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2014 03 10 Public Hearing 501 Billboards, Ordinance 2013-11 Second Reading COMMISSION AGENDA Informational Consent ITEM 501 Public Hearings X Regular March 10, 2014 KS RS Regular Meeting City Manager Department REQUEST: The Community Development Department — Planning Division requests that the City Commission approve second and final reading of Ordinance 2013-11, which proposes to amend the City's regulations regarding off-premises signs, commonly referred to as billboards. SYNOPSIS: Section 16-77 of the Code of Ordinances prohibits the construction of new billboards in the City of Winter Springs. Section 16-77 identifies an inventory of existing billboards that are considered legal nonconforming structures. The billboards identified in this inventory cannot be enlarged and can only be reconstructed in the same location with the same size and number of sign faces provided they are damaged or destroyed by flood, fire, earthquake, war, riot, act of God or similar casualty loss. The City has recently received a request to reconstruct a legally non-conforming billboard into a digital billboard that will utilize electronic message display technology. Ordinance 2013-11 proposes to amend Section 16- 77 to permit the reconstruction of billboards that are located DiLly along the US 17-92 corridor into digital billboards which utilize electronic message display technology. CONSIDERATIONS: APPLICANT AND PROPERTY INFORMATION: . Applicant name and address and authorized representative: City of Winter Springs, 1126 East State Road 434, Winter Springs, FL 32708. Public Hearings 501 PAGE 1 OF 5- March 10,2014 • Property owner's name(s): Not applicable • Property addresses: Not applicable • Property Parcel ID numbers: Not applicable • Current FLUM Designation s: Not applicable • Current Zoning Designations: Not applicable • Previously Approved Development permits such as conditional use, waiver, or variance (if any): Not applicable • Development Agreements (if any): Not applicable • Pending Code Enforcement Actions (if any): Not applicable • City Liens (if any): Not applicable APPLICABLE LAW, PUBLIC POLICY, AND EVENTS Florida Statutes 163.2511-163.3246: (Provides that land development regulations for municipal planning be consistent with the Comprehensive Plan). Florida Statute 166.041 Procedures for adoption of ordinances and resolutions. Winter Springs Charter Article IV. Governing Body. Section 4.06. General powers and duties. Section 4.15. Ordinances in General. City of Winter Springs Comprehensive Plan Winter Springs Code of Ordinances, Chapter 16 signs, Section 16-77 - outdoor display/billboards - off-premises signs prohibited DISCUSSION: Section 16-77 of the Code of Ordinances was adopted by the City Commission in 2001. This section of the Code prohibits the construction of new billboards in the City of Winter Springs. Section 16-77 identifies an inventory of existing billboards that are considered legal nonconforming structures. These billboards cannot be enlarged and can only be reconstructed in the same location with the same size and number of sign faces if they are damaged or destroyed by flood, fire, earthquake, war, riot, act of God or similar casualty loss. There are no provisions regarding permitting the reconstruction of existing billboards into billboards that utilize newer technology, such as electronic message display technology. Ordinance 2013-11 proposes to amend Section 16-77 to permit the reconstruction of existing billboards that are located only along the US 17-92 corridor into digital billboards which utilize electronic message display technology. Currently, there are two existing billboards located on U.S. 17-92: 1) the southeast corner of the intersection of US 17-92 and Shepard Road, and 2) the recently approved Racetrac site, which permitted an existing billboard to be raised to a higher height by an approved Annexation Agreement. The City has recently received a request to reconstruct a legally non-conforming billboard into a digital billboard that is located on the U.S. 17-92 corridor. This billboard is proposed to be re-constructed utilizing electronic message display technology. This billboard is located at the southeast corner of the intersection of US 17-92 and Shepard Road. It is currently held up by six (6) wooden poles and was constructed prior to the advent of Public Hearings 501 PAGE 2 OF 5- March 10,2014 electronic message display technology. Upon meeting with the applicant, staff explained that the billboard code prohibits the construction of new billboards, and the reconstruction of existing billboards into digital billboards which utilize electronic message display technology. In an effort to update the City's Code of Ordinances and to allow the use of modern technology only at the two existing billboards along US 17-92 and only on a case- by-case basis; staff is proposing Ordinance 2013-11 to permit the reconstruction of existing billboards located giLly along the US 17-92 corridor into new digital billboards which utilize electronic message display technology. Billboards that are proposed for reconstruction along the US 17-92 corridor will be required to submit in writing a conversion request to the City for an informal and preliminary review to determine whether the City desires to engage in more formal negotiations. If the City desires to engage in formal negotiations, the owner will be