HomeMy WebLinkAbout2013 09 04 Public Hearing 500 Billboard Code RevisionsPLANNING & ZONING BOARD
AGENDA
ITEM 500
September 4, 2013
Meeting
Consent
Information
Public Hearing
X
Regular
REQUEST: The Community Development Department — Planning Division requests that the
Planning & Zoning Board consider Ordinance 2013 -11, which proposes to amend the City's
regulations regarding off - premises signs, commonly referred to as billboards.
SYNOPSIS: Section 16 -77 of the Code of Ordinances prohibits the construction of new billboards in
the City of Winter Springs. Section 16 -77 identifies an inventory of existing billboards that are
considered legal nonconforming structures. The billboards identified in this inventory cannot be
enlarged and can only be reconstructed in the same location with the same size and number of sign
faces provided they are damaged or destroyed by flood, fire, earthquake, war, riot, act of God or similar
casualty loss. The City has recently received a request to reconstruct a legally non - conforming
billboard into a digital billboard that will utilize electronic message display technology. Ordinance
2013 -11 proposes to amend Section 16 -77 to permit the reconstruction of billboards that are located
only along the US 17 -92 corridor into digital billboards which utilize electronic message display
technology.
CONSIDERATIONS:
APPLICANT AND PROPERTY INFORMATION:
• Applicant name and address and authorized representative: City of Winter Springs, 1126
East State Road 434, Winter Springs, FL 32708.
• Property owner's name(s): Not applicable
• Property addresses: Not applicable
• Property Parcel ID numbers: Not applicable
• Current FLUM Designations: Not applicable
• Current Zoning Designations: Not applicable
September 4, 2013
Planning & Zoning Board Agenda, Item 500
Page 2 of 5
•
Previously pproved Development permits such as conditional use, waiver, or variance (if
any): Not applicable
• Development Agreements (if any): Not applicable
• Pending Code Enforcement Actions (if any): Not applicable
• City Liens (if any): Not applicable
APPLICABLE LAW, PUBLIC POLICY, AND EVENTS
Florida Statutes 163.2511- 163.3246: (Provides that land development regulations for municipal
planning be consistent with the Comprehensive Plan).
Florida Statute 166.041 Procedures for adoption of ordinances and resolutions.
Winter Springs Charter Article IV. Governing Body.
Section 4.06. General powers and duties.
Section 4.15. Ordinances in General.
City of Winter Springs Comprehensive Plan
Winter Springs Code of Ordinances, Chapter 16 signs, Section 16 -77 - outdoor display /billboards -
off- premises signs prohibited
DISCUSSION:
Section 16 -77 of the Code of Ordinances was adopted by the City Commission in 2001. This section of
the Code prohibits the construction of new billboards in the City of Winter Springs. Section 16 -77
identifies an inventory of existing billboards that are considered legal nonconforming structures. These
billboards cannot be enlarged and can only be reconstructed in the same location with the same size
and number of sign faces if they are damaged or destroyed by flood, fire, earthquake, war, riot, act of
God or similar casualty loss. There are no provisions regarding permitting the reconstruction of
existing billboards into billboards that utilize newer technology, such as electronic message display
technology. Ordinance 2013 -11 proposes to amend Section 16 -77 to permit the reconstruction of
existing billboards that are located only along the US 17 -92 corridor into digital billboards which
utilize electronic message display technology. Currently, there are two existing billboards located on
U.S. 17 -92: 1) the southeast corner of the intersection of US 17 -92 and Shepard Road, and 2) the
recently approved Racetrac site, which permitted an existing billboard to be raised to a higher height
by an approved Annexation Agreement.
The City has recently received a request to reconstruct a legally non - conforming billboard into a digital
billboard that is located on the U.S. 17 -92 corridor. This billboard is proposed to be constructed to
utilize electronic message display technology. This billboard is located at the southeast corner of the
intersection of US 17 -92 and Shepard Road. It is currently held up by six (6) wooden poles and was
constructed prior to the advent of electronic message display technology. Upon meeting with the
applicant, staff explained that the billboard code prohibits the construction of new billboards, and the
reconstruction of existing billboards into digital billboards which utilize electronic message display
technology. In an effort to update the City's Code of Ordinances, staff is proposing Ordinance 2013 -11
to permit the reconstruction of existing billboards located only along the US 17 -92 corridor into new
digital billboards which utilize electronic message display technology.
