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HomeMy WebLinkAbout2009 04 01 Public Hearing 500 Ordinance Number 2009-03 Amending Chapters 16 and 20 of the City CodeLPA/P&Z AGENDA ITEM 500 Consent Information Public Hearin X Re ular April 1, 2009 Meeting DEPT REQUEST: The City Attorney's Office 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. 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 Planning and Zoning Board hold a Public Hearing on an ordinance to modify the City's sign regulations, which were comprehensively amended in 2006 for conformance with the outcome of recent court cases, to make these sign regulations more conducive to effective business communication of products and services. APPLICABLE LAW AND PUBLIC POLICY: Section 2 (b) Article VIII, of the State Constitution. Chapter 166, Florida Statutes. Winter Sprin s 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 April 1, 2009 Public Hearing Item 500 Page 2 "temporary sign," clarifies the removal requirements for temporary "on-premise" signs advertising products and services, and adds language to ensure that each tenant in a multi- tenant commercial property has the ability to place one "on-premise" temporary sign. March 4, 2009 LPA/P&Z: At the March 4, 2009 LPA/P&Z meeting, additional signage issues were addressed: (1) the one half mile limit from the activity, (2) commercial banner sign permit duration, and (3) the difference between allowable building-mounted multiple tenant signage for buildings with separate entrances within the SR 434 Redevelopment (see also New Development) Overlay Zoning District. Areal estate representative questioned whether or not the one-half mile rule were too stringent, given that a home might be more than one half mile within a subdivision. In response to this concern, the City Attorney's office 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 calendar year. 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 calendar year. This banner in residential zoning provision has not been an issue. Applicants for commercial banners have complained that the expense and effort obtaining a banner permit is difficult to justify for this limited time the banner may legally be in place. The board may decide to include banners in its recommendation to the City Commission. Staff recommends 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. Also, at that meeting, an established local business owner came forward to address the existing provisions of Subsection 20-486 (3) (h) of the City Code (SR 434 Redevelopment Overlay Zoning District), which restricts building-mounted signage for buildings with separate exterior tenant entrances to only two (2) square feet for office (regardless of the office frontage), while allowing a retail use in the same building to provide signage that is 2 feet tall x 70 percent of the linear feet of storefront the business occupies. Staff recommends 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. 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. Page 2 April 1, 2009 Public Hearing Item 500 Page 3 • The request is in keeping with Article VIII, Section 2(b) of the State Constitution. • The goals of this request are unrelated to the suppression of free speech. • Aesthetic interests are a legitimate basis for regulating signage. RECOMMENDATION: The City Attorney and staff recommend that the LPA (Local Planning Agency)/P&Z (Planning and Zoning) Board remove Ordinance No. 2009-03 from the table, hold a public hearing for Ordinance 2009-03, and recommend approval, subject to the three (3) staff recommendations set forth above. ATTACHMENTS: A. Draft Ordinance No. 2009-03 B. Section 16-87 C. Subsections 20-470 (3) and 20- 486 (3) D. Draft Minutes of March 4, 2009 LPA/P&Z PLANNING & ZONING ACTION: Page 3 ATTACHMENT A DRAFT: 2/13/2009 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 DEFINITIONS; AMENDING PROVISIONS REGARDING TEMPORARY SIGNS; 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 fords 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 winds, while at the same time balancing the need to promote economic development and the business interests of the community; and City of Winter Springs Ordinance 2009-03 Page 1 of 6 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 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 striiccottt 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 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 City of Winter Springs Ordinance 2009-03 Page 2 of 6 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. In addition to any other applicable provision of this article and code, the following minimum standards shall apply to all temporary signs: City of Winter Springs Ordinance 2009-03 Page 3 of 6 (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 properly 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 adiacent 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 premise signs maybe erected upon issuance of a permit by the city, provided the temporary off-premise sign(s) meets the following conditions: City of Winter Springs Ordinance 2009-03 Page 4 of 6 (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-half ('/z) 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 Ci (3) The property owner on which the sign will be erected has consented to the placement of the si (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 under this subsection shall have a maximum duration of thirty (30) calendar days If the permit is for purposes of promoting a specific activity or event, there shall be a maximum one permit limit for each activity or event, provided however, there shall also be a two permit limit per calendar 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. Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances andresolutions adoptedbythe CityCommission, orparts ofprior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 4. 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 changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and like errors maybe corrected and additions, alterations, and omissions, not affecting the construction or meaning of this ordinance and the City Code maybe freely made. Section 5. 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 6. 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 City of winter Springs Ordinance 2009-03 Page 5 of 6 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 6 of 6 ATTACHMENT B § 16-77 WINTER SPRINGS CODE or by changing the display mechanism to permit the display of multiple signs on a single sign face. From and after the effective date of this Ord. No. 2001-50, no sign face on an existing structure may be increased in size and the orientation of each sign face located upon an existing structure may not be changed. (h) Except for an existing structure which is non-conforming (which cannot be replaced), an effisting structure damaged or destroyed by flood, fire, earthquake, waz, riot, act of God or other similar casualty loss may be reconstructed in the same location with the same (or smaller or fewer, as the case maybe) size and number of sign faces. An existing structure may not be relocated to another location. (i) Except as specifically authorized by permit issued by the State of Florida Department of Transportation or as required by specific state statute, no trees or vegetation shall be removed or trimmed from the property upon which an out- door off-premises sign is located or from property adjacent thereto in order to enhance the visibility of the outdoor off-premises sign. (j) In connection with any off-premise signs which aze erected or constructed in violation of the provisions of this section, each day that said sign remains erected in violation of this section shall constitute a separate violation and each person responsible for erecting or constructing such off-premise sign, including but not limited to the real property owner, shall pay the city a penalty of five hundred dollars ($500.00) per day until the off-premise sign is removed. (Code 1974, § 5-113(b); Ord. No. 2001-50, § 2, 10-22-O1; Ord. No. 2006-18, § 2, 10-23-06) Sec. 16-78. Same-On-premises signs. (a) Any outdoor advertising display/billboazd on-premises sign attached to a building shall have a total allowable copy area, of one (1) square foot for each lineal foot of store frontage. (b) Such signs not attached to a building shall be placed not less than twenty-five (25) feet from any intersection, with a maximum copy area of thirty-two (32) squaze feet on each side. Double- sided or "V" signs aze permissible provided they are constructed with an inner angle not to exceed thirty (30) degrees. The maximum height of a sign shall not exceed twelve (12) feet unless otherwise expressly provided in this article. (c) Signs not attached to a building, proposed as part of a development plan, may be reviewed and approved at the applicant's request in con- junction with the city's site plan and sign permit review process. If the sign is not proposed during the site plan review process, a sepazate sign permit application shall be required under this article. (Code 1974, § 5-113(c); Ord. No. 2006-18, § 2, 10-23-06) Sec. 16-79. Supplemental sign regulations. All signs shall also comply with other applica- ble supplemental sign regulations including, but not limited to, the S.R. 434 Corridor Regulations, lbwn Center District Code, and Minimum Com- munity Appeazance and Aesthetic Review Stan- dazds set forth in section 9-600 et seq. (Ord. No. 2006-18, § 2, 10-23-06) Secs. 16-80-16-84. Reserved. Editor's note-Ord. No. 2006-18, § 2, adopted Oct. 23, 2006, repealed former §§ 16-80-17-84 in their entirety. These former sections derived from the Code of 1974 and respectively pertained to political signs, construction signs, real estate signs, garage sale signs and directional signs. Sec. 16-86. Bench signs. A franchise agreement between the city and the applicant shall be required before bench signs are permitted to be installed. Bench signs aze permitted subject to the terms and conditions of such franchise agreement. (Code 1974, § 5-113(j)) Sec. 16-86. Reserved. Editor's note--0rd. No. 2006-18, § 2, adopted Oct. 23, 2006, repealed former § 16-86 in its entirety which pertained to identification signs and derived from the Code of 1974. 