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HomeMy WebLinkAbout2009 07 13 Public Hearings 505 Second Reading Ordinance 2009-03 SignsCITY COMMISSION AGENDA ITEM 505 July 13, 2009 Meeting Consent Information Public Hearin X Re ular MGR. P . REQUEST: The City Attorney's Office and Community Development Department request the City Commission remove this item from the table and hold a public hearing for second reading and adoption of Ordinance No. 2009-03, amending chapters 16 and 20 of the City Code, as they relate to the signage. PURPOSE: The purpose of this Agenda Item is to request the Commission adopt Ordinance No. 2009-03, which is proposed to make these sign regulations more conducive to effective business communication of products and services. APPLICABLE LAW AND PUBLIC POLICY: Section 2 (b), Article VIII. of the State Constitution. Cheater 166, Florida Statutes. Winter Springs Charter, Section 4.15.Ordinances in General. Winter Springs Code of Ordinances. Chapter 16 & Chapter 20. Recent Court Cases DISCUSSION: The City's sign regulations were amended in October 2006 to make them content-neutral, to be consistent with recent case law and, therefore, defensible against legal challenges. The City Commission was asked to consider amending the existing code, which currently prohibits off-premises signage. Based upon the Commission's policy direction, the proposed ordinance defines property owner association common areas as "on-premises" for temporary signs placed by association lot and unit owners, authorizes temporary "off-premise" signs, subject to the issuance of a permit and other limitations in order to protect against an unreasonable proliferation of such signs that could undermine the aesthetic and traffic safety government rationale supporting the sign code. The proposed ordinance further clarifies the definition of a "temporary sign," clarifies the removal requirements for temporary "on-premise" signs July 13, 2009 Public Hearing Item 505 Page 2 advertising products and services, and adds language to ensure that each tenant in a multi- tenant commercial property has the ability to place one "on-premise" temporary sign. March 4, 2009 LPA/P&Z: At the March 4, 2009 LPA/P&Z meeting, additional signage issues were addressed: (1) the one half mile limit from the activity, (2) commercial banner sign permit duration, and (3) the difference between allowable building-mounted multiple tenant signage for buildings with sepazate entrances within the SR 434 Redevelopment (see also New Development) Overlay Zoning District. Areal estate representative questioned whether or not the one-half mile rule were too stringent, given that a home might be more than one half mile within a subdivision. In response to this concern, the City Attorney's office provided additional language to clarify that all common area within the subdivision could be considered "on-premises." This issue surfaced again at the June 22, 2009 City Commission -the ordinance was postponed until July 13 and has been modified again to accommodate a greater distance. Staff suggested further consideration for the time limits set forth for banners in Section 16-87 of the City Code. Currently, on commercial, industrial, or multi-family zoned property, one banner, not to exceed sixty-four (64) squaze feet, may be permitted for a maximum duration of 14 calendaz days within one calendaz yeaz. On residentially zoned property, one banner, not to exceed twenty-four (24) square feet, may be permitted for a maximum of three (3) calendar days within one calendaz yeaz. This banner in residential zoning provision has not been an issue. Applicants for commercial banners have complained that the expense and effort obtaining a banner permit is difficult to justify for this limited time the banner may legally be in place. The boazd may decide to include banners in its recommendation to the City Commission. Staff recommended this be modified for non-residential and multi-family zoned properties, to allow a banner for up to 45 calendar days within one calendar year. This modification has been added to the ordinance. Also, at that meeting, an established local business owner came forward to address the existing provisions of Subsection 20-486 (3) (h) of the City Code (SR 434 Redevelopment Overlay Zoning District), which restricts building-mounted signage for buildings with sepazate exterior tenant entrances to only two (2) square feet for office (regazdless of the office frontage), while allowing a retail use in the same building to provide signage that is 2 feet tall and 70 percent of the linear feet of storefront the business occupies. Staff recommended that the office use be provided the same signage prescription as the retail use in both the SR 434 Redevelopment and New Development Overlay zoning districts. This modification has been added to the ordinance. Page 2 July 13, 2009 Public Hearing Item 505 Page 3 At the April 1, 2009 meeting, a proprietor came forwazd to state that as a business owner in a single-tenant building within the SR 434 Redevelopment Overlay Zoning District, that they aze only allowed a 16 square foot building-mounted sign, whereas, a tenant in a multi-tenant building with sepazate entrances could have a building mounted sign that is lazger - in proportion to the business frontage on the adjacent roadway. Staff recommended this be modified to be equal for single and multi-tenant buildings with separate entrances, in both the SR 434 New Development and Redevelopment Overlay Zoning districts. This modification has been added to the ordinance. The City Commission held first reading on May 26, 2009. At the June 22, 2009, City Commission, the question of if one half mile were an adequate distance for off-site realtor signs was raised. The Commission postponed second reading and adoption until the July 13, 2009 meeting. The ordinance has been revised to provide off-site signage farther from the house being offered for sale. FINDINGS: • The request is in keeping with the intent of the City's Comprehensive Plan, and Chapter 166 of Florida Statutes. • The request is in conformance with the purpose and intent of the City Code and with all applicable requirements. • The request is in keeping with Article VIII, Section 2(b) of the State Constitution. • The goals of this request are unrelated to the suppression of free speech. • Aesthetic interests aze a legitimate basis for regulating signage. • The ordinance was advertised prior to the LPA public hearing. • The ordinance was advertised on Thursday, June 4, 2009 (Orlando Sentinel, page D9). LPA/P&Z ACTION: The LPA/P&Z held three (3) public hearings (03/04, 04/01, and 05/06/09), addressing the proposed sign ordinance. At its meeting of May 6, 2009, the LPA voted to recommend approval of Ordinance No. 2009-03. RECOMMENDATION: The LPA and staff recommend that the City Commission remove this item from the table, hold a public hearing for, and approve second reading and adoption of Ordinance 2009- 03. Page 3 July 13, 2009 Public Hearing Item 505 Page 4 ATTACHMENTS: A. Draft Ordinance No. 2009-03 revision B. Draft Minutes of March 4, 2009 LPA/P&Z C. Draft Minutes of April 1, 2009 LPA/P&Z D. Draft Minutes of May 6, 2009 LPA/P&Z E. Minutes of May 26, 2009 Commission F. Newspaper Advertisement (6/04/09 Orlando Sentinel, page D9) COMMISSION ACTION: Page 4 ATTACHMENT A ORDINANCE NO. 2009-03 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, AMENDING ARTICLE III OF CHAPTER 16 OF THE CODE OF ORDINANCES RELATED TO SIGNS; AMENDING DEFINITIONS; AMENDING PROVISIONS REGARDING TEMPORARY SIGNS; AMENDING CHAPTER 20 OF THE CODE OF ORDINANCES RELATED TO BUILDING MOUNTED SIGNS ALONG THE SR 434 NEW AND REDEVELOPMENT CORRIDORS; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, INCORPORATION INTO THE CODE, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, through the enactment of this Ordinance, the City Commission desires to continue to preserve and improve the quality of urban life and aesthetics within the City of Winter Springs. See Members of the City Council v. Taxpayers for Vincent, 466 U.S. 789 (1984); Metromedia, Inc. v. City of San Diego, 453 U.S. 490 (1981); and WHEREAS, the City Commission recognizes that the