September 4, 2013
Planning & Zoning Board Agenda, Item 500
Page 3 of 5
Billboards that are proposed for reconstruction along the US 17 -92 corridor will be required to submit
in writing a conversion request to the City for an informal and preliminary review to determine
whether the City desires to engage in more formal negotiations. If the City desires to engage in formal
negotiations, the owner will be required to execute an affidavit on a form that is prepared by the City
Attorney that states the owner agrees that future negotiations with the City are optional and at the sole
discretion of the City. Additionally, the owner agrees that the City is under no obligation to approve or
deny the request and the owner will hold harmless the City regarding any decision that is made by the
City related to the request. In the event the City Commission decides to approve an owner's conversion
proposal, the conversion shall be subject to the terms and conditions of a binding written agreement.
The following minimum technical display requirements shall apply to each billboard that utilizes
electronic message display technology unless the City Commission requires more restrictive
requirements by written agreement:
1. Display messages shall be static only. Such static images shall hold the display face for a minimum
of eight (8) seconds before transitioning to another static image.
2. Transitions from one static image to the next shall appear within three (3) seconds and shall not
have the appearance of flashing, flickering, blinking, pulsating animation or videos or varying light
intensity. Dissolving from one static image to the next within the three (3) second transition period
shall not constitute animation for purposes of this article.
3. The billboard shall come equipped with functioning automatic dimming technology which
automatically adjusts, at all times while the electronic message center is operating, the sign's
brightness in direct correlation with ambient light conditions.
4. No billboard shall be brighter than is necessary for clear and adequate visibility. No electronic
billboard shall exceed a brightness level of 6,000 NTTs (NTTs are the standard measure of
brightness for electronic signs and devices) during daytime use or 500 NTTs during nighttime use
and to account for adverse weather conditions that reduce the amount of sunlight.
5. No billboard shall display light of such intensity or brilliance as to cause glare or otherwise
impair the vision of a driver or result in a nuisance. No billboard shall be of such intensity or
brilliance that it interferes with the effectiveness of an official traffic sign, device or signal.
6. The billboard shall have a default mechanism built in to either turn the display off or show "full
black" on the display in the event of a malfunction. Malfunction is defined as any operation of the
billboard that causes glare or impairs the vision of motorists or otherwise distracts motorists so as
to interfere with the motorists' ability to safely operate their vehicles or otherwise constitutes a
violation of the City Code.
7. The billboard shall not be configured to resemble a warning, danger signal, official signage used
to control traffic or to cause a driver to mistake the billboard for a warning or danger signal.
8. Any billboard operating out of compliance with any standard of this section must immediately
September 4, 2013
Planning & Zoning Board Agenda, Item 500
Page 4 of 5
terminate displaying an image until compliance is achieved.
The maximum height of each billboard cannot exceed 50 -feet measured from the crown of the adjacent
U.S. 17 -92 right -of -way, and cannot exceed 672 square feet in area (14 -feet by 48- feet). All visible
portions of the billboard shall be painted monochromatic black or any other monochromatic dark,
neutral color as approved by the City. Additionally, the City may require the digital billboard to be
located elsewhere on the subject property in order to provide an adequate buffer distance from the
digital billboard and the U.S. 17 -92 right -of -way, as well as other sensitive areas of the subject
property. Digital billboards that are permitted may be required to provide space for public service
announcements and community events; and upon approval by the City, the billboard shall be
considered an existing structure and remain on the billboard inventory list that was adopted by the City
Commission in 2001. The City may require a sign owner, in exchange for the right to construct a
digital billboard to agree to remove another existing legally non - conforming billboard located
elsewhere in the City or within any portion of the Seminole County 17 -92 Redevelopment Area within
or outside the City limits as a condition of an agreement to permit a digital billboard.
