HomeMy WebLinkAbout1996 11-14 PCP PLANNING COMMISSION AGENDA
CITY OF BROOKLYN CENTER
NOVEMBER 14, 1996
REGULAR SESSION
1. Call to Order
2. Roll Call
3. Approval of Minutes -October 17, 1996
4. Chairperson's Explanation
The Planning Commission is an advisory body. One of the commission's functions is to
hold public hearings. In the matters concerned in these hearings,the Commission makes
recommendations to the City Council. The City Council makes all final decisions.
5. Dakota Hospitality Company 96020
Planned Unit Development(PUD) Amendment to build a 42,244 sq. ft., four story
AmericInn at the northwest corner of Freeway Boulevard and Shingle Creek Parkway.
6. Discussion Item:
A. Modifications to Tax Increment Financing District No. 3
Two modifications to Tax Increment Financing District No. 3 are being considered by
the Economic Development Authority (EDA) and are set for consideration on November
25, 1996. The Planning Commission, by law, is given the opportunity to review the
proposal and offer comments if it desires. Attached is a copy of the proposal as prepared
by Springsted, Public Financial Advisors and a memo from Brad Hoffinan, Community
Development Director regarding this matter.
7. Other Business
8. Adjournment
i
• Planning Commission Information Sheet
Application No. 96020
Applicant: Dakota Hospitality Company
Location: Northwest Corner of Freeway Boulevard and Shingle Creek Parkway
Request: Planned Unit Development Amendment
The applicant, Dakota Hospitality Company, is seeking an amendment to the Planned Unit
Development approval for this area in order to build a 42,244 sq. ft., four story AmericInn. The
property in question is legally described as Tract B, RLS 1619 and is a 4.12 acre parcel of land
located at the northwest corner of Freeway Boulevard and Shingle Creek Parkway.
This specific site is the same site for which the City Council approved a PUD/I-1 rezoning and
development plan for a 10,000 sq. ft. Country Harvest Buffet Restaurant under Planning
Commission Application 94014 on November 28, 1994 (see City Council Resolution No. 94-253
attached). This site, with the Country Harvest Buffet development plan, was also acknowledged
in a City initiated PUD/I-1 rezoning of a larger area including this property and surrounding
property in 1995.
The property under consideration is bounded on the north by Parkway Circle (a private access
drive serving various businesses in the area) with the Parkway Place office/industrial building on
the opposite side; on the east by Shingle Creek Parkway with a building containing various
• industrial uses and the Spiritual Life Ministries on the opposite side; on the south by Freeway
Boulevard with Chi Chi's Restaurant on the opposite side; and on the west by the Minnesota
State High School League building.
The current applicant has submitted a new plan for development of this area. Their proposal
calls for a four story, 80 unit motel that would be located on approximately 1.65 acres of this
4.12 acre site. The building will lie on the westerly portion of the property with parking located
to the east and north of the building. The remaining 2.47 acres on the easterly portion of the site
are proposed for a future development, possibly a restaurant, and contains an existing ponding
area servicing this site and surrounding sites that provides for storm water retention and water
quality purposes. Clarification from the applicant needs to be provided as to the total number of
motel units comprehended. Their site plan indicates 80 units, the application indicates 88 units
and the floor plans show a total of 8') units. For purposes of our review we will utilize an 88 unit
motel complex.
ACCESS/PARKING
Access to the property is to be gained via Freeway Boulevard and from Parkway Circle. Two
accesses are comprehended from Parkway Circle and a 40 ft. wide access is proposed along
Freeway Boulevard, opposite of the access serving Chi Chi's Restaurant. This access exceeds
11-14-96
Page 1
the maximum permitted under the zoning ordinance for commercial or industrial developments.
This has been pointed out to the applicant and will need to be revised either by reducing the
access width to less than 30 ft. or providing a concrete delineator separating entrance and exit
traffic. (Note: This has been corrected by a plan received on 11-12-96.) Another correction that
needs to be made to the site plan involves meeting the 50 ft. building setback requirement from
Freeway Boulevard. The site plan shows the front of the AmericInn to be 29 ft. 6 in. from the
property line. Moving this building back from the property line will allow the access to shift
somewhat more to the west, better aligning it with the Chi Chi's access on the south side of
Freeway Boulevard. Moving the building to the north may eliminate some parking on the north
end of the building. (Note: This has been corrected by a plan received on 11-12-96.)
With respect to parking, an 88 unit motel with 12 employees would require 100 on-site parking
spaces. The plan provided shows 113 parking spaces including six handicap spaces. Seven
spaces are shown at the very north end of the building and may have to be eliminated with the
shifting of the building to meet setback requirements. If these seven parking spaces are
eliminated,there still would be 106 parking spaces on site which would exceed the parking
requirement for an 88 unit motel building. Again,the applicant should clarify the total number
of units that will be constructed. B-612 curb and gutter will be required around all driving and
parking areas. It should be noted that no curb and gutter is indicated along the east side of the
development plan where a future development may take place. I would only recommend the
deferral of curb and gutter in this area for a short period of time pending development of the
remaining 2.47 acres. The same is true with landscaping for this portion of the site, it should
only be deferred for a specific period of time. The plans should be modified to provide a
concrete parking delineator at the north end of the row of parking closest to the building.
It is possible that the applicants may choose to seek a replatting of the property to create two lots
on the site. This would have to be done under a separate application. Any future building
development would be subject to the same Planned Unit Development Amendment process that
the applicant is going through currently.
DRAINAGE/GRADING/UTILITIES
The drainage plan is proposed to drain the parking lot into five catch basins located at various
points around the site. One catch basin is located in a greenstrip area west of the building,two
catch basins are located at the north end of the parking lot, a fourth catch basin about midway
along the east side of the parking lot and the fifth catch basin at the southeast corner of the site.
Water will be conveyed via these catch basins and storm sewer to a 12 inch storm sewer located
in an easement area at the south end of the site. Water will then be conveyed to the existing pond
located at the corner of Freeway Boulevard and Shingle Creek Parkway. This pond serves as an
area wide drainage pond and has been reviewed and approved by the Shingle Creek Watershed
Management Commission to service this entire area. Sanitary sewer will be connected at the
11-14-96
Page 2
southwest corner of the building to tie into existing sewer located also in an easement area along
• the south side of the building. Water will be connected to the building at the southeast corner
with the water line running under the parking lot to the north and then traversing the undeveloped
area to tie into existing water main in Shingle Creek Parkway.
This plan will not have to be reviewed by the Shingle Creek Watershed Management
Commission as an area drainage plan has been prepared for this site and surrounding sites at the
time this property was subdivided.
LANDSCAPING
The applicant has submitted a landscape plan in response to the landscape point system used to
evaluate such plans. They are only proposing to landscape the approximate 1.65 acre portion of
the site that will be utilized by the AmericInn. The point requirement for this portion of the site
is 80 landscape points. Their plan indicates a variety of plantings including 15 Greenspire
Linden, 5 Colorado Blue Spruce, 24 Fragrant Sumac and various shrubs including 10 Andorra
Juniper, 15 Blue Chip Juniper and 10 Goldflame Spirea. The planting size for Greenspire Linden
should be 2 '/2 inch diameter rather than 1 inch, and for the Fragrant Sumac,the diameter for
these decorative trees should be one inch. The total allowable points for this landscape plan,
based on the point system,.is 117.5 points. Giving credit for all plantings provided would run
this total to 235.5 landscape points.
• The plantings appear to be well dispersed with two Lindens located along the Parkway Circle
greenstrip, five located on parking lot protector areas, four along the west side of the building,
and four in the greenstrip areas adjacent to Freeway Boulevard. Fragrant Sumac are also located
along the Parkway Circle greenstrip and in an island area in the parking lot as well as on the east
and west sides of the building. The remaining shrubs are also well dispersed around the building
and the Colorado Spruce are located on the Parkway Circle and the Freeway Boulevard
greenstrip areas. Sidewalks are provided around the north and east sides of the building and
connect to sidewalk along Freeway Boulevard.
BUILDING
The building elevations show three levels to the building stepping away from Freeway
Boulevard. The main entrance to the building is along the east side where an entrance canopy is
to be located. The building exterior includes face brick on the lower levels and stained cedar
siding on the balance of the building. My understanding is that the color of the building is to be
gray. Peaked roofs with shingles will highlight the roof treatments and decks along portions of
the east and west elevations will be provided for specific rooms in the hotel. The floor plans
indicate a pool area, lobby and hospitality areas on the main floor as well as the various floor
plans for specific units.
