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HomeMy WebLinkAbout2025.12.11 PCAPPLANNING COMMISSION CITY OF BROOKLYN CENTER REGULAR MEETING December 11, 2025 Optional public access to the Webex meeting is below: Online: logis.webex.com | Phone: (312) 535-8110 Meeting Number (Access Code): 2631 801 5656 Passcode: BCPC12112025 1. Call to Order — 7 p.m. 2. Roll Call 3. Approval of Agenda a. Motion to Approve Regular Meeting Agenda for December 11, 2025 4. Approval of Meeting Minutes a. Motion to Approve August 14, 2025 Regular 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. 2025-007 (PUBLIC HEARING) Applicant | Property Owner: OGA Madam Kitchen | Brooklyns Cultural Village LLC Addresses | PID: 6000 Shingle Creek Parkway, Brooklyn Center, MN 55430 | 02-118-21-12-0014 Request: Conditional Use Permit Summary: The Applicant is requesting approvals to operate a multi-purpose event space within an existing restaurant at Shingle Creek Center. Upon review of the proposal, it was determined that the Applicant will require approval of a conditional use permit. b. Planning Commission Application No. 2025-008 (PUBLIC HEARING) Applicant | Property Owner: Rory Purnell (Melt City Barber School) | Thomas C Kite Addresses | PID: 6800 Humboldt Avenue North, Brooklyn Center, MN 55430 | 36-119-21-22-0047 Request: Conditional Use Permit Summary: The Applicant is proposing to open an approximately 1,500-square foot barber school in the Humboldt PLANNING COMMISSION CITY OF BROOKLYN CENTER REGULAR MEETING December 11, 2025 Optional public access to the Webex meeting is below: Online: logis.webex.com | Phone: (312) 535-8110 Meeting Number (Access Code): 2631 801 5656 Passcode: BCPC12112025 Shopping Center. Upon review of the proposal, it was determined that the Applicant will require approval of a conditional use permit. 7. Discussion a. Recap of November 10, 2025 City Council Meeting Work Session: General Planning Information and Planning Commission Application Process b. City Council and Planning Commission Updates c. Development and Construction Updates 8. Adjournment PC Minutes 08-14-25 -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 August 14, 2025 1. CALL TO ORDER The Planning Commission meeting was called to order by Chair Koenig at 7:05 p.m. 2. ROLL CALL Chair Alexander Koenig, and Commissioners Randy Christensen, Stan Leino, Mark Viste, and Stephen Schonning were present. Planning Manager Ginny McIntosh and Associate Planner Krystin Eldridge were also present. Commissioners Stephanie Jones and Paris Dunn were absent. 3. APPROVAL OF AGENDA – AUGUST 14, 2025 There was a motion by Commissioner Schonning, seconded by Commissioner Christensen, to approve the agenda for the August 14, 2025, meeting as presented. Voting on the motion: Chair Koenig and Commissioners Christensen, Schonning, Viste, and Leino voted aye. The motion passed unanimously. 4. APPROVAL OF MINUTES 4a. June 12, 2025 Regular Meeting Minutes There was a motion by Commissioner Schonning, seconded by Commissioner Leino, to approve the minutes of the June 12, 2025, meeting as presented. Voting on the motion: Chair Koenig and Commissioners Christensen, Schonning, Viste, and Leino voted aye. The motion passed unanimously. 5. 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 PC Minutes 08-14-25 -2- DRAFT 6a. Planning Commission Application No. 2025-006 (Public Hearing) Applicant: Kimley-Horn | Shingle Creek LLC Property Address: 1000, 1020, 1050, 1100, and 1150 Shingle Creek Crossing, Brooklyn Center, MN 55430 | 02-118 -21-31-0065, 02-118 - 21-31-0063, 02-118 -21-32-0029, 02-118 -21-32-0024, 02- 118 -21-32-0025, 02-118 -21-31-0058, 02-118 -21-32-0030, 02-118-21-32-0031, and 02-118 -21-31-0064 Requests: Preliminary and Final Plats Summary: The Applicant is requesting review and consideration of a request to re-plat certain vacant lands located within the Shingle Creek Crossing shopping center and currently located within SHINGLE CREEK CROSSING ADDITION and SHINGLE CREEK CROSSING 2ND ADDITION, Hennepin County, Minnesota. Planning Manager Ginny McIntosh reviewed a request for preliminary and final plats. Ms. McIntosh stated that the applicant, Kimley-Horn, is requesting approval of a preliminary and final plat for Shingle Creek Crossing 7th Edition on behalf of Shingle Creek LLC. She noted that the requested replatting would allow for the existing property lines to be adjusted and straightened to better align with the layout of the proposed buildings, for building sites L, M, O, Q, S, and N within the Shingle Creek Crossing shopping center, which is a planned unit development. She added that the properties are located on the Eastern portion of the property, just east of the former Walmart or Empire Foods. Ms. McIntosh stated that the originally approved final plat for Shingle Creek Crossing was approved in 2011 and created a series of lots for almost the entirety of what was the Brookdale Mall. She added that the properties as they exist today were approved through the creation of that Planned Unit Development, PUD. Ms. McIntosh showed images of the location of the property. She noted the are vacant lots, but HOM Furniture is to the east, and Pop! Car Wash, Domino's, Aspen Dental, and a high-rise office building are located to the north. She added that there is a pedestrian bridge to the southeast that crosses over Highway 100 to the golf course. Ms. McIntosh stated that the originally approved preliminary plat for Shingle Creek Crossing contemplated the replatting of the properties into 19 lots and one outlot. She noted that it was intended to be a phased development into what is today known as the Shingle Creek Crossing shopping center. She added that, for a little bit of historical context, building site L was originally contemplated for retail use, building site M was contemplated for restaurant use, and building site Q was intended for retail use as well as building site N. Ms. McIntosh stated that in the past year, City Staff had worked with Shingle Creek and the West Mississippi Watershed Commission, and a feasibility report was prepared for a potential full daylighting of Shingle Creek. PC Minutes 08-14-25 -3- DRAFT Ms. McIntosh stated that the property owner, who was also in attendance at the meeting, could give more context later in the meeting, but the City did pursue grant funding through the Minnesota DNR Environment and Natural Resources Trust Fund, but the application request was ultimately not successful. She added that as part of this requested preliminary and final approval, no new lots would be created. She noted that it is truly a matter of there being some pretty wonky property lines as it stands today and the property owner desires to clean the property lines up. She added that there are two drainage and utility easements that are noted on the plats— a 57-foot- wide drainage and utility easement that runs through the middle of the property, which is Shingle Creek, and a 30-foot-wide drainage and utility easement that runs in the northeast corner. She noted that both of the easements are in existence today, and there are no plans to alter or vacate them. Ms. McIntosh stated that for the preliminary plat, there was a meeting about the requested revisions, and there was nothing major to address. She noted it really comes down to some cleanup, providing the surveyor’s name, matching the final plat, addressing spelling errors, clarifying symbology, and clearly identifying property lines with thicker lines. Additional revisions include spelling out zoning classification information, making sure that the building site names that are identified on the plats match the PUD master plans, clearly identifying any particular setbacks, especially if it was a variance that was granted under the Shingle Creek Crossing PUD plans, ensuring that each of the footprint sizes for each of the identified buildings match the last approved footprint size for the PUD plans, identifying any of the existing water, sewer, culverts, underground facilities, and then labeling any of the contours. Ms. McIntosh noted that for the final plat, the requested revision is to update the signature lines to the mayor and city clerk. Ms. McIntosh stated that a public hearing notice was published in the Sun Post on July 31st, mail notifications were sent out to property owners within 350 feet of the properties, and a public hearing notice was published on the City’s website. She added the majority of the property owners are owned by Applicant Frank Gatlin of Gatlin Development Company or the City’s Economic Development Authority. Ms. McIntosh noted the recommendation on the slides and stated that the item requires a public hearing; however, as of the meeting, she is not in receipt of any public comments. The Applicant and representation were available for any questions. OPEN TO PUBLIC COMMENTS – APPLICATION NO. 2025-006 There was a motion by Commissioner Schonning, seconded by Commissioner Leino, to open the public hearing on Application No. 2025-006. Voting on the motion: Chair Koenig and Commissioners Christensen, Schonning, Viste, and Leino voted aye. The motion passed unanimously. PC Minutes 08-14-25 -4- DRAFT Samantha Stevens stated that she works with Kimley-Horn and on behalf of Gatlin Development, and there was a meeting with City staff where they mentioned some of the revisions that need to take place. They are working on making the revisions because they know the concerns and are looking forward to working on the revisions. She noted that she is available to answer any questions. Ms. McIntosh noted that no further comments have been received regarding the plan. 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. 2025-006. Voting on the motion: Chair Koenig and Commissioners Christensen, Schonning, Viste, and Leino voted aye. The motion passed unanimously. Chair Koenig stated that he had no questions at this time. He noted that he read through the material and that it looks like it will make it a more workable situation. He added that he was talking to Mr. Gatlin and that he would summarize the discussion. He stated that he has been familiar with Mr. Gatlin for a while, regarding the property and such, but the Planning Commission and the City appreciate Mr. Gatlin’s efforts, as he has held onto this land, sometimes at his own risk and cost. He added that Mr. Gatlin has always done great work and has been a great partner with the City, so he would anticipate that it is no different now. Commissioner Christensen asked about the page that notes the different plats labeled A, B, C, and D, and whether they would be renamed. Ms. McIntosh noted that one of her comments for the preliminary plat is that they are matched to the building sites L, M, O, Q, S, and N to match the master plan. She added that those are what the building sites are known as. Commissioner Christensen asked if that would change on this. Ms. McIntosh stated that it would just get updated, and that is just to match the approved PUD plans and documents. Commissioner Christensen asked about how the site would be plowed, with the roads that lead right up to the parking spaces, and it looks like the one lot has a lot more responsibility. Frank Gatlin, with Gatlin Development, stated that he would explain what they have and are trying to accomplish this year. He noted that many years ago, when it was created, it really did not matter where the property lines fell as long as the parking ratios were met, and as they were not going to develop every one of the buildings in the same time frame. He added that when any potential user is interested and they look at it, the parcel lines are irregular, so they do not even line up in front of where the building would be. He stated that the building size is not increasing, rather, they are PC Minutes 08-14-25 -5- DRAFT squaring the property lines off and making them where they are more presentable, so that every one of the lots can now stand on their own. He noted that any potential buyer or user looking at them now could build on any one of those lots and put the parking lot within the metes and bounds of the new platted areas, without overlapping on another parcel. He added that right now, if one parcel is bought, you would have to build on another parcel, but by having it reconfigured the way that it is drawn, each one can stand on its own. He noted that it is really just for marketing and being able to sell individual parcels without the confusion. He stated that right now, if someone wanted to buy a parcel to build a restaurant, they would have to buy the lot next door or get the lender to release the mortgage to be able to put the parking lot in front of the building. He added that if you notice all the angled lines, now the lines get straightened out with what Kimley-Horn has drawn and become nice square lots, the same amount of acreage, same amount of parking, and the same amount of buildings. He noted that it makes it more presentable and makes more sense to anybody who is looking to develop it and allows Gatlin Development to do it one by one without trying to build the whole thing at once, which he has not been successful in doing. Commissioner Christensen stated that it also avoids having to draft a lot of reciprocal easement agreements. Frank G. stated that is exactly correct. Commissioner Christensen noted that was his question, mostly because of the roads that lead up to the parking lot for the lot identified as E, and the end of the plat ends right at the end of the parking lot. He added that the roadway would have to be built on the other property for lot E to park on that one. Frank G. stated that there is some work that would have to be done, but at least the lots would be nice and square, and the parking field for each lot would be in front of each building. He added that is the sole request, to clean them up to make them more presentable to be able to sell them off one by one, because that is not what the original intention was; rather, the intention was to build them all like the rest of the shopping center. He noted that when looking at the rest of the property lines throughout Shingle Creek, the lines do not make a lot of sense. He stated that places like the liquor store, with parking on the side, or Panda Express, with parking all over the place, work because there is cross easement parking, but that is not what buyers want to see with these lots. He noted that they would have to have cross easements and develop parts of the other parcels in order just to get one parcel done, and this will still probably have to be done, but at least now this cleans it up and makes it uniform. He added that each parcel would now have a nice square lot and a parking space that is appropriate for that size building. He stated that at this time, nothing else is being asked for; there are no proposed users, but it is just getting presentable if one user is found in the next few months. PC Minutes 08-14-25 -6- DRAFT Ms. McIntosh stated that in Shingle Creek Crossing, a good number of the properties are all on leases in some kind of ownership with Gatlin Development; however, some are privately owned, and there is at least one that is a ground lease. Frank G. stated that it is no longer a ground lease; it is now a building lease under a different entity, but Gatlin Development still owns it. He added that he still owns everything there except for Sears, Panda Express, the car wash, the liquor store, and Pollo Campero, but everything is under one ownership except these lots. The former Applebee’s, now Dos Hermanos, which he owns, is under a different ownership. He noted that basically it is just that they have different mortgages and they are not part of the same collateral as the main shopping center, but still under his ownership. Chair Koenig asked if there were any additional questions or comments. Ms. McIntosh noted that the conditions that are noted in that condition of approval include the revisions that have been requested. ACTION TO RECOMMEND APPROVAL OF PLANNING COMMISSION APPLICATION NO. 2025-006 SUBMITTED BY KIMLEY-HORN There was a motion by Commissioner Leino, seconded by Commissioner Christensen, to recommend City Council approval of Planning Commission Application 2025-006 for Preliminary and Final Plats at 1000, 1020, 1050, 1100, and 1150 Shingle Creek Crossing, Brooklyn Center, MN 55430. Voting on the motion: Chair Koenig and Commissioners Christensen, Schonning, Viste, and Leino voted aye. And the following voted against the same: None. The motion passed unanimously. Ms. McIntosh stated that she would try to get this to the August 25th Council meeting and would follow up with that as soon as possible. Frank G. stated that he humbly appreciates everything that the Commission has done for him for all the years, and he pledged to continue to try. He added that nothing changes, if it turns out that they can possibly