HomeMy WebLinkAboutAgenda Packet 06.20.2019PLANNING & ZONING COMMISSION
AGENDA
ST. LUCIE COUNTY
P & Z Regular Meeting
Thursday, June 20, 2019
6:00 PM
City of Fort Pierce
City Hall Commission Chambers
100 N. US 1
Fort Pierce, FL 34950
BOARD MEMBERS
Chair
CRAIG MUNDT
Board Member
WILLIAM O'DELL
Board Member
CHARLES GRANDE
At-Large Board Member
ROBERT LOWE
At-Large Board Member
JAMES TAYLOR
Vice Chair
WILLIAM SMITH
Board Member
EDWARD LOUNDS
At-Large Board Member
BOBBY HOPKINS
At-Large Board Member
LAWRENCE "BEAU" SLAY
Ex-Officio Board Member
MARTY SANDERS
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P & Z Regular Meeting Thursday, June 20, 2019 6:00 PM
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WELCOME
Please turn off all cellular phones and pagers prior to entering the Commission Chambers.
Please note that the Planning and Zoning Commission/Local Planning Agency serves in an advisory
capacity to the St. Lucie County Board of County Commissioners and has the power to review and
make recommendations to the Board, for approval or disapproval, on any applications within their
area of responsibility.
The Planning and Zoning Commission strongly encourages your input and comment at the public
hearing. Please limit comments to three minutes if possible and be respectful of others’ opinions.
For public convenience, all meetings are televised and are provided with wireless internet access.
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P & Z Regular Meeting Thursday, June 20, 2019 6:00 PM
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1.CALL TO ORDER
A.Pledge of Allegiance
B.Roll Call
C.Announcements
D.Disclosure(s)
2.MINUTES
A.St. Lucie County Planning & Zoning Commission minutes for the meeting of Thursday, April 18,
2019
3.PUBLIC COMMENT
4.PRESENTATIONS
A.There are no scheduled items.
5.PUBLIC HEARINGS
A.PLANNING & DEVELOPMENT SERVICES
1.FPL Pelican Solar Energy Center Conditional Use Permit
Staff recommends that the Planning and Zoning Commission forward a recommendation of
approval to the Board of County Commissioners for the requested Conditional Use Permit for
construction and operation of a solar generation center based upon the consistency with the
Standards of Review identified in Section 11.07.03 and Section 7.10.28 of the Land
Development Code and the goals, objectives and policies of the Comprehensive Plan.
6.WORKSHOPS
A.ELECTRONIC SIGNS
1.The purpose of the workshop to review the St. Lucie County sign code relating to electronic
signage.
The County's sign ordinance currently does not allow changeable signs. This item was
presented to the Board of Commissioners Informal Meeting on October 8, 2018. There was a
consensus that more information should be provided about other cities' requirements for
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P & Z Regular Meeting Thursday, June 20, 2019 6:00 PM
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changeable signs.
7.OTHER BUSINESS
A.There are no scheduled items.
8.ADJOURN
NOTICE: All proceedings before the Planning and Zoning Commission / Local Planning Agency of St. Lucie County, Florida, are
electronically recorded. If a person decides to appeal any recommendation made by the Planning and Zoning Commission /
Local Planning Agency with respect to any matter considered at such meeting or hearing, he will need a record of the
proceedings. For such purpose, he or she may need to ensure that a verbatim record of the proceedings is made, by hiring
their own court reporter at their own expense, to create a record that includes the testimony and evidence upon which the
appeal is based. Upon the request of any party to the proceedings, individuals testifying during a hearing will be sworn in.
Any party to the proceeding will be granted an opportunity to cross-examine any individual testifying during a hearing upon
request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Risk
Manager at least forty-eight (48) hours prior to the meeting at (772) 462-1546 or T.D.D. (772) 462-1428. Any questions about
this agenda may be referred to St. Lucie County Planning Division at (772) 462-2822.
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ST. LUCIE COUNTY PLANNING & ZONING COMMISSION
ST. LUCIE COUNTY, FLORIDA
P & Z Regular Meeting
April 18, 2019 Convened: 6:00 PM
Adjourned: 8:20 PM
1.CALL TO ORDER
The meeting was called to order at 6:00 PM by Chair Craig Mundt
A.Pledge of Allegiance
B.Roll Call
Attendee Name Title Status Arrived
Craig Mundt Chair Present 6:00 PM
William Smith Vice Chair Present 6:00 PM
William O'Dell Board Member Present 6:00 PM
Edward Lounds Board Member Present 6:00 PM
Charles Grande Board Member Present 6:00 PM
Bobby Hopkins At-Large Board Member Excused 6:00 PM
Robert Lowe At-Large Board Member Present 6:00 PM
Lawrence "Beau" Slay At-Large Board Member Present 6:00 PM
James Taylor At-Large Board Member Present 6:00 PM
Marty Sanders Ex-Officio Board Member Present 6:00 PM
C.Announcements
No announcements.
D.Disclosure(s)
Mr. Smith stated that he had an opportunity to speak with several people in the community regarding
the cell tower.
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2.MINUTES
A.St. Lucie County Planning & Zoning Commission minutes for the meeting of Thursday, January 17, 2019
RESULT: ACCEPTED
3.PUBLIC COMMENT
No public comment.
4.PRESENTATIONS
No Presentations.
5.PUBLIC HEARINGS
A.PLANNING & DEVELOPMENT SERVICES
Leslie Olson, Director of Planning & Development Services, introduced two new staff members to the Planning
and Zoning Commission: Kris McCrain, Associate Planner, and Jodi Nentwick, Senior Planner.
1.Revels PSL
Presented by Kris McCrain, Associate Planner. The applicant, Belinda Strachan, is proposing to open a
special events venue within the St. Lucie Crowne. Plaza, located at 8611 S. US Highway 1 in Port St. Lucie.
The petition for conditional use permit will allow on-premises consumption of beer and wine as accessory
to event function hall, within the CG (Commercial, General) zoning district for property located at 8641-
8643 S. US Highway 1. The subject property is surrounded by the CG (Commercial, General) zoning district
to the north, south and east. The La Buona Vita Mobile Home Park is located to the west of the subject
property and is zoned RMH-5 (Residential Mobile Home - 5du/ac). An ad was placed in the newspaper on
April 5, 2019; a sign was placed on the property and notices were mailed to 176 adjacent property owners
located within the 500 ft. of the subject property; sixteen response forms were received: 5 were in favor,
9 opposed, 2 have no opinion. A neighborhood meeting was scheduled on March 26, 2019; fifty residents
from mobile home park attended.
Staff is recommending approval subject to the following conditions: Hours of operation between 8:00 AM
and 12:00 AM; On-site consumption of beer and wine only; Compliance with St. Lucie County noise
ordinance and No outside activities permitted west of the commercial building.
Applicant presentation: Belinda G Strachan, 933 SW Jaslo Ave, Port St. Lucie, FL 34953 stated that the
building is 3000Sq. ft. consisting of individual rooms utilizing two sono systems for the entire venue (the
largest room is 700 sq. ft.). She presented the actual sono systems that will be utilized in the venue. She
answered various questions regarding the type of meetings/ events to be held.
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RESULT: Mr. Grande motioned that the Planning and Zoning Commission recommend that the Board of
County Commissioners grant approval for the Conditional Use permit subject to the conditions outlined
by planning staff; Mr. Lowe seconded. Motion Passed unanimously.
RESULT: APPROVE
2.Harbour Ridge Clubhouse Tower Conditional Use Permit
Chair Mundt requested a 10-minute recess in order to review additional materials sent to the board
regarding Harbour Ridge Vertex Tower. Mr. Taylor requested to receive emails with additional items as
they are completed. Leslie Olson, Director of Planning and Development Services stated that she will look
into it.
Presentation by Linda Pendarvis, Planning Manager: This is a Telecommunication Tower Siting request for
the development of a 124ft telecommunication tower and associated ground equipment to be located at
12600 Harbour Ridge Blvd, Palm City. The proposed siting location will be on the same property as the
Harbour Ridge Clubhouse that consists of 9.37 acres within the Harbour Ridge Planned Unit Development
(PUD) Zoning District and a future land use designation of RE (Residential Estate). The proposed project
will be designed to accommodate up to four regional wireless telecommunication providers (Verizon,
AT&T, T-Mobile, and Sprint). The tower compound is 2,500 square feet in addition to any required
easements for access, utilities and landscaping. The stated development purpose will provide enhanced
cellular and E911 service to the area. All property owners were notified within 750 ft. radius.
Staff recommends the Planning & Zoning Commission forward a recommendation of approval, contingent
on the BOCC approval of the variance request to allow the provision of wireless services consistent with
federal law.
Presentations were made by the following professionals: Mary Solak, Legal Council for Vertex, 121 S.
Orange Ave. Suite 1500 Orlando, FL; Timothy Powers, President of Harbour Ridge Club and POA, 800 NW
Winters Creek Rd.; George Persot, Principal RF Engineer for AT&T, 777 Squire Drive, Wellington, FL
Howard Allen, RF Engineer for Verizon, 2911 SE Eagle Drive, Port St. Lucie, FL; Alann Ruiz, Principal, Vertex
Development, 405 S Dale Mabry highway #244, Tampa, FL; Gary I. Resnick, Attorney representing St. Lucie
County 401 East Las Olas Blvd. Suite 1000
The following residents of Harbour Ridge Community voiced their concerns and requested that the
Planning & Zoning Commission recommend that the Board of County Commissioners deny this conditional
use request: William Crandle, 12782 NW Mariner Ct.; Laura Dodge, 12772 NW Mariner Ct.; William
Austin, 12771 NW Mariner Ct.; Shirley Robertson, 12769 NW Mariner Ct.; Robert Weissman, 12778 NW
Mariner Ct.; Richard Sayre, 1606 Buttonbush Cir.; Daryl Smith, 12788 NW Mariner Ct.; and David Hill,
12770 NW Mariner Ct.
RESULT: Mr. Lounds made a motion requesting that the Planning & Zoning Commission recommend that
the Board of County Commissioners deny the Conditional Use Permit, Mr. Grande seconded. Motion
passed unanimously.
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RESULT: DENY
6.WORKSHOPS
None.
7.OTHER BUSINESS
None.
8.ADJOURN
There being no further business to be brought before the Board, the meeting was adjourned.
Please Note: Final minutes are recorded in the official minute books that are filed with the Clerk of the Circuit
Court and available for inspection upon request.
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PLANNING AND ZONING COMMISSION
Planning Division Agenda Item Summary
Hearing Date:
Thursday
June 20, 2019
______________________
Applicant
Florida Power & Light Co.
Michael Sole
700 Universe Blvd. JES/JB
Juno Beach, FL 33408
Agent
Gunster Law Firm
Josh Long. AICP
800 S.E, Monterey Commons
Blvd., Suite 200
Stuart, FL 34996
Future Land Use
Agricultural - 5 (AG-5)
Zoning District
AG-5 (Agricultural - 5)
Request
Conditional Use Permit to
construct and operate a solar
generation station
Staff
Jodi Nentwick
Senior Planner
NentwickJ@stlucieco.org
772.462.1580 (direct)
File Number
CU 3201915497
Staff Recommendation
Forward recommendation of
approval to the BOCC as pre-
sented within staff report and
resolution.
Conditional Use Permit
FPL Pelican Solar Energy Center
Solar Generation Station
Project Description
The applicant. Florida Power and Light is
requesting a Conditional Use Permit to allow
for the construction and operation of a 74.5
MW Photovoltaic Solar Center on +/-955
acres of agricultural land located at 6201
Minute Maid Road, approximately 5.6 miles
south of the SR 60 and 122nd Avenue. The
subject property lies outside the urban ser-
vices boundary and is zoned AG-5
(Agricultural –5) which is consistent with the
AG-5 (Agricultural –5) future land use desig-
nation.
The proposed solar generation center is with-
in two (2) miles of an existing FPL transmis-
sion line and will create clean, renewable
energy for converting sunlight via photovol-
taic solar arrays into direct current (DC) elec-
tricity. The zero emission electricity will be
converted into alternating current (AC) utiliz-
ing power inverters and will be carried to the
collector substation where the voltage is
boosted for transmission through the electric
grid. The solar panels stand approximately 2
feet off the ground at their lowest point
and approximately six 6 feet in height at
their highest point. FPL employees do not
report to this location, and maintenance
crews park within the secured fenced area.
The applicant has submitted a petition for
a Major Site Plan in accordance with
LDC, Section 7.10.28, which is currently
under review. Included with this request
are two (2) waivers from the LDC require-
ments pertaining to lot coverage by struc-
tures and perimeter landscape buffers.
The waivers will reviewed through the site
plan process, and a final decision will be
made by the BOCC.
Notice Requirements
A display ad for a public hearing notice in
accordance with LDC, Section 11.00.03
was placed in the St. Lucie News Trib-
une on May 31, 2019. Notices were
mailed to property owners within a 500
foot radius, and a public hearing notifica-
tion sign was installed on the property.