11-14-96
Page 3
LIGHTING/TRASH
The applicant has submitted a lighting plan indicating the location for ten parking lot lights, two
in the north parking lot and the balance along the east side of the building and in the island area
dividing the parking lot. The type of fixture for the parking lot lights will be a rectangular cut-
off luminaire, which will direct lighting downward and should not create glare off of the site.
The lighting plan indicates the foot candles at various locations on the site from the lighting
provided. The plan indicates there will not be any spill over onto adjacent property. The height
of the parking lot lighting is not indicated.
The site plan indicates that the trash enclosure will be located at the northwest corner of the
building adjacent to the westerly access onto Parkway Circle. No detail of the enclosure is
provided. It should be pointed out that the trash enclosure should be of the same material asthe
exterior of the building and the gates should be of an opaque material. Plastic slats,however,
are not acceptable for gate screening.
The plans as a whole, and with some modifications and adjustments, appear to be in order. The
applicant will be informed of the comments contained in this report and hopefully adjustments
will be made to the plans prior to the Planning Commission meeting.
PROCEDURE
As pointed out previously,this proposal is an amendment to the Planned Unit Development •
proposal for this area. As such, it is required to follow the procedures contained in Section 35
355 regarding Planned Unit Development(attached). This requires a public hearing which has
been scheduled. Notices have been sent and a notice has been published in the Brooklyn Center
Sun/Post. Normally with rezonings or planned unit developments,these matters are referred to
neighborhood advisory groups for review and comment. The Planning Commission serves as the
neighborhood advisory group for the industrial park area and,therefore,no referral is necessary.
Reference should be made as well with the recommendation as to the compatibility and
consistency of this development plan with the standards for Planned Unit Development
proposals. Some questions have been raised about the marketability on new units given the
already existing units in the area. Dakota Hospitality Company has provided a brief explanation
and I believe may have additional information for the Commission at Thursday's meeting.
RECOMMENDATION
With some adjustments and modifications to the plan,which is anticipated to be made by the
applicant, the plans should be in order and approval is recommended subject to at least the
following considerations and conditions. It is recommended that the Planned Unit Development
amendment proposed under Planning Commission Application No. 96020 submitted by Dakota
11-14-96
Page 4
Hospitality Company be approved in light of the following considerations:
• 1. The development plans are compatible with the standards,purposes and intent of the
Planned Unit Development section of the City's Zoning Ordinance.
2. The development plans will allow for the utilization of the land in question in a
manner which is considered compatible with, complimentary to and of comparable
intensity to adjacent land uses as well as those uses permitted on surrounding land.
3. The utilization of the property as proposed under the development plan will conform
with City ordinance standards and is considered to be a reasonable use of the
property.
4. The development plans are considered compatible with recommendations in the
City's Comprehensive Plan for this area of the City.
5. The development plan appears to be a good, long range use of the existing land and
can be considered to be consistent with other motel developments in the area and is in
the best interest of the community.
It is further recommended that approval of Application No. 96020 be subject to the following
conditions:
1. The building plans are subject to review and approval by the Building Official with
respect to applicable codes prior to the issuance of permits.
2. Grading, drainage and utility plans are subject to review and approval by the City
Engineer prior to the issuance of permits.
3. A site performance agreement and supporting financial guarantee in an amount to be
determined based on cost estimates shall be submitted prior to the issuance of
permits.
4. Any outside trash disposal facilities and rooftop or on-ground mechanical equipment
shall be appropriately screened from view.
5. The building is to be equipped with an automatic fire extinguishing system to meet
NFPA standards and shall be connected to a central monitoring device in accordance
with Chapter 5 of the City Ordinances.
6. An underground irrigation system shall be installed in all landscaped areas to
11-14-96
Page 5
facilitate site maintenance.
7. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City
Ordinances.
8. B-612 curb and gutter shall be provided around all parking and driving areas.
9. The applicant shall submit an as-built survey of the property, improvements and
utility service lines prior to the release of the performance guarantee.
10. The property owner shall enter into an easement and agreement for maintenance and
inspection of utility storm drainage systems,prior to issuance of permits.
11. The plan shall be modified in the following manner.
A. To meet the 50 ft. building setback requirement from the Freeway Boulevard
right-of-way line.
B. To clarify the total number of units proposed for the development.
C. Modification to the driveway access on Freeway Boulevard to be consistent with
City Ordinance requirements.
D. To provide a concrete parking delineator/protector at the north end of the row of
parking closest to the building.
E. To provide details of the trash enclosure area showing material to be used to
provide proper screening.
12. All work performed and materials used for construction of utilities shall conform to
the City of Brooklyn Center's current standard specifications and details.
13. The applicant shall enter into a development agreement with the City of Brooklyn
Center to be reviewed and approved by the City Attorney prior to the issuance of
building permits.
14. The area identified on the site plan as"future development" shall be seeded in a
manner to allow appropriate maintenance. If, after three years from the date of
issuance of the building permits for this project,this area is not developed or
improved, additional landscaping,underground irrigation and B-612 curb and gutter
shall be installed in accordance with City Ordinances. The performance guarantee for
11-14-96
Page 6
this project shall not be released in its entirety until this area is developed or said
required improvements have been completed.
15. Further development of the area identified as"future development" is subject to
amendment to this Planned Unit Development. The City will not allow this area to be
developed as a fast food/convenience food restaurant or a gasoline service station.
The development agreement mentioned above will acknowledge this restriction or
limitation.
I
11-14-96
Page 7
I
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APPLICATION NO. 96020
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its adoption: Member Dave Rosene introduced the following resolution and moved
RESOLUTION NO. 94-253
RESOLUTION REGARDING DISPOSITION OF PLANNING
COMMISSION APPLICATION NO. 94014 SUBMITTED
BY COUNTRY HARVEST BUFFET MANAGEMENT INC
WHEREAS, Planning Commission Application No. 94014 submitted by Country Harvest
Management, Inc. proposes rezoning from I-1 (Industrial Park) to PUD/C2 (Planned Unit
Development/Commerce) of the property located at the northwest quadrant of Freeway
Boulevard and Shingle Creek Parkway; and
WHEREAS, this proposal comprehends the rezoning of the above mentioned parcel and
site and building plan approval for a commerce planned unit development involving a 10,000
square foot, 400 seat restaurant at that location; and
WHEREAS, the Planning Commission held a duly called public hearing on November
17, 1994, when a staff report and public testimony regarding the rezoning and site and building
plans were received; and
WHEREAS, the Planning Commission recommended approval of Application No. 94014
iby adopting Planning Commission Resolution No. 94-2 on November 17, 1994: and
WHEREAS, the City Council considered Application No. 94014 at its November 28,
1994 meeting; and
WHEREAS, the City Council has considered this rezoning and site and building plan
request in light of all testimony received, the guidelines for evaluating rezonings contained in
Section 35-208 of the City's Zoning Ordinance, the provisions of the Planned Unit Development
Ordinance contained in Section 35-355, and in light of the City's Comprehensive Plan; and
WHEREAS, the City Council has determined that the specific development proposed for
the property is appropriate, but that the most appropriate underlying zoning classification for the
property is I-1 (Industrial Park).
NOW THEREFORE BE IT RESOLVED BY the City Council of the City of Brooklyn
Center that Application No.. 94014 submitted by Country Harvest Buffet Management, Inc. be
approved as a rezoning to PUD/I-1 in light of the following considerations:
1. The rezoning and site and building plans are compatible with the standards,
purposes and intent of the Planned Unit Development section of the City's Zoning
Ordinance.
Resolution No. 94-253
2. The rezoning and site and building plans will allow for the utilization of the land
in question in a manner which is considered compatible with, complimentary to
and of comparable intensity.to adjacent land uses as well as those uses permitted
on surrounding land.
3. The utilization of the property as proposed under this rezoning. and site and
building plan will conform with City Ordinance standards and is considered a
reasonable use of the property.
4. The rezoning and site and building plans are considered compatible with
recommendations in the City's Comprehensive Plan for this area of the City.
5. The rezoning and site and building plans appear to be a good long range use of
the existing land and can be considered to be in the best interests of the
community.
BE IF FURTHER RESOLVED by the City Council of the City of Brooklyn Center that approval
of Application No. 94014 as a rezoning to PUD/I-1 be subject to the following conditions and
consideration:
i
1. The building plans are subject to review and approval by the Building Official
with respect to applicable codes prior to the issuance of permits.
2. Grading, drainage and utility plans are subject to review and approval by the
Engineering Department prior to the issuance of permits.
3. A site performance agreement and supporting financial guarantee (in an amount
to be determined by the City Manager) shall be submitted prior to issuance of
permits.
4. Any outside trash disposal facilities and roof to mechanical
po P equipment shall be
appropriately screened from view.
