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

Similar documents
CITY PLANNING COMMISSION AGENDA ITEM NO: G.1-G.3 STAFF: JAMES MAYERL

CITY PLANNING COMMISSION AGENDA ITEM NOS: B.1-B.3 STAFF: MEGGAN HERINGTON

CITY PLANNING COMMISSION AGENDA

CITY PLANNING COMMISSION AGENDA ITEMS: J & K STAFF: NATALIE BECKER FILE NOS: CPC ZC QUASI-JUDICIAL CPC DP QUASI-JUDICIAL

CPC Agenda July 18, 2013 Page 56 ITEM: E FILE NO: CORPORAT SITE

CITY PLANNING COMMISSION AGENDA ITEM: Q STAFF: ANDREW FIRESTINE FILE NO: CPC CM QUASI-JUDICIAL

STAFF: RACHEL TEIXEIRA

CITY PLANNING COMMISSION AGENDA

CITY PLANNING COMMISSION COMPREHENSIVE PLAN AND REVIEW CRITERIA

STAFF REPORT. To: Planning Commission Meeting date: May 11, 2016 Item: VN Prepared by: Marc Jordan

CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: November 1, 2018 Ordinance 24, 2018 / *Ordinance 25, 2018

CONSENT CITY PLANNING COMMISSION AGENDA ITEM: A STAFF: STEVE TUCK FILE NO.: CPC CU QUASI-JUDICIAL

DEVELOPMENT DEPARTMENT STAFF REPORT THE PARK AT 5 TH

Urban Planning and Land Use


PALM BEACH COUNTY PLANNING, ZONING AND BUILDING DEPARTMENT ZONING DIVISION

DEVELOPMENT DEPARTMENT STAFF REPORT STAFF REPORT MCDONALD S ZONING MAP AMENDMENT AND CONCURRENT VARIANCES

PLANNING AND ZONING COMMISSION AGENDA MEMORANDUM

CITY PLANNING COMMISSION AGENDA ITEM NOS: 15,16,17,18,19 STAFF: PATRICIA PARISH

PLANNING & DEVELOPMENT

PALM BEACH COUNTY PLANNING, ZONING AND BUILDING DEPARTMENT ZONING DIVISION ZONING COMMISSION VARIANCE STAFF REPORT 06/05/2014

PLANNING COMMISSION REPORT Regular Agenda Public Hearing Item CONDITIONAL USE PERMIT FOR VERIZON WIRELESS; 1287 E 1200 RD (SLD)

DEVELOPMENT DEPARTMENT STAFF REPORT DRESDEN HEIGHTS PHASE II DCI

Urban Planning and Land Use

PALM BEACH COUNTY PLANNING, ZONING AND BUILDING DEPARTMENT ZONING DIVISION ZONING COMMISSION VARIANCE STAFF REPORT 07/05/2012

Planning & Zoning Commission

Board of Adjustment File No.: VAR February 24, 2014 Page 2 of 7 VICINITY MAP ATTACHMENTS

City of Harrisburg Variance and Special Exception Application

Urban Planning and Land Use

PALM BEACH COUNTY PLANNING, ZONING AND BUILDING DEPARTMENT ZONING DIVISION

STAFF REPORT #

PLANNING COMMISSION REPORT Regular Agenda Public Hearing Item

DEVELOPMENT DEPARTMENT STAFF REPORT STAFF REPORT EDISON AT EASTSIDE DCI

NOTICE OF REASONABLE ACCOMMODATION PROCESS

Temporary Use Permit. A guide to the Application Process

Applicant Name: Parkside Partners, LLC Name of Project: Edison at Eastside Edison at Eastside Executive Summary Location: Site: Zoning: Former Interna

Urban Planning and Land Use

DEVELOPMENT DEPARTMENT STAFF REPORT STAFF REPORT BOJNANGLES SIGN VARIANCES

# Coventry Rezoning, Variation and Preliminary/Final PUD Project Review for Planning and Zoning Commission

Urban Planning and Land Use

HUERFANO COUNTY SIGN REGULATIONS SECTION 14.00

REPRESENTATIVE: Centerline Solutions Table Mountain Parkway Golden, CO 80403

THE AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN AGENDA

ARLINGTON COUNTY, VIRGINIA

Project Information. Request. Required Attachments

PALM BEACH COUNTY ENGINEERING DEPARTMENT. ZONING COMMISSION SUBDIVISION VARIANCE STAFF REPORT August 6, 2015

DEVELOPMENT DEPARTMENT STAFF REPORT STAFF REPORT DRESDEN DRIVE TOWNHOMES DCI

Allow continued use of existing grass runway for personal use by landowner.

