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HomeMy WebLinkAbout2010 02-11 PCP PLANNING COMMISSION AGENDA CITY OF BROOKLYN CENTER FEBRUARY 11, 2010 REGULAR SESSION 1. Call to Order: 7:00 p.m. 2. Roll Call 3. Approval of Minutes January 14, 2010 January 28, 2010 4. Administer Oath of Office: Carlos Morgan 5. Election of 2010 Chair 6. Election of 2010 Chair Pro Tem 7. 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. S. EDA of Brooklyn Center 2010 -002 Request for Preliminary Plat approval to combine six parcels into one parcel of land and one outlot for future development. 9. Earle Brown Tower LLP 2010 -003 Request for Special Use Permit approval to allow ITT Educational Services to operate within the CIA (Service Office) zoning district at 6120 Earle Brown Drive. 10. Discussion Items: 2030 Comprehensive Plan 11. Adjournment Application Filed on 1 -20 -10 City Council Action Should Be Taken By 3 -21 -10 (60 Days) Planning Commission Information Sheet Application No. 2010 -002 Applicant: EDA of Brooklyn Center Location: NW Quadrant of Logan and 57th Avenues North Request: Preliminary Plat The Economic Development Authority (EDA) for the City of Brooklyn Center is processing a preliminary plat to facilitate the consolidation of six lots into one 7.32 acre lot and a 0.86 acre outlot as part of the planning and marketing of this property for redevelopment. Additionally, as part of the replatting of this property, additional right of way width will be provided along 57` Avenue and Logan Avenue to assure there will be sufficient boulevard areas for future streetscape and trail /sidewalk improvements. ZONING The property is currently zoned C -2 Commerce District. COMPREHENSIVE PLAN The Land Use Element of the 2030 Comprehensive Plan Update, identified this site as a multi use district including commercial (retail business, office /service), residential (townhome and multi- family) and public and semi - public uses. EASEMENT DEDICATION The dedication of additional right of way to provide a minimum of a 20 ft. boulevard area from the back of the curb and then the ten foot standard drainage utility easement along the property lines adjoining public right of ways. This additional right of way width is consistent with the boulevard areas required for the Bass Lake Road Streetscape Improvements. EASEMENT VACATIONS As part of the replatting process, the City will be proceeding with the necessary notifications and hearings to vacate old and unused easements associated with the Northbrook Center Addition plat and the former Morgan Avenue corridor. STAFF COMMENT The preliminary plat has been sent to Hennepin County Transportation Department and the Minnesota State Highway Department for their review and comment. Additionally, a public hearing has been scheduled for this preliminary plan and notice of the 2 -11 -10 Page 1 i r Planning Commission's consideration of this matter has been published in the Brooklyn Center Sun Post. RECOMMENDATION The proposed preliminary plat appears to be in order and approval of the application is recommended subject to at least the following conditions: 1. The final plat is subject to review and approval by the City Engineer. 2. The final plat is subject to the provisions of Chapter 15 (Platting) of the City Ordinances. 3. All drainage and utility easements recommended to be vacated by the City Engineer shall be vacated by ordinance amendment prior to final plat approval. 4. All easements required by the City Engineer for drainage and utility purposes shall be executed prior to final plat approval. 2 -11 -10 Page 2 LOGISMap Output Page Page 1 of 1 e \ r 4, L J, i r f g d l ,0 � •, is c sae x 4 av 58TH AVE N 1� Y 2 w RMS LAKE R6 _... Y .` [ �y ........... . l ..... ! .... A r r � T L / / •. _ .._........ .. + f qff r tt u. �:r m•.., t ,n��is.ca�ms€nacatios�;+:;esrris :- � .� ti �..,- 1..... as39s� °° 1 http:// gis. logis. org/ LOGIS_ ArcIMS/ ims? ServiceName= bc_LOGISMap_OV &ClientVersion... 2/9/2010 PREL /M /NARY PLAT ' Northbrook /l <� l,y • ✓ PRELIMINARY PLAT GENERAL NOTES Center / %%� / ip I I SURVEYOR: OWNERIDEVELOPER: 2nd Addition NORTHBROOK CENTER 2ND ,,�� y Ifl� �I.� ,zoo��ck Lam,lSuit. 300 6301 Shingle Creek Parkway ADDITION ' I Ma ple 243505 MN 55330 Brooklyn Center, Minnesota l• r r ° � LEGAL DESCRIPTION: / / //� / y �'r' �.✓ �V� °.� I Lots 1 through 6, Block 2, Northbrook Center Addition, Hennepin County, Brooklyn Center, Minnesota / Minnesota, together with that portion of Logan Avenue North, vacated as / / rye . a 1= shown by Document No. 1710258, accruing thereto by reason of the vacation City of Brooklyn Center thereof. /// / /�S • _ —a 6101 Stu k trek -In ` Hennepin County e,od,M,mer, Mww�r Torrem Pro perty To rem Ce rtificate No. 1201107 ms s A .�' f � I DATE OF PREPARATION: // / / i� •.- .^.... •.i^,«.,' `•; ! July 29, 2009 37074+/- 3F BENCHMARK: a wwi m. f 9' ,' E Benchmark: Top Nut of the Hydrant located on the west side of Logan Ave at ---- -- - -•' � - � - ��• �I✓ � the westerly extension of the southerly R -O-W line for 58th Ave, as shown hereon , elevation :$49.30 fast (city datum) ASSOCIATES — �. EXISTING ZONING: / / / /// I •�' I � d'' .�• a'' ,+"I , t I r C2 (COMMERCE DISTRICT) PROPOSED ZONING:' /' C2 (COMMERCE DISTRICT) e� /� // / /,{ I ,r I r �.+' .i' ,._' ,y • y • y I AREA8: I In= 1 / / //��•� //� I I"j, I I _ Total Property Are = 370,648 al- square feet or 8.49.1- acres _ I t o w�� Rdltl ecaon Area = 1 4. 64 s/. wra f a D.3 a1- re N f roperly Area = 35� . s q ` .�` _ — 00 s wre set or 8. 6 acres + I PROPOSED BUILDING SETBACKS: BLOCK 1 / '� 7 -, yJ / •''' �! I r I p �^ Ft = 3b Fee .I� (c /.. �� j /�+ \\ `\ '( I y, I I,• �y y .^ y ,!.✓ ye$ / Side orner) = Feet /' ;;;' /�, �f I / I I e✓' I Side (Interior) = 10 FeI Rear Rr = 40 Fet / �• ' •` y �•'' +' ,y ,y y I k - FLOOD ZONE DESIGNATION: } � _s_ I • I s = =- This pro party re is contained In zone x aa determined to be outside the 2.0 I I LOT � I P � "•"'f" °� _ � annual chance oadplaln) par flood Imurence Rate Map, Community Pawl I 31910+/- SF I r I g No. 27053CO216E, effective date of September 2 2004. y y\ .y I 7.32 + /- Ac I sag•01'54 � / /// �, • �I I _ I * .� • y jj, I 0.25 / / �r — « « « «-/ 4 « ".