5. The building is to be equipped with an automatic fire extinguishing sysiem to
meet NFPA standards and shall be connected to a central monitoring device in
accordance with Chapter 5 of the City Ordinances.
6. An underground irrigation system shall be installed in all landscaped areas to
facilitate maintenance.
7. Plan approval is exclusive of all signery which is subject to Chapter 34 of the
City Ordinances.
S. B612 curb and gutter shall be provided around all parldng and driving areas.
Resolution No. 94-253
® 9. The applicant shall submit an "as-built "
b pit survey of the property, improvements and
utility service lines, prior to release of the performance guarantee.
10. The property owner shall enter into an easement and agreement for maintenance
and inspection of utility and storm drainage systems, prior to issuance of permits.
11. The plan shall be modified to indicate parking lot screening along the green strip
areas.
12. All work performed and materials used for construction of utilities shall conform
to the City of Brooklyn Center's current standard specifications and.details.
13. The applicant shall enter into a development agreement with the City of Brooklyn
Center, to be reviewed and approved by the City Attorney, prior to the issuance
of building permits.
14. . The area identified on the site plan as "undeveloped" shall be seeded in a manner
to allow appropriate maintenance. If, after three years from the date of the
issuance of building permits for this project, this area is not developed or
improved additional landscaping, underground irrigation and B612 curb and gutter
shall be installed in accordance with City Ordinances. The performance
guarantee for this project shall not be released in its entirety until this area is
developed or said required improvements have been completed.
15. Further development of the area identified as "undeveloped" is subject to
amendment to this planned unit development. The City will not allow this area
to be developed as a fast food or convenience food restaurant. The development
agreement mentioned above shall acknowledge this restriction or limitation.
November 28, 1994
Date Todd Paulson, Mayor
ATTEST:
Deputy City Clerk
The motion for the adoption of the foregoing resolution was duly seconded by Kristen Mann
and upon voting being taken thereon, the following voted in favor thereof:
Todd Paulson, Dave Rosene, Celia Scott, and Kristen Mann;
and the following voted against the same: none,
where upon said resolution was declared duly passed and adopted.
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Landscape Point System
1. Landscape Plantings shall be provided on the site based on the point system indicated below:
Maximum %
Planting Type Minimum Size Points/Planting of Points
Shade trees (Deciduous, Maple, 2 1/2* diameter 10 50
Linden, Ash, Oak, Locust, etc)
Coniferous Trees (Pine, Spruce, 5' height 6 40
Cedar)
Decorative Trees (Russian Olives, 1" diameter 1.5 35
Radiant Crab, Canada Red Cherry, etc)
Shrubs (Dogwood, Spirea, 12" diameter .5 25
EM Ocirange, Juniper, Arborvitae, etc)
Points Reauired Per Acre
The following schedule shall be used to determine the required number of points for a given site. The schedule
is cumulative so that the first two acres of any site will require points on the basis of the column headed
"0-2"; the next eight acres shall be computed on the basis of the column headed "2-10"; and, area over ten
acres shall be computed on the basis of the column headed "10+".
Land Area of Site (Acres)
Type of Development 0-2 2-10 10+
:'0-f fice 100 80 60
st 80 60 40
Light Industrial 75 60 50
Heavy Industrial 60 50 40
Office/Industrial (Over 25% office) 90 70 50
Multi-Family Residential 90 75 60
Examoles
Six acre office site = 2 acres @ 100 plus 4 acres @ 80 = 520 points
Fifteen acre retail/restaurant = 2 acres @ 80 plus 8 acres @ 60 plus 5 acres @ 40 = 840 points
2. The above point system in no way substitutes for the screening and buffer requirements set forth in the Zoning
Ordinance. Plantings used for screening purposes shall be accorded points, but fulfilling the point requirements
shall not obviate the requirements for screening.
3. Mature existing trees shall be accorded points on the basis of the above point schedule. A bonus equal up to
the full value of a given planting may be granted by the Commission for the preservation of large existing
plantings.
4. All green areas on a site shall be sodded except in areas where viable turf exists and is totally undisturbed by
construction. The burden shall be on the developer to prove at the time of a site inspection that such viable
turf, in fact, exists and has been properly maintained.
All greenstrips adjacent to an interior property line shall be a minimum of 5 ft. in width except in cases where
special buffer provisions apply.
Landscape Point System
Revised 2.35
•
•
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• c. Accessory uses incidental to the foregoing principal uses when located on the same
property with the use to which it is accessory but not including any business or
industrial uses. Such accessory uses to include but not be restricted to the following:
1. Off-street parking.
2. Public recreational buildings and parks, playgrounds and athletic fields.
3. Signs as permitted in the Brooklyn Center Sign Ordinance.
Section 35-355. PLANNED UNIT DEVELOPMENT.
Subdivision 1. Purpose.
The purpose of the Planned Unit Development (PUD) district is to promote flexibility in land
development and redevelopment,preserve aesthetically significant and environmentally sensitive site
features, conserve energy and ensure a high quality of design.
Subdivision 2. Classification of PUD Districts; Permitted Uses; Applicable Regulations.
• a. Upon rezoning for a PUD, the district shall be designated by the letters "PUD" followed by
the alphanumeric designation of the underlying zoning district which may be either the prior
zoning classification or a new classification. In cases of mixed use PUDs, the City Council
shall, whenever reasonably practicable, specify underlying zoning classifications for the
various parts of the PUD. When it is not reasonably practicable to so specify underlying
zoning classifications, the Council may rezone the district, or any part thereof, to "PUD
MIXED."
b. Regulations governing uses and structures in PUDs shall be the same as those governing the
underlying zoning district subject to the following:
1. Regulations may be modified expressly by conditions imposed by the Council at the
time of rezoning to PUD.
2. Regulations are modified by implication only to the extent necessary to comply with
the development plan of the PUD.
3. In the case of districts rezoned to PUD-MIXED, the Council shall specify regulations
applicable to uses and structures in various parts of the district.
t
35-45
c. For purposes of determining applicable regulations for uses or structures on land adjacent •
to or in the vicinity of the PUD district which depend on the zoning of the PUD district, the
underlying zoning classification of PUD districts shall be deemed to be the zoning
classification of the district. In the case of a district zoned PUD-MIXED, the underlying
zoning classification shall be deemed to be the classification which allows as a permitted use
any use which is permitted in the PUD district and which results in the most restrictive
regulation of adjacent or nearby properties.
Subdivision 3. Development Standards.
a. A PUD shall have a minimum area of one acre,excluding land included within the floodway
or flood fringe overlay districts and excluding existing rights-of-way, unless the City finds
that at least one of the following conditions exists:
1. There are unusual physical features of the property or of the surrounding neighborhood
such that development as a PUD will conserve a physical or terrain feature of
importance to the neighborhood or community;
2. The property is directly adjacent to or across a public right-of-way from property which
previously was developed as a PUD and the new PUD will be perceived as and function
as an extension of that previously approved development; or •
3. The property is located in a transitional area between different land uses and the
development will be used as a buffer between the uses.
b. Within a PUD, overall density for residential developments shall be consistent with Section
35-400 of this ordinance. Individual buildings or lots within a PUD may exceed these
standards,provided that density for the entire PUD does not exceed the permitted standards.
c. Setbacks, buffers and greenstrips within a PUD shall be consistent with Section 35-400 to
35-414 and Section 35-700 of this ordinance unless the developer can demonstrate to the
City's satisfaction that a lesser standard should be permitted with the addition of a screening
treatment or other mitigative measures.
d. Parking provided for uses within a PUD shall be consistent with the parking requirements
contained in Section 35-704 of this ordinance unless the developer can demonstrate to the
City's satisfaction that a lesser standard should be permitted on the grounds of the
complementarity of peak parking demands by the uses within the PUD. The City may
require execution of a restrictive covenant limiting future use of the property to those uses
which will continue this parking complementarity, or which are otherwise approved by the
City.
35-46
• Subdivision 4. General Standards.
a. The City may allow more than one principal building to be constructed on each platted lot
within a PUD.
b. A PUD which involves only one land use or a single housing type may be permitted
provided that it is otherwise consistent with the purposes and objectives of this section.
c. A PUD may only contain uses consistent with the City's Comprehensive Plan.
d. All property to be included within a PUD shall be under unified ownership or control or
subject to such legal restrictions or covenants as may be necessary to ensure compliance with
the approved development plan and site plan.
e. The uniqueness of each PUD requires that specifications and standards for streets, utilities,
public facilities and the approval of land subdivision may be subject to modifications from
the City Ordinances generally governing them. The City Council may, therefore, approve
streets, utilities, public facilities and land subdivisions which are not in compliance with
usual specifications or ordinance requirements where it is found that such are not required
in the interests of the residents or of the City.
