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
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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.
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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."
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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
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ssacmu~ ~,-raro - wPSU. ~. aoo9
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~. 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. $E(.'ONDED BY
BOARD MSMBER KARR. DISCUSSION.
VOTE:
CHAIIROt[Al!i LACEY: AYE
HOARD REVICZKY: AYE
VICE OMAN POE: AYE
BOARa 1 KARR: AYE
AWARDS AND PRESENTAZTONS
wwwtms wr®resserrrwrwr~s
300. Nat IIsed.
X00. BEPORTS
PUBIdC INPUT
No one spoke.
PUBLIC HEARINGS AGENDA
rosr~c~snnres
500. O1Doe Of Tie City Atborsay And C.anouuiq Dertlop~nsnt Depsrasent
B~egrwt Tie LPA (iaeat !~ A~ey)/PJrZ (Pls~uins Aad ZoninL Board) To
Beoo~e I~e+om Tie Tsi6b And Tien DMew To Hfdd A Psibde ga~rlnj Beiebed To
Ordiaastoe Na (rlrmbee~ Z091-03y An~endtsH Cieplees 16 And ?A O[ The City
Code, Ae They BetDe Te TYe StpsaSe.
(~Snman I.s~ay aalcad, "Do I have a Motion tD Remoaro this fio~ the Tab1eY"
0
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crrsr ac- w~a sraeras. ptoarow
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tr.~ramrc germ zoem~c ~esorroc.N. rrararnrc wcanrcer
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PAitiB 3 OF 12
X30 MOVED TO REMOVB Tr FROM TSE TABLE." MOTION BY VICE
C2[AIRMAN POE. SECONDED BY BOARD iriEMBER REVICZKY.
DISCITSBION.
VOTE:
HOARD MEMBER REVICZKY: AYE
CHAI>ttl~l LACEY: AYE
VICE CSAI>RMAN POE: AYE
HOARD 11~8R KARR: AYE
MO'i~i CARRIED.
11dr John Balaa~, AICP, Savior Planner, Camamuoit3r DevdopmeM DapaRtmaot pcr~anted
this A,geada Item and stated, "At the Lest Meeting yon had ached oaD a quoatiau shoat the
Fees For the di$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.
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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-
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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