meeting for a concept review. There was a short presentation provided along with high- level renderings, a circulation layout for the queuing of vehicles, and a narrative from the State of PC Minutes 2-8-24 -4- DRAFT Minnesota Department of Public Safety. Though concept reviews are non-binding, the Council was supportive of the use. Ms. Eldridge noted in discussing the proposed use with City staff, City staff determined that the closest “use” under the City’s App. No. 2024-001Unified Development Ordinance (UDO) was likely that of an, “automobile and truck repair and service station,” which are permitted as a conditional use in the Commercial Mixed-Use (MX-C) District where the Subject Property is located. Although the building occupying the Subject Property today was originally constructed in 1966 as a Goodyear tire and auto shop and would have historically required issuance of a special use permit, City staff indicated that they did not see a path forward for reuse of a use permit as the proposed use and overall functionality of the inspection location differs from that of an auto shop. Ms. Eldridge stated Conditional Use Permits (CUP), 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 City Council. The CUP process regulates location, magnitude, and design of conditional uses consistent with the Comprehensive Plan as well as the regulations, purpose, and procedures of the City’s UDO. Ms. Eldridge pointed out a CUP may not be granted unless certain criteria have been satisfied. First, the conditional use will be in accordance with general objectives, or with any specific objective, of the City’s Comprehensive Plan and this UDO. The applicant responded to say it will provide a stable business for an unoccupied site. The applicant will keep the site in good condition and help keep the property and the surrounding area attractive, clean, and safe. Ms. Eldridge stated next, 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 applicant responded to say the use promotes and enhances the general public welfare in that the inspections done are for the purpose of ensuring parts installed on vehicles were legally purchased. Ms. Eldridge added 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. The applicant’s response showed the use will not be injurious to the use and enjoyment of other properties, nor diminish their value. The inspection use will be less impactful than traditional automotive uses, and there will not be noise related with repairs. No vehicle parts will be stored at the site, and State vehicles would be parked inside overnight. Ms. Eldridge stated the CUP requires that the conditional use will not impede the normal and orderly development and improvement of surrounding property for permitted uses. The State’s intended use will not impede development. There is nothing with the use that restricts surrounding uses or development. PC Minutes 2-8-24 -5- DRAFT Ms. Eldridge noted the CUP requires that adequate measure have been or will be taken to provide ingress, egress, and parking so designed as to minimize traffic congestion in public streets. Traffic will flow in the front of the property and out the back. There is plenty of parking and space at the site for the proposed use. The site will not be conducting inspections of large vehicles such as semis. Ms. Eldridge added impacts such as noise, hours of activity, and exterior lighting must be sufficiently addressed to mitigate negative impacts. Given that no automotive repairs will occur at the site, there will not be the noise a traditional automotive use may have. It is intended to operate within traditional business hours and existing exterior lighting will be repaired by the owner of the property. Ms. Eldridge pointed out engineering reviewed the plans and provided high level comments dated January 3, 2024. As a typical automotive service center of this size would have a peak hourly traffic of 35 to 55 cars, the proposal represents a potential 40 percent reduction in traffic from the previous use. As proposed, the use would anticipate 15 vehicles per hour across five bays. With respect to erosion control, the submitted narrative does not discuss potential areas of site disturbance. This would be reviewed as part of the building permit process. Ms. Eldridge explained the Building Official conducted a cursory review of the submission in a memo dated February 2, 2024 and determined the re-classification of the building. A Metropolitan Council Sewer Availability Charge determination for the change of use shall be submitted prior to issuance of any permits. Ms. Eldridge added a public hearing notice for the conditional use permit request was published in the Brooklyn Center Sun Post on January 25, 2024 and properties located within the notification area received a copy of the notice and map, along with a link to the scheduled virtual Planning Commission meeting. The notice was also published on the City’s website. Ms. McIntosh noted since there is now a Conditional Use Permit process, a resolution will detail any restrictions as part of the conditional use. City Staff couldn’t find any record of an agreement for the shared driveway. It is recommended the owner follow up on the shared driveway. Ms. McIntosh explained Staff used to provide resolutions for the Planning Commission to vote on. However, it is not a requirement, per advice of the City Attorney. The Commission acts as an advisory body for the Council. Ultimately, Staff decided not to write specific alternatives for the Commission. OPEN TO PUBLIC COMMENTS – APPLICATION NO. 2024-001 Commissioner Jones arrives during this presentation at 7:45 p.m. There was a motion by Commissioner Christensen, seconded by Commissioner Leino, to open the public hearing on Application No. 2024-001. PC Minutes 2-8-24 -6- DRAFT Voting on the motion: Chair Koenig and Commissioners Christensen, Schonning, Jones, and Leino voted aye. The motion passed unanimously. Diane Sannes stated the proposed use is a great option for the area. The nearby Falafel King located at 5500 Brooklyn Boulevard is excited about the potential use. She noted her desire for the application to be approved. Chair Koenig asked for additional comments. No one else wished to address the Planning Commission. MOTION TO CLOSE PUBLIC COMMENTS (HEARING) There was a motion by Commissioner Leino, seconded by Commissioner Schonning, to close the public hearing on Application No. 2024-001. Voting on the motion: Chair Koenig and Commissioners Christensen, Schonning, Jones, and Leino voted aye. The motion passed unanimously. Commissioner Schonning asked what material is being used over the brick. Chad Haller, representative of 10K Architecture, stated it is a wood-look product that is very low-maintenance. Commissioner Christensen asked if there is a plan to tuckpoint or rip and replace. Mr. Haller stated they walked the site with a structural engineer. There are areas where the brick needs to be repointed. The new system will have a weather barrier to prevent water entering the materials and freezing. Ms. McIntosh stated the Commission is welcome to ask questions of the guests. However, since the application is for a CUP, the architectural and photometric plans were only provided as background information. There isn’t a site and building plan review for the Commission to consider. Commissioner Christensen asked if the shared agreement will be part of the CUP. Ms. McIntosh stated the anticipated conditions include a condition to work with the adjacent property owner. Ms. McIntosh added Staff reviewed the old parking requirements and determined the previous calculation for parking. When the site was developed, there was a requirement for 61 surface parking spaces along with 10 bay parking spots. The neighboring property located at 5515 Xerxes Avenue North was originally developed as a Superette and also had use of some of the parking in Goodyear’s lot. Between the two sites, 106 spots were required in the 1960s. The new calculations show a need for 31 parking spaces on site. The Superette site, which is now Pearle Vision, only needs 11 spots when utilizing the parking calculations under the City’s current Unified Development Ordinance. PC Minutes 2-8-24 -7- DRAFT Commissioner Christensen asked if it will be a one-way off of Brooklyn Boulevard. Rick Mendlik, representative of State of Minnesota, stated the intent for the shared access off of Xerxes will be one-way for the use, but it will be a two-way for drivers. Ms. McIntosh pointed out the State provided calculations that showed no more than 15 cars per hour would access the site. Each inspection is expected to take approximately 20 minutes. Commissioner Christensen asked if anything is being done for the surface of the lot. Bruce Carlson, Project Manager with Launch Properties, stated some areas will be repaired and patched, such as the entrance and exit areas. The rest of the surface only needs a reseal and repaint. Any additional work is unnecessary and would require additional permitting. Commissioner Leino stated there is usually a master agreement or something in the lease document detailing the shared access agreement. Mr. Carlson stated he hasn’t seen any such documents. Commissioner Jones asked when the building is planned to open. Mr. Carlson explained if the application is approved by the Council, they would work on construction drawings over the course of a few weeks. Then they would apply in early April for a building permit. Then the earliest work could begin would be May. Commissioner Jones asked if there are other locations with the same function and, if so, where they are located. Greg Loper, Vehicle Services Program Director for the State of Minnesota Driver and Vehicle Services, explained there is a site in St. Cloud that isn’t meeting their needs. The legislature gave the Division money to expand the offering to another location. They are looking to add sites in Bemidji, Duluth, Fergus Falls, and Rochester. There is a combination site in Marshall, and they hope to expand operations in Mankato. Chair Koenig noted the use would promote other nearby businesses. He asked if the employees are employed by the State. Mr. Loper confirmed the employees are State employees. Chair Koenig asked if there is an opportunity to expand the location. Mr. Loper stated they are still trying to understand the impacts of COVID-19. Fewer new vehicles are available and fewer vehicles are being repaired. It is possible the building may be too small, but they don’t believe that will be the case. Some inspectors will go on-site to dealerships to ensure the right services are being offered in the right place. Chair Koenig asked if there will be signage or other attempts to mitigate customers lining up on the street. Mr. Loper stated before the pandemic, it worked well for people to come and go as they please. Since then, they have implemented a dynamic online scheduling system. They won’t let the lines backup into the street. The emails sent out and on-site signage will provide additional details for customers to know where to go. Commissioner Leino stated the proposal is a good use of the space. Also, there will be more potential customers for existing businesses. The location is convenient as well. PC Minutes 2-8-24 -8- DRAFT Ms. McIntosh reviewed the conditions of approval with the Commissioners. There are a few items the applicant will have to complete and provide to Staff such as photometric plans, proper trash screening, and addressing of the shared access. ACTION TO RECOMMEND APPROVAL OF PLANNING COMMISSION APPLICATION NO. 2024-001 SUBMITTED BY TOTEM FOODS INC There was a motion by Commissioner Leino seconded by Commissioner Jones, to recommend City Council approval of Planning Commission Application No. 2024-001 for approval of a conditional use permit (CUP) for the Subject Property located at 5501 Xerxes Avenue North for a State of Minnesota Department of Vehicle Services (DVS) inspection station, subject to the Applicant complying with the Approval Conditions. Voting on the motion: Chair Koenig and Commissioners Christensen, Schonning, Jones, and Leino voted aye. The motion passed unanimously. And the following voted against the same: None The motion passed unanimously. 