A 2007 study conducted by the Virginia Tech Traffic Institute (VTTI) concluded the average amount
of time it takes for a driver of a car to look at an electronic message display on a digital billboard and
read and process the information is approximately less than one second. This study concluded that
traffic accidents are no more likely to occur in the presence of digital billboards than in their absence.
A 2009 study by VTTI concluded texting while driving causes a driver to glance at their respective
mobile device for an average of 4.6 seconds during a 6 second period. This equates to a driver
traveling then length of a football field at 55 miles per hour without looking at the roadway. A 2
second glance away from the road is considered to be a dangerous level.
The Police Department has reviewed the proposed ordinance and has no concerns.
FISCAL IMPACT:
While there is no direct fiscal impact to the City, staff is of the opinion that the proposed new code
language will facilitate more diversified development and increase the chance of local businesses
remaining viable over the long term, which will have a positive fiscal impact to the City's tax base.
COMMUNICATION EFFORTS: The Meeting Agenda and this Agenda Item have been forwarded
to the Planning and Zoning Board members and are available on the City's Website, LaserFiche, and
the City's Server. The Agenda has been forwarded to the Mayor and City Commission; City Manager;
and City Attorney /Staff. Additionally, the Meeting Agenda has been sent to media /press
representatives, all Homeowner's Associations on file with the City, all individuals who have
requested Agenda information, Department Directors; and also posted outside City Hall; posted inside
City Hall with additional copies available for the general public.
STAFF RECOMMENDATION:
Staff recommends the Planning & Zoning Board recommend approval of Ordinance 2013 -11, which
proposes to amend the City's regulations regarding off - premises signs, commonly referred to as
billboards.
September 4, 2013
Planning & Zoning Board Agenda, Item 500
Page 5 of 5
ATTACHMENTS:
A. Ordinance 2013 -11
Attachment "A"
ORDINANCE NO. 2013 -11
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA,
REGARDING THE REGULATION OF EXISTING OUTDOOR
OFF - PREMISE ADVERTISING DISPLAYSBILLBOARDS
(`BILLBOARDS ") LOCATED WITHIN THE CITY OF WINTER
SPRINGS ON U.S. 17 -92; PROVIDING REQUIREMENTS FOR
CONVERTING EXISTING, LEGALLY NONCONFORMING
BILLBOARDS LOCATED ON U.S 17 -92 INTO DIGITAL
BILLBOARDS PURSUANT TO SUBSEQUENTLY
NEGOTIATED TERMS AND CONDITIONS OF AN
AGREEMENT WITH THE CITY; PROVIDING FOR THE
REPEAL OF PRIOR INCONSISTENT ORDINANCES AND
RESOLUTIONS, SEVERABILITY, INCORPORATION INTO
THE CODE; AND AN EFFECTIVE DATE.
WHEREAS, the City is granted the authority, under § 2(b), Art. VIII of the State
Constitution, to exercise any power for municipal purposes, except when expressly prohibited by
law; and
WHEREAS, the City has previously adopted regulations regulating outdoor off - premises
advertising displays /billboards ( "Billboards ") within the municipal limits of the City; and
WHEREAS, upon recommendation of the City's Community Development Department,
the City Commission desires to adopt several technical amendments to the City's existing
Billboard regulations; and
WHEREAS, the City's Land Planning Agency conducted a public hearing regarding the
Code amendments recommended by the Community Development Department set forth in this
Ordinance on September 4, 2013 and recommended that the City Commission adopt the
amendments; and
WHEREAS, the City Commission hereby adopts by this reference for the sake of
simplicity, all previous legislative findings and references to legal authority made by the City
Commission including, but not limited to those set forth in Ordinance 2001 -50, supporting the
regulation of Billboards within the municipal limits of the City; and
WHEREAS, the City Commission finds that U.S. 17 -92 traversing along the western
boundary of the City of Winter Springs and is the highest traffic corridor with the most intense
commercial land uses within the City; and
WHEREAS, given the character of U.S. 17 -92, the City Commission finds that affording
City of Winter Springs
Ordinance No. 2013 -11
1
the opportunity to convert an existing nonconforming billboard located within this corridor to a
digital sign may be more compatible with the corridor than the existing billboard provided certain
terms and conditions for the conversion can be negotiated with the sign and property owner.
