HomeMy WebLinkAbout2002 09-12 PCP •
PLANNING COMMISSION AGENDA
CITY OF BROOKLYN CENTER
SEPTEMBER 12, 2002
REGULAR SESSION
1. Call to Order: 7:30 p.m.
2. Roll Call
3. Approval of Minutes - August 28, 2002
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 in
these matters.
• 5. Spectacular Electronic Advertising 2002 -015
Request for 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.
6. Other Business
7. Adjournment
• Application Filed on 8 -15 -02
City Council Action Should Be
Taken By 10 -14 -02 (60 Days)
Planning Commission Information Sheet
Application No. 2002 -015
Applicant: Spectacular Electronic Advertising
Location: Brookdale Center
Request: Planned Unit Development Amendment
The applicant, Spectacular Electronic Advertising on behalf of Brookdale Center, is seeking a
Planned Unit Development (PUD) amendment to allow certain signs at Brookdale Center that
would exceed the number, height, area and display features authorized as part of the Brookdale
Planned Unit Development and the Sign Ordinance. The property in question is zoned PUD /C -2
(Planned Unit Development/Commerce) and is bounded on the north by County Road 10; on the
east and southeast by T.H. 100; and on the west by Xerxes Avenue North.
A Planned Unit Development rezoning from C -2 (Commerce) to PUD /C -2 of the Brookdale
Regional Shopping Center was approved by the City Council under Resolution No. 99 -37 on
March 8, 1999. Attached for the Commission's review is a copy of that resolution containing the
various findings, considerations and conditions of approval for that proposal, which consisted of
the rezoning of the property and development plan approval for the expansion, redevelopment
• and rejuvenation of Brookdale Center.
Condition No. 7 of the approval (found on the 4th page) states that the plan approval is exclusive
of all signery, which is subject to Chapter 34 of the City Ordinances with the exception of
allowing two freestanding signs up to 320 sq. ft. in area along T.H. 100.
The applicant is requesting a Planned Unit Development amendment for exceptions to the
approved PUD and the Sign Ordinance in order to be allowed to erect:
1. Two 3 -sided freestanding signs to be located along T.H. 100, each of which
would be 55 ft. high, approximately 650 sq. ft. in area per face, contain a
flashing/chasing or motion message and may also contain off premise advertising.
2. One 3 -sided freestanding sign (to replace the existing freestanding sign) located
on County Road 10 at the Northway Drive entrance, which would be 32 ft. high,
approximately 281 sq. ft. in area, contain a flashing/chasing or motion message
and may also contain off premise advertising.
The City's Sign Ordinance regulates the type, number, structure, size, location, height, lighting
and the erection and maintenance of all outdoor signs and sign structures within the city. Per the
Sign Ordinance, Brookdale is allowed outdoor signery for commercial uses located in a C -2
zone. For freestanding signs, which are the subject of this PUD amendment, Brookdale, under
• 9 -12 -02
Page 1
the Sign Ordinance, is entitled to one freestanding sign along each street frontage that exceeds •
400 ft. (3 -T.H. 100, County Road 10 and Xerxes Avenue). Each sign cannot exceed 250 sq. ft.
in area and 32 ft. in height. Brook-dale's PUD rezoning authorized two freestanding signs along
T.H. 100 not to exceed 320 sq. ft. in area. The finding or justification outlined in Resolution No.
99 -37 (found on the third page of the resolution) for this modification from the Sign Ordinance
was the "uniqueness of the size, diversity of uses and significance of Brookdale Mall. The
Planning Commission report that is part of the PUD record cited the fact that the amount of
frontage Brookdale had on T.H. 100 exceeded 3,500 lineal feet and that, given the amount of
street frontage, it seemed reasonable to allow two freestanding signs along the T.H. 100 right of
way. The 320 sq. ft. maximum size equals the largest allowable square footage for any sign
authorized by the Sign Ordinance, that being a "new project identification sign" for a project
with a land area over 10 acres. The size of Brookdale and the unique nature of the regional
shopping center were basically the justification for the modification to allow two 320 sq. ft. signs
along T.H. 100 rather than one 250 sq. ft. sign.
As the Commission is aware, the PUD process involves a rezoning of land to the PUD
designation followed by an alpha - numeric designation of the underlying zoning district. This
underlying zoning district provides the regulations governing uses and structures within the
Planned Unit Development. The rules and regulations governing that district (in this case C -2)
apply to the development proposal unless the City determines that another standard or use would
be appropriate given mitigating circumstances that are offset by the plans submitted by the
developer. One of the purposes of the PUD district is to give the City Council the needed
flexibility in addressing development and redevelopment problems. •
Regulations governing uses and structures may be modified by conditions ultimately imposed by
the City Council on the development plans. The PUD process involves a rezoning of land and,
therefore, is subject to meeting the City's Rezoning Evaluation Policy and Review Guidelines
that are contained in Section 35 -208 of the City's Zoning Ordinance. Also, proposals must be
consistent with Section 35 -355 of the City's Zoning Ordinance, which addresses Planned Unit
Developments. Attached for the Commission's review are copies o Section 35 -208 and 35 -355
of the City's Zoning Ordinance for review. As mentioned previously, the City Council adopted a
resolution approving the overall PUD for the Brookdale redevelopment. That resolution
contained the various findings and considerations necessary for approving that PUD. For the
most part, these findings and considerations were made given the applicant's proposed use and
this proposed amendment is to deviate further from the modifications already allowed for signery
on the site. Any approval of the PUD amendment should acknowledge compatibility with the
Policy and Review Guidelines of the previously mentioned Section 35 -208 and also the
provisions of Section 35 -355 of the Zoning Ordinance. Attached is a copy of the site plan for the
Brookdale Planned Unit Development showing the proposed locations of signs contemplated in
this PUD amendment. The proposed amendment must be consistent and compatible with
surrounding land uses in the area. The proposed amendment should be offset by factors related
to the development. Also, the overall development must be a reasonable use of the property and
be considered to be in the best interest of the community.
9-12-02 •
Page 2
I
Signery proposals for PUD's are for the most part not part of the development plans. However,
proposed modifications to the Sign Ordinance can be considered provided these modifications
are consistent with the PUD approval and are appropriate given mitigating circumstances that are
I offset by the plans of the development proposal. As previously mentioned, Brookdale's PUD
approval authorized two freestanding signs up to 320 sq. ft. in area on Brookdale's property
along T.H. 100. The rest of the signery was to be consistent with the City's Sign Ordinance
(Chapter 34).
Specific sections of the Sign Ordinance that affect the applicant's proposal are the following
(attached):
Section 34 -100. STATEMENT OF PURPOSE. The purpose of this ordinance is to
protect and promote the public health, safety, and welfare within the City by the
establishment of comprehensive standards, regulations and procedures governing the
erection, use or display of devices serving as visual communications media; to promote
and preserve aesthetics within the City; to preserve the residential character of residential
neighborhoods; to preserve order and cleanliness; to avoid the appearance of clutter; to
avoid litter and the growth of weeds around signs; to provide for necessary visual
communication, to preserve and promote a pleasant physical environment, to protect
public and private property, and to encourage safety upon the streets and highways within
the City of Brooklyn Center by preserving sight lines and reducing distractions to
• motorists; and to reduce administrative burdens by regulating the type, number, structure,
i size, location, height, lighting and the erection and maintenance of all outdoor signs and
sign structures within said City. The City Council finds that off premise advertising signs
constitute traffic safety hazards and are unattractive. The provisions of this chapter
regulating off premise advertising signs are consistent with other efforts within the City
to enhance aesthetics and promote traffic safety, such as regulations pertaining to solid
waste disposal, anti littering and traffic safety.
Section 34 -110 DEFINITIONS.
Off Premise Advertising Sign (Billboard). A sign that directs attention to
a business, commodity, service, or entertainment not exclusively related to the
premises on which the sign is located or to which it is affixed.