6b. An Ordinance Adopting Comprehensive Amendments to Chapter 35 (Unified Development Ordinance) of the City Code of Ordinances Summary: The City of Brooklyn Center is requesting consideration of certain comprehensive amendments to Chapter 35 of the City Code of Ordinances, including: (1) the adoption and incorporation of the Crystal Airport Zoning Ordinance, (2) permit requirements for the placement of fences, (3) amendments to the use of commercial vehicles as an accessory use, (4) amendments to minimum width and depth requirements in the R1 and R2 zoning districts, (5) amendments to the definition of structure height and height requirements in the R1, R2, and R3 zoning districts, and the MRCCA Overlay District, (6) amendments to the density range for the R3 zoning district, (7) supplemental language regarding nonconforming structures and uses, (8) amendments to public notice sign requirements for public hearings, and (9) amendments to the allowed use table with regard to licensed day cares, licensed group family day cares, licensed residential PC Minutes 2-8-24 -9- DRAFT facilities, and massage and sauna establishments. Ms. McIntosh explained prior to January 2023, the City’s zoning code had not been meaningfully updated since the 1960s. In 2019, the City adopted the 2040 Comprehensive Plan and embarked on a major overhaul of the City’s zoning (Chapter 35), sign (Chapter 34), and platting (Chapter 15) codes with consultant Bolton & Menk, as these chapters presented significant barriers, difficulties, and confusion in their ease of use and overall accessibility for not only City staff, but residents, business owners, and prospective developers as well. Further, these chapters were out of compliance with state law, opening the City up to legal risks. City Staff worked with Bolton & Menk to merge the three chapters into one, unified document, which was adopted in January 2023. Ms. McIntosh noted during the adoption process for the City’s current Unified Development Ordinance (UDO), City Staff recognized that no UDO is perfect, and that updating and writing land use policies is as much an “art” as it is a technical process. Given the fact that the City was attempting to re-write a 1960s code to address the needs of “now,” the intent of the updated UDO was to serve as a robust living, breathing document that modernizes City land use policies, and that can be further revised and evolve over time. Ms. McIntosh explained City Staff was of the understanding that the UDO should be reviewed on a regular basis. In keeping with this, City Staff has identified a number of proposed changes to the UDO. It should be noted that the majority of proposed changes address general cleanup; however, the driver for these amendments at this time are primarily due to the recent update to the Crystal Airport Zoning Ordinance and its adoption, and a surge in interested parties wanting to open larger daycares in the City, and Staff realizing the new UDO does not cover larger daycare centers. Ms. McIntosh pointed out a public hearing notice was published in the Brooklyn Center Sun Post on January 25, 2024, and a copy of the notice was published to the City of Brooklyn Center website. Additional notification was sent to the Minnesota Department of Natural Resources (DNR) for the proposed modifications to the MRCCA Overlay District provisions and Metropolitan Airports Commission (MAC) for the proposed adoption of the Crystal Airport Zoning Ordinance. Ms. McIntosh explained the Crystal Joint Airport Zoning Board (JAZB) was formed in 2021 with the intent to update the Crystal Airport’s zoning ordinance, which had not been updated since 1983. Minnesota State Statutes 360.063, Subd. 3(2)(b) requires that, “a joint board shall have as members two representatives appointed by the municipality owning or controlling the airport and two from the county or municipality, or in case more than one county or municipality is involved, two from each county or municipality, in which the airport hazard area is located, and in addition a chair is elected by a majority of the members so appointed.” For the Crystal Airport, these member cities included: Crystal, Brooklyn Park, Brooklyn Center, New Hope, Minneapolis, Robbinsdale, and the Metropolitan Airports Commission (MAC). PC Minutes 2-8-24 -10- DRAFT Ms. McIntosh noted the Joint Airport Zoning Board ultimately convened numerous times between October 2021 and November 2023 to develop an updated airport zoning ordinance that would achieve a reasonable level of safety while considering compatible community development and social and economic costs of redistricting land uses. This ordinance was also crafted in response to certain improvements made at the Crystal Airport in 2020, including: lengthening the main runway, converting the parallel runway to a parallel taxiway, and shortening the turf runway. Ms. McIntosh stated a public comment period commenced on April 4, 2023 and closed on May 3, 2023. During this time, a draft copy of the Crystal Airport Zoning Ordinance was made available to the general public at Brooklyn Center City Hall and on the City’s website, and the Metropolitan Airports Commission (MAC) mailed notices to those affected parcels and property owners. A public hearing and open house were held on April 19, 2023 at the Crystal Community Center in Crystal, Minnesota, in which 44 people were present, 25 of which were members of the public. On June 15, 2023, the Joint Airport Zoning Board elected to submit the draft Airport Zoning Ordinance to the MnDOT Commission of Transportation for review and approval. On September 24, 2023 the Joint Airport Zoning Board received notice that the Crystal Airport Zoning Ordinance was approved. On November 8, 2023 the Crystal Joint Airport Zoning Board met and considered the Commissioner’s Order; the draft Airport Zoning Ordinance approved by the Commissioner; and the Final Statement of Legal Authority, Findings of Fact, Conclusions of Law, and Order. Ultimately, the JAZB elected to approve the aforementioned documents with the understanding that each municipality would need to incorporate the new Crystal Airport Zoning Ordinance into their respective zoning ordinances and update their official zoning map to reflect the new airport zones. Ms. McIntosh explained that following discussion with the City Attorney, City Staff agreed to create a new overlay district within Chapter 35 of the City Code. The major change would be for the new Ordinance to be adopted as an appendix. The new Ordinance would create height restrictions and restrictions on uses that create or cause interference with the operations of radio or electronic facilities. There would also be height restrictions to prevent projection into the Airport’s airspace surface. Also, there are provisions for existing, new, and nonconforming structures and maximum allowable heights. Ms. McIntosh noted fence permits are required prior to any installation of fencing—these requirements are namely to ensure fences are installed in compliance with the City’s regulations regarding materials, height, and setbacks off property lines. Prior to January 2023, the City did not have a fence permitting process. As requested, the identified amendments would provide clarity on when permits are required, and the specific requirements in the residential, Business Mixed-Use (MX-B), and General Industry (I) Districts. Additional language has been added regarding the addressing of potential visual obstructions and vehicle queuing in right-of-way. There are also specific requirements for fencing on corners lots. Commissioner Christensen asked if the way the fence is facing has been considered in the new language. Ms. Eldridge stated the finished side has to be facing out, and it was added. Ms. McIntosh stated there is a limit of two types of fencing per residence. PC Minutes 2-8-24 -11 - DRAFT Ms. McIntosh pointed out when Chapter 35 was adopted in January 2023, accommodations were made to allow residents who drive commercial vehicles and reside in the R1 or R2 District to park their vehicle at their place of residence, subject to certain requirements. As one of the requirements outlines restrictions to the dimensions of a commercial vehicle, City Staff initially proposed a definition that followed the Minnesota Department of Transportation’s vehicle classification scheme. However, this has proven difficult to utilize, and fails to capture some of the vehicles City staff thought options for parking should be afforded to. Ms. McIntosh stated although City Staff had wholly intended and noticed for proposed changes to this section, City Staff will require additional time to work through the current language in Chapter 35 and additional language found in Chapter 19. The provided amendment language contains some light cleanup under Section 35-4402 but otherwise remains the same. Ms. McIntosh added following the adoption of the new Chapter 35 in January 2023, City Staff noted that a provision regarding a minimum 18-foot width and depth requirement for primary dwellings in the R1 and R2 District, which had been in place for decades, was no longer in the document. City Staff is requesting language regarding minimum width and depth requirements for a dwelling in the R1 and R2 Districts be re-introduced to Sections 35-2201, 35-2202, and 35- 5501. It would ensure trailers, tiny homes, or other smaller structures wouldn’t be considered as primary dwellings as those would create a slew of problems such as utility hookups, title paperwork, screening, constraints in having accessory structures, and more. Commissioner Leino asked if the State adopted something that would streamline the process of adopting a trailer as personal property. Ms. McIntosh was not aware, but noted there was a push for tiny homes to be allowed on religious properties. Ms. McIntosh stated the adoption of the new Chapter 35 also introduced two new overlay districts: MRCCA (Mississippi River Corridor Critical Area) and Shoreland. MRCCA was adopted pursuant to certain authorizations and policies contained in Minnesota State Statutes, Chapter 116G, Minnesota Rules, Parts 6106.0010-6106.0180, and the planning and zoning enabling legislation in Minnesota Statutes, Chapters 462 and 473. Ms. McIntosh noted the Legislature of Minnesota delegated responsibility to local governments of the State to regulate the subdivision, use, and development of designated critical areas and thus preserve and enhance the quality of important historic, cultural, aesthetic values, and natural systems, and provide for the wise use of these areas. Ms. McIntosh added similarly, the Shoreland Ordinance regulations adopted by the City of Brooklyn Center serve as an important land use regulation to help protect surface water quality, near shore habitat, and shoreland aesthetics. In utilizing the new Unified Development Ordinance, City Staff determined that the only definition for “height” was the definition provided by the DNR that defines the “height of structure." Ms. McIntosh stated City Staff debated creating another definition for height for those parcels located outside the MRCCA Overlay District; however, with the requested adoption of the Crystal PC Minutes 2-8-24 -12- DRAFT Airport Zoning Ordinance, which also contains a definition for height, this would have resulted in three different definitions of “height.” City Staff is requesting removal of the language “average height of” as there have been a couple occasions now where, despite the maximum height of a detached accessory structure being 16 feet, plans for detached garages have resulted in garages that are, in fact, taller than 16 feet, but meet the requirements by definition due to the “average height” language. With the requested removal of the “average height” language from the definition for “height of structure,” City Staff is also requesting that the maximum height provisions for principal structures located in the R1 and R2 Districts be modified from 25 feet to 30 feet. She added Staff is open to a maximum of 32 feet as that also falls below the model language provided for MRCCA. Commissioner Leino pointed out some homes have an offset peak, so the new provisions would be measuring to the highest peak. Ms. McIntosh confirmed that is correct. Ultimately, it is easier for homeowners and field measurements by Staff. Chair Koenig asked how tall a standard rambler is. Ms. McIntosh stated a rambler is probably around 20 feet tall. A one-and-a-half story home is around 25 feet at the peak. The new development Centra Homes/East Brook subdivision has taller peaks. Ms. McIntosh pointed out there are some very tall homes in Maple Grove. Commissioner Leino added Edina has four-story homes. Multiple Commissioners expressed their preference for 32 feet because it allows for more flexibility. Ms. McIntosh noted City Staff also requests an amendment to the outlined density range within Section 35-2203. The current density range provided for in the R3 District is 3-10 dwelling units per acre. However, Section 35-5100 provides for a density range of 5-15 dwelling units per acre for the R3 District. In reviewing the density ranges for the surrounding zoning districts, and the density ranges identified in the 2040 Comprehensive Plan future land use designations, City Staff believes the adjustment to 5-15 dwelling units per acre is supported. Ms. McIntosh explained in the process of updating the City’s zoning code provisions to the new Chapter 35, nonconformity provisions were included under Sections 35-3101, 35-3103, and 35- 6300. However, no general provisions for nonconformities were provided for elsewhere in Chapter 35. Although nonconformity provisions are outlined within Section 462.357 of the Minnesota State Statutes, City Staff wanted clear language referenced within Chapter 35. Following discussions with the City Attorney, language was crafted under a new section which outlines potential scenarios and how each situation should be handled in the case of an existing nonconformity. There would also be an amendment to Section 3101.k.1.E for removal of assessor language. Ms. McIntosh added City Staff is requesting changes to the language currently outlined under Section 35-7500 and specifically in instances where a notification sign is to be installed in advance of a scheduled public hearing. Currently, Section 35-7504 dictates that a sign shall be installed in PC Minutes 2-8-24 -13- DRAFT cases where