WHEREAS, the City Commission of the City of Winter Springs, Florida, hereby finds this
ordinance to be in the best interests of the public health, safety, and welfare of the citizens of
Winter Springs.
NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER
SPRINGS HEREBY ORDAINS, AS FOLLOWS:
Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by
reference as legislative findings of the City Commission of Winter Springs.
Section 2. Amendment to Section 16 -77 of the City Code. The City of Winter
Springs Code of Ordinances, Section 16 -77 is hereby amended as follows (underlined type
indicates additions and str-ikeati t type indicates deletions, while asterisks (* * *) indicate a deletion
from the Ordinance of text existing in Section 16 -77.
Sec. 16 -77. - Outdoor display /billboards — Off - premises signs prohibited.
(a) Other than as provided within this section, off - premises signs, as defined in section
16 -51 of the City Code, are strictly prohibited within the City of Winter Springs.
(b) Notwithstanding anything in the City of Winter Springs Code of Ordinances to the
contrary, from and after the effective date of Ord. No. 2001 -50 [Oct. 22, 2001], the total number of
outdoor off - premises signs located in the incorporated areas of the city shall be limited as hereafter
specified.
(c) The initial limitation on outdoor off - premises signs are the five (5) outdoor
off - premises sign structures (hereinafter referred to as "Existing Structure(s) ") currently existing
in the incorporated areas of the city (the "Existing Structures "). An inventory of these existing
structures dated October 22, 2001, as amended in June 2013, is filed in the community
development department and is incorporated herein by this reference.
(d) The limit stated in subsection (c) above may only be increased by the number of
lawfully existing off - premise sign structures within unincorporated areas of Seminole County
which are annexed by the City of Winter Springs. Contemporaneously with annexation the city
shall conduct a survey of all existing off - premise sign structures within the annexed portions of
unincorporated Seminole County. The inventory of existing structures, on file with the community
development department, shall be amended by resolution of the city commission to include the
addition of legally existing off - premise sign structures.
City of Winter Springs
Ordinance No. 2013 -11
2
(e) The limit stated in subsection (c) above, as may be amended by subsection (d), shall
be correspondingly reduced upon the occurrence of any of the following:
(1) An existing structure is removed incident to a road widening or other public works
project; and
(2) An existing structure is removed incident to the development or redevelopment of the
property upon which the existing structure is located; or
(3) An existing structure is removed incident to the expiration of the lease or other
agreement authorizing placement of the existing structure on the property.
(4) An existing structure which is non - conforming due to zoning is removed due to
destruction, damage or other casualty which results in destruction of fifty (50) percent or more of
the support structure for or of fifty (50) percent or more of the face of the sign.
(5) An existing structure is removed or dismantled by fifty (50) percent or more of the
support structure or fifty (50) percent or more of the face of the sign.
(6) By the terms and conditions of a development agreement with the city, except that any
development agreement after the effective date of this section shall not allow the removal of an
existing structure later than the time that would otherwise be provided by this section. Any existing
structure subj ect to a development agreement with the city prior to the effective date to this section
shall be exempt from the provisions of this subsection (e) and shall be removed in accordance with
the terms of the development agreement.
(f) At any point in time the then current limit on the number of outdoor off - premises signs
located in the incorporated areas of the city shall be the initial limit specified in subsection (c) and
as amended by subsection (d) above less the total number of existing structures which have been
removed as specified in subsection (e) above.
(g) In addition to the limitation specified above, there is hereby imposed a limitation upon
the number, size and orientation of the sign faces located upon the existing structures. From and
after the effective date of Ord. No. 2001 -50 [Oct. 22, 2001], the number of sign faces on an
existing structure may not be increased, either by adding an additional face oriented in a different
direction or by changing the display mechanism to permit the display of multiple signs on a single
sign face. From and after the effective date of this Ord. No. 2001 -50, no sign face on an existing
structure may be increased in size and the orientation of each sign face located upon an existing
structure may not be changed.