daylight the creek, this does not affect it. He noted that if something else were to happen there, everything is precisely designed to go around the utility lines and the existing creek. He stated that it just straightens the property lines. He added that they have his pledge, as he has done for 16 years, and he will see the project come to fruition. Chair Koenig thanked Frank Gatlin for his and his associates' perseverance and hard work. PC Minutes 08-14-25 -7- DRAFT 7. DISCUSSION ITEMS 7a. City Council and Planning Commission Updates Ms. McIntosh stated that if the Commissioners happen to be around, the City Clerk forwarded some volunteer registration information for the upcoming community health fair. She noted that the fair is on Saturday, August 16th, from 12:00 p.m. to 4:00 p.m., at the middle school and the high school. She added that if there is any interest in volunteering, they are probably still in need of volunteers, in the packet of information, there is a QR code as well as some additional information. Ms. McIntosh stated that the City Council has been working on a Brooklyn Center City Commission Code of Respect and Ethics, which they are hoping to bring a draft back with commentary for the August 25th meeting. She noted that if there are any comments on this draft that the Commissioner would like to add to the draft, after the meeting, she will email the draft, and the Commissioners can send comments to the City Clerk over the weekend. She added that they are looking to implement it because they do not have one currently. Chair Koenig stated that many of the Commissioners have been involved in the City in many different ways, and with this being a living document, that is going to be very important to the City. He added that if Commissioners are going to continue to work with the City in any way, it would behoove them to participate and offer comments on the document, so when the final document is done, they can feel good about the information in it, and the City Council would appreciate it greatly. He noted that the Council and the Mayor have taken into consideration the Commissions involved in it and how it affects everyone. He added that the Council is looking for uniformity and participation, so there is a clean structure in which everyone will operate and understand what is expected of them in terms of how to function internally within Commissions, City Council, and City staff. He stated that he has been watching all of it, and there are a great deal of things that he agrees with and some things that he disagrees with, but everyone can offer commentary, and he encourages all to do so. Ms. McIntosh stated that the Planning Commission is probably a little bit more aware of some of the items that are outlined in the Code of Respect and Ethics, maybe even more so than other Commissions. She noted that some of it may be more obvious to the Commission, such as just simple rules to follow; however, it is good to have it written down in one spot. She added that there may be room to make some edits, changes, or maybe nothing is addressed at all, so now would be the time to call that out, but some of it is a rule, a requirement, or statute, such as the gift law that says no one is allowed to accept anything. She stated that it is good to take a look at the document and get acquainted with it, but if there are comments, make sure to send them over. Commissioner Christensen asked for clarification on page four, number two. PC Minutes 08-14-25 -8- DRAFT Commissioner Christensen asked if he had a question now; he is not supposed to just go to Ms. McIntosh, but if he needs to go to the City Manager. He noted that is what page four number two states Ms. McIntosh stated that it is probably not the case, because the City Council has been working on its own code of ethics, and some of that might have gotten pulled through and not updated appropriately. Each of the Commissions has its own Staff Liaison, and all of the Commissions, except for the Planning Commission, have a Council Liaison. She added that she has never been on a Planning Commission that has had a Council Liaison. Chair Koenig stated that he agrees with Ms. McIntosh that, in terms of when it comes to Planning Commission, their questions are most appropriately answered by Ms. McIntosh, and the actual department staff because Dr. Edwards probably does not stay in the minutia of all that is going on in the Planning Commission, and that is not to exclude him, but it is counterintuitive to ask and then in turn he may end up asking the staff to then come back to Planning Commission. Commissioner Christensen stated that the Commission does not bother the staff a whole lot, but the other half of that is that going to the City Manager for information does not seem like the correct path for the Planning Commission. Ms. McIntosh stated that this is one where she would provide some commentary back for this specifically, but in looking at this and knowing that the City Council was working on drafting their own document, she would say that there are some differences between the Advisory Commissions and the City Council. She noted that if this is something that someone would like to address, please call it out so that they are aware. Commissioner Christensen asked if number three already exists. Ms. McIntosh stated that right now there is a series of bylaws with the Commissions and also resolutions establishing the duties of the Commissions. She added that some of this is pulled from that document, in terms of the meeting functions, and then there is also the resolution establishing the duties for Housing, Finance, and Planning Commissions, etc. She stated that it would be an interesting question of how that works with the bylaws and resolutions that have been adopted over the years. She noted that the documents the City has for the Commissions are pretty high- level. Commissioner Christensen noted that on page five, this has been brought up before, but with the public speaker for public hearings, there should be a general format that the Commission has for the people that are coming in that is followed, especially when there are a lot of people for a certain cause. He noted in the past that they tried to do something with those who are for or against and tried to limit the time based on what else is on the agenda. He added that it would be nice to have something to share to follow that might make sense. Ms. McIntosh stated that at that moment of speaking time, and for the fact that oftentimes when people show up, they are not used to coming to the meetings, it might be good to clarify during the public hearing process the expectations of the Commission. She added that, stating that the PC Minutes 08-14-25 -9- DRAFT public hearing is going to open, for those members of the public who wish to address, they can do so first, and then, if representation is there, they could perhaps go last, or if there are any other rules that the Commission would like to see outlined. She noted that it would be good because people are sometimes confused about when they are able to come up to speak, or they miss their window because they are unaware of our procedures. Commissioner Christensen stated that it could be a canned four-sentence thing, letting them know what would take place. He noted that if there are only six people there, then some of it is not relevant, but if there are more like 40, then to alternate between for and against, so different viewpoints are being shared. He added that the Commission would not respond to the public until the public hearing is closed, and then they will be answered in the next section of the presentation. He stated that if it were a canned thing, it would make it easier for everyone to understand. Chair Koenig stated that in his experience, he has requested that of people who are present. He noted that in the few times that there have been large attendances, he has run a different time so as not to guess when they are done speaking. He added that in terms of repetition, the Commission needs to be careful, because what might seem redundant to them, to those who wish to speak, they would like to have their opinion heard. He noted that when the Planning Commission meetings take place and the public is intricately involved in it, it is necessary to have them speak and give them time even if it does run a little bit over or redundant. What matters most is that the public believes that they are allowed to speak, to be understood, and that their opinion is valued. He stated that he is not in favor of determining strictly because of the time that has run out, and everyone has to go. He noted that those types of situations in the Planning Commission are very minimal, and it is more important as a community with many values to hear the public. He added that the current Mayor and the City Council value input and the more internal aspects of value as a citizen and resident. He noted that when there is a meeting, if he needs to sit and listen for three hours, he will do it, as the Commission is there to cater, to serve, and to empower citizens. He noted that they have all been in situations where they have been cut off. He noted that he differed from the opinion of Commissioner Christensen. Commissioner Christensen stated that in Hennepin County, there was a highly controversial subject, and hundreds of people were there; however, there was a bylaw that stated that four speakers on a limited time were allowed to speak. He noted that because of that, there was a lawsuit, because someone did not get to speak, and he did not remember the exact decision, but the gist was that there is no obligation to sit there and listen to everybody. He added that right now, there would be many other ways to get your comments heard as well, and that a group knew the rules of Hennepin County ahead of time, and they appointed a spokesperson to present the case. He stated that it is just a good example of when something inflammatory comes up, what can happen. He noted that when he was on the Charter Commission, that is what they did: they would ask people to submit a request to the chair ahead of time that they would like to speak. He added that he did agree with the Chair that the worst thing in the world is somebody who says that they PC Minutes 08-14-25 -10- DRAFT just felt like their opinions were not validated, and they are usually the ones who never come back again. Ms. McIntosh stated that for the public hearing side of it, and again, the quirk of the Planning Commission is the Planning Commission holds public hearings, whereas some of the other commissions do not, and so this section is particularly important to the commissioners. She noted that she would advise them to look at it through our lens. Commissioner Christensen stated that on page five, the outline in general is a good model. He noted that it said in general, each speaker will be allocated two minutes to speak; applicants or designated representatives may speak more. He added that if many speakers are anticipated, the chair or co-chair can shorten the time and/or ask speakers to limit themselves to new information or points of view not already covered by previous speakers. Chair Koenig stated that the people who live and work in Brooklyn Center are communities of color or different cultures, and typically those communities are already under a perception of some type of marginalization, or opportunities are not presented to them to either participate or be in the know of what goes on. In Brooklyn Center, it is a fine line to walk or to find how not to perpetuate the feeling that those people might have who are from different communities. He noted that if they attend meetings, they may perceive that they are shut out in one manner or another. He added that the more the citizenry feels that they are at least part of the solution. They might still disagree with the decision that was made, but they will have had the opportunity to listen to all sides. He stated that in the community, the balance for time constraints or procedure must be weighed differently because of those reasons. He noted that if people believe that the Planning Commission understood them, that is valuable, and even if the Planning Commission voted yes on an item, and the City Council voted no. Ms. McIntosh reiterated to make sure to send these comments to the City Clerk so that they are heard. Ms. McIntosh stated that she is not in receipt of any new applications at this time. Chair Koenig asked about the triplex that is being built because the parking lot is torn up, and there are surveyors there. Ms. McIntosh asked if the Commission was moving into 7b. Chair Koenig stated that yes, if there were no further updates. 7b. Development and Construction Updates Ms. McIntosh stated that the former C Alan triplex lots went into foreclosure and lender CCM Finance are now the owners of those properties. They are focused on the south site at this time as it was partially under construction when the project went under and as there was push back by the PC Minutes 08-14-25 -11 - DRAFT neighbors at the north site. She noted that they have been in discussions with City staff, trying to get everything upright because the two triplexes are almost complete but they cannot have anyone occupying them until the site improvements are completed. City staff will not issue a certificate of occupancy until certain site improvements are completed and the final plat is filed at the County. She added that they have been working through some of the remaining workload items and waiting for the County to get the title work cleared up. She stated that staff has been working with the new owner and owner’s representative and project manager and recently met with them, as well as the excavating contractor. She noted that it is a very complicated process because of what paperwork that needs to be redone, what needs to be recorded still, and how the stale building permits are being handled. She added that some of the contractos have been working on wrapping up the interior work, and they have taken down the fence. She stated that the scope of the work right now, which they are trying to wrap up in the fall, includes documentation, the filing of the plat, and remaining site improvement work, of which includes the installation of remaining stormwater infrastructure, curb and gutter, pavement, landscaping, lighting, new fencing, etc. She noted that there are five remaining triplex lots on the south site and the new owner will need to determine if they will finish out those buildings, or if they will sell the south site to a new developer. Chair Koenig noted that they have the resources and appear to be handling it. Ms. McIntosh stated that they were originally the lender, so now they are the owner and their own lender. Chair Koenig added that when they go through the list of things that need to be accomplished, it makes it quite stark. Ms. McIntosh stated that the project was approved in 2020, so there has been this whole period of time where City staff has been following the foreclosure process and are now navigating the process to get the project right side up. Ms. McIntosh stated that CAPI has been working towards construction of their building expansion. There have been some delays with utilities, and the complexities with respect to financing the project and certain requirements they need to work through before they can get underway with construction. She added that their staff has relocated out of the building for the next year and they have relocated their food shelf to a space in Shingle Creek Center. Ms. McIntosh noted that the Brooklyn Blvd Dental Clinic needs to be followed up on, but they will probably be moving forward sometime soon with the 780-square-foot expansion and renovation. PC Minutes 08-14-25 -12- DRAFT Ms. McIntosh stated that 7100 Brooklyn Boulevard, which will be the new location of New Horizon Academy has been underway with interior demolition and there is construction fencing up. The City is still waiting on submittal of their building permit, which is taking longer than anticipated. Ms. McIntosh stated that not much can be said, but there may be a user for the former CVS off Brooklyn Boulevard. Chair Koenig asked if she was allowed to say whether it is retail or other. Ms. McIntosh noted that the PUD allows for a pharmacy retail store, but it also allows for any of the old C2 uses, which do include retail and some other uses. Ms. McIntosh stated that the new social security office is proceeding in the approximately 12,500- square foot space adjacent to HOM Furniture. She noted that they were not looking to open until 2026 because there is still a lease on their current property in Brooklyn Center and they need time to build out the new space. Ms. McIntosh noted that many restaurants, such as Taco Bell and Arby’s, want to refresh their buildings right now. These aren’t items the Planning Commission needs to look at, but it’s good to see they want to invest in upgraded building exterior, lighting, landscaping, etc. Chair Koenig stated that it is wonderful because it is a very dreary corner, and the City and all other entities have invested a lot of money aesthetically. He noted that one of the neatest things is the City Park Worker who waters the trees and the grass all day long, because he really appreciates the effort that is being put into it. Ms. McIntosh stated that the Staff has been in discussion with the owners of the Sears site, and there may be something coming forward. Ms. McIntosh added that they are still working on the Opportunity Site, and many grants need to be extended so as not to lose them. She asked if there were any other questions on development or construction. 