Oviedo/Winter Springs Regional Chamber of Commerce is of the opinion that its members believe that temporary signage is an inexpensive, effective way to promote business products and services; and WHEREAS, the City Commission also recognizes that the Nation is currently in the midst of a significant recession and that the City desires to relax the current temporary sign regulations in order to assist in promoting business development and activities within the City; and WHEREAS, the City Commission finds that pursuing economic development and enhancing and expanding economic activity within the City of Winter Springs serves a legitimate public purpose. See § 166.021(9)(a), Fla. Stat.; and WHEREAS, the City Commission finds that this ordinance is unrelated to viewpoint and the content of any message, and maintains the City's legitimate and substantial government interest in minimizing sight pollution and traffic and safety hazards to persons and property during high City of Winter Springs Ordinance 2009-03 Page 1 of 9 winds, while at the same time balancing the need to promote economic development and the business interests of the community; and WHEREAS, the City Commission finds that the goals of this Ordinance are unrelated to the suppression of free expression; and WHEREAS, aesthetic interests are a legitimate basis for regulating signs. See, e.g., Lake Wales v. Lamar Advertising Assn of Lakeland, 414 So. 2d 1030 (Fla.); Messer v. City of Douglasville, Ga., 975 F. 2d 1505 (11~' Cir. 1992); and WHEREAS, the City Commission of the City of Winter Springs, Florida, hereby finds this Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Winter Springs. NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS HEREBY ORDAINS, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are hereby incorporated herein by this reference. Section 2. Amendment to Chapter 16, Article IH, Signs, of the City Code. The City of Winter Springs Code of Ordinances, Chapter 16, Article III, Signs, is hereby amended as follows: underlined type indicates additions and stri~cettt type indicates deletions, while asterisks (***) indicate a deletion from this Ordinance of text existing in Chapter 16, Article III. It is intended that the text in Chapter 16, Article III denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance): CHAPTER 16. SIGNS AND ADVERTISING ,~ ,~ ARTICLE III. SIGNS DIVISION 1. GENERALLY Sec. 16-51. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: On-Premises Sign shall mean a sign (1) identifying an activity conducted or products or City of Winter Springs Ordinance 2009-03 Page 2 of 9 services available on the premises where the sign is located, or (2) displaying a noncommercial message or (3) any combination of the two. For purposes of this definition. common areas within a duly organized homeowner or condominium association shall beconsidered on-premises for each individual unit or lot within said association in recognition of any right the unit or lot owner has to use said areas under Florida law and the association's covenants and rules. Temporary Sign shall mean a sign displayed before, during or after an event or occurrence scheduled at a specific time and place, or which is not designed or intended to beplaced permanent inclusive for example, for rent signs, for sales, ig 15, construction signs, real estate signs, management signs, social or special event signs. *** Sec. 16-55 Exemption from permit requirements. (a) The following signs may be erected without a permit, subject, however, to all remaining requirements of these regulations: *** (6) Temporary on_premises signs that do not exceed six (6) square feet, provided the signs meet the requirements of set forth in sections 16-59 and 16-60. *** Sec. 16-57 Prohibited Signs. The following signs are hereby prohibited: *** (11) Off-premises signs except temporary off-premises si ng_s may be authorized by_aermit in accordance with the provisions set forth in section 16-60 of this article. *** Sec. 16-60. Supplemental Temporary Sign Requirements. In addition to any other applicable provision of this article and code, the following minimum City of Winter Springs Ordinance 2009-03 Page 3 of 9 standards shall apply to all temporary signs: (a) Temporary signs shall be removed within three (3) days after the date upon which the sign has fulfilled its purpose (e.g., the scheduled event or occurrence has concluded). However, in cases where the temporary on-premises sign is advertising_products or services for sale on the prope , ,the tem~por si ng_may only be erected during the time period when a person may actuallypurchase the products or services on the property. In addition, temporary off-premises si ng_s shall be governed by the time limits set forth in subparagraph (s). (b) On property zoned residential or used for residential purposes, no temporary sign shall exceed six (6) square feet and the total number of temporary signs on any one residential property shall not exceed four (4). (c) On property zoned other than residential or used for non-residential purposes, no temporary sign shall exceed nine (9) square feet and the total number of temporary signs on any one non-residential property shall not exceed thirty-six (36) square feet. However, on property with multiple commercial tenants. each tenant may erect one tempor si~an on or facing each street frontage adjacent to the property even if the total square footage of temporar~gnage for the entire property exceeds thirty-six sic uare feet. (d) If the temporary sign is a ground sign, the maximum height of any such sign shall be four (4) feet on property zoned or used for residential purposes, or eight (8) feet on any non-residential property. (e) Such signs shall also meet the following minimum standards: (a) the sign must be at least five (5) feet from any right-of--way; (b) the sign must be at least ten (10) feet from side and rear property lines; (c) the sign shall not be illuminated. (f) Upon issuance of a building permit, areas under development pursuant to an existing development order approved by the City shall be permitted one (1) additional non-illuminated temporary sign not to exceed a sign area of sixteen (16) square feet and six (6) feet in height for a single family lot orthirty-two (32) square feet and ten (10) feet for multi-family, commercial, industrial, and institutional development projects. Signs permitted hereunder shall be permitted for one (1) year or until the building permits for the area under development have expired or been revoked. All signs shall be removed when the project has been completed, suspended, or abandoned for at least three (3) months. ~ Temporarypremises signs maybe erected upon issuance of apermit by the city. City of Winter Springs Ordinance 2009-03 Page 4 of 9 provided the tempgrary off-premises signs) meets the following conditions: (1) The sign may only be erected on property during weekends and national holiday between the hours of 8:30 a.m. and 5:30 p.m. (2) The sign ma~only be located within one (1) mile of the activi ,event or place being displayed or promoted on the sign, and the activi , event or place so displayed or promoted on the sign shall be required to be located within the jurisdictional boundaries of the Citv. (3) The property owner on which the sign will be erected has consented to the placement of the sign. However. the property owner shall not allow more than four (4) temporary off- premises sins on any one property. (41 The size. hei hg t, and placement of the sign shall comply with the requirements set forth in this section. (5) No sign shall be erected on or within any right-of-waX (6L Any permit issued for an individual property under this subsection shall have a maximum duration of forty-five (45) consecutive calendar days If the,permit is for purposes of promotin ag~pecific activity or event, there shall be a maximum one permit limit for each activity or event. provided. however. there shall also be a two permit limit ner calendar year for anv,particular place of business or residence Special events which are sponsored or cosponsored b t~h', county or school district. and which are intended to be open to the eg n~public and community at-lar eg_ using,public facilities, shall not be subject to the two permit limit. *** Sec. 16-87. Banners. A maximum of one (1) on-premises banner sign may be erected on commercial, industrial, ormulti-family zoned property provided that the banner does not exceed sixty-four (64) square feet and is not erected for more than fourteen fo -five (f4~ calendar days during any one calendar year. A maximum of one (1) on-premises banner sign may erected on property zoned residential provided the banner does not exceed twenty-four (24) square feet and is not erected for more than three (3) calendar days during anyone calendar year. With respect to property zoned town center. the size and time requirements set forth in this section shall be determined based on whether the property is being used or permitted for commercial multi-family or residential purposes with vacant un;permitted property within the town center being treated as commercial. All banner signs shall be securely fastened to a structure in a manner to withstand weather elements commonly experienced by the city. City of Winter Springs Ordinance 2009-03 Page 5 of 9 *** Section 3. Amendment to Chapter 20 of the City Code. The City of Winter Springs Code of Ordinances, Chapter 20 is hereby amended as follows: (underlined type indicates additions and str'ilteetet type indicates deletions, while asterisks (***) indicate a deletion from this Ordinance of text existing in Chapter 20. It is intended that the text in Chapter 20 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance): Sec. 20-470. Signs. All signs and sign elements, including shape, form, lighting, materials, size, color and location shall be subject to approval by the city commission if such signs or sign elements are visible from adjacent properties or a street right-of--way. *** (3) Building mounted mzrlti=tenant identification sign for buildings with separate exterior tenant entrances: In addition to the ground mounted identification sign, tenant signs shall be permitted on the exterior walls of the building at a location near the principal tenant entrance, and be consistent with the following criteria: a. Shall be limited to one sign per tenant for on-premises use. b. The sign(s) shall be clearly integrated with the architecture of the building, and shall be consistent in design, format, and materials with the architecture of the proposed building. c. The sign(s) shall not either project above any roof or exceed a height of fourteen (14) feet. d. Wall signs shall display only one (1) surface and shall not be mounted more than twelve (12) inches from any wall. e. When more than one (1) tenant sign is used on one (1) building, all tenant signage shall be consistent in size, materials, and placement. f. The maximum size of sign letters and logos, including any sign backgrounds, shall be twenty- four (24) inches in height for individual tenants other than anchor tenants. The maximum height of letters and logos for anchor tenants ' hall not exceed twenty-five (25) percent of the building height. An anchor tenant is defined as the major business in a center that is/are in excess of one hundred (100) front feet and a minimum area often thousand (10,000) square feet. g. The length of the sign may occupy up to seventy (70) percent of the linear feet of the storefront the business occupies. The anchor tenant may have the signage permitted for a building mounted single tenant identification sign. City of Winter Springs Ordinance 2009-03 Page 6 of 9 (4) Reserved. , l~P~'b~~ fibrrr7tny~rov~t~l: *** Sec. 20-486. Signs. All signs and sign elements, including shape, form, lighting, materials, size, color and location shall be subject to approval by the city commission if such signs or sign elements are visible from adjacent properties or a street right-of--way. *** (3) Building mounted mu#i=tenant sign for buildings with separate exterior tenant entrances: In addition to the ground mounted identification sign, tenant signs shall be permitted on the exterior walls of the building at a location near the principal tenant entrance, and be consistent with the following criteria: a. Shall be limited to one (1) sign per tenant for on-premises use. b. The sign(s) shall be clearly integrated with the architecture of the building. Shall be consistent in design, format, and materials with the architecture of the proposed building. c. The sign(s) shall not project above any roof or canopy elevations. d. Wall signs shall display only one (1) surface and shall not be mounted more than twelve (12) inches from any wall. e. When more than one (1) tenant sign is used on one (1) building, all tenant signage shall be City of Winter Springs Ordinance 2009-03 Page 7 of 9 consistent in size, materials, and placement. f. The maximum size of sign letters and logos, including any sign backgrounds, shall be twenty- four (24) inches in height for individual tenants other than anchor tenants. The maximum height of letters and logos for anchor tenants ' hall not exceed twenty-five (25) percent of the building height. An anchor tenant is defined as the major business retail-strn~in a center that is in excess of one hundred (100) front feet and a minimum area of ten thousand (10,000) square feet. g. The length of the sign may occupy up to seventy (70) percent of the linear feet of the storefront the business occupies. The anchor tenant may have the signage permitted for a building mounted single tenant identification sign. (4) Reserved. , P fiK~l: *** Section 4. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted bythe City Commission, or parts ofprior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 5. Incorporation Into Code. This Ordinance shall be incorporated into the Winter Springs City Code and any section or paragraph, number or letter, and any heading may be City of Winter Springs Ordinance 2009-03 Page 8 of 9 changed or modified as necessary to effectuate the foregoing. Grammatical,. typographical, and like errors may be corrected and additions, alterations, and omissions, not affecting the construction or meaning of this ordinance and the City Code may be freely made. Section 6. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Ordinance. Section 7. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Commission of the City of Winter Springs, Florida, and pursuant to City Charter. ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the day of , 2009. JOHN F. BUSH, Mayor ATTEST: ANDREA LORENZO-LUACES, City Clerk Approved as to legal form and sufficiency for the City of Winter Springs only: ANTHONY A. GARGANESE, City Attorney First Reading: Second Reading: Effective Date: City of Winter Springs Ordinance 2009-03 Page 9 of 9 yw .... ..w.Zmn:~i'!f.v.-ov r,q;~ ':1i~_s~r.:~,+-~".~::.. .. .'t:"' ATTACHIV~NT B am aF wn+rrFx SPRINGS. FLORIDA ` UNAPPItOVFD irmavlFs PLANNING AND ZONING HOARWi.OCAL pLAbII~III~iGAGENCY REGULAR MFE'rII~TG-MARCH 4, 2009 PAGE 5 OF 5 "I MOVE THAT [AGENDA] ITEM: `500' BE TABLED UNTII. THE MARCH 10~, 2009 MEETING GIVING: S`ri' AN OPPORTUNITY TO CLEAN UP THE LANGUAGE." MOTION BY :VICE CHAIItM[AN POE. MR. STEVENSON STATED, "PLEASE BE AWARII~THAT YOU WILL PROBABLY NOT SEE AN AGENDA ITEM UNTIL. THAT.I~TIGITI' ON THIS 1F YOU DO IT ON THE 10~ (MARCH 2009] AS LOATG :AS WE HAVE THAT ON THE RECORD." DISCUSSION. SECONDED BY HOARD MEMBER REVICZKY. DISCUSSION. Chairman Lacey opened the "Public Input» portion of this Agenda Item. No one spoke. Chairman Lacey closed the "Public Input"portion of this Agenda Item. CHAIR11tAN LACEY STATED, KIS 'THERE ANY FURTHER DISCUSSION ON THE MOTION TO TABLE UNTII. MARCH 10~ [2009)?" VOTE: C7~AIRMAN LACEY: AYE BOARD MEMBER H'EATWOLE: AYE BOARD MEMBER REVICZKY; AYE VICE CHAIRMAN POE: AYE MOTION CARRIED. PU>sLIC >~ARnvcas 501. Offoe Of The City Attorney And Community Devebpment Department Realaests That The Plltaniag And Zooiog Board Hold , A Public Hearing To Consider Ordisancc No. (Nnniber) 2009-03, Amending Chapter 16 Of The City Code, As It Relates To The Signage. Mr. Baker introduced this Agenda Item and stated, "We are recommending Approval of the language in front of you, but we are open for consideration on these other points of interest." Chairman Lacey asked, "When we talk about the Pernut for - on premises, do you know if there is going to be a Fee associated with that Permit?" Mr. Baker replied, "There is a Fee established for any sign, I believe over six (~ square feet." Mr. Baker read Section 16-54. (9) of the City Code to those in attendance. Captain Glenn Tolleso>R Code Enforcement Bureau, Police D~eparhnerlt: spoke on Permits, Sigmage, and Right-of--Ways. .... ~..:.