Fort Walton Beach Council agenda — 05-10-11 regular — reading text

w G D L V cC C7 v o 2 E v s q LL Z H VC oN CO O vm- Z c c• i 3Qu s u= N 3rn J J n E G E ou o E C J 7 O v v o E N U_ n E I LL Q UV o LL 0 To: Robert T. Mearns, City Manager From: Michael Beedie, Engineering & Utility Services Director Date: May 10, 2011 Subject: Ordinance 1852 - Staying Sign Code Compliance Date BACKGROUND: 1. 1. On June 23, 2009, City Council adopted Resolution 2009 -04 creating the ad -hoc Business Retention Panel ( BRP). This panel was created with the purpose of evaluating the relationship between City operations and the business community. 1. 2. On February 9, 2010, at a City Council Special Meeting, the BRP delivered a list of recommendations for the City Council to consider. 1. 3. One of the items discussed by the Business Retention Panel was the revision of the City' s signage standards. 1. 4 At the time of the BRP' s report to Council, Council requested that a stay be put in place but the then City Attorney ruled that the Comprehensive Plan would have to be revised, which has been recently completed. 2. DISCUSSION: 2. 1. The City' s consultant, The Gail Easley Company, will address the revisions to the signage standards in her complete revision of the Land Development Code, which is scheduled for completion in early 2012. 2. 2. Because Chapter 16. 50 of the Land Development Code, titled Signage Standards, will be revised as part of Ms. Easley' s contract, Ordinance 1852 intends to stay the compliance date listed in Section 16. 50.4.D for nonconforming signs to be removed by the owner. The compliance date listed in the current Land Development Code is July 1, 2011. 3. FINANCIAL INFORMATION: 3. 1. Ordinance 1852 has no financial impact on the City budget but will provide relief for all business owners with signs.. 4. MUNICIPAL PLANNING BOARD RECOMMENDATION: 4. 1. Ordinance 1852 will be brought before the Municipal Planning Board on May 5, 2011 at their Regular Meeting. 5. STAFF RECOMMENDATION: 5. 1. Staff requests City Council adoption of Ordinance 1852 to stay the compliance date listed in Section 16. 50. 4. 1) of the Land Development Code that requires all nonconforming signs to be removed by the owner on or before July 1, 2011. ATTACHMENTS: Ordinance 1852 Sign Compliance Date ( PDF) Ordinance 1852 Sign Compliance Date rev ( 2) ( PDF) SIGNATURE BLOCK: Michael Beedie Completed 04/ 28/ 20115: 22 PM Carole Jones Completed 04/ 29/ 2011 1: 46 PM City Manager Completed 05/ 04/ 20119: 35 AM Municipal Planning Board Completed 05/ 04/ 2011 10: 13 AM City Council Pending I ORDINANCE 1852 2 3 AN ORDINANCE OF THE CITY COUNCIL OF FORT WALTON BEACH, FLORIDA, PROVIDING AUTHORITY AND INTENT; 4 5 STAYING THE COMPLIANCE DATE LISTED IN SECTION 16. 50.4.1), 6 SIGNAGE STANDARDS, OF THE LAND DEVELOPMENT CODE; AND 7 PROVIDING AN EFFECTIVE DATE. 8 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 9 FORT WALTON BEACH, FLORIDA, THAT THE CODE OF ORDINANCES OF THE 10 CITY OF FORT WALTON BEACH IS AMENDED AS FOLLOWS: 11 Section 1. Authority and Intent 12 A. The authority for enactment of this ordinance is contained in Chapter 166.021 and other 13 provisions of the Florida Statutes and section 2 of the City Charter. 14 15 B. The Municipal Planning Board, sitting as the Local Planning Agency, held a public 16 hearing and considered this ordinance on The City Council 17 conducted public hearings on and , after giving 18 due public notice. 19 20 Section 2. Stay of Compliance Date for Nonconforming Signs of the Land 21 A. The compliance date of July 1, 2011, set forth in Section 16. 50.4.1) 22 Development Code, to remove all nonconforming signs is hereby stayed until the 23 revised Signage Standards are adopted with the revised Land Development Code. 24 25 B. Nothing in this section is intended to and shall not be construed to limit the ability of 26 City staff to review and approve or reject applications for new or renovated signage as 27 regulated by the current Land Development Code. 28 29 Section 3. Conflicts 30 All ordinances or parts of ordinances in conflict with this ordinance are repealed to the 31 extent of such conflict. 