8. ADJOURNMENT There was a motion by Commissioner Christensen, seconded by Commissioner Leino, to adjourn the Planning Commission meeting. Voting on the motion: Chair Koenig and Commissioners Christensen, Schonning, Viste, and Leino voted aye. The motion passed unanimously. PC Minutes 08-14-25 -13- DRAFT The meeting adjourned at 8:08 p.m. _______________________________ __________________________________ Ginny McIntosh, Secretary Alexander Koenig, Chair App. No. 2025-007 PC 12/11/2025 Page 1 Planning Commission Report Meeting Date: December 11, 2025 Application No. 2025-007 Applicant | Property Owner: OGA Madam Kitchen | Brooklyns Cultural Village LLC Location: 6800 Shingle Creek Parkway—Shingle Creek Center Requests: Conditional Use Permit Map 1. Subject Property Location Requested Action Arku Aboge of OGA Madam Kitchen (“the Applicant”) is requesting review and consideration of a conditional use permit (CUP) to host private events within the existing OGA Madam restaurant space located at 6000 Shingle Creek Parkway in the Shingle Creek Center shopping center (“the Subject Property”). In recent years, the City has received a few requests for these types of uses, which have been classified as “Banquet, Event, or Conference Facilities” under Section 35-4103 (Allowed Use Table). The nature of the business has historically required applicants to submit a Planning Commission application for review and consideration by the Planning Commission and City Council. • Application Filed: 11/18/2025 • Review Period (60-day) Deadline: 01/17/2026 • Extension Declared: No • Extended Review Period Deadline: App. No. 2025-007 PC 12/11/2025 Page 2 A public hearing notice for the conditional use permit request was published in the Brooklyn Center Sun Post on November 27, 2025—refer to Exhibit B. Notifications were mailed to those physical addresses and property owners located within 350 feet of the Subject Property, and a copy of the public hearing notice was published to the City of Brooklyn Center website. A link to the public hearing notice was also sent out by email to subscribers of the City’s weekly events bulletin. Image 1. Existing Site Conditions at Subject Property (North and West Elevations). Site Data: 2040 Land Use Plan: Commercial Mixed-Use (C-MU/10.01-60 DU/Ac.) Neighborhood: Centennial Current Zoning: Commercial Mixed-Use (MX-C) District Site Area: Approximately 1.6 acres Surrounding Area: Direction 2040 Land Use Plan Zoning Existing Land Use North Commercial Mixed- Use (C-MU) Commercial Mixed-Use (MX-C) District Commercial South Transit-Oriented Development (TOD) Transit-Oriented Development (TOD) Office | Undeveloped (City EDA-owned lot) East Commercial Mixed- Use (C-MU) Commercial Mixed-Use (MX-C) District Commercial West PSP/Institutional Commercial Mixed-Use (MX-C) District Institutional App. No. 2025-007 PC 12/11/2025 Page 3 Background The Applicant met with City Planning and City Clerk staff in October 2025 regarding the use of their restaurant, OGA Madam Kitchen, located at 6000 Shingle Creek Parkway in Shingle Creek Center. Prior to these meetings, the Applicant had been unaware that a conditional use permit would be required to hold regularly occurring events. As part of those discussions, the Applicant indicated they had been working with an event promoter, but following issues, they cut ties. As they still see the need for event space within the community, they would like to continue offering their space for rent during select times but want to follow the City’s process. City staff notified the Applicant of the process and timeline for bringing an application through the respective Planning Commission and City Council bodies at these meetings and via email follow-up. CONDITIONAL USE PERMIT As proposed, the Applicant has expressed an interest in holding private events within their existing restaurant space, such as birthday celebrations, graduation gatherings, wedding showers, baby showers, corporate lunches and dinners, etc. The Applicant indicated plans to hold daytime as well as nighttime events. Evening events would be catered to people with a minimum age of 21+ during the hours of 9 p.m. and 1:45 a.m. for events held Fridays, Saturdays, and Sundays, although the Applicant indicated their target patron age is 25+ to minimize issues that can occur with younger groups that might rent the space. The Applicant indicates food and drink packages would be available for purchase as part of the rental. For these events specifically, the Applicant has indicated security would be provided during the event in the form of two (2) licensed security officers, with one (1) dedicated to checking IDs and monitoring the interior of the establishment and the other available to monitor the parking lot and make rounds to ensure neighboring properties are not disturbed and attendees leave the establishment once the event has ended. The Applicant notes that their motivation for incorporating this amenity in their existing space is due to the fact the majority of their patrons live in and around Brooklyn Center and have received suggestions from guests to allow for events to take place at their establishment. The Applicant indicates that, following their meetings with City staff, they are aware additional approvals are required before they can allow the space to be rented. Image 2. Existing Interior Restaurant Space. App. No. 2025-007 PC 12/11/2025 Page 4 There are no plans to alter the interior of the restaurant space. As the seating located within the center of the restaurant space is moveable, the Applicant identifies an optional dance floor layout in the interior sketch plan that was submitted. All seating located on the outside perimeter of the restaurant space is fixed, so that layout would not alter. The Applicant intends to continue operating their restaurant (https://ogamadam.com/), which specializes in African cuisine, during non-events. They indicate OGA Madam Kitchen’s regular hours are Tuesday through Sunday from 11 a.m. to 8 p.m. They are closed on Mondays. In recent years, City Staff has become increasingly aware of “multi-use” or “flex spaces” as a use. Oftentimes, these spaces are much smaller than a traditional wedding venue or conference center, and attractive to those looking to host informal and formal events alike. Earlier this year, Oh Pretti! Events and Rentals requested issuance of a conditional use permit at the Humboldt Shopping Center under Planning Commission Application No. 2025-003 for an event space with full catering kitchen. By reviewing the use as a conditional use, this path allows City staff to review the business’ operations, including hours of operation, targeted events, the location of the use and adjacent permitted uses, noise considerations, and traffic/peak parking demands to determine potential adverse impacts. Should any major concerns arise as part of the review process, the City may apply conditions as part of any approval. As the Applicant intends to continue operation of its restaurant, City staff reviewed the calculations for “Eating and Drinking Places” as well as “Places of Public Assembly” for the “Banquet, Event, or Conference Facility” use. Section 35-5506 (Required Parking Spaces) specifies that a minimum of one (1) parking space for every three (3) seats/persons for the assembly use, and one (1) parking space for every two (2) staff at maximum shift for the use would typically be required. In consideration of the Subject Property’s location, the City’s UDO also provides a calculation for multi- tenant retail centers, where no additional parking spaces beyond those allowed in the retail formula shall be required of restaurant uses, which altogether do not occupy more than 15% of the gross floor area of the center. The parking formula for “Eating and Drinking” establishments shall apply proportionately to the seats and employees occupying space in the center over and above 15% of the gross floor area. Shingle Creek Center currently operates under a Reciprocal Easement Agreement (REA) with the other strip mall building, which is owned by African Career Education and Resources (ACER) Inc. and the former Target site, which is owned by the City of Brooklyn Center’s Economic Development Authority (EDA). This agreement, amongst other things, allows for shared parking and access, subject to certain timelines as outlined in the agreement. Planning Commission Application No. 85001, which approved the 105,928-square foot former Target store and adjacent, approximately 34,160-squre foot retail shopping center, originally noted plans for an approximately 4,250-square foot restaurant on the Subject Property; however, subsequent submittals (Planning Commission Application No. 85024) identify a revised, approximately 32,400-square foot shopping center (ownership by ACER) and an approximately 8,400-square foot multi-tenant retail building with approximately 5,360-square feet of retail space and an approximately 3,040-square foot restaurant where the Applicant’s restaurant is currently located. The parking requirements identified within the staff report on file for Planning Commission Application No. 85024 note that, “the parking requirement for the total Target/Shingle Creek Center development is App. No. 2025-007 PC 12/11/2025 Page 5 complicated, to say the least.” The approach agreed upon by then City staff and the original developer (Ryan Construction) was to apply the retail formula to all floor space within the common development and then require additional parking for the restaurant after certain credits had been accounted for. Assuming a restaurant with 116 seats and 12 employees (calculated at 1:2 for seats and staff, respectively), and assuming certain parking credits given the floor area, a minimum of 64 parking spaces were required at the time. It should be noted that the City’s Building Official has identified a maximum occupancy load of 109 persons for the OGA Madam Kitchen restaurant space in its current format, which is less than the 116 seats and 12 employees identified for the space back in 1985. This should, hypothetically, result in less parking demand. The Subject Property and parking lot, as it is situated today, appears to provide approximately 79 on-site parking spaces. The neighboring multi-tenant retail center, which is owned by ACER, provides approximately 143 on-site parking spaces. The plan submitted as part of Planning Commission Application No. 85024 noted a minimum requirement of 889.2 parking spaces, with 891 provided for in the submitted plans; however, it should be noted the majority of parking was allocated for the former Target store, and the retail shopping center buildings were calculated at a parking ratio of 5.5 parking spaces per thousand square feet of gross floor area. As the entire development was tied together by common access and cross- parking arrangements, the three buildings were calculated as if one common development. If Shingle Creek Center were to be constructed today with 146,728-square feet of retail use and with no more than 15% gross floor area reserved for “Eating and Drinking” establishment usage, and subject to the current Unified Development Ordinance, the site would’ve required a maximum of 587 parking spaces (303 less parking spaces than originally approved at). For those “Places of Public Assembly,” of which include dance halls and similar assembly type uses, retail shopping centers with 50,000-square feet or more would require one (1) parking space for every four (4) seats/persons, rather than one (1) parking space for every (3) seats/persons, as is typically required. Assembly uses are oftentimes on the more intense end with respect to parking and traffic needs; however, as it stands today, the parking lot for Shingle Creek Center is not often maximized for use, and as the Applicant has noted in their provided narrative, they are one of the few businesses that appear to operate in the evening hours, with exception of Brothers Taqueria, and, when it opens, Treasure Hunt Early Learning Center (open until 11 p.m. Monday through Friday). Both businesses are located at the northernmost and southernmost endcap units at the adjacent multi-tenant strip mall owned by ACER. The Applicant intends to provide two (2) security staff, as well as six (6) staff during daytime events, and four (4) staff during nighttime events. Based on the information of record with respect to the approval of the development, calculation of parking for the development at the time of its approval, as well as under the City’s current Unified Development Ordinance, and assumptions as provided by the Applicant with respect to occupancy and staffing, City staff is not concerned with parking. Even if the shared parking provisions under the Reciprocal Easement Agreement (REA) were terminated, the existing parking lot available for the Subject Property should meet the Applicant’s needs. The Applicant is currently in possession of a City of Brooklyn Center liquor license as well as the optional 2 a.m. liquor permit issued by the Minnesota Alcohol and Gambling Enforcement Division (AGED). The Applicant will need to maintain these licensures if they intend to host events serving alcohol up until 2 a.m. As part of any approvals for the conditional use, the Applicant would also need to obtain and maintain App. No. 2025-007 PC 12/11/2025 Page 6 a City of Brooklyn Center Entertainment License. The City’s Entertainment License and Liquor License are both administered by the City Clerk’s Office. While noise mitigation and traffic flow are considered as part of the conditional use permit review criteria, the Subject Property is not currently located near any residential properties. The Subject Property is located within the City’s Opportunity Site, and it is presumed residential units will be constructed in the future as outlined the Opportunity Site Master Plan and as permitted in the neighboring zoning districts; however, this is not a concern of today. The Subject Property is situated adjacent to another shopping center (6050 Shingle Creek Parkway), the Hennepin County Service Center (6125 Shingle Creek Parkway), Jani-King (5930 Shingle Creek Parkway), Restaurant Depot (5925 Earle Brown Drive), and New King Buffet and a tire shop (5927 John Martin Drive). The Subject Property is also surrounded by scattered vacant parcels owned by the City’s Economic Development Authority (EDA) that are slated for redevelopment as part of the Opportunity Site buildout, which is envisioned as the City’s future downtown. Following a visit by City staff to the Subject Property, City staff requests the Applicant, in coordination with the City and Property Owner, either replace or repair the existing light pole that appears damaged. As one of the light poles has already been replaced, the Property Owner may look at replacement of the other two light poles, including the pole in need of repair or replacement, which are situated along the sidewalk fronting the approximately 8,400-square foot multi-tenant retail building— refer to Image 3 below. Image 3. Damaged Light Pole on Subject Property. App. No. 2025-007 PC 12/11/2025 Page 7 Image 4. Existing Communal Trash Enclosure Area with Containers Outside Enclosure. During a visit to the Subject Property, City staff further noted that the building’s communal garbage and recycling dumpsters were located outside of the trash enclosure and partially blocking one of the tenant doors. City Code requires all containers and dumpsters to be fully screened and located within the enclosure with exception of trash pick-up days— refer to Image 4 above. 