• Subdivision 5. Application and Review.
a. Implementation of a PUD shall be controlled by the development plan. The development
plan may be approved or disapproved by the City Council after evaluation by the Planning
Commission. Submission of the development plan shall be made to the Director of Planning
and Inspection on such forms and accompanied by such information and documentation as
the City may deem necessary or convenient, but shall include at a minimum the following:
1. Street and utility locations and sizes;
2. A drainage plan, including location and size of pipes and water storage areas;
3. A grading plan;
4. A landscape plan;
5. A lighting plan;
6. A plan for timing and phasing of the development;
7. Covenants or other restrictions proposed for the regulation of the development;
35-47
8. A site plan showing the location of all structures and parking areas;
i
9. Building renderings or elevation drawings of all sides of all buildings to be constructed
in at least the first phase of development; and
10. Proposed underlying zoning classification or classifications.
Such information may be in a preliminary form, but shall be sufficiently complete and accurate
to allow an evaluation of the development by the City.
b. The Planning Commission shall hold a public hearing on the development plan. Notice of
such public hearing shall be published in the official newspaper and actual notice shall be
mailed to the applicant and adjacent property owners as required by Section 3 5-2 10 of this
ordinance. The Planning Commission shall review the development plan and make such
recommendations as it deems appropriate regarding the plan within the time limits
established by Section 35-210 of this ordinance.
c. Following receipt of the recommendations of the Planning Commission, the City Council
shall hold such hearing as it deems appropriate regarding the matter. The City Council shall
act upon the development plan within the time limits established by Section 35-210 of this
ordinance. Approval of the development plan shall constitute rezoning of the property to
PUD and conceptual approval of the elements of the plan. In addition to the guidelines .
provided in Section 35-208 of this ordinance,the City Council shall base its actions on the
rezoning upon the following criteria:
1. Compatibility of the plan with the standards, purposes and intent of this section;
2. Consistency of the plan with the goals and policies of the Comprehensive Plan;
3. The impact of the plan on the neighborhood in which it is to be located; and
4. The adequacy of internal site organization,uses,densities,circulation,parking facilities,
public facilities, recreational areas, open spaces, and buffering and landscaping.
The City Council may attach such conditions to its approval as it may determine to be necessary
to better accomplish the purposes of the PUD district.
d. Prior to construction on any site zoned PUD,the developer shall seek plan approval pursuant
to Section )5-2')0 of this ordinance. In addition to the information specifically required by
Section 35-230, the developer shall submit such information as may be deemed necessary
or convenient by the City to review the consistency of the proposed development with the
approved development plan.
35-48
The plan submitted for approval pursuant to Section 35-230 shall be in substantial
compliance with the approved development plan. Substantial compliance shall mean that
buildings, parking areas and roads are in essentially the same location as previously
approved; the number of dwelling units, if any, has not increased or decreased by more than
5 percent; the floor area of nonresidential areas has not been increased or decreased by more
than 5 percent; no building has been increased in the number of floors; open space has not
been decreased or altered from its original design or use, and lot coverage of any individual
building has not been increased or decreased by more than 10 percent.
e. Prior to construction on any site zoned PUD, the developer shall execute a development
agreement in a form satisfactory to the City.
f. Applicants may combine development plan approval with the plan approval required by
Section 35-230 by submitting all information required for both simultaneously.
g. After approval of the development plan and the plan approval required by Section 35-230,
nothing shall be constructed on the site and no building permits shall be issued except in
conformity with the approved plans.
h. If within 12 months following approval by the City Council of the development plan, no
building permits have been obtained or, if within 12 months after the issuance of building
• permits no construction has commenced on the area approved for the PUD district, the City
Council may initiate rezoning of the property.
i. Any major amendment to the development plan may be approved by the City Council
following the same notice and hearing procedures specified in this section. An amendment
shall be considered major if it involves any change greater than that permitted by subdivision
5d of this section. Changes which are determined by the City Council to be minor may be
made if approved by the Planning Commission after such notice and hearing as may be
deemed appropriate by the Planning Commission.
35-49
MEMO
To: Planning Commission Members
From: Brad Hoffman, Community Development Director
Subject: Tax Increment District No. 3
Date: November 12, 1996
In December of 1994, Brooklyn Center established Tax Increment District No. 3 in
order to address a rather significant number of redevelopment issues facing the city.
The TIF district was to be the financing mechanism by which Brooklyn Center
would undertake identified redevelopment projects. Such projects include, but are
not necessarily limited to, the redevelopment,and expansion of Brookdale, 69th and
Brooklyn Boulevard, the Highway 252 and I-694 area, Brooklyn Boulevard in
general, and neighborhood housing issues and/or apartments.
Obviously, there are many redevelopment-related issues that need to be addressed by
the City. While there can be debate as to priorities, most redevelopment will require
some level of City participation, which will necessitate some level of financial
• commitment. TIF District No. 3 will be the primary revenue source for such
activity.
When TIF District No. 3 was established, Brookdale had a value of approximately
$49,000,000. Today, Brookdale has an estimated value (for tax purposes) of about
$24,000,000. Tax increment monies are derived from a growth in market value. As
the situation currently exists, Brookdale would have to increase by $25,000,000
before any TIF monies would be generated. The reality is that Brookdale will have
to be the primary source of TIF monies to undertake any redevelopment project the
City might want to consider.
Because the value has dropped so significantly, a modification to the TIF plan is
being proposed. The plan proposes to eliminate six parcels from the current plan.
The parcels to be eliminated were those which were primary to the loss in market
value. The same parcels would then be brought back into the TIF district. In so
doing, the parcels would come in at their current value. In essence, the total base
value of the TIF district upon which TIF is determined would be reduced by
approximately $24,000,000. At that point, any redevelopment of Brookdale that
adds to its value would contribute to the TIF cash flow.
The proposed modifications are critical to any redevelopment ambitions Brooklyn
Center might have. Thursday evening, Ron Warren will review the concept for the
commission's comments. Also, representatives from Springsted have been invited
to provide the Planning Commission with a detailed explanation of how TIF districts
function should you have any questions related to the market value versus the
generation of TIF monies.
I
I
•
35 E. SEVENTH PLACE. SUITE 10 SPRINGSTED
SAINT PAUL. ,IN 55101-2143
a 612-223-3000 FAK 612-223-3002 PubiicFmreAdtiison
VA
MEMORANDUM
TO: Brad Hoffman
Steven Baker
Jerry Gilligan
FROM: Mark Winkelhake
DATE: November 6, 1996
SUBJECT: TIF Plan Modifications
Please find attached draft copies of Modification No. 1 and Modification No. 2 to the TIF Plan
for Tax Increment Financing District No. 3. 1 have kept these documents fairly simple at this
point. If you feel that more elaboration is in order, please let me know.
I have attached the maps from the original TIF plan, but have not yet indicated the location of
the six parcels which are being removed and added back. Please provide this information and
• I'll include these locations in the next draft of the documents.
I've attached to this letter partially complete data qualification sheets for:
1) The TIF District as per Modification 1 (6 parcels removed)
2) The TIF District as per Modification 2 (6 parcels added)
Please review these sheets for accuracy and provide additional information as needed.
Steven, would you please check the PID #'s in each of the three non-contiguous areas as listed
in the modifications. Prior to the modifications, I am showing 94 parcels in Site A (all in 2102),
72 parcels in Site B (56 in 2148 and 16 in 2149), and 75 parcels in Site C (21 in 2147 and 54 in
2149) for a beginning total of 241 parcels. Your last fax indicated that there were 76 parcels in
Site C.