Sign — Any publicly displayed message bearing device for visual
communication or any attention attracting device that is used primarily for the
purpose of bringing the subject thereof to the attention to the public including any
banner, pennant, symbol, valance or similar display.
Sign, Flashing — Any illuminated sign on which the artificial light or color
is not maintained at a constant intensity or color when such sign is in use, except
for that portion of a sign providing public service information such as time,
weather, date, temperature or similar information.
• 9 -12 -02
Page 3
Sign, Structure — The supports, uprights, bracing and framework for a sign
including the sign surface itself. In the case of a wall sign, the sign surface
constitutes the sign structure. In the case of a sign structure consisting of two or i
more sides, where the interior angle formed between any of the sides exceeds 15
degrees each side shall be considered a separate sign structure.
Section 34 -130. PROHIBITED SIGNS.
4. Flashing signs including indoor signs which are visible from the public
streets.
5. With the exception of search lights which may be approved in conjunction
with an administrative permit as provided in Section 35 -800 of the City
Ordinances, no rotating beam, beacon or flashing illumination shall be
used in conjunction with any display.
11. Off premise advertising signs except as otherwise permitted by Section 34
—.140 and Section 35 -800 of the City Ordinances. Signs advertising a
business no longer operating on the premises shall be deemed off premise
advertising signs and must be abated in accordance with Section 34-
140.1j.
The modifications to the PUD or Sign Ordinance that must be made to approve the applicant's
request are the following:
1. Allow a three faced sign which by Sign Ordinance definition is considered three
separate signs. The applicant's request is for, in effect, nine signs at three
separate locations that are only allowed to have a single sign. It should be noted
that a two faced (back to back) sign is considered a single sign provided the
interior angle formed between the sides of the sign do not exceed 15 degrees.
2. Allow a flashing sign to accommodate the chasing message or motion sign
proposed for the lower portion of the sign containing the running message.
3. Allow an approximate 650 sq. ft. sign area (per face) rather than the 320 sq. ft.
sign area for the two signs along T.H. 100, which were allowed by the PUD
approval.
4. Allow 55 ft. high signs rather than the maximum 32 ft. high signs along T.H. 100
which are authorized by the Sign Ordinance.
5. Allow an approximate 281 sq. ft. sign area (per face) rather than the 250 sq. ft.
sign area for the proposed new sign at the County Road I O/Northway Drive
entrance.
9 -12 -02 •
Page 4
• 6. Allow for the otential that these sips would include off remise advertising P � P g( or
a billboard) as proposed by the applicant and prohibited under the Sign
Ordinance.
The applicant has submitted their written request (attached) along with a site plan of Brookdale
showing the location for the three 3 -sided signs. They list 14 reasons why the City should give
consideration to their requested sign expansions. Basically, they argue that more numerous,
bigger, taller, flashier, more visible signs are necessary for Brookdale. They incorrectly point
out that no signs have been approved to be installed on County Road 10 (there is one at the
County Road 10/Northway Drive entrance). They add that their proposal will eliminate
instances that individual businesses will apply for their own signs avoiding a " hodge podge or
clutters of unsightly signs on the mall property ". It should be noted that the Sign Ordinance
limits freestanding signs to collectively identifying tenants or the complex. Wall signs are
currently limited to collective or tenant identification as well and can only be allowed up to ten
percent of the wall area. We do not anticipate a proliferation of freestanding signs or wall signs
at Brookdale given the current Sign Ordinance requirements and Brookdale's own sign
regulations only allow selective tenants to have exterior signage on the building. Again, no
anticipated proliferation of signs is ever expected at Brookdale nor would they be allowed.
Argument No. 10 made by the applicant might be considered disturbing given the City's
Statement of Purpose in its Sign Ordinance. I don't know that it is desirable to establish
• "landmark signs in the area and will become a standard for others to meet or beat ". It is arguable
that this will "dramatically improve the signs in the area ". If the City allows larger, higher,
flashier and off premise advertising signs without an appropriate Planned Unit Development
finding and justification, we will constantly be faced with and challenged by other commercial
establishments that think they need comparable signs to be competitive (especially with
Brookdale). Such a challenge could be successful if our findings are not adequate and
supportable.
The applicant also cites competition with Ridgedale Mall which has a very large sign. They note
that to effectively compete with them, it is imperative that Brookdale have adequate signage in
order to be able to maintain itself as a viable business.
A quick review of the Sign Ordinances and regulations for other regional malls such as
Minnetonka ( Ridgedale), Edina (Southdale), Bloomington (Mall of America and Southtown
Center) and Roseville (Rosedale) indicates that Brookdale signery is already competitive, and in
fact in many cases, exceeds allowable signery at these major retail centers even without the
expanded signs allowed by the Brookdale PUD. Ridgedale is governed by a covenant agreed to
between the developer and the City of Minnetonka, which regulates outside signs, both
freestanding and wall signs. Freestanding signery at the center is allowed only to have the words
" Ridgedale Center" and no other tenant or business identification is allowed on the freestanding
signs. Major stores and restaurants are allowed wall identification signs only. Minnetonka does
not permit motion or running signs and no billboards or off premise advertising signs are
• 9 -12 -02
Page 5
allowed. Three sided signs are considered to be separate signs. The freestanding signs allowed •
for Ridgedale are on 394 and Plymouth Road. The 394 sign is approximately 400 sq. ft. in area.
In Edina, Southdale Center is allowed signery the same as other commercial establishments in
that zoning district. Wall signs are allowed to be up to 15 percent of the wall area. One
freestanding sign not to exceed 100 sq. ft. in area is allowed to identify Southdale Center on one
street frontage. A second freestanding sign not to exceed of 50 sq. ft. in area is allowed on
another frontage. The maximum height of these signs is 20 ft. No motion or running signs are
allowed and billboards or off premise advertising signs are not allowed as well.
In Bloomington, the Mall of America signery is considered separate from the Bloomington Sign
Ordinance. The allowable signs are as approved in the development agreement. On the north
and south sides of the mall are freestanding signs and also freestanding letters on ground.
The major tenants such as Nordstrom's, Bloomingdale's, etc. are allowed wall signs, the rest of
the tenants are allowed no exterior signs either wall or freestanding. No motion signs or off
premise advertising signs (other than pre- existing signs) are allowed in Bloomington. A three
sided sign would be considered to be more than one sign. It is the opinion of the Bloomington
staff that large, chasing, motion or running signs don't attract more business and that these signs
don't make the centers more competitive. They also added that the Mall of America has
surprisingly few signs.
In Roseville, Rosedale is not considered a special exception but rather is allowed the same •
signery allowed for other commercial establishments located in the same zoning districts.
Rosedale is allowed freestanding signs on major frontage such as Hwy 36, County Road B2,
Fairview and Snelling. The size of the sign is limited to 100 sq. ft. in area and no higher than 20
ft. Currently they have two such signs. Chasing, motion, or flashing signs are not allowed in
Roseville and billboards or off premise advertising signs other than existing non - conforming
signs are prohibited.
Certainly, Brookdale's allowable signery is competitive with the major shopping centers in these
four other communities.
PROCEDURE
As pointed out previously, this proposal is an amendment to the Planned Unit Development
approval granted for the Brookdale Regional Shopping Center. As a Planned Unit Development
amendment, the proposal is required to follow the procedures required for the original Planned
Unit Development. This requires a public hearing, which has been scheduled. Notices of the
Commission's consideration have been sent and a notice has been published in the Brooklyn
Center Sun/Post.
The Planning Commission must decide if the applicant's proposed PUD amendment to allow
certain signs at Brookdale to exceed the number, height, area and display features authorized as
9 -12 -02 •
Page 6
• part of the Planned Unit Development or by the Sign Ordinance is consistent with and
compatible with the Planned Unit Development section of the City Ordinances. The
Commission may wish to discuss various aspects of the proposal and to what extent such
amendments may be considered appropriate. Concern is expressed especially with allowing
flashing or chasing messages particularly along T.H. 100 and the authorizing of off premise
advertising signs. These signs specifically seem inconsistent with the statement of purpose
outlined in Section 34 -100 of the Sign Ordinance. Also, the question of the number of signs is
important. Interpreting the ordinance to allow three sided signs as one sign should be reviewed
carefully. The question of height and area may be debatable.