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 yF9F Supp. No. 10 1052 SIGNS AND ADVERTLSING banner does not exceed sixty-four (64) squaze feet and is not erected for more than fourteen (14) calendaz days during any one calendar yeaz. A maximum of one (1) on-premises banner sign may erected on property zoned residential provided the banner does not exceedtwenty-four (24) squaze feet and is not erected for more than three (3) calendar days during anyone calendar yeaz. All banner signs shall be securely fastened to a structure in a manner to withstand weather ele- ments commonly experienced by the city. (Code 1974, § 5-113(1); Ord. No. 2006-18, § 2, 10-23-06) Sec. 16-88. Weather. All nonpermanent signs shall be moved to a secure location upon a warning of high winds or hurricane by the National Weather Service. (Code 1974, § 5-116) Sec. 16-89. Enforcement. (a) Removal of signs. Private signs on public property or public rights-of--way may be removed by the city or its agents without notice to the sign owner. (b) Should any sign be in danger of falling, or otherwise unsafe in the opinion of the code en- forcement officer or the building official, the owner thereof, or person maintaining the sign, shall, upon receipt of written notification from the build- ing official or code enforcement officer, immedi- ately secure the sign, cause it to be placed in good repair or remove the sign. (c) Removal of illegally erected signs. The owner, owner's agent, or person in control of any property where an illegally erected sign is located shall have the sign immediately removed. (d) Termination of unlawful illumination. Upon receipt of written notification by the code enforce- ment officer or building official that a sign is illuminated in violation of this chapter, the owner, owner's agent, or person in control of the pre- mises, shall immediately terminate the prohib- ited illumination of such sign. (e) Emergencies. In the case of emergency sit- uations. the city manager or the city manager's designee is hereby authorized to take such steps Supp. No. 10 § 16-92 that may be necessary to secure or remove signage that poses a threat to the public health, safety, and welfare. (Ord. No. 2006-18, § 2, 10-23-06) Sec. 16-90. Implied consent. Any person applying for, and the property owner upon which the sign will be erected, and receiving a permit for any sign hereby consents to the following: (1) Consents to complying with all provisions of this Code: and (2) Consents for city officials to come on pri- vate property to inspect all signage and to remove illegally erected signs upon rea- sonable advanced notice by the city. (Ord. No. 2006-18, § 2, 10-23-06) Sec. 16-91. Viewpoint neutral. Notwithstanding anything in this chapter or code to the contrary, no sign or sign structure shall be subject to any limitation based upon the content (viewpoint) of the message contained on such sign or displayed on such sign structure. (Ord. No. 2006-18, § 2, 10-23-06) Sec. 16-92. Severability. (a) General If any part, section, subsection, paragraph,subparagraph, sentence, phrase, clause, term, or word of this article or any other supple- mental sign regulation set forth in section 16-79 is declared unconstitutional by the valid judg- ment or decree of any court of competent jurisdic- tion, the declaration of such unconstitutionality shall not affect any other part, section, subsec- tion, paragraph, subparagraph, sentence, phrase, clause, term, or word of this article or any other supplemental sign regulation. (b) Severability where less speech results. With- out diminishing or limiting in any way the decla- ration of severability set forth above in subsection (a), or elsewhere in this article or any other supplemental sign regulation set forth in section 16-79, this article or any supplemental sign reg- ulation, or any adopting ordinance thereof, if any part, section, subsection, paragraph, subpaza- graph, sentence, phrase, clause, term, or word of 1053 ATTACHMENT C ZONING Building Size (Gross Floor Anchor Tenant Additional Area) Sign Over 250,000 square feet An anchor tenant is defined as the major retail store(s) in a center that is/aze in excess of one hundred (100) front feet and a min~*-~um area often thousand (10,000) squaze feet. (2) Ground mounted single-tenant sign: One (1) wide-based monument style, perma- nent sign shall be permitted per single- tenant pazcel. One additional permanent wide-based monument style sign may be permitted for parcels in excess of one (1) acre with more than one (1) ingress/ egress serving more than one (1) building. The minimum separation for all signs on an individual ownership parcel shall be two hundred (200) feet. a. Shall only be reserved for the tenant's on premises use. b. Shall be located no closer than fif- teen (15) feet from the front, side or reaz property lines. c. Shall not exceed two (2) faces. d. Sign copy azea shall not exceedthirty- two (32) squaze feet per face. For pazcels in excess of 4.0 acres, the project identification sign face may be increased to forty-eight (48) square feet. e. Shall be consistent in design, format and materials with the architecture of the proposed building. f. The sign shall not be more than eight (8) feet in height above the closest driveway or vehiculaz use azea. g. Signs shall be in an enclosed base that is at a minimum the full width of the sign. Landscaping shall be incorporated azound the base to in- cludelow growing shrubs and ground coverand/or annuals to promote color. 