Agenda 12/11/2018 Item #16A 712/11/2018
EXECUTIVE SUMMARY
Recommendation to direct staff to bring back for a public hearing an ordinance amending the
Land Development Code to modify design standards for signs advertising the price of fuel, in
accordance with Section 553.79(20), Florida Statutes, and allow applications for such signs to be
processed under the proposed new zoning standards while the LDC amendment process is pending.
OBJECTIVE: To seek approval from the Board of County Commissioners (Board) to advertise and
bring back for public hearing an ordinance to amend the Land Development Code (LDC) in regard to the
number, height, size, and other design standards for signs advertising the price of fuel, in accordance with
recent amendments to the Florida Statutes, and to allow applications for such signs to be processed and
approved under the proposed new zoning standards while the zoning change is in progress.
CONSIDERATIONS: Currently, LDC Subsection 5.05.05 C.4.c places the following standards on signs
for facilities with fuel pumps:
One ground sign shall be permitted for each site and shall be placed within a 200 square-
foot landscaped area. Height is limited so that the top edge of the sign face is less than
eight feet above grade. Maximum permitted area is 60 square feet. Said sign shall be
consistent with the color scheme and architectural design of the principal structure.
However, in 2017, the Legislature added the following provision to Section 553.79(20)(a)2. of the Florida
Statutes, prohibiting any requirement on gasoline pricing signs that, “prevents the sign from being clearly
visible and legible to drivers of approaching motor vehicles from…any lane of traffic...” The applicable
section reads:
(20)(a) A political subdivision of this state may not adopt or enforce any ordinance or
impose any building permit or other development order requirement that:
***********
2. Imposes any requirement on the design, construction, or location of signage
advertising the retail price of gasoline in accordance with the requirements
of ss. 526.111 and 526.121 which prevents the signage from being clearly
visible and legible to drivers of approaching motor vehicles from a vantage
point on any lane of traffic in either direction on a roadway abutting the gas
station premises and meets height, width, and spacing standards for Series
C, D, or E signs, as applicable, published in the latest edition of Standard
Alphabets for Highway Signs published by the United States Department of
Commerce, Bureau of Public Roads, Office of Highway Safety.
(b) This subsection does not affect any requirement for design and construction in
the Florida Building Code.
(c) All such ordinances and requirements are hereby preempted and superseded by
general law. This subsection shall apply retroactively.
(d) This subsection does not apply to property located in a designated historic
district.
Staff has had preliminary meetings with developers of facilities with fuel pumps who have requested
more signage, larger signs and LED or message board signage.
In response, Staff has developed revised standards for signs at facilities with fuel pumps which are
consistent with Section 553.79 (20)(a)2. The attached LDC amendment proposes the following changes to
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current standards for fuel pricing signs only:
One ground or pole sign on each major road frontage with a maximum of two signs, instead of
only one ground sign per site;
A maximum sign height of 15 feet instead of 8 feet;
Each such sign may include an “electronic message board” only for advertising fuel prices, which
will be subject to limitations on movement of images, brightness, resolution, and other design
standards and which are allowed on arterial and collector roadways.
Staff is requesting approval to advertise, and bring back for public hearing, an ordinance approving the
attached LDC amendment, and authorization to allow applications for such signs to be processed and
approved under the proposed new zoning standards while the zoning change is in progress.
FISCAL IMPACT: Cost of advertising for the LDC amendment is estimated at $1,200.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this
action.
LEGAL CONSIDERATIONS: Upon approval of this item, staff will be authorized to process
applications for fuel pricing signs in compliance with the proposed new zoning standards until the LDC
amendment is heard by the Board. Applicants that request and obtain approval of applications prior to the
Board’s approval of the LDC Ordinance amendment will proceed at their own risk.
This item is approved as to form and legality, and it requires a majority vote for approval. However, an
affirmative vote of four will be needed for approval of the proposed LDC amendment. HFAC
RECOMMENDATION: That the Board of County Commissioners:
1. Directs staff to bring back for public hearing an ordinance amending the LDC to modify design
standards for fuel pricing signs;
2. Authorizes the expenditure of funds for advertising said LDC amendment; and
3. Authorizes staff to process applications for such signs under the proposed new zoning standards
while the zoning change is in progress.
Prepared By: Jeremy Frantz, LDC Manager, Zoning Division
ATTACHMENT(S)
1. Draft LDC Amendment (PDF)
2. Email of Support 11-29-18 (PDF)
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.7
Doc ID: 7164
Item Summary: Recommendation to direct staff to bring back for a public hearing an ordinance
amending the Land Development Code to modify design standards for signs advertising the price of fuel,
in accordance with Section 553.79(20), Florida Statutes, and allow applications for such signs to be
processed under the proposed new zoning standards while the LDC amendment process is pending.