� ", �� 0 50 100 i •,�i / j�,�/ I = - L - - - - - -- ' y ,� Nome ec4u D+ year 9u I // �%" �••I �.; i "`` , y,sT- ,:...._...,�..._ II ' ^I — — — — — — — — — au _� sisal /r H + '// r/ � ik s "+.y � `1 Y � I! ;' I L?, . .. "'�:.I =' I� mica .m m ,�, i ". o mr,ema ri s. .wvnias mr.• / ✓ ,a I �� \ r�i y,, ;+' y "s Ii asb,.e« e.e I r -�-� - - - - t y� SURVEY LEGEND - EXISTING CONDITIONS l ' � •�' •y \ \ I / � \ I � _ � � • M acn a�va saw stwra ; a � l ` y \ •, ', r — — y — — ��I I / , \ I I \ va .« ° I p sw" w.a� —. —s anwr awe m / \ �' 1 `� I \ �'•` ,�, � ii" 2 '! \ i I O war— ­r _ _ _ �,• •r , i :i y \ I I YT I;i --` :- ! , e ''' •"' I , �. ► I o —we — uaaanao ass —_ " '.T:. V «r .,.,°, _ .y \ n � w� M , �� I � � N GTE WL�4 -« — IM�Ie1D RE➢1gK r+i � Sla, r � - • J - T p 1[LL»4E ,w. — dFANFAD URfIY P _ "" tii %: - 1 d1J 1 1� .i' y I roses roc aw+ rvxc --- -- -- ---- Plat ary 'T°�G,- �-,�_, II «�; - ii - O• Et : _ a relimin uen rasc maceEtE Mee 4 14.99 5 4Q. sa+ tmxcaEn _ " u � ci+�. ao % k '1'. su 4ef n£MTRMI \�r� �CONIOUR yeas. ba o,i,c Mt. am ✓Mrt, r.o.. X127" .— :mac - - - -1.. s_ y �y • a.r e.o.e 09032 ......_., ---- - - - - -� ------ - - - - -- �� "dC�;.r= "� 1 Of 1 Hennepin County Transportation Department 1600 Prairie Drive 612- 596 -0300, Phone Medina, MN 55340 -5421 763 - 478 -4000, FAX H 763- 478 -4030, TD D www.hennepin.us Mr. Bruce Johnson, Engineering Technician Supervisor January 29, 2010 City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 -2199 Re: Preliminary Plat— Northbrook Center 2 " Addition TH -100 / CSAH -10 (57` Avenue) — Northeastern quadrant Hennepin County Plat Review No. 3173 Dear Mr. Johnson: Minnesota Statutes 505,02, 505.03, and 462.358, Plats and Surveys, allow up to 30 days for county review of preliminary plats abutting county roads. County staff has discussed this development with you and it is our understanding that this action is being taken to facilitate future redevelopment of the parcels. The county Plat Review Committee examined the proposal at their regular weekly meeting on January 27` It is readily apparent that the details regarding roadway geometries and site access will need to wait until the redevelopment configuration is known. When redevelopment becomes imminent, we would like to discuss the following items with the city: Right -of -Way / Easements • The roadway right -of -way varies considerably in this area, somewhat due to the proximity of the interchange right -of -way near TH -100 in combination with the frontage road connection to the south (Lilac Drive). • It does not appear that additional right -of -way dedications will be necessary, however future trail or highway easements may be needed to facilitate items such as sidewalks, boulevards, trails, streetscaping elements, turn lanes, channelization, etc. • CSAH -10 is designated as a bikeway in the Hennepin County Bicycle Transportation Plan and the Three Rivers Regional Park District Master Plan. Further discussion with the city and the park district will be needed to determine the configuration of bicycle accommodations in this area. Future Roadway Configuration • Traffic volumes on CSAH -10 are anticipated to remain in the 10,000- 15,000 vehicles per day over the long term, so it would initially appear that the existing 4 -lanes on CSAH -10 would be adequate. However when the site redevelops, some reconfiguration may be desired to obtain turn lanes or other geometric improvements. • Normally it would be our preference that access to the property be oriented to Logan Avenue since the presence of the existing signal would provide better ingress /egress. CSAH -10 changes its functional classification in this area from a minor arterial west of TH -100 to a major collector street east of TH -100. As a collector street, county access spacing guidelines allow closer access spacing. In addition, there are constraints such as existing utility easements that may make it difficult to direct all access to Logan Avenue. • There is approximately 800 -900 feet of property frontage on CSAH -10, and a centralized access off CSAH -10 might make sense. The intersection with Lilac Drive is almost at the midpoint between the TH -100 ramps and Logan Avenue, and this is the probable location for an access to the north. Thank -you for the opportunity to review the preliminary plat. Further comments or discussion can be directed to Bob Byers at (612) 596 -0354. Sincerely, James N. Grube, P.E. Director of Transportation and County Engineer JNG /rqb cc: Plat Review Committee — Byers / Drager / Fackler / Holtz / Lemke / Lindgren / Neby / Peterson Gary Wojahn, Hennepin County Survey Office Tod Sherman, Mn /DOT Planning Supervisor An Equal Opportunity Employer Recycled Paper MEMORANDUM DATE: February 9, 2010 TO: Gary Eitel, Community Development Director FROM: Bruce Johnson, Engineering Technician Supervisor SUBJECT: Preliminary Plat Plan Review — Northbrook Center 2 nd Addition Public Works Department staff reviewed the following preliminary documents submitted for p g p rY review for the proposed Northbrook Center 2 ❑d Addition plat, preliminary plat review dated July 29, 2009 and have the following comments: 1. Vacate all existing underlying easements. 2. The 30 foot easement shown on the west line abutting TH 100 is an underlying city frontage road easement. The City is currently verifying to determine if this easement has been vacated. If not, this easement should be vacated. 3. The proposed subdivision plat is located adjacent to Minnesota Department of Transp ortation Mn/DOT h right-of-way. Minnesota Statutes require that the P � ) g Y g Y City submit the plat to the Department of Transportation for written comments and recommendations. The plat has been sent to Mn/DOT for their review but a response has not yet been received. 4. The site development plans and utility relocations must be reviewed and coordinated with Xcel Energy, CenterPoint Energy, Qwest Communications and other private utility companies prior to final plat application, vacation of easements and/or approval of any site modifications. 