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Planning and Development
Services Department
Planning Division
M E M O R A N D U M
TO: Planning and Zoning Commission
THROUGH: Leslie Olson, AICP, Director
Kara Wood, Planning Consultant Linda Pendarvis, Planning Manager
FROM: Jodi Nentwick, Senior Planner
DATE: June 3, 2019
SUBJECT: FPL Pelican Solar Energy Center – Conditional Use Permit Application
GENERAL INFORMATION:
Applicant: Florida Power & Light Company
Michael Sole 700 Universe Blvd, JES/JB
Juno Beach, FL 33408
Agent for Applicant: Gunster Law Firm
Robert S. Raynes, Esquire
Josh Long, AICP 800 S.E. Monterey Commons Blvd.
Suite 200
Stuart, FL 34996
Location: 6201 Minute Maid Road Parcel ID Number: 1206-501-0017-000-5
Parcel Size: 955 acres Existing Uses: Agricultural Use
Proposed Use(s): Solar Generation Station
Wetlands: Yes
Utilities: Outside the Urban Boundary
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FPL Pelican Energy Solar Center
CU-3201915497 – Conditional Use June 3, 2019
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Land Use and Zoning:
Future Land Use Zoning Existing Land Use
Subject Parcel AG-5 (Agricultural-5) AG-5 (Agricultural-5) Existing Citrus Groves Agricultural
North Indian River County AG-2 (Agricultural-2) Indian River County AG-2 (Agricultural-2) Agricultural
South AG-5 (Agricultural-5) AG-5 (Agricultural-5) Agricultural
East AG-5 (Agricultural-5) AG-5 (Agricultural-5) Agricultural
West AG-5 (Agricultural-5) AG-5 (Agricultural-5) Agricultural
BACKGROUND INFORMATION
The applicant, Florida Power and Light Company (FPL), is requesting a Conditional Use Permit to allow for
the construction and operation of a 74.5 MW Photovoltaic Solar Center on +/-955 acres of agricultural land
located at 6201 Minute Maid Road, approximately 5.6 miles south of SR 60 and 122nd Avenue. The subject
property lies outside the urban services boundary and is zoned AG-5 (Agricultural – 5), which is consistent
with the AG-5 (Agricultural – 5) future land use designation.
The proposed solar generation center is within two (2) miles of an existing FPL transmission line and will
create clean, renewable energy by converting sunlight via photovoltaic solar arrays into direct current (DC)
electricity. This zero emission electricity will be converted into alternating current (AC) utilizing power
inverters and will be carried to the collector substation where the voltage is boosted for transmission through
the electric grid. The solar panels stand approximately two (2) feet off the ground at their lowest point and
approximately six (6) feet in height at their highest point. FPL employees do not report to this location, and
maintenance crews park within the secured fenced area. No water or fuel is needed to operate or maintain
the facility.
The applicant has submitted a petition for a Major Site Plan in accordance to the St. Lucie County Land Development Code, Section 7.10.28, which is currently under review. Included with this request are two (2)
waivers from the Land Development Code requirements pertaining to lot coverage by structures and perimeter landscape buffers. The Conditional Use requires a public hearing before the Planning and Zoning Commission, who will make a recommendation to the Board of County Commissioners (BOCC). The BOCC
will hold a public hearing on the Conditional Use Permit and will take final actions on both petitions. STAFF ANALYSIS
STANDARDS OF REVIEW AS SET FORTH IN SECTION 11.07.03 OF THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE
Land Development Code, Section 11.07.03 establishes the standards for reviewing Conditional Use Permits. In
viewing an application for a Conditional Use Permit, the Board of County Commissioners and the Planning and
Zoning Commission shall consider:
A. CONSISTENCY WITH LOCAL CODE AND COMPREHENSIVE PLAN
Consistency with Land Development Code Regulations 3.01.03 C. 1. The purpose of the Agricultural – 5
district is to provide and protect an environment suitable for productive commercial agriculture, together with
such other uses as may be necessary to and compatible with productive agricultural surroundings. Solar
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FPL Pelican Energy Solar Center
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generation stations are allowed via conditional use permit in the AG-5 zoning as per LDC, Section 3.01.03
C. 7. O. – solar generation station subject to the following requirements in LDC, Section 7.10.28:
1. Physical access to a solar generation station shall be restricted by fencing or walls. Razor wire is
prohibited. All fencing and wall details shall be provided for review and approval as part of the required site plan.
A six (6) foot high fence with one (1) foot of barbed wire will be installed around the perimeter of the property to secure the site. A seven (7) foot high fence with one (1) foot of barbed wire will be installed around the solar collector yard to secure this area.
2. The devices that capture energy and convert it to electricity shall not be placed in wetlands, environmentally sensitive resources or habitats, imperiled and critically imperiled habitats as defined
by the Florida Natural Areas Inventory, and buffers. Any environmental impacts from such devices, or any component of a solar generation stations, shall only be allowed in compliance with the provisions of the County’s Comprehensive Plan and Land Development Code.
The applicant has provided an Environmental Impact Report that has been reviewed by staff. As
depicted on the proposed site plan, the devices will not be placed in any wetland or environmentally
sensitive areas.
3. All devices that capture and cover energy to electricity shall be located at least fifty (50) feet from any lot line under separate ownership, unless otherwise approved by the Board of County Commissioners.
The applicant meets and exceeds the minimum fifty (50) foot setback requirements from any lot line, therefore a waiver is not needed.
Setback-Solar Array Required Provided
Front (West) 50 feet 175 feet
Rear (East) 30 feet 342 feet
Side (South) 20 feet 144 feet
Side (North) 20 feet 3,182 feet
4. The maximum lot coverage by structures, including a solar ground or pole mounted panels, for the zoning district may be waived by the Board of County Commissioners. The approved maximum lot
coverage shall be shown on the site plan and specified in the resolution approving the development.
The applicant has requested a waiver from the 10 percent maximum lot coverage as 30 percent of the
lot is covered by structures. This waiver will be reviewed through the site plan review process and a final decision will be made by the Board of County Commissioners.
5. All solar generation station sites must comply with the landscaping and screening requirements of the Land Development Code. The perimeter buffer landscaping requirements may be waived by the
Board of County Commissioners, if it is shown to the satisfaction of the Commission that the adjoining property owners have no objections to the landscaping waiver. Interior vehicular use area landscaping requirements may be waived by the Commission, to the extent necessary to ensure
optimal solar access. The Board of County Commissioners may require additional landscaping to enhance compatibility with adjacent land uses.
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FPL Pelican Energy Solar Center
CU-3201915497 – Conditional Use June 3, 2019
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The applicant has requested a waiver from the landscaping and screening requirements in the Land
Development Code. To date, there have been no objections from adjoining property owners to the
waiver. The final decision will be made by the Board of County Commissioners.
6. On site power lines shall be placed underground to the maximum extent possible. The facility will interconnect into FPL’s transmission system located two (2) miles north in Indian
River County. The close proximity of the interconnection facilities minimizes the length and potential environmental impacts associated with new rights-of-way for transmission lines to transmit the power generated from the Facility.
Consistency with Comprehensive Plan
The proposed conditional use is not in conflict with St. Lucie County Comprehensive Plan providing development of energy efficient land use patterns as identified within the Western Lands Study.
Policies from the recently adopted St. Lucie County Comprehensive Plan that directly pertain to the proposed conditional use include:
Goal 1.4: Ensure through the Comprehensive Plan the development of energy efficient land use patterns and policies that reduce greenhouse gas emissions through innovative sustainable land planning tools which
discourage urban sprawl, protect native habitat, reduce automobile use, and maintain open space. Objective 1.4.1: Create a sustainable plan for the County's western lands that will preserve and conserve a
functioning network of agriculture, open space, and natural areas while providing economically viable options for agricultural landowners, now and in the future based upon the Western Lands Study.
Policy 1.4.2.4 –The Land Development Code shall maintain appropriate standards for use of alternate, renewable sources of energy including the use of solar panels except in environmentally sensitive areas. The standards are intended to facilitate the commercial generation and distribution of solar power and the use of
on-site solar energy systems to meet the energy demands of buildings and support facilities in the unincorporated County. The County shall review the Land Development Code and consider appropriate standards for the use of other renewable sources.
The solar generation center will provide alternative, clean energy that complies with the goals, policies and objectives of the Comprehensive Plan.
B. EFFECT ON ADJACENT PROPERTIES
The proposed conditional use should not have an undue adverse impact upon nearby properties. The proposed solar generation facility is a low impact use which is compatible with the surrounding uses. The solar arrays have minimal visual impact as they sit approximately two feet off the ground at their
lowest point and approximately six to eight feet in height at their highest point.
A six (6) foot high fence with one (1) foot of barbed wire will be installed around the perimeter of
the property to secure the site. A seven (7) foot high fence with one (1) foot of barbed wire will be installed around the solar collector yard to secure this area. A condition of approval requires that all
exterior lighting be reduced to zero foot candle reading at the property line.
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CU-3201915497 – Conditional Use June 3, 2019
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C. ADEQUACY OF PUBLIC FACILITIES Water/Wastewater
The subject property lies outside the urban service boundary. The proposed solar generation center
is a public utility and therefore does not require water or wastewater service.
Transportation System
A traffic impact report is not required as per LDC, Section 11.02.09 4. A. The applicant has provided
a traffic statement which indicates that the proposed development of the solar generation facility will result in a net decrease in site traffic due to the change in use from agriculture. The expected average trip generation of the facility following buildout is four (4) trips per month for maintenance purposes.
D. ADEQUANCY OF FIRE PROTECTION
The St. Lucie County Fire District, Fire Prevention Bureau has reviewed the proposed conditional use permit in accordance with the provisions of the State Dire Code and has no objection to the
request. St. Lucie Fire Station #7 – 4900 Ft. Pierce Blvd. is located approximately 16 miles to the
southeast. E. ENVIRONMENTAL IMPACT
The Environmental Resource Department determined this application is deficient in its current form, as the
applicant has not submitted a Preserve Area Monitoring and Management Plan (PAMMP) for the 35-acre
forested wetland onsite. ERD has incorporated conditions of approval to defer the PAMMP submittal until after the Planning and Zoning Commission meeting, but prior to the Board of County Commissioners hearing.
The site currently consists of a previously developed agricultural environment, primarily as citrus groves (approximately 813 acres), channelized waterways/canals (90 acres), borrow pits (1 acre), spoil area (2 acres), dykes and levees (14 acres), and mixed forested wetlands (35 acres). The mixed forested wetlands are limited
to a narrow strip located along the eastern property boundary, separated from the site by a large drainage canal and berm, and consists of native plants such as bald cypress, pond apple, and red maple, as well as invasive Brazilian pepper (Category I) and nuisance vegetation, such as Carolina willow and cattail. The surface waters
within the site are comprised of man-made agricultural ditches which ultimately drain to the South Florida Water Management District (SFWMD) C-25 Canal.
During a site visit March 25, 2019, ERD staff confirmed the tree survey accurately identified the five (5) native trees to be preserved onsite: three (3) bald cypress and two (2) cabbage palms. This facility has also
been designed to avoid all impacts to wetlands and surface waters.
The Florida Department of Environmental Protection Environmental Resource Permit and with the submitted
Specific Purpose Wetland Survey and the Environmental Impact Report (EIR) refers to the strip of land along
the east perimeter of the parcel as 35 acre forested, Category 1 wetland. Therefore, a conservation easement and PAMMP will be required, per St. Lucie County’s Comprehensive Plan. The following Comprehensive
Plan Policies concerning wetlands are applicable:
• Policy 6.1.12.8 - All native upland and wetland habitats, including those located within Environmentally Sensitive Areas as defined in this Element, that are required to be preserved as part of a development project shall be protected through a conservation easement or other method
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FPL Pelican Energy Solar Center
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acceptable to the County. The proposed preservation areas shall be designated on all site plan and
permit application materials;
• Policy 6.1.4.13 - All wetlands and adjacent buffers preserved on the development site shall be
protected by a conservation easement that is dedicated to a government agency or other entity acceptable to the Board of County Commissioners. Said conservation easement shall provide for the protection and perpetual maintenance of the wetland and buffer. The proposed preservation area shall be designated on all site plans and application materials;
• Policy 6.1.8.10 - Land use decisions shall consider the effects of development impacts on fish, wildlife and habitat and the cumulative impact of development and redevelopment upon wildlife habitat. In
cases where Federal or State listed species are known to be present, a condition of development
approval will be that if habitat is preserved, a Preserve Area Management Plan be prepared by the applicant, and that it be approved by appropriate state and/or federal agencies prior to initiation of
development. The management plan shall detail the schedule and management methods used to maintain or improve the habitat, the funding mechanism to properly implement the plan over the required period of time, and shall follow the Florida Fish and Wildlife Commission’s
recommendations for managing wildlife listed species when applicable. In addition, this policy shall apply to any species or native habitat the Treasure Coast Regional Planning Council determines to be regionally rare, endangered or threatened with extinction.