4 of 12 squaze feet § 20-470 (3) Building mounted multi-tenant identifica- tion sign for buildings with separate exte- rior tenant entrances: In addition to the ground mounted identification sign, ten- ant signs shall be permitted on the exte- rior walls of the building at a location neaz the principal tenant entrance, and be consistent with the following criteria: a. Shall be limited to one sign per ten- ant for on-premises use. b. The sign(s) shall be clearly inte- grated with the architecture of the building, and shall be consistent in design, format, and materials with the architecture of the proposed build- ing. 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 back- grounds, shall be twenty-four (24) inches in height for individual ten- ants other than anchor tenants. The maximum height of letters and logos for anchor tenants in a retail center shall not exceed twenty-five (25) per- cent of the building height. An an- chor tenant is defined as the major retail store(s) in a center that is/aze in excess of one hundred (100) front feet and a minimum azea of ten thousand (10,000) square feet. Supp. No. 10 1385 § 20-470 WINTER SPRINGS CODE g. The length of the sign may occupy up to seventy (70) percent of the linear feet of the storefront the busi- ness occupies. The anchor tenant may have the signage permitted for a building mounted single tenant identification sign. • h. For office buildings without separate exterior tenant entrances, one wall sign not exceeding two (2) square feet shall be permitted identifying each individual tenant. The sign shall be located adjacent to the building entrance. (4) Building mounted single tenant sign: In addition to the ground-mounted sign, a building mounted sign may be permitted consistent with the following criteria: a. Shall be reserved for one (1) tenant's on-premises use. b. The sign is located on the exterior wall of a building. c. The sign shall be consistent in de- sign, format and materials with the architecture of the proposed build- ing. d. The sign shall not either project above any roof or exceed the height of four- teen (14) feet. e. The sign shall display only one (1) surface and shall not project more than twelve (12) inches from any wall. f. Signs shall conform to the following schedule: Building Size (Gross Floor Area) Less than 50,000 square feet 50,000 to 100,000 square feet Over 100,000 square feet Max. Copy Area Max. Letter Height 16 square feet 32 square feet 48 square feet 2 feet 25% height of building 25% height of building (5) Reserved (6) Reserved. (7) Changeable copy signs. In order to create continuity throughout the corridor all changeable copy signs shall be as follows: a. The sign cabinet shall be all alumi- num extrusion or better as approved by staff. Changeable copy signs may be incorporated into permitted signs and shall be included as part of the permitted sign azea as described be- low: 1. Changeable copy signs shall not comprise more than twenty- five (25) percent of the permit- ted sign area. (8) Backlit signs: Backlighting of signs shall be permitted, provided that should neon lighting be utilized the neon tubing shall not be exposed. (9) Permanent f lags: The following standards shall apply to permanent flags: a. One (1) flagpole may be permitted per parcel. b. The maximum width from top to bottom of any flag shall be twenty (20) percent of the total distance of the flag pole. c. Flagpoles shall maintain the same setback requirements tenant monu- ment signs. Supp. No. 10 1386 § 20-486 Building Size (Gross Floor Area) Over 250,000 square feet WINTER SPRINGS CODE Maximum Copy Area 64 square feet Maximum Height 16 feet h. Multi-tenant centers are permitted one additional signs for each anchor tenants according to the following schedule: Building Size (Gross Floor Area) Under 75,000 square feet 75,000-250,000 square feet Over 250,000 square feet An anchor tenant is defined as the major retail store(s) in a center that is in excess of one hundred (100) front feet and a minimum area of ten thousand (10,000) square feet. (2) Ground mounted single-tenant sign: One (1) wide-based monument style perma- nent sign shall be permitted per single- tenant parcel. One additional permanent wide-based monument style project iden- tification sign may be permitted for par- cels in excess of one (1) acre with more than one (1) ingress/egress serving more than one (1) building. The minimum sep- aration for all signs on an individual ownership parcel shall be two hundred (200) feet. a. Shall only be reserved for the tenant's on-premises use. b. Shall be located no closer than ten (10) feet from the front, side or rear property lines. c. Shall not exceed two (2) faces. d. Sign copy area shall not exceedthirty- two (32) square feet per face. For parcels in excess of four (4.0) acres, the sign face may be increased to forty-eight (48) square feet. e. Shall be consistent in design, format and materials with the architecture of the proposed building. Anchor Tenocnt Additional Sign 2 of 12 square feet 3 of 12 square feet 4 of 12 square feet £ The sign shall not be more than eight (8) feet in height above the closest driveway or vehicular use area. g. Signs shall be in an enclosed base a minimum width of two-thirds (~/s) the width of the sign. Landscaping shall be incorporated around the base to include low growing shrubs and ground cover and/or annuals to pro- mote color. (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 princi- pal 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 inte- grated with the architecture of the building. Shall be consistent in de- sign, format, and materials with the architecture of the proposed build- mg. 