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HomeMy WebLinkAbout2009 05 26 Public Hearings 502 Ordinance 2009-03 Signage Amending Chapters 16 and 20 of City CodeCITY COMMISSION AGENDA ITEM 502 May 26, 2009 Special Meeting Consent Information Public Hearin X Re ular MGR. REQUEST: The City Attorney's Office and Community Development Department request the City Commission hold a public hearing for first reading 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 have first reading of 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. Chanter 166, Florida Statutes. Winter Sarin$s Charter, Section 4.15.Ordinances in General. Winter Shrines Code of Ordinances. Chanter 16 & Chanter 20. Recent Court Cases DISCUSSION: The City's sign regulations were amended in October 2006 to make them content-neutral, to be consistent with recent case law and, therefore, defensible against legal challenges. The City Commission was asked to consider amending the existing code, which currently prohibits off-premises signage. Based upon the Commission's policy direction, the proposed ordinance defines property owner association common areas as "on-premises" for temporary signs placed by association lot and unit owners, authorizes temporary "off-premise" signs, subject to the issuance of a permit and other limitations in order to protect against an unreasonable proliferation of such signs that could undermine the aesthetic and traffic safety government rationale supporting the sign code. The proposed ordinance further clarifies the definition of a "temporary sign," clarifies the removal requirements for temporary "on-premise" signs May26, 2009 Public Hearing Item 502 Page 2 advertising products and services, and adds language to ensure that each tenant in a multi- tenant commercial property has the ability to place one "on-premise" temporary sign. March 4, 2009 LPA/P&Z: At the Mazch 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 proposes additional language to clarify that all common area within the subdivision be considered "on-premises." Staff suggested further consideration for the time limits set forth for banners in Section 16-87 of the City Code. Currently, on commercial, industrial, or multi-family zoned property, one banner, not to exceed sixty-four (64) square feet, may be permitted for a maximum duration of 14 calendar days within one 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 forwazd to address the existing provisions of Subsection 20-486 (3) (h) of the City Code (SR 434 Redevelopment Overlay Zoning District), which restricts building-mounted signage for buildings :with separate exterior tenant entrances to only two (2) square feet for office (regardless of the office frontage), while allowing a retail use in the same building to provide signage that is 2 feet tall x 70 percent of the linear feet of storefront the business occupies. Staff recommended that the office use be provided the same signage prescription as the retail use in both the SR 434 Redevelopment and New Development Overlay zoning districts. This modification has been added to the ordinance. At the April 1, 2009 meeting, a proprietor came forward to state that as a business owner in asingle-tenant building within the SR 434 Redevelopment Overlay Zoning District, that they are only allowed a 16 squaze foot building-mounted sign, whereas, a tenant in a multi-tenant building with separate entrances could have a building mounted sign that is Page 2 May26, 2009 Public Hearing Item 502 Page 3 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. 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 aze unrelated to the suppression of free speech. • Aesthetic interests aze a legitimate basis for regulating signage. LPA/P&Z ACTION: The LPA/P&Z held three (3) public hearings, 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 hold a public hearing for and approve first reading of Ordinance 2009-03. ATTACHMENTS: A. Draft Ordinance No. 2009-03 revision B. Draft Minutes of March 4, 2009 LPA/P&Z C. Draft Minutes of April 1, 2009 LPA/P&Z D. Draft Minutes of May 6, 2009 LPA/P&Z COMMISSION ACTION: Page 3 ATTACHMENT A DRAFT: 4/28/2009 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 DEFINTfIONS; 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 expresslyprolubited 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 withinthe 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 City of Winter Springs Ordinance 2009-03 Page 1 of 9 minimising sight pollution and tra8ic and safety