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Clear Channel IUP Report July 10, 2006 Page 2 Interim Use Permit Approval Process The City Code indicates that an IUP be processed in a fashion identical to that of a conditional use permit. Section 1125.01 articulates the process for approving a conditional use permit (CUP) which is initiated by the Planning Commission’s review of the possible and potential for adverse effects of the proposed interim use. After reviewing the possible adverse impacts of the interim use, the Planning Commission makes a recommendation to the City Council which holds a public hearing to consider the request. The Planning Commission has recommended denial of the IUP based upon potential for visibility conflicts and obstruction to off-site buildings. Adverse Effects Criteria (1) Relationship to Municipal Comprehensive Plan. The Comprehensive Plan does not address or contemplate the issue of billboards. The Planning Commission contends that billboards are not addressed or contemplated intentionally and reflect a desire to minimize billboards in the City. (2) The geographical area involved. The Mermaid property is located at the southwest corner of the City at the intersection of County Road 10 and County Road H. County Road 10 is considered the City’s primary commercial corridor and in this general area, commercial and office land uses dominate the landscape. The closest residential property is located more than 1,000 feet north on County Road 10 and the billboard would not be readily visible from any residential property. The billboard would be located at the north corner of the nine-acre Mermaid property with the nearest affected property being the Abbey Carpet building. (3) Whether such use will tend to or actually depreciate the area in which it is proposed. While staff does not believe that the placement and installation of the billboard on the Mermaid property would have a negative or depreciatory effect upon the subject property or adjoining properties, the Planning Commission believes otherwise. Their resolution, attached for the Council’s reference, does cite depreciation as a factor in their recommendation of denial. It can also be argued in a more comprehensive sense that the placement of the billboard on County Road 10 would depreciate the ongoing efforts of the City to improve the appearance and aesthetics of the corridor and would be contrary to the goals of the County Road 10 Corridor Improvement Program. A resident expressed this very sentiment at the Planning Commission’s July 5th meeting. (4) The character of the surrounding area. The area south of Woodale Drive and north of County Road H is strictly developed as Commercial or office type usage. The Abbey Carpet building is newer than other buildings in this location however the area as a whole is well maintained.