5. The proposed subdivision plat is located adjacent to Hennepin county right -of -way. Minnesota Statutes require that the City submit the plat to the county for written comments and recommendations. Hennepin County comments and requirements are attached. 6. A cross - access agreement between Lot 1 and Outlot A is recommended in connection with final site development. I PRELIMINARY PLAT- Northbrook PRELIMINARY PLAT GENERAL NOTES Center SURVEYOR: OWNERIDEVELOPER: ?Rd AddlllOrl Loucks Associates, Inc. City Brooklyn Center NORTHBROOK CENTER 2ND S i I I � 7200 Hemlock Lane, Suite 300 6301 Shingle Creek Parkway Maple Grove, MN 55330 Brooklyn Center, Minnesota 7634243505 ADDITION I I LEGAL DESCRIPTION: 7� Atinr3esota Lots 1 through 6, frock T, Northbrook Center Addition, Hennepin County, Brooklyn Carter, � Minnesota, together with that portion of Logan Avenue North, vacated as . shown by Document No. 1740258, accruing thereto by reason of the vacation City of B Cemer tiAry� ig thereof. 6301 SN Caxa, AYnncvn Hennepin County IA ur{ I Torrens Property — t vROVOSm xwuiEO wwwcE uw un— —o- i$ - I Torrens Certificate No. 1201107 u — Outlot A $ I DATE OF PREPARATION: `�PROPOSm DRNNWE VKATgN I I July 29, 2009 L � RROwsco ocolaiwN ar Locw Aw l i 37,074 * /- SF.r.....rs 0.85 + /- Ac Benchmark: Top Nut BENCHMARK: 7i sEO oEacRnaN or sm3 ac - '" =:�E' 1 of the Hydrant located on the west side of Logan Ave at O PROPO - -• E "tip 2y8'e the westerly extension of the southerly R -0 -W line for 58th Ave, as shown - -- — - - - - - -- - - -- - - - - - T / / /f hereon, elevation = 849.30 feet (city datum) — IXISiwG ELECTRIC Unlll'! E SEYFM ASSOCIATES EXISTING ZONING:�� C2 (COMMERCE DISTRICT) PROPOSED ZONING: , C2 (COMMERCE DISTRICT) ijk .� f i AREAS� Total Property Area = 370,648 + /- square feet or 8.49 + /- acres 2 1 ht of p dication Area = 1 / sauare ffe) or (),33 +l acres, Net PropeArea= 36�b +, square feet or 8.16 +1 - acres �! I x emza.�•T.oNU,.�ax PROPOSED BUILDING SETBACKS: otie• �; ' 1; BLOCK 1 ;° I Front = 35 Feet 'u �^�, 1: Side (Corner) = 25 Feet I I SY Side (interior) = /0 Feet y , o Rear = 40 Fee[ d Y FLOOD ZONE DESIGNATION: This property is contained in Zone X (area determined to be outside the 2.0 LOT t annual chance floodplain) perflood Insurance Rate Map, Community Panel 319,210 + / - SF . \ No. 27053CO216E, effective date of September 2, 2004. 7.32 -/- Ac 589'01'59 -E v �. 0.25 o so loo ..a N ORTH SCALE IN FEET ALL 61W �' • .•� ;� r i!z wa x N ixw ,xw —R auiwr sr. YnAYrxT raw0 YRYao •w.s x /nn r 1 {{{{ I., I • oExons arrre xE n•r ww SURVEY LEGEND - EXISTING CONDITIONS � I cocn eASw sroRY sEV,m I, I ��$ � - O O� sroau wxxoLE swrtur...R / fl I S I YHfIAV WNHOLE WATER WIN 9IOxx nR6: Nur♦ r.Q YEMS nRE w S >J. / , `` vnT�b I I wA�f NOLE uranOERCROUrocrRlC J8• %� -_ W 0 �.' I are vuvE uwERCROUNn TELmxarc s~ 1 r _ - =k - - - -- - iELEPWNE PEDE [�MYN� ��TM 1 J ` , mlll�' — — -- -•. + —_ - -!/ I ..o UWTRPOUE CONCRETE RM �S�MR� SY•Y' t "+91n t 214.98 57TH av FN� NORTH �, CONCRE E CORE d e'33 SPOT EIFIATbN CMTOOR ,jq u q ox M Mr - - - - - - - - - - ;82.5o�r6•e R�Y �.55'n•w 299.x6 a R.al r..a 0903 — 1 Of 1 r * - I vi e • , . r 1 ( Fc ) rr r� _ _ J k 1950's and 1960's 8.5 -acre site is initially developed . Initial uses included: Northbrook Shopping Center Original Pilgrim Cleaners Dry I• ' Cleaner Service Stations ` 1980's A I1 1F'. .a Dry cleaner ceases operations i April 1992 Petroleum impacts discovered at depth near the south end of the property h Histo _ m om ._ .. .: April 1996 MCPA closes the site with regard to the - petroleum spills from the k former Bill West Service 4 I _ ,n Center and the former Gulf Oil Station. a . 2000 Site is purchased by . Hmon g - American Shopping Center 2001 Site Owner approaches City with redevelopment plan 2003 Phase I ESA completed by Earth Tech funded by EPA through Hennepin County Potential sources of contamination F . identified with dry cleaner and service stations ' Y J x 2004 ` r ` Phase II ESA completed by Barr Engineering, funded by Hennepin County Petroleum impacts detected near service stations Dry cleaning solvents detected on northern portion of property 2005 Northbrook Site Task Force recommends site redevelopment r � EDA acquires site through eminent domain July 2005 EDA takes possession of site and enrolls it in MPCA VIC program with regard to dry cleaning solvent impacts Remaining petroleum impacts to be managed with a DRAP during site redevelopment -� November 2005 Building demolition tank removal and site clearance completed 1 f so A. a Ifs' egg'.20172 .. ... T 683476 O e� 629 t 26 WP SB2626 ip Summer /Fall 2005 Tetra Tech is hired by EDA to complete environmental site assessment Minor petroleum and dry cleaner solvent impacts are found in soil on site Dry cleaner solvents (PCE and TCE) are found in groundwater on -site and in a narrow plume extending off -site to the southeast MPCA requires soil vapor sampling as part of new vapor intrusion program Elevated PCE and TCE concentrations are found in soil vapor samples above off -site groundwater plume ■ February 2006 Phase II Summary Report completed by Tetra Tech Additional assessment recommended for off -site groundwater and soil vapor due to MPCA vapor intrusion concerns ® Volatile organic compounds (VOCs): Vapor Intrusion into a Structure Emitted as gases from certain solids or liquids VOCs include a variety of chemicals, including PCE, the chemical most "'dos` Z°"` widely used in dry cleaning Ltiffiflrso:: ' - - - - -- 0 Vapor intrusion occcurs when: VOCs enter into homes through VOC Contaminated cracks in the foundation Vapors from Groundwater Contaminated Groundwater Migrate into Structures i Can become trapped in buildings with little air -flow JAM Aft Summer -Fall 2006 - Additional groundwater assessment completed Concentrations indicate steady or decreasing contamination levels MPCA indicates need for sub -slab vapor sampling During 2006, 8 Geoprobe borings were completed on -site to assess the soil vapor plume Highest concentrations were found under the northern portion of the former drycleaner 4w October 2006 Public meeting with MDH and MPCA held to address environmental concerns and ask for volunteers for sub -slab analyses Approximately 11 households present at meeting 2 volunteers for sub -slab testing Continue 0 __ gati ..... . . . . . . . . . . Fall 2006 — Spring 2007 a Soil vapor and groundwater assessment is expanded in residential area southeast of site •-� ' • o to determine the extent of ,} Redevdognenl • . .