The Planning Commission is also cautioned that to allow modifications to the PUD that are not
justified or cannot be considered compatible with the PUD approval, could potentially lead to
challenges opening the door for off premise advertising signs, flashing signs and much larger
signs at other commercial locations.
A draft Planning Commission Resolution will be prepared outlining the Commission's
consideration of this matter and contain necessary considerations and conditions for a
recommended approval, approval in part, denial or denial in part.
E •
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9 -12 -02
Page 7
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Member KaY Lasman introduced the following resolution and moved its
adoption:
RESOLUTION NO. 99 -37
RESOLUTION REGARDING DISPOSITION OF PLANNING COMMISSION
APPLICATION NO. 99001 SUBM[TTED BY TALISMAN BROOKDALE, LLC.
WHEREAS, Planning Commission Application No. 99001 submitted by Talisman
Brookdale, LLC proposes a rezoning from C -2 (Commerce) to PUD /C 2 of the Brookdale
Regional Shopping Center which is bounded on the north by County Road 10, on the. east and
south by T. H. 100 and on the west by Xerxes Avenue North; and .
WHEREAS, this proposal comprehends the rezoning of the above mentioned
property and site and building plan approval for the expansion, redevelopment and rejuvenation
of the Brookdale Regional Shopping Center to include the following;
1. The reconfiguration of the west end of mall including an 89,650 sq. ft.
second floor to include a 20 screen, 4,252 seat theater;
• 2. An approximate 13,200 sq. ft. addition to the north entrance to the mall for
two restaurant sites;
3.. An approximate 13,000 sq. ft. addition for general retail use and revised
mall entry way along the southerly side of the complex adjacent to
Dayton's;
4. A 4,650 sq. ft. freestanding Applebee's restaurant building along Xerxes
Avenue North, northerly of the 56th Avenue entrance to the Brookdale
Center;
5. Conceptual approval, subject to further Planning Commission and City
Council review and approval, of four additional freestanding restaurant
and/or retail buildings to be located around the perimeter of the shopping
center; and
WHEREAS, the Planning Commission held a duly called public hearing on
February 25, 1999, when a staff report and public testimony regarding the rezoning and site and
building plan were received; and
WHEREAS, the Planning Commission recommended approval of Application No.
• 99001 by adopting Planning Commission Resolution No. 99-02 on February 25, 1999; and
RESOLUTION NO. 99 -37
WHEREAS, the City Council considered Application No. 99001 at its March 8,
1999 meeting; and
WHEREAS, the City Council considered the 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, the City's Comprehensive Plan and the Planning
Commission's recommendation.
NOW, THMUTORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center to approve Application No. 99001 submitted by Talisman Brookdale, LLC in
light of the following considerations:
1. The rezoning and Planned Unit Development proposal are compatible with
the standards, purposes and intent of the Planned Unit Development section
of the City's Zoning Ordinance and will allow for the redevelopment and
rejuvenation of the Brookdale Regional Mall which is a unique development •
within the City of Brooklyn Center and whose viability is considered to be
vital to -the stabilization of other commercial properties within the
community.
2. The rezoning and Planned Unit Development-proposal will allow for the
utilization of the land in question in a manner which is compatible with,
complimentary to and of comparable intensity to adjacent land uses as well
as those permitted on surrounding land.
3. The utilization of the property as proposed under the rezoning and Planned
Unit Development proposal will conform with ' ordinance standards for
the most part with the exception of the following allowed variations from
the zoning ordinance which are considered reasonable standards to apply to
this proposal:
• Allow 5 ft. rather than 15 ft. greeenstrips at certain locations where
an appropriate 3 to 3 1 /z ft. high decorative masonry wall shall be
installed to offset negative effects (this standard has been allowed in
other areas within the city).
RESOLUTION NO. 99 -37
• Allow a 35 ft., or non -major thoroughfare setback for certain out
building locations based on variances that have been allowed for
other commercial buildings
along mayor thoroughfares and seem
appropriate in this location as well.
• Allow a 4.5 parking spaces per 1,000 sq. ft. of gross leasable area
rather than the 5.5 parking spaces per 1,000 sq. ft. of gross floor
area required based on the shared parking analysis provided and on
Urban Land Institute Methodology indicating a maximum of 5,133
parking spaces as being needed for the Brookdale Mall given the
mix of uses and square footages proposed in order to meet the
maxim weekday and weekend hourly demand, which is also in
keeping with at least two major regional malls in the area.
• Allow the 60 ft. wide parking dimension standard for 9Q degree
parking rather than the 63 ft. required separation based on the fact
• that Brookdale has previously been allowed to have the 60 ft.
parking standard and it appears that it would work in this situation.
• Allow 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.
• Allow an increase from 15 percent to 20 percent of the allowable
restaurant use without requiring additional parking at Brookdalo
based on the uniqueness of Brookdale, the mix of uses and dynamics
of multiple stops per person at the Center.
4.' The rezoning and Planned Unit Development proposal are considered
compatible with the City's Comprehensive Plan for this area of the city.
5. The rezoning and Planned Unit Development appear to be a good utilization
of the property under consideration and the redevelopment and rejuvenation
of Brookdale Regional Mall are an important long range use for the existing
property and are considered to be an asset to the community.
II
RESOLUTION N0. - •
99 37
6. In light of the above considerations, it is believed that the guidelines for
evaluating ezonin s 'contained ' ,
m Section 35 -208 of e
g g the City's ty zoning
Ordinance are met and that the proposal is, therefore, in the best interest of
the community.
BE IT FURTBER RESOLVED b the City Council of the City of B
Y tY B roo kl yn yn Center
that approval of Application No. 99001 be subject to the following conditions and considerations:
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 building permits to assure completion of all approved site •
improvements.
4. Any outside trash disposal facilities and rooftop or on-ground mechanical
equipment.shall be appropriately screened from view.
5. The buildings and building additions are 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 new landscaped
areas to facilitate site maintenance.
7. Plan approval is exclusive of all signery, which is subject to Chapter 34 of
the City Ordinances-with the exception of allowing two freestanding signs
up to 320 sq. ft. in area along T. H. 100.
8. Plan approval acknowledges a proof of parking for the Brookdale Shopping
Center based on providing 5,700 parking spaces on site.
i
i
e ,
RESOLUTION NO. 99 -37
The applicants are allowed to retain the existing parking configuration
except where required modifications are to be made based on building
expansions or additions. New parking lot construction or reconfiguration
shall require concrete parking delineators as approved by the City Engineer.
9. The applicant shall submit as built surveys of the property, improvements
and utility service lines prior to release of the perfo guarantee.
10. The property owner shall enter in an easement agreement for maintenance
and inspection of utility and storm drainage systems as approved by the
City Engineer prior to -the issuance of permits.
11. All work performed and materials used for construction of utilities shall
conform to the City of Brooklyn Center's standard specifications and
details.
12. Approval of the application is subject to the review and approval of the
Shingle Creek Watershed Management Commission with respect to storm
drainage systems.. Effective compensating storage shall be approved prior
to the construction and filling for the proposed building No. 5 on the site
plan.
13. The applicant shall hall enter into a development agreement with the City P gr of
Brooklyn
yn C rater to be reviewed and approved b the City Attorney prior
PP Y tY
YP
to the issuance of building permits. Said agreement shall acknowledge the
various modifications to city ordinances and the rationale for allowing such
deviations
b the City Council and the Y tY conditions of approval to assure
compliance with the ' approved development plans.
P P
14. Plan approval is granted for the Applebee's Restaurant building as
presented (Building No. 2 on the site plan).