__ .-. ..a' ".~/<.{.~n JL~~.~wT.".~JYi~l: .' _ _. .' =. _ _,.':,~K MiI~.tiC'.~_ 'Ljlli :.~.~ ~... ..._~ .. ._-_ '. ~ ... .._ ~: ~ • . ..,~.....: ~ -- ^.....: . • . ...:..:,fi'rM: '..ri:•:...... , :.'.i,~i`-•sF.77!~~i!!~D. •.':~ls- .t.: i .. ... -r!ir•,~"-:.: Y.r..awa/+lA~i•'7~F.. CITY OF wQdIFR SPRIPfGS. FLORIDA UNMPROV6D MIN[T!'IS MANNING AND ZONING HOARD~f WCAL PLANNING AGENCY RF.GULARII~'TING-MARCH 4, 2009 PAGE 6 OF 6 Chairman Lacey opened the "Public Input"portion of thrs Agenda Item. Ms Frankie Elliott, 1330 Lee Road, Orlando, Florida: spoke on behalf of the Orlando Regional Realtors Association and was in favor of this Ordinance. Referencing Ordinance 2009-03, (2~ Ms. Elliott suggested eliminating the distance as not everyone will be within a half mile of a particular roadway. Referencing Ordinance 2009-03, (~, Ms. Elliott recommended there be an Appeal P~& Mr. Tom Waters 1033 Antelope Trail, Winter Springs, Florida: addressed the Board Members and spoke about illegal signage. Captain Tolleson spoke about Citations and stated, "We do take an active approach on the Right-of-Ways." Ms. Linda ~ Biller, 301 West State Read 434, Winter Springs, Florida: spoke to the Board Members about temporary Banners and Signs and recommended that her business is seasonal and thought that the regulation could be expanded for added exposure. Discussion. Chapman Lacey closed the "Public Input"portion of this Agenda Item. Tape 1/Side H Mr. Stevenson stated, "We will revisit this, Mr. Chairman, at your request and the direction of this Board with the City Attorney to try to clarify that language and to also look at the Banners." Mr. Stevenson then added, "There are obviously some seasonal businesses that have to make probably the great majority of their income during certain seasons:' Further discussion ensues on Banner Signs. With additional comments, Mr. Stevenson stated, "If it is your direction that we address this - I think our intention is to get back with the City Attorney and draft said language." Vice Chaim~an Poe asked, "Is the Staff still seeking Approval of this with those caveats or conditions?" Mr. Stevenson replied, "If your Motion is to Approve the language in front of you with the additional condition that Staff work with the Attorney to draft language to address the situation -the inequity in the signage for retail versus businesses along [State Road] 434, we can take it from there." {.~''qi'-~.~:."~fi7~7Pne•..~-P~ ...~ ._ ..,.,~.~-... o,~,. .,..,. ._.. .y+."":W'4~R~'.'+M^"'i. .,-~ y-a....._.,.E7f'R~'7PSP~WY'w.~"'., .:.. ., ....:-awv~.?r,:-,~'•,:~.r ....... CITY OP VYINt'EA SPRINGS, FLORIDA UNAPPROVED MQiUlES PLANNING AND ZONING HOARD/I.OCAL PLANN<rIG AGENCY REGULAR MEETING -MARCH 4, 2009 PAGE 7 OF 7 Furthermore, Vice Chairman Poo stated, "That is the intent of my Motion." Mr. Stevemson replied, "Your direction gives us the ability to go back and continue our discussions with the City Attorney." Mr. Stevenson then added, "If we do make those changes, I believe we have to bring them back to the LPA (Local Planning Agency) before we pmceed to the Commission:' Ms. Sahlatmm pointed out, "I would ask the LPA (Local Planning Agency) what their direction is on that." Chairman Lacey stated, "We have been sufficiently vague about what the outcome is going to be that I do not know what the recommendation would actually look ll~ce, so I would like to see it come back." Next, Vice Chairman Poe noted, "That would be included in the Motion, if necessary." Ms. Sahlstrom asked, "Do you want it to Table to Date Certain?" Chairman Lacey stated, "Yes." Vice Chairman Pce asked, "Would then our next Meeting of April the 1'~ [2009) be - at least that much time " "I MOVE THAT [AGENDA) ITEM `501' BE APPROVED WITH THE STATEMENTS MADE BY RANDY STEVENSON -DATE CERTAIN OF APRII. THE 1'~ OF 2009 AND HAVE THAT ORDINANCE COME BACK TO US." MOTION BY VICE CHAIRMAN POE. SECONDED BY HEATWOLE. DISCUSSION. VICE CHAIRMAN POE CLARIFIED, "THIS IS APPROVED BUT TO DATE CERTAIN WHEN THEY BRING BACK THOSE OTHER PROVISIONS." CHAIRMAN LACEY REITERATED, "THE MOTION AS SECONDED IS TO APPROVE [AGENDA] ITEM `501' WITH THE -INEQUITIES BETWEEN RESIDENTIAL AND COMMERC]tAL BE ADDRESSED BY STAFF AND FINAL APPROVAL TABLED UNTII. THE MEETING OF APRIL 1~ [Z009] TO BE BROUGHT BACK TO PLANNING AND ZONING [BOARD/LOCAL PLANNING AGENCYJ." MR. STEVENSON ADDED, "BETWEEN RETAIQ. AND GENERAL BUSINESS." LACEY REPLIED, "RIGHT." VOTE: BOARD MEMBER REVICZIKY: AYE CHAIRMAN LACEY: AYE BOARD MEMBER HEATWOLE: AYE VICE C~iAIRMAN POE: AYE MOTION CARRIED. _.. ... '%..~""^:-`., .~. ~a: ' ~- .. ;iJ!"JR1~1~.~s ... ,.~; t;S!!~,a~C^,. 7[ ~ ...v'.^7P4fF ATTACH~V.~NT C ~~~~ Pr.~ramwc wfo ~asa.o~.sracw wc~r ssacmu~ ~,-raro - wPSU. ~. aoo9 PwG820F l2 ~. OIDee 0I lire City Clot ApPro~-sl orTie Ms~rc6 l0, Zoo9 specil Meeting ~~.. No demon. '~MOVi~ TO APPROVE THE MINUTES [CONSENT AGENDA] A3 CIRCULATED:' MOTION BY VICE CHAIRMAN POE. $E(.'ONDED BY BOARD MSMBER KARR. DISCUSSION. VOTE: CHAIIROt[Al!i LACEY: AYE HOARD REVICZKY: AYE VICE OMAN POE: AYE BOARa 1 KARR: AYE AWARDS AND PRESENTAZTONS wwwtms wr®resserrrwrwr~s 300. Nat IIsed. X00. BEPORTS PUBIdC INPUT No one spoke. PUBLIC HEARINGS AGENDA rosr~c~snnres 500. O1Doe Of Tie City Atborsay And C.anouuiq Dertlop~nsnt Depsrasent B~egrwt Tie LPA (iaeat !~ A~ey)/PJrZ (Pls~uins Aad ZoninL Board) To Beoo~e I~e+om Tie Tsi6b And Tien DMew To Hfdd A Psibde ga~rlnj Beiebed To Ordiaastoe Na (rlrmbee~ Z091-03y An~endtsH Cieplees 16 And ?A O[ The City Code, Ae They BetDe Te TYe StpsaSe. (~Snman I.s~ay aalcad, "Do I have a Motion tD Remoaro this fio~ the Tab1eY" 0 ,...~k'p .. _ _ } ..a_ ._____ __ ._ ~ .. SIr_3... a crrsr ac- w~a sraeras. ptoarow em~ttrrea tr.~ramrc germ zoem~c ~esorroc.N. rrararnrc wcanrcer aeoor~ e~trio-~t~ta. t. coos PAitiB 3 OF 12 X30 MOVED TO REMOVB Tr FROM TSE TABLE." MOTION BY VICE C2[AIRMAN POE. SECONDED BY BOARD iriEMBER REVICZKY. DISCITSBION. VOTE: HOARD MEMBER REVICZKY: AYE CHAI>ttl~l LACEY: AYE VICE CSAI>RMAN POE: AYE HOARD 11~8R KARR: AYE MO'i~i CARRIED. 11dr John Balaa~, AICP, Savior Planner, Camamuoit3r DevdopmeM DapaRtmaot pcr~anted this A,geada Item and stated, "At the Lest Meeting yon had ached oaD a quoatiau shoat the Fees For the di$rtmt sigaa. The CSty Resolution (Numbs} 2401-45 does ad forge the Faea that the City assesses fair syoa8e. The cost For a Bauder is thirty douses (530.00); Far other aigas, there is a minimum of forty-five dollar (t4S.00) and it is evalnatod at twelve dollars (512.00) per thousand and the bm'lding plans Raviear Fee i, half of the Permit Fos" Continmuog, Irlr. Baker added, `There wets seve~at that we pot forovad last time that I tried b addnas in the pa8e two (2) of your Agenda Item - the peaplo firm the Resitior's Aasociatlos< were oon~ed aboirt limiting the distance io half nn'le from the home that is bang sold and -you bare a copy of the smart that I t+eoeived from them this afletaoon on the dais. The Attorney (Aafiwny A. Crams) - I Forwadod that to him, the watts of their verbal comments at the last Meeting and he replied, `The half mtie wtit run fmm s common. area of flee HOA (Hameowner'a Association) bex~aae the common area wtil be tnestod as on premise'. And thm he fiuther added, that if we need to clarify that, we csfa." Furthermoe+e, Iiilr. Bakes stated, `The other one was Bee Ieagih of time for ooenma+aal banners and I note that we hd had a lot of requests about continetad bameis, hot I do not bdierv~e are had one roquat rase this Ordiasaee hss bean in effect For a baueer in a residemotiial naigbbarhood." Mr. Baker added, "Staff tallmd it over sad we fed that f~arty- Sre (4S) days Sivas the cost of oo~ng the banner, the cost of permittlog the baonar, forty-five (45) days is a ramonable amount of time, ao we do reoommead making that a little bit tonSer." iV1r. Baker then etated,'Tlte other cne (1) is the Ldy wme here from ~e Tax office down hero oa (State Road) 434. 