- • .. E i m pacted 5Sib area =a Some exceedances of . , groundwater and soil vapor rmun • E ^ • o m • „ •„ � screening levels observed •" ' a Fall 2007 i 15 Geoprobe borings completed to assess the soil vapor plume off -site Results indicate a need for additional sub -slab vapor sampling r F r V s, ......._ March 27, 2008 Public meeting held with MPCA, MDH, and residents in investigation area to inform all interested parties of site status and to solicit sub -slab vapor sampling volunteers 35 property owners volunteer for sub -slab testing and 15 are selected for initial screening April — July 2008 Groundwater receptor survey of 359 properties completed Sub -Slab sampling is completed on original 15 properties plus 5 additional properties by Tetra Tech AECOM (MPCA contractor) completes seven additional sub - slab tests f � Results Non - detect for PCE and TCE at 12 of the 27 sub -slab sampling locations PCE or TCE sub -slab screening levels exceeded at 5 locations 3 of 4 indoor air samples were non - detect for PCE and TCE Additional assessment responsibility is turned over to MPCA r J�1 EDA has obtained No Association Determination and will p ursue No Further Action letters for soil and groundwater. f The MPCA has taken responsibility for on -going soil vapor and groundwater assessment and has primary responsibility for remedial actions Remediation of individual homes is underway, as needed A temporary Soil Vapor Extraction (SVE) system has been installed by the MPCA near the former dry cleaner location and may run for up to two years Application Filed on 1 -21 -10 City Council Action Should Be Taken By 3 -22 -10 (60 Days) Planning Commission Information Sheet Application No. 2010 -003 Applicant: Earle Brown Tower, LLP Location: 6120 Earle Brown Drive Request: Special Use Permit The applicant, Michael Koch on behalf of Earle Brown Tower LLP, is requesting a special use permit to allow ITT Education Service, Inc., a private college /technical institute, to do business at 6120 Earle Brown Drive. The information provided by the applicant indicates that the ITT Technical Institute provides studies that blend traditional academic content with applied learning concepts with a significant portion devoted to practical study in the following areas: • School of Information Technology • School of Drafting and Design • School of Electronic Technology • School of Business • School of Criminal Justice • School of Health Services ZONING The property is zoned C -1A Service /Office District (No Height Limitation), which includes the following uses as a special use: Section 35 -320, Subdivision 3(d) Non - residential education 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 (K -12). In 2002, the City established a CC (Central Overlay District) which included the City's central commerce area (Brookdale area, Opportunity Site area), and all properties lying south of 694, west of Hwy 100 and east of Shingle Creek Parkway. Attached is a copy of the ordinance and map which identified the location of the Earle Brown Towers site within the deferred CC Overlay District. COMPLIANCE FOR STANDARDS FOR SPECIAL USE PERMITS Attached are the responses to the following five questions which must be satisfied to consider the issuance of a Special Use Permit (Section 35 -220, Subdivision 2): 2 -11 -10 Page 1 r a. The establishment, maintenance or operation of the special use will promote and enhance the general public welfare and will not be detrimental to or endanger the public health, safety, morals or comfort. b. The special 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. c. The establishment of the special use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district. d. 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. e. The special use shall, in all other respects, conform to the applicable regulations of the district in which it is located. BACKGROUND INFORMATION A review of the building file indicates that the Earle Brown Towers office building was constructed in 1974 and that previous uses included the Minnesota School of Business in the early 1990's and the National American University (1999- 2009). RECOMMENDATION It is the opinion of staff that the standards for a special use permit to operate a private college /technical institute have been satisfactorily addressed. It is recommended that the application be approved subject to the following conditions: 1. This special use permit is subject to all applicable codes, ordinances and regulations. Any violation, thereof, may be grounds for revocation. 2. Tenant improvement plans are subject to review and approval by the Building Official and Fire Chief with respect to applicable codes through the building and occupancy permit process. 3. Any expansion or major alteration to the use shall be subject to an amendment to this special use permit. 2 -11 -10 Page 2 LOGISMap Output Page Page 1 of 1 ti �. K •;;;;` Ge ntralPark a Gra ndviaw Park T � 1- _ . inja 1. Creek Trali , k • ti - � Y^ _ v Y Ce rbrook GplPoourse r _ ..1x .. esxfa:n nr.4. +S Ci�r NriC:tCrGS tats 20.�5 •- ,, ., ,. .r, :.. �., ✓. ^ �.•,; h ttp://gis.logis.org/LOGIS ArcIMS/ ims? Service bc_LOGISMap_OV &ClientVersion... 2/9/2010 CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 14th day of June 2004 at 7:00 p.m. or as soon thereafter as the matter may be heard at the City Hall, 6301 Shingle Creek Parkway, to consider an Ordinance Amending Chapter 35 of the City Ordinances of the City of Brooklyn Center Regarding Allowable Uses in The CC Central Commerce Overlay District. Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please contact the Deputy City Clerk at 763 -569 -3300 to make arrangements. ORDINANCE NO. 2004-10 AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES OF THE CITY OF BROOKLYN CENTER REGARDING ALLOWABLE USES IN THE CC CENTRAL COMMERCE OVERLAY DISTRICT THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Section 35 -2240 of the City Ordinances of the City of Brooklyn Center is hereby amended to read: Section 15-99-40. CC CENTRAL COMMERCE OVERLAY DISTRICT. 