HomeMy WebLinkAbout2009 06 22 Public Hearings 502 Second Reading Ordinance 2009-03 SignageCITY COMMISSION
AGENDA
ITEM 502
June 22, 2009
Meeting
REQUEST:
M PT.
The City Attorney's Office and Community Development Department request the City
Commission 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.
Chapter 166, Florida Statutes.
Winter Springs Charter, Section 4.15. Ordinances in General.
Winter Springs Code of Ordinances, Chanter 16 & Chanter 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
Consent
Information
Public Hearin X
Re ular
June 22, 2009
Public Hearing Item 502
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 separate 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."
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) square feet, may be permitted for a
maximum duration of 14 calendar days within one calendar year. On residentially zoned
properly, one banner, not to exceed twenty-four (24) square feet, may be permitted for a
maximum of three (3) calendar days within one calendar year. 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 board 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 separate exterior tenant entrances to only two (2) square feet for office
(regardless of the office frontage), while allowing a retail use in the same building to
provide signage that is 2 feet tall x 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.
At the April 1, 2009 meeting, a proprietor came forward to state that as a business owner
in a single-tenant building within the SR 434 Redevelopment Overlay Zoning District,
that they are only allowed a 16 square foot building-mounted sign, whereas, a tenant in a
multi-tenant building with separate entrances could have a building mounted sign that is
Page 2
June 22, 2009
Public Hearing Item 502
Page 3
larger - 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.
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 are 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 hold a public hearing for and
approve second reading and adoption of Ordinance 2009-03.
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 3
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 (1 lt'' 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 stri#eatrt 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
Ciry 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 dul~or~?anized 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 permanentlX
inclusive for example, for rent signs, for sale si ns, construction signs, real estate signs, management
signs, social or special event sins.
***
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 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 temporar~gn 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 (~).
(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
temporar~gn on or facing each street fronta e adjacent to the property even if the
total square footage of temporary nape for the entire property exceeds thirty-six
ware 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.
~ Temporarynff-premises si ng s 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 prope during weekends and national holidaXs
between the hours of 8:30 a.m. and 5:30 p.m.
~2 The sign ma~y be located within one-half (%z) mile of the activity, event or place
being displayed or promoted on the sign, and the activity, event or place so displa, e
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 an,~property.
(4) The size, hei h~placement of the sign shall comply with the requirements set forth
in this section.
(5) No sign shall be erected on or within an~ght-of-waX
(6~~permit issued for an individual property under this subsection shall have a
maximum duration of fo -five (45) consecutive calendar days. If the permit is for purposes
of promoting 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
for andparticular place of business or residence. Special events which are sponsored or
cosponsored by the ci ,county or school district, and which are intended to be open to the
e~public and communi at-lar a using_public facilities, shall not be subject to the two
Hermit 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 f~tn~eerr fo -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. W ith 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 striic~catrt 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 nt~rltr-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 ' shall not exceed twenty-five (25) percent
of the building height. An anchor tenant is defined as the major business re~il-st~refsj-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. - ~ ,
***
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 mttltrtenant 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 ' 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.
(4) Reserved. - ,
**~
Section 4. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
inconsistent ordinances and resolutions adopted by the City Commission, orparts 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
ATTACHIV~NT B
C[IY OF WINTER SPRINGS. FLORIDA
UNAPPROVID MINUTES
pLANNIIVG AND ZONING BOARD/I.OCAL PLANNING AGENCY
REGULARMEETING -MARCH 4, 2009
PAGE 5 OF 5
"I MOVE THAT [AGENDA] ITEM `500' BE TABLED UNTIL THE MARCH
10~, 2009 MEETING GTVII~TG STAFF AN OPPORTUNITY TO CLEAN UP THE
LANGUAGE:' MOTION BY VICE CHAIRMAN POE. MR. STEVENSON
STATED, ."PLEASE BE AWARE •THAT YOU WILL PROBABLY NOT SEE AN
AGENDA ITEM UNTIL THAT NIGHT ON THIS IF YOU DO IT ON THE 10~
[MARCH 2009] AS LONG: ':AS WE HAVE THAT ON THE RECORD "
DISCUSSION. SECONDED BY BOARD MEMBER REVICZItY. 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.
C>3[~~IRMAN LACEY STATED,. «~ THERE ANY FURTHER DISCUSSION ON
THE MOTION TO TABLE UNTIL MARCH 10'$ [2009]?"