If you have any questions or comments, please feel free to give me a call at 223-3077.
cc: Bob Thistle
Exhibit II-C
Data on Qualifications as a
Redevelopment Tax Increment Financing District
As per Modification No. 1 (six parcels removed)
Total Occupied Total Number of
Total Parcel Parcels Percent Number of Substandard Percent
Parcels Sq. Ft. Sq. Ft. Occupied Buildings Buildings Substandard
SITE A (Brooklyn Boulevard/69th Area)
94 4,126,220 3,844,656 93.18% 75 49 65.33%
SITE B (Brookdale Area)
66 0.00% 0.00%
SITE C (Willow/252 Area) I
75 or 76? 7,388,997 5,708,525 77.26% 84 51 60.71% •
O
Prepared by: Springsted Incorporated (11/6/96)
Exhibit II-C
Data on Qualifications as a
Redevelopment Tax Increment Financing District
As per Modification No. 2 (six parcels added back)
Total Occupied Total Number of
Total Parcel Parcels Percent Number of Substandard Percent
Parcels Sq. Ft. Sq. Ft. Occupied Buildings Buildings Substandard
SITE A (Brooklyn Boulevard/69th Area)
94 4,126,220 3,844,656 93.18% 75 49 65.33%
SITE B (Brookdale Area)
72 9,182,884 9,145,929 99.60% 91 56 61.54%
SITE C (Willow/252 Area)
• 75 or 76? 7,388,997 5,708,525 77.26% 84 51 60.71%
Prepared by: Springsted Incorporated (11/6/96)
DRAFT
•
Brooklyn Center Economic Development Authority
City of Brooklyn Center, Minnesota
Modification No. 1
to the
Tax Increment Financing Plan
for
Tax Increment Financing District No. 3
•
Original Plan Adopted: December 19, 1994
Modification No. 1 Dated: November 6, 1996
Prepared by:
SPRINGSTED INCORPORATED
85 E. Seventh Place, Suite 100
St. Paul, MN 55101-2143
• (612) 223-3000
i
i
INTRODUCTION
On December 19, 1994, the City Council of the City of Brooklyn Center and the Board of
Commissioners of the Economic Development Authority (the "Authority") in and for the City of
Brooklyn Center, established Tax Increment Financing District No. 3 (the "TIF District")
pursuant to Minnesota Statutes, Sections 469.001 through 469.047 and Sections 469.124
through 469.179.
Modification No. 1 to the Tax Increment Financing Plan (the "TIF Plan") for the TIF District
involves the elimination of six (6) parcels from the TIF District and an .administrative
recategorization of the estimated public costs.
The current estimated market values and net tax capacity values of the six parcels to`be
eliminated from the TIF District have been recently reduced below their original certified values.
Such reductions have been primarily the result of successful tax petitions by selected property
owners.
Since these tax petitions did not result in a corresponding decrease in the original values of
these parcels, it is the City's and EDA's intention to remove these parcels from the TIF District
through Modification No. 1, and then add them back to the TIF District through Modification
No. 2. In this way, the original values of these six parcels will be adjusted downward to their
current level, which the City believes is a fair and consistent representation of the value of these
properties.
TABLE OF CONTENTS
• Changed By
Modification
Section No. 1 Paae
A Statutory Authority ...................................................................... No
B Statement of Objectives ............................................................. No
C Housing Development and Redevelopment Plan Overview ........ No
D Description of Property in District No. 03 .................................... Yes 1-3
E Classification of the Tax Increment Financing District ................ Yes 4-5
F Property To Be Acquired ............................................................ No
GEstimate of Costs ....................................................................... Yes 5
H Estimated Amount of Loan/Bonded Indebtedness....................... No
Sources of Revenue ................................................................... No
J Original Tax Capacity ................................................................. Yes 6
K Amount of Captured Tax Capacity ............................................. Yes 7
L Duration of the District ................................................................ No
M Estimated Impact on Other Taxing Jurisdictions ........................ No
N Modifications of the Tax Increment Financing District ................ No
O Limitation on Administrative Expenses ....................................... No
P Necessary Improvements in the District...................................... No
Q Limitation on Qualification of Property in Tax Increment District
Not Subject to Improvement..................................................... No
R Limitation on the Use of Tax Increment....................................... No
S Notification of Prior Planned Improvements ............................... No
T Excess Tax Increments .............................................................. No
U Requirement for Agreements with the Developer ....................... No
V Assessment Agreements ........................................................... No
W Administration of District and Maintenance of
Tax Increment Account ........................................................... No
X Financial Reporting Requirements ............................................. No
Y Municipal Approval ..................................................................... No
ZCounty Road Costs .................................................................... No
AA Reduction in State Tax Increment Financing Aid ........................ No
EXHIBIT II-A Boundary Map of Tax Increment Financing District No. 03.......... Yes
EXHIBIT II-B Cashflow Analysis and Base Value Analysis............................... No
EXHIBIT II-C Data on Qualifications as a Redevelopment Tax Increment........ Yes
FinancingDistrict......................................................................
EXHIBIT II-D Copy of the Special Act............................................................... No
EXHIBIT II-E Prior Planned Improvements....................................................... No
City of Brooklyn Center, Minnesota
c
D. Description of Property in District No. 03
As per Modification No. 1 S
As of January 2, 1996, TIF District No. 03 encompassed 241 parcels and all adjacent
and interior right-of-ways as identified below:
Site A (Brooklyn Boulevard/69th Area)
27-119-21-33-0005 27-119-21-33-0081
27-119-21-33-0007 27-119-21-33-0082
27-119-21-33-0008 27-119-21-33-0083
27-119-21-33-0010 27-119-21-33-0084
27-119-21-33-0011 27-119-21-33-0085
27-119-21-33-0012 27-119-21-33-0086
27-119-21-33-0013 27-119-21-33-0087
27-119-21-33-0014 27-119-21-33-0088
27-119-21-33-0016 27-119-21-33-0089
27-119-21-33-0017 27-119-21-33-0090
27-119-21-33-0018 27-119-21-33-0091
27-119-21-33-0019 27-119-21-33-0092
27-119-21-33-0020 27-119-21-33-0093
27-119-21-33-0021 27-119-21-33-0094
27-119-21-33-0022 27-119-21-33-0095
27-119-21-33-0023 27-119-21-33-0096
27-119-21-33-0024 27-119-21-33-0099
27-119-21-33-0025 27-119-21-33-0100
27-119-21-33-0026 27-119-21-34-0008
27-119-21-33-0027 28-119-21-41-0124
27-119-21-33-0028 28-119-21-41-0125
27-119-21-33-0046 28-119-21-44-0001
27-119-21-33-0047 34-119-21-21-0003
27-119-21-33-0048 34-119-21-21-0004
27-119-21-33-0049 34-119-21-21-0005
27-119-21-33-0050 34-119-21-21-0006
27-119-21-33-0051 34-119-21-21-0007
27-119-21-33-0052 34-119-21-21-0008
27-119-21-33-0053 34-119-21-21-0009
27-119-21-33-0054 34-119-21-21-0020
27-119-21-33-0055 34-119-21-21-0021
27-119-21-33-0056 34-119-21-21-0022
27-119-21-33-0057 34-119-21-21-0023
27-119-21-33-0058 34-119-21-21-0024
27-119-21-33-0059 34-119-21-21-0027
27-119-21-33-0060 34-119-21-21-0028
27-119-21-33-0061 34-119-21-21-0029
27-119-21-33-0062 34-119-21-21-0030
27-119-21-33-0063 34-119-21-21-0031
27-119-21-33-0064 34-119-21-22-0007
27-119-21-33-0065 34-119-21-22-0008
27-119-21-33-0066
27-119-21-33-0067
27-119-21-33-0069
27-119-21-33-0080
r� SPRINGSTED Page 1
City of Brooklyn Center, Minnesota
Site A (Brooklyn Boulevard/69th Area) (continued)
34-119-21-22-0009 34-119-21-22-0015
34-119-21-22-0010 34-119-21-22-0016
34-119-21-22-0011 34-119-21-22-0017
34-119-21-22-0012 34-119-21-22-0018
Site B (Brookdale Area)
02-118-21-13-0024 03-118-21-14-0034
02-118-21-13-0025 03-118-21-41-0001
02-118-21-13-0026 03-118-21-41-0002
02-118-21-13-0027 03-118-21-41-0013
02-118-21-13-0028 03-118-21-41-0014
02-118-21-13-0029 03-118-21-41-0015
02-118-21-23-0015 03-118-21-41-0016
02-118-21-23-0016 03-118-21-41-0017
02-118-21-23-0017 03-118-21-41-0018
02-118-21-23-0019 03-118-21-41-0019
02-118-21-23-0021 03-118-21-41-0020
02-118-21-23-0022 03-118-21-41-0023
02-11.8-21-24-0019 03-118-21-44-0026
02-118-21-24-0049 03-118-21-44-0030
02-118-21-31-0055 03-118-21-44-0032
02-118-21-31-0056 03-118-21-44-0033
02-118-21-32-0008 03-118-21-44-0034
02-118-21-32-0009 10-118-21-11-0010
02-118-21-32-0010 10-118-21-11-0011
02-118-21-32-0011 10-118-21-12-0001
02-118-21-32-0012 10-118-21-12-0056
02-118-21-42-0004 10-118-21-12-0057
02-118-21-42-0031 10-118-21-13-0003
02-118-21-42-0032 10-118-21-13-0006