1. Land may be designated as being within the CC Central Commerce Overlay District by city ordinance. Land use within any area so designated shall comply with the regulations of this section in addition to all regulations applicable to the underlying land use district established in Sections 35 -300 through 35 -331 of this Code and other regulations as applicable. 2. [Joses ailm in the widerivin,� tared i,ts' dis1.1 The following uses are allowed in the CC Central Commerce Overlay District: lexcepi as pros+'ided in t:hi4 se l'-Al on] a" Finance, i n�urancP,] ° ^1 e� ate and investm .nom- b M edical ,metal, __ QStenpntbir, rl diapracli - c — and on tometric offic Thift compounding, d��p eneln, nr Sale (fit r�taiL n� f dnigs nr .rintin� i ems, natrnt er pronri a me s ick room si42 lied pros ht to �c devine,C or items relating to an; of the foregoing when conducted in the h„ilrlinj occunrdnri Y by m .di . 1- de ntal, ost ,9thic, chiropractic or optometric offices- r, Th fob llowing offi .. us .s- 1 T .Pgal ORDINANCE NO. 2004-10 71 Fnginecring and architerbiral 31 Educational ands .ien ifi . research (.x .h�din lahnrat�ry faciliti�sl 4) Accmmtin_g a�iting and bookkeeping 5) An urban n lanni%v , s g=4 d Re au and harbrz s ervices P F► meral and cremator; service f Photographi services_ g —A nnarel r pralrr, 2 1terati o n and cleaning pickup s tations ehnP_ r�ir- h Adv ert sin offices nrnvi� coed that the fahriration of signs shall not he a p rmi d use.. i C'.nz►snmer aid m ercantile credit renoriing Istment and cone .tc inn service offices_ p mailing and stenogv3p hir service offices_ k FMplo =ent agency office 1 Ri�sinPSS Pi nt nnaultant ofEMI m D etective and protP tive agent y offices Governmental offer i' Business associ tion, signal memh er�h�n or amens, 1 how r i�nin civic, social and fraternal assn iation o ices_ a Financial instithltions including, but not liniit�d ttcl, fiill service hanks and saving and loan assnMinns_ r Dro rh ilrl car . .enters licensed by T��innesota 17enartment cf Puhlic Wel fare nurs iant to a valid license a nli ion, nro id f ., c i th a co py of said license 2nd application shall he submitted annually to re C i�v. c Teasing office; provided there is no s torage or disnl�Y oft rodncts nn the nse si +� a ORDINANCE NO. 2004 -10 t Li anda o r ti danci_n� and th lik .and 11 Tmtnirtinnai uses for a rt,mllsl ,_ ThntnQr nh y, der, -� studios for like ac ivity_ atinna nR1 sc hoo trade schools v Fdnc 1 plea including nest secondarv��.h. � and the like, but excluding rnihlic n elementary and secondary schools_ OL w The retail sal of food_ x F y Convenience -food r ecta rr nt s, pro vided thhcy do not a hut an R 1 R? o R i coning district inclu abutment at a non major thomughfar s r et line_ 7 _ Rating estahlishmenLs- oa riT- cg live ell ter�ainment user mot__ i� nn and amLSement n lac� such as motion picture th t .rs and legiti theateLY�no s ^r .pas ho�x'ling alb slat na riliks and . )�mn�, ind ey n nt rs r ntin sn to indivi for meetings, rPC�ntions, events, gath rings- trade sho s?mmars and enterta all Drovided tiev do not it n R 1, R7. n r R �.oning dis rict in .ludin utment at a non - major thorrnL} far s� tree line_ as The retail sale of heatingv nci nlprr;hing equin�n .nt, -z aid —t ass, and �'alln electrical supplies and huilding supplies hh The retail sale of tires h i tens and automobile accessories and marine_craft accessories_ cc Th retail sales of annarhand related acces sories_ dd The retail sale of fiirnitnre, home fi�rnishings and related eanin_ Ile The retail sale of miscellaneous items such as the followingg ]_l nriLs an( 4 4 ,ropriata ite_m_C ?,) T,iauors 51 Antiq= a nd s=m d hand merchandise 41 Rooks and stationery 5) (Tarde, n supplteS 6) Tewelry. 7) Fln �x�ers and floral a .ecc ss�ries $1 C'La and cig ra –ettes ORDINANCE NO. 2004 -10 9) N PSnane� . and maga?ineS 10) Came rac n hctn� anh�nnl?e- 1 1) Cliffs, env "lties and -. nuvenirs i4—T-elts 11) opdca4oads 14) Sporting goods and bicycle.- ff The ses 1) F,lectric3L=.pair service shops, _Hrnimehe1d�ppliancee, electrical mi1r a itlg and nlu eTin '�) Rad and television rep air service mh y Qps. 4) Wa ts11, clerk and tP�x'Plry repa service ghap& 5) laundering, dry dp gnirL and r - y&ing. 99 CTasoline service mtati�nm (see Section mol vehicle repair and ante x ash .q, trailer and tnink rental in cnnT�m tion with theca nse� Provided that there is adequat "liaTkingmace availahle for theca vPhir.'Lc& hh_ The nip. or von in at gasoline service crarions of items ether th ^n feels, luhri .an m or arrtomo ive Tarry and accessories (and ether than the von ing of s rarer cig arettes and nth r in idental items within he Drincipal building) nrT vid?d adea»- ate- na�long �s ava�lahle con_sis ant with the Section 'A5- 7(14,2 and (,l_ - ii Transie in¢ p r ,nl;r trancnnrtatien terminals (excluding tnick term kk Ten s cliihs, r acket and swim �l�ihs and ether athletic clubs health spas and suntan Audios - 11 Grreun dam care facilities nrev ide d .velen ntC in e ach s' as _ are flamnnctra e he. 1) co m Tatihl existirtg_a_djacent 1 ' ^'1 as wi h those is s permitted in the C? district generally_ �) C'nr�plimentar; to existino_arliacent land nines as well ac .xnth those uses permitted in the C district generally_ r �) Of c omparable intensity to p rmitted C district land Imes wit resp2ct to a i vi level-,_ ORDINANCE NO. 2004-10 4) Planned and de signed t. accure th gen .rated traffi will he within the .an^ .ity of available public facilities and will not have. an adverse imDaa anon hose facilities, th immedia neighhorhood the community_ 5) Traf generated by other uses on the site will not pose adanger to children served by the a_y rare use. Furthermore care f .ilitiec shall h su 'ect to th�sn�e rPqniremeTltS set forth in Section 35 -412 mm_ Puhlin rar s pl u ygrounds,�thl tic fields and other recreation and n ep_n_ sTarP. uses nn Accessory rises, incide to the foregoi i g nrinr the same J)rQp ity with the use to which it is a ..essor Such acce�S�ry uses to include but not be restricted to the following-- 11 Offstreet narking and offstreet loading. 