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 may only be allowed in a particular zoning district after submittal of an application, review, and recommendation by the Planning Commission, and approval by the City Council. The conditional use permit process regulates: the location, magnitude, and design of conditional uses consistent with the 2040 Comprehensive Plan, and the regulations, purposes, and procedures of this Unified Development Ordinance (UDO). A conditional use permit may not be granted by the City Council unless the following criteria have been satisfied (Note: Applicant responses are derived from the business narrative documentation submitted— refer to Exhibit A): a. The conditional use will be in accordance with the general objectives, or with any specific objective, of the City’s Comprehensive Plan and this UDO. Applicant Response: The conditional use will be in accordance with the city’s comprehensive plan because the venue will continue to operate as a restaurant Tuesday to Sunday 11 a.m. — 8 p.m., private events will run Friday and Saturday and Sunday from 9 p.m.—01:45, private events are not rented but booked/reserved and are free of charge with food and drink packages are available for purchase. City Staff Response: As noted above, the Subject Property is located within the City’s Commercial Mixed- Use (MX-C) District and is future guided as Commercial Mixed-Use (C-MU) under the City’s 2040 Comprehensive Plan. This zoning district and future land use designation are brand new to the City as of 2023 and 2019, respectively. The use, as proposed, is permitted within this district as a conditional use per Section 35-4103 (Allowed Use Table). The Commercial Mixed-Use (C-MU) Future Land Use Designation under the 2040 Comprehensive Plan is a new land use designation and guides land for a mix of commercial, office, retail, service and residential uses. This designation is guided for areas adjacent to the TOD and is planned to have a more significant proportion of the land use designated for commercial, office, retail, and service uses with supporting residential use. A minimum of 50% of the land use is planned for residential development at densities App. No. 2025-007 PC 12/11/2025 Page 8 slightly lower than the adjacent TOD land use designation. This land use designation will focus on walkable and bikeable connections to adjacent TOD land uses and the Transit Station. b. The establishment, maintenance, or operation of the conditional use will promote and enhance the general public welfare and will not be detrimental to or endanger the public health, safety, morals or comfort. Applicant Response: The conditional use will promote more business in the area and enhance the general public welfare because we provide security, we end events 15 minutes prior to closing time to ensure all patrons leave the premises at a timely manner. To protect the public health and safety of our patrons, OGA Madam does not serve any alcohol after 2 a.m. to any individuals that appear extremely intoxicated, if we notice such, security is our first line of intervention and are instructed to not allow individuals that appear too intoxicated or aggressive for the safety of those inside. We also provide an area to rest and water, and we also will provide or assist with calling an UBER to ensure patrons abide by law and keep them from driving while intoxicated for the safety of people on the road. City Staff Response: City Staff receive many requests for event facility venues, but these locations oftentimes require a generous amount of parking to be successful and minimize disturbances. As it exists today, Shingle Creek Center has an abundance of parking and based on the current users occupying the shopping center, City staff assumes the busiest events will be held in the off-hours for most other users in the shopping center (e.g. weekend evenings). OGA Madam Kitchen has indicated their intent to ensure any event activities remain on-site and outlines plans to provide security during scheduled events as well as for non-event nights on Fridays and Saturday. City staff requests the Applicant coordinate with City staff and the Property Owner to repair or replace an existing light pole located at the eastern end of the Subject Property building. City staff has also noted curtains located at the front entrance of the restaurant and adhesive window coverings located at the west entrance (side door). City staff requests that the Applicant ensure there is clear visibility as Section 35-6400 (Prohibited Signs) prohibits signage that obstructs any windows, doors, fire escapes, stairways, or openings intended to provide ingress or egress for any building structure, except for signs in commercial or industrial zoned properties located on the inside glass portions of windows or doors that do not cover more than 20% of any individual pane of glass. The Applicant should ensure tables and chairs and other obstructions are not blocking ingress and egress during events. The Applicant will need to ensure adequate trash pick-up is arranged depending on the number of events taking place at the location. City staff asks that the Applicant remain mindful of accumulation of trash and debris generated by the establishment. Following a review of the site, City staff noted the garbage and recycling containers were outside the designated enclosure for the building and one container was partially blocking the rear exit door for H&R Block. The Property Owner and tenants shall ensure all trash, recycling, and containers remain inside the enclosure with exception of pickup days, and do not block any exit doors or drive aisles. c. The conditional use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood. App. No. 2025-007 PC 12/11/2025 Page 9 Applicant Response: The conditional use will not be injurious to our neighboring businesses in the vicinity because we ensure our patrons stay within our venue boundaries, the lot security ensures patrons are not on any other properties. The private parking lot is shared with neighboring businesses, parking spaces available in the private lot are shared with neighboring businesses, parking spaces available in the private lot and all vehicles clear the lot prior to their operating times of surrounding businesses. City Staff Response: OGA Madam Kitchen is located within a multi-tenant retail building that is part of a shopping center. This shopping center also includes another larger multi-tenant retail building and the former Target building, which was demolished in 2025. OGA Madam Kitchen was formerly home to Jambo Africa, which relocated to a building off Freeway Boulevard. OGA Madam Kitchen is located in the same building as Lady Nails, Allstate Insurance, H&R Block, and Cavalla Travel and Accessories. Additional retail and restaurant businesses are located in the other multi- tenant retail building that makes up the other half of Shingle Creek Center. Businesses within this building include: Brothers Taqueria, ACER, Treasure Hunt Early Learning Center (anticipated to open in early 2026), Favor Creations Bridal and Events, and a laundromat. Jani-King, which provides commercial cleaning and janitorial services, is located to the South of the Subject Property off John Martin Drive, and the Hennepin County Service Center is located to the west of the Subject Property, across Shingle Creek Parkway. The Applicant intends to continue operating their restaurant, which is a permitted use within the MX-C District where the Subject Property is located; however, they would like to add events to their business model. Although there are redevelopment opportunities on the parcels located to the north (former Target site) and south properties within the City’s Opportunity Site, City staff is not necessarily concerned with negative impacts to already permitted uses within the district, nor the diminishment or impairment of property values so long as the business and any scheduled events are run in a professional manner and with consideration to those users who operate during later hours, such as Brothers Taqueria and Treasure Hunt Early Learning Center. If the Applicant is unable to comply with the outlined conditions of approval and its business practices cause negative impacts to surrounding businesses, the Applicant would be at risk of losing their ability to operate the conditional use per Section 35-7707 (Revocation) of the City Code. d. The establishment of the conditional use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district. Applicant Response: The conditional use will not impede the normal and orderly development of surrounding businesses because OGA Madam event hours of operation are outside surrounding business times of operation. Most businesses in the area operate during the day. City Staff Response: There are upcoming Capital Investment Program (CIP) and lighting and signal improvement projects proposed to take place in the next couple years for the sections of John Martin Drive running south of the Subject Property and Shingle Creek Parkway, which runs along the west of the Subject Property; however, the proposed conditional use and any business operations should not have any impact on these projects. Although there are opportunities for redevelopment to the north of the Subject Property along Shingle Creek Parkway and Summit Drive, and to the south of the Subject Property along John Martin Drive, it is not anticipated that the establishment of the conditional use will impede the normal and orderly App. No. 2025-007 PC 12/11/2025 Page 10 development and improvement of surrounding property for uses permitted in this district. City staff have been in conversations with some of the neighboring property owners regarding the potential redevelopment of the area, and City staff would communicate any potential impacts to property owners and businesses were a development proposal to come along. It should be noted that the section of John Martin Drive abutting the Subject Property is envisioned as a “main street” within the City’s Opportunity Site Master Plan; however, the plan was intended to be flexible and responsive to market conditions. Any plans to redevelop the existing multi-tenant retail building on the Subject Property would likely be far in the future as there are other vacant parcels of land available for redevelopment. e. Adequate measures have been or will be taken to provide ingress, egress, and parking so designed as to minimize traffic congestion in the public streets. Applicant Response: OGA Madam has private parking spaces for patrons and lot spaces exceed the number of patrons we accommodate. City Staff Response: The Subject Property is located within the Shingle Creek Center shopping center and was approved with 891 parking spaces. Although the majority of the parking spaces were allocated for the former Target site, which is now vacant and owned by the City’s Economic Development Authority, the Subject Property provides approximately 79 on-site parking spaces. The neighboring multi-tenant shopping center, also located within Shingle Creek Center shopping center and owned by Property Owner ACER, provides approximately 143 on-site parking spaces and, along with the Subject Property and former Target site, are party to a Reciprocal Easement Agreement (REA) which has certain common parking and access arrangements. While the Subject Property originally anticipated the restaurant space would provide 116 seats and 12 employees, and require a minimum of 64 parking spaces, the Building Official has outlined that the restaurant space has a maximum occupancy load of 109 persons. Assuming the space held 109 persons, a maximum of 55 parking spaces would be required. Although there is the chance a daytime event could result in parking spillover on the adjacent parcel owned by ACER, City staff is not necessarily concerned with nighttime events negatively impacting neighboring businesses as the Subject Property parking lot provides 79 on-site parking spaces. Given the size of the three (3) properties and their shared access and parking as outlined within the REA, there are multiple points of ingress and egress off John Martin Drive, Shingle Creek Parkway, and Summit Drive North. City staff requests that the Applicant ensure a clear drive aisle is provided along the west end of the building as City staff noted the presence of a restaurant trailer parked on-site. The 2020 Minnesota Fire Code stipulates that a minimum 20-foot fire apparatus road be provided for clear access in case of emergency, and sufficient width should be provided for garbage pickups, deliveries, etc. f. Impacts such as noise, hours of activity, and exterior lighting have been sufficiently addressed to mitigate negative impacts on nearby uses. Applicant Response: Sound engineer controls outside noise is limited as all activity happens inside during the hours of activity (9 p.m.— 01:45 a.m.) where all surrounding businesses are closed for the day. There App. No. 2025-007 PC 12/11/2025 Page 11 is adequate street lighting on the parking lot and exist areas minimizing any negative impact to nearby businesses. City Staff Response: City staff requests the Applicant, in coordination with the Property Owner, address the damaged light pole located at the eastern end of the multi-tenant building as all lighting shall be functional and maintained. City staff noted the replacement of one (1) of the three (3) total light poles located along the sidewalk fronting the building. If the other light pole, located in front of OGA Madam Kitchen is non-functional, the Property Owner will need to address it either through repair or replacement. All other wall and site lighting shall be kept functional at all times per Section 35-5400 (Exterior Lighting) and shall comply with the City’s lighting provisions. At all times, access shall be maintained and unobstructed for the drive aisle running to the west of the Subject Property building. This is to ensure adequate emergency access and passage for other businesses and their vendors, garbage haulers, etc. Depending on the frequency of events, the Applicant may require enhanced garbage pickup. City staff noted the garbage and recycling containers were located outside of their designated enclosure. Although this is a common enclosure for all tenants, City staff wanted to address it as all containers shall be kept within the enclosure with the exception of pick-up days. The Applicant noted in their submittal the desire to have live DJs in the future as part of events. The Applicant shall keep noise and sound emissions confined to the Subject Property and be cognizant of the use on neighboring properties. The Applicant shall also adhere to the maximum occupancies outlined by City staff and ensure vehicles are parked in designated on-site parking spaces. Any expansion or alteration of the requested conditional use permit may be subject to the amendment process as outlined under Section 35-7706 (Amendments). The Applicant will also need to apply for and hold a City Entertainment License and adhere to its requirements. g. The conditional use shall, in all other respects, conform to the applicable regulations of the district in which it is located. Applicant Response: The conditional use shall adhere to all city and district rules and policies and regulations respectfully. City Staff Response: City staff will continue to work with the Applicant pending approval of the requested conditional use permit to ensure compliance given the use and location of the use. As is the case with any other property in the City of Brooklyn Center, should any business operations, nuisance, or property complaints arise, the City would address these through the typical channels (e.g. code enforcement, police). If there are continued violations of an issued conditional use permit, the City would follow the outlined process for revocation under Section 35-7707 (Revocation) of the City Code. ANTICIPATED PERMITTING AND CONDITIONS Following a review of the submittal materials and the request, City staff recommend the following conditions be attached to any positive recommendation on the approval of Planning Commission Application No. 2025-007 for the Subject Property located at 6000 Shingle Creek Parkway and approval of a conditional use permit for Applicant OGA Madam Kitchen to operate a “Banquet, Conference, Event Facility” within their existing restaurant space: 1. The Applicant and Property Owner shall adhere to the provisions as outlined under Section 35-7700 (Conditional Use Permit), and shall coordinate with City staff to file a copy App. No. 2025-007 PC 12/11/2025 Page 12 of the City Council resolution approving the requested conditional use permit, along with a legal description of the Subject Property for which the permit was issued, and list of any conditions set forth by City Council as a condition of said conditional use permit. A certified copy shall be recorded by the Applicant with the Hennepin County Recorder- Registrar of Titles within 60 days of approval of said resolution. 