hazards to persons and property during high winds, while at the same time balancing the need to promote economic development and the business interests of the community; and WHEREAS, the City Commission finds that the goals of this Ordinance are unrelated to the suppression of free expression; and WHEREAS, aesthetic interests are a legitimate basis for regulating signs. See, e.g., Lake Wales v. Lamar Advertising Assn of Lakeland, 414 So. 2d 1030 (Fla.); Messer v. City of Douglasville, Ga., 975 F. 2d 1505 (1 ls` 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 striiceotet 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): CI3APTER 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: City of Winter Springs Ordinance 2009-03 Page 2 of 9 On-Premises Sign shall mean a sign (1) identifying an activity conducted or products or 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 si 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-premise 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. City of Winter Springs Ordinance 2009-03 Page 3 of 9 In addition to any other applicable provision of this article and code, the following minimum 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 incases 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) squaze feet and the total number of temporary signs on any one non-residential property shall not exceedthirty-six (36) square feet. However, on property with multiple. commercial tenants, each tenant may erect one temporary sign on or facing each street frontage adiacent to thee. 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 standazds: (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 reaz 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) yeaz or until the building permits for the azea 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. City of Winter Springs Ordinance 2009-03 Page 4 of 9 ~ Temporazynff-premise signs may be erected upon issuance of a permit by the city, provided the temporary off-premise sign(s) meets the following' conditions: (1) The sign may only be erected on`propertv during weekends and national holidays between the hours of 8:30 a.m. and 5:30 p.m ~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. have a shall be a maximum one permit, litxut for each activity or event, provided, however, there shall also be a two Hermit limit per calendar veaz for any particulaz place of business or residence. Special events which aze sponsored or cosponsored by the city, county or.school district, and facilities, shall not be subiect 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 fiotuteea forty-five (~4, calendaz days during any one calendaz yeaz. 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 yeaz. 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 (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- premise signs on any one property... *** 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 textexisting 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 maunted mYdti=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 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. City of Winter Springs Ordinance 2009-03 Page 6 of 9 (4) Reserved. **~ Sec. 20-486. Signs. All signs and sign elements, including shape, form, .lighting, materials, size, color and location shall be subject to approval by the city commission if such signs or sign elements are visible from adjacent properties or a street right-of--way. *** (3) Building mounted mrclti=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 twenry- 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 rctail-sMre{sj-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: o~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 sixlgle tenant identification sign. (4) Reserved. . ---R-•- Pre'Po'~ ~'~'~' 0 *** Section 4. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adoptedbythe 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 maybe City of Winter Springs Ordinance 2009-03 Page 8 of 9 ~. ,_ m _. . 