7) igns as r entiitted in the Brooklyn Center Sign Ordinance_ 3) O u tside. display nd calf o f m r handise provided that an administrative Dermit is first obtained pursuant to Section 35 - 900 of these ordinances_ 4L Retail food shoes gift shops —book and stationery Shops tobacco shot accessory eating establishments, sal .a servir, of office—.supply eeau.nmen newsstands and similar accessory retail shops within multistory offic huildin s over 40,000 sa_ft in oJoss floor area,T rovided that there is nr1 associated signery visible from the exterior of the building; there is no corny- out or deliye i food fmm the lot; an the total floor area of all such shops within a h uilding shall not exceed 10% of the total gross floor area of the building- 00— Accessory off-site narking not located on the same property, with the Orin .i us su 'ert to the provisions of Section 35 - 701 _ pn Other uses si**+i in natnrP to the aforementioned uses, as determined by the C itv Council- 3. The following uses are sn ..if .ally not permitted in the CC Central Commerce Overlay District: a. sauna establishments ORDINANCE NO. 2004-10 b. massage establishments C. currency exchanges d. pawn shops e. secondhand goods dealers 4. The following area is hereby established as being within the CC Central Commerce Overlay District: The CC Central Commerce Overlay District is located within the area bounded by a continuous line beginning at a point located at the intersection of John Martin Drive and T.H. 100 and going southwesterly along the centerline of T.H. 100 to its intersection with Brooklyn Boulevard; thence northerly along the easterly right -of -way line of Brooklyn Boulevard to a point located approximately 445' northerly of its intersection with County Road No. 10; thence east along an extended line made up of the south boundary lines of the plats for Grimes 2 nd Addition, Hipp's 4 th Addition and Hipp's 5 Addition, Hennepin County, continued to the nent erline of Shingle Creek [3' try z <; ]; thence northerly along the centerline [east riul f %va l r1c] of Shingle Creek [(' a) -111e r)ordl botinc,lry 11 cli` #.11e 171x1 iiC1 E3y()(,lkdLlle ; q Uare :�d.ali.icul, I l.el: girl ( :o1.t111V] to the nt rlin of T -94 thence easterly along said line [Io 111: I i7t: otart:irl I :3k i� c r: i1t -s i =ti �° ling] to he centerline o lunibDlclt Avenue North- the nce southe to th e c-nterfine of I.H. thence [soullierl ] so thw s rlv to the point of the beginning. Section 2. This ordinance shall become effective after adoption and upon thirty days following its legal publication. Adopted this 14 day of June, 2004 Mayor ATTEST: _, City Clerk Date of Publication: June 24, 2004 Effective Date: July 24, 2004 (Brackets indicate matter to be deleted, underline indicates new matter.) ■ ' 'i4 City BROOKLYN CE.N TER Standards for Special Use Permits Section 35 -220. SPECIAL USE PERMITS. Special uses are those which may be required for the public welfare in a given district but which are, in some respects, incompatible with the permitted uses in the district. Before a building or premises is devoted to any use classified as a special use by this ordinance, a special use permit must be granted by the City Council. 2. Standards for SDecial Use Perini s A special use permit may be granted by the City Council after demonstration by evidence that all of the following are met: a. The establishment, maintenance or operation of the special use will promote and enhance the general public welfare and will not be detrimental to or endanger the public health, safety, morals or comfort. The proposed use is for a post secondary educational institution that will provide technology oriented degree programs to help residents of Brooklyn Center develop skills and gain knowledge necessary to pursue career opportunities in a variety of areas. Programs include degrees in the areas of Information Technology, Drafting and Design, Criminal justice, Electronics Technology, Business Accounting and Administration and Health Sciences. The general public welfare would be enhanced by providing opportunities for job training and educational services to the citizens of Brooklyn Center and would provide a more educated labor force for employers in the Brooklyn Center area. Please see the attached 'Description of Proposed Use "for more detailed information. b. The special use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood. The proposed use would be identical to the previous use of the first and second floor space at Earle Brown Tower. Previously, National American University used the same space to provide post secondary educational services. Traffic is expected to be the same as the previous use. Since purchasing the building in December 2000, we have received no complaints from neighbors or adjacent property owners and National American University has been a tenant and engaged in a similar use for the entire time. Earle Brown Tower has ample (and unused) surface parking for the proposed use. c. The establishment of the special use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district. The proposed use would be identical to the previous use of the first and second floorspace at Earle Brown Tower. Previously, National American University used the same space to provide postsecondary educational services. During this time, the Embassy Suites was developed, nearby. The proposed use would provide an educated, qualified and skilled workforce to contribute to the development and improvement of the surrounding property in the area of Earle Brown Tower. d. 