In in addition to the above PAMMP a condition of conditional use permit approval will require the applicant to place a conservation easement over the onsite wetland.
Conditions of Approval
Subject to resolution of the findings listed above, the following is a list of conditions of approval:
1) Prior to the Board of County Commissioners hearing, the applicant shall provide a Preserve Area
Monitoring and Management Plan (PAMMP), addressing the required preservation and maintenance within the 35 acre wetland, previously identified within the Environmental Impact Report and
Florida Department of Environmental Protection’s (FDEP) Environmental Resource Permit. This
requirement will be voided if the FDEP determines that wetlands are not present within the proposed development.
2) Prior to issuance of a Vegetation Removal Permit or Exemption, updated species specific surveys shall be provided, including but not limited to gopher tortoises, per appropriate state and federal
protocols.
3) Prior to the issuance of a Vegetation Removal Permit or Exemption, the applicant shall provide
written correspondence from the U.S. Fish and Wildlife Service stating any potential impacts to listed species have been resolved and no formal consultation is required.
4) Prior to issuance of a Vegetation Removal Permit or Exemption, whichever comes first, the developer shall provide an executed Conservation Easement over all onsite wetlands, along with the
approved Preserve Area Monitoring and Management Plan (PAMMP), with an attached affidavit and
cashier's check (payable to the Clerk of the Court for recording fees) to the County Attorney. The applicant shall also provide a georeferenced GIS shapefile or CAD file of the conservation easement
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boundaries to St. Lucie County. This requirement will be voided, if the FDEP determines that
wetlands are not present within the proposed development.
5) Within ninety (90) days of approval, all Category I listed invasive species shall be eradicated from
the site.
NEIGHBORHOOD MEETING & PUBLIC NOTIFICATION The applicant did not hold a neighborhood meeting on the proposed petition, however contact has been made to the adjacent businesses and property owners regarding the intended operation. Although neighborhood
meetings are strongly encouraged, they are not required. Staff provided notification letters to seven (7) owners of property, located within the 500 feet of the proposed
petition, detailing the proposed project. A public notification sign detailing the Planning and Zoning Commission’s Public Hearing was posted on the premises, and an advertisement displayed in the local newspaper.
STAFF RECOMMENDATION
Forward the petition of the proposed Conditional Use Permit for a solar power generation to the Board of County Commissioners with a recommendation for approval, subject to conditions as set forth in the Resolution.
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Resolution No. 19-XXX
CU 3201915497
Page 1
Resolution 19-XXX
File No.: CU 3201915497
A RESOLUTION GRANTING FPL PELICAN SOLAR ENERGY
CENTER A CONDITIONAL USE PERMIT TO ALLOW THE
CONSTRUCTION AND OPERATION OF A 74.5 MW
PHOTOVOLTAIC SOLAR GENERATION CENTER IN THE
AG-5, (AGRICULTURAL – 5) ZONING DISTRICT FOR
CERTAIN PROPERTY LOCATED IN ST. LUCIE COUNTY,
FLORIDA.
WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based on
the testimony and evidence, including but not limited to findings in the staff report and
traffic analysis review, has made the following determinations:
1. Florida Power & Light Company presented a petition for a Conditional Use Permit
to allow for the construction and operation of a 74.5 MW Photovoltaic Solar
Generation Center in the AG-5 (Agricultural – 5) Zoning District for the property
located at 6201 Minute Maid Road as legally described in Paragraph C and
depicted on the attached map as Exhibit “A”.
2. On June 20, 2019 the St. Lucie County Planning and Zoning Commission held a
public hearing on the petition, after publishing notice at least 10 days prior to the
hearing and notifying by mail all owners of property within five hundred (500) feet
of the subject property, and recommended that the Board of County
Commissioners approve/deny request for a Conditional Use Permit.
3. On XXXX, 2019, this Board held a public hearing on the petition, after publishing
a notice at least 10 days prior to the hearing and notifying by mail all owners of
property within 500 feet of the subject property, at which all interested persons
were given an opportunity to be heard.
4. Section 11.07.01C of the St. Lucie County Land Development Code providing
that where a written protest against an application for a Conditional Use Permit is
signed by the owners of fifty (50) percent or more of the area within five hundred
(500) feet of the property affected by the proposed action, any such Conditional
Use Permit shall not be approved except by the favorable vote of four fifths (4/5)
of all of the Board of County Commissioners.
5. The proposed Conditional Use Permit is consistent with the goals, objectives,
and standards of the St. Lucie County Comprehensive Plan and has satisfied the
requirements of 7.10.28 Solar Energy of the St. Lucie Land Development Code.
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6. All reasonable steps have been taken to minimize any adverse effect of the
proposed conditional use on the immediate vicinity through site design,
landscaping screening.
7. The proposed Conditional Use, with conditions therein, will/will not have an
undue adverse effect on adjacent property, the character of the neighborhood,
traffic conditions, parking, utility facilities, or other matters affecting the public
health, safety and general welfare.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St.
Lucie County, Florida:
A. The foregoing findings are hereby approved/denied and adopted by the Board of
County Commissioners of St. Lucie County, Florida:
B. Pursuant to Section 11.07.03 Conditional Uses and Section 7.10.28 Solar Energy
by the Board of County Commissioners, the Conditional Use Permit for Florida
Power and Light Company for the project known as FPL Pelican Solar Energy
Center, as shown on the drawings for the project prepared by Culpepper and
Terpening, Inc. dated April 17, 2019 and date stamped received by the Planning
and Development Services Department on April 24, 2019, is hereby
approved/denied for the property described in Paragraph C, subject to the
following conditions.
1. The conditional use improvements and operational areas shall be consistent
with Resolution No. 19-XXX authorizing Major Site Plan approval in
accordance to Section 11.02.07 Standards for Site Plan of the St. Lucie
County Land Development Code.
2. On-site construction activities and/or repairs to the solar energy facility shall
be restricted to the hours of 7:00 a.m. to 6:00 p.m. on weekdays and 8:00
a.m. to 5:00 p.m. on Saturday.
3. Footcandle readings for all exterior lighting associated with normal
operations of the solar generation center shall be zero (0) at adjacent
property lines. Repairs and maintenance of solar generation center
equipment shall be exempt from this provision.
4. Prior to the Board of County Commissioners hearing, the applicant shall
provide a Preserve Area Monitoring and Management Plan (PAMMP),
addressing the required preservation and maintenance within the 35 acre
wetland, previously identified within the Environmental Impact Report and
Florida Department of Environmental Protection’s (FDEP) Environmental
Resource Permit. This requirement will be voided if the FDEP determines
that wetlands are not present within the proposed development.
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5. Prior to issuance of a Vegetation Removal or Exemption, updated specific
species surveys shall be provided, including but not limited to gopher
tortoises, per appropriate state and federal protocols.
6. Prior to issuance of a Vegetation Removal or Exemption, the applicant shall
provide written correspondence from the U.S. Fish and Wildlife Service
stating any potential impacts to listed species have been resolved and no
formal consultation is required.
7. Prior to issuance of a Vegetation Removal or Exemption, whichever comes
first, the developer shall provide an executed Conservation Easement over
all onsite wetlands, along with the approved Preserve Area Monitoring and
Management Plan (PAMMP), with an attached affidavit and cashier’s check
(payable to the Clerk of Court for recording fees) to the County Attorney.
The applicant shall also provide a georeferenced GIS shapefile for CAD file
of the conversation easement boundaries to St. Lucie County. This
requirement will be voided, if the FDEP determines that wetlands are not
present within the proposed development.
8. Within ninety (90) days of approval, all Category I listed invasive species
shall be eradicated from the site.
C. Legal Description:
The property on which this Conditional Use Permit is being granted is described
as follows:
(AS FURNISHED BY CHICAGO TITLE INSURANCE AGENCY, INC. COMMITMENT
NUMBER 40463)
BLOCKS 15, 16, 17, 18, 19 AND 20, AGRICULTURE PLAT OF FLORIDA MAID
CITRUS GROVE, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT
BOOK 13, PAGE 1, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA.
SAID LANDS BEING A PORTION OF SECTIONS 6 AND 7, TOWNSHIP 34 SOUTH,
RANGE 38 EAST, ST. LUCIE COUNTY, FLORIDA, AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHEAST CORNER OF SAID SECTION 7, TOWNSHIP 34
SOUTH, RANGE 38 EAST; THENCE RUN N00°43'31"E ALONG THE EAST LINE OF
SAID SECTION 7 (ALSO BEING THE EAST LINES OF BLOCK NUMBERS 13 AND 14
OF SAID PLAT BOOK 13, PAGE 1, A DISTANCE OF 2534.64 FEET TO THE
SOUTHEAST CORNER OF BLOCK NUMBER 15 OF SAID PLAT BOOK 13, PAGE 1
AND THE POINT OF BEGINNING; THENCE DEPARTING SAID EAST LINE RUN
N87°40'24"W ALONG THE SOUTH LINE OF SAID BLOCK NUMBER 15 A DISTANCE
OF 5388.60 FEET TO THE SOUTHWEST CORNER OF SAID BLOCK NUMBER 15,
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SAID POINT ALSO BEING ON THE WEST LINE OF SAID SECTION 7; THENCE RUN
N01°28'47"E ALONG THE WEST LINE OF SAID SECTION 7 (ALSO BEING THE
WEST LINES OF SAID BLOCK NUMBER 15 AND BLOCK NUMBER 16 OF SAID
PLAT) A DISTANCE OF 2761.39 FEET TO THE NORTHWEST CORNER OF SAID
SECTION 7 (ALSO BEING THE NORTHWEST CORNER OF SAID BLOCK NUMBER
16; THENCE RUN N00°29'33"E, ALONG THE WEST LINE OF THE
AFOREMENTIONED SECTION 6 (ALSO BEING THE WEST LINES OF BLOCK
NUMBERS 17, 18, 19, AND 20 OF SAID PLAT) A DISTANCE OF 4910.88 FEET TO
THE NORTHWEST CORNER OF SAID BLOCK NUMBER 20; THENCE RUN
S89°28'48"E ALONG THE NORTH LINE OF SAID BLOCK NUMBER 20, A DISTANCE
OF 5371.84 FEET TO THE NORTHEAST CORNER OF SAID BLOCK NUMBER 20
(SAID POINT ALSO BEING A POINT ON THE EAST LINE OF SAID SECTION 6;
THENCE RUN S00°44'40"W ALONG THE EAST LINE OF SAID SECTION 6 (ALSO
BEING THE EAST LINES OF BLOCK NUMBERS 20, 19, 18, AND 17) A DISTANCE
OF 5097.76 FEET TO THE SOUTHEAST CORNER OF SAID SECTION 6 (ALSO
BEING SOUTHEAST CORNER OF SAID BLOCK NUMBER 17); THENCE RUN
S00°43'31"W ALONG THE EAST LINE OF SAID SECTION 7 (ALSO BEING THE
EAST LINES OF SAID BLOCK NUMBERS 16 AND 15) A DISTANCE OF 2744.06
FEET TO THE POINT OF BEGINNING.
SAID LANDS CONTAINING 41,606,944 SQUARE FEET (955.164 ACRES) MORE OR
LESS.
Parcel ID#: 1206-501-0017-000-5 Location: 6201 Minute Maid Road
D. The approvals and authorizations granted by this Resolution are for the purpose
to construct and operate a solar generation center within St. Lucie County, and
are not assigned to any other party or institution. Should the petitioners choose
or decide to assign this operation to another entity or individual, a minor
adjustment to the Conditional Use Permit shall be required.
E. The approvals and authorizations granted by this Resolution shall expire on
_______________, 2020, unless construction of the solar center has begun as
described in Paragraph A above, or an extension has been granted in
accordance with Section 11.07.05(F), St. Lucie County Land Development Code.
F. The Petitioner, Florida Power & Light Company, is advised as part of this
Conditional Use Permit approval for FPL Pelican Solar Energy Center, the
Petitioner shall obtain all applicable development permits and construction
authorizations from the appropriate state and federal and local regulatory
agencies including, but not limited to, the United States Army Corps of
Engineers, the Florida Department of Environmental Protection, and South
Florida Water Management District, and the St. Lucie County Environmental
Resources prior to the commencement of any development activities on the
property described in Paragraph B. Issuance of this permit by the County does
not in any way create any rights on the part of the Petitioner to obtain a permit
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CU 3201915497
Page 5
from a state or federal agency and does not create any liability on the part of the
County for issuance of this permit if the Petitioner fails to obtain requisite
approvals or fulfill the obligations imposed by a state or federal agency or
undertake actions that may result in a violation of state or federal law.
G. The conditions set forth in Paragraph B are an integral non severable part of the
Conditional Use Permit approval granted by this Resolution. If any condition set
forth in Paragraph B is determined to be invalid or unenforceable for any reason
and the Petitioner declines to comply voluntarily with the condition, the
Conditional Use Permit approval granted by this resolution becomes null and
void.
