ITEM NO(S): B.1 B.3 STAFF: SHARON ROBINSON FILE NO(S): CPC CU QUASI-JUDICIAL CPC UV QUASI_JUDICIAL CPC NV QUASI-JUDICIAL

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1 Page 16 CITY PLANNING COMMISSION ITEM NO(S): B.1 B.3 STAFF: SHARON ROBINSON FILE NO(S): CPC CU QUASI-JUDICIAL CPC UV QUASI_JUDICIAL CPC NV QUASI-JUDICIAL PROJECT: APPLICANT: OWNER: 400 SQUARE FOOT BILLBOARD BRIAN O LEARY, LAMAR OUTDOOR ADVERTISING BROAD REACH PROPERTIES, LLC Proposed Billboard Location E Woodmen RD. Site N. Marksheffel RD Mountain Spruce DR PROJECT SUMMARY: Project Description: A request by Lamar Outdoor Advertising (Lamar) for approval of a conditional use to relocate an existing 400 square foot billboard; a use-variance to allow a billboard to be located in a PBC (Planned Business Center) zone and two non-use variances to allow a billboard to be 35 feet in height where 30 feet is allowed and to be located within 500 feet of a residential zone. The subject property consists of 12.4 acres and is located 600 feet west of Marksheffel Road, south of Woodmen Road. This is a request to install a 400 square foot billboard with an overall height of 35 feet, on the southwest corner of Woodmen Road and Marksheffel Road at 0 East Woodmen Road. (FIGURE 1) The applicant is using billboard credits from a previously removed billboard to permit this billboard. (FIGURES 2-4) This billboard is to replace a

2 Page 17 billboard that the City is removing from the southeast corner of Academy Boulevard and Woodmen Road due to the road improvement project at this intersection. Applicant s Project Statement (FIGURE 5) Development Review Enterprise Recommendation: Approval subject to conditions. BACKGROUND: Site Address: Southwest corner of Woodmen and Marksheffel Roads Existing Zoning/Land Use - PBC Vacant land concept plan for neighborhood center Surrounding Zoning/Land Use - North - PUD Vacant land South - R-16/PUD - Residential East - PBC vacant land West - A vacant land Comprehensive Plan Designated 2020 Land Use: New/Developing Corridor Annexation - The property was annexed April 11, 2006 as part of Getz Annexation 1 Subdivision N/A Zoning Enforcement Action none Master Plan N/A Physical Characteristics This site is vacant, lower than Woodmen Road grade, no significant vegetation. STAKEHOLDER PROCESS: A mailing was done to property owners within the 1000-foot buffer notification. Staff received one inquiry on the billboard location. No negative comments were received. Airport Advisory Commission Has no objection with the following comments: An avigation easement or proof of previous filing will be requested for the underlying property at the time of development plan submittal. If temporary construction equipment over 200 above ground level (AGL) in height will be used, the applicant is to file Federal Aviation Administration (FAA) Form of construction activities. All Other Reporting Departments Standard or no comment ANALYSIS OF REVIEW CRITERIA /MAJOR ISSUES/COMPREHENSIVE PLAN AND MASTER PLAN CONFORMANCE: There are three primary planning issues regarding this request: 1. Conformance with Conditional Use criteria 2. Conformance with Use Variance criteria 3. Conformance with Non-Use Variance criteria 4. Conformance with the billboard standards listed in Chapter 7, Article 4, Part 406.I of the Zoning Code 1. Conditional Use Review Criteria In order for a conditional use to be approved, all of the following three criteria must be met: A. The value and qualities of the neighborhood surrounding the conditional use are not substantially injured. The proposed billboard is located within 500 feet of A (Agricultural) zoned residential parcels and is oriented to the east/west traffic along Woodmen Road. Per the zoning code, A zones are considered residential zones. For planning purposes, this designation is frequently used as a holding zone until parcels are re-zoned commercial at a later time. The A zones to the north and east are vacant. The Planned Unit Development (PUD) zone to the north is also vacant. Discussion with Land Use Review indicated that if there is residential planned for the PUD parcel it will be buffered from Woodmen Road and located farther north on the parcel. The closest residence to the proposed billboard is approximately 1300 feet in a PUD zone to the southeast. The proposed billboard will not have a negative impact on existing residential. This criterion is met. B. The conditional use is consistent with the intent and purpose of the Zoning Code to promote public health, safety and general welfare. The purpose of the billboard ordinance is to limit the impact of billboards on the community; to improve the appearance of specific corridors; to ensure compatibility between billboards and adjacent land uses and limit