a proposal will result in a district boundary change of five acres or more. City Staff is recommending that notification signage be installed whenever there is a proposed re-zoning. Installation of a public notice sign is already required for construction or major alteration of the structure, except one and two-family dwellings, and buildings accessory thereto. Commissioner Jones asked why the acreage requirement is being removed. Ms. McIntosh explained she couldn’t find a reason for that restriction. Ms. McIntosh pointed out the current provisions stipulate that the property owner of a subject property under review as part of Planning Commission application install said public notice sign with content to be approved by the City’s Zoning Administrator. City Staff is requesting that this language be altered as the City has purchased heavy-duty metal signs with the language “Development Proposal Under Review” and contact information for the City’s Community Development Department. Ms. McIntosh stated following the adoption of the new Chapter 35, Staff became aware that the provisions outlined for daycares did not account for larger day cares. City Staff is requesting a new use category be added to Section 35-4103, which would allow for licensed day care facilities in the R3, R4, R5, MX-N1, MX-N2, MX-C, and TOD Districts through approval of a conditional use permit or CUP. Larger daycares would also be permitted through the issuance of, or amendment to, a conditional use permit for places of religious assembly and public and private elementary and secondary schools in the R1 and R2 District. Ms. McIntosh noted that as proposed, the requirements outlined for licensed day care facilities under Section 35-4302 (c) would also be updated to align with Minnesota State Statute requirements outlined under Chapter 245A and Minnesota Rules Chapter 9502. Additional requirements are outlined to restrict the size of a licensed daycare to allowable occupancies and the availability of parking, and the location of pick up and drop off areas. Chair Koenig asked if any daycares over 13 children would need to apply for a use permit. Ms. McIntosh confirmed that is correct. Single-family homes and duplexes currently allow in-home daycares. There is now an allowance in other locations such as churches, mosques, or schools. Ms. McIntosh pointed out per Minnesota Statutes, Section 462.357, subdivision 7, and with limited exceptions, a State-licensed residential facility serving 6 or fewer persons, often referred to as group homes, are considered a permitted single-family residential use of property. In reviewing Section 35-4103, Staff noticed that the maximum occupancies of Licensed Residential Facilities did not align with either the City’s allowable density range for certain zoning districts or the City’s 2040 Comprehensive Plan. Therefore, City Staff is requesting the table be updated to remove the “Licensed Residential Facility (six and fewer persons)” use from the R4, MX-N1, MX-N2, and TOD Districts, as the allowable density ranges conflict with and do not align with the use. There is also a request for the addition of the use to the R3 District. Ms. McIntosh added the City of Brooklyn Center has historically been extremely restrictive with allowing massage and sauna establishments. Under the City’s old zoning code, “sauna PC Minutes 2-8-24 -14- DRAFT establishments and massage establishments, provided they do not abut any residential district, including abutment at a street line,” were allowed in the C2 District by issuance of a special use permit only. In the Central Commerce Overlay District, which was retired as part of the adoption of the new Unified Development Ordinance in January 2023, sauna and massage establishments were outright prohibited within this overlay district. As the majority of C2 properties were located within the Central Commerce Overlay District, this effectively prohibited the establishment of one in the City. Further, Brooklyn Center's current massage establishment licensure provisions and fees, as outlined under Chapter 23 of the City Code, make it difficult to establish a massage business in the City and when comparing the use regulations and licensing fees in other neighboring cities. Ms. McIntosh noted although the City’s new UDO does allow for “sauna and massage establishments” as an accessory use in the MX-N2, MX-C, TOD, and C Districts, this again makes it difficult for someone to establish a business in the City as use must be “incidental and subordinate to the principal use on the same lot.” Most recently, a business owner was looking to expand their business in the City with a float spa and massage establishment; however, due to the accessory use restrictions, the business owner was looking at other cities who allowed for the use and who had lower annual licensing fees. Ms. McIntosh explained as a comparison, and in addition to the allowance of massage and sauna establishments as an accessory use only, the City’s annual licensing fee for a massage establishment is $3,000, with an investigation fee of $1,500, and additional fees for masseurs/masseuses and their individual investigation fee. It is thousands of dollars more affordable in neighboring cities. Although City staff understand potential concerns regarding the operations of massage establishments, the City should potentially look at revisions to the licensure process to not only make the City competitive with other cities by reviewing the fees as compared to surrounding cities, but other methods of ensuring the City has quality massage and sauna establishments. Such changes could potentially include placing a maximum cap on the number of licenses in the City, which would be addressed through licensing. OPEN TO PUBLIC COMMENTS – AN ORDINANCE ADOPTING COMPREHENSIVE AMENDMENTS TO CHAPTER 35 There was a motion by Commissioner Leino, seconded by Commissioner Christensen, to open the public hearing on an Ordinance Adopting Comprehensive Amendments to Chapter 35. Voting on the motion: Chair Koenig and Commissioners Christensen, Schonning, Jones, and Leino voted aye. The motion passed unanimously. Michael C. stated the additions to the UDO will be beneficial. He asked if he would need to get a permit to put up a fence on his property. Ms. McIntosh stated the fence permit process was implemented last year. It was ultimately an accountability issue. PC Minutes 2-8-24 -15- DRAFT Michael C. noted a new home was built with a tuck-under garage. He asked how that is allowed with the height restrictions. Ms. McIntosh stated the proposal is from the grade to the highest point of the roof. MOTION TO CLOSE PUBLIC COMMENTS (HEARING) There was a motion by Commissioner Christensen, seconded by Commissioner Leino, to close the public hearing on an Ordinance Adopting Comprehensive Amendments to Chapter 35. Voting on the motion: Chair Koenig and Commissioners Christensen, Schonning, Jones, and Leino voted aye. The motion passed unanimously. ACTION TO RECOMMEND APPROVAL AN ORDINANCE ADOPTING COMPREHENSIVE AMENDMENTS TO CHAPTER 35 There was a motion by Commissioner Christensen seconded by Commissioner Schonning, to recommend City Council approval of comprehensive amendments to Chapter 35 of the City Code of Ordinances, including: (1) the adoption and incorporation of the Crystal Airport Zoning Ordinance, (2) permit requirements for the placement of fences, (3) amendments to the use of commercial vehicles as an accessory use, (4) amendments to minimum width and depth requirements in the R1 and R2 zoning districts, (5) amendments to the definition of structure height and height requirements in the R1, R2, and R3 zoning districts, and the MRCCA Overlay District, (6) amendments to the density range for the R3 zoning district, (7) supplemental language regarding nonconforming structures and uses, (8) amendments to public notice sign requirements for public hearings, and (9) amendments to the allowed use table with regard to licensed day cares, licensed group family day cares, licensed residential facilities, and massage and sauna establishments. Voting on the motion: Chair Koenig and Commissioners Christensen, Schonning, Jones, and Leino voted aye. The motion passed unanimously. And the following voted against the same: None The motion passed unanimously. 8. DISCUSSION ITEMS 8a. 2024 Planning Commission Schedule and Upcoming Applications Ms. McIntosh noted the meetings are still planned for the second Thursday of each month. Commissioner Leino pointed out the Charter Commission will be meeting on March 14, 2024. Everyone else said they would be available. 8b. City of Brooklyn Center Business and Development Updates PC Minutes 2-8-24 -16- DRAFT Ms. McIntosh added Harold’s Chicken has opened, and it is very busy. Krak/102 Boba will open shortly. Associate Planner Krystin Eldridge stated OGA Madam Restaurant at Shingle Creek Center opened recently. Ms. McIntosh explained there will be a forthcoming application for a new tire store. The owner of Sun Foods bought the old Walmart building. Wangstad is under construction. Also, the previous Applebee’s left their restaurant equipment, so it is likely a restaurant will take the space. Pollo Campero is still in the works. 9. ADJOURNMENT There was a motion by Commissioner Leino, seconded by Commissioner Jones, to adjourn the Planning Commission meeting. Voting on the motion: Chair Koenig and Commissioners Christensen, Schonning, Jones, and Leino voted aye. The motion passed unanimously. The meeting adjourned at 9:19 p.m. _______________________________ __________________________________ Ginny McIntosh, Secretary Alexander Koenig, Chair App. No. 2024-006 PC 05/09/2024 | Revised 06/13/2024 Page 1 Planning Commission Report Meeting Date: May 9, 2024 Revised: June 13, 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: Yes • Extended Review Period Deadline: 08/07/2024 App. No. 2024-006 PC 05/09/2024 | Revised 06/13/2024 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 | Revised 06/13/2024 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 a 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 comment received by email (to date). Although the public hearing was scheduled for the May 9, 2024 Planning Commission meeting, the Applicant requested the public hearing be continued to the June 13, 2024 Planning Commission meeting following phone and email communication received, and as the Applicant was unable to attend the May 9 hearing. A 60-day letter of extension was issued to the Applicant on May 10, 2024 outlining that the review period had been extended to August 7, 2024, and per Minnesota Statutes Section 15.99. Subd. 3(f). 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. App. No. 2024-006 PC 05/09/2024 | Revised 06/13/2024 Page 4 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 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, along with other detailing. 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. App. No. 2024-006 PC 05/09/2024 | Revised 06/13/2024 Page 5 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. 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 60-day extension letter, dated May 10, 2024. 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 May 10, 2024 C Alan Homes LLC Attn: Terry Robertson 19782 Henning Avenue Lakeville, MN 55044 RE: City of Brooklyn Center, MN Planning Commission Application No. 2024-006 Request for Re-Approval of the Preliminary and Final Plats for Robertson and Brekke Brooklyn Boulevard Addition Mr. Robertson, Pursuant to Minnesota Statutes Section 15.99, the City of Brooklyn Center is required to approve or deny a written request for certain land use actions within sixty (60) days from receipt of an application. Community Development Department records indicate the City received the above-referenced application and documentation on April 9, 2024, which means the City’s 60-day time limit would expire on June 8, 2024. By allowances granted under Minnesota Statutes Section 15.99, Subd. 3(f), the City of Brooklyn Center is hereby providing official notice that the review period has been extended an additional sixty (60) days per email and phone communication received from you on May 9, 2024 that noted your inability to attend the scheduled public hearing at the May 9, 2024 Planning Commission meeting, and your request to continue the public hearing to the June 13, 2024 Planning Commission meeting so that you could attend. The new deadline for completing the review and final action on this application is now August 7, 2024. As the public hearing had already been published in the Brooklyn Center Sun Post for the May 9, 2024 Planning Commission meeting, the Planning Commission opened the hearing to receive public comment as there was representation from the public and elected to continue the public hearing to the June 13, 2024 Planning Commission Meeting, to be held at 7 p.m. at Brooklyn Center City Hall, located at 6301 Shingle Creek Parkway, Brooklyn Center, MN 55430. If you have any questions or concerns, please feel free to call me at (763) 569-3319 or by email at: gmcintosh@brooklyncentermn.gov. Sincerely, Ginny McIntosh Planning Manager 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 | Revised 06/13/2024 Page 1 Planning Commission Report Meeting Date: May 9, 2024 Revised: June 13, 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: Yes • Extended Review Period Deadline: 08/07/2024 App. No. 2024-007 PC 05/09/2024 | Revised 06/13/2024 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 that 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 and public commentary received at the below noted May 9 Planning Commission meeting. Although the public hearing was scheduled for the May 9, 2024 Planning Commission meeting, the Applicant requested the public hearing be continued to the June 13, 2024 Planning Commission meeting following phone and email communication received, and as the Applicant was unable to attend the May 9 hearing. A 60-day letter of extension was issued to the Applicant on May 10, 2024 outlining that the review period had been extended to August 7, 2024, and per Minnesota Statutes Section 15.99. Subd. 3(f). 