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 puisdiction, 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 ATTACHMENT B C[rY ~ WINTER SPRINGS, FLORIDA UNAPPROVED MINU'T'ES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULARMEETING -MARCH 4, 2009 PAGE 5 OF 5 "I MOVE THAT [AGENDA) ITEM `500' BE TABLED UNTIL THE MARCH lOTx, 2009 MEETING GIVING STAFF AN .OPPORTUNITY TO CLEAN UP THE LANGUAGE." MOTION BY VICE CHAIRMAN POE. MR. STEVENSON STATED, .".PLEASE BE AWAKE THAT YOU WILL PROBABLY NOT SEE AN AGENDA ITEM UNTIL THAT NIGHT ON THIS IF YOU DO IT ON THE 10TH [MARCH 2009] AS LONG: ':AS WE HAVE THAT ON THE RECORD." DISCUSSION. SECONDED BY BOARD 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. CHAIRMAN LACEY STATED,. "IS THERE ANY FURTHER DISCUSSION ON THE MOTION TO TABLE UNTIL MARCH lOTx 12009]?" VOTE: CHAIRMAN LACEY: AYE BOARD MEMBER HEATWOLE: AYE BOARD MEMBER REVICZKY: AYE VICE CHAIRMAN POE: AYE MOTION CARRIED. PUBLIC HEARINGS 501. Office Of The City Attorney And Community Development Department Requests That The Planning And Zoning Board Hold . A Public Hearing To Consider Ordinance No. (Number) 2009-03, Amending Chapter 16 Of The City Code, As It Relates To The Signage. Mr. Baker introduced this Agenda Item and stated, "We are recommending Approval of the language in front of you, but we are open for consideration on these other points of interest " Chairman Lacey asked, "When we talk about the Permit for - on premises, do you know if there is going to be a Fee associated with that Permit?" Mr. Baker replied, "There is a Fee established for any sign, I believe over six (6) square feet." Mr. Baker read Section 16-54. (9) of the City Code to those in attendance. Captain Glenn Tolleson, Code Enforcement Bureau, Police Department: spoke on Permits, Signage, and Right-of--Ways. .. _ -~ CITY OF WINTER SPRINGS, FLORIDA UNAPPROVED MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING -MARCH 4, 2009 PAGE 6 OF 6 Chairman Lacey opened the "Public Input"portion of this Agenda Item. Ms. Frankie Elliott, 1330 Lee Road, Orlando, Florida: spoke on behalf of the Orlando 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, (6), Ms. Elliott recommended there be an Appeal process. Mr. Tom Waters 1033 Antelope Trail, Winter Springs, Florida: addressed the Board Members and spoke about illegal signage. Captain Tolleson spoke about Citations and stated, "We do take an active approach on the Right-of-Ways." Ms. Linda E. Biller, 301 West State Road 434, Winter Springs, Florida: spoke to the Board Members about temporary Banners and Signs and recommended that her business is seasonal and thought that the regulation could be expanded for added exposure. Discussion. Chairman Lacey closed the "Public Input" portion of this Agenda Item. Tape I/Side B Mr. Stevenson stated, "We will revisit this, Mr. Chairman, at your request and the direction of this Board with the City Attorney to try to clarify that language and to also look at the Banners." Mr. Stevenson then added, "There are obviously some seasonal businesses that have to make probably the great majority of their income during certain seasons." Further discussion ensued on Banner Signs. With additional comments, Mr. Stevenson stated, "If it is your direction that we address this - I think our intention is to get back with the City Attorney and draft said language." Vice Chairman Poe asked, "Is the Staff still seeking Approval of this with those caveats or conditions?" Mr. Stevenson replied, "If your Motion is to Approve the language in front of you with the additional condition that Staff work with the Attorney to draft language to address the situation -the inequity in the signage for retail versus businesses along [State Road] 434, we can take it from there." CITY OF WINTER SPRINGS, FLORIDA UNAPPROVED MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING -MARCH 4, 2009 PAGE 7 OF 7 Furthermore, Vice Chairman Poe stated, "That is the intent of my Motion." Mr. Stevenson replied, "Your direction gives us the ability to go back and continue our discussions with the City Attorney." Mr. Stevenson then added, "If we do make these changes, I believe we have to bring them back to the LPA (Local Planning Agency) before we proceed to the Commission." Ms. Sahlstrom pointed out, "I would ask the LPA (Local Planning Agency) what their direction is on that." Chairman Lacey stated, "We have been sufficiently vague about what the outcome is going to be that I do not know what the recommendation would actually look like, so I would like to see it come back." Next, Vice Chairman 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 Poe asked, "Would then our next Meeting of April the 1st [2009] be - at least that much time." "I MOVE THAT [AGENDA] ITEM `501' BE APPROVED WITH THE STATEMENTS MADE BY RANDY STEVENSON -DATE CERTAIN OF APRIL THE 1s~ 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 COMMERCIAL BE ADDRESSED BY STAFF AND FINAL APPROVAL TABLED UNTIL THE MEETING OF APRIL 1sT [2009] TO BE BROUGHT BACK TO