First Reading. City of Hollywood Staff Summary Request

Transcription

1 First Reading #20 City of Hollywood Staff Summary Request 1 PO Title: An Ordinance Of The City Of Hollywood, Florida, Amending Article 8 "Sign Regulations" Of The Zoning And Land Development Regulations To Increase The Number Of Permissible Billboards Along Limited Access Arterial Roadways Within The City Of Hollywood From 13 To 14; And Providing For An Effective Date. Recommendation: Approval of the attached Ordinance. Explanation: On November 14, 2013 the Planning and Development Board forwarded a unanimous recommendation of approval to the City Commission to increase the number of permissible billboards citywide from 13 to 14. This modification will allow replacement of a legal non-conforming billboard with an LED billboard at 3410 SW 29th Avenue. At Second Reading a corresponding Resolution will be presented incorporating the information below (Section 8.6 ZLDR): 1.) A substantial portion of the proceeds from advertising on said billboard will be directed to nonprofit corporations, to assist in funding such nonprofit corporation s projects in the City of Hollywood; OR 2.) The advertisement to be displayed on the billboard will promote a city owned or city sponsored project. ATTACHMENT I: Planning and Development Board Staff Report and Backup (11/14/13 Revised) Submitted by: Jaye M. Epstein, AICP, Director, Planning and Development Services Andria Wingett, Assistant Planning and Development Services Director

2 Recommended for inclusion on the agenda by: Director Signed Off: Cathy Swanson-Rivenbark, AICP, CEcD, City Manager Jaye M. Epstein, AICP, Director, Planning and Development Services 11/15/ :47:03 AM 2

3 (13-T-104) ORDINANCE NO. AN ORDINANCE OF THE CITY OF HOLLYWOOD, FLORIDA, AMENDING ARTICLE 8 SIGN REGULATIONS OF THE ZONING AND LAND DEVELOPMENT REGULATIONS TO INCREASE THE NUMBER OF PERMISSIBLE BILLBOARDS ALONG LIMITED ACCESS ARTERIAL ROADWAYS WITHIN THE CITY OF HOLLYWOOD FROM 13 TO 14; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on July 17, 1991, the City Commission of the City of Hollywood enacted Ordinance No which permitted the City Commission to allow no more than eight (8) billboards within the City of Hollywood; and WHEREAS, Article 8 of the City s Zoning and Land Development Regulations incorporated Ordinance by reference into its billboard regulations; and WHEREAS, on September 18, 1996, the City Commission enacted Ordinance No. O which increased the number of permissible billboards from 8 to 10; and WHEREAS, on September 2, 1998, the City Commission enacted Ordinance No which increased the number of permissible billboards from 10 to 12; and WHEREAS, on June 5, 2002, the City Commission enacted Ordinance No. O which increased the number of permissible billboards from 12 to 13; and WHEREAS, Hardin Holdings, Inc. has requested to replace a legal nonconforming billboard with an additional LED billboard at 3410 SW 29 th Avenue; and WHEREAS, this request would increase the number of billboards allowed within the City of Hollywood from thirteen (13) to fourteen (14); and WHEREAS, on November 14, 2013, the Planning and Development Board reviewed this request and have forwarded a recommendation of approval to the City Commission; (Coding: Words in struck through type are deletions from existing law; words underscored are additions). 1

4 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF HOLLYWOOD, FLORIDA: Section 1: That Article 8, Subsection 8.6 of the Zoning and Land Development Regulations is hereby amended as follows: ARTICLE 8. SIGN REGULATIONS 8.6 Prohibited Signs. * * * G. The following signs are also prohibited: * * * 2. Billboards, except that by City Commission determination, no more than thirteen (13) fourteen (14) additional billboards, located only along limited access arterial roadways, and limited in size to 14 x 48, and supported by a single pole, shall be permitted. These billboards shall be permitted only upon a finding that the above requirements have been met and at least a substantial portion of the proceeds from the advertising on said billboards are directed to nonprofit corporations, to assist in funding such nonprofit corporation s projects in the City of Hollywood, or the advertisement to be displayed on the billboard promotes a City owned or City sponsored project. The City Commission may place additional, reasonable conditions, including but not limited to the posting of a bond. The City Commission may direct the appropriate City departments to revoke any permit for failure to comply with any conditions placed by the City in the approval of any billboard under this section. The existing fourteen billboards are as follows: a N. 28 th Terrace b Taft Street c Johnson Street d Polk Street e S. 30 th Avenue f Hollywood Boulevard g. Oakwood Plaza East of I-95-North h. Oakwood Plaza East of I-95-South i Johnson Street j Evans Street k Johnson Street l Johnson Street m Hollywood Boulevard n SW 29 th Avenue 2