H. A copy of this resolution shall be attached to the Conditional Use Permit site plan
drawings described in Paragraph A. which plan shall be placed on file with the
Planning and Development Services Department.
I. This Order shall become effective upon the date indicated below. An appeal
from the Board of County Commissioners’ action may be processed within thirty
(30) days in accordance with Section 11.11.02.F, of the St. Lucie County Land
Development Code.
J. This Resolution shall be recorded in the Public Records.
After motion and second, the vote on this resolution was as follows:
Linda Bartz, Chair XXX
Cathy Townsend, Vice-Chair XXX
Commissioner Chris Dzadovsky XXX
Commissioner Sean Mitchell XXX
Commissioner Frannie Hutchinson XXX
PASSED AND DULY ADOPTED this XXXX, 2019.
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLOIRDA
BY
Chair
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Resolution No. 19-XXX
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ATTEST: APPROVED AS TO FORM
AND CORRECTNESS:
______________ _____________________
DEPUTY CLERK COUNTY ATTORNEY
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Resolution No. 19-XXX
CU 3201915497
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Exhibit A
Location Map
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Suggested motion to recommend approval/denial of this requested conditional use.
MOTION TO APPROVE:
AFTER CONSIDERING THE TESTIMONY PRESENTED DURING THE PUBLIC HEARING, INCLUDING
STAFF COMMENTS, AND THE STANDARDS OF REVIEW AS SET FORTH IN SECTION 11.07.03, ST.
LUCIE COUNTY LAND DEVELOPMENT CODE, I HEREBY MOVE THAT THE PLANNING AND ZONING
COMMISSION RECOMMEND THAT THE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS
ADOPT A RESOLUTION GRANTING APPROVAL TO THE PETITION OF FPL PELICAN SOLAR ENERGY
CENTER FOR A CONDITIONAL USE PERMIT TO ALLOW FOR THE CONSTRUCTION AND OPERATION
OF 74.5 MW PHOTOVOLTAIC SOLAR GENERATION CENTER IN THE AG-5, AGRICULTRUAL-5
ZONING DISTRICT, BECAUSE... [LIST CONDITION(S)].
MOTION TO DENY:
AFTER CONSIDERING THE TESTIMONY PRESENTED DURING THE PUBLIC HEARING, INCLUDING
STAFF COMMENTS, AND THE STANDARDS OF REVIEW AS SET FORTH IN SECTION 11.07.03, ST.
LUCIE COUNTY LAND DEVELOPMENT CODE, I HEREBY MOVE THAT THE PLANNING AND ZONING
COMMISSION RECOMMEND THAT THE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS
ADOPT A RESOLUTION DENYING THE PETITION OF FPL PELICAN SOLAR ENERGY CENTER FOR A
CONDITIONAL USE PERMIT FOR THE CONSTRUCTION AND OPERATION OF 74.5 MW
PHOTOVOLTAIC SOALR GENERATION CENTER IN THE AG-5, AGRICULTRUAL-5 ZONING DISTRICT,
BECAUSE… [CITE REASON(S) WHY - PLEASE BE SPECIFIC]
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PLANNING AND ZONING COMMISSION
Planning & Development Service Department 772.462.2822
Public Hearing
Date:
June 20, 2019
Location:
City of Fort Pierce
City Hall
(Commission Chambers)
100 N. U.S. Highway 1
Ft Pierce, Florida 34950
Time:
6:00 PM
Applicant
Florida Power and Light
Co.
Michael Sole
700 Universe Blvd. JES/JB
Juno Beach, FL 33408
Agent
Gunster Law Firm
Robert Raynes, Esq. and
Josh Long, AICP
800 S.E. Monterey Com-
mons
Boulevard, Suite 200
Stuart, FL 34996
Property Location
6201 Minute Maid Road
Existing Zoning District
AG-5, Agricultural – 5
Future Land Use
AG-5, Agricultural – 5
Staff Recommendation
Forward recommendation
of approval to the Board
of County Commissioners
PUBLIC HEARING NOTICE
Thursday, June 20, 2019
Florida Power and Light Company
Conditional Use Permit
You are receiving this notice
because you are a property owner
within 500 feet of the proposed
petition.
Public Hearing Description
Florida Power and Light Company is
requesting Conditional Use Permit
approval in the AG-5, Agricultural - 5
zoning district to construct and operate
a 74.5 MW Photovoltaic Solar Center
containing approximately 300,000 solar
panels on a +/- 955 acre parcel located
south of the St. Lucie/Indian River
County Line, east side of 122nd Ave-
nue, SW, northeast of the Florida Turn-
pike (5821 Minute Maid Road).
The applicant has filed a concurrent
petition for a Major Site Plan that is
currently under review by the Planning
Division. The Board of County
Commissioners shall take final action
on both petitions (Conditional Use
Permit and Major Site Plan) at a future
public meeting date.
The St. Lucie County Planning and
Zoning Commission has the power to
review and recommend to the Board of
County Commissioners for approval or
disapproval, any applications within their
area of responsibility.
All interested persons will be given an
opportunity to be heard. Written
comments to the Planning and Zoning
Commission should be received by the
Planning and Development Services
Department (PDS), Planning Division at
least 3 days prior to the scheduled
hearing. Further details are available in
the PDS Department, Planning Division -
please contact:
Staff Jodi Nentwick, Senior Planner
Phone 772-462-1580
Email NentwickJ@stlucieco.org
Mail 2300 Virginia Avenue
Fort Pierce, Florida 34982
«CuO1LastName»,
«CuO1FirstName»
«CuOStreet1» «CuOStreet2»
«CuOCity», «CuOState»,
«CuOPostal»
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1
ParcelID CuO1LastName CuO2LastName CuOStreet1 CuOCity CuOStateCuOPostal
1112-111-0002-000-2 Greene Groves and Ranch Ltd 2075 38th AVE Vero Beach FL 32960
1206-111-0001-000-3 Sunbreak Farms LLC FL Conservancy/Development Gp 5101 Minute Maid RD Fort Pierce FL 34945
1205-111-0001-000-0 Southeast Invest Of PBC Inc 8219 Sawpine Rd Delray Beach FL 33446
1206-501-0017-000-5 Evans Properties Inc 660 Beachland Blvd Ste 301 Vero Beach FL 32963
1206-501-0003-000-4 Lakewood Park Farm LLC 1291 Hwy 258 N Kinston NC 28504
PIN 33383200000500000001 Southeast Invest Of PBC Inc 8219 SAWPINE RD Delray Beach FL 33446
PIN 33383100000500000001 Florida Power & Light 700 UNIVERSE BLVD JUNO BEACH FL 33408 Juno Beach Fl 33408
ownersMailout Page 36 of 171
Revised March 17, 2011
Section 11.07.01(C) of the St. Lucie County Land Development Code provides that where a written
protest against an application for a Conditional Use Permit is signed by the owners of fifty (50) percent
or more of the area within five hundred fifty (500) feet of the property affected by the proposed action,
any such Conditional Use Permit shall not be approved except by the favorable vote of four fifths (4/5) of all of the Board of County Commissioners.
Please Return This Form To: St. Lucie County Planning & Dev. Serv. Dept. -Planning Div. ATTN: Jodi Nentwick 2300 Virginia Avenue, Ft. Pierce, FL 34982 Email NentwickJ@stlucieco.org or Fax (772) 462-1580
Please check only one of the three following statements, and return by: June 17, 2019. Forms returned
without a name and address will not be considered. All returned forms are a matter of public record and
available for viewing upon request. Please attach additional pages with comments if necessary.
I AM IN FAVOR OF THE PROPOSED CONDITIONAL USE ___
I AM NOT IN FAVOR OF THE PROPOSED CONDITIONAL USE ___
I HAVE NO OPINION ABOUT THE PROPOSED CONDITIONAL USE ___
I certify that as of the date written below, I am a property owner within 500 feet of the proposed Conditional
Use. Please note that any form returned without a name and address will not be considered.
Name (Please Print): ____________________________________________________
Address: ____________________________________________________
____________________________________________________
Date: _ _____ Signature: __________________________
Please call, Jodi Nentwick, Project Manager at (772) 462-1580 or email, NentwickJ@stlucieco.org if you have any questions.
PLANNING AND DEVELOPMENT
SERVICES DEPARTMENT
Planning Division
CONDITONAL USE REPONSE FORM
Project Description: To allow for the construction of a 74.5 MW Photovoltiac Solar Center
containing approximately 300,000 solar panels on a +/- 955 acre parcel
located south of the St. Lucie/Indian River County Line, east side of
122nd Avenue, SW, northeast of the Florida Turnpike.
Project Location: 6201 Minute Maid Road, Fort Pierce, Florida 34945
Current Zoning: AG-5, Agricultural - 5 File No.: CU-3201915497
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ST.LUCIE COUNTY PLANNING ANDZONINGCOMMISSION
PUBLIC HEARINGAGENDA
Thursday,June20,2019
NOTICE OF PROPOSEDCONDITIONAL USE PERMIT
TheSt.Lucie CountyPlanningand ZoningCommission is scheduled to
review andmakerecommendations regarding the following item petitioned by
the applicant foradoptionby the Board of County Commissionersof St.Lucie
County,Florida,byResolution.
A RESOLUTION OF THEBOARD OF COUNTY COMMISSIONERSOFST.
LUCIECOUNTYFOR A CONDITIONAL USE PERMITTO CONSTRUCTAND
OPERATE A 74.5MW PHOTOVOLTAICSOLAR ENERGY FACILITY INTHE
AG-5 (AGRICULTURAL–5)ZONINGDISTRICT ONA+/-955 ACRESOFLAND
SITUATED IN ST.LUCIE COUNTY,FLORIDA.
APPLICANT/OWNER:Florida Powerand Light Company
FILE NUMBER:CU3201915497
PURPOSE:To allowfor the construction and operation of a 74.5
MWPhotovoltaicSolar Energy Facility on +/-955
acresof land located on the southside of St.Lucie/
Indian RiverCounty Line,east sideof 122nd Avenue,
SW,northeastof the Florida Turnpike (6201 Minute
Maid Road).
ZONING:AG-5,Agricultural –5
PARCEL IDNUMBERS:1206-501-0017-000-5
The Planning and Zoning Commissionpublic hearingon this item will be held in
the City of Fort PierceCityHall,Commission Chambers,100N.U.S.Highway 1,
FortPierce,Florida on Thursday,June 20,2019 beginning at6:00 p.m.or as soon
thereafteraspossible.
Allinterestedpersonswillbe givenan opportunityto be heard.Written comments
received inadvance of the publichearing will also be considered.Written
commentsto the Planning and Zoning Commissionshould be received by the
Planning and DevelopmentServicesDepartment -PlanningDivision at least 3
daysprior to the scheduled hearing.The petition fi leisavailable for review at the
Planning and DevelopmentServicesDepartment officeslocated at2300Virginia
Avenue,2nd Floor,FortPierce,Florida,duringregular business hours.Please
call (772)462-2822orTDD(772)462-1428 if you have anyquestions or require
additionalinformation.
The St.Lucie County Planning andZoningCommission hasthepowerto review
and recommend to the St.Lucie CountyBoard of County Commissioners,for
approval or disapproval,any applicationswithintheir areaof responsibility.
The proceedingsof the Planning andZoningCommission areelectronically
recorded.PURSUANT TO Section 286.0105,Florida Statutes,if a person
decidesto appeal any decision madeby thePlanningand Zoning Commission with
respectto anymatter considered at a meeting or hearing,heorshe will need a
record of the proceedings.Forsuch purpose,he or shemay need to ensure that a
verbatim recordof the proceedings is made,whichrecord includes the testimony
and evidenceuponwhichtheappeal is to be based.Upon the request of any party
to the proceeding,individualstestifying during a hearing will be sworn in.Anyparty
to the proceeding will begrantedan opportunityto cross-examine any individual
testifyingduring a hearinguponrequest.If it becomes necessary,apublic hearing
may becontinued to a date-certain.
Anyone with a disability requiring accommodation to attend this meeting should
contact the St.Lucie County Community Risk Manger at least forty-eight (48)hours
prior tothemeetingat(772)462-1546 or T.D.D.(772)462-1428.Any questions
about this agendamaybe referredto St.Lucie County Planning Divisionat(772)
462-2822.
PLANNING AND ZONING COMMISSION/
LOCAL PLANNING AGENCY
ST.LUCIE COUNTY,FLORIDA
/S/CRAIG MUNDT,CHAIRMAN
PUBLISH DATE:FRIDAY,MAY31,2019
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FPL Pelican Solar ‐ CU‐3201915497
06‐03‐2019
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FPL Pelican Solar CU‐3201915497
06‐03‐2019
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LEGAL DESCRIPTION
(AS FURNISHED BY CHICAGO TITLE INSURANCE AGENCY, INC. COMMITMENT NUMBER 40463)
BLOCKS 15, 16, 17, 18, 19 AND 20, AGRICULTURE PLAT OF FLORIDA MAID CITRUS GROVE, ACCORDING
TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 13, PAGE 1, OF THE PUBLIC RECORDS OF ST. LUCIE
COUNTY, FLORIDA.