Meeting Date: 12/11/2018
Prepared by:
Title: Planner, Senior – Zoning
Name: Jeremy Frantz
10/26/2018 9:07 AM
Submitted by:
Title: Division Director - Planning and Zoning – Zoning
Name: Michael Bosi
10/26/2018 9:07 AM
Approved By:
Review:
Growth Management Department Judy Puig Level 1 Reviewer Completed 10/26/2018 1:27 PM
Zoning Michael Bosi Additional Reviewer Completed 11/02/2018 4:34 PM
County Attorney's Office Heidi Ashton-Cicko Level 2 Attorney of Record Review Completed 11/05/2018 9:35 AM
Growth Management Department James C French Deputy Department Head Review Completed 11/06/2018 4:52 PM
Growth Management Department Thaddeus Cohen Department Head Review Completed 11/15/2018 12:45 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 11/15/2018 1:57 PM
Budget and Management Office Mark Isackson Additional Reviewer Completed 11/16/2018 9:46 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 11/16/2018 3:26 PM
County Attorney's Office Emily Pepin CAO Preview Completed 11/20/2018 3:51 PM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 11/26/2018 11:26 AM
Board of County Commissioners MaryJo Brock Meeting Pending 12/11/2018 9:00 AM
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Amend the LDC as follows:
5.05.05 - Facilities with Fuel Pumps 1
2
* * * * * * * * * * * * * 3
4
C. Building architecture, site design, lighting, and signage requirements. 5
6
* * * * * * * * * * * * * 7
8
4. Signage for facilities with fuel pumps. The following are the only signs allowed in 9
facilities with fuel pumps and convenience stores with fuel pumps. 10
11
a. Window, Wall, and other signs: As allowed in LDC section 5.06.00. 12
13
b. An illuminated corporate logo with a maximum area of 12 square feet shall 14
be allowed on a canopy face which is adjacent to a dedicated street or 15
highway. Otherwise accent lighting and back lighting are prohibited on 16
canopy structures. Color accent banding on canopies may be approved as 17
established in LDC section 5.05.05 C.1.b.iv.(b), above. 18
19
c. One ground sign shall be permitted for each site and shall be placed within 20
a 200 square foot landscaped area. Height is limited so that the top edge 21
of the sign face is less than eight feet above grade. Maximum permitted 22
area is 60 square feet. Said sign shall be consistent with the color scheme 23
and architectural design of the principal structure. 24
25
c. Each facility with fuel pumps will be limited to a maximum of two ground 26
signs, two pole signs or one ground and one pole sign that advertise the 27
retail price of fuel in accordance with Section 553.79(20)(a)2., F.S. 28
29
i. One fuel pricing ground or pole sign will be permitted on a frontage 30
of a parcel that abuts an arteri al or collector road right-of-way. The 31
maximum height is limited to fifteen feet, measured from grade to 32
the uppermost portion of the sign structure. Maximum sign copy 33
area is 65 square feet. The sign must maintain a minimum setback 34
of 10 feet from any property line or road right-of-way. A minimum 35
of a 200 square foot landscaped area shall be provided around the 36
base of the sign. The sign structure shall be consistent with the 37
color scheme and architectural design of the principal structure. 38
An electronic message board (EMB) may be part of the sign area, 39
subject to the standards in 5.05.05 C.4.c.iii. 40
41
ii. One fuel pricing ground sign will be permitted on a frontage of a 42
parcel that abuts a road right-of-way other than an arterial or 43
collector road right-of-way. The maximum height is limited to eight 44
feet, measured from grade to the uppermost portion of the sign 45
structure. Maximum sign copy area is 60 square feet. The sign must 46
maintain a minimum setback of 10 feet from any property line or 47
road right-of-way. A minimum of a 200 square foot landscaped area 48
16.A.7.a
Packet Pg. 1002 Attachment: Draft LDC Amendment (7164 : Zoning-in-Progress for Gas Station Signs)
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shall be provided around the base of the sign. The sign structure 1
shall be consistent with the color scheme and architectural design 2
of the principal structure. An electronic message board will not be 3
part of the sign. 4
5
iii. If an electronic message board (EMB) is used as allowed in 6
5.05.05 C.4.c.i., each of the following apply: 7
8
a) The EMB is limited to fuel prices only. 9
