CC RES 09-066 RESOLUTION TO APPROVE THE REQUEST FROM THE INDEPENDENT SCHOOL DISTRICT 282 FOR CONDITIONAL USE PERMIT (CUP) FOR AN ELECTRONIC SIGN AT 3303-33RD AVENUE

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. Findings: Criteria#1 The use is one of the Conditional Uses specifically listed for the district in which the property is located and is not in conflict with the Comprehensive Plan. Finding#1 This use is not in conflict with the current Comprehensive Plan. The Comprehensive Plan designates this site Recreational/Open Space and according to the City's Zoning Code, Title XV, LAND USE, Chapter 155 SIGNS, §155.29, District Schedules (D) states that electronic signs are permitted with an approved Conditional Use Permit (CUP); the applicant has also complied with the requirements of Subsection 152.243, Conditional Use Permits;and approved by the City Council. Criteria #2 The use will not be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity or to the values of property in the vicinity. Finding#2 The School District plans to replace the two existing ground signs at the St. Anthony Middle School and the St. Anthony High School, located at 3303 -33rd Avenue NE with one double-sided electronic ground sign. Mr. Bjornrud testified that the School District will adhere to the City Ordinance at §155.29(D)(2)(a)(b), which states that an electronic sign is permitted with an approved CUP in the Recreational/Open Space Zoning District, that the School District will not have animation or flashing as part of the • electronic sign's software and that the School District will not operate the sign between the hours of 10:00 PM and 6:00 AM. Criteria#3 The use will provide a service or a facility,which is in the interest of public convenience and will contribute to the general welfare. Finding#3 The School District stated that the intent of the proposed electronic ground sign is to communicate school and district information and events that are of interest to the community, according to the City Ordinance, 155.29 (D)(2)(D. Criteria#4 The City Council has specified all conditions,which the Council deems necessary to make the use compatible with other uses in the area. • Landscaping is required for ground signs and may consist of shrubs, plants, rocks, or other decorative material located around the ground sign. • Hours of operation will be restricted between the hours of 10:00 PM and 6:00 AM. • Confirm that the proposed electronic ground sign is not situated in a right-of-way or an utility easement. • The message changeability shall be limited to the minimum amount of changes required to accomplish the purpose of the sign. • • The sign shall not be permitted to flash or contain animation.