SAID LANDS BEING A PORTION OF SECTIONS 6 AND 7, TOWNSHIP 34 SOUTH, RANGE 38 EAST, ST. LUCIE
COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHEAST CORNER OF SAID SECTION 7, TOWNSHIP 34 SOUTH, RANGE 38 EAST;
THENCE RUN N00°43'31"E ALONG THE EAST LINE OF SAID SECTION 7 (ALSO BEING THE EAST LINES OF
BLOCK NUMBERS 13 AND 14 OF SAID PLAT BOOK 13, PAGE 1, A DISTANCE OF 2534.64 FEET TO THE
SOUTHEAST CORNER OF BLOCK NUMBER 15 OF SAID PLAT BOOK 13, PAGE 1 AND THE POINT OF
BEGINNING; THENCE DEPARTING SAID EAST LINE RUN N87°40'24"W ALONG THE SOUTH LINE OF SAID
BLOCK NUMBER 15 A DISTANCE OF 5388.60 FEET TO THE SOUTHWEST CORNER OF SAID BLOCK
NUMBER 15, SAID POINT ALSO BEING ON THE WEST LINE OF SAID SECTION 7; THENCE RUN N01°28'47"E
ALONG THE WEST LINE OF SAID SECTION 7 (ALSO BEING THE WEST LINES OF SAID BLOCK NUMBER 15
AND BLOCK NUMBER 16 OF SAID PLAT) A DISTANCE OF 2761.39 FEET TO THE NORTHWEST CORNER OF
SAID SECTION 7 (ALSO BEING THE NORTHWEST CORNER OF SAID BLOCK NUMBER 16; THENCE RUN
N00°29'33"E, ALONG THE WEST LINE OF THE AFOREMENTIONED SECTION 6 (ALSO BEING THE WEST
LINES OF BLOCK NUMBERS 17, 18, 19, AND 20 OF SAID PLAT) A DISTANCE OF 4910.88 FEET TO THE
NORTHWEST CORNER OF SAID BLOCK NUMBER 20; THENCE RUN S89°28'48"E ALONG THE NORTH LINE
OF SAID BLOCK NUMBER 20, A DISTANCE OF 5371.84 FEET TO THE NORTHEAST CORNER OF SAID BLOCK
NUMBER 20 (SAID POINT ALSO BEING A POINT ON THE EAST LINE OF SAID SECTION 6; THENCE RUN
S00°44'40"W ALONG THE EAST LINE OF SAID SECTION 6 (ALSO BEING THE EAST LINES OF BLOCK
NUMBERS 20, 19, 18, AND 17) A DISTANCE OF 5097.76 FEET TO THE SOUTHEAST CORNER OF SAID
SECTION 6 (ALSO BEING SOUTHEAST CORNER OF SAID BLOCK NUMBER 17); THENCE RUN S00°43'31"W
ALONG THE EAST LINE OF SAID SECTION 7 (ALSO BEING THE EAST LINES OF SAID BLOCK NUMBERS 16
AND 15) A DISTANCE OF 2744.06 FEET TO THE POINT OF BEGINNING.
SAID LANDS CONTAINING 41,606,944 SQUARE FEET (955.164 ACRES) MORE OR LESS.
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Page 1
FPL Pelican Waiver Supplement
Waiver Submittal Type
Landscape Requirements for Solar Generation (LDC 7.10.28.A.1.e)
Justification
a. Summarize any extraordinary hardships or practical difficulties which may result
from strict compliance with the LDC regulations.
RESPONSE: The FPL Pelican Solar Energy Center (“Facility”) is a
photovoltaic solar center which is incompatible with tree canopy shade. The
Facility is located in in a very remote agricultural portion of the County.
Providing additional landscape and buffering is not necessary as there are no
adjacent or planned residential or commercial projects that require buffering.
b. Verify that the intent of the Regulations will be served to a greater extent through
the implementation of the alternative proposal.
RESPONSE: In 2010 St. Lucie County was certified as a Florida Green Local
Government (Gold Level). The County Commission has adopted a
‘Greenprint” which sets forth a County-wide goal to support energy
conservation and clean energy alternatives. Landscaping helps eliminate
greenhouse gases and solar energy also helps eliminate greenhouse gases
by producing clean, zero-emission energy. The amount of CO2 emissions
eliminated each year by one 74.5 MW photovoltaic solar center is equivalent
to the CO2 produced by 15,000 cars.
The Facility will not impact the aesthetic character of surrounding property.
Therefore, the intent of the regulations will be served.
c. Substantiate that approval of the waiver will not be detrimental to the public
interests.
RESPONSE: The Facility is located on existing agricultural land and is
located in a very remote, agricultural section of the County. There are no
planned or approved residential or commercial projects in the area. The
existing natural vegetation along the boundary of the property should be
significant enough to shield the panels from adjacent properties. The solar
panels will stand approximately two feet off the ground at their lowest point
and will be approximately six to eight feet in height at their highest point and
do not produce a glare or reflection.
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Page 2
d. Confirm that the approval of the waiver will not nullify the intent of the Regulations
RESPONSE: The Facility is a photovoltaic solar center which is incompatible
with tree canopy shade. The Facility is located in a very remote agricultural
portion of the County. Providing landscape and buffering is not necessary as
there are no adjacent or planned residential or commercial projects which to
buffer and solar energy production helps eliminate greenhouse gases, which
is also one of the intents of landscaping.
WPB_ACTIVE 9282493.1
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FPL Pelican Waiver Supplement
Waiver Submittal Type
Lot Coverage Requirements for Solar Generation (LDC 7.10.28.A.1.d)
Justification
a. Summarize any extraordinary hardships or practical difficulties which may result
from strict compliance with the LDC regulations.
RESPONSE: The FPL Pelican Solar Energy Center (“Facility”) is a
photovoltaic solar center that will utilize over 300,000 solar panels. The solar
panels must cover a large area in order for the Facility to achieve its purpose
(i.e., provide 74.5 MW of solar energy) and to be cost effective. If the Facility
complied with the open space requirements, a much larger site would be
required; thereby, increasing the overall land disturbance. A waiver from the
open space requirements allows the Facility to be designed to minimize land
disturbance and maximize efficiency of the solar production center.
b. Verify that the intent of the Regulations will be served to a greater extent through
the implementation of the alternative proposal.
RESPONSE: In 2010 St. Lucie County was certified as a Florida Green Local
Government (Gold Level). The County Commission has adopted a
‘Greenprint” which sets forth a County-wide goal to support energy
conservation and clean energy alternatives. Lot coverage regulations are
typically implemented to prohibit excessive impervious development.
Impervious development typically includes concrete, asphalt or structures
that do not allow water percolate into the ground.
The panels for the Facility cover a large amount of land, however they do not
require footers, which maximizes the amount of pervious area. In fact, 98% of
the site will remain pervious. The only impervious portions of the Facility
include the solar collector yard, access paths and inverter pads.
c. Substantiate that approval of the waiver will not be detrimental to the public
interests.
RESPONSE: The Facility produces clean, zero-emission energy which, based
on the aforementioned County ‘Green’ initiatives, is not detrimental to the
public’s interest. Furthermore, 98% of the site will remain pervious after
development of the Facility.
d. Confirm that the approval of the waiver will not nullify the intent of the Regulations
RESPONSE: The waiver will not nullify the intent of the Regulations; lot
coverage regulations are typically implemented to prohibit excessive
impervious development. The panels for the Facility cover a large amount of
land; however, they do not require footers which preserves the perviousness
of the site.
WPB_ACTIVE 9282555.1
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Page 1
FPL Pelican Conditional Use Standards Reply Letter
11.07.03. - Standards for Review of Conditional Use Permit.
A conditional use permit shall be granted only if the applicant demonstrates the
following:
A. Consistency With Local Code and Comprehensive Plan. The proposed conditional
use is in compliance with all requirements, and is consistent with the general
purpose, goals, objectives, and standards of this Code, the St. Lucie County
Comprehensive Plan, and the Code of Ordinances of St. Lucie County; and is in
compliance with all additional standards imposed on it by the particular provisions of
this Code authorizing such use.
REPLY: The Facility will provide alternative, clean energy that complies
with the goals, objectives and policies set forth in the County’s
Comprehensive Plan and Land Development Code. Specifically, Goal IV of
the County’s ‘Greenprint’, which is cited in the County’s Conservation
Element and was adopted by the Board of County Commissioners in July
2009 to outline the County’s vision for a sustainable community. Goal IV
strives to “support energy conservation and clean energy alternatives.”
B. Effect on Adjacent Properties.
1. The proposed conditional use will not have an undue adverse effect upon
nearby property.
REPLY: The proposed Facility is a low impact use which is compatible
with the agricultural uses of nearby properties. The solar panels do not
produce any sound. The only sound associated with the Facility will be
from the inverters and transformers which produce a very minimal level of
sound, all within the limits of County regulations. There are no odors,
traffic impacts or other nuisances associated with the proposed Facility.
The only traffic associated with the Facility is for maintenance personnel.
There is no density or intensity associated with the Facility.
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Page 2
2. The proposed conditional use is compatible with the existing or planned
character of the neighborhood in which it would be located.
REPLY: The existing land use pattern for the area is Agriculture, which
provides for low impact uses compatible with the operations of a solar
center. The only traffic to and from the site is for routine maintenance.
By nature, photovoltaic solar facilities are passive, quiet, low traffic
generating uses, which are compatible with agriculture uses.
3. All reasonable steps have been taken to minimize any adverse effect of the
proposed conditional use on the immediate vicinity through building design, site
design, landscaping, and screening.
REPLY: The proposed Facility will create minimal impact to the
surrounding area; that is, it is a passive facility located on existing
agricultural land in a remote agricultural area of the County. The solar
panels sit approximately two feet off the ground at their lowest point and
are approximately six to eight feet tall at their tallest point. Additionally,
the existing natural vegetation around the boundary of the site should
provide enough natural landscaping to buffer the panels from adjacent
properties. The property is within 2 miles of an existing FPL transmission
line, which minimizes the length and impact of additional infrastructure
needed to transmit power generated by the Facility.
4. The proposed conditional use will be constructed, arranged, and operated so as
not to interfere with the development and use of neighboring property, in
accordance with applicable district regulations.
REPLY: The existing land use pattern for the area is Agriculture, which
provides for low impact uses compatible with the operations of a solar
center. Solar facilities are very quiet, low traffic generating uses that are
compatible with surrounding agriculture uses. The solar panels emit no
sounds, odors or chemicals. The solar panels stand approximately two
feet off the ground at their lowest point and are approximately six to
seven feet in height at their highest point and do not produce a glare or
reflection. The only sound associated with the Facility will be from the
inverters and transformers which produce a minimal level of sound that is
within the limits of County regulations.
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Page 3
C. Adequacy of Public Facilities. The proposed conditional use will be served by
adequate public facilities and services, including roads, police protection, fire
protection, solid waste disposal, water, sewer, drainage structures, parks and mass
transit.
REPLY: While the Facility is a public utility, no electrical, water or sewer
public facility will be required to serve the site.
D. Adequacy of Fire Protection. The applicant for the proposed conditional use has
obtained from the St. Lucie County - Fort Pierce Fire Prevention Bureau written
confirmation, or has otherwise demonstrated by substantial credible evidence, that
water supply, evacuation facilities, and emergency access are satisfactory to
provide adequate fire protection.
REPLY: A Site Plan review application will be submitted to the St. Lucie
County Fire District.
E. Environmental Impact. For developments required to provide an environmental
impact report under Section 11.02.09(A)(5), the proposed conditional use will not
contravene any applicable provision of the St. Lucie County Comprehensive Plan,
or of Chapter VIII, "Natural Environment Analysis", of the St. Lucie County Barrier
Island Study Analysis of Growth Management Policy Plan, Kimley-Horn and
Associates, Inc. (August 1982).
REPLY: All required environmental permits necessary for the Facility will
be obtained. Additionally, the Facility has been designed in accordance
with all state and local stormwater regulations.
WPB_ACTIVE 9282525.1
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ENVIRONMENTAL IMPACT REPORT
FPL PELICAN SOLAR ENERGY CENTER
ST. LUCIE COUNTY
MAJOR SITE PLAN APPLICATION
DRC Pre-App No: 1220185421
Florida Power & Light Company
March 2019
(revised April 2019)
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Environmental Impact Report
FPL Pelican Solar Energy Center
SLC DRC Pre-App No: 1220185421
Table of Contents
1.0 Project Introduction ........................................................................................................................ 1
2.0 Project Area Description ................................................................................................................. 1
2.1 Soils ............................................................................................................................................... 1
2.2 Habitat/Vegetative Communities ................................................................................................... 2
3.0 Wetlands and Surface Waters within the Project Area ................................................................ 2
4.0 Threatened and Endangered Species ............................................................................................ 3
Tables
Table 2-1 - NRCS Mapped Soils within the Project Area…………………………………………………………..1
Table 4-1: Federal and State Listed Species with the Potential to Occur within the Project Area…………….3
Attachments
Attachment A – Figures
Attachment B – Tree Survey
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FPL Pelican Solar Energy Center
SLC DRC Pre-App No: 1220185421
1
1.0 Project Introduction
Florida Power & Light Company (FPL) is proposing to construct and operate a new 74.5 megawatt (MW) solar
photovoltaic energy facility known as the FPL Pelican Solar Energy Center. The project is located on 955.16
acres of agricultural lands, approximately 5.6 miles south of the SR 60 and 122nd Avenue intersection in St.
