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HomeMy WebLinkAboutCC 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 Meeting Sheet IIIIIIVIIIVIIIVIIIVIIIVIIIIIIIIIII 103992 Box: 31 Folder: RES 2009 Document: 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 • CITY OF ST. ANTHONY VILLAGE RESOLUTION 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. WHEREAS, Linn Bjornrud,Wold Architects and Engineers,submitted an application on behalf of ISD 282 for a Conditional Use Permit for an electronic ground sign as required by the City Code,Title XV,Chapter 155 SIGNS, §155.29 District Schedules, (D) Recreational/Open Space Zoning District;and WHEREAS, the City of St. Anthony Planning Commission held a Concept Review on April 21,2009 to review ISD 282 CUP request to install an electronic sign at the St. Anthony Middle School and the St. Anthony High School, located at 3303 -33rd Avenue NE; and WHEREAS, the School District submitted the CUP application for an electronic ground sign on June 10, 2009;and WHEREAS, the proposed electronic sign will replace the two existing signs individually • identified the St. Anthony Middle School and the St. Anthony High School; and WHEREAS, a public hearing was scheduled and the Planning Commission conducted a public hearing on July 21,2009 on the proposed CUP;and WHEREAS, all required public notices regarding the public hearing were posted and sent as required by State Statute;and WHEREAS, the Planning Commission has recommended approval of the proposed CUP to the City Council based upon the information presented by the Staff, the applicant's presentation and that no one from the public appeared in opposition to the proposed Conditional Use Permit for the electronic sign;and WHEREAS, upon consideration of the application and supporting materials,Staff's report, and all other information constituting the record of this application, the City Council upon further deliberation,voted to approve the requested Conditional Use Permit and directed the preparation of the Findings of Fact and this resolution as a contemporaneous record of the Council's decision;and THEREFORE,BE IT RESOLVED that the City Council of the City of St. Anthony does hereby adopt the following Findings of Fact related to the requested Conditional Use Permit: • . 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. • BE IT FURTHER RESOLVED by the City Council that the application to issue a Conditional Use Permit to Independent School District 282 to locate and install an electronic ground sign at 3303 -33rd Avenue NE is hereby approved and subject to the above-referenced conditions. Adopted this 28th day of July 2009. Mayor ATTEST: h Lt,lmyj, ity Clerk Reviewed for Administration: City anager • •