5 ORDINANCE AMENDING SECTION 8.6 OF THE ZONING AND LAND DEVELOPMENT REGULATIONS RELATING TO BILLBOARDS. Section 2: That it is the intention of the City Commission and it is hereby ordained that the provisions of this section shall be made part of the Zoning and Land Development Regulations and the sections of the Regulations may be renumbered to accomplish such intention. Section 3: That if any word, phrase, clause, subsection or section of this ordinance is for any reason held unconstitutional or invalid, the invalidity thereof shall not affect the validity of any remaining portions of this ordinance. Section 4: That all sections or parts of sections of the Zoning and Land Development Regulations, all ordinances or parts of ordinances, and all resolutions or parts of resolutions in conflict herewith be and the same are hereby repealed to the extent of such conflict. Section 5: That this Ordinance shall be in full force and effect immediately upon its passage and adoption. Advertised, PASSED on first reading this day of, PASSED AND ADOPTED on second reading this day of, ATTEST: PETER BOBER, MAYOR PATRICIA A. CERNY, MMC, CITY CLERK APPROVED AS TO FORM & LEGALITY for the use and reliance of the City of Hollywood, Florida, only. JEFFREY P. SHEFFEL, CITY ATTORNEY 3

6 ATTACHMENT Planning and Development Board Staff Report and Backup (11/14/13-Revised)

7 REVISED CITY OF HOLLYWOOD, FLORIDA MEMORANDUM PLANNING AND DEVELOPMENT SERVICES DATE: November 14, 2013 FILE: 13-T-104 TO: VIA: FROM: SUBJECT: Planning & Development Board/ Local Planning Agency Jaye M. Epstein, AICP, Director Andria Wingett, Assistant Director Hardin Holdings, Inc. requests a Text Amendment to Article 8 of the Zoning and Land Development Regulations to increase the number of permissible billboards in the City from 13 to 14 and to replace a legal nonconforming billboard with an LED billboard at 3410 SW 29 th Avenue. APPLICANT S REQUEST: To increase the number of permissible billboards from 13 to 14. STAFF S RECOMMENDATION: The Planning and Development Board, acting as the Local Planning Agency, forward a recommendation of approval to the City Commission with the condition the billboard list, identifying all 14 billboards, be incorporated into the Text Amendment. BACKGROUND: The Zoning and Land Development Regulations identify billboards as a prohibited sign; with the exception of allowing a limited number (13) of these signs citywide. The 13 existing billboards include 10 along Interstate 95 and three along the Florida Turnpike. (Attachment C). The Regulations require billboards to be located only along limited access arterial roadways, and limited in size to 14 feet x 48 feet, and supported by a single pole. Although not part of the Local Planning Agency s jurisdiction, the Regulations also require a substantial portion of the proceeds from advertising be directed to a nonprofit corporation within the City or advertising promote a city owned or sponsored project. This is accomplished by ONLY the City Commission considering an agreement with the Applicant, as a separate agenda item. As such, the Board will only be considering changing the number of billboards from 13 to 14. REQUEST: The ONLY request before the Board is to change the number of permissible billboards from 13 to 14. Typically, text amendments to the Zoning and Land Development Regulations are City (City Commission, Staff or Community Redevelopment Agency) initiated, however these types of requests, to increase the number of permissible billboards, have always been privately initiated. As such, Hardin Holdings is requesting to change the number of permissible billboards to upgrade an existing legal non-conforming billboard sign at 3410 SW 29 th Avenue to a light emanating diode (LED) also known as digital technology sign.

8 The subject property is located at the northern city limits within the Port-95 Commerce Park. Sitting immediately south of Interstate 595; the property is surrounded by City of Fort Lauderdale to the west, City of Dania to the east, and the City of Hollywood to the north and south. At about a quarter of an acre (80 feet x 44 feet) the only use is a billboard sign. According to the Applicant in 1989 the billboard was originally permitted by the County prior to the annexation of the land into the City, after annexation the City issued a permit for the construction as part of the annexation discussion, and the billboard was constructed and given a C.O.... More specifically, attachment A includes a detailed history. As such this sign, and potentially others, was never included on the billboard list (Attachment C). In order to upgrade the existing billboard to an LED billboard the number of permissible billboard signs must be increased to 14 and the location added to Text Amendment. There is currently one two other LED billboard in the City, located in Oakwood Plaza along Interstate 95. The primary difference between a standard billboard and an LED billboard is they are lit internally and can change copy every few seconds allowing for a much wider array of advertising. As such, at minimum, sign location, design and compatibility of certain signs even billboards can contribute visual pollution. However, in this particular case the property has an Industrial Land Use and Zoning, is located immediately adjacent to a limited access arterial roadway (I-595) and is surrounded by nonresidential uses. As such, staff believes this request to increase the number of permissible billboards to 14 is appropriate and recommends the list of all billboards (Attachment C) also be incorporated into this Text Amendment. BACKGROUND: Applicant: Hardin Holdings, Inc. Address/Location: 3410 SW 29 th Avenue Net Size of Property: 0.12 acres/ 5,234 Sq. Ft. Zoning: Medium Intensity Industrial and Manufacturing (IM-3) Existing Land Use: Industrial ADJACENT EXISTING LAND USE: North: General Business (Interstate 595) South: Industrial East: City of Dania West: City of Fort Lauderdale ADJACENT ZONING: North: Medium/High Intensity Commercial (C-4, Interstate 595) South: Medium Intensity Industrial and Manufacturing (IM-3) East: City of Dania West: City of Fort Lauderdale CONSISTENCY WITH COMPREHENSIVE PLAN: The proposed text amendment is consistent with the Comprehensive Plan, based upon the following: Goal: Promote a distribution of land uses that will enhance and improve the residential, business, resort, and natural communities while allowing land owners to maximize the use of their property. Objective 4: Promote improved architectural and street scape design standards, code enforcement, economic development, neighborhood planning, and public information dissemination to maintain and enhance neighborhoods, businesses and tourist areas.