required to execute an affidavit on a form that is prepared by the City Attorney that states the owner agrees that future negotiations with the City are optional and at the sole discretion of the City. Additionally, the owner agrees that the City is under no obligation to approve or deny the request and the owner will hold harmless the City regarding any decision that is made by the City related to the request. In the event the City Commission decides to approve an owner's conversion proposal, the conversion shall be subject to the terms and conditions of a binding written agreement. The following minimum technical display requirements shall apply to each billboard that utilizes electronic message display technology unless the City Commission requires more restrictive requirements by written agreement: 1. Display messages shall be static only. Such static images shall hold the display face for a minimum of eight(8) seconds before transitioning to another static image. 2. Transitions from one static image to the next shall appear within three (3) seconds and shall not have the appearance of flashing, flickering, blinking, pulsating animation or videos or varying light intensity. Dissolving from one static image to the next within the three (3) second transition period shall not constitute animation for purposes of this article. 3. The billboard shall come equipped with functioning automatic dimming technology which automatically adjusts, at all times while the electronic message center is operating, the sign's brightness in direct correlation with ambient light conditions. 4. No billboard shall be brighter than is necessary for clear and adequate visibility. No electronic billboard shall exceed a brightness level of 6,000 NITS (NITS are the standard measure of brightness for electronic signs and devices) during daytime use or 500 NITS during nighttime use and to account for adverse weather conditions that reduce the amount of sunlight. 5. No billboard shall display light of such intensity or brilliance as to cause glare or otherwise impair the vision of a driver or result in a nuisance. No billboard shall be of such intensity or brilliance that it interferes with the effectiveness of an official traffic sign, device or signal. 6. The billboard shall have a default mechanism built in to either turn the display off or Public Hearings 501 PAGE 3 OF 5- March 10,2014 show "full black" on the display in the event of a malfunction. Malfunction is defined as any operation of the billboard that causes glare or impairs the vision of motorists or otherwise distracts motorists so as to interfere with the motorists' ability to safely operate their vehicles or otherwise constitutes a violation of the City Code. 7. The billboard shall not be configured to resemble a warning, danger signal, official signage used to control traffic or to cause a driver to mistake the billboard for a warning or danger signal. 8. Any billboard operating out of compliance with any standard of this section must immediately terminate displaying an image until compliance is achieved. The maximum height of each billboard cannot exceed 50-feet measured from the crown of the adjacent U.S. 17-92 right-of-way, and cannot exceed 672 square feet in area (14-feet by 48-feet). All visible portions of the billboard shall be painted monochromatic black or any other monochromatic dark, neutral color as approved by the City. Additionally, the City may require the digital billboard to be located elsewhere on the subject property in order to provide an adequate buffer distance from the digital billboard and the U.S. 17-92 right-of- way, as well as other sensitive areas of the subject property. Digital billboards that are permitted may be required to provide space for public service announcements and community events; and upon approval by the City, the billboard shall be considered an existing structure and remain on the billboard inventory list that was adopted by the City Commission in 2001. The City may require a sign owner, in exchange for the right to construct a digital billboard to agree to remove another existing legally non-conforming billboard located elsewhere in the City or within any portion of the Seminole County 17-92 Redevelopment Area within or outside the City limits as a condition of an agreement to permit a digital billboard. A 2007 study conducted by the Virginia Tech Traffic Institute (VTTI) concluded the average amount of time it takes for a driver of a car to look at an electronic message display on a digital billboard and read and process the information is approximately less than one second. This study concluded that traffic accidents are no more likely to occur in the presence of digital billboards than in their absence. A 2009 study by VTTI concluded texting while driving causes a driver to glance at their respective mobile device for an average of 4.6 seconds during a 6 second period. This equates to a driver traveling then length of a football field at 55 miles per hour without looking at the roadway. A 2 second glance away from the road is considered to be a dangerous level. FISCAL IMPACT: While there is no direct fiscal impact to the City, staff is of the opinion that the proposed new code language will facilitate more diversified and aesthetically pleasing advertising options in the US 17-92 corridor. These options may increase the advertising potential of local businesses and possible the