15. Conceptual approval only is granted for three other out buildings shown on
the site plan as Building 'No.* 3, Building No. 4 and Building No. 5.
Planning Commission review and City Council approval in the form of a
Planned Unit Development amendment shall be obtained prior to the
issuance building permits for these buildings.
RESOLUTION NO. 9_ 9_37
16. The costs for traffic signals at the 55th Avenue and 56th Avenue
intersections with Xerxes Avenue shall be the responsibility of the
applicant.
17. The plans shall be modified to show:
a. A 3 - ft. to 3 'k ft. high decorative masonry wall in locations other
than along T. H. 100 where greenstrips are less than 15 ft.
b. The elimination of the access from the perimeter road to the parking
lot east of Building No. 3.
C. The location of the Shingle Creek Regional Corridor Trail through
the Brookdale parking lot.
d. The removal of Building No. 1 which is not part of the conceptual
approval granted at this time.
18. Applicant shall enter into a development agreement, in a form approved by
the City Manager and the City Attorney, that assures that adequate
provision will be made to accommodate public mass transit circulating
through the parking lot of the center and to allow for passengers to be
dropped off and picked up at the center. The applicant shall not be required
to provide space or accommodations for mass transit vehicles parking,
stacking, or laying over; for parking of privately owned vehicles of mass
transit patrons; or for the transfer of ' passengers between mass transit
vehicles.
March 8, 1999
Date May
ATTEST: _jj A' A L 4��' rkf"
City Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member
Ed Nelson and upon vote being taken thereon, the following voted
in favor thereof: Myrna Kragness; Kay Tasman, Ed Nelson, and Robert Peppe;
and the following voted against the same: none, •
whereupon said resolution was declared duly passed and adopted.
CHAPTER 34 - SIGN ORDINANCE
Section 34 -100. STATEMENT OF PURPOSE. The purpose of this ordinance is to protect and
promote the public health, safety, and welfare within the City by the establishment of comprehensive
standards, regulations, and procedures governing the erection, use or display of devices serving as visual
communications media; to promote and preserve aesthetics within the City; to preserve the residential
character of residential neighborhoods; to preserve order and cleanliness; to avoid the appearance of
clutter; to avoid litter and the growth of weeds around signs; to provide for necessary visual
communication, to preserve and promote a pleasant physical environment, to protect public and private
property, and to encourage safety upon the streets and highways within the City of Brooklyn Center by
preserving sight lines and reducing distractions to motorists; and to reduce administrative burdens, by
regulating the type, number, structure, size, location, height, lighting and the erection and maintenance
of all outdoor signs and sign structures within said City. The City Council finds that off - premise
advertising signs constitute traffic safety hazards and are unattractive. The provisions of this Chapter
regulating off - premises advertising signs are consistent with other efforts within the City to enhance
aesthetics and promote traffic safety, such as regulations pertaining to solid waste disposal, anti-
littering, and traffic safety.
Section 34 -110. DEFINITIONS. The language set forth in the text of this ordinance shall be
interpreted in accordance with the following definitions. Words used in the present tense shall include
the future; words used in the singular shall include the plural and the plural includes the singular.
Billboard - See Off-Premises Advertising Sign.
Building - Any structure erected for the support, shelter, or enclosure of persons, animals,
chattels or movable property of any kind.
Business - Any establishment, occupation, employment or enterprise wherein merchandise is
manufactured, exhibited or sold, or where services are offered for compensation.
Canopy - An accessory roof -like structure either attached to or detached from a permitted
building, open on all sides, other than where attached; which is located over and designed to provide
cover for entrances, exits, walkways, and approved off-street vehicle service areas (such as gasoline
stations, drive -in establishments, and loading berths).
Dwelling ' - A building, or portion thereof, designed or used predominantly for residential
occupancy of a continued nature, including one - family dwellings, two - family dwellings, and multiple
family dwellings; but not including hotels, motels, commercial boarding orrooming houses, tourist
homes, and trailers.
Dwellin g g Unit - A si residential accommodation which is arranged, designed used or
intended for use exclusively as living quarters for one family; must include complete, permanently
installed, kitchen facilities. Where a private garage is structurally attached, it shall be considered as a
part of the building in which the dwelling unit is located.
City of Brooklyn Center 34 -1 City Ordinance
3. Floor space used for mechanical equipment where the structural headroom exceeds seven
and one -half feet, except equipment open or enclosed, located on the roof, i.e., bulk needs,
water tanks and cooling towers.
4.- Attic floor space where the structural headroom exceeds seven and one -half feet.
5. Interior balconies or mezzanines where the structural headroom exceeds seven and one-
half feet.
6. Enclosed porches, but not terraces and breezeways.
7. Accessory uses, other than that floor space devoted exclusively to accessory off -street
parking or loading.
Home Occupation - Subject to the further limitations of Section 35-405 of the Zoning
Ordinance, a home occupation is any gainful occupation or profession, carried on within a dwelling unit,
by a family member residing within a dwelling unit, which is clearly incidental and secondary to the
residential use of the. dwelling unit and the lot upon which it is constructed, including, without
limitation, dressmaking, secretarial services, professional offices,, answering services, individual music
or art instruction, individual hobby crafts, and day care and similar activities.
Home Occupation, Special - Subject to the further limitations of Section 35-406 hereof, and •
subject to approval by the City Council, a special home occupation is any gainful occupation or
profession carried on within a dwelling unit or any permitted accessory buildings or installations on a
lot, by a family member residing within the dwelling unit, which is clearly incidental and secondary to
the residential use of the dwelling u nit, the accessory structures, and the lot upon which it is constructed,
including, without limitation, barber and beauty services, shoe repair, photography studios, group
lessons, saw sharpening, motor driven appliances and small engine repair, and similar activities.
Industry - An enterprise which involves the production, assembly, processing or storage of
materials, goods or products.
Lot - A lot is a parcel or portion of land in a subdivision or plat of land, separated from other
parcels or portions by description, as on a subdivision or record of survey map, or by metes and bounds,
for the purpose of sale or lease or separate use thereof.
Lot Line - A property boundary line of any lot held in single or separate ownership.
ail Off- Premise Advertising Sign. A sign that directs attention to a business, commodity, service,
or entertainment not exclusively related to the premises on which the sign is located or to which it is
affixed.
Roof Line - That line at which an exterior wall surface of a building structure departs from a •
vertical plane.
City of Brooklyn Center 34 -3 City Ordinance
Rummage Sale - The infrequent temporary display and sale, by an occupant on his or her
premises, of personal property, including general household rummage, used clothing and- appliances,
provided: the exchange or sale of merchandise is conducted within the residence or accessory structure;
the number of sales does not exceed four (4) per year; the duration of the sale does not exceed three (3)
consecutive days; any related signery shall conform with the sign ordinance provisions; and the conduct
of the sale does not encroach upon the peace, health, safety, or welfare of the citizens of Brooklyn
Center.
etbac - The minimum horizontal distance from a building, hedge, fence, wall or structure to
the street or lot line.
E- io - Any publicly displayed message - bearing device for visual communication or any
attention attracting device that is used primarily for the purpose of bringing the subject thereof to the
attention of the public including any banner, pennant, symbol, valance or similar display.
I
Sign. Campaignn - a temporary sign promoting the candidacy of a person running for a
governmental office or promoting a position on an issue to be voted on at a governmental election.
Sign. Canopy An identification sign axed to a canopy or marquee. Such identification
signery shall be considered a type of wall sign provided the canopy (or marquee) and the sign upon it
meet the requirements of Section 34 -140 Subd. 3. In other cases, canopy signs shall be considered
either roof signs or freestanding signs and are interchangeable with such signs.
Sign. Directional - A sign, the primary function of which is to provide locational directions.
Sign. Flashing - Any illuminated sign on which the artificial light or color is not maintained at
a constant intensity or color when such sign is in use, except for that portion of a sign providing public
service information such as time, weather, date, temperature or similar information.