3 Page 18 the impact billboards have on sign clutter in the community. Although billboards are a necessary form of advertising, it is also understood that they are not appropriate in all zones. The billboard ordinance addresses location standards which include spacing requirements between billboards, limiting the number of billboards allowed at intersections, and spacing requirements from residential zones. The proposed billboard meets the first two spacing standards. The proposed billboard does not meet the required 500 foot spacing from a residential zone. However, the closest residence is located approximately 1300 ft. away from the proposed location. The proposed billboard meets the intent of the spacing standards. This criterion is met. C. The conditional use is consistent with the Comprehensive Plan of the City. Comprehensive Plan Goals and Objectives: Strategy CCA 201c: Revise the Sign Ordinance to Reduce Sign Clutter. Revise the sign ordinance to reduce the proliferation of signs in commercial zones, particularly in activity centers and along major transportation corridors. The Comprehensive Plan encourages the reduction of clutter in commercial zones and along major transportation corridors. The current billboard ordinance addresses specific concerns regarding the impact of billboards on our community. The standards listed under the billboard section of the Zoning Code were developed to help reduce the proliferation of billboards as well as ensure their compatibility with adjacent land uses. This criterion is met. 2. Use Variance Criteria The following criteria must be met in order for a use and non-use variance to be granted. A. That there are exceptional or extraordinary circumstances or conditions applicable to the property involved or to the intended use of the property that do not apply generally to the property or class of uses in the same zone so that a denial of the petition would result in undue property loss: Due to the Woodmen Road Corridor Improvement project, the City must remove the existing billboard at the southeast corner of the Academy and Woodmen intersection. Although PBC is not one of the zones that a billboard is normally allowed in, the commercial designation of this parcel and possible uses in the surrounding area are not much different from some of the other billboard locations. Relocating the billboard to this particular PBC commercial zone will not be out of proportion with the proposed center and surrounding area. B. That such variance is necessary for the preservation and enjoyment of a property right of the petitioner. As part of the Woodmen Road Corridor project the City will require Lamar to remove the billboard at the southeast corner of Academy Boulevard and Woodmen Road. As a result of eminent domain, the City will be required to pay Lamar over $300,000 for the removal of the faces and structure, and the loss of income. The potential to relocate this billboard will help alleviate the hardship forced upon Lamar and will allow them to erect another billboard along the Woodmen corridor. This relocation would be in lieu of compensation for the hardship forced upon Lamar. C. That such variance will not be detrimental to the public welfare or convenience nor injurious to the property or improvements of other owners of property. The properties surrounding the proposed site are vacant; therefore the request will not create a hardship on existing property owners. The residences that are located over 1300 feet to the southeast will not be impacted by the billboard as it will be oriented to the east and west and will not directly face them.

4 Page Non-Use Variance Criteria A. The property has extraordinary or exceptional physical conditions that do not generally exist in nearby properties in the same zoning district. The maximum height of any freestanding sign in the PBC zone is 30 feet. The proposed billboard will be set several feet lower than the grade of Woodmen Road. The concept plan for the proposed neighborhood commercial center shows a maximum height of 45 feet for structures. The request to allow the billboard to be 35 feet tall instead of 30 feet tall will compensate for the lower level it will be constructed at. The sign code required 500 ft. spacing from any residential zone. Although the proposed billboard does not meet the 500 ft. spacing from a residential zone, it is 1300 ft. from the closest residence in the PUD zone to the southeast. The proposed billboard will not have a negative impact on existing residential. B. That the extraordinary or exceptional physical condition of the property will not allow a reasonable use of their property in the current zone in the absence of relief. The Woodmen Road Corridor project will require the billboard at the Academy/Woodmen intersection to be removed for construction of the overpass. By allowing the proposed billboard to be relocated to this site, it will help alleviate the impact the removal of the billboard will have on Lamar. C. That the granting of the variance will not have an adverse impact upon surrounding properties. The vacant parcels surrounding the proposed location are zoned A, PUD, and PBC. The placement of a billboard at this proposed commercial center will not have a negative impact on any of the surrounding properties. STAFF RECOMMENDATION Item No.: B.1 CPC CU CONDITIONAL USE Approve the conditional use as it meets the review criteria as set forth in City Code Section , subject to the following conditions: Conditions of Approval: 1. Lamar will need to apply for a sign permit from the City for the billboard. 2. The original billboard credits will need to be attached to the sign application. 3. The Record of Decision and stamped plans from the City Planning Commission hearing should be attached to the sign application Item No.: B.2 CPC UV USE VARIANCE Approve the use variance as it meets the review criteria as set forth in City Code Section (B). Item No.: B.3 CPC NV NON-USE VARIANCE Approve the non-use variances as they meet the review criteria in City Code Section (B).

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