VOTE:
CFAIRMAN LACEY: AYE
BOARD MEMBER HEATWOLE: AYE
BOARD MEMBER REVICZKY:, AYE
VICE CHAIRMAN POE: AYE
MOTION CARRIED.
PusLlc i~Axnvcs
501. Office Of The City Attorney And Community Development Department
Requests That The Planning And Zoning Board Hold . A Public Hearing To
Consider Ordinance No. (Number) 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 Permit for - on premises, do you know
if there is going to be a Fee associated with that Permit?" Ivlr. Baker replied, "There is a
Fee established for any sign, I believe over six (6) square feet."
Mr. Baker read Section 16-54. (9) of the City Code to those in attendance.
Captain Glenn Tolleson, Code Enforcement Bureau, Police Department: spoke on
Permits, Signage, and Right-of--Ways.
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CITY OF WIIV'['ER SPRINGS, FLORIDA
UNAPPROVID MINUTES
PLANNING AND ZONING BOARD/I.oCAL PLANNING AGENCY
REGULAR MEETING -MARCH 4, 2009
PAGE 6 OF 6
Chairman Lacey opened the "Public Input"portion of this Agenda Item.
Ms. Fran~Eie 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 particulaz roadway.
Referencing Ordinance 2009-03, (6), Ms. Elliott recommended there be an Appeal
process.
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 E. Biller, 301 West State Road 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.
Chairman Lacey closed the "Public Input"portion of this Agenda Item.
Tape I/Side B
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 ensued 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 Chairman 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: '
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CITY OF WIl~TER SPRINGS, FLORIDA
UNAPPROVED MINUTES
PLANNING AND ZONING BOARD/I.OCAL PLANNING AGENCY
REGULARMEETING -MARCH 4, 2009
PAGE 7 OF 7
Furthermore, Vice Chairman Poe stated, "That is the intent of my Motion." Mr.
Stevenson 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 these
changes, I believe we have to bring them back to the LPA (Local Planning Agency)
before we proceed to the Commission:'
Ms. Sahlstrom 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 like, so I would like to see it come back."
Next, Vice Chairman Pce 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 APRIL
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 COMMERCIfAL BE ADDRESSED BY STAFF AND FINAL
APPROVAL TABLED UNTIL THE MEETING OF APRIL 1~ [2009] TO BE
BROUGHT BACK TO PLANNIIVG AND ZONING [BOARD/LOCAL PI:ANNING
AGENCYj." MR. STEVENSON ADDED, "BETWEEN RETAIL AND GENERAL
BUSINESS." CHAIItMAN LACEY REPLIED, "RIGHT."
voTE:
BOARD MEMBER REVICZKY: AYE
CHAIRMAN LACEY: AYE
BOARD MEMBER HEATWOLE: AYE
VICE CHAIRMAN POE: AYE
MOTION CARRIED.
ATTACH~IZENT C
a"li'Y ~ WII~iI'EA SPRINGS, FIARmA
PLAPQMING AND ROI~ID RQA~fACAL PLANNING AG~NN(.;If
RBGt1LAR>-ffiRTII~IG-APRIL 1.2009
PAGE 2 OF 12
CONS@i'i'
ZOZ. Office Of The City Cleric
Approval Of The March 10, 2009 Specid Mceting Minutes.
No disc~ussioa
KMOVE TO APPROVE THE MINUTES [CONSENT AGENDA] AS
CIRCULATED: ' MOTION BY VICE CHAIRMAN POE. SECONDED BY
BOARD MEMBER KARR. DISCUSSION.
VOTE:
CHAIRMAN LACEY: AYE
BOARD MEMBER REVICZKY: AYE
VICE CH~RMAN POE: AYE
BOARD M>~NIBER KARR: AYE
MOTION CARRIED.
AWARDS AND PRESENTATIONS
AWARDS AND PRESffi~il'ATWNS
300. Nat Used.
400. REPORTS
PUBLIC INPUT
No one spoke.
PUBLIC HEARINGS AGENDA
P[IBLiC mtARnrGs
500. OEBce Of The City Attorney And Commndq- Development Department
Regaest The LPA (Lord Planning Agenry)/Pdi~Z (PlanninS And Zoning Board) To
Remove from Tie Table And Then Discus To Hold A Pi61ic Hearing Related To
Ordinance No. (Number) 2009-03, Amending Chapters 16 And ZO Of The City
Code, As They Relate To The Signage.
0
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C3laiiman Laney asked, "Do I have a Motion to Remove this fmm the Table?"