City. The signs also represent increased visibility for public service and emergency announcements. COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney/Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the Public Hearings 501 PAGE 4 OF 5- March 10,2014 respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, Media/Press Representatives who have requested Agendas/Agenda Item information, Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at five (5) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. RECOMMENDATION: Staff recommends the City Commission approve second and final reading of Ordinance 2013-11, which proposes to amend the City's regulations regarding off-premises signs located in the US 17-92 corridor, commonly referred to as billboards. Staff would also recommend that the two signs referenced in the Planning and Zoning Minutes of September 4, 2013 be addressed as a separate text amendment proposal as these signs are contextually different than those along the US 17-92 Corridor and are also tied to the Greeneway Interchange District and the proposed "Icon" signage along SR 417. ATTACHMENTS: A. Ordinance 2013-11 B. Minutes - September 4, 2013 Planning& Zoning Board meeting C. Advertisement- Orlando Sentinel -February 27, 2014 Public Hearings 501 PAGE 5 OF 5- March 10,2014 Attachment A ORDINANCE NO. 2013-11 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, REGARDING THE REGULATION OF EXISTING OUTDOOR OFF-PREMISE ADVERTISING DISPLAYSBILLBOARDS (`BILLBOARDS") LOCATED WITHIN THE CITY OF WINTER SPRINGS ON U.S. 17-92; PROVIDING REQUIREMENTS FOR CONVERTING EXISTING, LEGALLY NONCONFORMING BILLBOARDS LOCATED ON U.S 17-92 INTO DIGITAL BILLBOARDS PURSUANT TO SUBSEQUENTLY NEGOTIATED TERMS AND CONDITIONS OF AN AGREEMENT WITH THE CITY; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, SEVERABILITY, INCORPORATION INTO THE CODE; AND AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under § 2(b), Art. VIII of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, the City has previously adopted regulations regulating outdoor off-premises advertising displays/billboards ("Billboards")within the municipal limits of the City; and WHEREAS, upon recommendation of the City's Community Development Department, the City Commission desires to adopt several technical amendments to the City's existing Billboard regulations; and WHEREAS, the City's Land Planning Agency conducted a public hearing regarding the Code amendments recommended by the Community Development Department set forth in this Ordinance on September 4, 2013 and recommended that the City Commission adopt the amendments; and WHEREAS, the City Commission hereby adopts by this reference for the sake of simplicity, all previous legislative findings and references to legal authority made by the City Commission including, but not limited to those set forth in Ordinance 2001-50, supporting the regulation of Billboards within the municipal limits of the City; and WHEREAS, the City Commission finds that U.S. 17-92 traversing along the western boundary of the City of Winter Springs and is the highest traffic corridor with the most intense commercial land uses within the City; and WHEREAS, given the character of U.S. 17-92, the City Commission finds that affording City of Winter Springs Ordinance No. 2013-11 1 the opportunity to convert an existing nonconforming billboard located within this corridor to a digital sign may be more compatible with the corridor than the existing billboard provided certain terms and conditions for the conversion can be negotiated with the sign and property owner. 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 fully incorporated herein by reference as legislative findings of the City Commission of Winter Springs. Section 2. Amendment to Section 16-77 of the City Code. The City of Winter Springs Code of Ordinances, Section 16-77 is hereby amended as follows (underlined type indicates additions and strikeout type indicates deletions,while asterisks(* * *)indicate a deletion from the Ordinance of text existing in Section 16-77. Sec. 16-77. - Outdoor display/billboards—Off-premises signs prohibited. (a) Other than as provided within this section, off-premises signs, as defined in section 16-51 of the City Code, are strictly prohibited within the City of Winter Springs. (b) Notwithstanding anything in the City of Winter Springs Code of Ordinances to the contrary,from and after the effective date of Ord. No. 2001-50 [Oct. 22, 2001],the total number of outdoor off-premises signs located in the incorporated areas of the city shall be limited as hereafter specified. (c) The initial limitation on outdoor off-premises signs are the five (5) outdoor off-premises sign structures (hereinafter referred to as "Existing Structure(s)") currently existing in the incorporated areas of the city (the "Existing Structures"). An inventory of these existing structures dated October 22, 2001, as amended in June 2013, is filed in the community development department and is incorporated herein by this reference. (d) The limit stated in subsection (c) above may only be increased by the number of lawfully existing off-premise sign structures within unincorporated areas of Seminole County which are annexed by the City of Winter Springs. Contemporaneously with annexation the city shall conduct a survey of all existing off-premise sign structures within the annexed portions of unincorporated Seminole County. The