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. The proposed use would be identical to the previous use of the first and second floorspace at Earle Brown Tower. Previously, National American University used the same space to provide postsecondary educational City f Brooklyn Center Business and Development 6301 Shingle Creek P Brooklyn Center, MN 55430 76 ty yn p g Pkwy yn 3- 569 -3300 Standards for Special Use Permits 12 -09 Page 1 service. Ingress, Egress, Parking and Traffic are expected to be the same as the previous use. Earle Brown Tower has not received any complaints from neighbors or adjacent property owners regarding congestion, parking, ingress or egress. In fact, during the time National American University has been at the building, there has been enough extra parking that; occasionally, Judy from the Earle Brown Farm, borrows some of our parking for overflow when she has special events. Earle Brown Tower has ample (and unused parking) surface parking for the proposed use. Earle Brown Tower engaged in significant efforts and spent substantial time and resources to "bring back" the bus stop in front of the building in April 2009. The return of the bus stop, the efforts made to get workers at Earle Brown Tower to use mass transit have all contributed to reduce congestion and provide more than adequate parking at the site. e. The special use shall, in all other respects, conform to the applicable regulations of the district in which it is located. According to the information we have been given by Curt Boganey, City Manager and Gary Eitel, Business and Development Director, this special use conforms to all applicable regulations for a CIA Service / Office District and also conforms to the regulations of the Central Commerce Overlay District 3. Conditions and Restrictions The Planning Commission may recommend and the City Council may impose such conditions and restrictions upon the establishment, location, construction, maintenance and operation of the special use as deemed necessary for the protection of the public interest and to secure compliance with requirements specified in this ordinance. In all cases in which special use permits are granted, the City Council may require such evidence and guarantees as it may deem necessary as part of the conditions stipulated in connection therewith. 4. Resubmission No application for a special use permit which has been denied by the City Council shall be resubmitted for a period of twelve (12) months from the date of the final determination by the City Council; except that the applicant may set forth in writing newly discovered evidence of change of condition upon which he relies to gain the consent of the City Council for resubmission at an earlier time. 5. Revocation and Extension of SDecial Use Permits, When a special use permit has been issued pursuant to the provisions of this ordinance, such permit shall expire without further action by the Planning Commission or the City Council unless the applicant or his assignee or successor commences work upon the subject property within one year of the date the special use permit is granted, or unless before the expiration of the one year period the applicant shall apply for an extension thereof by filling out and submitting to the Secretary of the Planning Commission a "Special Use Permit" application requesting such extension and paying an additional fee in an amount as set forth by the City Council resolution. Special use permits granted pursuant to the provisions of a prior ordinance of Brooklyn Center shall expire within one year of the effective date of this ordinance if construction upon the subject property pursuant to such special use permit has not commenced within that time. City of Brooklyn Center Business and Development 6301 Shingle Creek Pkwy Brooklyn Center, MN 55430 763 - 569 -3300 Standards for Special Use Permits 12 -09 Page 2 In any instance where an existing and established special use is abandoned for a period of one eyar, the special use permit related thereto shall expire one year following the date of abandonment. City of Brooklyn Center Business and Development 6301 Shingle Creek Pkwy Brooklyn Center, MN 55430 763 - 569 -3300 Standards for Special Use Permits 12 -09 Page 3 DESCRIPTION OF PROPOSED USE Who we are ITT Educational Services, Inc. is a leading private college system focused on technology- oriented programs of study. It operates over 105 ITT Technical Institutes in 37 states which predominantly provide career- focused, degree programs to approximately 70,000 students. Headquartered in Carmel, Indiana, it has been actively involved in the higher education community in the United States since 1969. Basic Description of Operations Students attend classes year -round with convenient breaks provided throughout the year. Typically ITT will run three class sessions each day Monday through Friday and one or two class sessions on Saturday, depending on student enrollment. Weekday class sessions are usually between 8:00 AM and 12:00 PM, 1:00 PM and 5:00 PM and 6:00 PM and 10:00 PM. This class schedule offers students flexibility to pursue part-time employment opportunities. Accreditation Each ITT Technical Institute is either authorized or licensed by the state in which it is located and is accredited by or in the process of seeking accreditation from an accrediting agency recognized by the U.S. Department of Education. All ITT Technical Institutes (except in some instances the most recently opened institutes) are eligible to participate in the federal student financial aid programs authorized under Title IV of the Higher Education Act of 1965, as amended, and as administered by the U.S. Department of Education. Additional Facts According to U.S. Department of Education data, all of the ITT Technical Institutes combined granted the largest percentage (14.7 percent) of the total number of associate and bachelor degrees awarded in the U.S. in electronics and electronics- related programs in the 2000 -2001 school year (the latest year for which statistics are available). All of the ITT Technical Institutes combined also granted the largest share (22.6 percent) of the total number of associate's and bachelor's degrees awarded in the U.S. in drafting programs during the same period. Schools of Study The six schools at the ITT Technical Institutes include the School of Information Technology, School of Drafting and Design, School of Electronics Technology, School of Business, School of Criminal Justice, and School of Health Sciences. Most ITT Technical Institute programs of study blend traditional academic content with applied learning concepts, with a significant portion devoted to practical study in a lab environment. Advisory committees, comprised of representatives of local businesses and employers, help each ITT Technical