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HomeMy WebLinkAbout2013-101 CCR Member Carol Kleven introduced the following resolution and moved its adoption: RESOLUTION NO. 2013-101 RESOLUTION REGARDING THE DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2013-014 SUBMITTED BY EVERGREEN PARK ELEMENTARY SCHOOL FOR A SPECIAL USE PERMIT TO INSTALL A NEW DYNAMIC MESSAGE SIGN (DMS) WITH A PUBLIC USE IN THE RI-ONE FAMILY RESIDENCE DISTRICT(7020 DUPONT AVENUE NORTH) WHEREAS, Planning Commission Application No. 2013-014 submitted by Evergreen Park Elementary School(with Independent School District No. 11),proposes a Special Use Permit to install a new Dynamic Message Sign (DMS) with a Public Use in the RI-One Family Residence District, located at 7020 Dupont Avenue North; and WHEREAS, pursuant to City Code Section 34-140;Subpart 3.1),"A DMS owned or operated by Public Use in all districts where Public Uses are allowed may be approved by special use permit."; and WHEREAS, the Planning Commission held a duly called public hearing on August 15,2013,whereby a'planning staff report was presented and public testimony regarding the special use permit were received; and WHEREAS, the Planning Commission provided unanimous recommendation of approval to Planning Application No. 2013-014 by adopting Planning Commission Resolution No. 2013-15; and WHEREAS, the City Council considered the Special Use Permit as comprehended under Planning Application No. 2013-014 at its regular meeting of August 26,2013; and WHEREAS, the City Council considered the Special Use Permit request in light of all testimony received, the guidelines and standards for evaluating this special use permit contained in Section 35-220 of the City's Zoning Ordinance,the general goals and objectives of the City's 2030 Comprehensive Plan, and the Planning Commission's recommendation. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that Planning Commission Application No. 2013-014, submitted by Evergreen Park Elementary School(with Independent School District No. 11),proposes a Special Use Permit to install a new Dynamic Message Sign (DMS) with a Public Use in the RI-One Family Residence District, located at 7020 Dupont Avenue North, is hereby approved based upon the following considerations: 1. The establishment,maintenance or operation of the special use will promote and enhance the general public welfare and will not be detrimental to or endanger the public health, safety, morals or comfort. 2. The special use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood. RESOLUTION NO. 2013-101 3. The establishment of the special use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district. 4. Adequate measures have been or will be taken to provide ingress,egress and parking so designed as to minimize traffic congestion in the public streets. 5. The special use shall, in all other respects, conform to the applicable regulations of the district in which it is located. BE IT FURTHER RESOLVED by the City Council that Planning Application No. 2013-014 is hereby approved subject to the following conditions and considerations: 1. The new dynamic message sign (DMS) shall comply with and meet all regulations and standards as set forth under Chapter 34(SIGNS)and Chapter 35 (ZONING)of the City Code of Brooklyn Center. 2. The special use permit is issued only to Evergreen Park Elementary School and/or the current landowners with the ability to;install and maintain a new DMS at the subject site of 7020 Dupont Avenue North; and is limited to Evergreen Park Elementary School use only or any other future public use that may occupy this site, as defined under City Code Section 35-900. c August 26,2013 Date Mayor ATTEST: CYty Clerk The motion for the adoption of the foregoing resolution was duly seconded by member Dan Ryan and upon vote being taken thereon,the following voted in favor thereof- Tim Willson, Carol Kleven, Kris Lawrence-Anderson, Lin Myszkowski, and Dan Ryan; and the following voted against the same: none; whereupon said resolution was declared duly passed and adopted.