02-118-21-42-0033 10-118-21-13-0042
02-118-21-42-0034 10-118-21-13-0051
02-118-21-42-0035 10-118-21-13-0059
03-118-21-14-0001 10-118-21-13-0060
03-118-21-14-0019 10-118-21-13-0061
03-118-21-14-0021 10-118-21-13-0062
03-118-21-14-0022 10-118-21-13-0063
03-118-21-14-0024 10-118-21-13-0064
03-118-21-14-0026 10-118-21-13-0065
03-118-21-14-0030 10-118-21-13-0066
03-118-21-14-0032 10-118-21-13-0067
03-118-21-14-0033 10-118-21-13-0068
Site C (Willow Lane/252 Area)
35-119-21-13-0006 35-119-21-13-0020
35-119-21-13-0011 35-119-21-14-0004
35-119-21-13-0012 35-119-21-14-0008
35-119-21-13-0013 35-119-21-14-0011
35-119-21-13-0019 35-119-21-22-0005
93 SPRINGSTED Page 2
City of Brooklyn Center, Minnesota
Site C (Willow Lane/252 Area) (continued)
36-119-21-13-0079
35-119-21-22-0007 36-119-21-13-0080
35-119-21-22-0008 36-119-21-13-0107
35-119-21-22-0010 36-119-21-13-0108
35-119-21-22-0011 36-119-21-13-0110
35-119-21-22-0051 36-119-21-13-0111
35-119-21-22-0052 36-119-21-13-0112
35-119-21-23-0001 36-119-21-24-0046
35-119-21-23-0002 36-119-21-24-0047
35-119-21-24-0003 36-119-21-31-0011
35-119-21-24-0004 36-119-21-31-0014
35-119-21-24-0005 36-119-21-31-0016
35-119-21-41-0003 36-119-21-31-0017
35-119-21-41-0008 36-119-21-31-0045
35-119-21-41-0014 36-119-21-32-0002
35-119-21-41-0015 36-119-21-32-0006
35-119-21-41-0018 36-119-21-32-0010
35-119-21-41-0019 36-119-21-32-0013
35-119-21-42-0003 36-119-21-32-0056
35-119-21-42-0006 36-119-21-32-0059
35-119-21-42-0010 36-119-21-32-0065
36-119-21-13-0008 36-119-21-32-0066
36-119-21-13-0009 36-119-21-42-0007
36-119-21-13-0010 36-119-21-42-0008
36-119-21-13-0011 36-119-21-42-0009
36-119-21-13-0026 36-119-21-42-0010
36-119-21-13-0027 36-119-21-42-0011
36-119-21-13-0028 36-119-21-42-0012
36-119-21-13-0029 36-119-21-42-0013
36-119-21-13-0030 36-119-21-42-0015
36-119-21-13-0031 36-119-21-42-0016
36-119-21-13-0032 36-119-21-42-0017
36-119-21-13-0033 36-119-21-42-0018
Modification No. 1 hereby eliminates the following six (6) parcels from the TIF District
(all located within Site B/Brookdale Area):
PID Address Name
02-118-21-23-0015 2802 Northway Drive Summerchase
02-118-21-31-0055 N/A Brookdale Parking
02-118-21-31-0056 2501 County Road 10 Kohl's
02-118-21-32-0008 1108 Brookdale Center Brookdale Mall
02-118-21-32-0010 1265 Brookdale Center Penneys Auto Building
03-118-21-44-0026 1297 Brookdale Center Sears
See the map in Exhibit II-A for the location of the TIF District and those six parcels
eliminated by Modification No. 1.
SPRINGSTED Page 3
City of Brooklyn Center, Minnesota
E. Classification of the Tax Increment Financing District
. As per Original TIF Plan
The City and the Authority, in determining the need to create a tax increment financing
district in accordance with Minnesota Statutes, Section 469.174 to 469.179, as
amended, inclusive, finds that District No. 03 to be established is a redevelopment
district pursuant to Minnesota Statutes, Section 469.174, Subdivision 10, as defined
below:
(a) 'Redevelopment district" means a type of tax increment financing district
consisting of a project, or portions of a project, within which the authority finds by
resolution that one of the following conditions, reasonably distributed through the
district, exists:
(1) parcels consisting of 70 percent of the area in the district are occupied by
buildings, streets, utilities, or other improvements and more than 50
percent of the buildings, not including outbuildings, are structurally
substandard to a degree requiring substantial renovation or clearance; or
(2) the property consists of vacant, unused, underused, inappropriately used,
or infrequently used railyards, rail storage facilities, or excessive or
vacated railroad rights-of-way.
(b) For purposes of this subdivision, "structurally substandard" shall mean
containing defects in structural elements or a combination of deficiencies in
• essential utilities and facilities, light and ventilation, fire protection, including
adequate egress, layout and condition of interior partitions, or similar factors,
which defects or deficiencies are of sufficient total significance to justify
substantial renovation or clearance.
A building is not structurally substandard if it is in compliance with the building
code applicable to new buildings or could be modified to satisfy the building code
at a cost of less than 15 percent of the cost of constructing a new structure of the
same square footage and type on the site. The municipality may find that a
building is not disqualified as structurally substandard under the preceding
sentence on the basis of reasonable available evidence, such as the size, type,
and age of the building, the average cost of plumbing, electrical, or structural
repairs or other similar reliable evidence. If the evidence supports a reasonable
conclusion that the building is not disqualified as structurally substandard, the
municipality may make such a determination without an interior inspection or an
independent, expert appraisal of the cost of repair and rehabilitation of the
building...
(c) For purposes of this subdivision, a parcel is not occupied by buildings, streets,
utilities, or other improvements until 15 percent of the area of the parcel contains
improvements.
i
G� SPRINGSTED Page 4
City of Brooklyn Center, Minnesota
As per Modification No. 1
The 235 parcels in the TIF District (after elimination of the six parcels listed in Section D)
have been investigated by City and Authority staff, and each of the three non-contiguous
areas of the TIF District have been found to meet the requirements of a redevelopment
district. A complete report of the findings is located in Exhibit II-C.
As per Original TIF Plan
District No. 03 is created pursuant to the Tax Increment Financing Act and the Special
Act. The Authority intends to implement the Plan in accordance with the terms and
conditions of the Special Act.
G. Estimate of Costs
As per Modification No. 1
The estimated public costs associated with District 03 are adjusted and listed below:
Estimate of Public Costs
Mod. 1
Original Adjusted
Qualified Costs Budget Budget
Land Acquisition
a. Commercial $ 7,000,000 $ 7,000,000
b. Industrial 8,000,000 8,000,000
Public Improvements
a. Streetscape 4,500,000 4,500,000
b. Public Works/Stormwater 3,500,000 3,500,000
Demolition and Relocation 0 0
Site Preparation 0 1,000,000
Administrative, Legal, Engineering, and Consulting Fees 2,900,000 2,900,000
Housing Development Account 5,000,000 5,000,000
Property Acquisition of Multifamily Units
Rehabilitation of Multifamily Units
Acquisition of Blighted Single-Family Housing
Rehabilitation of Blighted Senior Housing
Contingency 1.000.000 0
Total Estimated Project Costs $31.900.000 $31.900.000
As-per Original TIF Plan
Any funds to be expended for off-site improvements outside the boundaries of
District 03, but within the boundaries of Housing Development and Redevelopment
Project No. 1, would be less than 25 percent of total tax increment generated by District
No. 03, including administrative costs, provided that tax increment deposited in the
housing development account may be spent on eligible housing activities located
anywhere in the City, as provided in the Special Act.
® SPRINGSTED Page 5
City of Brooklyn Center, Minnesota
J. Original Tax Capacity
As per Modification No. 1
The Original Net Tax Capacity (ONTC) of the TIF District prior to Modification No. 1 was
$8,079,022. Upon elimination of the six (6) parcels listed in Section D, the ONTC of the
TIF District will be reduced by $3,079,464 to a total of$4,999,558.
The Original Tax Capacity Rates for the TIF District were based on taxes payable in
1995 and are listed according to the location of that portion of the TIF District in each of
the four (4) indicated independent school districts.
Original Net Tax
ISD Capacity Rate
11 136.304%
279 145.044
281 142.099
286 151.763
As per Original TIF Plan
Each year, the Hennepin County Department of Property Tax and Public Records will
measure the amount of increase or decrease in the total tax capacity of District No. 03
• to calculate the tax increment payable to the City and the Authority. In any year in which
there is an increase in total tax capacity in the tax increment financing district above the
annual percentage of annual increase, a tax increment will be payable. In any year in
which the total tax capacity in District No. 03 declines below the original tax capacity, no
additional valuation will be captured and no tax increment will be payable.
The County Auditor shall certify in each year after the date the OTC was certified, the
amount the OTC has increased or decreased as a result of:
1. change in tax-exempt status of property;
2. reduction or enlargement of the geographic boundaries of the district;
3. change due to stipulations, adjustments, negotiated or court-ordered
abatements;
4. change in the use of property and classification; or
5. change in state law governing class rates.