PALM BEACH COUNTY PLANNING, ZONING AND BUILDING DEPARTMENT ZONING DIVISION

ARTICLE 8: SPECIAL LAND USES

EXTRA TERRITORIAL ZONING AUTHORITY CASE ANALYSIS

DEVELOPMENT DEPARTMENT STAFF REPORT

PALM BEACH COUNTY PLANNING, ZONING AND BUILDING DEPARTMENT ZONING DIVISION ZONING COMMISSION VARIANCE STAFF REPORT 09/03/2015

May 23, 2017 Staff Report to the Board of Zoning Ad justment. C AS E # VAR I t e m #1. Location Map. Subject

Conditional Use Permit case no. CU 14-06: Bristol Village Partners, LLC

Urban Planning and Land Use

PALM BEACH COUNTY PLANNING, ZONING AND BUILDING DEPARTMENT ZONING DIVISION ZONING COMMISSION VARIANCE STAFF REPORT 6/7/2007

REVISED # Federal Drive Milestones Therapy Project Review for Planning and Zoning Commission

Town of Cary, North Carolina Rezoning Staff Report 12-REZ-27 Morris Branch Town Council Public Hearing January 24, 2013

PLANNING AND DEVELOPMENT DEPARTMENT STAFF REPORT STAFF REPORT PREMIER AUTO SERVICES, INC. VARIANCES

Town of Cary, North Carolina Rezoning Staff Report. 956 W. Chatham Street. Town Council Meeting January 9, 2014

VARIANCE FROM THE DEVELOPMENT STANDARDS APPLICATION PROCEDURES

Agenda Information Sheet

CITY OF SANTA ROSA COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT FOR PLANNING COMMISSION SEPTEMBER 10, 2015 APPLICANT FILE NUMBER MJP

TOWN OF LANTANA. Preserving Lantana s small town atmosphere through responsible government and quality service. SIGN VARIANCE APPLICATION INFORMATION

Attachment 4. Planning Commission Staff Report. June 26, 2017

Urban Planning and Land Use

1. Mayor 2. Trustees 3. Treasurer 4. Clerk 5. Village Attorney 6. Public Safety Officials 7. Village Manager

VILLAGE OF DOWNERS GROVE PLAN COMMISSION VILLAGE HALL COUNCIL CHAMBERS 801 BURLINGTON AVENUE. June 2, :00 p.m. AGENDA

Billboard Relocation Code Amendments. City Council Transportation and Environment Committee March 23, 2009

PALM BEACH COUNTY PLANNING, ZONING AND BUILDING DEPARTMENT ZONING DIVISION

PALM BEACH COUNTY PLANNING, ZONING AND BUILDING DEPARTMENT ZONING DIVISION

Urban Planning and Land Use

Town of Waxhaw Board of Commissioners. Waxhaw Police Department Community Meeting Room Tuesday January 12, 2016

# Alexander Leigh Center for Autism Final PUD and SUP Amendment Project Review for Planning and Zoning Commission

CITY OF NAPLES STAFF REPORT

ARTICLE VII. NONCONFORMITIES. Section 700. Purpose.

CUP17-12 CONDITIONAL USE PERMIT REQUEST- EBERT LANE

Larimer County Planning & Building Dept. Procedural Guide for NON-RESIDENTIAL DISTRICT SIGNAGE Information and Requirements

PALM BEACH COUNTY PLANNING, ZONING AND BUILDING DEPARTMENT ZONING DIVISION ZONING COMMISSION VARIANCE STAFF REPORT 1/4/2008.

Planning Department Oconee County, Georgia

Town of Holly Springs

BOARD OF ADJUSTMENT MEETING CITY OF ST. PETE BEACH

TOWN OF ORO VALLEY PLANNING & ZONING COMMISSION MEETING DATE: December 6, 2011

VARIANCE APPLICATIONS Requirements and Process Overview

PALM BEACH COUNTY PLANNING, ZONING AND BUILDING DEPARTMENT ZONING DIVISION ZONING COMMISSION VARIANCE STAFF REPORT 06/07/2012

Glades County Staff Report and Recommendation REZONING

VARIANCE FROM USE APPLICATION PROCEDURES

VICINITY MAP. Board of Adjustment File No.: VAR & VAR January 9, 2014 Page 2 of 11 ATTACHMENTS

DEPARTMENT OF PLANNING Application for Variances, Special Exceptions through the Board of Adjustment

Burnett County, WI LAND USE VARIANCE APPLICATION, EXPLANATION, & REQUIREMENTS

MINUTES BOARD OF ADJUSTMENT On ONE ST. PETERS CENTRE BLVD., ST PETERS, MO MEETING OF May 20, :00 P.M.

LAND ACQUISITION FOR PUBLIC AIRPORTS

To: Planning and Zoning Commission Anna Bertanzetti, Planning Director Alice Hanson, Senior Planner

Rapid City Planning Commission Planned Development Project Report

Article 6 Development Permits. Division 5: Site Development Permit Procedures (Added by O N.S.; effective

SPECIAL EXCEPTION APPLICATION LEVY COUNTY, FLORIDA

PC Staff Report 11/18/2013 Z Item No. 1-1

Eric Feldt, Planner II, CFM Community Development Department

Stem Zoning Ordinance

Transcription:

Page 16 CITY PLANNING COMMISSION ITEM NO(S): B.1 B.3 STAFF: SHARON ROBINSON FILE NO(S): CPC CU 09-00042 QUASI-JUDICIAL CPC UV 09-00130 QUASI_JUDICIAL CPC NV 09-00128 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

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 7460-1 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

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.

Page 19 3. 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 09-00042 CONDITIONAL USE Approve the conditional use as it meets the review criteria as set forth in City Code Section 7.5.704, 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 09-00130 USE VARIANCE Approve the use variance as it meets the review criteria as set forth in City Code Section 7.5.803(B). Item No.: B.3 CPC NV 09-00128 NON-USE VARIANCE Approve the non-use variances as they meet the review criteria in City Code Section 7.5.802(B).

Page 20

CPC AGENDA Page 21

CPC AGENDA Page 22

CPC AGENDA Page 23

Page 24

Page 25