Lucie County (SLC), Florida (Attachment A, Figure 1). The FPL Pelican Solar Energy Center will comprise
solar photovoltaic modules with inverters, transformers, collector lines, collector yard, unpaved access
pathways, and a perimeter security fence. The project has been designed to minimize ground disturbance by
installing solar arrays without requiring fill material or significant topographic grading, and construction of at-
grade access pathways. The purpose of this report is to document potential impacts to existing natural
resources within the project area, including vegetation, listed wildlife species and their habitat, in accordance
with SLC Land Development Code (LDC) 11.02.09(A)(5).
2.0 Project Area Description
The FPL Pelican Solar Energy Center consists of a previously developed agricultural environment, with
minimal to moderate habitat for listed species within and immediately adjacent to the project boundary. The
site primarily comprises disturbed uplands developed as citrus groves, and is bordered by agricultural
development and drainage flow-ways. Mixed forested wetlands are located along the eastern property
boundary, and surface waters within the site comprise man-made agricultural ditches which ultimately drain
to the SFWMD C-25 Canal.
2.1 Soils
Based on the Natural Resources Conservation Service (NRCS) Soil Survey, mapped soil types within the site
are classified in Table 2-1, and shown in Figure 2. All mapped soil types are classified as hydric, and are
characterized as poorly drained sandy soils. However, historic soil conditions within and adjacent to the
project have been disturbed by agricultural development.
Table 2-1: NRCS Mapped Soils within the Project Area
Soil Name Hydric Rating
Chobee Loamy Sand, Depressional, 0 to 1 Percent Slopes Yes
Riviera Fine Sand, 0 to 2 Percent Slopes Yes
Riviera Sand, Depressional, 0 to 1 Percent Slopes Yes
Wabasso Fine Sand, Gravelly Substratum Yes
Basinger and Myakka Sands, Depressional Yes
Wabasso Sand, 0 to 2 Percent Slopes Yes
Winder Loamy Sand Yes
Winder Sand, Shell Substratum Yes
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FPL Pelican Solar Energy Center
SLC DRC Pre-App No: 1220185421
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2.2 Habitat/Vegetative Communities
An environmental resource assessment of the property was conducted by qualified scientists in June 2017
and November 2018. Based on desktop GIS analysis and field verification, a Florida Land Use, Cover, and
Forms Classification System (FLUCCS) map was prepared, and is provided in Attachment A, Figure 3.
The subject property is bordered on all sides by agricultural development. An unpaved road (122nd Avenue
Southwest) runs along the western boundary of the site.
Uplands on the subject property consist entirely of developed or disturbed areas, primarily citrus groves
(approximately 813 acres). The citrus trees are planted in a typical row pattern, alternately separated by
harvesting access rows and drainage/irrigation rows. A tree survey consistent with SLC LDC 11.02.09.i
(as applicable per LDC 6.00.05.D) was also conducted for the project site (Attachment B). The survey
identifies five native trees on the site: three bald cypress (Taxodium distichum), and two cabbage palms
(Sabal palmetto). Project development will not impact these trees, and they will remain in place. Other
than the citrus trees, cypress and cabbage palms, vegetation mainly comprises ruderal grasses and forbs
such as cogon grass (Imperata cylindrica), bahia grass (Pasplaum notatum), various panic grasses (Panicum
spp.), beggarticks (Bidens alba), and primrose willow (Ludwigia sp.). Citrus trees cover the vast majority
of the property, with the exception of a maintenance yard in the southeastern quadrant of the property.
There are also non-native, invasive Washington fan palms (Washingtonia robusta) located within the spoil
area in the southwest quadrant of the property.
Natural wetlands on the site are limited to a narrow strip along the eastern property boundary (approximately
35 acres), which is separated from the remainder of the site by a large drainage canal and berm. These
wetlands are classified as Category I for St. Lucie County per the County Comprehensive Plan Policy
6.1.14.1. This area is vegetated with bald cypress (Taxodium distichum), pond apple (Annona glabra),
Carolina willow (Salix caroliniana), red maple (Acer rubrum), Brazilian pepper (Schinus terebinthifolius), and
cattail (Typha sp.). Surface waters, in the form of man-made agricultural ditches, comprise approximately 90
acres within the subject property. Vegetation within these ditches consists mostly of invasive or nuisance
plants such as cattail (Typha sp.), primrose willow, water lettuce (Pistia stratiotes), and torpedograss
(Panicum repens).
3.0 Wetlands and Surface Waters within the Project Area
The presence of wetlands was determined in accordance with Chapter 62-340, Florida Administrative Code
(F.A.C.), and the 1987 U.S. Army Corps of Engineers (USACE) Field Guide for Wetland Delineation and its
Atlantic and Gulf Coastal Plain regional supplement. The locations of wetlands and surface waters are
depicted on Figure 3 (Attachment A). Man-made surface waters (ditches) encompass approximately 90
acres. These features are considered state and federally jurisdictional.
The facility has been designed to avoid all impacts to wetlands and surface waters. An existing upland berm
and lateral ditch (No. 7) separates the wetland flow-way from proposed development by more than 100 feet,
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FPL Pelican Solar Energy Center
SLC DRC Pre-App No: 1220185421
3
exceeding the minimum 50-foot buffer required by County policy. Existing pathways within the site will be
used where feasible to minimize the need for ditch crossings. Additionally, the PV arrays are sited to avoid
impacts to larger irrigation ditches. Several cross drain culverts are located within the project area and provide
connectivity to the flow-ways east and west of the project site, with ultimate discharge to the C-25 Canal.
4.0 Threatened and Endangered Species
The subject property does not intersect critical habitat for any federally listed species. The property was
evaluated for listed species known or likely to occur based on the presence of potential suitable habitat and
known occurrences of those species. Listed species considered were those listed by U.S. Fish and Wildlife
Service (USFWS) and the Florida Fish and Wildlife Conservation Commission (FWC) as threatened,
endangered, or as a species of special concern.
During the field reviews, the potential for listed species to occupy or use the habitats found on the subject
property was further evaluated based on the direct or indirect observations of species presence (i.e., tracks,
burrows, etc.) and habitat conditions. Based on these available data, a total of seven listed wildlife species
were identified as either known to occur or potentially occurring within the facility area (see Table 4-1 below).
No listed plant species have the potential to occur within the facility area.
Table 4-1: Federal and State Listed Species with the Potential to Occur within the Project Area
Scientific Name Common Name Listing
Status
Likelihood of
Occurrence
Reptiles
Drymarchon corais couperi Eastern Indigo Snake FT Low
Gopherus polyphemus Gopher Tortoise ST Low
Birds
Mycteria americana Wood Stork FT Moderate
Rostrhamus sociabilis plumbeus Everglade Snail Kite FE Moderate
Polyborus plancus audobonii Audubon’s Crested Caracara FT Moderate
Egretta caerulea Little Blue Heron ST Moderate
Egretta tricolor Tricolored Heron ST Low
Note: FT = Federally-designated Threatened; FE = Federally-designated Endangered; ST = State-designated Threatened
Sources: USFWS. 2018. ECOS; FWC. December 2018. Florida's Endangered and Threatened Species; FNAI. 2018. Biodiversity
Matrix
Eastern Indigo Snake (Drymarchon corais couperi)— Listed as a threatened species by USFWS. This
distinctive large, black snake occurs in suitable habitats throughout Florida. It has a wide range of habitat
preferences and prey species and requires large tracts of land for survival. Often considered as a gopher
tortoise commensal, it can be found in xeric habitats but also uses more mesic or wetland habitats for foraging.
No occurrences of eastern indigo snakes were found within 1 mile of the site in FNAI records, and neither the
snake nor gopher tortoise burrows were observed during field assessments. Placement of the solar array on
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FPL Pelican Solar Energy Center
SLC DRC Pre-App No: 1220185421
4
the site will not preclude indigo snakes from utilizing the site, as groundcover vegetation will be maintained
beneath the panels. As such, no adverse effects to the snake are anticipated.
Gopher Tortoise (Gopherus polyphemus)— Listed as threatened species by the FWC and a candidate
species for listing by USFWS. They are typically found within upland habitats with well-drained, sandy soils,
which are not prevalent within the facility area. Gopher tortoise burrows are used by a number of other listed
and non-listed wildlife species. The gopher tortoise has a low potential to occur within the facility area.
However, no gopher tortoise burrows were observed during the various field assessments; therefore, impacts
to this species are not expected due to limited suitable habitat. Additional surveys will be conducted prior to
construction; and should burrows be identified, appropriate conservation measures and/or a relocation permit
will be obtained from FWC.
Wood Stork (Mycteria americana)—Federally listed threatened species. The wood stork is a large,
predominately white, long-legged wading bird. Wood storks typically nest colonially in medium to tall trees
that occur in stands located either in swamps or on islands surrounded by relatively broad expanses of open
water. Typical foraging sites for the wood stork include fresh- water marshes, depressions in cypress heads,
swamp sloughs, managed impoundments, stock ponds, shallow seasonally flooded roadside or agricultural
ditches, narrow tidal creeks, or shallow tidal pools. The project site intersects three core foraging areas (an
18.6-mile buffer surrounding each active wood stork nesting colony), including Cypress Creek-Bluefield Road,
Wabasso, and Pelican Island. However, the onsite drainage ditches are too deep to provide suitable foraging
habitat for this species, as they prefer shallow waters between two to 15 inches in depth. No wood storks
were observed foraging within the subject property during the field assessment, and no impacts to this species
will occur as a result of the project.
Everglade Snail Kite (Rostrhamus sociabilis plumbeus)—Federally endangered species. This is a medium-
sized hawk uniquely adapted for a diet almost exclusively of freshwater apple snails (Pomacea paludosa).
Foraging occurs in wetlands and waterbodies with sufficient hydroperiod to support their prey. Nesting
typically occurs in long-hydroperiod wetland shrub communities separated from uplands by at least 500 feet.
The subject property is located within the USFWS consultation area for the snail kite and is in proximity to
designated critical habitat. One adult snail kite was observed foraging on the subject property during the field
assessment, and two additional birds were observed foraging along the access road entering the property.
However, the subject property does not contain suitable nesting habitat for this species, and although the snail
kite may forage within the ditches development of the site will not preclude this species from using the site for
foraging because all surface waters will remain intact. Therefore, there are no adverse impacts anticipated
for the Everglade snail kite.
Audubon’s Crested Caracara (Polyborus plancus audobonii)—Federally listed threatened species. This large
raptor has a head crest, heavy bill, elongated neck, and long legs. Critical habitat has not been designated
for the caracara; however, the caracara prefers habitats that contain largely short-stature vegetation with a
low density of trees that can be used for nesting. Historically, caracaras inhabited native dry or wet prairies
containing scattered cabbage palms, their preferred nesting tree. Scattered saw palmetto (Serenoa repens),
low-growing oaks (Quercus spp.), and cypress also occur within these native communities. Over the last
century, many native prairie vegetation communities in Central and South Florida have been converted for
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FPL Pelican Solar Energy Center
SLC DRC Pre-App No: 1220185421
5
cattle ranching and have been replaced by improved and unimproved pasture dominated by nonnative, sod-
forming grasses. The subject property is located within the USFWS consultation area for the caracara.
Caracaras are now known to occur primarily within pasture, because the vegetation structure of this habitat
type is similar to that of native prairies. Although caracaras might be found in the general vicinity, the subject
property contains very limited nesting habitat for this species. No caracaras were observed on the subject
property during the initial field review. However, because there is limited foraging and nesting habitat within
and immediately adjacent to the site, a formal survey according to USFWS protocol was conducted during
the 2018 nesting season (January through April). Although adult caracara were observed flying across the
project area, no caracara nests were observed on or off-site during this survey. Additional surveys are
currently being conducted (January through April 2019) to ensure no nests are present within or adjacent to
the site, and we are closely coordinating with USFWS.
Little Blue Heron and Tricolored Heron (Egretta caerulea and E. tricolor)— State-threatened wading bird
species. These herons can be found in suitable wetland habitats throughout Florida. Foraging occurs in
shallow freshwater, brackish, and saltwater habitats. Both species breed in colonial nesting sites with other
wading and water bird species. These species may use the existing agricultural ditches for foraging, although
no herons were observed during the field assessment. The FWC Breeding Bird Atlas does not contain any
records of these birds breeding in the vicinity of the subject property. Because the surface waters will remain
intact, no adverse impacts to the little blue heron or the tricolored heron will occur as a result of the proposed
development.