PLANNING AND ZONING [BOARD/LOCAL PLANNING AGENCY]." MR 5TEVENSON ADDED, "BETWEEN RETAIL AND GENERAL BUSINESS." CHAIRMAN LACEY REPLIED, "RIGHT." VOTE: BOARD MEMBER REVICZKY: AYE CHAIRMAN LACEY: AYE BOARD MEMBER HEATWOLE: AYE VICE CHAIRMAN POE: AYE MOTION CARRIED. ATTACHMENT C a~i'Y ~ N-WTFR SPRINGS, FLORIDA MINUTE.4 PLANN>aVG AND Z~OlOIM~ ~QA~IIACAL PLANNING AGENCY REGULAR MBEPIIVG -APRIL 1.2009 PAGE 2 OF 12 CONSBNf 202. Offiice Of The City Clerk Approval Of The March 10, 2009 Special Meeting Minutes. No discussion. KMOVE TO APPROVE. THE MINUTES [CONSENT AGENDA] AS CIRCULATED." MOTION BY VICE CHAIRMAN POE. SECONDED BY BOARD MEMBER KARR. DISCUSSION. VOTE: CHAIR1biAN LACEY: AYE BOARD MEMBER REVICZKY: AYE VICE CSAIRNIAN POE: AYE BOARD MEMBER KARR: AYE MOTION CARRIED. AWARDS AND PRESENTATIONS AWARDS AND PR&SENTATIONS Sao. Not used. 400. REPORTS PUBLIC INPUT No one spoke. PUBLIC HEARINGS AGENDA PUBLIC HBABIIYGS 500. Office Of The City Attorney And Community Development Department Request The LPA (Local Planning Agency~lP&Z (Planning Aad Zoning Bose d) To Remove I•Yom The Table And Then Discuss To Hold A Pablo Hearing Related To Ordinance No. (Number) 2009-03, Amending Chapters 16 And 20 Of The City Code, As They Relate To The Signage. 0 C Chairman Lacey asked, "Do I have a Motion to Remove this from the Table?" CrfY OF WQd7'ER SPRINGS, FLORIDA MINUTES PLANNING AND ZONING BOARDJ[ACAL PLANNING AGENCY REG(JL.AR MEETING - APRII.1, 2009 PAGE 3 OF 12 DSO MOVED TO REMOVE IT FROM THE TABLE." MOTION BY VICE CHAIRMAN POE. SECONDED BY BOARD MEMBER REVICZKY. DISCiJSSION. VOTE: BOARD MEMBER REVICZKY: AYE CBf~~IItMAN LACEY: AYE VICE CHAIRMAN POE: AYE BOARD MEMBER KARR: AYE MOTION CARRIED. Mr. John Baker, AICP, Senior Planner, Community Development Department presented this Agenda Item and stated, "At the last Meeting you had asked me a question about the Fees for the different signs. The City Resolution (Number) 2001-45 'does set forth the Fees that the City assesses for signage. The cost for a Banner is thirty dollars ($30.00); for other signs, there is a minimum of forty-five dollars (545.00) and it is evaluated at twelve dollars ($12.00) per thousand and the building plans Review Fee is half of the Permit Fee." Continuing, Mr. Baker added, `Where were several that we put forward last time that I tried to address in the page two (2) of your Agenda Item -the people from the Realtor's Association were concerned about limiting the distance to half mile from the home that is being sold and -you have a copy of the email that I received from them this afternoon on the dais. The Attorney (Anthony A. Garganese) - I forwarded that to him, the results of their verbal comments at the last Meeting and he replied, `The half mile will run from a common area of the HOA (Homeowner's Association) because the common area will be treated as on premise'. And then he further added, that if we need to clarify that, we ~» Furthermore, Mr. Baker stated, "The other one was the length of time for commercial banners and I note that we had had a lot of requests about commercial banners, but I do not believe we had one request since this Ordinance has been in effect for a banner in a residential neighborhood." Mr. Baker added, "Staff talked it over and we feel that forty- five (45) days given the cost of constructing the banner, the cost of permitting the banner, forty-five (45) days is a reasonable amount of time, so we do recommend making that a little bit longer." Mr. Baker then stated, "The other one (1) is the lady came hero from the Tax office down here on (State Road) 434. She is only allowed to have a two (2) square foot sign whereas a retail establishment can have a sign two feet (2~ tall times seventy percent (70%) of whatever her storefront area. would be." Continuing, Mr. Baker said, "We recommend that offices be treated the same as retail; that just seems fair to us. 0 C t~ t~ C1TY OF WINTER SPRINGS, FIARIDA MAIiTIES PLANNIIYG AND ZONING BOARD/I.OCAL PLANNING AGENCY RBGULAR MEEra1G - APRQ.1.2009 PAGE 4 OF 12 There is one (1) other item that came up in the discussion that I forgot to include in the Agenda Item and ..that is, you could very conceivably have and some of our Staff people have seen this, some very strategically located corners that could just get loaded up with these signs like the realtor folks are asking for. We do not think that is a good thing to have. We recommend limiting, keeping the limit on those residential lots to four (4) signs. That way, we feel that we have some order