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PAC3E 3 OF 12
"SO MOVED TO REMOVE IT FROM THE TABLE." MOTION BY VICE
CHAIRMAN FOE. SECONDED BY BOARD MEMBER REVICZKY.
DI3CITSSION.
voTE:
BOARD MEMBER REVICZKY: AYE
CHAIR11itAN LACEY: AYE
VICE CHAIRMAN POE: AYE
BOARD MEMBER KARR: AYE
MOON CARRIED.
Mr. John Baker, AICP, Senior Planner, Community Develapmeat Depmtmeat presented
this Agenda Item and stated, "At the last Meeting you had asked me a question about the
Fees foes' tha diffarnt signs. The City Resolution (Numbs) 2001-45 does set forth the
Fats that the City assesses far signage. The cost for a Baaaer is thirty dollars (530.00);
for other algae, there is a minimum of forty-five dollars ($45.00) and it is evaluated at
twelve dollars ($12.00) per thousand sad the building plans Review Fee is half of the
Permit Fee."
Continuing, Mr. Bakes added, `Where were several that we put forward last time that I
tried to address in the page two (2) of your Agenda Item -the people from the Realtor's
Association were oonceraed about limiting the distance to half mile from the home that is
being sold and -you have s Dopy of the email that I re<xived from thaw this afternoon on
the dais. The Attorney (Any A. Garganese) - I fora-arded that to him, the resalts of
their verbal comments at the last Meeting and he replied, `The half mile will run firm a
comanon area of the HOA (Homeowner's Association) because the common area will be
heated as on premise'. And then he further added, that if we need to clarify that, we
can."
Furthermore, Mr. Baker stated, `°I'he othex one was the length of time for commercial
beaners and I note that we had had a lot of requests about commercial banners, but I do
not believo we had one request since this Ordinance has been in effect for a banzticr in a
residential neighborhood." Mr. Baker added, "Staff talked it ova and we feel that forty-
five (45) days given the cost of constructing the banner, the cost of permitting the bsaaer,
forty-five (45) days is a reasonable amount of time, so we do recommend making that a
little bit longer."
Mr. Baker than stated, `The other one (1) is dre lady came bare from the Tax office down
here on (State Road) 434. She is only allowed to have a two (2) square foot sign wha+eas
a retail adablishmerrt can have a sign two fed (2~ tall times seventy percent (70°Yo) of
whatever her storefront area would be." Contintriag, Mr. Baker said, "We recommard
that officxs be treated the same as retail; that just assns fair to us.
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CIfY OF WIKrER SPRINGS, FLORIDA
MINUIffi
PI.AI~IG Alm 7ANiNG aOAItDVr.OCAL tr.ANNII1iG AGENCY
RB(iULAR MFBTQJ(3 - APRQ.1, 2U09
PAGE 4 OF 12
There is one (1) other item that came up in the discussion that I forgot to include in the
Agenda Item and, that is, you could very conceivably have and some of our Staff people
have seen this, some very strategically located comers that could just get loaded up with
these signs like-the realtor folks are awing for. We do not think that is a good thing to
have. We recommend limiting, keeping the limit on those residential lots to four (4)
signs. That way, we feel that we have some order there "
With furtludr discussion, IVIr. Baker added, "In terms of the Realtor's request to extend the
time that the signs can be up firm thirty (30) to forty-five (45) days, we ~ not see a
problem with that." Lastly, Mr. Baker commented, "We do rooommend this going
forward to the City Commission, but with those recommendations."
To clarify ~Mr. Baker's statement, Vice Chairman William H. Pce asked, "I thought you
had the sigma at thirty (30) days, but you are telling me now that you are willing to go to
forty-five (43~ [days]?" Mr. Baker replied, "Yes -the AttArney's office did not revise
the Ordinance. We are making these recommendations for him to make those changes
before it goes to Commission."
Discussion ensued on Banners.
Chairman Lacey opened the "Public Input"portion of this Agenda Item.
Mr. Greg (roodenbury, 380 West State Road 434, linter Springs, Florida: addressed the
Board Members regarding signage fior his business and has ooacems on the size. A
photogn;ph of the signage was shown.
Mr. Randy Stevenson, ASLA, AICP, Director, Community Development Department
stated, "I think it would be appropriate at this point, to instruct Staff to work on this
langu~e before we take it to the Commission. Now, my question to you is, as we cxaft
langua,~e, does - P And Z/LPA (Planning And Zoning Board/Local Planning Agency)
want to see this again prior to taking it to the Commission, ba;ause it would be a new
laaaguagie that we do not have in your current draft." Chairman Lacey replied, "I think we
would `liloe" to have it come back to us. What would be the suggested changes that would
accommodate this? Do you agree that those renditions are -saturate, based upon current
Code and what he would be allowed to do?" Mr. Stevenson replied, `°This is the first
time I have seen it tonight, but I have no reason to doubt it."
