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
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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
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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
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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 �.
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o so loo ..a
N ORTH SCALE IN FEET
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SURVEY LEGEND - EXISTING CONDITIONS �
I cocn eASw sroRY sEV,m
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/ fl I S I YHfIAV WNHOLE WATER WIN 9IOxx nR6: Nur♦ r.Q YEMS nRE w
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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
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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
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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
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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
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