inventory of existing structures, on file with the community development department, shall be amended by resolution of the city commission to include the addition of legally existing off-premise sign structures. City of Winter Springs Ordinance No. 2013-11 2 (e) The limit stated in subsection (c) above, as may be amended by subsection (d), shall be correspondingly reduced upon the occurrence of any of the following: (1) An existing structure is removed incident to a road widening or other public works project; and (2) An existing structure is removed incident to the development or redevelopment of the property upon which the existing structure is located; or (3) An existing structure is removed incident to the expiration of the lease or other agreement authorizing placement of the existing structure on the property. (4) An existing structure which is non-conforming due to zoning is removed due to destruction, damage or other casualty which results in destruction of fifty (50)percent or more of the support structure for or of fifty (50)percent or more of the face of the sign. (5) An existing structure is removed or dismantled by fifty (50) percent or more of the support structure or fifty (50)percent or more of the face of the sign. (6) By the terms and conditions of a development agreement with the city, except that any development agreement after the effective date of this section shall not allow the removal of an existing structure later than the time that would otherwise be provided by this section. Any existing structure subject to a development agreement with the city prior to the effective date to this section shall be exempt from the provisions of this subsection(e) and shall be removed in accordance with the terms of the development agreement. (f) At any point in time the then current limit on the number of outdoor off-premises signs located in the incorporated areas of the city shall be the initial limit specified in subsection (c) and as amended by subsection (d) above less the total number of existing structures which have been removed as specified in subsection (e) above. (g) In addition to the limitation specified above,there is hereby imposed a limitation upon the number, size and orientation of the sign faces located upon the existing structures. From and after the effective date of Ord. No. 2001-50 [Oct. 22, 2001], the number of sign faces on an existing structure may not be increased, either by adding an additional face oriented in a different direction or by changing the display mechanism to permit the display of multiple signs on a single sign face. From and after the effective date of this Ord. No. 2001-50, no sign face on an existing structure may be increased in size and the orientation of each sign face located upon an existing structure may not be changed. (h) Except for an existing structure which is non-conforming(which cannot be replaced), an existing structure damaged or destroyed by flood,fire, earthquake,war,riot, act of God or other similar casualty loss may be reconstructed in the same location with the same(or smaller or fewer, City of Winter Springs Ordinance No. 2013-11 3 as the case may be) size and number of sign faces. An existing structure may not be relocated to another location. (i) Except as specifically authorized by permit issued by the State of Florida Department of Transportation or as required by specific state statute, no trees or vegetation shall be removed or trimmed from the property upon which an outdoor off-premises sign is located or from property adjacent thereto in order to enhance the visibility of the outdoor off-premises sign. (j) In connection with any off-premise signs which are erected or constructed in violation of the provisions of this section, each day that said sign remains erected in violation of this section shall constitute a separate violation and each person responsible for erecting or constructing such off-premise sign, including but not limited to the real property owner, shall pay the city a penalty of five hundred dollars ($500.00)per day until the off-premise sign is removed. (k) This subsection is intended to provide requirements for a person to propose converting an existing structure identified on the aforementioned inventory list, and which is located on real property abutting U.S. 17-92 and within the Seminole County 17-92 Redevelopment Area, to an off-premises digital billboard sign under negotiated terms and conditions approved by the City Commission. The purpose of this subsection is to adopt standards and restrictions for any such conversion that are pursuant to the interest of the citizens of the City and Seminole County and the Redevelopment Area related to visual aesthetics and the safety of vehicular traffic. No conversion shall be allowed in the City except as provided in this subsection. (1) An owner of an existing structure subject to this subsection shall first be required to submit, in writing, a conversion request to the City for an informal and preliminary review to determine whether the City, at its discretion, desires to engage in more formal negotiations regarding the request. (2) If the City desires to engage in formal negotiations, the owner shall be required, as a precondition to negotiations, to execute an affidavit on a form prepared by the City Attorney. The affidavit shall provide at a minimum that the owner is acknowledging and agreeing that the future negotiations