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. App. No. 2024-007 PC 05/09/2024 | Revised 06/13/2024 Page 3 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 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 4, 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- App. No. 2024-007 PC 05/09/2024 | Revised 06/13/2024 Page 4 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, 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. App. No. 2024-007 PC 05/09/2024 | Revised 06/13/2024 Page 5 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. Exhibit C- Public Hearing Notice, dated April 25, 2024, as published in the Brooklyn Center Sun Post, 60- day letter of extension, dated May 10, 2024, and public comments (to date). Exhibit D- Memorandum and Exhibits, prepared by Assistant City Engineer Andrew Hogg, and dated August 4, 2020 for Planning Commission Application No. 2020-005. Exhibit AA 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 May 10, 2024 C Alan Homes LLC Attn: Terry Robertson 19782 Henning Avenue Lakeville, MN 55044 RE: City of Brooklyn Center, MN Planning Commission Application No. 2024-007 Request for Re-Approval of the Preliminary and Final Plats for Robertson and Brekke Brooklyn Boulevard Second Addition Mr. Robertson, Pursuant to Minnesota Statutes Section 15.99, the City of Brooklyn Center is required to approve or deny a written request for certain land use actions within sixty (60) days from receipt of an application. Community Development Department records indicate the City received the above-referenced application and documentation on April 9, 2024, which means the City’s 60-day time limit would expire on June 8, 2024. By allowances granted under Minnesota Statutes Section 15.99, Subd. 3(f), the City of Brooklyn Center is hereby providing official notice that the review period has been extended an additional sixty (60) days per email and phone communication received from you on May 9, 2024 that noted your inability to attend the scheduled public hearing at the May 9, 2024 Planning Commission meeting, and your request to continue the public hearing to the June 13, 2024 Planning Commission meeting so that you could attend. The new deadline for completing the review and final action on this application is now August 7, 2024. As the public hearing had already been published in the Brooklyn Center Sun Post for the May 9, 2024 Planning Commission meeting, the Planning Commission opened the hearing to receive public comment as there was representation from the public and elected to continue the public hearing to the June 13, 2024 Planning Commission Meeting, to be held at 7 p.m. at Brooklyn Center City Hall, located at 6301 Shingle Creek Parkway, Brooklyn Center, MN 55430. If you have any questions or concerns, please feel free to call me at (763) 569-3319 or by email at: gmcintosh@brooklyncentermn.gov. Sincerely, Ginny McIntosh Planning Manager 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 D 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 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. 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. App. No. 2024-009 PC 06/13/2024 Page 1 Planning Commission Report Meeting Date: June 13, 2024 Application No. 2024-009 Applicant: City of Brooklyn Center Address | PID: 1297 Shingle Creek Crossing | PID: 03-118-21-44-0026 Request: Rezoning Map 1. Subject Property Location. BACKGROUND AND REQUESTED ACTION The Sears Department Store and Auto Center, located at 1297 Shingle Creek Crossing (“the Subject Property”) closed in 2018, and is the last remaining piece of the former Brookdale Mall. The Property Owner, Transformco, conducted a market analysis in 2020, and in partnership with local brokers, to determine a feasible re-use for the Subject Property. A request for proposals (RFP) was circulated thereafter and Scannell Properties, Inc. was ultimately selected, along with their proposal for a speculative light industrial redevelopment at the Subject Property. The City of Brooklyn Center City Council held a number of concept reviews with Scannell Properties, Inc. of which emphasized that any reuse provide for a greater mix of uses, a site layout and design that • Application Filed: 05/14/2024 • Review Period (60-day) Deadline: 07/13/2024 • Extension Declared: No • Extended Review Period Deadline: App. No. 2024-009 PC 06/13/2024 Page 2 would add value to the adjacent Shingle Creek Crossing shopping center, and an overall high finish level on the buildings, with four-sided architecture and a focus on enhancing the Highway 100 frontage. In August 2021, City Council authorized an application to the Metropolitan Council’s Tax Base Revitalization Account (TBRA) for funding to assist with environmental remediation on the Subject Property and for asbestos and petroleum remediation. Although the City did not receive funding in the first round, funding was awarded in January 2023 in the amount of $863,400. Additional funding was also awarded in the amount $163,000 from the Hennepin County Environmental Response Fund (ERF) for assistance in preparing a Phase I Environmental Site Assessment (ESA), a Phase II ESA, Response Action Plan (RAP), and associated consulting and fees with the Minnesota Pollution Control Agency (MPCA). In August 2022, City Council approved Planning Commission Application No. 2022-004 (City Council Resolution No. 2022-76), which granted approval to re-zone the Subject Property from what was then PUD/C2 (Planned Unit Development/Commerce) District to PUD/MX-B (Planned Unit Development/Business-Mixed Use) District. This re-zoning, in addition to approvals to re-plat and a recommendation to re-guide the Subject Property under the 2040 Comprehensive Plan, were to provide a path for a speculative light industrial development totaling approximately 230,000-square feet between two buildings. Although the City of Brooklyn Center had already adopted the 2040 Comprehensive Plan in 2019, which effectively re-guided the Subject Property to a new future land use designation of “Transit-Oriented Development” or “TOD,” the City’s zoning code, which was in the midst of a major update, had not yet been adopted. It should be noted that, in 2022, PUDs were still considered re-zonings (ordinance amendments). The new Unified Development Ordinance, adopted in January 2023, now considers PUDs to be conditional use permits. City staff continued to work with Scannell Properties, Inc. following their approval in August 2022; however, communication became more sporadic thereafter. By December 2022, Scannell Properties, Inc. indicated the market had shifted away from speculative light industrial type development projects to user-focused ones. They further indicated a financial infeasibility to forward the project unless a request for consideration of tax increment financing (TIF) were considered by the City. A work session was held with City Council on the requested TIF in July 2023 and a request to ratify the previously approved plat was approved, but contact with Scannell Properties, Inc. again faltered. Due to the lack of communication and identified potential changes, including contemplated lot line adjustments and alterations to the approved site and building plan to the project following its approval in August 2022, the recommended Comprehensive Plan Amendment was never forwarded to Metropolitan Council. Scannell Properties, Inc. never executed on the Planned Unit Development Agreement approved by Council in August 2022, and the request for TIF was never forwarded. In March 2024, City staff was contacted by another developer who was interested in taking over the project from Scannell Properties, Inc. and indicated that the Subject Property would be re-listed for sale. City staff was further contacted by other due diligence companies and attorneys seeking information on the project approved in August 2022 and what was needed to take over the project. Given this new information, City staff reviewed the Planned Unit Development provisions with the City Attorney and under the City’s preceding zoning code (Section 35-355), which identified the following: App. No. 2024-009 PC 06/13/2024 Page 3 “If within 12 months following approval by the City Council of the development plan, no building permits have been obtained or, if within 12 months after the issuance of building permits no construction has commenced on the area approved for the PUD District, the City Council may initiate rezoning of the property.” City staff held a work session with City Council on May 13, 2024—refer to Exhibit A. Although the discussion was non-binding, there appeared to be a general consensus of the three Councilmembers present that consideration for a re-zoning of the Subject Property from Planned Unit Development/Business Mixed-Use (PUD/MX-B) District to Transit-Oriented Development (TOD) District be forwarded to the Planning Commission. City Staff and the City Attorney held a meeting on June 6, 2024 with representation of the Property Owner (Transformco) and their attorneys and relayed plans to consider a potential rezoning of the Subject Property. A general hesitancy to re-zone the Subject Property was relayed to the City given certain approvals had been granted in August 2022. City staff indicated at that time the option to relay their concerns at the public hearing scheduled for the June 13, 2024 Planning Commission meeting. As of June 12, 2024, the City is in receipt of a letter of opposition from attorney Patrick Lindmark (Taft Stettinius & Hollister LLP) who represents Property Owner Transformco—refer to Exhibit D. Due to the nature of the request, a public hearing notice was published in the Brooklyn Center Sun Post on May 30, 2024—refer to Exhibit B. Mail notifications were sent to those property owners and residents located within 350 feet of the Subject Property, and a public hearing notice was also uploaded to the City’s website. REZONING 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. As noted previously, City staff held a work session with City Council on May 13, 2024 to address the property and gain insight as to whether City Council desired to have the Subject Property re-zoned from PUD/MX-B (Planned Unit Development/Business Mixed-Use) District to TOD (Transit-Oriented Development) District. In reviewing requests for a rezoning, 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 for the proposed rezoning, and make a recommendation and decision on the rezoning 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; 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 App. No. 2024-009 PC 06/13/2024 Page 4 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. The Subject Property was originally zoned B-2 (Regional Business District) in 1961, but by 1972 the Subject Property had been rezoned to C2 (Commerce) District. Prior to approval of Planning Commission Application No. 2022-004 in August 2022, the Subject Property, which was once part of the former Brookdale Mall, had been zoned Planned Unit Development/Commerce (PUD/C2) District since the late 1990s. The PUD was originally approved in 1999 and comprehended, “new site and building plan approvals for the expansion, redevelopment, and rejuvenation of the Brookdale Regional Shopping Center,” and certain variations to allow for reduced green strips, non-major thoroughfare setbacks, parking dimensional standards, parking ratios, and increases in allowable restaurant use and freestanding signage.” Although a new Planned Unit Development was approved in 2011, when the majority of the former Brookdale Mall lands were split off and redeveloped to Shingle Creek Crossing shopping center, the Subject Property retained the PUD/C2 District designation to allow for the continued operations of the then Sears Department Store and Auto Center following demolition of the mall, redevelopment of the surrounding lands, and certain nonconformities. It should be noted that the C2 (Commerce) District was retired with the adoption of the new Unified Development Ordinance in January 2023. Had no PUD been in place for the Subject Property, the property would have been re-zoned to Transit-Oriented Development (TOD) District. Similarly, and as noted previously, Planned Unit Developments were considered re-zonings (ordinance amendments) under the preceding zoning code, and in the case of the 2022 approval granted for the Subject Property. With adoption of the new Unified Development Ordinance in January 2023, Planned Unit Developments are now considered “conditional use permits.” Had the development contemplated under Planning Commission Application No. 2022-004 requested and been approved for a Planned Unit Development under the current code provisions outlined in Section 35-8305 (PUD Approval), the Applicant would have had 12 months following City Council approval to obtain building permits and commence construction; otherwise, City Council is similarly granted provisions to initiate revocation of a conditional use permit. 