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DECISION OF THE HEARINGS OFFICER
CASE NO: Conditional Use I Sign Application No. CU-S114-02
APPLICATION NO. : 14-102345-ZO & 14-102409-SI
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NOTICE OF DECISION DATE:
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REQUEST: A consolidated conditional use and sign application request to allow a
26 square foot electronic message center sign in a residential zone as required by
Salem Revised Code (SRC) 900.090(a) for property approximately 9.4 acres in size,
zoned RS (Single Family Residential}, and located at 4875 Justice WayS - 97302
(Schirle Elementary School) (Marion County Assessor Map and Tax Lot Numbers
#083W08DD I 12200).
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March 5, 2014
APPLICANT: SALEM KEIZER SCHOOL DISTRICT 24J
LOCATION: 4875 JUSTICE WY S, 97302
CRITERIA: Salem Revised Code Chapters 900.090(a), 900.045, 900.075, 900.080,
900.085,900.090,900.095,900.105,900.150,900.195.
FINDINGS: The Hearings Officer found that the proposed sign, as conditioned, will
not create or significantly increase street level sign clutter and will not adversely
impact the neat, clean, orderly and attractive appearance of the surrounding area to
a significant degree. The proposed sign will not present a traffic or safety hazard and
the proposed sign will comply with all other regulations, including but not limited to
the sign height and placement restriction.
DECISION:
The Hearings Officer GRANTED Conditional Use I Sign Application CU-8114-02 subject to the
following conditions of approval:
Condition 1. The existing manual reader-board shall be removed prior to the installation
of the electronic display sign.
Condition 2.
The sign shall be located on the southwest side of the building.
Condition 3. The display surface of the sign shall be shielded from view by an observer,
five feet above the ground, beginning at the southeast corner ofthe intersection of Justice
Way South and Croisan Scenic Way, traveling northeast for 250 feet.
Condition 4. The trees on the southwest corner of the property shall be replaced with
similar species if removed.
Condition 5.
The electronic sign shall not be used between the hours of 9pm and 7am.
Condition 6.
The electronic display sign shall be operated in conformance with the
standards of SRC 900.090.
The rights granted by the attached decision must be exercised by March 21. 2016, or this approval shall be null
and void ..
A copy of the decision is attached.
Application Deemed Complete:
Public Hearing Date:
Notice of Decision Mailing Date:
Decision Effective Date:
State Mandate Date:
January 30, 2014
February 26, 2014
March 5, 2014
March 21,2014
May 30, 2014
Case Manager: Amy Dixon, Case Manager, 503.540.2304, [email protected]
AJD
This decision is final unless written appeal from an aggrieved party is filed with the City of Salem Planning
Division, Room 305, 555 Liberty Street SE, Salem OR 97301, no later·than 5:00p.m., March 20, 2014. Any
person who presented evidence or testimony at the hearing may appeal the decision. The appeal must state
where the decision failed to conform to the provisions of the applicable code section, SRC Chapter(s) 900.090(a),
900.045, 900.075, 900.080, 900.085, 900.090, 900.095, 900.105, 900.150, and 900.195. The appeal must be filed
in duplicate with the City of Salem Planning Division. The appeal fee must be paid at the time of filing. If the
appeal is untimely and/or lacks the proper fee, the appeal will be rejected. The Salem Planning Commission will
review the appeal at a public hearing. After the hearing, the Planning Commission may amend, rescind, or affirm
the action, or refer the matter to staff for additional information~
The complete case file, including findings, conclusions and conditions of approval, if any, is available for review at
the Planning Division office, Room 305, City Hall, 555 Liberty Street SE, during regular business hours.
http://www.cityofsalem.net/planning
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and copyright limitations and further distribution or
resale is prohibited.