with the City are optional and at the sole discretion of the City. Further, the owner agrees that the City is under no obligation whatsoever to approve or deny the request and that the owner shall release and hold harmless the City regarding any decision made by the City on the request. Should the City Commission decide to approve an owner's conversion proposal, the conversion shall be subject to terms and conditions of a binding written agreement and the following minimum standards and requirements: (i) if the owner of the existing structure is not the owner of the property on which the existing structure is located,the owner of the property shall be required to approve and execute the agreement. Said agreement shall be recorded in the Official Records of Seminole County and shall be binding on the owner of the sign and the real property; City of Winter Springs Ordinance No. 2013-11 4 (ii) the conversion shall be subject to all applicable building, fire and land development codes and law; however, to the extent this section conflicts with state or federal law, the more restrictive will be applied by the City; (iii) the following minimum technical display requirements shall apply unless the City Commission requires more restrictive requirements by written agreement: 1. Display messages shall be static only. Such static images shall hold the display face for a minimum of eight(8) seconds before transitioning to another static image. 2. Transitions from one static image to the next shall appear within three (3) seconds and shall not have the appearance of flashing, flickering, blinking, pulsating animation or videos or varying light intensity. Dissolving from one static image to the next within the three (3) second transition period shall not constitute animation for purposes of this article. 3. The billboard shall come equipped with functioning automatic dimming technology which automatically adjusts, at all times while the electronic message center is operating, the sign's brightness in direct correlation with ambient light conditions. 4. No billboard shall be brighter than is necessary for clear and adequate visibility. No electronic billboard shall exceed a brightness level of 6,000 NITs (NITS are the standard measure of brightness for electronic signs and devices) during daytime use or 500 NITs during nighttime use and to account for adverse weather conditions that reduce the amount of sunlight. 5. No billboard shall display light of such intensity or brilliance as to cause glare or otherwise impair the vision of a driver or result in a nuisance. No billboard shall be of such intensity or brilliance that it interferes with the effectiveness of an official traffic sign, device or signal. 6. The billboard shall have a default mechanism built in to either turn the display off or show "full black" on the display in the event of a malfunction. Malfunction is defined as any operation of the billboard that causes glare or impairs the vision of motorists or otherwise distracts motorists so as to interfere with the motorists' ability to safely operate their vehicles or otherwise constitutes a violation of the City Code. 7. The billboard shall not be configured to resemble a warning, danger signal, official signage used to control traffic or to cause a driver to mistake the billboard for a warning or danger signal. 8. Any billboard operating out of compliance with any standard of this section must City of Winter Springs Ordinance No. 2013-11 5 immediately terminate displaying an image until compliance is achieved. (iv) The maximum height of the billboard shall be 50-feet measured from the crown of the adjacent U.S. 17-92 and shall be compatible with the surrounding area (v) The maximum size of the billboard face, as viewed from one direction, shall be 672 square feet (14 feet by 48 feet). All visible portions of the back side of any billboard shall be painted monochromatic black or other monochromatic, dark, neutral color, as approved by the City. No embellishments and cut outs may be utilized on the billboard; (vi) Notwithstanding the current location of the existing structure being removed pursuant to this subsection, the City may require the digital billboard to be located elsewhere on the subject property in order to provide adequate buffer distances from the digital billboard and U.S. 17-92 and other public right-of-way, as well as from other sensitive areas adjacent to the subject property; (vii) The billboard may offer to provide copy space for public announcements like amber and silver alerts, public emergency notices, and community events; (viii) Upon approval by the City, the billboard shall constitute an existing structure and shall remain on the inventory list pursuant to this section. (ix) Section 16-77 encourages the removal of existing structures on the inventory list required by this section. Further, the City currently participates in the Seminole County 17-92 Community Redevelopment Agency for purposes of revitalizing and redeveloping the U.S. 17-92 corridor. In furtherance of these legitimate public purposes, the City may, in its discretion and as a condition of negotiating an agreement under this subsection, require a sign owner, in exchange for the right to construct a digital billboard, to agree to remove another existing, legally non-conforming billboard located elsewhere in the City or within any portion of the Seminole County 17-92 Redevelopment Area within or outside the City's jurisdictional boundaries. Section 5. 