CITY PLANNING COMMISSION AGENDA ITEMS: K, L STAFF: SHARON ROBINSON FILE NOS: CPC CU QUASI-JUDICIAL CPC NV QUASI-JUDICIAL

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1 Page 111 CITY PLANNING COMMISSION AGENDA ITEMS: K, L STAFF: SHARON ROBINSON FILE NOS: CPC CU QUASI-JUDICIAL CPC NV QUASI-JUDICIAL PROJECT: APPLICANT: OWNER: RELOCATE EXISTING 400 SQUARE FOOT BILLBOARD BRIAN O LEARY, LAMAR OUTDOOR ADVERTISING DARRYL DEIGHTON PROJECT DESCRIPTION: This is a request by Brian O'Leary/Lamar Outdoor Advertising, for approval of a Conditional Use to remove and relocate an existing 400 square foot billboard, and to approve a Non-Use Variance to allow the billboard to be located 950 feet from another billboard where 1000 feet is required, on a C-6 (Commercial) zoned property. The subject property consists of.357 acres and is located at 220 East Fillmore. STAFF'S RECOMMENDATION: Item K: CPC CU CONDITIONAL USE Staff recommends approval of this Conditional Use to allow an existing 400 square foot billboard to be removed and relocated to 220 East Fillmore as it meets the Conditional Use criteria as set forth in Chapter 7, Article 5, Part 704 of the Zoning Code. Below are conditions of the approval: 1. The existing billboard at 300 East Fillmore must be removed and a billboard credit issued. 2. The proposed billboard location is within 660 of Nevada Avenue (a State Highway). The applicant must obtain a Roadside Advertising permit from Colorado Department of Transportation before applying for a sign permit from the City of Colorado Springs. 3. The billboard credit, Record of Decision and stamped plans must be attached to the sign application when applying for the sign permit. Item L: CPC NV NON USE VARIANCE Staff recommends approval of the Non-Use Variance to allow an existing 400 square foot billboard to be removed and relocated 950 feet from another billboard. This request meets the Non-Use Variance criteria as set forth in Chapter 7, Article 5, Part 802 of the Zoning Code. SUMMARY: This is a request to remove and relocate an existing 400 square foot billboard to the southeast corner of 220 East Fillmore. (Figure 1) The applicant will use the billboard credit he receives when the billboard is removed from the 300 East Fillmore address to permit the new billboard. The Non-Use Variance request is to allow the billboard to be 950 feet from another billboard where the Code requirement is 1000 feet.

2 Page 112 COMPREHENSIVE PLAN: 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. BACKGROUND: Existing Zoning/Land Use - C-6 Commercial Business First Amendment Surrounding Zoning/Land Use - North - C6 The Car Show (trailer & truck sales) (Figure 2) South - C6 Pawn Shop & Walgreens East - C6 Railroad Tracks/Stone Mountain Carpet West - C6 Jiffy Lube Annexation - January 1970 Zoning C6 (Commercial) Subdivision North Colorado Springs Addition #2 Zoning Enforcement Action - none Physical Characteristics This parcel is located at the northeast corner of Nevada Avenue and Fillmore Street and is surrounded by other C-6 commercial businesses. DEPARTMENTAL REPORTS: All Reporting Departments - Standard or no comment. PETITIONER'S JUSTIFICATION: (Figure 3) STAKEHOLDER PROCESS: A mailing was done to property owners within the 1000-foot buffer notification. Staff received one phone call from Randy Torbett, an attorney for the property owner where the billboard currently is located. The owners wanted to oppose the request because they will lose income if the billboard is relocated. Staff informed Mr. Torbett that if the existing billboard was removed from the 300 East Fillmore address, the property owners would not be able to install a new billboard at that location based on the current billboard ordinance criteria. ANALYSIS OF MAJOR ISSUES: There are three primary planning issues regarding this request: 1. Conformance with the billboard standards listed in Chapter 7, Article 4, Part 406.I of the Zoning Code (Refer to Figure 4) 2. Conformance with Conditional Use criteria 3. Conformance with Non-Use Variance criteria 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 surrounding neighborhood should not be substantially injured. In February 1991, the current billboard ordinance was passed which set stringent standards for the location of billboards. This ordinance was reviewed and revised with the input of neighborhood associations, the billboard industry and staff. The billboard criteria listed in the Zoning Ordinance today is the result of negotiations between all parties before it was approved by City Council. The proposed billboard is oriented to the west and east along Fillmore Street and is not directed towards any residential zone. The proposed location is in the southeast corner of the property and all surrounding properties are zoned C6 commercial. This criterion is met.

3 Page 113 B. The conditional use should be consistent with the intent and purpose of the Zoning Ordinance. 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 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 Zoning Code allows billboards as a conditional use in the C6 zone. The Zoning Code addresses a variety of standards billboards must adhere to, one of which details the location standards. The first location standard is the 1,000 foot spacing between billboards. This billboard is currently located approximately 660 feet from another billboard on Fillmore Street. By relocating this billboard approximately 290 feet to the west, we are decreasing the non-conforming status and bringing it closer to the 1000 feet spacing standard listed in the City Sign Code. The second is a limitation in the number of billboards allowed at intersections, and the third standard addresses the 500 spacing requirement from residential zones. The proposed billboard meets these other two standards. This criterion is met. C. The conditional use must be consistent with the Comprehensive Plan. 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. NON USE VARIANCE REVIEW CRITERIA Section B sets forth three (3) criteria, which must be met if a non-use variance is to be granted. Following is how the subject request does or does not meet each of the three- (3) criteria. A. The property has extraordinary or exceptional physical conditions that do not generally exist in nearby properties in the same zoning district. Under the billboard criteria, there is a 1000-foot spacing required between billboards. The existing billboard is approximately 660 feet from another billboard on Fillmore. By relocating the existing billboard to the proposed location, we are decreasing the non-conforming distance requirement and are approximately 50 feet short of the 1000-foot distance criteria. Criterion A. is met. B. That the extraordinary or exceptional physical condition of the property will not allow a reasonable use of the property in its current zone in the absence of relief. When reviewing requests for non-conforming signs, the ultimate goal is to eliminate the nonconforming use if possible, the second option is to try to modify or bring the non-conforming use closer to compliance. In relocating the proposed billboard, we are accomplishing that goal by decreasing the non-conforming distance criterion. Criterion B is met. C. That the granting of the variance will not have an adverse impact upon surrounding properties. The surrounding area is all C6 commercial businesses, which allow freestanding signs to advertise on-premise advertising as well as billboards that allow off-premise advertising. By relocating the billboard to the east we are relocating a large billboard farther from two other existing ones, which will help reduce the appearance of clutter along the Fillmore streetscape. Criterion C is met.

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CITY PLANNING COMMISSION AGENDA ITEM NO: 7 STAFF: ERIN MCCAULEY FILE NO: AR NV (AP) QUASI-JUDICIAL

Page 98 CITY PLANNING COMMISSION AGENDA ITEM NO: 7 STAFF: ERIN MCCAULEY FILE NO: AR NV 08-00592 (AP) QUASI-JUDICIAL PROJECT: APPELLANT: OWNER: 555-559 S. 8 TH STREET PARKING VARIANCE 8 TH AVENUE, LLC THJ