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HomeMy WebLinkAbout2002-04 PCR Member Newman introduced the following resolution and moved its adoption: PLANNING COMMISSION RESOLUTION NO. 2002 -04 RESOLUTION REGARDING THE RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2002 -015 SUBMITTED BY SPECTACULAR ELECTRONIC ADVERTISING (ON BEHALF OF BROOKDALE CENTER) WHEREAS, City Council Resolution No. 99 -37 adopted on March 8, 1999, approved a rezoning from C -2 (Commerce) to PUD /C -2 (Planned Unit Development /Commerce) of the Brookdale Regional Shopping Center; and WHEREAS, that Planned Unit Development (PUD) proposal also included development plan approval for the expansion, redevelopment and rejuvenation of the Brookdale Regional Shopping Center; and WHEREAS, that approval allowed two freestanding signs up to 320 sq. ft. in area along T.H. 100 based on the uniqueness of the size, diversity of uses and significance of Brookdale Mall. The balance of signery for the Brookdale Mall was subject to Chapter 34 of the City Ordinances; and WHEREAS, Planning Commission Application No. 2002 -015 requesting a Planned Unit Development amendment to allow certain signs at Brookdale Center to exceed the number, height, area and display features authorized as part of the Brookdale Planned Unit Development and the Sign Ordinance has been submitted by Spectacular Electronic Advertising on behalf of Brookdale Center; and WHEREAS, the Planning Commission held a duly called public hearing on September 12, 2002 when a staff report and public testimony regarding the Planned Unit Development amendment were received; and WHEREAS, the Planning Commission considered the Planned Unit Development 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 of the City's Zoning Ordinance, the City's Sign Ordinance and the City's Comprehensive Plan. NOW, THEREFORE, BE IT RESOLVED by the Planning Advisory Commission of the City of Brooklyn Center to recommend to the City Council that Application No. 2002 -015 submitted by Spectacular Electronic Advertising on behalf of Brookdale Center, be denied in light of the following considerations: Page 1 1. The proposed PUD amendment is not compatible with the Policy and Review Guidelines contained in Section 35 -208 of the City Ordinances in the following ways: a. No clear and public need or benefit has been shown by the proposal nor is there a broad public purpose evident. b. The proposed PUD amendment does not demonstrate merit beyond the interests of the owner or applicant. C. The signs currently authorized for the site by the PUD and Sign Ordinance are considered appropriate given the size, configuration, topography and location of Brookdale Center. 2. The proposed PUD amendment is not consistent with Section 35 -355 of the City Ordinances in the following ways: a. The signs currently authorized for this site by the PUD and Sign Ordinance are considered appropriate and consistent with Section 34 -100, STATEMENT OF PURPOSE in the City's Sign Ordinance by providing necessary visual communication for Brookdale. Additional modifications are not warranted. b. Flashing, chasing or motion signs as proposed could create or encourage safety problems on the streets and highways within the City of Brooklyn Center by causing distractions to motorists. C. Off premise advertising signs are specifically prohibited by the Sign Ordinance. The applicant has not shown that their proposal offers sufficient mitigating circumstances to modify this sign limitation. 3. To allow sign modifications for the Brookdale Center that are not justified on the basis of the standards, purposes and intent of the PUD section of ordinance would establish an undesirable precedent that could allow other commercial establishments to have similar signs that are contrary to the City's Sign Ordinance. 4. The signs previously authorized for Brookdale Center are currently competitive with other comparable regional shopping centers such as Ridgedale, Southdale, Rosedale and the Mall of America. Page 2 5. The modifications proposed go well beyond the scope of the PUD amendment process, requiring a fundamental policy change in the City Ordinances that would normally be initiated by the City Council. Cs" - S=tember 12, 2002 Date Chair Pro Tern ATTEST C� • G-�-�' Secretary The motion for the adoption of the foregoing resolution was duly seconded by member Reem and upon vote being taken thereon, the following voted in favor thereof: Commissioner Boeck, Erdmann, Newman and Reem and the following voted against the same: whereupon said resolution was declared duly passed and adopted. Page 3