Sian. Freestanding - A sign which is not affixed to any part of any building and which is rather
supported by upright braces or posts placed in the ground.
Sign. Gross Surface Area of - The maximum projected area as viewed from any point,
calculated as follows: A polygon with a single continuous perimeter whose sides are made up of
straight lines (which in no case pass through or between any adjacent elements of the sign and whose
interior angles are each less than 180 degrees). However, such perimeter shall not include any structural
elements (forms, braces, posts, etc.) lying outside the limits of such sign surface and not forming an
integral part of the display.
Sign. Identification - A sign, the primary function of which is to identify an establishment
located upon the premises where such sign is located, or to which such sign is affixed. Signs identifying
industrial establishments may secondarily call attention to the products, goods or materials which are
produced, processed, assembled, or stored upon the premises.
34 -4
source. Sign. Illuminated - Any sign upon which artificial light is directed or which has an interior light •
I
Shm. Informational - Any sign which conveys information and which cannot be classified as
a directional or identification sign.
Sign. Noncommercial Opinion or Expression - A sign which does not advertise products, goods,
businesses or services and which expresses an opinion, statement or point of view.
Sign. Portable - A sign so designed as to be movable from one location to another and not
permanently attached to the ground or to any immobile structure. A portable sign may consist of a
mobile structure such as a semi -truck trailer or other device whose primary function during a specific
time period is to serve as a sign.
Sign. Projecting - A sign which is affixed to the wall of a building and extends outward from
the building wall.
S ign. o f - A sign erected or attached in whole or in part upon the roof of a building, or a
nonfreestanding sign which projects above the roof line of a respective building.
Sign. Structure - The supports, uprights, bracing and framework for a sign including the sign
surface itself. In the case of a wall sign, the sign surface constitutes the sign structure. In the case of
a sign structure consisting of two or more sides, where the interior angle formed between any of the •
sides exceeds 15 degrees each side shall be considered a separate sign structure.
Sign. Tempo=, - A sign which is erected or displayed for a limited period of time.
S ign. Wall - A sign which is affixed upon and parallel to the wall of a building.
Street Line - The common boundary line of a street right -of -way and abutting property.
Use - The purpose or activity for which the land or building thereon is designated, arranged or
intended, or for which it is occupied or maintained.
Section 34 -120. NONCONFORMING USES. Any sign legally existing on the effective date
of this ordinance which does not conform to the requirements set forth in this ordinance shall become
a nonconforming use.
Nonconforming, perman ent signs shall be allowed to continue but shall not be rebuilt,
materially altered, or relocated without being brought into compliance with the requirements of this
ordinance, except that any flashing portion shall be discontinued within 30 days after the effective date
of this ordinance.
3 4 -5
Section 34 -130. PROHIBITED SIGNS.
1. Signs that, by reason of position, shape, or color would interfere with the proper function
of a traffic sign or signal.
2. Signs within the public right-of-way or easement, except for government installed signs.
3. Signs that resemble any official marker erected by a governmental agency or that display
such words as "Stop" or "Danger ".
.)F 4. Flashing signs including indoor signs which are visible from the public streets.
. 5. With the exception of searchlights which may, be approved in conjunction with an
Administrative Permit as provided in Section 35 -800 of the City Ordinances, no rotating
beam, beacon or flashing illumination shall be used in connection with any display.
6. Signs or sign structures that obstruct any window, door, fire escape, stairway or opening
intended to provide ingress or egress for any building structure. With reference to
commercial and industrial districts, signs painted on the inside glass portion of windows
or doors are permitted.
• 7. Banners, pennants, streamers, balloons, stringers or similar attention attracting devices,
unless approved in conjunction with an Administrative Permit as provided in Section 35-
800 or unless authorized by Section 34 -140, Subdivision 2m of the City Ordinances.
i
8. Sign posters that are tacked or posted on trees, fences, utility poles or other such supports.
9. Portable signs, except as provided in Section 34 -140, Subdivision 2f unless approved in
conjunction with an Administrative Permit as provided in Section 35 -800 of the City
Ordinances.
10. Roof signs except as provided in Section 34 -140, Subdivision 3A(l).
c 11. Off - Premises Advertising Signs except as otherwise permitted by Section 34 -140 and
Section 35 -800 of the City Ordinances. Signs advertising a business no longer operating
on the premises shall be deemed off - premises advertising signs and must be abated in
accordance with Section 34- 140.1j.
12. Signs painted directly on building walls.
13. All other signs not expressly permitted by this ordinance.
•
34 -6
JUN -27 - 1 2:07 PM FIRST CAPITAL ENT. INC. 604 320 7367 P.02
• 301 - 1440 CRERKSIDZ DRIVE
VANCOUVERt B.C. VGJ 5B6
PHNNX 604-736-4590 i
FAX 604- 738.8650 ELECTRONIC ADVERTISING
ING
June 20, 2002
mr. Ron Warren
Planning & Zoning Specialist
+1301 Shingle Creek Parkway
:3rooklyn Center, MN 55430
Jeer Ron,
1 have reviewed the documentation with respect to the signage for Brookdale Center that
was provided to Bradford Freeman and it seems that some time ago that the City of
Brooklyn varied the sign ordinances to allow for the installation of 2 freestanding signs
on Highway 100. The signs that were approved are each to be 32 ft in height and 320 ;q.
ft.
Since then, the mall owners Talisman Brookdale Associates have been made aware oi'a
unique sign installation offered by Spectacular Electronic Advertising whereas
Spectacular pays 100% of the costs to have signs manufactured, installed and maintained.
• In addition, each main sign features an LED VIDEO DISPLAY that allows retailers the
ability to instantly advertise their specials or sales and the mall to make the passing
motorists aware of the time, temperature, mall hours of operation etc.
As well as this, the mall will be able to offer free advertising time on the video display to
local and national non- profit charity organizations. This will greatly benefit these
organizations and promote good will in the community.
Based on the aforementioned, the mall owners have requested for Spectacular Electrc nic
Advertising to apply for a variance to have the following signs installed.
1. 2 — 3 sided — 5 5f tall pylon signs on Highway 100;
2. 1 — 3 sided - 32 ft tall pylon sign on County Road 10.
The designs have already been submitted to you.
The main reasons that the permits should be varied are as follows:
1. The signs that are being offered by Spectacular Electronic Advertising are very
unique in size and shape and will offer a far more pleasing visual appearance than
traditional pylon signs that the mall may be able to afford. The retail value of the
total sign package being proposed by Spectacular Electronic is well over $1.2
million dollars;
•
www.spectacularelectronlc.com
A WORLDWIDE EL9CTRONiC AovERT181NG COMPANY
JUN -27 -02 12:07 PM FIRST CAPITAL ENT. INC. 604 320 7367 P.03
Because of their uniqueness they are very, very expensive to install and maintpn,
Spectacular earns it income from leasing advertising panels to the tenants, wht h
allows them to be able to pay for the signs. Therefore they have to be larger and
offer more advertising space to the tenants;
2. The mall has over 90 businesses' in it and each of them require adequate expa:ure
on all traffic flows passing the mall so th at they will remain in business and
1' employ The signs
rovide em to meat to many individuals in the area. gn
s that are
p offer more, larger and better advertising panels and in the event a
p
retailer is unable to obtain space on the sign faces they will be able to advertis,. , on
the LED VIDEO SCREEN;
3. The mall requires exposure on all traffic flows and at this time no signs have been
approved to be installed on County Road 10. This is the location of one of the
main entrances and a sign is required here so that shoppers will be able to
determine where the mall entrance is.
4. It is a proven fact that large signs installed at the point of purchase is the most
effective and cost efficient means for a business to advertise its products and
services and it is a necessity that the business's in the mall have an opportunity to
advertise in this manner to ensure that they and the mall remain w a viable
business concern.