SPRINGSTED Page 6
City of Brooklyn Center, Minnesota
K. Amount of Captured Tax Capacity
As per TIF Plan .
Pursuant to Minnesota Statutes, Section 469.174, Subdivision 4, and Minnesota
Statue, Section 469.177, Subdivision 2, the estimated Captured Net Tax Capacity
(CTC) of District No. 03, upon completion of all phases of the project, will annually
approximate $4,700,000. The City requests 100 percent of the available increase in tax
capacity for repayment of debt and current expenditures.
As Per Modification No. 1
Estimated Total Net Tax Capacity
Upon Project Completion $ 9,699,558
Less: Original Net Tax Capacity (4.999.558)
Estimated Captured Net Tax Capacity $4,700,000
•
r� SPRINGSTED Page 7
Exhibit II-A
Boundary Maps of
Tax Increment District No. 3
r
PROJECT AREA MAP
CITY OF BROOKLYN CENTER
.2
ITE A (BROOKLYN BOULEVARD/69TH AREA)
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Exhibit II-C
Data on Qualifications as a Redevelopment
Tax Increment Financing District
n
pR
•
Brooklyn Center Economic Development Authority
City of Brooklyn Center, Minnesota
Modification No. 2
to the
Tax Increment Financing Plan
for
Tax Increment Financing District No. 3
•
Original Plan Adopted: December 19, 1994
Modification No. 1 Dated: November 6, 1996
Modification No. 2 Dated: November 6, 1996
Prepared by:
SPRINGSTED INCORPORATED
85 E. Seventh Place, Suite 100
• St. Paul, MN 55101-2143
(612) 223-3000
y
•
INTRODUCTION
On December 19, 1994, the City Council of the City of Brooklyn Center and the Board of
Commissioners of the Economic Development Authority (the "Authority") in and for the City of
Brooklyn Center, established Tax Increment Financing District No. 3 (the "TIF District")
pursuant to Minnesota Statutes, Sections 469.001 through 469.047 and Sections 469.124
through 469.179.
Modification No. 1 to the Tax Increment Financing Plan (the "TIF Plan") for the TIF District
involves the elimination of six (6) parcels from the TIF District and an administrative
recategorization of the estimated public costs. •
The current estimated market values and net tax capacity values of the six parcels to be
eliminated from the TIF District have been recently reduced below their original certified values.
Such reductions have been primarily the result of successful tax petitions by selected property
owners.
Since these tax petitions did not result in a corresponding decrease in the original values of
these parcels, it is the City's and EDA's intention to remove these parcels from the TIF District
through Modification No. 1, and then add them back to the TIF District through Modification
No. 2. In this way, the original values of these six parcels will be adjusted downward to their
current level, which the City believes is a fair and consistent representation of the value of these
properties.
i
I
i
TABLE OF CONTENTS
• Changed By
Modification
Section N-9-2 2 Paoe
AStatutory Authority ...................................................................... No
B Statement of Objectives ............................................................. No
C Housing Development and Redevelopment Plan Overview ........ No
D Description of Property in District No. 03 .................................... Yes 1-4
E Classification of the Tax Increment Financing District ................ Yes 4-5
F Property To Be Acquired ............................................................ No
G Estimate of Costs ....................................................................... No
H Estimated Amount of Loan/Bonded Indebtedness....................... No
Sources of Revenue ................................................................... No
J Original Tax Capacity ................................................................. Yes 5-6
K Amount of Captured Tax Capacity ............................................. Yes 6-7
L Duration of the District ................................................................ No
M Estimated Impact on Other Taxing Jurisdictions ........................ No
N Modifications of the Tax Increment Financing District ................ No
O Limitation on Administrative Expenses ....................................... No
P Necessary Improvements in the District...................................... No
• Q Limitation on Qualification of Property in Tax Increment District
Not Subject to Improvement..................................................... No
R Limitation on the Use of Tax Increment....................................... No
S Notification of Prior Planned Improvements ............................... No
T Excess Tax Increments .............................................................. No
U Requirement for Agreements with the Developer ....................... No
V Assessment Agreements ........................................................... No
W Administration of District and Maintenance of
Tax Increment Account ........................................................... No
X Financial Reporting Requirements ............................................. No
YMunicipal Approval ..................................................................... No
ZCounty Road Costs .................................................................... No
AA Reduction in State Tax Increment Financing Aid ........................ No
EXHIBIT II-A Boundary Map of Tax Increment Financing District No. 03.......... Yes
EXHIBIT II-B Cashflow Analysis and Base Value Analysis............................... No
EXHIBIT II-C Data on Qualifications as a Redevelopment Tax Increment........ Yes
FinancingDistrict......................................................................
EXHIBIT II-D Copy of the Special Act............................................................... No
EXHIBIT II-E Prior Planned Improvements....................................................... No
i
•
City of Brooklyn Center, Minnesota
Site A (Brooklyn Boulevard/69th Area) (continued)
• 34-119-21-22-0009 34-119-21-22-0015
34-119-21-22-0010 34-119-21-22-0016
34-119-21-22-0011 34-119-21-22-0017
34-119-21-22-0012 34-119-21-22-0018
Site B (Brookdale Area)
02-118-21-13-0024 03-118-21-14-0034
02-118-21-13-0025 03-118-21-41-0001
02-118-21-13-0026 03-118-21-41-0002
02-118-21-13-0027 03-118-21-41-0013
02-118-21-13-0028 03-118-21-41-0014
02-118-21-13-0029 03-118-21-41-0015
02-118-21-23-0015 03-118-21-41-0016
02-118-21-23-0016 03-118-21-41-0017
02-118-21-23-0017 03-118-21-41-0018
02-118-21-23-0019 03-118-21-41-0019
02-118-21-23-0021 03-118-21-41-0020
02-118-21-23-0022 03-118-21-41-0023
02-118-21-24-0019 03-118-21-44-0026
02-118-21-24-0049 03-118-21-44-0030
02-118-21-31-0055 03-118-21-44-0032
02-118-21-31-0056 03-118-21-44-0033
02-118-21-32-0008 03-118-21-44-0034
• 02-118-21-32-0009 10-118-21-11-0010
02-118-21-32-0010 10-118-21-11-0011
02-118-21-32-0011 10-118-21-12-0001
02-118-21-32-0012 10-118-21-12-0056
02-118-21-42-0004 10-118-21-12-0057
02-118-21-42-0031 10-118-21-13-0003
02-118-21-42-0032 10-118-21-13-0006
02-118-21-42-0033 10-118-21-13-0042
02-118-21-42-0034 10-118-21-13-0051
02-118-21-42-0035 10-118-21-13-0059
03-118-21-14-0001 10-118-21-13-0060
03-118-21-14-0019 10-118-21-13-0061
03-118-21-14-0021 10-118-21-13-0062
03-118-21-14-0022 10-118-21-13-0063
03-118-21-14-0024 10-118-21-13-0064
03-118-21-14-0026 10-118-21-13-0065
03-118-21-14-0030 10-118-21-13-0066
03-118-21-14-0032 10-118-21-13-0067
03-118-21-14-0033 10-118-21-13-0068
Site C (Willow Lane/252 Area)
35-119-21-13-0006 35-119-21-13-0020
35-119-21-13-0011 35-119-21-14-0004
35-119-21-13-0012 35-119-21-14-0008
• 35-119-21-13-0013 35-119-21-14-0011
35-119-21-13-0019 35-119-21-22-0005
i1'� SPRINGSTED Page 2
City of Brooklyn Center, Minnesota
Site C (Willow Lane/252 Area) (continued)
36-119-21-13-0079 •
35-119-21-22-0007 36-119-21-13-0080
35-119-21-22-0008 36-119-21-13-0107
35-119-21-22-0010 36-119-21-13-0108
35-119-21-22-0011 36-119-21-13-0110
35-119-21-22-0051 36-119-21-13-0111
35-119-21-22-0052 36-119-21-13-0112
35-119-21-23-0001 36-119-21-24-0046
35-119-21-23-0002 36-119-21-24-0047
35-119-21-24-0003 36-119-21-31-0011
35-119-21-24-0004 36-119-21-31-0014
35-119-21-24-0005 36-119-21-31-0016
35-119-21-41-0003 36-119-21-31-0017
35-119-21-41-0008 36-119-21-31-0045
35-119-21-41-0014 36-119-21-32-0002
35-119-21-41-0015 36-119-21-32-0006
35-119-21-41-0018 36-119-21-32-0010
35-119-21-41-0019 36-119-21-32-0013
35-119-21-42-0003 36-119-21-32-0056
35-119-21-42-0006 36-119-21-32-0059
35-119-21-42-0010 36-119-21-32-0065
36-119-21-13-0008 36-119-21-32-0066
36-119-21-13-0009 36-119-21-42-0007
36-119-21-13-0010 36-119-21-42-0008
36-119-21-13-0011 36-119-21-42-0009 •
36-119-21-13-0026 36-119-21-42-0010
36-119-21-13-0027 36-119-21-42-0011
36-119-21-13-0028 36-119-21-42-0012
36-119-21-13-0029 36-119-21-42-0013
36-119-21-13-0030 36-119-21-42-0015
36-119-21-13-0031 36-119-21-42-0016
36-119-21-13-0032 36-119-21-42-0017
36-119-21-13-0033 36-119-21-42-0018
Modification No. 1 hereby eliminates the following six (6) parcels from the TIF District
(all located within Site.B/Brookdale Area):
PID Address Name
02-118-21-23-0015 2802 Northway Drive Summerchase
02-118-21-31-0055 N/A Brookdale Parking
02-118-21-31-0056 2501 County Road 10 Kohl's
02-118-21-32-0008 1108 Brookdale Center Brookdale Mail
02-118-21-32-0010 1265 Brookdale Center Penneys Auto Building
03-118-21-44-0026 1297 Brookdale Center Sears
See the map in Exhibit II-A for the location of the TIF District and those six parcels
eliminated by Modification No. 1.