2040 Comprehensive Plan Although the Subject Property is considered a priority site within the City, it is privately owned. During the undertaking of the 2040 Comprehensive Plan, the Subject Property was still in operation as a Sears Department Store and Auto Center. The former Sears Department and Auto Center businesses closed App. No. 2024-009 PC 06/13/2024 Page 5 well into the updating of the City’s Comprehensive Plan and given the properties had (1) continuously operated since 1962, (2) ownership had not provided clear direction as to their potential reuse, and (3) a market study had not yet been completed, the City guided the Subject Property to TOD given its proximity to the Bus Rapid Transit (BRT) line and stops, and its ability to offer a broad mix of land use options, with a minimum of 75% slated for high density residential use, and supporting retail, office, and commercial usage. Additionally, the surrounding properties are, for the most part, guided as Transit- Oriented Development. The Subject Property is identified within the 2040 Comprehensive Plan as a “potential area of change.” With the adoption of the 2040 Comprehensive Plan in 2019, the City future guided the Subject Property to a new designation of “Transit-Oriented Development” or “TOD,” which allows for a density range of 31.01 to 130 dwelling units per acre. The TOD designation was a direct response to the opening of the Metro Transit C (opened in 2019) and D (opened in 2022) 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. Given the C line only opened the year the City of Brooklyn Center adopted its 2040 Comprehensive Plan and one year following Sears’ closure, and the D line did not open until December 2022 (post approval of Planning Commission Application No. 2022- 004), this was very much a time of transition in the City, and for this area. Table 1. Total New Households within the Transit Oriented Development future land use designation. 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 the TOD future land use designation was planned for development into high-density residential uses, with App. No. 2024-009 PC 06/13/2024 Page 6 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. Map 2. Subject Property 2040 Future Land Use Designation (2019) in Relation to Surrounding Properties. 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. Metro Transit’s C and D Bus Rapid Transit (BRT) Lines recently opened lines that begin at the Brooklyn Center Transit Center located at 2900 County Road 10, run down Xerxes Avenue North (adjacent to the Subject Property), before turning at 55th Avenue North and Brooklyn Boulevard. These lines terminate in downtown Minneapolis (C Line) and at the Mall of America (D Line). 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.” Unified Development Ordinance As part of the approvals in August 2022 under Planning Commission Application No. 2022-004, the approved Planned Unit Development outlined additional restrictions to the use of the Subject Property and to the underlying Business Mixed-Use District (MX-B) District designation. Specifically, City Council Resolution No. 2022-076 (Exhibit C) stipulated that the Applicant, Scannell Properties, Inc. would enter into a PUD Agreement with the City of Brooklyn Center, and that said agreement would assure the following as part of the approximately 230,000-square foot speculative light industrial proposal: 1. No outdoor storage or display of materials, equipment, or products accessory and necessary to a principal and permitted use is permitted; App. No. 2024-009 PC 06/13/2024 Page 7 2. Warehousing and wholesaling shall not exceed 80-percent of the total floor area. The remaining 20-percent of the total floor area shall be non-warehouse uses, such as a combination of uses including, but not limited to: office, manufacturing, production, research and development, and lab and/or showroom; and 3. Distribution facilities are not a permitted use. For the purposes of this Planned Unit Development (PUD), a distribution facility is defined as a business that received packages, sorts, and delivers them without product storage. Distribution as an accessory use is permitted only when it occurs from a manufacturing facility or a warehouse where a product is made or packaged on-site. These restrictions were intended to address concerns regarding the volume of semi-truck traffic anticipated to navigate the entrance and exit points to the Subject Property, and potential conflict points between truck traffic and pedestrians who frequent the adjacent Shingle Creek Crossing shopping center. Further, the entrance to the Subject Property was identified as 55th Avenue North, which is a four way stop that also serves the Metro Transit Bus Rapid Transit (BRT) line, and receives traffic entering the slip ramps on and off Trunk Highway (TH) 100. While proximity to transit was identified as a potential perk in providing jobs access for employees, these concerns were nonetheless raised by City staff. Given the visibility from Trunk Highway 100, there were also concerns raised, and back and forth communication and revisions made, to address the potential visual impacts from the highway of the proposed truck court and screening to mitigate the intensity of use, and requested enhancements to the overall architecture of the two buildings. Section 35-2402 (Business Mixed Use) of the City’s Unified Development Ordinance notes that the, “purpose of the MX-B district is to accommodate land for a mix of business and light industrial uses, with allowances for supporting retail/service uses. This designation encourages redevelopment or development of commercial, office, general business, and light industrial uses in coordination with supportive retail/commercial uses towards encouraging a more dynamic and connected experience for workers. This land use does not plan for residential uses may include limited live-work opportunities as established through supporting official controls.” The Business Mixed-Use District, for the most part, replaced the City’s longstanding I1 (Business Park) District in January 2023, but offered greater flexibilities in potential use to allow for a more dynamic working environment, instead of the oftentimes isolation found in many business parks across the metro. Although there are some similarities in uses permitted (either by-right or as a conditional use) for both the Business Mixed-Use and Transit-Oriented Development districts (e.g. certain educational facilities, medical and health uses, eating establishments, hospitality lodging, and indoor recreational centers), a key distinction is that the Business Mixed-Use District, with the exception of limited live-work space, does not permit any kind of residential use. Despite being the City’s most dense district, the TOD District does allow for townhouses, as well as multi-family residential at a density range of 31-130 dwelling units per acre. The TOD District also allows for indoor amusement centers, and banquet, event, and conference facilities. Conversely, the Business Mixed-Use District allows for manufacturing, assembly, and the processing of products, and wholesale trade, where the TOD District does not. The City’s Transit Oriented Development zoning district was created as a district response to the City’s App. No. 2024-009 PC 06/13/2024 Page 8 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. To that note, the TOD District, unlike the MX-B District, places restrictions on the maximum percentage (%) of impervious surfacing, the size of a block, emphasis on public spaces, placement of buildings towards the street, and the types of allowable parking (i.e. no open surface parking lots, provisions for structured or covered parking to facilitate walkability). Section 35-2304 of the City’s Unified Development Ordinance notes that the, “purpose of the TOD 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 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 provide citizens with new housing and lifestyle choices with a high level of amenities and spaces for social interaction.” While adjacent Shingle Creek Crossing shopping center was designed with automobiles in mind, it too is future guided as “Transit-Oriented Development” under the 2040 Comprehensive Plan. City staff has been looking at way to increase density and activity within the overall area as the shopping center has yet to fully build out, and given recent activity within the shopping center with the reopening of the former Walmart to Empire Foods, build outs of tenant spaces with more local food options (e.g. Harold’s Chicken, 102 Boba, Micholandia, and soon to be re-opening of the former Applebee’s with Dos Hermanos Mexican Grill and Bar), as well as the recently approved conversion of the former Discount Tire to an Icon Beauty retail beauty supply store. With the closure of Walmart in April 2023, City staff has looked at the possibilities of converting the seas of parking into future developable areas that might fuel more foot traffic at those business establishments located within the shopping center. This exercise has been seen all across the country as both indoor and outdoor shopping centers grapple with changes in consumer spending habits, the effects of the pandemic, etc. The TOD district is intended 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. Although job creation and economic growth within close proximity to transit is highly desired, so too are the options to provide citizens with new housing and lifestyle choices with a high level of amenities and spaces for social interaction. There are currently 23 properties zoned Transit-Oriented Development District—refer to Map 3 below. App. No. 2024-009 PC 06/13/2024 Page 9 Map 3. Subject Property in Relation to Existing TOD Zoning District Properties. RECOMMENDATION Based on the above noted findings, and in consideration of Section 35-71304 (Amendment Criteria) of the City Code of Ordinances, City staff recommends the Planning Commission recommend City Council approval of Planning Commission Application No. 2024-009, which would rezone the Subject Property commonly addressed as 1297 Shingle Creek Crossing from Planned Unit Development/Business Mixed- Use (PUD/MX-B) District to Transit-Oriented Development (TOD) District. Attachments Exhibit A- City Council Work Session Memo dated May 13, 2024. Exhibit B- Public Hearing Notice, published in the Brooklyn Center Sun Post, and dated May 30, 2024. Exhibit C- City Council Resolution No. 2022-076. Exhibit D- Letter of Opposition, drafted by Patrick J. Lindmark, Taft Stettinius & Hollister LLP. Council/EDA Work Session DATE:5/13/2024 TO:City Council FROM:Dr. Reggie Edwards, City Manager THROUGH:Jesse Anderson, Community Development Director BY:Ginny McIntosh, Planning Manager SUBJECT:Project Update and Consideraon for Potenal Rezoning of 1297 Shingle Creek Crossing (Former Sears) Requested Council Acon: -Consider whether the property located at 1297 Shingle Creek Crossing and commonly known as the former Sears site should be re-zoned from Planned Unit Development/Business Mixed-Use (PUD/MX-B) to Transit-Oriented Development (TOD) District Background: Although the Sears Department Store and Sears Auto Center closed their doors in 2018, it was not unl late 2020 that the Property Owner iniated a formal process to solicit offers from private pares to acquire or enter into a joint venture agreement on the approximately 15-acre Subject Property. It was during this me that a market analysis was conducted by the Property Owner in partnership with local brokers to determine a feasible re-use for the Subject Property, and a Request for Proposals (RFP) was circulated in late 2020. Ulmately, Scannell Properes, Inc. and their proposal of a speculave light industrial redevelopment on the Subject Property was selected and they entered into an opon agreement with the Property Owner to forward the project. City Council held a number of concept reviews in 2021 with Scannell Properes, Inc. and as part of those discussions requested a greater mix of uses, a site layout and design that would add value to the adjacent Shingle Creek Crossing shopping center, and an overall high finish level on the buildings, with four-sided architecture and focus on enhancing the Highway 100 frontage. In April 2021, City Council authorized an applicaon to the Metropolitan Council’s Tax Base Revitalizaon Account (TBRA) for funding to assist with the environmental remediaon of the Subject Property (e.g. asbestos, petroleum), and despite not receiving funding the first round, TBRA funding was eventually awarded to the City of Brooklyn Center in the amount of $863,400 in January 2023. An applicaon to the Hennepin County Environmental Response Fund (ERF) was also awarded in the amount of $163,000 for assistance in preparing a Phase I Environmental Site Assessment (ESA), a Phase II ESA, a Response Acon Plan (RAP), and associated consulng and Minnesota Polluon Control Agency fees. In August 2022, City Council approved Planning Commission Applicaon No. 2022-004 (City Council Resoluon No. 2022-76), which was an applicaon request submied by developer Scannell Properes, Inc. on behalf of Property Owner Transformco for a re-plat, re-zoning, and establishment of a Planned Unit Development, and recommended approval of a Comprehensive Plan Amendment for a speculave, approximately 230,000-square foot light industrial/business park complex at 1297 Shingle Creek Crossing. Later that month, City Council approved an ordinance amendment to formally re-zone the Subject Property, as PUDs required a formal rezoning under the City’s preceding zoning code. The new Unified Development Ordinance and zoning provisions, effecve as of January 2023, now consider PUDs as Condional Use Permits (CUPs). A resoluon approving a Planned Unit Development Agreement was also approved by City Council. In those following months, City staff worked between Scannell Properes, Inc. and neighboring property owner Gatlin Development Company to sort through certain easement parking that was required on the Shingle Creek Crossing property to make the minimum parking for the Subject Property and light industrial development work. In December 2022, City staff was contacted by Applicant Scannell Properes, Inc. with a request for consideraon of tax increment financing (TIF) as the Applicant relayed that construcon costs and interest rate increases had made the project financially infeasible. This was despite over $1 million in grant funding being commied to forwarding the Subject Property’s redevelopment. Following another lull in communicaon with Scannell Properes, Inc. a City Council work session was held in July 2023 on the request for TIF and the Applicant’s inial request for up to $4 million in a pay-as-you-go (PAYGO) TIF which assumed a 26-year Redevelopment TIF District. It was in those discussions that City municipal financial consultant, Ehlers, indicated that the project was likely to only generate $3 million in present value assuming a 26-year District and that following a review of the Applicant’s proforma, the project would likely be feasible at $2 to $2.3 million in tota assistance and a 12 to 15-year District. It was later determined aer the Council meeng and aer new assumpons were provided that any Distric would likely be less than 10 years. During the same Council meeng, City staff formally requested and received approval to rafy the plat approved by City Council in August 2022 This request was made as Secon 35-8107 (Final Plat) spulates that, “if the final plat is approved by the City Council, the subdivider shall record i with the Hennepin County Recorder or Registrar of Titles within 1 year aer the date of approval; otherwise, the approval of the combined preliminary and final plat shall be considered void.” Coversheet https://brooklyncenter.novusagenda.com/agendapublic/CoverSheet.aspx?ItemID=5092&MeetingID=774 1/3 Exhibit A Since July 2023, City staff has had minimal contact with Scannell Properes, Inc. and they never moved forward with the TIF request. Despite a Planned Unit Development Agreement being approved by City Council, the Applicant never executed the agreement. Given the lack o communicaon and discussions on potenally requesng a major amendment to the approved site and building plan for the Subject Property and lot line adjustments with the neighboring Property Owner, City staff did not formally proceed with the request to re-guide the Subject Property under the 2040 Comprehensive Plan, so the Subject Property, as of today, is sll future guided as “Transit Oriented Development.” Updates In March 2024, City staff was contacted by another developer who indicated interest in taking over the project and informed staff that Scannel Properes, Inc. no longer held the opon agreement with Property Owner Transformco on the Subject Property. City received no communicaon from Scannell Properes; however, the Property Owner and their broker, Jones Lang Lasalle (JLL) confirmed the situaon and that they were looking to re-list the property and were hoping for a quick sale. City staff has since received interest from not only industrial developers looking to take over the project, but also other interested pares looking to do other types of projects (e.g. entertainment, grocery, mul-family residenal). Request for Council Direcon When the project was approved in August 2022, it was in advance of the City’s adopon of the new Unified Development Ordinance, which became effecve in 2023. As such, the Subject Property was re-zoned to Planned Unit Development/Business Mixed-Use (PUD/MX-B) to reflect the new zoning district. The Subject Property had been previously been zoned Planned Unit Development/Commerce (PUD/C2) District as the former Sear site is the last piece of Brookdale Mall and as the site had a number of nonconformies given the redevelopment of the surrounding property to what is now Shingle Creek Crossing retail center. As the Scannell project received approval under the preceding code, City staff reviewed its provisions for Planned Unit Developments with the City Aorney and under the preceding zoning code and determined the following under Secon 35-355 (Planned Unit Development): “If within 12 months following approval by the City Council of the development plan, no building permits have been obtained or, if within 12 months aer the issuance of building permits no construcon has commenced on the area approved for the PUD district, the City Council may iniate rezoning of the property.” If the Subject Property were to follow the future land use designaon idenfied in the City of Brooklyn Center’s 2040 Comprehensive Plan and no the PUD it currently exists under, the Subject Property would have been re-zoned to Transit-Oriented Development (TOD) District. This parcular district is a new zoning district as of January 2023 and is intended to, “support opportunies for dense, transit-supporve and transit oriented development.” This 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 creaon and economic growth in near-proximity to transit, and provides cizens with new housing and lifestyle choices with a high level of amenies and spaces for social interacon.” Policy Issues: City Council may iniate the rezoning of a property in instances where no building permits have been obtained or construcon started within 12 months post Council approval. Does City Council sll see the Subject Property located at 1297 Shingle Creek Crossing as a viable light industrial property with a zoning designaon of Business Mixed-Use (MX-B)? As approved by City Council, the development would have contained certain addional restricons under the approved Planned Unit Development, including: No outdoor storage or display of materials, equipment, or products accessory and necessary to a principal and permied use is permied; Warehousing and wholesaling shall not exceed 80-percent of the total floor area. The remaining 20-percent of the total floor area shall be non-warehouse uses, such as a combinaon of uses including, but not limited to: office, manufacturing, producon, research and development, and lab and/or showroom; and Distribuon facilies are not a permied use. For the purposes of this Planned Unit Development (PUD), a distribuon facility is defined as a business that received packages, sorts, and delivers them without product storage. Distribuon as an accessory use is permied only when it occurs from a manufacturing facility or warehouse where a produce is made or packaged on-site. If not, does City Council wish to iniate a rezoning of 1297 Shingle Creek Crossing? The Applicant received City Council approval nearly two years ago on August 8, 2022. If a re-zoning is desired by City Council City staff recommends the Subject Property be re-zoned to align with the City’s 2040 Comprehensive Plan future land use designaon. Does the Council have any concerns with a re-zoning to Transit-Oriented Development (TOD) District? Budget Issues: None to consider at this me. Anracist/Equity Policy Effect: Strategic Priories and Values: 6/12/24, 9:07 PM Coversheet https://brooklyncenter.novusagenda.com/agendapublic/CoverSheet.aspx?ItemID=5092&MeetingID=774 2/3 Strengthen and diversify business development and housing ATTACHMENTS: Descripon Upload Date Type City Council Resoluon_2022-076 5/6/2024 Backup Material Secon 35-355_Planned Unit Development 5/6/2024 Backup Material Coversheet https://brooklyncenter.novusagenda.com/agendapublic/CoverSheet.aspx?ItemID=5092&MeetingID=774 3/3 City of Brooklyn Center 35-48 City Ordinances 3) Signs as permitted in the Brooklyn Center Sign Ordinance. Section 35-341. O-2 PUBLIC AND PRIVATE OPEN SPACE DISTRICT. 1. Permitted Uses a. Public parks, playgrounds, athletic fields and other recreational uses of a noncommercial nature. b. Commercial recreational facilities of a semi-open nature such as golf courses and golf driving ranges. c. Accessory uses incidental to the foregoing principal uses when located on the same property with the use to which it is accessory but not including any business or industrial uses. Such accessory uses to include but not be restricted to the following: 1) Off-street parking. 2) Public recreational buildings and parks, playgrounds and athletic fields. 3) Signs as permitted in the Brooklyn Center Sign Ordinance. Section 35-355. PLANNED UNIT DEVELOPMENT. Subdivision 1. Purpose. The purpose of the Planned Unit Development (PUD) district is to promote flexibility in land development and redevelopment, preserve aesthetically significant and environmentally sensitive site features, conserve energy and ensure a high quality of design. Subdivision 2. Classification of PUD Districts; Permitted Uses; Applicable Regulations. a. Upon rezoning for a PUD, the district shall be designated by the letters PUD" followed by the alphanumeric designation of the underlying zoning district which may be either the prior zoning classification or a new classification. In cases of mixed use PUDs, the City Council shall, whenever reasonably practicable, specify underlying zoning classifications for the various parts of the PUD. When it is not reasonably practicable to so specify underlying zoning classifications, the Council may rezone the district, or any part thereof, to PUD-MIXED." City of Brooklyn Center 35-49 City Ordinances b. Regulations governing uses and structures in PUDs shall be the same as those governing the underlying zoning district subject to the following: 1. Regulations may be modified expressly by conditions imposed by the Council at the time of rezoning to PUD. 2. Regulations are modified by implication only to the extent necessary to comply with the development plan of the PUD. 3. In the case of districts rezoned to PUD-MIXED, the Council shall specify regulations applicable to uses and structures in various parts of the district. c. For purposes of determining applicable regulations for uses or structures on land adjacent to or in the vicinity of the PUD district which depend on the zoning of the PUD district, the underlying zoning classification of PUD districts shall be deemed to be the zoning classification of the district. In the case of a district zoned PUD-MIXED, the underlying zoning classification shall be deemed to be the classification which allows as a permitted use any use which is permitted in the PUD district and which results in the most restrictive regulation of adjacent or nearby properties. Subdivision 3. Development Standards. a. A PUD shall have a minimum area of one acre, excluding land included within the floodway or flood fringe overlay districts and excluding existing rights-of-way, unless the City finds that at least one of the following conditions exists: 1. There are unusual physical features of the property or of the surrounding neighborhood such that development as a PUD will conserve a physical or terrain feature of importance to the neighborhood or community; 2. The property is directly adjacent to or across a public right-of-way from property which previously was developed as a PUD and the new PUD will be perceived as and function as an extension of that previously approved development; or 3. The property is located in a transitional area between different land uses and the development will be used as a buffer between the uses. b. Within a PUD, overall density for residential developments shall be consistent with Section 35-400 of this ordinance. Individual buildings or lots within a PUD may exceed these standards, provided that density for the entire City of Brooklyn Center 35-50 City Ordinances PUD does not exceed the permitted standards. b. Setbacks, buffers and greenstrips within a PUD shall be consistent with Section 35-400 to 35-414 and Section 35-700 of this ordinance unless the developer can demonstrate to the City's satisfaction that a lesser standard should be permitted with the addition of a screening treatment or other mitigative measures. d. Parking provided for uses within a PUD shall be consistent with the parking requirements contained in Section 35-704 of this ordinance unless the developer can demonstrate to the City's satisfaction that a lesser standard should be permitted on the grounds of the