6. The mall is agreeing in its agreement with Spectacular that it will not allow any
individual business's to install its own signs, thereby eliminating any instances
that individual business's will apply for their own signs. In other words there will .
never be a hodgepodge or clutters of unsightly signs on the mall property;
7. The signs proposed by Spectacular Electronic are compatible with the new
exterior of the mall and will dramatically improve and enhance the visual
appearance of the newly renovated mall;
B. That the mall area is very, very large with a tremendous amount of highway
exposure and signs of this size and shape will be suitable for such an area.
9. If the 90 plus tenants in the mall were individual businesses and stretched alc::ig
the highway they would require at least 90 individual signs, composed of
thousands of sq. ft. in size, The proposed signs allow for many business's to
advertise on a few signs, thereby permanently eliminating any need for this.
10. The proposed signs will become landmark signs in the area and will become a
standard for others to meet or beat, thereby ensuring that others install the mr, st
visually appearing signs. This will dramatically improve the signs in the area,,
thereby improving the visual appearances of your city.
11. The mall and Spectacular Electronic Advertising is interested in promoting g. god
will in the community and surrounding areas and will make advertising time
available on the LED VIDIO SCREEN "free of charge" to any and all non- p,nfit
and charitable organizations that may wish to advertise on it from time to tin! e.
r p� This will allow organizations such as cancer societies etc. to place their Igossages
iV
in full view of hundreds of thousands of individuals on a daily balls, thereby
providing a valuable service to many unfortunate individuals.
•
JUN -27 -02 12:08 PM FIRST CAPITAL ENT. INC. 604 320 7367 P.04
12, Highway 100 is very wide and in order to reach traffic on the far side of the
Highway signs of at least 55 ft tall and the requested square footage must be-
installed.
13. As well as this, the traffic travels at a very high speed on this freeway and for the
sign to be readable it must have large easy to read advertising p anels.
14. Brookdale Mall is in direct competition with Ridgedale Mall, which has a very
large sign. In order to effectively compete with them it is imperative that
Brookdale has adequate signage in order to be able to maintain itself as a viab] e
business,
Thank you for your consideration in this matter and I would appreciate it if you would
submission to be heard on Jul 25"' 2002.
Schedule our subm on
Y
Yours truly,
Ken Meiklejohn
President
. Spectacular Electronic Advertising (Minnesota) Inc.
•
Requesting a variance to install the following: (:
1. One 55 ft high main double face sign as per sketch #1on the shopping mall property at spot marked
#1 in the attached site plan.
{ k-� O ft high double face sign as per sketch #2 on the shopping mall property at spot marked #2 in the
e plan.
3. One 32ft high double face sign as per sketch - on the shopping mall property at spot marked #3 in the
attached site plan.
Hopefully this will answer their questions.
Thanks
Ken
- - - -- Original Message - - - --
From: Ken Meikleiohn
To: FreemanB7022(a)aol.com
Sent: Tuesday, June 04, 2002 4:20 PM
Subject: NEWS FROM SPECTACULAR ELECTRONIC ADVERTISING
BRADFORD
165 TALL SIGN
THANKS
KEN
•
6/5/02
55 FT. TALL MAIN PYLON SIGN
r Side A &B of Three Sided Dispiay
Featuring: 5
I� -
Upper;Video LED Display
- 16.7 Million Displayable Colors
- LED Life - 100,000 Hours
- Dimensions: 5'x 14'
Lower LED Video Screen E
- One Side of Three Sided
Continuous Amber LED
Display with a total of S H 0 ' '
70 feet of running message
around the three sided
perimeter.
- LED Life - 100,000 Hours
- Dimension Per Side: 2.5' x 23'
Sign Specifications:
Overall Size Per Side
Height 55'
Width 23
Top Feature Mall Display
11' x 16.5'
8 Advertising Panels
Height 4.6'
Width 7.5' }
.,
Plan View Of
3 Sided Display
y \y am .' 4� y;. � - G •'4 J� `i_�ti
s ..
Side A
Ths des is the property of Spectacular Eectronic AcvertisrS inc. and s not to to reproduced :r whole or it part wt'lcu' the express oermsseon of Spectacular
9ectronlc Advertsing Inc.. The colors shown or :his presentation are for Ttstrative purposes or y and may vary f+on+ those used In the aca.al production of your
sign cue to tote panting process and :he trarslucent nature of acrylic slur paints and veyls. Spec fc pairt colcur rumoers may be proviced upon request.
55fto TALL MAIN PYLON SIGN Desig 1
Side C of Three Sided Display
t
Featuring- F
Banner Display
NE
� � t
Height 32' u�
Width 16' � ATHLETI
Lower LED Video Screen CHIC
- One Side of Three Sided
Continuous Amber LED '
Display with a total of '
70 feet of running message
around the three sided
• perimeter.
- LED Life - 100,000 Hours
- Dimension Per Side: 2.5'x 23 may ,.
Sign Specifications: `
Overall Size Per Side
Height 55'
Width 23'
yi �j
` -�a�9� ,r . -' ` f�• _ , � � "t�.'� {.
This design is the property of Spectacular Electronic Advert=ising Inc. and is rot to be reproduced in wnoie or in part vwthout tfie e)vess permission of Spectacdar
Electronic Advertising Inc.. Tf e ceiors shown or the presertation are for illustratve purooses only and may vary from those usea in the actual proaucbo+i of your
sign due to the pmbng process and the translucent nature of acryt c sigr: oalnts ara vinyls. Specfic paint ceiour numb¢ s may be prov upon request.
55ft* TALL MAIN PYLON SIGN Design z
h�
Side A&B of Three Sided Display
7..
n
p�
fi
g •
t
Featurin •"
Lower LED Video Screen
- One Side of Three Sidedi
Continuous Amber LED
Display with a total of _
70 feet of running message
around the three sided
perimeter.
- LED life - 100,000 Hours
• - Dimension Per Side: 2.5'x 23'
Sign Specificationsi
Overall Size Per Side
Height 55'
Width 23'
Top Feature Mail Display
13'x 15'
10 Advertising Panels
Height 4.5'
Width 7.5'
Scale: 1" = 8'
Plan View Of fi "a- • �, za
3 Sided Display
..� _ isl -' •• ' �� :f: -� � •�� r 4 ✓ z :
• ide A
This design is the property of Spectacular Electronic Advertsing Inc. and is not to be reproduced in whole or in part without the etoress pernission of Soec acdar
'clecironic Advertising Inc. The co;ors shown on this presentaton are for illustrative purposes only and may vary from those used .n the actual production of your
sign due to the printing process and the translucent nature of acrylic sign paints and vinyls. Speafic paint colour numbers rray be prov ded upon request
55% TALL MAIN PYLON SIGN Design4i H.�-
Side C of Three Sided Display
4
k.
Featuring:
Banner Display
Height ;32' NE
Y Y
Width 16' � ATHLETE.
Lower LED Video Screen
C One Side of Three Sided
Continuous Amber LED
Display with a total of
70 feet of running message
around the three sided
perimeter.
- LED Life - 100,000 Hours
- Dimension Per Side: 2.5'x 23' ma
Sign Specifications:
Overall Size Per Side
Height 55'
Width 23'
,4 a .
This design is the property of Spectacular =lectronic Aelvertsing Inc. and is not to oe reoroehced in whole or in part without the exgxess permission of Spectacular
`clectroric Advertsing Inc.. The coiors show*[ or. this presertaton are for illustrative purooseS only and may vary from those urea 'n the actual prorntction of your
sign due to the prntng process and :he translucent nature of acry is sign om s and vinyls. Specific paint colour ncmbers may be provided upon request
32f t* TALL SECONDARY PYLON SIGN Desig 2
g �
Side A &B of Three Sided Display
i
i
lc¢aturing:
Lower LED Video Screen
- One Side of Three Sided
Continuous Amber LED
Display with a total of
52 feet of running message
around the three sided
perimeter.