there." With further discussion, IVir. Baker added, "In terms of the Realtor's request to extend the time that the signs can be up from thirty (30) to forty-five (45) days, we do not see a problem with that." Lastly, Mr. Baker commented, "We do recommend this going forward to the City Commission, but with those recommendations." To clarify Mr. Baker's statement, Vice Chairman William H. Poe asked, "I thought you had the sighs at thirty (30) days, but you are telling me now that you are willing to go to forty-foe (45) [days]?" Mr. Baker replied, "Yes -the Attorney's office did not revise the Ordinance. We are making these recorllmeadations for him to make those changes before it goes to Commission." Discussion ensued on Banners. Chairman Lacey opened the "Public Input"portion of this Agenda Item. Mr. Greg Goodenbury, 380 West State Road 434, Winter Springs, Florida: addressed the Board Members regarding signage for his business and has eoncxrns on the size. A photograph of the signage was shown. Mr. Randy Stevenson, ASLA, AICP, Director, Community Development Department stated, "I think it would be appropriate at this point, to instruct Staff to work on this language before we take it to the Commission. Now, my question to you is, as we craft langua,ge~, does - P And Z/LPA (Planning And Zoning Board/Local Planning Agency) want to see this again prior to taking it to the Commission, because it would be a new language that we do not have in your current draft" Chairman Lacey replied, "I think we would`like to have it come back to us. What would be the suggested changes that would accommodate this? Do you agree that those renditions are - acxurate, based upon current Code and what he would be allowed to do?" IVIr. Stevenson replied, "This is the fast time I have seen it tonight, but I have no reason to doubt it " Continuing, Mr. Stevenson added, "What we are trying to do, even before we finish the Comp[rehensive] Plan issues and we are trying to segregate them -there are a lot of issues drat we deal with on a daily basis that makes sense to us, but for which we have yet to be able. to Amend the Code, so we would like to do this in big sections - so we do not have to do so many of them: ' Mr. Stevenson then added, "If we caa incorporate this and bring this back to you - it is probably the most expedient route and that way we can address many of the sign issues that we have." ~~ _~_ _ _....., . :_~.,_~~w~ .~._. CLI'Y OF WINTER SPRINGS, FLORIDA MIIQ[TfES PLANIlVING AND ZONING BOARWI.OCAL PLANNING AGENCY REGULAR MEETING - APRII.1, 2009 PAGE S OF 12 Mr. Baker asked, "You would want to postpone it again to a Time Certain? Mr. Stevenson replied, "Absolutely." Mr. Baker commented, "To preserve the advertising." Discussion. to Board Member Justin C. Reviczky stated, "Point of Order" to close Public Input. i"~ Vice Chairman Pce asked, "Can you pinpoint a date Randy [Stevenson] that would be ~ acceptable to give Staff sufficient time to work on the verbiage for this?" Mr. Stevenson ~~ replied, "I believe we had discussed the next Regular Meetiag on May 6~ [2009] " Chairman Lacey closed the "Public Input"portion of this Agenda Item. KI WOULD LIIQ~, TO TABLE ITEM `500' UNTII. MAY 6~ [2009] TO PROVIDE STAFF AN AMPLE OPPORTUNITY TO INCLUDE THE LANGUAGE THAT WE WANT TO HAVE INCLUDED IN THIS IT +'M:' MOTION BY VICE CHAIRIVIAIIT POE. SECONDED BY BOARD MEMBER REVICZKY. DISCUSSION. VOTE: BOARD MEMBER KARR: AYE BOARD MEMBER REVICZKY: AYE CHAIRMAN LACEY: AYE VICE CEL~IRMAN POE: AYE MOTION CARRIED. REGULAR AGENDA REGULAR 600. Community Devebpment Department - Planning Division Requests That The Local Planning Agency Review, Comment And Make Recommendation To The City Commission On The Draftt Fature Land Use Element. Ms. Eloise Sahlstrom, AICP, ASLA, Senior Planner, Community Development Department presented the Future Land Use Element Draft and stated, `"The Goal for `Quality of Life'; it has been rewritten. I think it is much clearer and addresses more things" Ms. Sahlstrom commented, "We added Policy 1.1.6: which is related to the Accessory Dwelling Units: ' ATTAC~iMENT D CrIY OF WINTER SPRINGS, FLORIDA UNAPPROVED MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING -MAY 6, 2009 PAGE 4 OF 8 Chairman Lacey opened the "Public Input"portion of this Agenda Item. No one spoke. Chairman Lacey closed the "Public Input" portion of this Agenda Item. ~~I RECOMMEND APPROVAL OF ORDINANCE 2009-07 AS PRESENTED BY CAPTAIN TOLLESON." MOTION BY VICE CHAIRMAN POE. SECONDED BY BOARD MEMBER