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 6. 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 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 7. 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 City of Winter Springs Ordinance No. 2013-11 6 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 8. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Commission of the City of Winter Springs, Florida, and pursuant to the City Charter. ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the 10th day of March, 2014. CHARLES LACEY, 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: February 24, 2014 Legal Ad Published: February 27, 2014 Effective Date: See Section 8. City of Winter Springs Ordinance No. 2013-11 7 Attachment " B " CITY OF WINTER SPRINGS,FLORIDA MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING-SEPTEMBER 4,2013 PAGE 2 OF 5 VOTE: CHAIRPERSON POE: AYE VICE-CHAIRPERSON HENDERSON: AYE BOARD MEMBER PHILLIPS: AYE MOTION CARRIED. AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 300. Not Used 400. REPORTS No Reports were given. PUBLIC INPUT Chairperson Poe opened "Public Input". No one addressed the Planning and Zoning Board/Local Planning Agency. Chairperson Poe closed "Public Input". PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 500. Community Development Department—Planning Division Requests That The Planning And Zoning Board Consider Ordinance 2013-11, Which Proposes To Amend The City's Regulations Regarding Off-Premises Signs, Commonly Referred To As Billboards. Mr. Bobby Howell, AICP, Planner, Community Development Department presented the Agenda Item. Vice-Chairperson Bob Henderson said, "I am just going to say, in terms of discussion, I am opposed to it. I think it frankly is more garishness along (U.S. Highway) 17/92 and we have enough along there." CITY OF WINTER SPRINGS,FLORIDA MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING-SEPTEMBER 4,2013 PAGE 3 OF 5 Chairperson Poe opened "Public Input". No one spoke. Chairperson Poe closed "Public Input". Ms. Margaret Casscells-Hamby, 907 Old England Avenue, Winter Park, Florida: explained that she is the owner of the property which is noted in violet and purple, also indicated as `location 3' and `location 4' on the Agenda Item map. Ms. Casscells-Hamby requested that her property be included in this proposal as she is hoping to initiate commercial development interest in her property by using electronic signage. Discussion ensued about the current signs being non-conforming, the City Commission's recent approval of on-site digital signage, and the location and size of billboards. Mr. Randy Stevenson AICP, ASLA, Director, Community Development Department assured the Board Members that the Community Development Department has, "Worked with the Police Department on this to make sure that again, similar to what we did with electronic signs at the smaller level, that these don't present necessarily—they're genuine advertising mechanisms that by nature, by virtue of that very nature of what their intent is, they will get the attention of drivers but not for a period of time that, as Bobby (Howell) mentioned during our last presentation, that would be detrimental to traffic circulation." Discussion. "I AM GOING TO PROPOSE A MOTION THAT WE APPROVE ITEM `500' AS PRESENTED WITH THE CAVEAT THAT THE CITY STAFF AND THE CITY MANAGER WORK WITH THIS YOUNG LADY TO SEE IF THE OTHER TWO CAN BE INCORPORATED INTO THE PROPOSAL THAT WE HAVE AS WRITTEN." MOTION BY CHAIRPERSON POE. SECONDED BY BOARD MEMBER PHILLIPS. DISCUSSION. VICE-CHAIRPERSON HENDERSON STATED, "I WILL NOT VOTE AGAINST THAT. I AM MERELY NOT THAT OPPOSED. BUT I AM OPPOSED REALLY TO THE ONE ON SHEPHERD ROAD. THE CITY JUST SPENT, WELL THE CRA (COMMUNITY REDEVELOPMENT AGENCY) JUST SPENT A HALF A MILLION DOLLARS TO PUT UP A NICE ENTRANCE TO THE CITY AND NOW WE ARE GOING TO STICK UP A GARISH BILLBOARD ON THAT LOCATION." BOARD MEMBER PHILLIPS INQUIRED IF THE SIGN BY THE `RACETRAC' WOULD STAY IN THE SAME LOCATION. MR. HOWELL ANSWERED, "YES, THEY ARE GOING TO BASICALLY RAISE IT TO A HIGHER HEIGHT THAN WHAT IS CURRENTLY THERE." CITY OF WINTER SPRINGS,FLORIDA MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING-SEPTEMBER 4,2013 PAGE 4 OF 5 VOTE: VICE-CHAIRPERSON HENDERSON: AYE BOARD MEMBER PHILLIPS: AYE CHAIRPERSON POE: AYE MOTION CARRIED. PUBLIC HEARINGS 501. Community Development Department—Planning Division Requests The Planning And Zoning Board Requests That The Local Planning Agency Review The Preliminary Five-Year Capital Improvements Program For Fiscal Year 2014 Through Fiscal Year 2019. Mr. Randy Woodruff, AICP, Senior Planner, Community Development Department presented the Agenda Item. Chairperson Poe asked if this was just the Program. Mr. Woodruff responded, "This is just the Program, correct." Continuing, Mr. Stevenson said, "This is primarily a planning tool. The tie-in between this document and the Budget is that you'll notice the `Year Y are those things that occur in the Budget - you have to demonstrate that they are funded." Chairperson Poe opened "Public Input". No one spoke. Chairperson Poe closed "Public Input". "The Chair will entertain a Motion with regard to Item `501'." "MOTION TO APPROVE." MOTION BY VICE-CHAIRPERSON HENDERSON. SECONDED BY BOARD MEMBER PHILLLIPS. DISCUSSION. 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