- LED Life - 100,000 Hours F
- Dimension Per Side: 1.7'x 17'
Sign Specifications:
Overall Size Per Side
Height 32'
I
• Width 17
Top Feature Mall Display
9' x I I' 1
L 8 Advertising Panels
Height 2.5' VC12
Width 5.5'
Scale: 1" = 5'
t a.! _
i
v
I
�y
Plan View Of
3 Sided Display �' '_ •� - }c _
�Y
a � i
Side A
This desigr s the popery of Soectacular Electroric Advertising Inc. and is not to be reproduced in who or in part without the express permission of Spectacular
Electronic Advertising Inc.. The colors shown on this oresentaton are for ilustrative purposes eniy ana may vary from those used m the actual orock ctior of your
sign due to - .he orrtrg process and the trans,ucent rat ire of acryic sign pants and mnvls. Soecific paint colour numbers may be provided upon request
32ft* TALL SECONDARY PYLON SIGN Desi
Side C of Three Sided Display
Featuring:
Banner Display
Height 17'
Width 12'
Lower LED Video Screen''
- One Side of Three Sided EW
Continuous Amber LED
Display with a total of
ATHLETI
52 feet of running message
around the three sided
V
• perimeter. C HI P
- LED Life - 100,000 Hours., .
- Dimension Per Side: 1.7'x 17'
Sign Specifications: a r
Overall Size Per Side
Height 32' ma� -=
Width 17'
b � �
I
I
• � i` I
This design Is the property of Spectacular Jectronc Advertising Inc. and s not to be reprocuced n whole or ; part without the express permrssron of Spectacular
'electroric Advertising Inc The cetors shown or this presentation are for iVusoatrve ourposes only and may vary from ;hose used in the actual production of your
sign dlx tote prnang process and the translucent nature cf acryl s paints anp v.ryls. Speefic paint colour rur oers maybe provided upon, realest.
i
n
Page 1 of 1
S Main Identity
From: 'Barbara Rodriguez" <brod rig uez@talismancorporate.com>
To: <ken @spectacularelectronic.com>
Sent: Thursday, June 20, 2002 2:00 PM
Subject: FW Brookdale - Ground Lease for a Pylon Sign
.13. Rodriguez
Barbara Rodriguez
Executive Assistant to
Mr. James A. Schlesinger
President & CEO
Talisman Companies LLC
- - - -- Original Message---- -
From: Barbara Rodriguez [mailto: brodriguez @talismancorporate.com]
Sent: Thursday, June 20, 2002 4:31 PM
To: ken @spectacularelectronics.com
Cc: James A. Schlesinger
• Subject: Brookdale - Ground Lease for a Pylon Sign
Dear Ken:
The following is the information you requested:
Brookdale Center
1108 Brookdale
Brooklyn Center, MN 55430
The names of the owners are as follows:
Talisman Brookdale Associates, L.L.C.
1500 San Remo Avenue, Suite #135
Coral Gables, FL 33146
If you need additional information, please do not hesitate to contact me.
Sincerely,
Barbara Rodriguez
Talisman Companies
(305) 662 -9559
•
6/21/02
• - BROOKDALE CENTER
BROOKLYN CENTER, NIN
. ITEM 5: 35 -704, MINIMUM PARKING SPACES REQUIRED, ARTICLE 2C (Zoning)
The current code requires that the calculations for parking be based on the Gross Floor Area of the
j building. The typical shopping area incorporates an unusually high amount of floor area in common area
uses. Brookdale Center is also unusual by today's mall standards as the area of the interior common mall
areas are much greater then current mall designs recommend. These are common mall walkways and court
areas, shipping and receiving areas, service areas, storage areas and etc. that are not used to hold or cause
the patron count to increase but are usually used for accessing from one tenant space to another. It is not the
practice to create greater common floor area space to generate more patrons or customers.
Request:
• Allow the use of "Gross Lease Area" (GLA) to be used to determine the requirements in the
Center in lieu of "Gross Floor Area" (GFA).
J ITEM 6: SECTION 35 -704, MINIMUM PARKING SPACES REQUIRED (Zoning)
J ARTICLE 2C
The current zoning ordinance requires 5.5 car spaces per 1,000 SF of GFA. As previously requested in Item
5 above the use of GLA in lieu of GFA has been requested. Additionally the applicant is requesting that the
car space requirement be modified to reflect a practical understanding of the actual use of the expanse of
parking spaces provided and the relatively few periods when the availability of parking is a problem to the
center or its patrons. The applicant purposes a 4.5 car space per 1,000 SF of GLA although the present
layout provides 5.19 cars per 1,000 SF of GLA. The project Site Plan as presented provides 6,263 car
spaces. This is a greater number of spaces then the existing car count. The car count has been adequate in
the past for patron parking and expected to be adequate for the expansion'and theater use requested. The
varied peak hours for shopping and theater customers normally allow for adequate parking with the
exception of certain traditional and seasonal excessive shopping days. It is also noted here that there has
been usable land area removed from the original center aggregate property for the state highway ramps and
the Shingle Creek pedestrian walkway.
Request:
• Allow the project to base their car space requirements on 4.5 car spaces per 1,000SF of GLA.
• Allow the Developer the option and flexibility to finalize their design of the parking layout and
count to the proposed standards approved by this PUD or a design that improves on the
approved standards.
ITEM 7: SECTION 34 -140, PERMITTED SIGNS, ARTICLES 1,212 (Sign Ordinance)
i The current sign ordinance allows the installation of a freestanding sign along the State Route 100 right of
way. Due to the expanse, 3,500 lineal feet, of property along this premium frontage it is requested that a
second freestanding sign be allowed with adequate spacing from the already allowed freestanding sign. The
signs are both necessary as they provide identification and suggestion to the public that a viable mall is
readily available in the community. In the case of the theater it provides information regarding features
being shown to bring the patron to the center rather then travel to .another center out of the community. The
sign ordinance allows a freestanding sign for properties having at least 400 feet of roadway frontage. The
center has much greater frontage on State Route 100 then that allowed for other single businesses and the
center represents many businesses that depend on this type of exposure for their success.
EXHIBIT "A" ATTACHED. "PYLON SIGN ELEVATION"
Request:
• Allow the installation of a second freestanding sign along the State Route right of way in
conformance to the setback, other sign ordinance and the PUD approved requirements.
ITEM 9: SECTION 34 -140, PERMITTED SIGNS, ARTICLE 3A2a (Sign Ordinance)
The current sign ordinance allows freestanding signage to a maximum of250SF on buildings that have
24,000 SF or greater GFA. Brookdale Center is in excess of 1,200,000 SF of GLA. The center, as most
businesses, requires exposure to the public on a continuos basis to remain viable. A new development is
permitted by the sign ordinance to maintain a sign of up to 320SF where the new development contains 10
3
t•
BROOKDALE CENTER
BROOKLYN CENTER, MN
acres or greater. This indicates that the city has concern fora new development to have significant •
exposure, through adequate signage, to assist in the success of the development. The center is in the same
condition as the new development but lasting a longer period of time. There is the continuos need for
signage exposure to enable the center to sustain their market attraction. The center should have the same
assistance through adequate signage in particularly on the heavily traveled SR100.
Request:
• Allow the freestanding signs along State Route 100 to be up to a maximum of 320SF, for a single
face on a double -faced sign.
ITEM 10: SECTION 35-704 MINIMUM PARKING SPACES REQUIRED (Zoning)
Article 2.c Other retail stores or centers and financial institutions
The applicant requests that the percentage of restaurant space permitted of the Gross Lease Area (GFA in
i the current zoning ordinance) be increased to allow the Applicant to provide the facilities necessary to
serve the projected tenant and employee requirements of.the renovated and expanded Center.
Request:
• Allow the percentage of restaurant Gross Lease Area in the retail formula to be increased to
20% as relates to this section and article.
