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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 16.A.7 Packet Pg. 999 12/11/2018 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) 16.A.7 Packet Pg. 1000 12/11/2018 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 16.A.7 Packet Pg. 1001 DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 1 L:\LDC Amendments\Current Work\Gas Station Signs\Gas Station Signs LDC Amendment 10-26-18 For BCC Direction.docx 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) DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 2 L:\LDC Amendments\Current Work\Gas Station Signs\Gas Station Signs LDC Amendment 10-26-18 For BCC Direction.docx 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 16.A.7.a Packet Pg. 1003 Attachment: Draft LDC Amendment (7164 : Zoning-in-Progress for Gas Station Signs) DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 3 L:\LDC Amendments\Current Work\Gas Station Signs\Gas Station Signs LDC Amendment 10-26-18 For BCC Direction.docx 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 11 # # # # # # # # # # # # 12 16.A.7.a Packet Pg. 1004 Attachment: Draft LDC Amendment (7164 : Zoning-in-Progress for Gas Station Signs) 1 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) 2 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)