32 33 Section 4. Severability 34 If any word, phrase, sentence, paragraph or provision of this ordinance or the application 35 thereof to any person or circumstance is held invalid or unconstitutional, such finding shall not 36 affect the other provisions or applications of this ordinance which can be given effect without the 37 invalid or unconstitutional provision or application, and to this end the provisions of this 38 ordinance are declared severable. 39 40 Section 5. Effective Date 41 This Ordinance shall take effect immediately upon approval by the City Council and 42 signature of the Mayor. 43 44 45 Adopted: 46 Mike Anderson, Mayor 47 48 49 Attest: Approved for legal sufficiency. 50 51 52 53 Helen Spencer, City Clerk Hayward Dykes, City Attorney 54 55 56 New language is underlined. 57 Deleted language is semen. 58 Codification Instructions: Section 1, 4, 5 not codified. 59 Sections 2, 3 codified and numbered as stated into Volume IV, Land Development Code. 1 ORDINANCE 1852 2 3 AN ORDINANCE OF THE CITY COUNCIL OF FORT WALTON a 4 BEACH, FLORIDA, PROVIDING AUTHORITY AND INTENT; 0 5 STAYING THE COMPLIANCE DATE LISTED IN SECTION 16. 50. 4.1), as 6 SIGNAGE STANDARDS, OF THE LAND DEVELOPMENT CODE; AND R 7 PROVIDING AN EFFECTIVE DATE. Q E 0 U 8 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF d 9 FORT WALTON BEACH, FLORIDA, THAT THE CODE OF ORDINANCES OF THE 0 U 10 CITY OF FORT WALTON BEACH IS AMENDED AS FOLLOWS: N 11 Section 1. Authority and Intent rn 12 A. The authority for enactment of this ordinance is contained in Chapter 166.021 and other 13 provisions of the Florida Statutes and section 2 of the City Charter. 14 Ln N 15 B. The Municipal Planning Board, sitting as the Local Planning Agency, held a public co 16 hearing and considered this ordinance on The City Council d 17 conducted public hearings on and , after giving c a 18 due public notice. L 19 0 20 Section 2. Stay of Compliance Date for Nonconforming Signs 21 A. The compliance date of July 1, 2011, set forth in Section 16. 50. 4.D of the Land N r 22 Development Code, to remove all nonconforming signs is hereby stayed until the 23 revised Signage Standards are adopted with the revised Land Development Code. 24 25 B. Nothing in this section is intended to and shall not be construed to limit the ability of 26 City staff to review and approve or reject applications for new or renovated signage as 27 regulated by the current Land Development Code. 28 29 Section 3. Conflicts 30 All ordinances or parts of ordinances in conflict with this ordinance are repealed to the 31 extent of such conflict. 32 33 Section 4. Severability 34 If any word, phrase, sentence, paragraph or provision of this ordinance or the application 35 thereof to any person or circumstance is held invalid or unconstitutional, such finding shall not 36 affect the other provisions or applications of this ordinance which can be given effect without the 37 invalid or unconstitutional provision or application, and to this end the provisions of this 38 ordinance are declared severable. 39 40 Section 5. Effective Date 41 This Ordinance shall take effect immediately upon approval by the City Council and 42 signature of the Mayor. 43 44 45 Adopted: 46 Mike Anderson, Mayor 47 48 49 Attest: Approved for legal sufficiency. 50 51 52 53 Helen Spencer, City Clerk Hayward Dykes, City Attorney 54 55 56 New language is underlined. 57 Deleted language is str-ieken. 58 Codification Instructions: Section 1, 4, 5 not codified. 59 Sections 2, 3 codified and numbered as stated into Volume IV, Land Development Code.  City Council of Fort Walton Beach CITY MANAGER MEMORANDUM To: Robert T. Mearns, City Manager From: Carole Jones, Executive Assistant Date: May 10, 2011