MAPS\14-102345-ZO-MAP .mxd- 1/29/2014 @ 9:54:32 AM
Attachment 1
RECEIVED
MAR 0 5 2014
COMMUNITY DEVELOPMENT
CITY OF SALEM
BEFORE THE HEARINGS OFFICER
A CONSOLIDATED CONDITIONAL USE AND
SIGN APPLICATION REQUEST TO ALLOW A
26 SQUARE FOOT ELECTRONIC MESSAGE
CENTER SIGN IN A RESIDENTIAL ZONE, AS
REQUIRED BY SALEM REVISED CODE SRC
900.090(a) FOR PROPERTY APPROXIMATELY
9.84 ACRES IN SIZE, ZONED RS (SINGLE
FAMILY RESIDENTIAL) AND LOCATED AT
4875 JUSTICE WAY SOUTH AT THE SCHIRLE
ELEMENTARY SCHOOL, SALEM, OREGON
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CASE NO. CU/SI-14-02
FINDINGS OF FACT
CONCLUSIONS AND
DECISIONS
DATE AND PLACE OF HEARING:
February 26, 2014, Salem City Council Chambers, 555 Liberty Street SE, Salem, Oregon.
APPEARANCES:
Amy Dixon, Planner II
Neighborhood Association:
Sunnyslope Neighborhood Association;
Alan Alexander - Chairperson
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Proponents:
Corey Spady, for the applicant
Angie Perry
Opponents:
None
SUMMARY OF THE APPLICATION AND HEARING
This is a consolidated conditional use and sign application request to allow a 26 square foot
electronic message center sign in a residential zone as required by SRC 900.090(a), for property
approximately 9.4 acres in size, zoned RS (Single Family Residential), and located at 4875 Justice
. Way South - The Schirle Elementary School, Salem, Oregon. The subject site has been an
elementary school since 1973 and the applicant is proposing to install this electronic display sign on
the southwest wall, approximately 200 feet from Croisan'Scenic Way.
FINDINGS OF FACT AND CONCLUSIONS.
I.
The Salem Area Comprehensive Plan (SACP) map designates the property as "Community
Services- Education".
2.
The subject property is zoned RS (Single Family Residential).
The zoning of properties surrounding the site include:
North: RS (Single Family Residential) -across Joseph Street
Southeast: RS (Single Family Residential)- across Justi.ce Way Court .
East: RS (Single Family Residential)
West: RS (Single Family Residential)- across Croisan Scenic Way
3.
There were neighborhood comments relating to light and visual pollution. The Hearings
Officer's Order will address the impact of the light, visibility, and livability issues for the
surrounding properties as a criteria to be examined.
4.
Conditional Use criteria is found in SRC 900.090(a) which provides as follows:
(a) No electronic display sign may be erected in a residential zone without first
obtaining an electronic display sign conditional use permit pursuant to SRC 900.045.
The following criteria is established by SRC 900.045:
(1)
The proposed sign as conditioned, will not create or significantly increase street
level sign clutter.
It is the finding of the Hearings Officer that the sign will not increase the street level sign
clutter if the existing sign is removed. To ensure compliance, the Hearings Officer adopts the
,
following condition:
Condition 1: The existing manual reader-board shall be removed prior to the
installation of the electronic display sign.
(2)
The proposed sign, as conditioned, will not adversely impact the neat, clean,
orderly and attractive appearance of the surroun.ding area to a significant
degree.
The Hearings Officer finds, that with the addition of conditions 2,3 & 4, this criterion has
been satisfied. The sign will be approximately 200 feet from Croisan Scenic Way and approximately
80 feet from Justice Way South. Justice Way South is a local street where property owners expect
CASE NO. CU/SI-14-02
February 26, 2014
Page 2
limited impact from adjacent properties and traffic. By moving the signs further north on the
building to the main entrance to the school, it will be shielded from homes on Justice Way. In
addition, the sign will be mostly shielded from homes along Croisan Scenic Way due to the many
trees on the property and within the median ofCroisan Scenic Way. However, to ensure the sign
will not adversely impact the surrounding area, the Hearings Officer adopts the following conditions:
Condition 2: The sign shall be located on the southwest side of the building.
