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HomeMy WebLinkAbout2009 05 06 Public Hearing 503 Ordinance 2009-03, Amending Code, Chapters 16 and 20 SignageLPA/P&Z AGENDA ITEM 503 May 6, 2009 Meeting Consent Information Public Hearin X Re ular 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 Springs Charter, Section 4.15.Ordinances in General. Winter Sprints 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 May 6, 2009 Public Hearing Item 503 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 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 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. 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 are only allowed a 16 square foot building-mounted sign, whereas, a tenant in a multi-tenant building with separate entrances could have a building mounted sign that is lazger - in proportion to the business frontage on the adjacent roadway. Staff recommends this be modified to be equal for single and multi-tenant buildings with Page 2 May 6, 2009 Public Hearing Item 503 Page 3 separate entrances, in both the SR 434 New Development and Redevelopment 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. • 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 four (4) staff recommendations set forth above. 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 PLANNING & ZONING 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 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 expresslyprohibited 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 Ciry 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 Ciry's legitimate and substantial government interest in City of Winter Springs Ordinance 2009-03 Page 1 of 9 minimising 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 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: 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 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-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 nunirnum 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 suns shall be governed by the time limits set forth in subparagraph (~). (b) On property zoned residential or used for residential purposes, no temporary sign shall exceed six (6) square feet and the total number of temporary signs on any one residential property shall not exceed four (4). (c) On property zoned other than residential or used for non-residential purposes, no temporary sign shall exceed nine (9) square feet and the total number of temporary signs on any one non-residential property shall not exceed thirty-six (36) square feet. However, on property with multiple commercial tenants, each tenant may erect one 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. City of Winter Springs Ordinance 2009-03 Page 4 of 9 ~ Temporary oil 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 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 (%2) 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- premise 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 under this subsection shall have a maximum duration offorty-five (45) 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 yeaz 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 fnrntccn forty-five (i4~ calendar 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 exceed twenty-four (24) squaze 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 *** 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 strilceattt 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 mcdti=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 (l) 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 reta~i}-storc f sj in a center that is/are in excess of one hundred (100) front feet and a minunum 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. u '~a' - -. a ,.~„ .~ ~.~ .. •,. r., .,,~a;+;,,,, t •:, o V 0 0 'o'" 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 ' hall not exceed twenty-five (25) percent of the building height. An anchor tenant is defined as the major business retai~-store(sj-in a center that is 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. (4) Reserved. ~~~ 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 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 maybe 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 ATTACHMENT B CITY OF WINTER SPRINGS, FLORIDA UNAPPROVED MINUTES PLANNING AND ZONING BOARD/L.OCAL PLANNING AGENCY REGULAR MEETING -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 AWARE 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 [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, "T'here 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 COMMERCL~I, 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 CHAIRMAN POE: AYE MOTION CARRIED. ATTACHMENT C %TCY OF WINTER SPRINGS, FLORIDA MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING -APRIL 1, 2009 PAGE 2 OF 12 CONSENT 202. Office Of The City Clerk Approval Of The March 10, 2009 Special Meeting Minutes. No discussion. "MOVE TO APPROVE THE MINUTES [CONSENT AGENDA] AS CIRCULATED." MOTION BY VICE CI][AIRMAN POE. SECONDED BY BOARD MEMBER KARR. DISCUSSION. VOTE: CHAIRMAN LACEY: AYE BOARD MEMBER REVICZICY: AYE VICE CE[~~IRMAN POE: AYE BOARD MEMBER KARR: AYE MOTION CARRIED. AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 300. Not Used. 400. REPORTS PUBLIC INPUT No one spoke. PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 500. Office Of The City Attorney And Community Development Department Reqaest The LPA (Local Planning Agency)/P&Z {Planning And Zoning Board) To Remove From The Table And Then Discuss To Hold A Pablic Hearing Related To Ordinance No. (Nnmber) 2009-03, Amending Chapters 16 And 20 Of The City Code, As They Relate To The Signage. ~y s'L'~ s"~ aC"7~ Chairman Lacey asked, "Do I have a Motion to Remove this from the Table?" CTCY OF WINTER SPRINGS, FLARIDA MINU'T'ES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING -APRIL 1, 2009 PAGE 3 OF 12 "SO MOVED TO REMOVE IT FROM THE TABLE." MOTION BY VICE CI~[~~IRMAN POE. SECONDED BY BOARD MEMBER REVICZKY. DISCUSSION. VOTE: BOARD MEMBER REVICZKY: AYE CHAIRMAN 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 minunum of forty-five dollars ($45.00) 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, `"There were several that we put forwazd 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 can." 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 here 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. '.i ~,, ,., " t~ ~- CITY OF WDJTER SPRINGS, FIARIDA MDVrTrF.S PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING -APRIL I, 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 ~a have seen this, some very strategically located corners that could just get loaded up with these signs like the realtor folks aze 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, Mr. 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 signs at thirty (30) days, but you aze telling me now that you aze willing to go to forty-five (45) [days]?" Mr. Baker replied, "Yes -the Attorney's office did not revise the Ordinance. We are making these recommendations for him to make those changes before it goes to Commission." Discussion ensued on Banners. Chairman Lacey opened the "Public Input"portion of this Agenda Item. Mr. Greg Goodenbury, 380 West State Road 434, Winter Springs, Florida: addressed the Board Members regarding signage for his business and has concerns on the size. A photograph of the signage was shown. Mr. Randy Stevenson, ASLA, AICP, Director, Community Development Departrrlent 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 language, does - P And Z/LPA (Planning And Zoning Boazd/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 -accurate, based upon current Code and what he would be allowed to do?" Mr. Stevenson replied, "'This is the first time I have seen it tonight, but I have no reason to doubt it " 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 aze a lot of issues that we deal with on a daily basis that makes sense to us, but for which we have yet to be able to Amend the Code, so we would like to do this in big sections - so we do not have to do so many of them:' Mr. Stevenson then added, "If we can incorporate this and bring this back to you - it is probably the most expedient route and that way we can address many of the sign issues that we have." CTI'Y OF WINTER SPRINGS, FLARIDA MINU7'FS PLANNING AND ZONIIVG BOARD/I.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. Stevensan replied, "Absolutely." Mr. Baker commented, "To preserve the advertising." ~y Discussion. Board Member Justin C. Reviczky stated, "Point of Order" to close Public Input. s""~ s'° Vice Chairman Poe 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 Meeting on May 6~' [2009]." Chairman Lacey closed the "Public Input" portion of this Agenda Item. "I WOULD LIKE TO TABLE ITEM `500' UNTIL MAY 6Tn [2009] TO PROVIDE STAFF AN AMPLE OPPORTUNITY TO INCLUDE THE LANGUAGE THAT WE WANT TO HAVE INCLUDED IN THIS ITEM." MOTION BY VICE CHAIRMAN POE. SECONDED BY BOARD MEMBER REVICZKY. DISCUSSION. VOTE: BOARD MEMBER KARR: AYE BOARD MEMBER REVICZKY: AYE CE(t!~IRMAN LACEY: AYE VICE CHAIRMAN POE: AYE MOTION CARRIED. REGULAR AGENDA REGULAR 600. Community Development Department -Planning Division Requests That The Local Planning Agency Review, Comment And Make Recommendation To The City Commission On The Draft Future 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."