2. Issuance of a conditional use permit is subject to all applicable codes, ordinances, and regulations. Any violation thereof may be grounds for revocation under Section 35-7707 (Revocation) of the City Code. Any expansion or alteration of the proposed use beyond that contained in the application shall require an amendment to the conditional use. 3. Maximum occupancy per Minnesota Building Code 1004.9 is 109 persons. In no case shall the total number of staff and customers within the assembly occupancy space exceed this number. 4. The Applicant shall obtain any and all permit and/or licensing approvals from Hennepin County Health, State of Minnesota, and the City of Brooklyn Center prior to use. a. The Applicant shall maintain a City of Brooklyn Center liquor license and optional 2 a.m. liquor permit as issued by the Minnesota Alcohol and Gambling Enforcement Division (AGED) for any events serving alcohol. b. The Applicant shall maintain a City of Brooklyn Center Entertainment License. 5. Any music or sound emissions shall be contained to the confines of the tenant space and shall not project beyond property lines. 6. Exterior site lighting shall be maintained and kept in operating condition outside the main (west) doors and rear (east) doors at all times and per Section 35-5400 (Exterior Lighting). Should any lighting require replacement, lighting shall comply with City Code requirements. a. Applicant shall coordinate with Property Owner to repair/replace the damaged light pole located at the east end of the Subject Property building. 7. Any outside trash disposal facilities for the use shall be contained within any on-site dumpsters, and no trash/recycling stored outside approved containers. Enhanced trash pick-up may be required dependent on use needs. 8. The west and south drive aisles shall remain free and clear for emergency access. A minimum 20-foot-wide drive aisle is required per 2020 Minnesota Fire Code. 9. There shall be no obstructions to any window, door, fire escape, stairway, or opening intended to provide ingress or egress for any building structure, except for signs in commercial or industrial zoned properties located on the inside glass portion of windows or doors that do not cover more than 20% of any individual pane of glass. Designated points of ingress/egress shall be kept clear of any obstructions (e.g. curtains, tables, chairs). 10. Flashing or rotating signs, including those located indoors and where visible from public streets, are prohibited. RECOMMENDATION City staff recommend the Planning Commission recommend City Council approval of Planning Commission Application No. 2025-007 for approval of a conditional use permit (CUP) for the Subject Property located at 6000 Shingle Creek Parkway to OGA Madam Kitchen for operation of a Banquet, Conference, and Event Facility within the existing OGA Madam Kitchen restaurant space, based on the findings of fact, and per the outlined permitting and conditions of approval. App. No. 2025-007 PC 12/11/2025 Page 13 ATTACHMENTS Exhibit A – Planning Commission Application No. 2025-007 Plans and Documents, submitted November 11, 2025. Exhibit B – Public Hearing Notice, submitted for publication in the Brooklyn Center Sun Post, and dated November 27, 2025. Business plan for conditional use permit Name: Oga Madam Kitchen Address: 6000 Shingle Creek pkwy Minneapolis MN 55430 Phone: 612-532-2823 Ownership: Arkue Aboge Oga Madam Kitchen will run private events such as private birthday celebrations, graduation gatherings, private wedding showers or private baby showers, corporate lunch and dinners etc. The private events are 21+ but our target patron for private events are 25+, events will run from the hours of 9pm to 01:45am. Oga Madam Kitchen can accommodate up to 100+ guests; there are 2 exits (1 main and 1 emergency exit). Oga Madam Kitchen will provide 2 licensed security; 1 will check IDs and monitor the inside, 2nd will monitor the parking lot and make hourly rounds to ensure our neighboring properties are not disturbed. The motivation for use in this district is because most of our patrons live in Brooklyn Center and the surrounding areas. Our guests enjoy the warm and welcoming atmosphere at Oga madam Kitchen, our guests have made suggestions to book more events, but we let them know we are working on appropriate licensing. Our guests also are customers of the restaurant open during the day and love the variety of food that Oga Madam offers. A) The conditional use will be in accordance with the city’s comprehensive plan because the venue will continue to operates as a restaurant Tuesday to Sunday 11am – 8pm, private events will run Friday and Saturday and Sunday from 9pm-01:45, private events are not rented but booked/reserved and are free of charge with food and drink packages are available for purchase. B) The conditional use will promote more business in the area, and enhance the general public welfare because we provide security, we end events 15 minutes prior to closing time to ensure all patrons leave the premises at a timely manner. To protect the public health and safety of our patrons, Oga madam does not serve any alcohol after 2am to any individuals that appear extremely intoxicated, if we notice such, Security is our first line of intervention and are instructed to not allow individuals that appear too intoxicated or aggressive for the safety of those inside, we also provide an area to rest and water and we also will provide or assist with calling and uber to ensure patron abide by law and keep them from driving while intoxicated for the safety of people on the road. Exhibit A C)The conditional use will not be injurious to our neighboring businesses in the vicinity because we ensure our patrons stay within our venue boundaries, the lot security ensures patrons are not on any other properties. The private parking lot is shared with neighboring businesses, parking spaces available in the private lot and all vehicles clear the lot prior to their operating times of surrounding businesses. D)The conditional use will not impede the normal and orderly development of surrounding businesses because Oga Madam event hours of operation are outside surrounding business times of operation. Most businesses in the area operate during the day. E)Oga madam has private parking spaces for patrons and lot spaces exceed the number of patrons we accommodate. F)Sound engineer controls outside noise is limited as all activity happens inside during the hours of activity (9pm-01:45am) where all surrounding businesses are closed for the day. There is adequate street lighting on the parking lot and exit areas minimizing any negative impact to nearby businesses. G)The conditional use shall adhere to all city and district rules and policies and regulations respectfully. H)Security is provided every Friday and Saturday for the entertainment portion of the night regardless if private events are booked or not since alcohol is served. Security is usually the last to leave the premises to make sure everyone is gone. I)Our goal is to have live djs in the future pending approval from the city. J)Oga Madam will be hosting mostly private event, but people from public are always welcome to come in, most public customers that come, only come to purchase food and are welcome to stay and eat if they wish to do so. Private events are only booked upon patron request and we will be charging an entry fee. K)Please see the attached floor plan City of brooklyn Center NOTICE OF PUBLIC HEARING Details for City of brooklyn Center NOTICE OF PUBLIC HEARING Nov 27, 2025 CITY OF BROOKLYN CENTER NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: Please take notice that the Planning Commission of the City of Brooklyn Center will hold an in-person public hearing on Thursday, December 11, 2025 at approximately 7:00 p.m. Meeting materials can be accessed by visiting the City of Brooklyn Center's website at: https://www.brooklyncentermn.gov/. A definite time for this application to be considered cannot be given as it will depend on the progression of the agenda items. TYPE OF REQUEST: Conditional Use Permit APPLICANT -- PROPERTY OWNER: OGA Madam Kitchen-- Brooklyns Cultural Village LLC PROPERTY ADDRESS -- PID: 6000 Shingle Creek Parkway, Brooklyn Center, MN 55430 -- 02-118-21-12-0014 BRIEF STATEMENT OF CONTENTS OF PETITION: The Applicant is requesting approvals to operate a multi-purpose event space within an existing restaurant at Shingle Creek Center. Upon review of the proposal, it was determined that the Applicant will require approval of a conditional use permit. Comments and questions may be forwarded to gmcintosh@brooklyncentermn.gov up until 4:30 pm on the day of the meeting, or by contacting Ginny McIntosh at (763) 569-3319. Your comments will be included in the record and addressed as part of the meeting. Alternatively, you may participate in the Planning Commission meeting via Webex at: logis.webex.com Meeting Number (Access Code): 2631 801 5656 Password: BCPC12112025 By Phone: 1 (312) 535-8110 (Enter Access Code) Auxiliary aids for persons with disabilities are available upon request at least 96 Save Share Exhibit B hours in advance. Please contact the City Clerk at (763) 569-3300 to make arrangements. Respectfully, Ginny McIntosh Planning Manager Published in the Sun Post November 27, 2025 1504343 Learn more about your privacy options App. No. 2025-008 PC 12/11/2025 Page 1 Planning Commission Report Meeting Date: December 11, 2025 Application No. 2025-008 Applicant | Property Owner: Melt City Barbering School of Craftmanship (MBSC)| Thomas C Kite Location: 6800 Humboldt Avenue North—Humboldt Shopping Center Requests: Conditional Use Permit Map 1. Subject Property Location. Requested Action Rory Purnell of Melt City Barbering School of Craftmanship (“the Applicant”) is requesting review and consideration of a proposal to open a barber school in the former space occupied by Handz-On Barber and Beauty in the far south corner of Humboldt Shopping Center. The space is approximately 1,500-square in size and the Applicant proposes the installation of 16 barber chairs, 8 sinks, two (2) washing bowl stations, an additional bathroom, a separate classroom space, and a dedicated waiting area. Upon review of the proposal, it was determined that the Applicant will require approval of a conditional use permit (CUP) assuming a most similar use of “nonresidential educational uses including Area Learning • Application Filed: 11/19/2025 • Review Period (60-day) Deadline: 01/18/2026 • Extension Declared: No • Extended Review Period Deadline: App. No. 2025-008 PC 12/11/2025 Page 2 Centers (ALC), post-secondary schools, business schools, trade schools and the like, but excluding public and private elementary and secondary schools” in the Neighborhood Mixed-Use (MX-N2) zoning district. A public hearing notice for the conditional use permit request was published in the Brooklyn Center Sun Post on November 27, 2025—refer to Exhibit B. Notifications were mailed to those physical addresses and property owners located within 350 feet of the Subject Property, and a copy of the public hearing notice was published to the City of Brooklyn Center website. A link to the public hearing notice was also published on the City’s website and sent out by email to subscribers of the City’s weekly events bulletin. Site Data: 2040 Land Use Plan: Neighborhood Mixed-Use (N-MU) Neighborhood: Firehouse Current Zoning: Neighborhood Mixed-Use 2 (MX-N2) District Site Area: Approximately 4.1 acres (Entire Humboldt Shopping Center Site) Surrounding Area: Direction 2040 Land Use Plan Zoning Existing Land Use North Neighborhood Mixed Use (N-MU) |High Density Residential (HDR) MX-N2 (Neighborhood Mixed-Use 2) | MX-N1 (Neighborhood Mixed-Use 1) |R5 (High Density Residential) Institutional | Apartments South Neighborhood Mixed Use (N-MU) R5 (High Density Residential) Apartments East Medium Density Residential (MDR) R3 (Medium Density Residential) Two or Three Family, Townhome West Neighborhood Mixed Use (N-MU) |Medium Density Residential (MDR) MX-N2 (Neighborhood Mixed-Use 2) | MX-N1 (Neighborhood Mixed-Use 1) |R5 (High Density Residential) Commercial| Apartments | Two or Three Family, Townhome Background Rory Purnell (the “Applicant”) is a Master Barber that offers vocational training, has barbered for 20 years, and obtained his Instructors License in 2019 from the Minnesota Board of Barber Examiners. The Applicant has been searching for a unit to lease for the barber school for at least a year in Brooklyn Center. Mr. Purnell originally approached City staff in October 2024 after having a conversation with Frank Gatlin, the developer for Shingle Creek Crossing, to lease a space in that shopping center; however, he was informed educational uses are not permitted in the Shingle Creek Crossing Planned Unit Development (PUD). The Applicant continued the search for a space with compatible zoning and continued conversations with Community Development staff. The Applicant worked with a business advisor with Elevate Hennepin to submit an architectural rendering and a Planning Commission application to the City for 6800 Humboldt Avenue North. City staff explained he would require approval of a conditional use permit (CUP) to proceed with the barber school. Barber shops are considered a Personal Service in the Unified Development Ordinance (UDO); however, educational uses (e.g. beauty/barber schools) are considered conditional uses in the Neighborhood Mixed Use (MX-N2) district where the Subject Property is located. Melt City Barbering School of Craftmanship (MBSC) intends to mainly offer classroom instruction, barber App. No. 2025-008 PC 12/11/2025 Page 3 training, and supervised grooming services to the public. The Applicant intends to serve the community and work with underserved populations. Image 1. Existing Conditions at 6800 Humboldt Avenue North. CONDITIONAL USE PERMIT Image 2. Proposed Layout of Melt City Barbering School of Craftmanship. Waiting Area App. No. 2025-008 PC 12/11/2025 Page 4 The Applicant provided City staff with an interior floor plan, which identifies the approximately 1,500- square foot space. There is a small entry with waiting chairs and a desk with a privacy wall separating the training space from the entry. The rest of the unit is primarily proposed for formal instruction with 16 barber training chairs with vanities and 8 wash sinks. The classroom is a separate area with 18 desks and chairs. The unit originally had one bathroom; however, an additional bathroom will be installed with ADA dimensions. A washer and dryer will also be installed at the back of the unit for the laundering of towels, etc. Parking and Lighting Humboldt Shopping Center is a traditional strip mall, mostly comprised of restaurants and general retail store traffic, with the exception of New Horizon Academy, who intends to relocate in 2026. The shopping center does not have a high traffic demand in the current iteration, and it was initially developed with an ample amount of parking spaces when it was approved in 1973. Currently, many of the restaurants do food delivery services like DoorDash, so parking is generally brief and transient in nature. The UDO does not have a standard parking calculation for “nonresidential educational uses, business schools, trade schools or Alternative Learning Centers (ALCs) and the like” so City staff has historically reviewed applications on a case-by-case basis, although the majority of the City’s education uses are for K-12 institutions. The Applicant intends to have at the maximum capacity of 16 students and 1 instructor. The proposed barber school proposes the operating hours of 8 a.m. to 8 p.m., Tuesday through Saturday. Formal instruction is from 8:30 a.m. to 10 a.m. with the hours of 10 a.m. to 5:30 p.m. set aside for students to cut hair with the general public under instructor supervision. The Applicant’s outlined hours of operation are as follows: o Tuesday to Saturday: 8:00 AM – 8:00 PM o Instruction Time : 8:30 AM – 10 :00 AM o Student training time 10:00 AM – 5:30 PM o Shop open for the instructor personal clients: 5:30 PM – 8:00 PM In consideration of the Subject Property’s location, the City’s UDO provides a calculation for multi-tenant retail centers, where no additional parking spaces beyond those allowed in the retail formula shall be required of restaurant uses, which altogether do not occupy more than 15% of the gross floor area of the center. In those instances where “Eating and Drinking” establishments exceed 15% of the gross floor area, the parking formula shall apply proportionately to the seats and employees occupying space in the center. The parking calculation under the Unified Development Ordinance (UDO) for multi-tenant retail centers is calculated based on the entire shopping center, which is approximately 40,000 square feet. It was originally approved with 280 parking spaces per Planning Commission Application No. 72032; however, it appears to have 268 on-site parking stalls as of today. Had the Humboldt Shopping Center been constructed today under the current Unified Development Ordinance, the site would’ve required a maximum of 160 on-site parking spaces. For conditional use permits, City staff asked the Applicant to address noise mitigation and traffic flow considerations with City staff to review overall compatibility with surrounding uses. Melt City’s greatest traffic flow is during the day, business is conducted indoors, and the Applicant intends to minimize any disturbances to nearby businesses and residents. The proposed barber school will likely improve foot traffic for all other businesses within the area and fill the vacancy of the former Handz on Beauty and App. No. 2025-008 PC 12/11/2025 Page 5 Barber. The Subject Property has two lighted poles over the parking lot nearest the tenant space and a wall fixture on the rear wall of the unit. City Staff is not aware of the lighting issues at night for the shopping center; however, if any site lighting, including poles and wall fixtures, are inoperable, they would require repair or replacement to comply with City Code requirements outlined under Section 35-5400 (Exterior Lighting). City staff suggest coordinating with the Property Owner regarding any specific lighting and parking lot safety needs. 