86e is only allowed to bare a two (Z) squaro foot dgte whereas a retail am have s sign taro Feet C~9 ~ times ~y PQ~ ('~) ~ whatev~et~ her stor+afinnt amsa W~oold be.° Caatlnoiog, Mt: Balmr said, '~Ve :+eoommend that offices be treated the same as retail; that joat seems Eric to us. 0 c e~ d UN9PP&OVEU ~~~~9 ~~~i~ ~; ~ ~; ~ax9 ~~~, J e~ a~{~ ijii P ~a;'S sd g ~~aJ ~i $'pp~ela4~ ;~~1 ~ ~~ ~ye~~~~l~ ~~~; b ~' ~~~~~~1~~$ a g ~¢~ • , ,. a,~~ a~~ ~ ~a ~"~ ~d)~`~ ~g~~, ~ ~ ~~~ ~~,~~~o~~~ ~ 1 ,a ~~~~~ e i ~~~ ~~;$~a!8~~ b ~~~ ~ ~j ~ ~~ ~~j6~el3{;f ~e~~~ ~ ~ ~1~ ~13~i~la 3'~~.~~8 ~~~g~~ ~~8~ $~ ~ ~'~~~ $~$~ ~~~~~~. ~ ~~~;.~ ~~~ ~~~~~ ~ „~'..~ ~ e~~ , ~~ ~~~ ~,s~ ~¢Q~~ . ~~8~ ~.~8~~~ cmrctr wur>iet sPanaas, ptosmw ~m~lt>ms Pura~lu~lc ~ zormrc aoasoVi.OC.ar.!'LAt~1D~Ui Acsxc.'Y 1lHIIUL~a 1~81II~1E3 - AlRQ.1, 2009 PN(03 S OF 12 Mr. Balder asl[ad, "You WOUId W80t to postpone it ~ to 8 Tmle Cettaia? Mr. StCVa180n replied, "Ab80111EC1y " Mr. Salter oo~tod, `TO preee[ve We adve:hs~ag." Poard Member Justin C. Rcvlcx~Ey stated "Paint of Orria~" to cleat P~rblic Irgnr~ ~'T1 Vice Chaicrosa Pvo adood, `Can you pu»point a date Randy [Stevenson] that waold be 0 ax~b>a to give Staff s time to anc>; on the v~abia,Se Sot this?" 1-+li: Steeeseon ~~ replied, "I beiievie we had discussed the Hatt Reglilie Moetiog ~ May 6n [2~]•" CJ-~ "" CJiairman Lawry cloised t!u "FublJc brput"portion of tJ~is Agenda Item. "I WOULD L>~ TO TABLE 1TEM `S00' UNTII. MAY 6~ [Z009] TO PROVIDE STAFF AN AMPLE OPPORTONITY TO INCLUDE THE LANGUAGE TEAT WE 'WANT TO HAVE INCLUDED 1N THi3 I'I'15M.~ MOTION RY VICE CHAIItMAN POE. SECONDED BY BOARD ME'1VIBER REVICZKY. DISCUSSION. VOTE: BOARD MEMBER KARR: AYE BOARD MEIYIBER REVICZKYz AYE CHAI1LllillN LACEY: AYE VICE CHAIIiMAN POE: AYE MOTION CARRIED. REGULARAGENDA saxie~ 600. Commnity Dev~siapaaat Departdst - PbmairR Dlvidoa R,egaaRs Tint The Load Piaon~ Agcy Review, Comet And Maine Reeom~adafiOn To The City Comm6sioa Ola The Dealt Praturs Land II'e Element. Ms. Eloise Sahlslroei, AICP, ASLA, Senior Plana~er, Commnoity Dev~elopnient Depatoneo2 pcesentod the Futm+e Land Use Etemeat Drag and stated, "I'he Cloal fvr `Qosiity of IiEe'; it hsa been rewritten. I thine it is much cie.tor and sddoeeses more things." Ms. Sahlsti~cm aimmenDed, "We added Policy 1.1.6: which is nested tD the AMY ~ UoiB." ATTACHMENT D C~rY OF R-INTER SPRRdGS, FLORIDA UNAPPROVID MIIdIIlYS PLANNING AND ZONING BOAItWI.OCAL PLANNING AGENCY RECi[1I.AR N~'fIIdG-btAY 6,2009 PAGE 4 OF 8 Chairman Lacey opened the "Public Input"portion of this Agenda Item. No one spoke. Chairman Lacey closed the "Public Input"portion of this Agenda Item. "I REC011~IIVIEND APPROVAL OF ORDINANCE 2009-07 AS PRESENTED BY CAPTAIlY TOLLESON." MOTION BY VICE CT3fAIItMAN POE. SECONDED BY BOARD MEMBER HEATWOLE. DLSCUSSION. VOTE: BOARD MEMBER KARR: AYE BOARD MEMBER REVICZKY: AYE CHAIRMAN LACEY: AYE VICE C~AIRMA1v POE: AYE BOARD MEMBER HEATWOLE: AYE MOTION CARRIED. Chairman Lacey asked, "If there is no objection from- the Board, I think I would like to move [Item] `503' up to the front." There were no objections voiced. ~~D- AGENDA NOTE: THE FOLLOWING PUBLIC HEARINGS AGENDA ITEM "503" WAS HEARD NEXT, FOLLOWED BY THE REST OF THE AGENDA, AS DOCUMENTED. is +: PUBLIC HEARINGS AGENDA ruauc mr~n~cs 503. Community Development Department ADD-ON piBoe Of The City Attorney And Community Development Department Request T>te LPA (Local Planning Agencq)/P&Z (Planning. And Zoning Board) To Remm-e From The Table And Then Discuss To Hold A Fabric Hearing Related To Ordinance No. (Number) 2009-03, Amending Chapters 16 And 20 Of The City Code, Aa Thry Relate To The Signage. Mr. John Baker, AICP, Senior Planner, Community Development Department presented this Agenda Item and stated, "Wc recommend first that you Remove it from the Table for discussion." "I MOVE THAT WE REMOVE Tl'EM `503' FROM THE TABLE:' MOTION BY BOARD MEMBER KARR SECONDED BY VICE CHAIRMAN POE. DISCUSSION. ~• ~ CPI'Y OF WIIV'lER SPRIIdGS, FLORIDA UNAPPROVED MINUTES PLANNllYG AND ZONIlYG HOAitD~I.OCAI. !CANNING AGENCY R60[II.AR. MFEIINC' -MAY 6, 2009 PAGE 5 OF 8 VOTE: BOARD MEMBER REVICZKY: AYE CHAIRMAN LACEY: AYE BOARDERHEATWOLE: AYE BOARR M>&MBER KARR: AYE VICE CHA1R11ZAN POE: AYE MOTiON•CARRIED. Mr. Balder presented this Agenda Item and read various excerpts from the Ordinance. Tape !/side B Mr. Randy Stevenson, ASLA, AICP, Director, Community Development Department spoke to the Board Members about Signage. Continuing, Mr. Baker stated, "People who came forward with issues, we tried to address each one of them. I believe each one of these does correct the situation." Mr. Baker added, "We do recommend that you recommend approval as it is written because it incorporates each one of these items. Chairman Lacey opened the "Public Input"portion of this Agenda Item. Ms FranArie Elliott, 1330 Lee Road Orlando, Florida: spoke on behalf of the Orlando Realtor's Association and was in favor of this Ordinance. Ms. Elliott asked for clarification on Permitting and Fees. Discussion. Mr. Stevenson stated, "Relative to and I believe you said, `Can a Broker get a Permit for his or her office and then have the Agents use those signs'? I do not necessarily see a problem with that, as long as the Permit is recxived." Continuing, Mr. Stevenson replied, "I.et me clarify that." Mr. Stevenson added, "Seeking direction from the Board Might, we could make that clarification prior to going to the Commission that it would be as Fnuilde (Elliott) requested issued to each individual -resident We can clarify that language again if it is the wishes of the Board before we take it forward to the Commission." Furthermore, Mr. Stevenson stated, "We got it for individual property whether it is commercial or residential and we still limit that to twice per year." Iv1s. Elliott stated, "Your Staff has been absolutely wonderful to work with." Chairman Lacey closed the "Public Input"portion of this Agenda Item. .. , s ~...,:.:... CITY OF WIN1IIt SPRWGS. FLORIDA UNAPPROVED MIIi(TIES PLANNaiG AMID ZONING BOAanRACAL PLANNING AGIDYCY RSGIILAR MEE7'IIdG-MAY 6.2009 PAGE 6 OF 8 "I WOULD LII{E TO RECOMME1~iD APPROVAL OF DRAFT ORDINANCE 2009-03 AS REVISED THIS E~~NTNG INCLIJDING THE LANGIIAGE ADDING THE WORDS `FOR ANY INDIVIDITAL PROPERTY' TO SUBPARAGRAPH (~ ON PAGE 5." MOTION BY VICE;C~I~AIRMAN POE. SECONDED BY BOARD MEMBER REVICZKY. DISCUSSION. VOTE: BOARD MEMBER KARR: AYE VICE CHAIRINIAN POE: AYE CHAIRIIIAN LACEY: AYE BOARD. MEIyBER HEATWOLE: AYE BOAR~7YIEMBER REVICZKY: AYE MOTION CARRIED. Pvsuc m:ARn~res 502. Community Development Department Regnestsi That The Local Plaining Agenry Hold A Pnblic Hearing On Amendments ' To The Comprehensive Plan Based On The 2008 Evalaatio>t And Appraisal Report (EAR): And After Considering Pablic Comment, Mahe Reeonim~dation To The City commission Regarding Traasmith! Of The Proposed EAR Based Ameadn~ents [Ordinance 2009-08] To The State Department Of Community Affairs For Revlmv. Ms. Eloise Sahlstrom, AICP, ASLA, Senior Planner, Community Development Departdueilt presented this Agenda Item and distributed to the Board Members the Future Land Use Map (PLUM) Amendments. Ms. Sahlstrom stated, "On the disk that you received, the Recreation [and Open Space] Eleme~ sad Transportation Element had some major formatting problems. Those have been connected." Continuing, Ms. Sahlstrom then added, "Our EAR (Evaluation and Appraisal Report) will not be adopted until December [2009] -the process right now, we are looking to do a Transmittal as required by the State. So, this Public Hearing is for the Tn~nsmittal. The Commission will decide on May 26~ [2009] whether they are ready to Transmit it to the State and then the State has sixty (60) days tQ provide us with their response. They will provide us with what is called an ORC (Objations, Response and Comments) Report and then we are required to comment on those comments and we have a period of time to do so " .',tin .,,~,..: , . ,.. :~....r ,mss ~ .~w:l.ac..~__._ ... .~..._:ru,~t ::.. ,. :._~~~:a ^' '` r• ,..~.._.r.. ~._:y_...._.__.