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Environmental Impact Report
FPL Pelican Solar Energy Center
SLC DRC Pre-App No: 1220185421
ATTACHMENT A
Figures
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Project Boundary
St Lucie County Boundary
^_
Figure 1: Site LocationPelican SolarS 6&7/ T34S / R38 ESt. Lucie County, Florida ±Date: 2/20/2019 Page 83 of 171
0 500 1,000Feet
Figure 2: FLUCFCS MapPelican SolarSt. Lucie County, Florida
±
211, Agriculture Citrus Groves, 813 ac
512, Channelized Waterways/Canals, 90 ac
630, Wetland Forested Mixed, 35 ac
742, Borrow pits, 1 ac
743, Spoil Area, 2 ac
747, Dykes and Levees, 14 ac
Project Boundary Date: 3/6/2019 Page 84 of 171
0 500 1,000Feet
Figure 3: Soil MapPelican SolarSt. Lucie County, Florida ±Date: 3/6/2019
Chobee loamy sand, depressional, 0 to 1 percent slopes
Riviera fine sand, 0 to 2 percent slopes
Riviera sand, depressional, 0 to 1 percent slopes
Wabasso fine sand, gravelly substratum
Wabasso sand, 0 to 2 percent slopes
Winder loamy sand
Winder sand, shell substratum
Project Boundary
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FPL Pelican Solar Energy Center
SLC DRC Pre-App No: 1220185421
ATTACHMENT B
Tree Survey
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kimley-horn.com 101 East Silver Springs Boulevard, Suite 400, Ocala, Florida 34470 352 438 3000
To:Jodi Nentwick
Senior Planner
St. Lucie County Planning Division
From: Nicholas J. Mora, P.E.
Kimley-Horn and Associates, Inc.
Date: June 11, 2019
Re:Pelican Solar Energy Center
Review of Traffic Impact Statement
Kimley-Horn has reviewed the Traffic Impact Statement (dated March 12, 2019) prepared by Culpepper &
Terpening, Inc related to the above-mentioned project.The subject project is generally located south of
the St. Lucie/Indian River County Line, north of Florida’s Turnpike, and west of Minute Maid Road. The
proposed development program encompasses a 965-acre solar energy generation center. Access to
the site will be via Minute Maid Road at Orange Avenue.
The subject project is anticipated to generate the following amount of net new external trips during
construction of the facility (approximately 8 months):
· 232 Daily trips
· 12 AM peak hour trips
· 12 PM peak hour trips
The subject project is anticipated to generate approximately 4 net new external trips per month for
maintenance purposes following construction.
We have no further comments for the applicant. Thank you for the opportunity to assist St. Lucie County
in reviewing this project. Please contact me if you have any questions or need additional information.
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ITEM NO.(ID # 2019-39153)
DATE:6/20/2019
AGENDA REQUEST
TO:Planning and Zoning Commission
PRESENTED BY:Leslie Olson, Planning & Development Services Director
SUBMITTED BY:Planning & Development Services
SUBJECT:Electronic Signage
BACKGROUND:
The purpose of the workshop to review the St. Lucie County sign code relating to electronic signage.
The County's sign ordinance currently does not allow changeable signs. This item was presented to the Board
of Commissioners Informal Meeting on October 8, 2018. There was a consensus that more information
should be provided about other cities' requirements for changeable signs.
PREVIOUS ACTION:
N/A
FINANCIAL IMPACT:
N/A
RECOMMENDATION:
Discussion only, no formal recommendation at this time.
COMMISSION ACTION:
RESULT:
MOVER:None
SECONDER:None
AYES:None
NAYS:None
EXCUSED:None
Coordination/Signatures
Date: June 17, 2019
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Linda Pendarvis, Development Review Coordinator
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Planning & Design Review of
Illuminated & Electronic Signs
Martin Rendl Associates July 2013
Page 108 of 171
TABLE OF CONTENTS
EXECUTIVE SUMMARY i
ACKNOWLEDGMENT iii
1.0 INTRODUCTION AND PURPOSE 1
2.0 WHAT IS AN ELECTRONIC SIGN ?2
2.1 Electronic Message Centre 2
2.2 Digital Signs 4
2.3 Projected Image Sign 8
3.0 POTENTIAL IMPACTS OF ELECTRONIC SIGNS 10
4.0 JURISDICTIONAL COMPARISON 11
4.1 Electronic Signs 11
4.2 Street Furniture 18
5.0 ILLUMINATED & ELECTRONIC SIGN WORKSHOP 22
6.0 ILLUMINATED SIGNS AND THE QUALITY OF LIFE IN
RESIDENTIAL AREAS 24
6.1 Residential Sign Districts 24
6.2 Relationship Between Sign Illumination
and the Quality of Life in Residential Areas 24
6.3 Toronto’s Illuminated Sign Regulations 26
6.4 Options for Residential Areas 26
7.0 RECOMMENDATIONS 28
7.1 Illuminated Signs 28
7.2 Electronic Signs in Street Furniture 29
7.3 Electronic Message Centre Sign 29
7.4 Projected Image Sign 30
7.5 Electronic Static Copy Sign 31
7.6 Electronic Moving Copy Sign 32
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EXECUTIVE SUMMARY
City of Toronto Council in 2010 passed a new Sign By-law for the City of Toronto (Municipal
Code, Chapter 694). It contains regulations governing the location of various types of
electronic signs across Toronto. The Sign By-law also establishes illumination controls for all
types of signs including signs in residential areas.
This study reviews issues related to illuminated and electronic signs that have arisen since
2010. A series of recommendations deal with measures and potential revisions to the Sign
By-law related to electronic sign matters and illuminated signs in residential areas.
RECOMMENDATIONS
1. Illuminated Signs
a) Revise the maximum illumination level for signs to 300 nits between sunset
and sunrise.
b) Revise the maximum level for light trespass to 3.0 lux above ambient light
levels when measured at a distance of 10 metres from the illuminated sign.
2. Electronic Sign in Street Furniture
a) Apply the following requirements in the City’s street furniture agreement
for any electronic sign installed in a transit shelter:
(i) Display only electronic static copy with an 8 to 10 second message
duration, 1.0 second transition with no visible effects;
(ii) Maximum illumination from sunset to sunrise equivalent to the
illumination of non-electronic advertising signs in the transit shelter
or 3.0 lux above ambient light conditions, whichever is less;
3. Electronic Message Centre Sign (Readograph Copy)
(a) Permit electronic message centre signs (signs containing readograph copy
that is changed electronically) only on signs associated with schools, places
of worship, libraries, community centres, nursing homes and hospitals
when located in a Residential Sign District.
(b) Set a 20 minute minimum message display time for readograph copy.
(c) Prohibit the display of any visible effects during the message transition
including motion, fading or flashing.
(d) Prohibit the illumination of an electronic message centre between 9:00
p.m. and 7:00 a.m.
Planning & Design Review of Illuminated & Electronic Signs i
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4. Projected Image Sign
Projected image signs be limited to first party signs where approved through a
Signage Master Plan or by a special event permit issued by the City of Toronto.
5. Electronic Static Copy Sign
(a) Permit first party signs to display electronic static copy in a Commercial (C)
Sign District and an Employment (E) Sign District subject to:
(i) The maximum sign area for static electronic copy be:
•30% of a wall sign up to a maximum of 3.0 square metres;
•50% of a ground sign up to a maximum of 5.0 square metres;
(ii) The static electronic copy be displayed for a minimum of 20 minutes;
(iii) A maximum message transition of 1.0 second with no display of
visual effects during the message transition including motion, fading
or flashing;
(iv) Located a minimum of 60 metres from an intersection;
(v) Located a minimum of 60 metres from a residential sign district or
dwelling unit;
(vi) Located a minimum of 300 metres from any other electronic copy
sign.
(b) Permit third party signs to display static electronic copy in a Commercial
(C) Sign District, an Employment (E) Sign District, and a Utility (U) Sign
District subject to:
(i) The sign is located a minimum of 60 metres from an intersection;
(ii) The sign is located a minimum of 60 metres from an R, RA, CR, I, or
OS Sign District;
(iii) The sign’s electronic copy does not face any open space, institutional
or residential premise that is located within 250 metres radius of the
sign;
(iv) The sign is located a minimum of 500 metres from any third party
sign containing electronic copy;
(v) The sign is located a minimum of 150 metres from any third party
advertising sign that does not display electronic copy
6. Electronic Moving Copy Sign
Retain the current regulations governing electronic moving copy signs and
include the requirement that the signs be subject to a signage master plan,
where permitted.
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ACKNOWLEDGMENT
This study benefitted from the comments and advice provided by an external advisory
group. The contribution of the following workshop participants is gratefully acknowledged.
Carl Blanchaer, Principal, WZMH Architects
Harold Madi, Partner, the Planning Partnership
Brad Golden, Brad Golden & Co.
Ian Chodikoff, Director, Urban Health & Design, Farrow Partnership Architects
Pina Petricone, Principal, Giannone Petricone Associates Inc. Architects
Tony Volpentesta, Partner, Bousfields Inc.
Planning & Design Review of Illuminated & Electronic Signs iii
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Air Canada Centre and Maple Leaf Square
1.0 INTRODUCTION AND PURPOSE
Electronic signs are increasingly being located on buildings and property in Toronto.
Alongside this, City Council earlier in
2013 considered a proposal to
incorporate electronic signs and
displays into transit shelters. They
are one element of Toronto’s Street
Furniture program along with litter
receptacles, benches, and
information columns.
The growth of electronic signs is a
trend in signage driven by the
adoption of new electronic display
technologies and products by sign
companies.
This trend also marks a new
direction in the kinds of signs seen
across the City. It introduces a new factor potentially affecting the visual character of areas in
the City.
Toronto City Council in July 2012 directed staff to study the impact of signs containing
electronic sign copy and report back to City Council. In February 28, 2013, the Planning and
Growth Management Committee requested staff to report on the impact of illuminated signs
on the quality of life in residential areas and recommendations for illuminated signs in
residential areas.
The purpose of this study is to review:
•The potential opportunities for the location of these electronic signs as well as analyze
their potential impacts on the public realm;
•The impact of illuminated signs on the quality of life in residential areas.
This study and other related work on electronic signs will contribute to the development of
new regulations for electronic signs in the City of Toronto Sign By-law. This work will also
inform how electronic signs and displays could be incorporated in transit shelters in the City
of Toronto’s Street Furniture program.
Planning & Design Review of Illuminated & Electronic Signs 1
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2.0 WHAT IS AN ELECTRONIC SIGN ?
The term electronic sign as used in this report, refers to a sign that uses electronic hardware
and software to display its copy, messages or images. This is in contrast to traditional non-
electronic signs where the copy displayed is physically applied to the sign surface by printing,
painting or otherwise attaching it onto the sign. The material or substrate to which the copy
is applied is typically paper, wood, plastic or the wall of a building.
Electronic signs can be grouped into three categories: electronic message centres, digital signs,
and projected image signs.
2.1 Electronic Message Centre
These are sometimes also referred to as readograph signs and are the oldest example of an
electronic sign with changeable copy.
Electronic message centres often replace the manually changeable copy portion of signs. The
software controlling what is displayed can generate visual effects such as scrolling messages,
moving patterns, flashes, and varying brightness.
The benefit of an electronic message centre is it enables the sign owner to easily change the
basic information displayed on the sign. These message changes can be controlled from a
remote location providing the owner with greater versatility and flexibility in the management
of the sign.
The simplest example of this type of electronic
sign consists of a matrix display of LEDs (Light
Emitting Diodes) controlled by software which
forms words, numbers, or simple graphics. The
display is generally one colour (red, amber,
white LEDs) and low resolution due to the
coarse pixel pitch of the LED display matrix. A
tighter pixel pitch results in higher resolution
and a clearer sign.
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Time & Temperature Board
LED Electronic Message
Centre in a Ground Sign
MTO COMPASS Sign
These types of electronic displays first found use as time and temperature signs. LED displays
allowed for the changes in the time and temperature numbers to be electronically linked
directly to the sign and automatically displayed.
While LED readograph boards are the most common hardware used in electronic message
centres, higher resolution digital displays are also used. The higher technical capability of these
types of displays provides the sign owner with more opportunities for the type and quality of
sign copy displayed.
Electronic message centres are most commonly
implemented as one part of a permanent sign such as a
ground sign, however they can be the entire sign where
appropriate or permitted.
Electronic message signs are also used in
freeway traffic management. The changeable
message signs used by the Ministry of
Transportation (MTO) in the Highway 401
COMPASS system in Toronto use amber LEDs
linked to a central MTO operations centre to
provide information and updates to motorists.
Messages displayed on these freeway signs
include advice on adverse traffic conditions
ahead, information on diversions, the distance
to upcoming exits, and other traffic related
messages for drivers.
