Fort Walton Beach Council agenda — 09-11-2007 workshop agenda — reading text

J ~ .~.~: J) '-L.. . L.. 0 ( C .~ " c cD . 1i5 a. a. a. .. W ro ..O)!- 0) e (I) c c :: J c:>.. 5C> <(:> 1--. 0 cia) oou.i u.:  CITY COUNCIL WORKSHOP September 11 , 2007 Workshop Agenda Discussion to determine if there is an interest to modify the Settlement Agreement with Lamar Signs CDS Director) WA- 3 Agenda Item Number:  CITY OF FORT WALTON BEACH COMMUNITY DEVELOPMENT SERVICES DEPARTMENT MEMORANDUM Date: September 5, 2007 To: Joyce Shanahan, City Manager From: Missy McKim. CDS A11 ~ SUBJECT: LAMAR' s request to Di/' j' ; mol~ h~ Settlement Agreement REQUEST: Discussion of request from Lamar Outdoor to modify the Settlement Agreement. BACKGROUND - GENERAL: The residents of the City of Fort Walton Beach developed a mission which they have consistently supported since 1994. This mission, according to the Vision Plan, is to be " a small, family oriented seaside community that boasts of the historical downtown, technology research park and adjacent military bases." Further it states, " a beautiful City has evolved that is characterized by the following elements: beautiful views and vistas to the Bay and Santa Rosa Sound; low- rise profile of development; a City clear of visu~1 clutter, Le., poor signage, utilities, trash ugly buildings; tree planting programs throughout the City; quaint downtown community plaza and retail center; numerous parks; a series of bikeways and pedestrian ways throughout the City, appropriate new architectural development; the highest possible water quality in our beautiful Bay and Sound; and an aesthetically pleasing, revitalized City core area." The City is dedicated to its mission and is working diligently to protect and promote those elements that characterize the vision for the City. In addition the residents of the City and the CRA Board of Commissioners are constantly working to encourage and guide the redevelopment of the core area of the City. To that end, the City has modified its sign to garner regulation over the last 5 years. In addition, staff conducts an annual sign workshop feedback from residents and businesses alike. known off Specifically the section of the City' s sign code which addresses billboards, as an outdoor premises signs, is outlined in 12. 82. 06. The Code defines an off-premises sign as " service, sign which advertises or directs attention to an establishment, business, merchandise commodity, attraction or entertainment that is sold, produced, manufactured or furnished at a is Such place other than the property on which the sign is located. This type of sign prohibited. but not limited to, signs commonly known as billboards." signs include, are In addition, section 12. 80. 04 states that a non- conforming sign is a sign in existence prior to Further the Code February 23, 1988, which does not conform to the provisions of this code. allows for normal repair, maintenance and upkeep on non- conforming signs. However, it does not permit replacement of the non- conforming sign, nor its modification that would continue or increase the nonconformity; nor may it be altered to extend its useful life, nor permit its reestablishment after damage or destruction. Specifically the codes states:  The restrictions on nonconforming signs do not preclude normal repair, maintenance or upkeep. A nonconforming sign shall not be replaced with another nonconforming sign; relocated, unless such relocation will bring the sign into conformity; modified in any altered way that would continue or increase the degree of nonconformity; structurally so as to extend its use life; reestablished after damage or destruction if the cost to repair the damage or destruction exceeds the lesser of ( 1) the value of the sign as reflected on the owner's last tangible property tax return filed prior to the date of damage or destruction; or (2) 50 percent of the original cost of the sign, including the cost of installation; or permitted in instances where a change in use, occupancy or ownership occurs which necessitates alteration of the sign in any manner. The purpose of nonconforming standards is to permit structures that no longer meet the City code " to continue until they are voluntarily removed or removed as required by these regulations", but not to encourage their continuation. The nonconformities provisions are of the designed to curtail substantial investment in nonconformities to preserve the integrity of the city' s land development code and to be consistent with goals, objectives and policies city' s comprehensive plan. In addition, the City' s Code also requires all signs to be adequately maintained in a safe and structurally sound condition. LAMAR is able to maintain the billboards, change the copy, and remove the copy when tropical storms threaten the area. As long as the structures have been adequately maintained in the past, and continue to be adequately maintained, they will be able to continue to exist. After receiving notices of violations for not removing their nonconforming signs, LAMAR filed a lawsuit against the City. In 2002, the City settled the lawsuit which left 8 billboards on Federal Aid Primary roadways. One of the 8 has been removed because the property is in the process of redeveloping leaving 7 remaining billboards. With future redevelopment of the properties on which the billboards are located, it is expected that all of the billboards will be eventually removed. 2006 PROPOSED MODIFICATION In May 2006, the City received a request from LAMAR to modify their settlement agreement. The City Council, after meeting in executive session, announced that they would hold Special a On October 30, Council Meeting to discuss the request to modify the settlement agreement. forward to work out 2006, at the Special City Council Meeting a motion to direct staff to move 3 for Modification to Settlement Agreement failed by a vote of to 4. an agreement The Staff Report and minutes from this meeting are attached. that signage and At the City Council Strategic Planning session, City Council requested billboard ordinance be readdressed. The discussion included revisiting the billboard issue; reducing the number of billboards and allowing the ones remaining to be upgraded. The minutes from the January 20, 2007 Strategic Planning Session are attached. RECOMMENDATION: Staff recommends that City Council first decide if they want to modify the Settlement Agreement. Page 2 of 3 If City Council decides to modify the Settlement Agreement, Council should provide direction to the Lamar and Staff on what they would like to see if it is the directive of Council. A modified settlement agreement will be brought back to City Council for their consideration. Attachments: Original Settlement Agreement Minutes of Special City Council meeting on October 30, 2006 Memo to Joyce Shanahan dated October 26, 2006 from Missy McKim and back-up Minutes of Strategic Planning Session on January 20, 2007 Submitted by: VGljUGL Missy McKim Community Development Services Director Concur Do Not Concur 9/?:./ OI- l Date Page 3 of 3  153 MINUTES OF THE SPECIAL COUNCil MEETING STRATEGIC PLANNING SESSION OF THE CITY OF FORT WALTON BEACH, FLORIDA JANUARY 20, 2007 INTRODUCTION The City Council of Fort Walton Beach, Florida held a Strategic Planning Session at a Special Council meeting on Saturday, January 20, 2007 from 8: 00 a. m. to 3: 00 p. m. at the Fort Walton Beach Senior Citizens Center located at 31 Memorial Parkway, SW, with the following present: Mayor Mike Anderson Councilmen: Mike Holmes, Bill Patterson, Bob Campbell, Jim