(h) Except for an existing structure which is non - conforming (which cannot be replaced),
an existing structure damaged or destroyed by flood, fire, earthquake, war, riot, act of God or other
similar casualty loss may be reconstructed in the same location with the same (or smaller or fewer,
City of Winter Springs
Ordinance No. 2013 -11
3
as the case may be) size and number of sign faces. An existing structure may not be relocated to
another location.
(i) Except as specifically authorized by permit issued by the State of Florida Department
of Transportation or as required by specific state statute, no trees or vegetation shall be removed or
trimmed from the property upon which an outdoor off - premises sign is located or from property
adjacent thereto in order to enhance the visibility of the outdoor off - premises sign.
0) In connection with any off - premise signs which are erected or constructed in violation
of the provisions of this section, each day that said sign remains erected in violation of this section
shall constitute a separate violation and each person responsible for erecting or constructing such
off - premise sign, including but not limited to the real property owner, shall pay the city a penalty
of five hundred dollars ($500.00) per day until the off - premise sign is removed.
(k) This subsection is intended to provide requirements for a person to propose
converting an existing structure identified on the aforementioned inventory list, and which is
located on real property abutting U.S. 17 -92 and within the Seminole County 17 -92
Redevelopment Area, to an off - premises digital billboard sign under negotiated terms and
conditions approved by the City Commission. The purpose of this subsection is to adopt
standards and restrictions for any such conversion that are pursuant to the interest of the citizens of
the City and Seminole County and the Redevelopment Area related to visual aesthetics and the
safety of vehicular traffic. No conversion shall be allowed in the City except as provided in this
subsection.
(1) An owner of an existing structure subject to this subsection shall first be required to
submit, in writing, a conversion request to the City for an informal and preliminary review to
determine whether the City, at its discretion, desires to engage in more formal negotiations
regarding the he request.
(2) If the City desires to engage in formal negotiations, the owner shall be required, as a
precondition to negotiations, to execute an affidavit on a form prepared by the City Attorney. The
affidavit shall provide at a minimum that the owner is acknowledging and nd a rg eeing that the future
negotiations with the City are optional and at the sole discretion of the City. Further, the owner
agrees that the City is under no obligation whatsoever to approve or deny the request and that the
owner shall release and hold harmless the City regarding any decision made by the City on the
request. Should the City Commission decide to approve an owner's conversion proposal, the
conversion shall be subiect to terms and conditions of a binding written aureement and the
following minimum standards and requirements:
(i) if the owner of the existing structure is not the owner of the property on which the
existing structure is located, the owner of the property shall be required to approve and execute the
aureement. Said aureement shall be recorded in the Official Records of Seminole Countv and
shall be binding on the owner of the sign and the real property,
City of Winter Springs
Ordinance No. 2013 -11
4
(ii) the conversion shall be subject to all applicable building, fire and land development
codes and law, however, to the extent this section conflicts with state or federal law, the more
restrictive will be applied by the City;.
(iii) the following minimum technical display requirements shall apply unless the City
Commission requires more restrictive requirements by written agreement:
1. Display messages shall be static only. Such static images shall hold the display face
for a minimum of eight (8) seconds before transitioning to another static image_
2. Transitions from one static image to the next shall appear within three (3) seconds
and shall not have the appearance of flashing, flickering, blinking, pulsating animation
or videos or varying light intensity. Dissolving from one static image to the next within
the three (3) second transition period shall not constitute animation for purposes of this
article.
3. The billboard shall come equipped with functioning automatic dimming
technology which automatically adjusts, at all times while the electronic message center
is , operatin the he si ng s brightness in direct correlation with ambient light conditions.
4. No billboard shall be brighter than is necessary for clear and adequate visibility_
No electronic billboard shall exceed a brightness level of 6,000 NITS (NITS are the
standard measure of brightness for electronic signs and devices) during daytime use or
500 NITS during nighttime use and to account for adverse weather conditions that
reduce the amount of sunlight.