9 The Industrial Zoning and Land Use of the property combined with small property size and proximity to an interstate highway allows the property owner to maximize use of their property while also aiding to disseminate public information. The Applicant states there are, provisions for use, under certain conditions, by the City to inform the public of various matters, including Amber and Silver alerts. CONSISTENCY WITH CITY-WIDE MASTER PLAN: The subject property is located in Sub-Area 7, which the northernmost part of the City. This area is geographically defined by 56 th Avenue to the west, I-95 to the east, Sheridan Street to the south and SR 84 and Broward County Unincorporated areas to the north. This area includes the residential areas of Emerald Hills, Oakridge and the industrial/office area of Port 95 Commerce Park. To the far north of this Sub-Area is the Port 95 Commerce Park. This is a 283 acre industrial and office development just south of SR 84. Due to its strategic location, Port 95 Commerce Park appeals to several industries dependent on the Port and Airport such as Wartsila, Brandsmart and Federal Express. The commerce park also acts as a catalyst to upgrade the quality of development in the entire area as well as provide economic benefits to the City. Additionally, this area is isolated from the residential neighborhoods of Hollywood and commercial corridors that represent other areas of Hollywood. The proposed text amendment is consistent with the following policies and guiding principle in Sub-Area eight of the City-Wide Master Plan: Policy 7.14: Proposed future land uses that are compatible with the effects for airport expansion. Policy CW.6: Define options and develop recommendations for the land use/zoning issues on major transportation corridors. Policy CW.45: Protect and preserve the integrity of the City s boundaries. Located within the Port 95 Commerce Park at the edge of Hollywood s city limits the proposed Text Amendment to allow am existing legal non-conforming billboard to be upgraded to LED and comply with current Regulations, at this location, will not negatively impact the integrity of the City s boundaries. APPLICABLE CRITERIA: Analysis of Criteria and Findings for Text Amendments as stated in the City of Hollywood s Zoning and Land Development Regulations, Article 5. CRITERIA 1: ANALYSIS: FINDING: The proposed change is consistent with and in furtherance of the goals, objectives and policies of the adopted Comprehensive Plan as amended from time to time. The proposed change is consistent with objectives and goals of the Comprehensive Plan since it will not be detrimental to the surrounding industrial area or the redevelopments efforts of the City. Additionally, Policy 5.9 of the City s Comprehensive Plan states, Maintain the Zoning and Land Development Regulations regarding nonconforming uses and amend these regulations to reduce the impact of these uses on surrounding areas and to require maximum consistency with the Zoning and Land Development regulations. The Applicant states, The subject request clearly meets Policy 5.9 as amending the Code for an already existing billboard in an exclusively industrial area on a silver of land in the City will have little or no impact. Consistent.

10 CRITERIA 2: ANALYSIS: FINDING: That conditions have substantially changed from the date the present zoning regulations were established. The applicant states, The billboard was originally permitted by the County prior to the annexation of the land into the City, after annexation the City issued a permit for the construction as part of the annexation discussion, and the billboard was constructed and given a C.O.... As such, conditions have substantially changed and amending the Regulations will allow a 23 year old legal nonconforming billboard to be upgraded and comply with current Regulations, unlike when the property was annexed as part of the Alandco Business Park into the City in Overtime, the number of permissible billboards has increased. Although there is a separate map/list, it is not in the Zoning and Land Development Regulations. As such, staff recommendations the location of the existing billboards be identified in the Zoning and Land Development Regulations. Consistent with the imposition of Staff s recommendation. RECOMMENDATION: The applicant is requesting an increase in the number of permissible billboards in the City of Hollywood from 13 to 14. Staff finds this application is consistent with objectives and policies in both the Comprehensive and City-Wide Master Plans and the Text Amendment Criteria of the Zoning and Land Development Regulations. Therefore, Staff recommends the Planning and Development Board acting as the Local Planning Agency forward a recommendation of approval to the City Commission with the condition the billboard list, identifying all 14 billboards, be incorporated into the Text Amendment. ATTACHMENTS: Attachment A: Application Package Attachment B: Land Use and Zoning Map Attachment C: Existing Billboard Locations Attachment D: Existing Zoning and Land Development Regulations

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