• Allow the percentage of restaurant Gross Lease Area in the parking formula to be increased to
20% as relates to this section and article.
i ITEM 11: SECTION 404.5 OCCUPANCY (1997 Uniform Building Code)
404.5.1 General
y The Applicant requests that the Building Code requirement for Accessory uses/Tenant mix be changed to
i allow the Applicant to provide the services required to allow the mall to provide a correct mix of tenants.
The addition of the cinema area impacts the GLA on which the accessory use percentages are based. An
increase of the percentage will allow the tenant mix to be more in line with the ratio and GLA normally
F required to serve the retail segment of the mall.
Request:
Allow the percentage of mall Accessory uses to be increased to 35%
SPECIAL PROJECT DESIGN CONDITIONS IN PROCESS
A. WATERSHED APPROVALS
B. OFF -SITE TRAFFIC STUDY
ITEM A: WATERSHED APPROVALS
The applicant does hereby recognize that the redevelopment of the site will include at their cost the
relocation of the storm sewer system to the west of the Shingle Creek waterway. The storm water is to be
re- routed into the new storm water structure constructed by the City along the Route 100 property line
behind the J C Penney building. The Civil Engineer is currently working with the watershed consultant
regarding the requirements and design.
ITEM B: OFF -SITE TRAFFIC STUDY
The traffic study of the of -site roads is in process at this time and is to be presented as an addendum to this
application within the next two- (2) weeks. Short Elliott Hendrickson is doing the work jointly for the City
of Brooklyn Center and the Developer, Talisman Brookdale LLC.
SECTION 35 -208: REZONING EVALUATION POLICY AND REVIEW GUIDELINES
The following responses are made to the REZONING EVALUATION POLICY AND REVIEW
' GUIDELINES of the City of Brooklyn Center as outlined in Section 35 -208 of the City Zoning Ordinance.
i
4
City of Brooklyn Center
Section 35 -208 REZONING EVALUATION POLICY AND REVIEW GUIDELINES.
1. Purpose
The City Council finds that effective maintenance of the comprehensive planning and land use
classifications is enhanced through uniform and equitable evaluation of periodic proposed changes
to this Zoning Ordinance; and for this purpose, by the adoption of Resolution No. 77 -167, the City
Council has established a rezoning evaluation policy and review guidelines.
2. Policy
It is the policy of the City that: A) Zoning classifications must be consistent with the
Comprehensive Plan, and, B) Rezoning proposals will not constitute "spot zoning ", defined as a
zoning decision, which discriminates in favor of a particular landowner and does not relate to the
Comprehensive Plan or to accepted planning principles.
3. Procedure
Each rezoning proposal will be considered on its merits, measured against the above policy and
against these guidelines, which may be weighed collectively or individually as deemed by the City.
4. Guidelines
. A. Is there a clear and public need or benefit?
B. Is the proposed zoning consistent with and compatible with surrounding land use
classifications?
C. Can all permitted uses in the proposed zoning district be contemplated for development of the
subject property?
D. Have there been substantial physical or zoning classification changes in the area since the
subject property was zoned?
E. In the case of City - initiated rezoning proposals, is there a broad public purpose evident?
F. Will the subject property bear fully the ordinance development restrictions for the proposed
zoning districts?
G. Is the subject property generally unsuited for uses permitted'in the present zoning district, with .
respect to size, configuration, topography or location?
H. Will the rezoning result in the expansion of a zoning district, warranted by: 1) Comprehensive
planning; 2) The lack of developable land in the proposed zoning district; or, 3) The best
interests of the community?
• I. Does the proposal demonstrate merit beyond the interests of an owner or owners of an
individual parcel?
Section 35 -208
Revised 3-01
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. 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.
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 functio�
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
35414 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.
�4
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
�:. S. A site plan showing the location of all structures and parking areas; •
9. Building renderings or elevation drawings of all sides of all buildings tote 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 35 -210 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 t
PUD and conceptual approval of the elements of the plan. In addition to the guideline
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 35 -230 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 tan submitted for approval pursuant to Section 35 -230 shall be in substantial
P PP P
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 satisfactoryto 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.
L 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
40 MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION
OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF
HENNEPIN AND THE STATE OF MINNESOTA
REGULAR SESSION
AUGUST 28, 2002
CALL TO ORDER
The Planning Commission meeting was called to order by Chair Willson at 7:34 p.m.
ROLL CALL
Chair Tim Willson, Commissioners Graydon Boeck, , Rex Newman, Sean Rahn, and Dianne
Reem were present. Also present were Secretary to the Planning Commission/Planning and
Zoning Specialist Ronald Warren, and Planning Commission Recording Secretary Rebecca
Crass. Stephen Erdmann and John Whitehead were absent and excused.
APPROVAL OF MINUTES —AUGUST 15, 2002
There was a motion by Commissioner Boeck, seconded by Commissioner Newman,
to approve the minutes of the August 15, 2002 meeting as submitted. The motion passed
unanimously.
• CHAIR'S EXPLANATION
Chair Willson explained the Planning Commission's role as an advisory body. One of the
Commission's functions is to hold public hearings. In the matters concerned in these hearings,
the Commission makes recommendations to the City Council. The City Council makes all final
decisions in these matters.
DISCUSSION ITEM
DRAFT ORDINANCE AMENDMENT REGARDING DEVELOPMENT COMPLEX SIGNS
Chair Willson introduced a draft ordinance amendment regarding development complex signs.
Mr. Warren explained the ordinance amendment, which amends Chapter 34, Section 110, of the
City's Sign Ordinance giving a definition for a development complex sign. It would amend the
C -2, I -1, I -2, C -1 and C -1A Zoning Districts. To be eligible, a property must be a multiple
building development and be under common ownership or a common landlord.
A discussion ensued regarding what signage is currently allowed on commercial site and how
this change would affect what additional signs would be allowed. Mr. Warren further explained
that this would allow an additional freestanding sign that would identify a complex or multiple
buildings only for naming or identifying a complex not for tenant identification.
Commissioners Reem inquired if the change would affect signage allowed for car dealerships
along Brooklyn Boulevard. Mr. Warren explained how Section 34 of the City's Sign Ordinance
regulates signs at car dealerships.
8 -28 -02
Page 1
Size and height limitations for signs allowed under the proposed ordinance amendment was
discussed by the Commission. Mr. Warren suggested to the Commission that there be a
maximum size of 145 sq. ft. and a height not to exceed 15 ft.
Commissioner Newman inquired as to how this sign ordinance change would affect signs
allowed at Brookdale. Mr. Warren responded that Brookdale is proposing an amendment to its
PUD approval to allow a variety of signs that exceed that authorized by its PUD approval or are
in conflict with the provisions of the City's Sign Ordinance. That PUD amendment is scheduled
for the Planning Commission's September 12, 2002 agenda. Commissioner Newman suggested
it might be premature to consider the proposed ordinance amendment given Brookdale's pending
application.
Further discussion ensued regarding the pending Brookdale application and the proposed
ordinance amendment.
Mr. Warren suggested that the Planning Commission make a recommendation to the City
Council for approval of the Ordinance Amendment.
There was a motion by Commissioner Boeck, seconded by Commissioner Rahn to recommend
approval of an ordinance amending Chapter 34 of the City Ordinances Regarding Development
Complex Signs including a maximum sign area of 145 sq. ft. and a height not to exceed 15 ft.
Commissioner Newman stated that he felt the ordinance amendment should be tabled for further •
discussion until Brookdale's request for a PUD relating to signs is reviewed.
Voting in favor: Chair Willson, Commissioners Boeck and Rahn.
Voting against: Commissioners Newman and Reem.
The motion passed.
Both Commissioners Newman and Reem stated their negative vote reflected the timing of the
recommendation not the content of the proposed ordinance amendment.
OTHER BUSINESS
There was no other business.
ADJOURNMENT
There was a motion by Commissioner Newman, seconded by Commissioner Boeck to adjourn
the Planning Commission meeting. The motion passed unanimously. The meeting adjourned at
8:25 p.m.
Chair
Recorded and transcribed by:
Rebecca Crass
8 -28 -02
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