Continiung; IVIr. Stevenson added, "What we are trying to do, even before we finish the
Comp[rehensive] Plan issues and we are trying to s'eg<tgate them -there are a lot of
issues that we deal with on a daily basis that makes sense to us, but for which we have yet
to be able. to Amend the Code, so we would like to do this in big sections - so we do not
have to do so many of them." Mr. Stevenson then added, "If we can incorporate this and
bring this bade to you - it is probably the most expedient route and that way we can
addc+~ss many of the sign issues that we have."
b
~~
CICY OF W W'I'1R SPRIId(i3, FIARIDA
MIIdI[JfES
TLANNRVG AND ZANIIYG ®OARDrf.OCAL. PLANNING AGENCY
RHC~UIaR INEETINCi - APRII.1,2009
PAGE S OF 12
Mr. Baiter asked, "You would want to postpone it again to a Time Certain? Mr.
Stevenson replied, "Absolutdy." Mr. Baker commented, `To preserve the advertising."
Discussion.
Board Member Justin C. Reviczky stated, "Point of Order" to close Public Input
t."~
Yice Chainnea Poe asked, "Can you pinpoint a date Randy [Stevenson] that would be e~
acceptable to give Staff sufficient time to work on the verbiage for this?" Mr. Stevenson
replied, "I believe we had discussed the next Regular Meeting on May 6~ [2009]"
Cam'
Chairman Laory closed the "Pubticlnput"portion of this Agenda Item.
KI WOULD LIKE TO TABLE 1TEM `S00' UNTII. MAY 6~ [2009] TO PROVIDE
STAFF AN AMPLE OPPORTUNITY TO INCLUDE THE LANGUAGE THAT
WE WANT TO HAVE INCLUDED IN THIS ITEM." MOTION BY VICE
CHAIRMAN POE. SECONDED BY BOARD MEMBER REVICZKY.
DISCUSSION.
VOTE:
BOARD MEMBER KARR: AYE
BOARD MEMBER REVICZKY: AYE
LACEY: AYE
VICE POE: AYE
MOTION CARRIED.
REGULAR AGENDA
zeacll~
600. Community Development Department - Pbnniag Division
Requests That The Local PLnning Agency Revkw, Comment And Mahe
Recommendation To The City Commtssioa On The Draft Future Land Use
Element.
Ms. Eloise Sahlstrom, AICP, ASLA, Senior Plaaaer, Community Development
Depffitone~t presented the Future Land Use Element Draft and stated, `The Goal for
`Quality of Life'; it has been rewritten. I think it is much clearer and addresses more
things." Ms. Sahlstrom commented, "We added Policy 1.1.6: which is related to the
Accessory Dwelling Units"
ATTACHMENT D
C[tY OF WINTER SPRINGS, FLORIDA
UNAPPROVED MINUTES
PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY
REGULARMEETING -MAY 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 RECOMMEND APPROVAL OF ORDINANCE 2009-07 AS PRESENTED BY
CAPTAIN TOLLESON." MOTION BY VICE CHAIRMAN POE. SECONDED
BY BOARD MEMBER HEATWOLE. DISCUSSION.
VOTE:
BOARD MEMBER KARR: AYE
BOARD MEMBER REVICZItY: AYE
CLf~~IRMAN LACEY: AYE
VICE CHAIRMAN POE: AYE
BOARD MEMBER HEATWOLE: AYE
MOTION CARRIED.
Chairman Lacey asked, "If there is no objection from the Boazd, I think I would like to
move [Item] `503' up to the front." There were no objections voiced.
• • AGENDA NOTE: THE FOLLOWING PUBLIC HEARINGS AGENDA
ITEM "503" WAS HEARD NEXT, FOLLOWED BY THE REST OF THE
AGENDA, AS DOCUMENTED. • •
PUBLIC HEARINGS AGENDA
PrrsLrc ~Axnvcs
503. Community Development Department
ADD-ON
Office Of The City Attorney And Community Development Department
Request The LPA (Local Planning Agency)/P&Z (Planning And Zoning .Board) To
Remove From The Table And Then Discuss To Hold A Public Hearing Related To
Ordinance No. (Number) 2009-03, Amending Chapters 16 And 20 Of The City
Code, As They Relate To The Signage.