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. Supp. No. 10 1398 ZONING § 20-486 When more than one (1) tenant sign e shall be permitted for an individual . is used on one (1) building, all tenant tenant. The sign shall be located signage shall be consistent in size, adjacent to the building entrance. materials, and placement. (4) Building mounted single tenant sign: In The maximum size of sign letters f addition to the ground-mounted sign, a . and logos, including any sign back- building mounted sign may be permitted grounds, shall be twenty-four (24) consistent with the following criteria: inches in height for individual ten- a. Shall be reserved for one (1) tenant's ants other than anchor tenants. The on-premises use. maximum height of letters and logos b. The sign is located on the exterior for anchor tenants in a retail center wall of a building. shall not exceedtwenty-five (25) per- The sign shall be consistent in de- c cent of the building height. An an- . format and materials with the sign chor tenant is defined as the major , architecture of the proposed build- retail store(s) in a center that is in excess of one hundred (100) front inimum area of ten d mg• The sign shall not project above any d a m feet an thousand (10,000) square feet. . roof or canopy elevations, and the top of the sign shall not be higher g. The length of the sign may occupy than fourteen (14) feet above the up to seventy (70) percent of the main entry floor. linear feet of the storefront the busi- t The sign shall display only one (1) ness occupies. The anchor tenan have the signage permitted for ma e. surface and shall not project more y _ a building mounted single tenant than twelve (12) inches from any identification sign. wall. For office buildings, one wall sign . h £ Signs shall conform to the following . not exceeding two (2) square feet schedule: Building Size (Gross Floor Area) Max. Copy Area Max. Letter Height Less than 50,000 16 square feet 2 feet square feet 50,000 to 100,000 32 square feet 25 b dnng of h square feet Over 100,000 48 square feet il u 25% height of square feet building (5) Changeable copy signs: In order to create continuity throughout the corridor all changeable copy signs shall be as follows: a. The sign cabinet shall be all alumi- num extrusion or better as approved by staff. Changeable copy signs may be incorporated into permitted signs and shall be included as part of the permitted sign area as described be- low: 1. Changeable copy signs shall not comprise more than twenty- five (25) percent of the permit- ted sign area. (6) Backlit signs: Backlighting of signs shall be permitted, provided that should neon lighting be utilized the neon tubing shall not be exposed. Supp. No. 10 1399 ATTACHMENT D CITY OF WINTER SPRINGS, FLORIDA UNAPPROVED MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING -MARCH 4, 2009 PAGE 5 OF 5 "I MOVE THAT [AGENDA] ITEM `500' BE TABLED UNTIL THE MARCH 10TH, 2009 MEETING GIVING STAFF AN OPPORTUNITY TO CLEAN UP THE LANGUAGE." MOTION BY VICE CHAIRMAN POE. MR. STEVENSON STATED, "PLEASE BE AWARE THAT YOU WILL PROBABLY NOT SEE AN AGENDA ITEM UNTIL THAT NIGHT ON THI5 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 10TH [2009]?" 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 1/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 1St 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. STEVENSON ADDED, "BETWEEN RETAIL AND GENERAL BUSINESS." CHAIRMAN LACEY REPLIED, "RIGHT." VOTE: BOARD MEMBER REVICZKY: AYE CHAIRMAN LACEY: AYE BOARD MEMBER HEATWOLE: AYE VICE CH[~~IRMAN POE: AYE MOTION CARRIED. Planning & Zoning Board/Local Planning Agency Regular Meeting April 1, 2009 Public Hearing Agenda Item 500 This attachment was distributed to the Board Members by Mr. John Baker, Senior Planner, Community Development Department. John Baker From: Frankie Elliott [vpga@orlrealtor.com] Sent: Wednesday, April 01, 2009 11:45 AM To: John Baker Cc: evansgrove@bellsouth.net; Barbara Coy Subject: Sign Ordinance John, unfortunately I will not be able to attend tonight's meeting. However, I just wanted to remind you of my concerns regarding the proposed sign ordinance as currently written. Section 16-60 subsection g, 2 -page 5 of 6. Limiting the distance from the home to the sign to %:mile is too short. I understand the reason you would not want to allow for across the city, but can we not put a limit and just see how it goes? If, after the ordinance is implemented, there is a problem with the distance I will work with you on it. Section 16-60 subsection g, 6 -page 5 of 6. Do we need to limit the length of the permit to 30 days? Could we make it 45 days? Also, what are you looking at for a permit fee? Thanks again. And please let me know if you need anything further. Frankie Callen Elliott Vice President of Governmental Affairs Orlando Regional Realtor Association i33o Lee Road Orlando, Florida 3z8io Direct line: 4o7.5i3.7z76 Cell Phone: 4o7.z3o.8858 Fax:4o7.z93.6380 EMail: VPGA(a~Orlrealtor.com Adorable Kinders' .~• ,4 ~~ ` .a t~`• Adorable Kinders® z~ _._ _ __,