Institute periodically 1 assess and update curricula, equipment and laboratory design. When students enroll at ITT they commit to either an Associates Degree, Bachelors Degree or Masters Degree program. Students are not permitted to enroll in single classes. Schools of Study Not all ITT Technical Institutes have all six schools of study. Specific program offerings are tailored to meet the needs of the local population being served. The following, however, represent the possible programs of study for an ITT Technical institute in Brooklyn Center. school of Information Techn 4 The School of Information Technology focuses on providing a broad -based foundation in information technology (IT) and on helping students develop skills and knowledge in technical areas with practical value in the workplace. In addition to technical knowledge, many IT workers need to be able to communicate, handle multiple tasks at once and assess user needs when developing computer -based solutions. Curricula in the School of Information Technology also teach problem solving, critical thinking, communication and teamwork skills. Most IT programs taught in residence offer practical applications of classroom theory in a lab environment, where students are encouraged to apply their classroom instruction. With a hands -on learning environment in most programs and convenient class schedules. Bachelors Degree Programs include: Information Systems Security, Data Communication, Systems Technology, Software Engineering Technology, Project Management, and Software Applications Development. Associates Degree Programs include: Information Technology - Computer Network Systems, Information Technology - Software Applications & Programming, Information Technology - Web Development, and Software Development Technology. Online Programs include: BS - Information Systems Security, BS - Project Management, AAS - Information Systems Administration, and AAS - Computer Forensics. The School of Electronics Technology at ITT Tech combines classroom theory and practical application in a laboratory environment. Not only has the rapid transmission of data become indispensable to many consumers and businesses, but most businesses also depend on complex electronic equipment for a variety of functions. Communications systems, automated equipment, machinery and safety systems all rely on electronic devices and systems. Individuals with the technical knowledge to help install, test, maintain and repair this equipment can be important to helping businesses remain productive. 2 Bachelors Degree Programs Include: Industrial Automation Engineering Technology, Electronics and Communication Engineering Technology. Associates Degree Programs include: Computer and Electronics Engineering Technology The School of Drafting and Design at ITT Tech combines classroom theory and practical application in a laboratory environment. The products we use and the structures in which we live and work start out as designs - from an electronic circuit to a video game to a house. Designs are typically represented in draft form to demonstrate how to construct the product. Drafting and design used to be separate tasks. Today, computer - assisted drafting and design software has made the two processes more interrelated. Programs in the School of Drafting and Design focus on using current tools of technology. Bachelors Degree Programs include: Digital Entertainment and Game Design, Graphic Design, and Construction Management. Associates Degree Programs include: Computer Drafting and Design, Information Technology - Multimedia, and Visual Communications. Online Programs include: Construction Management, Construction Technology, and Web Design. Men and women in business today face an ever- changing environment. The School of Business at ITT Tech can teach students about the impact of global markets, technology that sends information around the world instantly and a culturally diverse work force. Bachelors Degree Programs include: Business Accounting Technology, Business Administration, and Technical Project Management. Associates Degree Programs include: Business Accounting Technology, and Business Administration. Online Programs include: Master of Business Administration, BS - Business Accounting Technology, BS - Financial Accounting Option, BS - Internal Controls Option, BS - Business Administration, BS - Finance Option, BS - Human Resources Management Option, BS - Marketing Option, BS - Marketing Management Option, BS - Project Management Option, BS - Technical Project Management, AAS - Business Accounting Technology, AAS - Business Administration. 3 The School of Criminal Justice at ITT Tech focuses on offering programs that teach a balance of theory and application by integrating interpersonal skills and criminal justice subject matter. Programs in criminal justice teach the fundamentals of the criminal justice system and criminal justice skills as well as certain technical skills used in criminal justice. Each program offers a foundation in criminal law, legal procedures, criminal evidence and criminology. Areas of study include law enforcement, corrections and the courts. Bachelors Degree Programs include: Criminal Justice, and Criminal Justice - Cyber Security. Associates Degree Programs include: Criminal Justice, Paralegal Studies. Online Programs include: BS - Criminal Justice, BS - Criminal Justice - Cyber Security, AAS - Criminal Justice, AAS - Paralegal Studies. The ITT Technical Institute offers Associates Degree programs of study in nursing and health information technology. 4 r Md i If 1 if If if if kh if If If 111 1 1111 if 11 p f 'If if if b If If 11 I I I if If I I It I I I f IN If 1. if 11 a I 1 il-- D E uli 4unm 11111/ —��'. 4t P ER LAKE PARK L hF T iff - tq QfF _j _ 3 HHH HR HH Zone A Apt / Safety Zone B F.1 LOCAL STREET 4 INDEX : 4 - H I E - 4 - E P Hf H I E = p E lp ta Z_ L HIM 4 Z4- HE HE 1 5 E � Eyl iii t s mill tilt Brooklyn Center Zoning M ZOMNG DISTRICTS 02 O R2 Cl/R1 M PUDVC1A O R3 4 �� ® C1/RWR4 M PUD/C2 O R4 N ==V� ClA M PUMI RI w E M M PUD/RI M AN IS 11 M PUD/R3 M R7 2 PUDIAIXEID 01 =Ri WJ.] AN. Ei..W.q Centel co—e— Dwtnct 0.25 0.5 E9 1 Ilk. Brooklyn Center GIS