___-- ATTACHMENT E CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING -MAY 26, 2009 PAGE l4 OF 27 PUBLIC HEARINGS 502. Office Of The City Attorney And Community Development Department Request The City Commission Hold A Public Hearing For First Reading Of Ordinance No. (Number) 2009-03, Amending Chapters 16 And 20 Of The City Code, As They Relate To The Signage. Mayor Bush asked, "Can we have a `Motion' to read by `Title' only?" "SO MOVED." MOTION BY COMMISSIONER BROWN. SECONDED BY DEPUTY MAYOR KREBS. DISCUSSION. VOTE: COMMISSIONER HOVEY: AYE COMMISSIONER BONNER: AYE DEPUTY MAYOR KREBS: AYE COMMISSIONER BROWN: AYE COMMISSIONER McGINNIS: AYE (VOICE ROOM BEHIND THE DAIS) MOTION CARRIED. VOTE AUDIBLE FROM THE Attorney Garganese read the Ordinance by "Title" only. Commissioner McGinnis returned to the dais at 7:23 p. m. Mr. Baker introduced this Agenda Item for discussion. Mayor Bush opened Public Hearing on this Agenda Item. Ms. Laura Rodziwicz, Governmental Affairs Coordinator, Orlando Regional Realtors Association, 1330 Lee Road Orlando, Florida: thanked the City Commission for their consideration. Mayor Bush closed Public Hearing on this Agenda Item. "I WOULD LIKE TO MAKE A MOTION TO MOVE TO SECOND READING." MOTION BY DEPUTY MAYOR KREBS. SECONDED BY COMMISSIONER BROWN. DISCUSSION. VOTE: COMMISSIONER BROWN: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER HOVEY: AYE COMMISSIONER BONNER: AYE DEPUTY MAYOR KREBS: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES CrrY COMMISSION SPECIAL MEETING -MAY 26, 2009 PAGE 15 OF 27 Mayor Bush called a Recess. The Regular Meeting Reconvened. Mayor Bush mentioned an upcoming Tuscawilla Homeowner's Association Meeting on June 11, 2009 and that they wanted to discuss the Town Parke apartments project. With discussion on Sunshine Law issues, it was suggested that Ms. Pam Carroll, Tuscawilla Homeowner's Association President could address this issue for her membership. Mayor Bush said the City would be in touch with Ms. Carroll. Note: Due to technical d~culties with Tape 2/Side B, the next audiotape was used Tape 3/Side A REGULAR AGENDA REGULAR 600. Information Services Department Requests Direction From The Commission Regarding A Request From Florida By Day & Night To Use The City Seal On Their Website. Mr. Edwazds addressed the City Commission on this Agenda Item. Discussion. Commissioner Brown remarked, "I think it is a great azgument toward having a logo, that we can use for marketing purposes..." Deputy Mayor Krebs added, "...Absolutely...." Commissioner Brown continued, "...As opposed to using our -Seal." "MOTION TO DENY." MOTION BY DEPUTY MAYOR KREBS. SECONDED BY COMMISSIONER BROWN. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER BONNER: AYE COMMISSIONER BROWN: AYE DEPUTY MAYOR KREBS: AYE COMMISSIONER HOVEY: AYE MOTION CARRIED. ATTAC~:[MENT F e _. Orlando Sentlnd ~ THURSDAY;JUNE 4,, 2009 '°D9 ^ ^ J nTI~IpS3 '7AST WtDOWE~iiEIRS ....._. ..__. .. .......,,..- p..~r~f*'°' AN R CREDI•FORS OF ~ ~' is your antique ~S Gh1111a11f ' THE ESTATE OP.OSCAR , 3howr001n. Find ~e WlSill ~~ ~ HURTADO, ET AL,, -~" : , - weifdere~iid~Il~iIaGM TII~ Txt: wloow gOTICE OF I+Y~ItC ttfll~MS , sentimental and ~ W 4'P ii - distinguishl+d'ireas-w114Ye1t~ etIMrlMil ~~~~ NICE ISHERE~Y'GIY+ '„t= • ~ --- EN~THAT THE cC~ITY' OF ures in the Sentinel. ~"~ ~~ ~ ~' !~~ WINTER SPRINGS GfTY ' ~ •~ ` ' 33 COMMISSION PROP0USE3 ~... We-~Qn+•I:fei~,+ ' Classifieds Antique ~ ~ elhelh ~ Njpk( a~70~ TO ADOPT AND WILL + iNS HOLD A PUBLIC HEAR- ° 'GO IOC.: ' ,"-- SeCtlOn. w~ ~ ~p C tNG FOR .1HE FOLLOW- 'R •~ rw/Mava LNG: Orl~iri~o~{ifi.[}el . il~e NIe i1I d~ ORDINANCE NO.2009-03 ."QQ~/,.... ~~,~., , , .. AN' ORDINANCE.OF THE ~..- 'Get S ~1a11 Je1.~ The Ptohdiff bas named as CITY COMMISSION OF eareerpuililer ;, Q" Qdeede SN6eel tlesirtei a DetelldonL The Widower THE CITY OF WINTER ~1 ,..,,1 Heirs ond/or Creditors of SPRINGS, FLORIDA . Ond iri'eQt@,.QRd h+ \ „ - i•ilI1~SIS1, 111e Estate of Oscor'Hurta• AMENDING ARTICLES Ili v do, and all unknown per- pF CHAPTEER li OF THE ~Sf yOUC- ~. sons, claimirrlI~g a mar CODE OF ORDINANCES ~ ' tloim, am fighh, title. kf RELATED TO SWNS• re$Ume ~ -.. hrest a estate in or lien a AMENDING DEFINI~ encumbrance upon the TtONg[ Ah1ENDING:PR6 Onlir~,,.0r : ` 1 praper~ described m.thn VISIONS 'REGARDING t I Complo nt, adverse to ihr TEMPORARY -SIGNS- -. (((ISWer,Q••1Q,r1J~ '~ . Plointlff, whether. such ENptNG CHAPTER 2i1 _ croim or oossibk 4klm can p~ THE CODE 0p OR01• ~{ ,,~~ : be vested or contingent, if NANCES RELATED FO :.QUeSti0F1s Q11d• s notfivl , as a patty da- BUlLDING'•MOUNTED ~ ! i r Fendontl~ to ille complaint SIGNS ALONG T E SR Cif we• IL ~f•~tite ,-I ' which I s bringing ro N W 'AND RED YE P- ~ a am'b'+a~ coat ~~ MENT CORRIpp~' ~~a - ~~yoUl' resume a foreclosure of Its mort- y101N6 FOR THE RE. ' goce upon premises kr~pwn pEAL OF. PR INCON- profile for yoU": as 310 Goodwin Sheet, Eost SISTENT ORDINANCES _ :(" ,:r tfortiard CT 0610!. AND RESOLUTIONS, IN• Qpss~~ ~e COAPORAT1016 iNTO THE DW` Qf~B~I ILS '_. t: The Plaintiff has. repr~ AOVND SAN YERF C IVE~~ ~ t~~ rented ro the rota Court ~ ~ >E tree so get , ~ :. menus of an affidavit an DATE.., ~ •3ar d" vexed to-the Complaint, • . If. ' flat, despfe all reosorroble N9NOAK CQQ~Cted .' N • efforts ro oscertoln such M- R ~~ `(~ ' ~ fdrmo(ign' tt hos been uq ,~J_ Pepe '+"r' ~ - •- ,abble to petermine the idenfl (~ tWlN~l _ R`n "'~ 'Rim` _` . ~ . The W oidowe: eHNrbouT of WMIN. , o ~~i ~. ~'.`""` Creditors of the Estate of _ ... -~ . ~• ~, ^~ Oscar Hurtodo, and all uo- T~ pr0 oifd ard~lnan~cef _ e ~ ~ ~ known persons, claimsllg a ' ` Who RMY Claim, an Y r~~9btL .'~ T "'`' ' title, inkrest ar estate in or ested parSips betweeh 1 Kd; o.n(. alb. s6 •p.m.,,Monday ~`,Pi *- -~=: Ilan,or encumbrance uppn through Frlda mt tM ~, ~" ` ehe praoertT dexribed in City's Cq s p~, Idcat- . this Complarnf, adverse ro ~ a(.nZ6~asf Staf},Raad -- The Pla(nttff, whether such ~, yf,~ Seri Fla!- - • +,t~ ,~ ?:;;~ :~_ doim.or possible tlatm con da. For 'mprf~in e~nnation ' ..Y~V ' ~' --< be verses ar conTingenL ifcoalnl ( 3:7.1S06A7a Per- . ~~~y~` ~-'~"ev~e..~ ~.,~ ."'t' '~* nol livire. ~' ing:rontks need- re~(t/~l ue f'IfY~' be - Now, Therefore; )t is hereby IknrgaN of awei ngs ~~~y ~~~~t~ e.k. 't ORDERED that notice of ~(d C~onIIttaac~t} nMa~ • ~~~.KA4~IIEIIE~ Juirr. the insiitution,of this~ ee Ralbfions.bepartrgent Ix Ives ro sold TheiNidaw CaaMlxdor w noun in od- . Ti~E FIRST THING f~aas_ps Heirs ondfor Credlton o~ once of fire SCI~t ttnf at eonl~; p f1 ~ ~r - G E TT 1 N•G the Esrote of Data HartaOo ,gT J27-1t00, Extension YUU SH4~LQ +9a •. ' and all unknown persons, - ttaim'mInqp ar who rnav holm. : It vw ~ide~tO app~eoi ,PIaCe y0u~ I any rlfblt,s tine, interest a any retom(nendot i• • M A R R ~ ~~ i estate (n a nm a encan• sloe made br Ifie t:itY GaaE ,~rYUllQtlon ' .~ - . brance upon the p>'oPK}Y mfsskn wHh respxt.lo any ' dexrlbed in this CamPPloin}A, mattercaasida at dMs • adverse to the Plointiff, p,Y ,~,,,,~,,.~,. anno~ne~er~;e~it, `' . W.O N A N whether =ufi claim a par- cord oT th 'proaeeairig:, in:tll~. •Q~~~1~0 . J t sibk doim Con be vested a n~ ~ s~ purpeeee. YOU ~ igeid, try some pr0(Mr ' ~ seer causlnv a true one ~~~ ~ tlle~oran •~ $entinelrs ~ ',~ crops ~ mhOrder ceedin 's s ma e u AWARD. at Notice ro be pubnrhed in ~,~„~ ~„a, g, , :celebrations the Orlando Sentinel, onriea Into esfed rues ae nd- week tar 2 success ve. that ~y° a `7ggey Ofld .~a5k , weeks, commencingy on oc me ~{{n~qp before Jane 22, 21109 ono tth resvect Co the s-ep4eld FIl t~l~ g1or+Y ,° . , ~ •,` ~Cail 407-420-5696 Hat return of such service w r . be made ro rnis court. . his v9t5ai . To ~il~ !R # '~ :: to share your,good.news "+ ' BY THE COURT aRR01t11CaTit~. ~~ on the Sentinel's BY The Deputy Clerk NOTICE OF PUB~C A~ Cell -J~J}. ~t` TION FOR,MOONNI S r COR4922n 6k, 11; 2009 ON STORAGE LOCK CeLebrations'page.. LCgCATEO AT •UHAUL . .0r' 0.~ , • ~~, MPANY FACILITIES r • ~ ~ STORAGE. LOCATIONS+ ~~' ~ AND TIMES ARE 15TED x ' ' LOQKIN6 T-0R AN NOINIIY BELOW. ALL 1CrppDS ..ee ~ J ,.~ ~. . JOBT -Call 1-eee-Ne- SOLO ARE HOUSEHOLD • ~ ilie~ ciiek OIl Q 5627 (roll•frae) OR Go ro CONTENTS, M SCE LA• K ~~~~~~..~~~~~~ Orlando5entinel.cankar- NFQUS OIt RE~OVE~ED ~IN61it10R:,-: + ~~GiJILiJSiGl eerbullder, elide on aPDIY G DS. A L AUCTJONS 1,r; . ~~~ for .taurly ' bs. Answer ARE HELD TO y~~T TISFY soma.ausat~ins aM we'll ¢WNER'S LIEr~ FOR . crco rout resume pro- REENT AN~ FEES IN AC• - ~ ' ' - ;~ Q~dDd05~~'~ fileest of atl, H'a ~RDANC I N FLOR!