Condition 3: The display surface ofthe sign shall be shielded from view by an observer,
five feet above the ground, beginning at the southeast corner of the intersection of
Justice Way South and Croisan Scenic Way traveling northeast for 250 feet.
Condition 4: The trees on the southwest corner of the property shall be replaced with
similar species if removed.
To address the ambient light impact to the surrounding residential properties the Hearings
Officer will limit the hours of operation. To ensure this, Condition 5:
Condition 5: The electronic sign shall not be nsed between the hours of9pm and 7am.
(3)
The proposed sign will not present a traffic or safety hazard.
It is the finding of the Hearings Officer that the existing sign is very visible from Justice
Way. With the conditions to limit visibility to drivers traveling along the streets, the sign will not
cause traffic or safety hazard.
(4)
The proposed sign will comply with all other regulations, including but not
limited to sign height and placement restriction.
It is the finding of the Hearings Officer that the sign meets the size, location, and electronic
display requirements of SRC Chapter 900. This criterion is satisfied.
5.
Analysis of site permit sign standards.
The following sign standards apply and the Hearings Officer has determined, with conditions, that
this application meets all of these criteria.
(I)
General Illumination Standards; Zone-Specific Standards (SRC 900.075).
With the above conditions of approval placed upon this development, the sign will meet these
standards.
(ii)
Flashing Light; Zone-Specific Standards (SRC 900.080).
CASE NO. CU/SI-14-02
February 26, 2014
Page 3
The Hearings Officer finds the applicant is not proposing flashing lights, so this standard is
satisfied.
(iii)
Effects (SRC 900.085).
The applicant is not proposing a sign with effects, therefore, this standard is satisfied.
(iv)
Electronic Display Sign (SRC 900.090).
The applicant is proposing an electronic display sign. To ensure compliance with all of the
standards, the Hearings Officer adopts the following Condition:
Condition 6: The electronic display sign shall be operated in conformance with the
standards of SRC 900.090.
With this condition, the standard has been satisfied.
(v)
Rotating and Animated Signs; Zone-Specific Standards (SRC 900.095).
The applicant does not propose a rotating or animated sign. This criterion has been satisfied.
(vi)
Signs in Vision Clearance Areas (SRC 900.105).
It is the finding of the Hearings Officer that this sign is not located within the vision
clearance area.
(vii)
Wall Signs (SRC 900.150).
The proposed sign does not project beyond the wall of the building, have external braces, or
have a supporting structure other than the building. Therefore, this criterion has been satisfied.
(viii)
Permanent Signs in Residential Zones (SRC 900.195).
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One wall sign is allowed for the use. The wall sign shall be limited to display services not
exceeding 32 square feet. The sign is proposed to be 26 square feet. Therefore, the Hearings Officer
finds it meets this standard.
Based upon the foregoing, the Hearings Officer makes the following:
DECISION
The Hearings Officer GRANTS the request for a Conditional Use for an Electronic Display
CASE NO. CU/SI-14-02
February 26,2014
Page 4
Sign subject to the following conditions of approval:
Condition 1: The existing manual reader-board shall be removed prior to the.
installation of the electronic display sign.
Condition 2: The sign shall be located on the southwest side of the building.
Condition 3: The display surface of the sign shall be shielded from view by an observer,
five feet above the ground, beginning at the southeast corner of the intersection of
Justice Way South and Croisan Scenic Way, traveling northeast for 250 feet.
Condition 4: The trees on the southwest corner of the property shall be replaced with
similar species if removed.
Condition 5: The electronic sign shall not be used between the hours of 9pm and ?am.
Condition 6: The electronic display sign shall be operated in conformance with the
standards of SRC 90,0.090.
DATED:
March 5, 2014.
Scott A. Fewel, Hearings Officer
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CASE NO. CU/SI-14-02
February 26,2014
Page 5