HEATWOLE. DISCUSSION. VOTE: BOARD MEMBER KARR: AYE BOARD MEMBER REVICZICY: AYE CHAIRMAN LACEY: AYE VICE CHAIRMAN 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. • • AGENDA NOTE: THE FOLLOWING PUBLIC HEARINGS AGENDA ITEM "503" WAS HEARD NEXT, FOLLOWED BY THE REST OF THE AGENDA, AS DOCUMENTED. • • PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 503. Community Development Department ADD-ON Office Of The City Attorney And Community Development Department Request The LPA (Local Planning Agency)/P&Z (Planning And Zoning .Board) To Remove From The Table And Then Discuss To Hold A Public Hearing Related To Ordinance No. (Number) 2009-03, Amending Chapters 16 And 20 Of The City Code, As They Relate To The Signage. Mr. John Baker, AICP, Senior Planner, Community Development Department presented this Agenda Item and stated, "We recommend first that you Remove it from the Table for discussion." "I MOVE THAT WE REMOVE ITEM `503' FROM THE TABLE." MOTION BY BOARD MEMBER KARR. SECONDED BY VICE C1H[~~IRMAN POE. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA UNAPPROVED MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING -MAY 6, 2009 PAGE 5 OF 8 VOTE: BOARD MEMBER REVICZKY: AYE CHAIRMAN LACEY: AYE BOARD MEMBER HEATWOLE: AYE BOARD .MEMBER KARR: AYE VICE C)H[AIRMAN POE: AYE MOTION CARRIED. Mr. Baker presented this Agenda Item and read various excerpts from the Ordinance. Tape 1/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. Frankie Elliott, 1330 Lee Road, Orlando, Florida: spoke on behalf of the Orlando Realtor's Association and was in favor of this Ordinance. Ms. Elliott asked for clarification on Permitting and Fees. Discussion. Mr. Stevenson stated, "Relative to and I believe you said, `Can a Broker get a Permit for his or her office and then have the Agents use those signs'? I do not necessarily see a problem with that, as long as the Permit is received." Continuing, Mr. Stevenson replied, "Let me clarify that." Mr. Stevenson added, "Seeking direction from the Board tonight, we could make that clarification prior to going to the Commission that it would be as Frankie (Elliott) requested issued to each individual -resident. We can clarify that language again if it is the wishes of the Board before we take it forward to the Commission." Furthermore, Mr. Stevenson stated, "We got it for individual property whether it is commercial or residential and we still limit that to twice per year." Ms. Elliott stated, "Your Staff has been absolutely wonderful to work with." Chairman Lacey closed the "Public Input"portion of this Agenda Item. CITY OF WINTER SPRINGS, FLORIDA UNAPPROVED MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING -MAY 6, 2009 PAGE 6 OF 8 "I WOULD LIKE TO RECOMMEND APPROVAL OF DRAFT ORDINANCE 2009-03 AS REVISED THIS EVENING INCLUDING THE LANGUAGE ADDING THE WORDS `FOR ANY INDIVIDUAL PROPERTY' TO SUBPARAGRAPH (6) ON PAGE 5." MOTION BY VICE:.. CHAIRMAN POE. SECONDED BY BOARD MEMBER REVICZKY. DISCUSSION. VOTE: BOARD MEMBER KARR: AYE VICE CHAIRMAN POE: AYE CHAIRMAN LACEY: AYE BOARD: MEMBER HEATWOLE: AYE BOARD!`MEMBER REVICZKY: AYE MOTION CARRIED. PUBLIC HEARINGS 502. Community Development Department Requests That The Local Planning Agency Hold. A Public Hearing On Amendments To The Comprehensive Plan Based On The 2008 Evaluation And Appraisal Report (EAR) And After Considering Public Comment, Make. Recommendation To The City Commission Regarding Transmittal Of The Proposed EAR-Based Amendments [Ordinance 2009-08] To The State Department Of Community Affairs For Review. Ms. Eloise Sahlstrom, AICP, ASLA, Senior Planner, Community Development Department presented this Agenda Item and distributed to the Board Members the Future Land Use Map (PLUM) Amendments. Ms. Sahlstrom stated, "On the disk that you received, the Recreation [and Open Space] Element and Transportation Element had some major formatting problems. Those have been corrected." Continuing, Ms. Sahlstrom then added, "Our EAR (Evaluation and Appraisal Report) will not be adopted until December [2009] -the process right now, we are looking to do a Transmittal as required by the State. So, this Public Hearing is for the Transmittal. The Commission will decide on May 26~' [2009] whether they are ready to Transmit it to the State and then the State has sixty (60) days to provide us with their response. They will provide us with what is called an ORC (Objections, Response and Comments) Report and then we are required to comment on those comments and we have a period of time to do so."