• ~~ ,, FR So get connected uP !STA UTES SELF . ~ , ,. Oda , STORAGE ACT,.S~CTiONS ii' + • . • _ - - 3~r• r f.. j ~ , _ ORDINANCE NO. 2009 -03 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, AMENDING ARTICLE III OF CHAPTER 16 OF THE CODE OF ORDINANCES RELATED TO SIGNS; AMENDING DEFINITIONS; AMENDING PROVISIONS REGARDING TEMPORARY SIGNS; AMENDING CHAPTER 20 OF THE CODE OF ORDINANCES RELATED TO BUILDING MOUNTED SIGNS ALONG THE SR 434 NEW AND REDEVELOPMENT CORRIDORS; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, INCORPORATION INTO THE CODE, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, through the enactment of this Ordinance, the City Commission desires to continue to preserve and improve the quality of urban life and aesthetics within the City of Winter Springs. See Members of the City Council v. Taxpayers for Vincent, 466 U.S. 789 (1984); Metromedia, Inc. v. City of San Diego, 453 U.S. 490 (1981); and WHEREAS, the City Commission recognizes that the Oviedo /Winter Springs Regional Chamber of Commerce is of the opinion that its members believe that temporary signage is an inexpensive, effective way to promote business products and services; and WHEREAS, the City Commission also recognizes that the Nation is currently in the midst of a significant recession and that the City desires to relax the current temporary sign regulations in order to assist in promoting business development and activities within the City; and WHEREAS, the City Commission finds that pursuing economic development and enhancing and expanding economic activity within the City of Winter Springs serves a legitimate public purpose. See §166.021(9)(a), Fla. Stat.; and WHEREAS, the City Commission finds that this ordinance is unrelated to viewpoint and the content of any message, and maintains the City's legitimate and substantial government interest in minimizing sight pollution and traffic and safety hazards to persons and property during high City of Winter Springs Ordinance 2009 -03 Page 1 of 9 winds, while at the same time balancing the need to promote economic development and the business interests of the community; and WHEREAS, the City Commission finds that the goals of this Ordinance are unrelated to the suppression of free expression; and WHEREAS, aesthetic interests are a legitimate basis for regulating signs. See, e.g., Lake Wales v. Lamar Advertising Ass 'n of Lakeland, 414 So. 2d 1030 (Fla.); Messer v. City of Douglasville, Ga., 975 F. 2d 1505 (11` Cir. 1992); and WHEREAS, the City Commission of the City of Winter Springs, Florida, hereby finds this Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Winter Springs. NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS HEREBY ORDAINS, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are hereby incorporated herein by this reference. Section 2. Amendment to Chapter 16, Article III, Signs, of the City Code. The City of Winter Springs Code of Ordinances, Chapter 16, Article III, Signs, is hereby amended as follows: (underlined type indicates additions and strikeout type indicates deletions, while asterisks indicate a deletion from this Ordinance of text existing in Chapter 16, Article III. It is intended that the text in Chapter 16, Article III denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance): CHAPTER 16. SIGNS AND ADVERTISING ARTICLE III. SIGNS DIVISION 1. GENERALLY Sec. 16 -51. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: On- Premises Sign shall mean a sign (1) identifying an activity conducted or products or City of Winter Springs Ordinance 2009 -03 Page 2 of 9 services available on the premises where the sign is located, or (2) displaying a noncommercial message or (3) any combination of the two. For purposes of this definition, common areas within a duly organized homeowner or condominium association shall be considered on- premises for each individual unit or lot within said association in recognition of any right the unit or lot owner has to use said areas under Florida law and the association's covenants and rules. Temporary Sign shall mean a sign displayed before, during or after an event or occurrence scheduled at a specific time and place, or which is not designed or intended to be placed permanently inclusive for example, for rent signs, for sale signs, construction signs, real estate signs, management signs, social or special event signs. Sec. 16 -55 Exemption from permit requirements. (a) The following signs may be erected without a permit, subject, however, to all remaining requirements of these regulations: (6) Temporary on- premises signs that do not exceed six (6) square feet, provided the signs meet the requirements of set forth in sections 16 -59 and 16 -60. Sec. 16 -57 Prohibited Signs. The following signs are hereby prohibited: (11) Off premises signs, except temporary off premises signs may be authorized by permit in accordance with the provisions set forth in section 16 -60 of this article. Sec. 16-60. Supplemental Temporary Sign Requirements. In addition to any other applicable provision of this article and code, the following minimum City of Winter Springs Ordinance 2009 -03 Page 3 of 9 standards shall apply to all temporary signs: (a) Temporary signs shall be removed within three (3) days after the date upon which the sign has fulfilled its purpose (e.g., the scheduled event or occurrence has concluded). However, in cases where the temporary on- premises sign is advertising products or services for sale on the property, the temporary sign may only be erected during the time period when a person may actually purchase the products or services on the property. In addition, temporary off premises signs shall be governed by the time limits set forth in subparagraph (g). (b) On property zoned residential or used for residential purposes, no temporary sign shall exceed six (6) square feet and the total number of temporary signs on any one residential property shall not exceed four (4). (c) On property zoned other than residential or used for non residential purposes, no temporary sign shall exceed nine (9) square feet and the total number of temporary signs on any one non residential property shall not exceed thirty -six (36) square feet. However, on property with multiple commercial tenants, each tenant may erect one temporary sign on or facing each street frontage adjacent to the property even if the total square footage of temporary signage for the entire property exceeds thirty -six square feet. (d) If the temporary sign is a ground sign, the maximum height of any such sign shall be four (4) feet on property zoned or used for residential purposes, or eight (8) feet on any non residential property. (e) Such signs shall also meet the following minimum standards: (a) the sign must be at least five (5) feet from any right -of -way; (b) the sign must be at least ten (10) feet from side and rear property lines; (c) the sign shall not be illuminated. (f) Upon issuance of a building permit, areas under development pursuant to an existing development order approved by the City shall be permitted one (1) additional non illuminated temporary sign not to exceed a sign area of sixteen (16) square feet and six (6) feet in height for a single family lot or thirty -two (32) square feet and ten (10) feet for multi family, commercial, industrial, and institutional development projects. Signs permitted hereunder shall be permitted for one (1) year or until the building permits for the area under development have expired or been revoked. All signs shall be removed when the project has been completed, suspended, or abandoned for at least three (3) months. Temporary off premises signs may be erected upon issuance of a permit by the city, City of Winter Springs Ordinance 2009 -03 Page 4 of 9 provided the temporary off premises sign(s) meets the following conditions: (1) The sign may only be erected on property during weekends and national holidays between the hours of 8:30 a.m. and 5:30 p.m. (2) The sign may only be located within one (1) mile of the activity, event or place being displayed