complementarity of peak parking demands by the uses within the PUD. The City may require execution of a restrictive covenant limiting future use of the property to those uses which will continue this parking complementarity, or which are otherwise approved by the City. Subdivision 4. General Standards. a. The City may allow more than one principal building to be constructed on each platted lot within a PUD. b. A PUD which involves only one land use or a single housing type may be permitted provided that it is otherwise consistent with the purposes and objectives of this section. c. A PUD may only contain uses consistent with the City's Comprehensive Plan. d. All property to be included within a PUD shall be under unified ownership or control or subject to such legal restrictions or covenants as may be necessary to ensure compliance with the approved development plan and site plan. e. The uniqueness of each PUD requires that specifications and standards for streets, utilities, public facilities and the approval of land subdivision may be subject to modifications from the City ordinances generally governing them. The City Council may, therefore, approve streets, utilities, public facilities and land subdivisions which are not in compliance with usual specifications or ordinance requirements where it is found that such are not required in the interests of the residents or of the City, except that these subdivisions and plans must be in conformance with all watershed, state, and federal storm water, erosion control, and wetlands requirements. Subdivision 5. Application and Review. a. Implementation of a PUD shall be controlled by the development plan. The development plan may be approved or disapproved by the City Council after City of Brooklyn Center 35-51 City Ordinances evaluation by the Planning Commission. Submission of the development plan shall be made to the Director of Planning and Inspection on such forms and accompanied by such information and documentation as the City may deem necessary or convenient, but shall include at a minimum the following: 1. Street and utility locations and sizes; 2. A drainage plan, including location and size of pipes and water storage areas; 3. A grading plan, including temporary and permanent erosion control provisions; 4. A landscape plan; 5. A lighting plan; 6. A plan for timing and phasing of the development; 7. Covenants or other restrictions proposed for the regulation of the development; 8. A site plan showing the location of all structures and parking areas; 9. Building renderings or elevation drawings of all sides of all buildings to be constructed in at least the first phase of development; and 10. Proposed underlying zoning classification or classifications. Such information may be in a preliminary form, but shall be sufficiently complete and accurate to allow an evaluation of the development by the City. b. The Planning Commission shall hold a public hearing on the development plan. Notice of such public hearing shall be published in the official newspaper and actual notice shall be mailed to the applicant and adjacent property owners as required by Section 35-210 of this ordinance. The Planning Commission shall review the development plan and make such recommendations as it deems appropriate regarding the plan within the time limits established by Section 35-210 of this ordinance. c. Following receipt of the recommendations of the Planning Commission, the City Council shall hold such hearing as it deems appropriate regarding the matter. The City Council shall act upon the development plan within the time limits established by Section 35-210 of this ordinance. City of Brooklyn Center 35-52 City Ordinances Approval of the development plan shall constitute rezoning of the property to PUD and conceptual approval of the elements of the plan. In addition to the guidelines provided in Section 35-208 of this ordinance, the City Council shall base its actions on the rezoning upon the following criteria: 1. Compatibility of the plan with the standards, purposes and intent of this section; 2. Consistency of the plan with the goals and policies of the Comprehensive Plan; 3. The impact of the plan on the neighborhood in which it is to be located; and 4. The adequacy of internal site organization, uses, densities, circulation, parking facilities, public facilities, recreational areas, open spaces, and buffering and landscaping. The City Council may attach such conditions to its approval as it may determine to be necessary to better accomplish the purposes of the PUD district. d. Prior to construction on any site zoned PUD, the developer shall seek plan approval pursuant to Section 35-230 of this ordinance. In addition to the information specifically required by Section 35-230, the developer shall submit such information as may be deemed necessary or convenient by the City to review the consistency of the proposed development with the approved development plan. The plan submitted for approval pursuant to Section 35-230 shall be in substantial compliance with the approved development plan. Substantial compliance shall mean that buildings, parking areas and roads are in essentially the same location as previously approved; the number of dwelling units, if any, has not increased or decreased by more than 5 percent; the floor area of nonresidential areas has not been increased or decreased by more than 5 percent; no building has been increased in the number of floors; open space has not been decreased or altered from its original design or use, and lot coverage of any individual building has not been increased or decreased by more than 10 percent. e. Prior to construction on any site zoned PUD, the developer shall execute a development agreement in a form satisfactory to the City. f. Applicants may combine development plan approval with the plan approval required by Section 35-230 by submitting all information required for both City of Brooklyn Center 35-53 City Ordinances simultaneously. g. After approval of the development plan and the plan approval required by Section 35-230, nothing shall be constructed on the site and no building permits shall be issued except in conformity with the approved plans. h. If within 12 months following approval by the City Council of the development plan, no building permits have been obtained or, if within 12 months after the issuance of building permits no construction has commenced on the area approved for the PUD district, the City Council may initiate rezoning of the property. i. Any major amendment to the development plan may be approved by the City Council following the same notice and hearing procedures specified in this section. An amendment shall be considered major if it involves any change greater than that permitted by Subdivision 5d of this section. Changes which are determined by the City Council to be minor may be made if approved by the Planning Commission after such notice and hearing as may be deemed appropriate by the Planning Commission. Exhibit B Member Elliott introduced the following resolution and moved its adoption: RESOLUTION NO.2022-76 RESOLUTION REGARDING THE RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2022-004 FOR A RE-PLAT, REZONING, AND ESTABLISHMENT OF A PLANNED UNIT DEVELOPMENT AND AMENDMENTS TO THE ZONING CODE AND 2040 COMPREHENSIVE PLAN TO ALLOW FOR REDEVELOPMENT OF THE FORMER SEARS SITE AND CONSTRUCTION OF TWO BUSINESS PARK BUILDINGS OF APPROXIMATELY 230,000-SQUARE FEET COMBINED AND RELATED SITE IMPROVEMENTS (1297 SHINGLE CREEK CROSSING) WHEREAS, Planning Commission Application No. 2022-004, submitted by Scannell Properties, Inc. and on behalf of Transformco ("the Applicant") requests review and consideration for the re-plat, re-zoning, and establishment of a Planned Unit Development and an amendment to the City's Zoning Code that would allow for redevelopment of the former Sears site located at 1297 Shingle Creek Crossing ("the Subject Property") and subsequent construction of two business park buildings of approximately 110,000 and 120,000-square feet, respectively 230,000-square feet combined), and related site improvements; and WHEREAS, the Subject Property is situated in the Central Commerce Overlay District and pursuant to a determination by City staff,the proposed use is not clearly defined as a use within the District; and WHEREAS, on June 23, 2022, the Planning Commission of the City of Brooklyn Center, Minnesota received and reviewed a planning report on the requested re-plat, site and building plan, re-zoning, and establishment of a Planned Unit Development, which would re-zone the Subject Property from PUD/C2 (Planned Unit Development/Commerce) District to a new Planned Unit Development with an underlying Business Mixed-Use District designation(PUD/MX- B), and an amendment to the Zoning Code to remove the Subject Property from the Central Commerce Overlay District for the proposed new construction and related site improvements on the approximately 15-acre Subject Property; and WHEREAS, said Planning Commission Application No. 2022-004 also addresses a request to re-designate the Subject Property under the City's 2040 Comprehensive Plan future land use designation from "Transit-Oriented Development (TOD)," which the Subject Property is currently designated as,to"Business-Mixed Use(B-MU),"which guides for a mix of business,light industrial,and supporting retail/service uses, and is intended to create a more dynamic and connected experience for potential workers in these areas; and WHEREAS,this request is made in light of the fact that the Subject Property was still in operation as a department store and auto center when the 2040 Comprehensive Plan process was initiated, had been in continuous operation since around 1962, and upon closure of the aforementioned businesses, the City of Brooklyn Center was nearing completion of its Exhibit C RESOLUTION NO. 2022-76 Comprehensive Plan update with no clear direction on a potential re-use of the Subject Property,nor guidance in the form of a market study; and WHEREAS, given these uncertainties, the City of Brooklyn Center designated the Subject Property to its current TOD future land use designation provided its proximity to Bus Rapid Transit, and its ability to offer a broader mix of land use options; and WHEREAS, the Applicant conducted a market analysis for a feasible re-use of the Subject Property,held concept reviews with the City Council in May and November 2021,as well as a virtual community meeting to gauge interest in the potential re-development of the Subject Property to accommodate an office/warehouse(business park)use; and WHEREAS, the Planning Commission of the City of Brooklyn Center, Minnesota held a duly noticed and called public hearing on June 23, 2022, whereby a planning report was presented and public testimony regarding the proposal were received, and notice of such public hearing was published in the official newspaper and mailed to the Applicant and adjacent property owners as required by the City and Minnesota State Statutes,and development proposal signage was installed on the Subject Property by the City; and WHEREAS, the Planning Commission of the City of Brooklyn Center, Minnesota considered the application requests in light of all testimony received, and the guidelines and standards as outlined under Sections 15 (Platting), 35-202 (Comprehensive Planning) 35-208 Rezoning Evaluation Policy and Review Guidelines), 35-210 (Rezoning Application Procedures and Reconsideration), 35-230 (Plan Approval), and 35-355 (Planned Unit Development) of the City's Zoning Ordinance, and draft provisions of the Business-Mixed Use (MX-B) District, as contemplated in the City's draft Zoning Code update and forthcoming Unified Development Ordinance, and the request complies with the general goals and objectives of the City's 2040 Comprehensive Plan,with exception to the requested amendment to the Comprehensive Plan to re- designate the Subject Property to move the project forward, and of which requires final determination by the Metropolitan Council. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota to recommend that Planning Commission Application No. 2022-004, submitted by Scannell Properties, LLC, and on behalf of Transformco,be approved based upon the findings of fact in the June 23, 2022, planning report, and submitted documents and plans as amended by the following conditions of approval: 1. The building plans are subject to review and approval by the Building Official as noted in the memorandum dated June 21, 2022, and with respect to applicable codes prior to the issuance of permits; and the final location or placement of any fire hydrants or other fire- related building code items shall be reviewed and approved by the Fire Inspector. a. Any major changes or modifications made to this Site and Building Plan can only be made by an amendment to the approved Site and Building Plan as approved by RESOLUTION NO. 2022-76 the City Council. b. The building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. c. The Applicant shall work to ensure all applicable Minnesota Fire Code requirements have been met as part of any site plan approval. d. A fire sprinkler system is required to be installed and shall be maintained on a consistent basis per City Code requirements. e. A SAC Determination shall be submitted by the Applicant to the Metropolitan Council and any associated feeds paid at time of any permit issuance. f. The Applicant shall provide any final site and building plans to City staff for a CPTED review and make alterations as necessary prior to permit release. g. The submitted landscape plans shall be revised to meet City's minimum Landscape Point System policy requirements and an identified"office/industrial"use. h. The Applicant shall install irrigation systems where necessary to facilitate maintenance of site landscaping and green areas, and irrigation shop drawings shall be provided for review and approval prior to installation. i. The Applicant shall revise the submitted photometric plan to reflect minimum, maximum, and average foot-candles per fixture, and clearly identify all property lines. i. The Applicant shall work with the adjacent Shingle Creek Crossing property owner to ensure consistency in lighting and landscaping along the north drive between the Subject Property and Shingle Creek Crossing. ii. Photometric plans shall be revised as needed to incorporate additional pedestrian-level lighting for main building entrance points and sidewalk connections. j. Any outside trash disposal facilities and rooftop or ground mechanical equipment shall be appropriately screened from view per City Code requirements and with materials complementary to the principal building, and an updated details sheet provided. k. The Applicant shall submit a Sign Permit Application for any proposed signage and receive issuance of a permit prior to any installation. All signage shall conform to City requirements. 2. The Applicant agrees to comply with all conditions or provisions noted in the City Engineer's review memorandum, dated June 17, 2022. a. Final grading, drainage, utility, and erosion control plans and any other site engineering related issues are subject to review and approval by the City Engineer for City site and building plan approval and prior to the issuance of permits. b. Any requirements as outlined in reviews conducted by Hennepin County, the Minnesota Department of Transportation (MnDOT), and the Watershed Commission. RESOLUTION NO.2022-76 3. Agreements: a. The Applicant shall enter into a PUD agreement with the City of Brooklyn Center. This agreement is to be reviewed and approved by the City Attorney prior to the issuance of building permits. The agreement shall further assure compliance with the development plans submitted with this application. i. No outdoor storage or display of materials, equipment, or products accessory and necessary to a principal and permitted use is permitted; ii. Warehousing and wholesaling shall not exceed 80-percent of the total floor area. The remaining 20-percent of the total floor area shall be non- warehouse uses, such as a combination of uses including, but not limited to: office, manufacturing, production, research and development, and lab and/or showroom; and iii. Distribution facilities are not a permitted use. For the purposes of this Planned Unit Development (PUD), a distribution facility is defined as a business that receives packages, sorts, and delivers them without product storage. Distribution as an accessory use is permitted only when it occurs from a manufacturing facility or a warehouse where a product is made or packaged on-site. b. A Performance Agreement with supporting financial guarantee approved by the City shall be executed upon any approval of the to-be submitted building permit for site improvements, which ensures the Subject Property will be constructed, developed, and maintained in conformance with the plans, specifications, and standards. c. The Developer shall submit an as-built survey of the property, improvements, and utility service lines prior to release of any Performance Agreement financial guarantee. d. A Utility Facilities Easement Agreement is required for submittal to the City prior to issuance of any permits. e. A Construction Management Plan and Agreement and associated escrow are required for submittal prior to the City prior to issuance of any permits. f. The Applicant shall coordinate with adjacent property owners and the City to execute any cross access and parking agreements for the proposed site improvements. No building permits shall be issued until such determination is made and any agreements are recorded with Hennepin County. g. The Applicant shall work with the City for dedication of the proposed trail easement and provision of trail profile and plans. 4. Platting: a. Approval of the preliminary and final plat for NORTH 100 BUSINESS PARK ADDITION are contingent upon the addressing of comments by City Engineer Mike Albers in the memorandum dated June 17, 2022. i. A 10-foot drainage and utility easement shall be dedicated on the plat around the entire perimeter of the Subject Property and centered on other RESOLUTION NO.2022-76 lot lines. ii. All utilities and storm water management facilities to be located within said drainage and utility easement. iii. Additional dedication of a utility easement is requested on the plat for the private water main and sanitary to allow for maintenance access per the Utility Facilities Easement Agreement. b. Final plat and mylar shall be subject to the provisions of Chapter 15 of the City Code of Ordinances (Platting). c. Any final plat comments and/or requirements as provided by Hennepin County. d. Any final plat comments and/or requirements from the City Attorney's office, and specifically regarding an updated certified abstract of title. e. The successful recording of said plat(mylar AteAugust8, 2022 Date Mayor ATTEST: bAk,?iittu 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, Elliott, Graves, Lawrence-Anderson, Ryan and the following voted against the same:None whereupon said resolution was declared duly passed and adopted. Taft/ June 12, 2024 VIA EMAIL Dear Planning Manager McIntosh: Ginny McIntosh Planning Manager City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430-2199 Patrick J. Lindmark 612.977.8573 PLindmark@taftlaw.com Taft Stettinius & Hollister LLP / Taftlaw.com 1 The Modern Law Firm 133459521vl 2200 IDS Center, 80 South 8th Street Minneapolis, MN 55402-2210 Tel: 612.977.8400 | Fax: 612.977.8650 taftlaw.com Affirmative Action, Equal Opportunity Employer On February 16, 2022, Transformco, through its then-development partner Scannell Properties, submitted an application for planning consideration to the City. Tranformco’s application formed the basis of Planning Commission Application No. 2022- 004, which recommended approval of a preliminary and final plat, site and building plan approvals, a Zoning Code amendment, and a re-zoning and establishment of a Planned Unit Development for the Property. Planning Commission Application No. 2022-004 also recommended a corresponding amendment to the City’s 2040 Comprehensive Plan to guide the Property for Business Mixed-Use (B-MU) to accommodate an office/warehouse (business park) use. The recommended re-guiding stemmed from, and followed, the closure of the Sears department store upon the Property, market analysis for the feasible The undersigned, on behalf of TF Brooklyn Center MN LLC (a.k.a “Transformco”), submits this letter to voice objection to City of Brooklyn Center (the “City”) Planning Commission Application No. 2024-009. Planning Commission Application No. 2024-009 recommends the re-zoning of the former Sears site located at 1297 Shingle Creek Crossing (the “Property”) from a Planned Unit Development/Business Mixed-Use District (PUD/MX-B) to a Transit Oriented Development (TOD) District. Transformco is the owner of the Property and, in reliance upon historical and well-reasoned approvals granted by the City, intends to develop the Property in accordance with uses permitted within the existing Planned Unit Development/Business Mixed-Use District (PUD/MX-B). Re: Planning Commission Application No. 2024-009; Consideration for Rezoning of 1297 Shingle Creek Crossing Exhibit D 133459521V1 Ginny McIntosh June 12, 2024 Page 2 re-use of the Property, concepts reviews by the City Council, and community input. (See Resolution No. 2022-76). Planning Commission Application No. 2024-009 now seeks to undermine the historical City findings and approvals concerning the Property, and in a manner that is contradictory to principles contained in applicable law. Foremost, Minn. Stat. § 462.358, Subd. 3c. provides, in pertinent part, that “for two years following final [plat] approval ... no amendment to a comprehensive plan or official control shall apply to or affect the use, development density, lot size, lot layout, or dedication or platting required or permitted by the approved [plat] application. The City granted Transformco final plat approval twice, first on August 8, 2022, and then again on July 24, 2023. Accordingly, pursuant to Minn. Stat. § 462.358, Subd. 3c, the re-zoning proposed in Planning Commission Application No. 2024-009 would neither apply to nor affect the approvals granted by the City via Resolution No. 2022-76 until July 24, 2025. On August 8, 2022, the City Council approved the totality of Planning Commission Application No. 2022-004, including both the preliminary and final plat approvals, a Planned Unit Development for the Property, and the recommended amendment to the City’s 2040 Comprehensive Plan. Of note, on July 24, 2023, the City Council again approved, via ratification, the preliminary and final plat applications. The City’s broad approvals concerning the Property were accomplished through adoption of Resolution No. 2022-76, and were based upon clear findings of fact and voluminous material submittals provided in support of Planning Commission Application No. 2022-004 (the “Approval Record”). Both the Planning Commission and the City Council found the Approval Record satisfied the standards and criteria prescribed by City Ordinance and complied with the general goals and objective of the City’s 2040 Comprehensive Plan. (See Resolution No. 2022-76). Furthermore, the City’s new Unified Development Ordinance (as well as the City’s predecessor zoning ordinance) recognizes and contemplates the need for “procedures and standards to allow more creativity and flexibility in [certain] site plan design than would be possible under conventional zoning standards.” (Unified Development Ordinance, Section 35-8301). Likewise, Minn. Stat. § 462.358, Subd. 3c acknowledges the complexity and necessary commitments associated with planned and staged developments. Specifically, Minn. Stat. § 462.358, Subd. 3c provides that “[i]n connection with a subdivision involving planned and staged development, a municipality may by resolution or agreement grant the rights referred to [in § 462.358, Subd. 3c] for such periods of time longer than two years which it determines to be reasonable and appropriate.” (emphasis added). The City’s findings and approvals concerning the Property, each of which were clearly articulated by the City in Resolution No. 2022-76, acknowledge the need for creativity and flexibility at the Property. Future creativity and Sincerely, Patrick J. Lindmark 133459521vl flexibility at the Property will be threatened if the City were to adopt the re-zoning recommendations contained in Planning Commission Application No. 2024-009. Ginny McIntosh June 12,2024 Page 3 In conclusion, City approval of the re-zoning recommended in Planning Commission Application No. 2024-009 would contradict the City’s prior findings and approvals concerning the Property. While such approval would not directly affect the permitted use of the Property as approved under Resolution No. 2022-76, it would inherently remove useful avenues for future creativity and flexibility - which the City has rightly found necessary for the Property. In sum, City approval of Planning Commission Application No. 2024-009 would simply create needless hurdles and unnecessary confusion surrounding the Property at a time when both the City and Transformco should be focused on developing the Property to a productive use. Tranformco, accordingly, hereby (i) objects to the recommendations contained in Planning Commission Application No. 2024-009, (ii) requests that the City deny said recommendations, and (iii) asks the City to work in partnership with Transformco on achieving redevelopment of the Property in accordance with the market analysis for the feasible re-use of the Property, concept reviews performed by the City Council, and the community input relied upon in the City’s findings of facts and approvals as contained in Resolution No. 2022-76. Moreover, at their core, planned unit developments are a form of conditional use permit. See Minn. Stat. §462.3595, Subd. 1. Accordingly, uses permitted in a planned unit development run with the land and remain in effect as long as conditions imposed upon the use are observed. Minn. Stat. §462.3595, Subd. 2; See also Northpointe Plaza v. City of Rochester, 465 N.W.2d 686, 689 (Minn. 1991). Just like in the case of the City’s historical platting approvals, then, the re-zoning proposed under Planning Commission Application No. 2024-009 would neither apply to nor affect the Planned Unit Development approvals granted to Transformco under Resolution No. 2022-76. PJL:lsd cc: City Attorney Sarah J. Sonsalla (ssonsalla@kennedy-graven.com) Taft Stettinius & Hollister LLP