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 may only be allowed in a particular zoning district after submittal of an application, review, and recommendation by the Planning Commission, and approval by the City Council. The conditional use permit process regulates: the location, magnitude, and design of conditional uses consistent with the 2040 Comprehensive Plan, and the regulations, purposes, and procedures of this Unified Development Ordinance (UDO). A conditional use permit may not be granted by the City Council unless the following criteria have been satisfied (Note: Applicant responses are derived from the business narrative documentation submitted— refer to Exhibit A): a. The conditional use will be in accordance with the general objectives, or with any specific objective, of the City’s Comprehensive Plan and this UDO. Applicant Response: The proposed use aligns with the City of Brooklyn Center’s Comprehensive Plan, which encourages local workforce development, vocational training, and business diversity. MBSC supports these goals by: • Providing career-ready training in a skilled trade that offers sustainable employment opportunities. • Promoting inclusive education for residents of all backgrounds, supporting the city’s equity and community development initiatives. • Encouraging local entrepreneurship, as many graduates pursue independent business ownership within the region. The use is consistent with the Unified Development Ordinance (UDO), as vocational schools and personal service institutions are conditionally permitted in the district, provided they contribute to economic vitality and community well-being; both of which are core to MBSC’s mission. City Staff Response: The Subject Property is located within the City’s Neighborhood Mixed-Use (MX-N2) District and is future guided as Neighborhood Mixed-Use (N-MU) under the City’s 2040 Comprehensive Plan. This zoning district and future land use designation are brand new to the City as of 2023 and 2019, respectively. The use, as proposed, is permitted within this district as a conditional use per Section 35- 4103 (Allowed Use Table). The Neighborhood Mixed-Use Future Land Use Designation under the 2040 Comprehensive Plan is guided to allow for a mix of residential, retail, and commercial/office uses, and is intended to provide neighborhood scale retail, service, and commercial uses. The 2040 Comprehensive Plan expands the City’s App. No. 2025-008 PC 12/11/2025 Page 6 previous vision for a City Center, to a “central spine” of the community, where the community can focus on creating a walkable, transit connected, and experience-based places that moves the City forward and offers new opportunities to existing and future residents. As part of that, there is this idea that the community will thrive with a more integrated land use pattern that includes areas like the Neighborhood Mixed-Use land use designation where the Subject Property is located. The 2040 Plan identifies several key nodes where neighborhood residents are better able to conveniently access local corner stores or restaurants to pick up dinner, and provide local services, restaurants, and retail opportunities in neighborhood locations. Additionally, the 2040 Plan has three major principles, one of which includes the integration of neighborhood-based services into existing neighborhoods. City staff believe the addition of a trade school/service-based business into the district advances that goal. b. The establishment, maintenance, or operation of the conditional use will promote and enhance the general public welfare and will not be detrimental to or endanger the public health, safety, morals or comfort. Applicant Response: MBSC’s establishment and operation directly enhances public welfare by offering a structured educational environment that reduces recidivism, builds professional confidence, and creates pathways to stable employment. The training curriculum emphasizes professional conduct, health and sanitation standards, and customer service, ensuring both students and clients engage in a safe, regulated environment. The school’s operations will not endanger public health or safety, as all services adhere to Minnesota Board of Barber Examiners’ regulations. The facility will be equipped with proper sanitation stations, ventilation systems, and safety protocols, meeting all state and local building codes. City Staff Response: Unlike the broader Twin Cities region, in which the population continues to age, Brooklyn Center’s population grew younger between 2000 and 2010. This is due to an increase in the number of people aged 25 to 34, many of which were starting families and having children. The 2040 Comprehensive Plan noted the median age of residents as 32.8 (2016), the 2020 US Census identified a median age of 32.4 in Brooklyn Center but the median age in Minnesota is 39. Approximately 30% of Brooklyn Center’s residents are under the age of 18. Given the prevalence of youth in the City of Brooklyn Center, which is further reflected through vocational training programs provided by BrookLynk and the Brooklyn Bridge Alliance for Youth (BBAY), City staff sees the desire and demand for additional vocational training opportunities. Skill building for city and neighboring residents and the provision of vocational and business school integration into our commercial districts should be a use that is welcomed. City Staff requests the Applicant’s adherence to any safety or public health concerns via the Minnesota Board of Barber Examiners, and the Applicant will need to work with the City’s Building Official and any other regulatory agencies to obtain any permits and inspections prior to activating the use. c. The conditional use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood. App. No. 2025-008 PC 12/11/2025 Page 7 Applicant Response: The proposed school and barbershop will complement neighboring uses and will not detract from the use or enjoyment of surrounding properties. The facility’s design and operations will maintain a professional, clean, and quiet environment. The school operates primarily during daytime and early evening hours, minimizing disturbance to nearby residences or businesses. Because the barbering services are conducted indoors, there is no excessive noise, odor, or visual impacts. MBSC’s modern, welcoming design will enhance the district’s aesthetic and may even increase local foot traffic, supporting nearby small businesses. City Staff Response: The Subject Property is adjacent to O Wow Beauty Supply, Value Foods (the largest tenant in the shopping center), and residential properties on all other sides. The purpose of the MX-N2 (Neighborhood Mixed- Use) district is to accommodate small-scale, mixed-use neighborhood activity centers with comfortable gathering places, located and scaled to provide minor/convenience services near low density residential neighborhoods, but able to coexist and not impose adverse impacts to surrounding properties. In reflecting on previous users at the Humboldt Shopping Center, there have been users that have likely had greater impacts on neighboring uses and properties than the proposed barber school. As an example, the Subject Property had several amusement centers proposed in the 1970s. Prior tenants such as Pizza Factory with an amusement center and Snacks N’ Nicks and Nacks were both approved under a Special Use Permit process. In reviewing records, the tenants provided games like air hockey, pocket billiards, and foosball and were approved to stay open as late as 12:30 A.M. The proposed barber school would operate no later than 8 p.m. for clients of the Applicant, with students leaving for the day by around 5:30 p.m. d. The establishment of the conditional use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district. Applicant Response: The establishment of MBSC will not impede the normal and orderly development of surrounding properties. On the contrary, it contributes to community revitalization by: • Activating commercial space with educational and service-oriented use. • Attract students and clients who will patronize other local businesses. • Encouraging continued development in alignment with Brooklyn Center’s goals for economic opportunity and inclusion. The school’s presence aligns with long-term plans for mixed-use and commercial vitality in the district. City Staff Response: There is currently a Capital Investment Program (CIP) project anticipated to begin in 2027 for the section of Humboldt Avenue North running adjacent to the Subject Property. The City is in its late stages of design and alterations for pedestrian enhancements and roadway improvements. City Staff requests the Applicant or Property Owner prepare any concerns (if any) to our Public Works Department regarding those upcoming changes in early 2026. As part of the project, the number of lanes will be reduced from two (2) lanes to one (1) in both directions, and improvements for pedestrian safety and comfort will be installed. The City has also been in discussions with the owner of 1500 and 1510 69th Avenue North for a mixed-use redevelopment. Although there are potential opportunities for redevelopment along Humboldt Avenue North, it is not anticipated that the establishment of the conditional use will impede the normal and orderly development and improvement of surrounding property for uses permitted in this district. App. No. 2025-008 PC 12/11/2025 Page 8 Given the age of the strip mall, it is hoped the Property Owner might be amenable to façade improvements and general capital investment (e.g. parking lot) assuming a lease up of tenant spaces in the near future. e. Adequate measures have been or will be taken to provide ingress, egress, and parking so designed as to minimize traffic congestion in the public streets. Applicant Response: Adequate ingress and egress will be provided through designated parking areas accessible from adjacent public streets. The facility layout ensures safe pedestrian and vehicle circulation, minimizing congestion, and ensuring compliance with ADA accessibility standards. MBSC anticipates a modest number of daily visitors, consisting mainly of enrolled students, instructors, and a limited number of walk-in clients for supervised haircuts. Staggered scheduling of appointments and classes will prevent parking overflow and reduce traffic impact. City Staff Response: The Subject Property has approximately 268 on-site parking spaces. At this time, and given the vacancies within the shopping center, most customers utilize the front rows of parking immediately in front of the respective tenant spaces. The shopping center is served by two full access curb cuts, which are located at the northernmost and southernmost ends of the property, and there is access for deliveries and garbage pick-up via a drive lane running along the east side of the shopping center. This drive lane provides egress directly to 69th Avenue North. The Subject Property is on the corner of the strip mall with direct access to the rear of the property. City staff requests to keep the corner clear of any cars to ensure emergency access and for proper trash collection for all the tenants. City staff also request any trash receptables utilized by the Applicant remain behind the building and out of public view. City staff do not anticipate excessive amounts of traffic or traffic congestion in city streets given the size of the overall tenant space and maximum seating arrangement (17 student seats plus 1 instructor). Depending on the Applicant’s customer base, there may be the opportunity to generate business from neighboring residents and businesses that are within walking distance. The site is convenient to portions of Brooklyn Park, as well as major highways (i.e. TH 252, Interstates 94/694, TH 100). f. Impacts such as noise, hours of activity, and exterior lighting have been sufficiently addressed to mitigate negative impacts on nearby uses. Applicant Response: MBSC’s operations have a low impact to the surrounding properties in nature. The facility will maintain the following measures to mitigate potential impacts: • Hours of Operation: Tuesday – Saturday, 8:00 a.m. to 8:00 p.m. • Noise Control: All instructional and barbering activities occur indoors; no amplified music or outdoor operations will occur. • Lighting: Exterior lighting will be designed to enhance visibility and safety while avoiding glare or light spillover onto adjacent properties. These measures ensure the school’s presence is harmonious with nearby uses and residential areas. City Staff Response: City staff does not have major concerns with respect to excessive noise given the use and intended hours of operation. As always, commercial properties located within the City of Brooklyn App. No. 2025-008 PC 12/11/2025 Page 9 Center shall comply with the lighting provisions as outlined under Section 35-5400 (Exterior Lighting). Should lighting fail to comply, the Property Owner would be subject to potential code enforcement action. As the proposed conditional use is located within an existing shopping center, there are no proposed improvements or replacements of lighting at this time. g. The conditional use shall, in all other respects, conform to the applicable regulations of the district in which it is located. Applicant Response: The proposed conditional use will conform to all applicable regulations of the zoning district, including building occupancy, signage, parking ratios, and health and safety codes. MBSC will obtain all required state licenses and city permits prior to operation. The school’s facility will feature a fully equipped barbershop, classrooms, and administrative office, all designed to meet educational standards and local building requirements. Continuous compliance with municipal codes and regular inspection protocols will be integral to our operations. City Staff Response: City staff will continue to work with the Applicant pending approval of the requested conditional use permit to ensure compliance given the use and location of the use. As is the case with any other property in the City of Brooklyn Center, should any business operations, nuisance, or property complaints arise, the City would address these through the typical channels (e.g. code enforcement, police). Building Official Review Assuming approval of the requested conditional use permit, the Applicant would need to coordinate with the Building Official to submit a building permit application, review architectural plans, make revisions as necessary, obtain Hennepin County Health Department, and obtain any necessary State plumbing approvals. The Applicant would also need to submit a Metropolitan Council SAC (Sewer Availability Charge) Determination form prior to the issuance of any permits. ANTICIPATED PERMITTING AND CONDITIONS Following a review of the submittal materials and the request, City staff recommend the following conditions be attached to any positive recommendation on the approval of Planning Commission Application No. 2025-008 for the Subject Property located at 6800 Humboldt Avenue North and approval of a conditional use permit for Applicant Melt City Barbering School of Craftmanship for “Nonresidential educational uses including Area Learning Centers (ALC), post-secondary schools, business schools, trade schools and the like, but excluding public and private elementary and secondary schools”: 1. The Applicant and Property Owner shall adhere to the provisions as outlined under Section 35- 7700 (Conditional Use Permit), and shall coordinate with City staff to file a copy of the City Council resolution approving the requested conditional use permit, along with a legal