or promoted on the sign, and the activity, event or place so displayed or promoted on the sign shall be required to be located within the jurisdictional boundaries of the City. (3) The property owner on which the sign will be erected has consented to the placement of the sign. However, the property owner shall not allow more than four (4) temporary off premises signs on any one property. (4) The size, height, and placement of the sign shall comply with the requirements set forth in this section. (5) No sign shall be erected on or within any right -of -way. (6) Any permit issued for an individual property under this subsection shall have a maximum duration of forty -five (45) consecutive calendar days. If the permit is for purposes ofpromoting a specific activity or event, there shall be a maximum one permit limit for each activity or event, provided, however, there shall also be a two permit limit per calendar year for any particular place of business or residence. Special events which are sponsored or cosponsored by the city, county or school district, and which are intended to be open to the general public and community at -large using public facilities, shall not be subject to the two permit limit. Sec. 16-87. Banners. A maximum of one (1) on- premises banner sign may be erected on commercial, industrial, or multi family zoned property provided that the banner does not exceed sixty -four (64) square feet and is not erected for more than fourteen forty -five +45) calendar days during any one calendar year. A maximum of one (1) on- premises banner sign may erected on property zoned residential provided the banner does not exceed twenty -four (24) square feet and is not erected for more than three (3) calendar days during anyone calendar year. With respect to property zoned town center, the size and time requirements set forth in this section shall be determined based on whether the property is being used or permitted for commercial, multi family. or residential purposes, with vacant, un- permitted property within the town center being treated as commercial. All banner signs shall be securely fastened to a structure in a manner to withstand weather elements commonly experienced by the city. City of Winter Springs Ordinance 2009 -03 Page 5 of 9 Section 3. Amendment to Chapter 20 of the City Code. The City of Winter Springs Code of Ordinances, Chapter 20 is hereby amended as follows: (underlined type indicates additions and strikeout type indicates deletions, while asterisks indicate a deletion from this Ordinance of text existing in Chapter 20. It is intended that the text in Chapter 20 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance): Sec. 20 -470. Signs. All signs and sign elements, including shape, form, lighting, materials, size, color and location shall be subject to approval by the city commission if such signs or sign elements are visible from adjacent properties or a street right -of -way. (3) Building mounted multi identification sign for buildings with separate exterior tenant entrances: In addition to the ground mounted identification sign, tenant signs shall be permitted on the exterior walls of the building at a location near the principal tenant entrance, and be consistent with the following criteria: a. Shall be limited to one sign per tenant for on- premises use. b. The sign(s) shall be clearly integrated with the architecture of the building, and shall be consistent in design, format, and materials with the architecture of the proposed building. c. The sign(s) shall not either project above any roof or exceed a height of fourteen (14) feet. d. Wall signs shall display only one (1) surface and shall not be mounted more than twelve (12) inches from any wall. e. When more than one (1) tenant sign is used on one (1) building, all tenant signage shall be consistent in size, materials, and placement. f. The maximum size of sign letters and logos, including any sign backgrounds, shall be twenty four (24) inches in height for individual tenants other than anchor tenants. The maximum height of letters and logos for anchor tenants in- a-retail center shall not exceed twenty -five (25) percent of the building height. An anchor tenant is defined as the major business ruin a center that is /are in excess of one hundred (100) front feet and a minimum area of ten thousand (10,000) square feet. g. The length of the sign may occupy up to seventy (70) percent of the linear feet of the storefront the business occupies. The anchor tenant may have the signage permitted for a building mounted single tenant identification sign. .1 V 41 City of Winter Springs Ordinance 2009 -03 Page 6 of 9 (4) Reserved. Building ►r[vur,tecl ir►gle tenu,►t aigri. In addition to the 6 iuuud- mountcd sip', a V. 1 .1 In .1 1 f� oil any wall. TABLE INSET: Max. Copy Ai ea Max. Lctter I Ici Less than 50,000 squalc f e c t 16 square f t 2 fcct 32 squaic fact Over 100,000 square feet 48 s feet Sec. 20 -486. Signs. All signs and sign elements, including shape, form, lighting, materials, size, color and location shall be subject to approval by the city commission if such signs or sign elements are visible from adjacent properties or a street right -of -way. (3) Building mounted multi- tenant sign for buildings with separate exterior tenant entrances: In addition to the ground mounted identification sign, tenant signs shall be permitted on the exterior walls of the building at a location near the principal tenant entrance, and be consistent with the following criteria: a. Shall be limited to one (1) sign per tenant for on- premises use. b. The sign(s) shall be clearly integrated with the architecture of the building. Shall be consistent in design, format, and materials with the architecture of the proposed building. c. The sign(s) shall not project above any roof or canopy elevations. d. Wall signs shall display only one (1) surface and shall not be mounted more than twelve (12) inches from any wall. e. When more than one (1) tenant sign is used on one (1) building, all tenant signage shall be City of Winter Springs Ordinance 2009 -03 Page 7 of 9 consistent in size, materials, and placement. f. The maximum size of sign letters and logos, including any sign backgrounds, shall be twenty four (24) inches in height for individual tenants other than anchor tenants. The maximum height of letters and logos for anchor tenants in a ictail cl,ter shall not exceed twenty -five (25) percent of the building height. An anchor tenant is defined as the major business in a center that is in excess of one hundred (100) front feet and a minimum area of ten thousand (10,000) square feet. g. The length of the sign may occupy up to seventy (70) percent of the linear feet of the storefront the business occupies. The anchor tenant may have the signage permitted for a building mounted single tenant identification sign. .64 (4) Reserved. I V. piuposed 1111 •11 TABLE INSET: Max. Copy Ai a -feet— Ovcr 100,000 squat fcct Section 4. Repeal of Prior Inconsistent Ordinances and Resolutions All prior inconsistent ordinances and resolutions adopted by the City Commission, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 5. Incorporation Into Code. This Ordinance shall be incorporated into the Winter Springs City Code and any section or paragraph, number or letter, and any heading may be City of Winter Springs Ordinance 2009 -03 Page 8 of 9 changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and like errors may be corrected and additions, alterations, and omissions, not affecting the construction or meaning of this ordinance and the City Code may be freely made. Section 6. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Ordinance. Section 7. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Commission of the City of Winter Springs, Florida, and pursuant to City Charter. ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the 3' day of T 2009. N F. BUSH, Mayor ATT1S, A I -f;, ORENZO- LUACES, City Clerk Approved as to legal form and sufficiency for the City of Winter Springs only: A THONY A. GARGANESE, City Attorney First Reading: May 26, 2009 Second Reading: July 13, 2009 Effective Date: See Section 7. City of Winter Springs Ordinance 2009 -03 Page 9 of 9 1