10
b) Changes to the EMB shall occur instantaneously. The EMB 11
shall remain static without scroll, fade, flash, zoom, 12
sparkle, color change, or any illusion of movement. 13
14
c) Such signs shall be constructed with a photocell to 15
compensate for all conditions, day or nighttime hours, and 16
shall adjust the display's brightness to a level that is not in 17
excess of 0.3 foot -candles above ambient light levels, as 18
measured from the most restrictive of the nearest abutting 19
property line or a distance equal to the square root of [the 20
EMB sign copy area multiplied by 100]. 21
22
d) Exposed lamps, bulbs, or LEDs that are not covered by a 23
lens, filter, or sunscreen are prohibited. 24
25
d. Signage is prohibited above fuel pumps. 26
27
* * * * * * * * * * * * * 28
29
5.06.00 - SIGN REGULATIONS AND STANDARDS BY LAND USE CLASSIFICATION 30
31
A. Definitions. The definitions of the following terms shall apply to the requirements of the 32
Land Development Code, in particular this section 5.06.00, to be known as the "Collier 33
County Sign Code." 34
35
Activated sign: Any sign which contains or uses for illumination any light, lighting 36
device, or lights which change color, flash, or alternate; or change appearance of said sign 37
or any part thereof automatically; any sign which contains moving parts as part of its 38
normal operation, such as rotating signs, shall be considered an activated sign. 39
40
Animated/Activated sign: A sign depicting or involving action, motion, through 41
electrical or mechanical means. 42
43
* * * * * * * * * * * * * 44
Continued on next page
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Packet Pg. 1003 Attachment: Draft LDC Amendment (7164 : Zoning-in-Progress for Gas Station Signs)
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5.06.06 - Prohibited Signs 1
2
A. Prohibited. Any sign not specifically permitted by this sign code shall be prohibited. 3
4
* * * * * * * * * * * * * 5
6. Animated signs /activated or Activated signs. Except see Section 5.05.05 C.4 for 6
fuel pricing signs when located along an arterial or collector road right-of-way. 7
8
7. Clear or uncovered neon and exposed LED signs. Except see Section 5.05.05 C.4 9
for fuel pricing signs when located along an arterial or collector road right-of-way. 10
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16.A.7.a
Packet Pg. 1004 Attachment: Draft LDC Amendment (7164 : Zoning-in-Progress for Gas Station Signs)
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FrantzJeremy
From:AshtonHeidi
Sent:Thursday, November 29, 2018 1:15 PM
To:FrantzJeremy
Cc:KlatzkowJeff
Subject:FW: Gas station signage LDC
Jeremy,
Please see the email below.
Heidi Ashton-Cicko
Heidi Ashton‐Cicko
Managing Assistant County Attorney
Office of the Collier County Attorney
2800 North Horseshoe Drive, Suite 301
Naples, FL 34104
(239) 252‐8400
From: Tom Hardy <thardy@racetrac.com>
Sent: Thursday, November 29, 2018 12:03 PM
To: AshtonHeidi <Heidi.Ashton@colliercountyfl.gov>
Subject: RE: Gas station signage LDC
Heidi,
Thank you as always for keeping in mind and updated on this matter. We have no questions and feel we can comply
with this new code.
Thank you to all of staff and the commission for this consideration. It will help us tremendously.
Tom Hardy | Director of Engineering
Racetrac Petroleum, Inc. | racetrac.com | 200 Galleria Parkway, Suite 900, Atlanta, GA 30339
m 678-552-5390
From: AshtonHeidi <Heidi.Ashton@colliercountyfl.gov>
Sent: Wednesday, November 28, 2018 11:39 AM
To: Tom Hardy <thardy@racetrac.com>
Subject: FW: Gas station signage LDC
Tom,
Attached is the executive summary and draft LDC text for the Board to approve on 12‐11‐18 to bring back for public
hearing. It is currently scheduled for consent agenda. Let me know if you have any questions. Thanks!
Heidi Ashton-Cicko
16.A.7.b
Packet Pg. 1005 Attachment: Email of Support 11-29-18 (7164 : Zoning-in-Progress for Gas Station Signs)
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Heidi Ashton‐Cicko
Managing Assistant County Attorney
Office of the Collier County Attorney
2800 North Horseshoe Drive, Suite 301
Naples, FL 34104
(239) 252‐8400
Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a
public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing.
16.A.7.b
Packet Pg. 1006 Attachment: Email of Support 11-29-18 (7164 : Zoning-in-Progress for Gas Station Signs)