description of the Subject Property for which the permit was issued, and list of any conditions set forth by City Council as a condition of said conditional use permit. A certified copy shall be recorded by the Applicant with the Hennepin County Recorder-Registrar of Titles within 60 days of approval of said resolution. a. Issuance of a conditional use permit is subject to all applicable codes, ordinances, and regulations. Any violation thereof may be grounds for revocation under Section 35-7707 (Revocation) of the City Code. Any expansion or alteration of the proposed use beyond that contained in the application shall require an amendment to the conditional use. App. No. 2025-008 PC 12/11/2025 Page 10 2. The Applicant shall obtain and maintain any and all permit and/or licensing approvals from Minnesota Board of Barber Examiners, Hennepin County Health Department, the City of Brooklyn Center, and any other agencies prior to use. 3. The Applicant shall submit a Sign Permit Application for any proposed signage (e.g., wall, freestanding) and receive issuance of a permit prior to any installation. All signage shall conform to City requirements. Sign contractors must have a Brooklyn Center Sign Hangers License before installation. a. Signs that obstruct any window, door, fire escape, stairway, or opening intended to provide ingress or egress for any building structure, except for signs in commercial or industrial zoned properties located on the inside glass portion of windows or doors that do not cover more than 20% of any individual pane of glass, are prohibited. b. Flashing or rotating signs, including those located indoors and where visible from public streets, are prohibited. RECOMMENDATION City staff recommend the Planning Commission recommend City Council approval of Planning Commission Application No. 2025-008 for approval of a conditional use permit (CUP) for the Subject Property located at 6800 Humboldt Ave North to Melt City Barbering School of Craftmanship (MBSC) for “Nonresidential educational uses including Area Learning Centers (ALC), post-secondary schools, business schools, trade schools and the like, but excluding public and private elementary and secondary schools,” based on the findings of fact, and per the outlined conditions of approval. ATTACHMENTS Exhibit A – Planning Commission Application No. 2025-008 Plans and Documents, submitted November 11, 2025. Exhibit B – Public Hearing Notice, submitted for publication in the Brooklyn Center Sun Post, and dated November 27, 2025. Exhibit C – Review Memorandum, prepared by Building Official Dan Grinsteinner, dated December 10, 2025. Conditional Use Permit Narrative Melt City Barbering School of Craftsmanship (MBSC) Proposed Location: Humboldt Square, 6800 North Humboldt Ave, Brooklyn Center, Minnesota Introduction Melt City Barbering School of Craftsmanship (MBSC), founded by master barber and community activist Rory Purnell, is a vocational training institution dedicated to transforming lives through the art and craft of barbering. Although MBSC is newly established, Rory Purnell has successfully operated a barber shop in Minneapolis and been in his craft for over 20 years. Throughout his experience he has and continue to provide comprehensive barbering education and hands-on experience to individuals seeking new opportunities particularly those underserved by traditional education systems, including ex-convicts and individuals facing barriers to employment. The proposed relocation and operation of MBSC in Brooklyn Center will allow the school to expand its reach, increase access to vocational education, and contribute positively to the community’s economic and social fabric. The school’s operations include classroom instruction, practical barber training, and supervised grooming services for the public. a. Consistency with the City’s Comprehensive Plan and UDO The proposed use aligns with the City of Brooklyn Center’s Comprehensive Plan, which encourages local workforce development, vocational training, and business diversity. MBSC supports these goals by: •Providing career-ready training in a skilled trade that offers sustainable employment opportunities. •Promoting inclusive education for residents of all backgrounds, supporting the city’s equity and community development initiatives. •Encouraging local entrepreneurship, as many graduates pursue independent business ownership within the region. The use is consistent with th e Urban Development Ordinance (UDO), as vocational schools and personal service institutions are conditionally permitted in the district, provided they contribute to economic vitality and community well-being; both of which are core to MBSC’s mission. Exhibit A b. Promotion of Public Welfare and Safety MBSC’s establishment and operation directly enhances public welfare by offering a structured educational environment that reduces recidivism, builds professional confidence, and creates pathways to stable employment. The training curriculum emphasizes professional conduct, health and sanitation standards, and customer service, ensuring both students and clients engage in a safe, regulated environment. The school’s operations will not endanger public health or safety, as all services adhere to Minnesota Board of Barber Examiners’ regulations. The facility will be equipped with proper sanitation stations, ventilation systems, and safety protocols, meeting all state and local building codes. c. Compatibility with Adjacent Properties The proposed school and barbershop will complement neighboring uses and will not detract from the use or enjoyment of surrounding properties. The facility’s design and operations will maintain a professional, clean, and quiet environment. The school operates primarily during daytime and early evening hours, minimizing disturbance to nearby residences or businesses. Because the barbering services are conducted indoors, there is no excessive noise, odor, or visual impacts. MBSC’s modern, welcoming design will enhance the district’s aesthetic and may even increase local foot traffic, supporting nearby small businesses. d. Compatibility with Future Development The establishment of MBSC will not impede the normal and orderly development of surrounding properties. On the contrary, it contributes to community revitalization by: •Activating commercial space with educational and service-oriented use. •Attract students and clients who will patronize other local businesses. •Encouraging continued development in alignment with Brooklyn Center’s goals for economic opportunity and inclusion. The school’s presence aligns with long-term plans for mixed-use and commercial vitality in the district. e. Ingress, Egress, and Parking Adequate ingress and egress will be provided through designated parking areas accessible from adjacent public streets. The facility layout ensures safe pedestrian and vehicle circulation, minimizing congestion, and ensuring compliance with ADA accessibility standards. MBSC anticipates a modest number of daily visitors, consisting mainly of enrolled students, instructors, and a limited number of walk-in clients for supervised haircuts. Staggered scheduling of appointments and classes will prevent parking overflow and reduce traffic impact. f. Noise, Hours of Activity, and Exterior Lighting MBSC’s operations are low impact in nature. The facility will maintain the following measures to mitigate potential impacts: •Hours of Operation: Tuesday–Saturday, 8:00 a.m. to 8:00 p.m. •Noise Control: All instructional and barbering activities occur indoors; no amplified music or outdoor operations will occur. •Lighting: Exterior lighting will be designed to enhance visibility and safety while avoiding glare or light spillover onto adjacent properties. These measures ensure the school’s presence is harmonious with nearby uses and residential areas. g. Compliance with District Regulations The proposed conditional use will conform to all applicable regulations of the zoning district, including building occupancy, signage, parking ratios, and health and safety codes. MBSC will obtain all required state licenses and city permits prior to operation. The school’s facility will feature a fully equipped barbershop, classrooms, and administrative office, all designed to meet educational standards and local building requirements. Continuous compliance with municipal codes and regular inspection protocols will be integral to our operations. Conclusion and Motivation for Use Melt City Barbering School of Craftsmanship is motivated by a commitment to empower individuals through skilled trades, provide accessible education, and uplift the Brooklyn Center community through training and employment. By bridging education, entrepreneurship, and community engagement, MBSC fulfills the City’s goals for sustainable economic development and social inclusion. The proposed conditional use will not only operate responsibly within the district but also bring tangible benefits creating local jobs, providing affordable grooming services, and offering a second chance to those seeking to rebuild their lives. MBSC is h onored to partner with the City of Brooklyn Center in advancing its mission of opportunity, craftsmanship, and community pride. City of brooklyn center NOTICE OF PUBLIC HEARING Details for City of brooklyn center NOTICE OF PUBLIC HEARING Nov 27, 2025 CITY OF BROOKLYN CENTER NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: Please take notice that the Planning Commission of the City of Brooklyn Center will hold an in-person public hearing on Thursday, December 11, 2025 at approximately 7:00 p.m. Meeting materials can be accessed by visiting the City of Brooklyn Center's website at: https://www.brooklyncentermn.gov/. A definite time for this application to be considered cannot be given as it will depend on the progression of the agenda items. TYPE OF REQUEST: Conditional Use Permit APPLICANT -- PROPERTY OWNER: Rory Purnell (Melt City Barber School) -- Thomas C Kite PROPERTY ADDRESS -- PID: 6800 Humboldt Avenue North, Brooklyn Center, MN 55430 -- 36-119-21-22-0047 BRIEF STATEMENT OF CONTENTS OF PETITION: The Applicant is proposing to open an approximately 1,500-square foot barber school in the Humboldt Shopping Center. Upon review of the proposal, it was determined that the Applicant will require approval of a conditional use permit. Comments and questions may be forwarded to gmcintosh@brooklyncentermn.gov up until 4:30 pm on the day of the meeting, or by contacting Ginny McIntosh at (763) 569-3319. Your comments will be included in the record and addressed as part of the meeting. Alternatively, you may participate in the Planning Commission meeting via Webex at: logis.webex.com Meeting Number (Access Code): 2631 801 5656 Password: BCPC012112025 By Phone: 1 (312) 535-8110 (Enter Access Code) Auxiliary aids for persons with disabilities are available upon request at least 96 Save Share Exhibit B hours in advance. Please contact the City Clerk at (763) 569-3300 to make arrangements. Respectfully, Ginny McIntosh Planning Manager Published in the Sun Post November 27, 2025 1504350 Learn more about your privacy options City of Brooklyn Center | 6301 Shingle Creek Pkwy | Brooklyn Center, MN 55430-2199 | (763) 569-3300 | www.cityofbrooklyncenter.org Community Development 763-569-3300 December 10, 2025 6800 Humboldt Ave Melt City Barber School Building review comments for newly proposed Barber School to be located at 6800 Humboldt Ave. 1.Prior to a Building permit being issued. A SAC determination for the new Tenant remodel will need to be done by MET Council and SAC determination letter received. 2. Separate permits and signed plans required for Building, Mechanical, Plumbing (Plans will need to be submitted to the Department of Labor and Industry Plumbing Plan Review Department for review) Electrical & Sprinkler. The Community Development department must be contacted on all proposed signage for this building. Permits are required for all exterior signage. 3.Building plans to be submitted to the City Building Department for review. If any items need to be addressed, comments will be provided in a plan review letter addressed to the architect of record. Sincerely, Dan Grinsteinner Building Official City of Brooklyn Center 763-569-3313 Exhibit C 12/10/2025 1 Planning and the Planning Commission Application Process City Council Work Session | November 10, 2025 Ginny McIntosh, Planning Manager What is Planning and What Do Planners Do? •Urban orCity Plannersareprofessionalswhoworkto improvean entirecommunity’squality oflife. •We work with a wide range of people and groups, including: other government entities, municipal attorneys, architects, landscape architects, urban designers, civil engineers, real estate developers, land surveyors, hydrologists, GIS specialists, real estate brokers and agents, private consultants, and community members (e.g. residents, communityorganizers,businessowners,churches,schooldistricts) •In theUS:Planning emerged as a profession andpracticein theearly 1900s, although theprofession’s roots date back to the late 1800s andafter certain key events. •Rapid population growth during age of industrialization drove people to cities, but a lack in oversight resulted in slums and tenements, congestion, disorder, and the threat of disease, which demanded improvements to sanitation and overall public health through improvements to watersupply and sewage. •A century ago, urban planning and public health were near synonymous professions, with the field of urban planning serving asa way to promote health and safety of urban residents. •Once infectious disease (e.g. cholera, yellow fever, typhoid, influenza) were brought under control, planners shifted more towards addressing economic development, land use, and zoning, and public health workers focused on education and the social determinants of illness. •Early origins of planning were alsoheavily focused in architecture and social work. 2 1 2 Item 7. a 12/10/2025 2 What is Planning and What Do Planners Do? (Cont.) •Emergence of urban planning gave rise to the creation of laws called “zoning ordinances” to keep people, businesses, and incompatible land uses away from one another. Example:“EuclideanZoning”or“Exclusionary Zoning” •Became prevalent in early 1900s as a land-use regulation system designed to divide community into distinct districts for specific purposes, such as residential, commercial, and industrial. •Some have argued “Euclidean Zoning” helps protect residential areas by creating separation from incompatible uses and stability with predictable land use pattern, but critics argue it exacerbates urban sprawl, increases car dependency, limits housing supply and affordability, contributes to segregation, increases infrastructure costs, and damages the environment. •More modern approaches to zoning focus on creating more flexible and context-sensitive zoning like“form-based code”and the allowance of mixed-use zoning. •City of Brooklyn Center adopted mixed-use zoning provisions for the first time as part of the 2040 Comprehensive Plan in 2019 and adoption of new Unified Development Ordinance in 2023. 3 Urban Planning vs. Economic Development •Planners:Charged with translating what a community wants by helping shape what can be built (built environment) and how it can be used and through prioritizing long- term land use and sustainable growth •Economic Developers:Focused on improving a community’s economic well-being by creating and/or retaining jobs,courting businesses and expanding businesses, and boosting tax base, thus enhancing the quality of life for residents. •Charged with creating a climate attractive for investors and businesses and place for workers and families to flourish •Both roles contribute to developing a single, cohesive vision that integrates long- range community plans and short-term economic development goals. •At Brooklyn Center, Planning Manager and Associate Planner are partially funded by EDA and are involved in some economic activities, but not all. 4 3 4 12/10/2025 3 Review Process In Brooklyn Center,zoning requests are typically reviewed by City Councilas eithera: 1. ConceptReview(CityCouncilonly); or 2. PlanningCommissionApplication(PlanningCommissionCity Council) ConceptReviews (Planningand Zoning) City of Brooklyn Center has historically used City Council “concept reviews” to vet out certain projectson the frontend beforehavingapplicantwork throughthe full City approvalprocess. •Benefit to City staff, applicant, Planning Commission, and Council because it can save time, andmitigaterisk/fundsspent onpotential project. •Depending on scale/complexity of project, a developer can spend anywhere between $300,000-500,000 on a project prior to receiving community or city approvals (soft costs). This typically includes costs relating to preparation of engineering/architectural plans, general due diligence, environmental assessments (e.g. Phase I, Phase II), geotechnical reports, applicationpreparationfor PlanningCommission,traffic studies,etc. 5 Review Process (Cont.) ConceptReviews (Planningand Zoning) •Planning and zoning concept reviews are most often requested where a particular use isn’t clearly identified in the City’s Unified Development Ordinance or outlined as an approved use ina particular zoningdistrict. •Concept reviews are considered “non-binding”but offer an opportunity for City staff and applicant to highlight request to City Council and to receive feedback with respect to any concernsor considerations. •Even if City Council is generally not supportive of a request, this does not prevent an applicantfromproceedingthroughthe PlanningCommission process. 