Mr. John Baker, AICP, Senior Planner, Community Development Department presented
this Agenda Item and stated, "We recommend first that you Remove it from the Table for
discussion."
"I MOVE THAT WE REMOVE ITEM `503' FROM THE TABLE." MOTION BY
BOARD MEMBER KARR. SECONDED BY VICE CHA]RMAN POE.
DISCUSSION.
CTIY OF WINTER SPRINGS, FLORIDA
UNAPPROVID MIIdUTFS
PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY
REGULAR MEETING -MAY 6, 2009
PAGE 5 OF 8
VOTE:
BOARD MEMBER REVICZKY: AYE
CHAIItMAN LACEY: AYE
BOARD MEMBER HEATWOLE: AYE
BOARD MEMBER KARR: AYE
VICE CHAIRMAN POE: AYE
MOTION CARRIED.
Mr. Baker presented this Agenda Item and read various excerpts from the Ordinance.
Tape 1/3ide 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. Frankie 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 received." Continuing, Mr. Stevenson replied,
"Let me clarify that "
1VIr. Stevenson added, "Seeking direction from the Board tonight, we could make that
clarification prior to going to the Commission that it would be as Frankie (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."
Ms. Elliott stated, "Your Staff has been absolutely wonderful to work with."
Chairman Lacey closed the "Public Input"portion of this Agenda Item.
_ ~ . ,:.
CITY OF WII~TER SPRINGS, FLORIDA
UNAPPROVID rgNUTFS
PLANNING AND ZONING BOARD/I.OCAL PLANNING AGENCY
REGULAR MEETIldG -MAY 6, 2009
PAGE 6 OF 8
"I WOULD Ll[I~ TO RECOMMEND APPROVAL OF DRAFT ORDINANCE
2009-03 AS REVISED THIS EVENING INCLUDING THE LANGUAGE ADDING
THE WORDS `FOR ANY INDIVIDUAL PROPERTY' TO SUBPARAGRAPH (6)
ON PAGE 5." MOTION BY VICE;. CHAIRMAN POE. SECONDED BY BOARD
MEMBER REVICZICY. DISCUSSION.
VOTE:
BOARD MEMBER KARR: AYE
VICE C'HAIRMA1v POE: AYE
CHAIRMAN LACEY: AYE
BOARD: MEMBER HEATWOLE: AYE
BOARD•`MEMBER REVICZICY: AYE
MOTION CARRIED.
PUBLIC HEARINGS
502. Community Development Department
Requests-That The Local Planning Agency Hold. A Public Hearing On Amendments
To The Comprehensive Plan Based On The 2008 Evaluation And Appraisal Report
(EAR) And After Considering Public Comment, Make Recommendation To The
City Commission Regarding Transmittal Of The Proposed EAR-Based
Amendments [Ordinance 2009-08] To The State Department Of Community Affairs
For Review.
Ms. Eloise Sahlstrom, AICP, ASLA, Senior Planner, Community Development
Department 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]
Element glld Transportation Element had some major formatting problems. Those have
been corrected."
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 Transmittal. The
Commission will decide on May 26`s [2009) whether they are ready to Transmit it to the
State and then the State has sixty (60) days to provide us with their response. They will
provide us with what is called an ORC (Objections, Response and Comments) Report and
then we are required to comment on those comments and we have a period of time to do
~„
ATTACHMENT E CITY OF WINTER SPRINGS, FLORIDA
MINUTES
CITY COMMISSION
SPECIAL MEETING -MAY 26, 2009
PAGE 14 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 VOTE AUDIBLE FROM THE
ROOM BEHIND THE DAIS)
MOTION CARRIED.
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
CITY 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 difficulties 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. Edwards addressed the City Commission on this Agenda Item.
Discussion.
Commissioner Brown remarked, "I think it is a great argument 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.
ATTACHMENT F
Drlando Sentinel ,
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vexed to The Complaint,
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efforts to ascertain such in-
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able to determine the idenif-
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JUNE 4,, 2009 ~ ~9
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NOTICE OF PU9LIC AEARINC . i
NOTICE IS HEREBY'GIV- {t
EN THAT THE CITY' OF
WINTER SPRINGS CrTY ~~/ i ^ --'~
COMMISSION PROPOSES YYe..Can.~etp ~~
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if Notice to be published in
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veek far 2 successive
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iefore June 22, 2009 and
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BY THE COURT
BY The Deputy Clerk
OR992271 ¢/4, 1L 20091
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