SPRINGSTED Page 3
City of Brooklyn Center, Minnesota
As per Modification No 2
Modification No. 2 hereby adds the following six (6) parcels to the TIF District (all
• located within Site B/Brookdale Area):
PID Address Name
02-118-21-23-0015 2802 Northway Drive Summerchase
02-118-21-31-0055 N/A Brookdale Parking
02-118-21-31-0056 2501 County Road 10 Kohl's
02-118-21-32-0008 1108 Brookdale Center Brookdale Mall
02-118-21-32-0010 1265 Brookdale Center Penneys Auto Building
03-118-21-44-0026 1297 Brookdale Center Sears
See the map in Exhibit II-A for the location of the TIF District and those six parcels
added by Modification No. 2.
E. Classification of the Tax Increment Financing District
As per Original TIF Plan -
The City and the Authority, in determining the need to create a tax increment financing
district in accordance with Minnesota Statutes, Section 469.174 to 469.179, as
amended, inclusive, finds that District No. 03 to be established is a redevelopment
• district pursuant to Minnesota Statutes, Section 469.174, Subdivision 10, as defined
below:
(a) "Redevelopment district" means a type of tax increment financing district
consisting of a project, or portions of a project, within which the authority finds by
resolution that one of the following conditions, reasonably distributed through the
district, exists:
(1) parcels consisting of 70 percent of the area in the district are occupied by
buildings, streets, utilities, or other improvements and more than 50
percent of the buildings, not including outbuildings, are structurally
substandard to a degree requiring substantial renovation or clearance; or
(2) the property consists of vacant, unused, underused, inappropriately used,
or infrequently used railyards, rail storage facilities, or excessive or
vacated railroad rights-of-way.
(b) For purposes of this subdivision, "structurally substandard" shall mean
containing defects in structural elements or a combination of deficiencies in
essential utilities and facilities, light and ventilation, fire protection, including
adequate egress, layout and condition of interior partitions, or similar factors,
which defects or deficiencies are of sufficient total significance to justify
substantial renovation or clearance.
A building is not structurally substandard if it is in compliance with the building
code applicable to new buildings or could be modified to satisfy the building code
• at a cost of less than 15 percent of the cost of constructing a new structure of the
same square footage and type on the site. The municipality may find that a
SPRINGSTED Page 4
City of Brooklyn Center, Minnesota
building is not disqualified as structurally substandard under the preceding
sentence on the basis of reasonable available evidence, such as the size, type,
and age of the building, the average cost of plumbing, electrical, or structural •
repairs or other similar reliable evidence. If the evidence supports a reasonable
conclusion that the building is not disqualified as structurally substandard, the
municipality may make such a determination without an interior inspection or an
independent, expert appraisal of the cost of repair and rehabilitation of the
building...
(c) For purposes of this subdivision, a parcel is not occupied by buildings, streets,
utilities, or other improvements until 15 percent of the area of the parcel contains
improvements.
As per Modification No. 1
The 235 parcels in the TIF District (after elimination of the six parcels listed in Section D)
have been investigated by City and Authority staff, and each of the three non-contiguous
areas of the TIF District have been found to meet the requirements of a redevelopment
district. A complete report of the findings is located in Exhibit 11-C.
As per Modification No. 2
The 241 parcels in the TIF District (after addition of the six parcels listed in Section D)
have been investigated by City and Authority staff, and each of the three non-contiguous
areas of the TIF District have been found to meet the requirements of a redevelopment •
district. A complete report of the findings is located in Exhibit II-C.
As per Original TIF Plan
District No. 03 is created pursuant to the Tax Increment Financing Act and the Special
Act. The Authority intends to implement the Plan in accordance with the terms and
conditions of the Special Act.
J. Original Tax Capacity
As per Modification No. 1
The Original Net Tax Capacity (ONTC) of the TIF District prior to Modification No. 1 was
$8,079,022. Upon elimination of the six (6) parcels listed in Section D, the ONTC of the
TIF District will be reduced by $3,079,464 to a total of$4,999,558.
As per Modification No. 2
The Original Net Tax Capacity (ONTC) of the TIF District prior to Modification No. 1 is
calculated at $4,999,558. Upon addition of the six (6) parcels listed in Section D, the
ONTC of the TIF District will be increased by $1,811,623 to a total of$6,811,181.
I
U SPRINGSTED Page 5
City of Brooklyn Center, Minnesota
As per Modification No. 1
• The Original Tax Capacity Rates for the TIF District were based on taxes payable in
1995 and are listed according to the location of that portion of the TIF District in each of
the four (4) indicated independent school districts.
Original Net Tax
ISD Capacity Rate
11 136.304%
279 145.044
281 142.099
286 151.763
As per Original TIF Plan
Each year, the Hennepin County Department of Property Tax and Public Records will
measure the amount of increase or decrease in the total tax capacity of District No. 03
to calculate the tax increment payable to the City and the Authority. In any year in which
there is an increase in total tax capacity in the tax increment financing district above the
annual percentage of annual increase, a tax increment will be payable. In any year in
which the total tax capacity in District No. 03 declines below the original tax capacity, no
additional valuation will be captured and no tax increment will be payable.
The County Auditor shall certify in each year after the date the OTC was certified, the
• amount the OTC has increased or decreased as a result of:
1. change in tax-exempt status of property;
2. reduction or enlargement of the geographic boundaries of the district;
3. change due to stipulations, adjustments, negotiated or court-ordered
abatements;
4. change in the use of property and classification; or
5. change in state law governing class rates.
K. Amount of Captured Tax Capacity
As per Original TIF Plan
Pursuant to Minnesota Statutes, Section 469.174, Subdivision 4, and Minnesota
Statutes, Section 469.177, Subdivision 2, the estimated Captured Net Tax Capacity
(CTC) of District No. 03, upon completion of all phases of the project, will annually
approximate $4,700,000. The City requests 100 percent of the available increase in tax
capacity for repayment of debt and current expenditures.
As Per Modification No 1
Estimated Total Net Tax Capacity
Upon Project Completion $ 9,699,558
Less: Original Net Tax Capacity (4.999.558)
• Estimated Captured Net Tax Capacity $4,700,000
r� SPRINGSTED Page 6
City of Brooklyn Center, Minnesota
As Per Modification No. 2
Estimated Total Net Tax Capacity .
Upon Project Completion $11,511,181
Less: Original Net Tax Capacity (6.811.181)
Estimated Captured Net Tax Capacity $ 4,700,000
i
i
� I
rr� SPRINGSTED Page 7
Exhibit II-A
i
Boundary Maps of
Tax Increment District No. 3
.. .. .. . v ✓ b . L`L/, ..IL , I i .1, •L., AA-LJLr LLIJf viG,V t (-ftlJ'[t, l .VU. U I
PROJECT AREA MAP
CITY OF BROOKLYN CENTER
� � • � S e y • Y i ! ? T Y � Y S t = Y Y ! S : � S � a 2 �
s: VI:l"W g�: TH-11 i c��f � y g?d " ; a-*� '�,�{ _s :agu��$ s�338 :A:$°S ' s
g 4q yy * ? b
9 to C a.Y 1 �1t i, i ?CS 3..:..� °:, s a _ ,. Z-34 L�:.�3$ 33 ...: •
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Exhibit II-C
Data on Qualifications as a Redevelopment
Tax Increment Financing District
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