6 5 6 12/10/2025 4 Review Process (Cont.) Planning Commission and ApplicationProcess •City of Brooklyn Center Planning Commission consists of 7 members and is the designated planning agency advisory to City Council. •Also serve as City’s Board of Adjustments and Appeals to hear appeals and variance requests. •Primary role is to conduct public hearing on zoning requests like site and building plans, conditional and interim uses, preliminary and final plats, ordinance amendments, and re-zonings, and to make recommendations to City Council. •Planning Commission also serves variety of other functions and assists in development of City’s comprehensive plan. •A key distinction of the Planning Commission is that it holds public hearings and it does not have a designated Council liaison. 7 Review Process (Cont.) Planning Commission and ApplicationProcess •When appointing planning commissioners, cities should be aware that appointed officials are subject to same concerns relating to conflict of interest as city councilmembers. The Planning Commission is also governed by many of the same statutes as City Council, like Open Meeting Law. •Planning Commissioners are to base their decisions on adopted City Code and with the best interests of the city in mind, rather than those of a particular person or group, and are directed to objectively review (i.e. not influenced by their personal feelings or opinions when considering the facts presented)Planning Commission applications. •In order to do this, Planning Commissioners are to avoid activities that may make them appear as though they are not objective. 8 7 8 12/10/2025 5 Review Process (Cont.) Planning Commission and ApplicationProcess Prior to a publichearing,PlanningCommissionersshould avoid: •Advocating for or against a project; •Posting about a project on social media; •Publicly indicating a position on the matter; and •Contacting the applicant or neighbors •A Commissioner shall disclose if they have a financial or direct personal interest in a matter before the Planning Commission and may be required to abstain from participating in the discussion on the matter. Example:City of Roseville ousted its Planning Commission chair in 2019 because he failed to recuse himself from a public hearing after signing a petition in opposition to a project. 9 Review Process (Cont.) Planning Commission and ApplicationProcess •Applicants arerequiredto meet withCity staff prior to submittingan application. •Planning Commission applications generally operate within a 60-day timeline to meet state statute requirements. The first 30 days are generally set aside to submit application materials to outside agencies for review, other City staff,to prepare any public hearing notices for newspaper publication, mail notifications, maps, address any outstanding questionswith applicantor obtainotherdocumentation,andpreparethe staff report. •Remaining 30 days is set aside to move application through Planning Commission and City Council. 10 9 10 12/10/2025 6 Role of Planning, Zoning, and Land Use in Local Government •“Zoning authority”is part of the city’s general “police powers,” which are its ability to enact and enforce laws for the promotion and protection of the public’s health, safety, morals, and general welfare — refer to MN Statutes Sections 462.351 through 462.364 •Municipal (city) planning assists in ensuring the development of lands are to the “highest and best use” to serve citizens more effectively, to make the provision of public services less costly, and to achieve a more secure tax base. •Two main categories of zoning decisions the Planning Commission and City Council should be aware of: •(1)Legislative; and •(2)Quasi-Judicial Legislative:Broader discretion because you’re setting public policy and affect the general public (e.g. land use plans, comprehensive plans, zoning ordinances). Quasi-Judicial:Looking at application of the law to the fact, looking at established policy, and affects only a few individuals (e.g. variance, conditional use permits, plats). 11 Role of Planning, Zoning, and Land Use in Local Government (Cont.) “Findings of Fact”is a term used to refer to a city’s written explanation of a land use decision and they are critical (!)when it comes to making quasi-judicial decisions. •If a city is ever sued over a land use decision, the courts will review the record for a sufficient statement as to why the city granted or denied the request. If a city denies an application related to zoning, Minnesota’s “60-day rule”requires the reasons for the denial to be put into writing, and as a best practice, you should put them into writing for an approval as well. •When reviewing a PC Application, it is exceptionally important to make sure your reason for an approval or denial is not in conflict with your adopted codes and ordinances. Example:You deny a PC application because a proposed apartment building is considered “too dense” or “too many housing units” but your adopted zoning code allows for that many housing units. Example #2:You review a PC application to subdivide a property and you deny the application because of NIMBY-ism/neighborhood opposition only but the application met all the requirements of the City’s subdivision requirements. 12 11 12 12/10/2025 7 Role of Planning, Zoning, and Land Use in Local Government (Cont.) Examples of “Bad”Findings of Fact: •Conclusionary statements*— your resolution states a conclusion but doesn’t explain the underlying reasons or evidence.Example:“the proposed project is not in the best interest of the community.” •Lack of evidentiary support — the findings mention concerns but do not reference any specific or expert testimony from the public hearing to support them.Example:A member of the public commented that, “the installation of the new facility might disturb the root system of existing trees”andno considerationis givento theCity’sforester or a landscapearchitect. •Reliance on generalized public opposition — a zoning decision is solely made on general, unsubstantiated fears or opinions of local residents, rather than objective evidence relating to the ordinance criteria.Example:“Based on concerns raised by numerous residents regarding increased traffic and noise, the application is denied.” This is an especially poor reason if the applicant provided a traffic study showing no significant impacts and no contrary expert evidencewas presented. 13 Role of Planning, Zoning, and Land Use in Local Government (Cont.) Examples of “Bad”Findings of Fact: •Failure to address specific ordinance criteria — a city resolution must explicitly reference and apply the relevant legal standards (e.g. variance standards) to the facts of the case. Example:“the application is denied because it does not meet the standards of the city code.” This is poor because is does not cite the specific sections of the code, describe the precise defectsfound,and doesnot explain howthe applicationfails to meet them. •Inconsistent rulings without explanation — the Commission or Council denies an application based on certain facts after having approved a nearly identical application in the past, andwithout providinga reasonto reacha differentconclusion. •Stick to the facts of the application! •You can inquire or have an interest in other aspects of an application request, but these considerationsshould not carry anyweight on approval/denialof application. 14 13 14 12/10/2025 8 Role of Planning, Zoning, and Land Use in Local Government (Cont.) NeighborhoodOpposition orNIMBY-ism(“Not in My Backyard”) •Challenging issue when considering a Planning Commission application, but case law holds thatthe opinionsof neighbors should not bethe sole basisfor a particularcity action. •It is important for community members to provide information as it relates to adopted legal standards and code, but it should never be the sole reason for approving or denying an application. •“Missing Middle” legislation has resulted in a bit of a pro-YIMBY (“Yes in My Backyard”) movement that has brought together private and non-profit housing developers, religious groups, and social justice organizations. Resulting bills, which have floated through MN legislature past couple years have gained bipartisan support and would effectively end single- family zoningin Minnesota. •Bills contain provisions that would require administrative review approval process for residentialdevelopmentswithno morethan onepublicmeeting(not a publichearing). 15 Role of Planning, Zoning, and Land Use in Local Government (Cont.) •The administrative review provisions proposed under the “Missing Middle” legislation are in part targeted at avoiding situations where politics are brought into a zoning decision and NIMBY-ismmight prevail. •Supporters of the bills argue that because City Councils adopted their respective comprehensive plans and zoning codes City staff are already reviewing projects against those provisions. •Argument is that if a project meets a municipality’s regulations and doesn’t require special approvals or variances it should be approved without need to go before a City’s Planning CommissionorCity Council. •Some cities, like Rochester, Bloomington, Wayzata, Blaine,Lakeville, and Maple Grove have proactively made amendments to their zoning codes to streamline zoning approval processes by (1) limiting conditional uses, (2) allowing ADUs (Accessory Dwelling Units), and allowing for fully administrativereview(City staff reviewonly). •Some cities have seen these changes as providing a competitive advantage with respect to economicdevelopmentandincreasingvitality ofcity’s businessenvironment. 16 15 16 12/10/2025 9 Role of Planning, Zoning, and Land Use in Local Government (Cont.) •Thereare certain limits on a city’szoning authority. •US Constitution(e.g. Equal protectionsclause, dueprocess,andfirst amendment) •Federal statutory limitations (e.g. Religious Land Use and Institutionalized Persons Act or RLUIPA, FairHousingAct, andAmericanswith DisabilitiesAct or ADA) •Minnesota State Statute (e.g. protections for certain uses like group homes, common law limitationsthatprohibitarbitraryandcapriciousdecisions) •There are limits to what conditions can be placed on a permit like a conditional or interim use permit,and theymust be withinthescope of theCity’sauthority: •You cannot attempt to manage a business (e.g. employment policies, pay, insurance requirements) •Going “too far” within conditions can constitute an unconstitutional taking (and you do not want that!) 17 Role of Planning, Zoning, and Land Use in Local Government (Cont.) •If a lawsuit were to be filed following a zoning decision, the courts will review these zoning decisions to determine if they have a reasonable basis and are not unreasonable, arbitrary, or capricious (a.k.a. the “Rational Basis Test”). A court can reverse a city’s zoning decision if the reasons outlined are legally insufficient or without factual basis: •A “legally sufficient” reason is one reasonably related to the promotion of public health, safety, morals, and general welfare of a community •Decisions need to be consistent with and based on the comprehensive plan and ordinances •The specific provisions of the ordinance are to be cited in the findings of fact •The rationale for a decision must be writing and in more than a conclusionary fashion (you also can’t come up with reasons after a zoning decision has been made) •An expert is not needed to refute an expert, but reasons must be based on concrete observations and not merely fear or speculation •A municipality must base a denial or permit on something more concrete than neighborhood opposition and expressions of concern for public safety 18 17 18 12/10/2025 10 Minnesota’s “60-Day Rule” (MN Statutes Section 15.99) •There are certain triggers within the City’s Unified Development Ordinance that dictate whether or not a proposed use or development will require review by the City’s Planning Commission and City Council and if it falls under the“60-day rule”review window. •City staff tries to work through any issues with a potential user, developer, or firm prior to their submittal of a Planning Commission application. •Once a complete application is received, the City is bound by the “60-day rule,” which requires approval or denial of an application within 60 days or it is automatically approved. •“Failure of an agency to deny a request within 60 days is approval of the request. If an agency denies a request, it must state in writing the reasons for the denial at the time it denies the request.” An agency can extend the review period by up to 60 days if it provides applicant written notice and reasons for extension before end of initial 60 days. NOTE:Just because a Planning Commission application has been submitted and is being brought before the Planning Commission and City Council does not mean it has City staff’s approval and backing(!). We as staff are LEGALLY REQUIRED to bring an application through if it has been determined to be a complete application as outlined in our UDO and State Statute. 19 What Happens After a Decision is Made on a PC Application? Denial:Typically no more movement on the request, and certain zoning requests (e.g. conditional use permits)do not allow an applicant to re-submit an application for the same requestfor a periodof one(1) yearfrom dateof City Councildetermination. Approval:Most application requests (e.g. conditional use permits, site and building plans) must apply for and receive building permits or enact their use within one (1) year following approval by City Council or approval expires. Applicant can request extension in writing to zoning administratorwhichwould allow Counciloptionto extendapproval. •A Planning Commission application is considered a huge milestone, but there is a lot that City staff is required to address following an approval and before any building permits can be issuedor a useallowed for. 20 19 20 12/10/2025 11 What Happens After a Decision is Made on a PC Application? (Cont.) Typical Post-application tasks within Community Development’s Planning Division can include: •Revise Plans for Building Permit Submittal:work with development team to revise submitted architectural, civil,photometric (lighting),andlandscaping plansto complywith City Code •Revise Plats for County Filing:work with land surveyors to revise preliminary and final plats, request title commitments, City attorney review, ensure any easements are vacated via Engineering Division, and obtain any signaturespriorto Countyfiling •Obtain Signatures for Real Estate Closings:work with development team/City attorney and obtain signaturesforupcomingreal estate closingsonEDA andnon-EDAproperties •Coordination with Engineering Division:ensure Construction Management Plan is completed by project GC andany constructionescrows are collectedpriorto buildingpermit issuance •Obtain Financial Guarantees:Obtain estimated site improvement costs to determine financial guarantees forholdinginadvanceofbuildingpermit issuance •Schedule pre-construction meeting(s)—incoordinationwith BuildingOfficialandEngineering 21 What Happens After a Decision is Made on a PC Application? (Cont.) TypicalPost-application taskswithin Community Development’s PlanningDivision caninclude: •Grant Management (if applicable):processing of eligible expenses, submittal of reports to agencies, and claim vouchers to City Finance for projects that obtained grant funding (e.g. Met Council Pre- Development and Development, Hennepin County and MPCA brownfields, Hennepin County ERF, Met CouncilTBRA, DEED) •Preparation of Zoning Letters:as requested by lenders and due diligence companies in advance of real estate closingsorproject financing(constructionandpermanent financing) •Attendanceatgroundbreaking ceremonies — incoordinationwithotherCity staff, City Council,etc. TypicalProject Completion Tasks: •Attendanceatgrand-openingceremonies/celebrations •Working with developmentteam/City attorneyto file anyoutstandingagreements •Obtainproject as-builts forCity record-keeping andEngineering •Prepare/Process Financial GuaranteeReductions/Release 22 21 22 12/10/2025 12 Questions? 23 23