5. No billboard shall display light of such intensity or brilliance as to cause glare or
otherwise impair the vision of a driver or result in a nuisance. No billboard shall be of
such intensity or brilliance that it interferes with the effectiveness of an official traffic
sign, device or signal.
6. The billboard shall have a default mechanism built in to either turn the display off
or show "full black" on the display in the event of a malfunction. Malfunction is defined
as any operation of the billboard that causes glare or impairs the vision of motorists or
otherwise distracts motorists so as to interfere with the motorists' ability to safely
oberate their vehicles or otherwise constitutes a violation of the Citv Code.
7. The billboard shall not be configured to resemble a warning, danger signal, official
signage used to control traffic or to cause a driver to mistake the billboard for a warning
or danger signal.
8. Any billboard operating out of compliance with any standard of this section must
City of Winter Springs
Ordinance No. 2013 -11
immediately terminate displaying an image until compliance is achieved.
(iv) The maximum height of the billboard shall be 50 -feet measured from the crown of
the adjacent U.S. 17 -92 and shall be compatible with the surrounding area,
rea,
(v) The maximum size of the billboard face, as viewed from one direction, shall be 672
square feet (14 feet by 48 feet). All visible portions of the back side of any billboard shall be
painted monochromatic black or other monochromatic, dark, neutral color, as approved by the
City. No embellishments and cut outs may be utilized on the billboard,
(vi) Notwithstanding the current location of the existing structure being removed
pursuant to this subsection, the City may require the digital billboard to be located elsewhere on
the subject property in order to provide adequate buffer distances from the digital billboard and
U.S. 17 -92 and other public right -of -way, as well as from other sensitive areas adjacent to the
sub ect property,
(vii) The billboard may offer to provide copy space for public announcements like
amber and silver alerts, public emergency notices, and community events,
(viii) Upon approval by the City, the billboard shall constitute an existing structure and
shall remain on the inventory list pursuant to this section.
(ix) Section 16 -77 encourages the removal of existing structures on the inventory list
required by this section. Further, the City currently participates in the Seminole County 17 -92
Community Redevelopment Agency for purposes of revitalizing and redeveloping the U.S. 17 -92
corridor. In furtherance of these legitimate public purposes, the City may, in its discretion and as
a condition of negotiating an agreement under this subsection, require a sign owner, in exchange
for the right to construct a digital billboard, to agree to remove another existing, legally
non - conforming billboard located elsewhere in the City or within any portion of the Seminole
County 17 -92 Redevelopment Area within or outside the City's jurisdictional boundaries.
Section 5. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
inconsistent ordinances and resolutions adopted by the City Commission, or parts of prior
ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
Section 6. Incorporation Into Code. This Ordinance shall be incorporated into the
Winter Springs City Code and any section or paragraph, number or letter, and any heading may be
changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and
like errors may be corrected and additions, alterations, and omissions, not affecting the
construction or meaning of this Ordinance and the City Code may be freely made.
Section 7. Severability. If any section, subsection, sentence, clause, phrase, word or
provision of this ordinance is for any reason held invalid or unconstitutional by any court of
City of Winter Springs
Ordinance No. 2013 -11
6
competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall
be deemed a separate, distinct and independent provision, and such holding shall not affect the
validity of the remaining portions of this ordinance.
Section 8. Effective Date. This Ordinance shall become effective immediately
upon adoption by the City Commission of the City of Winter Springs, Florida, and pursuant to the
City Charter.
ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular
meeting assembled on the day of , 2013.
CHARLES LACEY, Mayor
ATTEST:
ANDREA LORENZO - LUACES
City Clerk
APPROVED AS TO LEGAL FORM AND SUFFICIENCY
FOR THE CITY OF WINTER SPRINGS ONLY.
ANTHONY A. GARGANESE
City Attorney
First Legal Ad Published:
First Reading:
Second Legal Ad Published:
Effective Date:
City of Winter Springs
Ordinance No. 2013 -11
7