Planning & Design Review of Illuminated & Electronic Signs 3
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Digital Sign
Front Street at John Street
2.2 Digital Signs
The sign industry uses the term digital sign with reference to an electronic sign that consists
entirely of a high definition electronic display. As with all electronic signs, the hardware
displaying the sign’s copy or content is operated by software located on-site or from a remote
operations centre located off-site.
Digital signs share the same LCD, LED
or plasma screen technologies as
domestic flat screen televisions and
computer monitors. Accordingly, this
type of sign can display the identical
programming and digital content in
high definition and millions of colours.
The content or creative copy displayed
on a digital sign is fully changeable. It
can be displayed in a static manner as
a sequence of individual slides
displayed for a fixed interval as in a
slide show. Alternatively, the copy can
be displayed dynamically with full
motion or animation in the form of a
short commercial or video.
Most municipalities only permit third party advertising sign or billboards to be digital signs, not
first party signs.
The Outdoor Advertising Association of America commits in its Code of Industry Principles that
messages “on standard-size digital billboards will be static messages and the content shall not
include animated, flashing, scrolling, intermittent or full motion video elements (outside
established entertainment areas).” Most of the digital billboards in major cities display only
static images that change at different intervals.
The brightness of the sign copy on digital signs can be set within specific limits and can be
adjusted based on the time of day or night as well as ambient light conditions such as a cloudy
day or bright sunlight.
The steady decline in hardware costs combined with higher quality displays are two factors
that have supported the growth in the use of digital displays in signs in recent years.
Planning & Design Review of Illuminated & Electronic Signs 4
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Interior AdvertisingRestaurant Menu PanelArrivals Board in Airport Terminal
Digital Billboard
The growth of digital signs can be seen in various indoor and outdoor applications across
Toronto.
Examples of interior digital signs include flight information in airport terminals, menu boards
in restaurants and in store advertising, building directories, public information signs, and way
finding signs.
The most common current outdoor uses of digital signs are the billboards operated by the
major out of home advertising companies such as Astral Out-of-Home, Pattison Outdoor, and
CBS Outdoor.
These digital signs are either new installations
or replacements of previous traditional
billboards.
Billboards tend to be the largest and highest
signs in Toronto. They are usually located
along highly traveled corridors at highly
visible locations. These locations rely on high
volumes of pass-by traffic to maximize the
potential that the advertising on the
billboard will be seen by as many persons as
possible.
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Dundas Square Digital Billboard Along Gardiner Expressway
Roy Thomson Hal
King & Simcoe Streets Bay Street Digital Ground SignFirst Canadian Place
King & Bay Streets
In Toronto, digital billboards tend to be concentrated along the Gardiner Expressway, around
Dundas Square and in other locations in the Downtown. Digital billboards are less common
outside the Downtown.
First party digital signs in Toronto are generally limited to major sports and cultural venues or
tourist destinations like the Air Canada Centre, Roy Thomson Hall and the CN Tower. There are
also several digital signs in the Downtown associated with major office buildings. Some of
these digital signs also display third party advertising.
Interactivity
Smartphones give their users the capability for real-time interactions with digital media
including signs. This mobile technology gives digital signs expanded possibilities for advertisers
to connect consumers with their brand and marketing campaigns at street level.
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Touch Screen Display
QR Code in Bus Shelter Ad
Ricoh Eco Board, London
Times Square, New York City LA Live, Los Angeles
For example, QR codes
increasingly appear in
advertising displayed in public
places. When the QR code is
scanned by a smartphone, the
consumer receives additional
information or is connected to
the advertiser’s website. Some
street furniture programs
incorporate touch sensitive
screens which support full interactivity with a user, similar to the
user interface of computer tablets.
Sustainability
Large scale digital signs that focus on sustainability have
started to appear in the marketplace. Since 2010, Ricoh has
installed electronic signs that are 100% solar powered in New
York’s Times Square and in Sydney. The Ricoh Eco Board in
London is powered by a mix of wind and solar power.
Place Making & Branding
Some cities have designated specific areas where signage is
deliberately encouraged to be a dominant factor in place
making, branding, and setting the area’s visual character.
Electronic signs are seen as key elements contributing to the
look and vibrancy of these areas as well as complementing
the uses and activities in the areas.
Dundas Square is a local Toronto example of such a special sign district. Times Square in New
York and LA Live in Los Angeles are two other examples.
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Projected Image Sign
Projected Image Sign
Sydney Opera House During Vivid Sydney
2.3 Projected Image Sign
A projected image or projection sign is text or
other content that is projected onto a surface by
a projector. The surface on which the projected
copy or image is displayed is typically a building
wall, the ground, floor, street or sidewalk.
The Toronto Sign By-law does not permit sign
copy to be projected onto any surface.
Projected image signs are not widely used, likely
because of their inherent operational and
logistical limitations.
Since their visibility depends on darkness or low light, they generally are not used outdoors
during the day. Large projected image signs need to have the projector located a large distance
away on a property not associated with the
property where the image sign is displayed.
Obtaining permission from several property
owners to locate the projector and use a building
for the sign may not always be possible.
Laser projectors can project images either onto a
surface or display the image as a light show in
open space. The American Airlines logo appears
to float in mid air over Los Angeles in the example
on the right.
Projected images in outdoor settings are often part of a larger cultural or artistic event that
runs for a limited period of time. In Toronto, such images can be excluded from the scope of
the Sign By-law when associated with a special event or function which has been granted
approval by the City’s Economic Development and Culture Division.
Vivid Sydney is a good example of such an special
event. During this 18 day event, Sydney Australia
becomes a canvas for creative light installations
and projections.
The Sydney Opera House becomes a spectacular
projection screen for graphics and laser light
shows. These light installations in Sydney and
elsewhere, are often linked with musical or other
performances.
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These examples from cultural events and
non-commercial artistic installations
illustrate the potential to use the same
display technology for projected image
signs and advertising.
Generally, these kinds of advertising signs
are not permanent installations. They are
used for short term visual and marketing
impact. Accordingly, projected image signs
in advertising usually advertise the launch
of a new product or mark a unique event
like the Olympics or other milestone
events.
For example, in 2011 for the 125th
anniversary of Coca Cola, Coke’s head
office in Atlanta was draped on all four
sides with a white material to function as
a screen onto which images and videos
were projected at night.
Planning & Design Review of Illuminated & Electronic Signs 9
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Glare and Light Trespass
from Electronic Sign
3.0 POTENTIAL IMPACTS OF ELECTRONIC SIGNS
The arrival of electronic signs in cities has initiated discussion about their suitability for
different areas of a community. The potential impact of electronic signs on their surroundings
and the public realm has also been part of these discussions.
This interest in electronic signs in cities is partly due to the fact that they are a new type of sign
being introduced into communities. It also arises from the acknowledgment that the electronic
display technology - the hardware - used in these signs creates potential issues of impact and
visual character that are not present in or different from those associated with the traditional
non-electronic signs in cities.
In this regard, when municipalities have updated their sign regulations to deal explicitly with
electronic signs, one or more of these issues have arisen:
•Identifying appropriate locations to place
electronic signs;
•Determining what types of signs can be
electronic signs;
•Addressing sign brightness and glare in relation
to the sign’s surroundings, other illuminated
signs, the night sky and light pollution;
•Avoiding light trespass and overspill of the sign’s
illumination onto nearby properties and
sensitive uses;
•Setting times when electronic signs should be
turned on or off;
•Assessing the impact of electronic signs on
views, the look, character and quality of the
public realm;
•Distraction for drivers created by the sign and
changing messages.
Municipalities use various controls to mitigate the impacts of electronic signs in their
communities. Methods used by municipalities in their sign regulations include:
•Limiting the location of signs to specific areas or land uses;
•Limiting the number or type of electronic signs;
•Setting minimum separation distances between electronic signs and sensitive land uses
such as residential, open space, institutional;
•Setting minimum separation distances between electronic signs and other electronic
signs;
•Setting times when electronic signs must be turned off or not display any copy, i.e., go
dark;
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•Controlling whether the copy displayed is static or dynamic;
•Controlling the time interval between changes in the sign’s copy;
•Setting maximum luminance levels for the sign’s brightness, including different levels
for day and night or types of land use; and,
•Setting maximum illuminance levels for the sign’s surroundings associated with the
light emitted by the electronic sign.
The extent to which municipalities use any of these methods varies as does how the particular
method is implemented in each community. This is to be expected since the priorities and
expectations on sign related issues vary with each community.
4.0 JURISDICTIONAL COMPARISON
A comparative context for Toronto is found in how other municipal jurisdictions have
addressed the impacts of illuminated and electronic signs (a) when they are a sign located on
a building or private property, and (b) when they are an element of street furniture.
4.1 Electronic Signs
The arrival of electronic signs in communities has led many cities to assess electronic signs and
adopt regulations in their sign by-laws to address their use.
A scan of other major cities provides an overview of the approaches taken to regulate
electronic signs that are located on buildings and private property. The regulations adopted
address the impact of electronic signs by dealing with three areas: (a) location controls, (b)
brightness, and, (c) display characteristics.
For the majority of municipalities, electronic signs consist primarily of electronic message
boards in first party signs and digital billboards with third party advertising. Outside of
electronic message boards, very few municipalities allow a first party sign to be an electronic
sign consisting of a digital display.
Municipalities generally limit electronic signs to specific land use zones (e.g., commercial,
industrial) and/or specific parts of the city (e.g., entertainment districts, downtown locations).
As with most types of commercial signs, electronic signs (except for electronic message
centres) are not permitted in residential areas. Additional controls such as minimum distance
separations from residential areas or residential dwelling units address the impact of electronic
signs on residential uses. Some cities apply additional restrictions between electronic signs and
sensitive uses such as parks, open space and institutional uses.
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Table 1 contains a summary of the areas and land use districts where electronic signs are
permitted. Generally, they tend to be located in commercial or industrial areas, or in special
districts within a downtown.
Table 1: Areas Where Electronic Signs are Permitted
Toronto •Limited to Dundas Square Special Sign District and Gardiner Gateway
Special Sign District
•Other locations have been approved as individual amendments to the
sign by-law
Ottawa •Commercial and industrial zones
Winnipeg •Commercial and industrial zones
Saskatoon •Commercial and industrial zones
Edmonton •Discretionary use in most commercial and industrial districts
Calgary •Discretionary use in most commercial and industrial districts
Vancouver •Limited to an area on Granville Street
•Majority of existing electronic signs are digital billboards located on
lands outside the city’s jurisdiction to regulate (i.e., First Nations,
Federal or Provincial lands)
In Calgary and Edmonton, electronic signs are a discretionary or conditional use. They are
approved by a development permit in compliance with a land use or zoning by-law.
The development permit system is a flexible approval process that gives these Alberta
municipalities greater discretion about where electronic signs are located and how they
operate. It allows an application for the proposed sign to be evaluated within the context of
its surroundings along with consideration of specific circumstances that are relevant to the
approval of the electronic sign including imposition of conditions to mitigate specific impacts.
This discretion is exercised by municipal staff in their review and approval of the application
for an electronic sign. The application of discretion is done by staff and does not require the
review or approval of a municipal council or other committee.
The City of Toronto Sign By-law is a by-law passed under Section 8(2) of the City of Toronto Act.
The application of discretion regarding signs in Toronto is exercised: (a) through delegation of
the authority to grant variances to staff and the Sign Variance Committee, under certain
conditions; (b) by City Council through the by-law amendment process as outlined in
procedures established by the by-law; and, (c) through the Signage Master Plan provisions of
the Sign By-law which provide a method for varying the sign regulations for a specific context
or type of development.
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Table 2 outlines the types of specific restrictions on electronic signs. These generally relate to
spacing between signs and setbacks from traffic intersections or sensitive land uses such as
pubic parks and residential areas.
Table 2: Location Restrictions for Electronic Signs
Toronto •Permitted in Dundas Square Special Sign District and Gardiner
Gateway Special Sign District
•Other locations approved individually as amendments to sign by-law
Ottawa •100 m setback from street intersection
•300 m setback from other digital billboards, parks, open space,
environmental protection zones
•150 m setback from a billboard sign
•300 m setback from each vertical edge and 30 m radius setback from:
properties zoned residential, institutional; designated heritage
properties, Parliamentary Precinct, Confederation Square, Rideau
Canal
•500 m setback from listed major roadways and designated village
•15 m setback from a ground sign
Winnipeg •100 m setback from pedestrian crosswalk or traffic signals
•Cannot face an adjacent residential use unless it is not visible from
the residential use
•Minimum 250 m separation from public park
•Minimum 150 m separation from an historic building or hospital
•Minimum 500 m separation from any other billboard on the same
street facing the same direction of traffic
Saskatoon •Minimum 15 m from a residential zone
•200 m from another billboard facing the same direction on the street
Edmonton •Cannot be located to obscure a driver decision point
•Located so illumination does not project onto any surrounding
residential premises
•Cannot be located facing a residential use
•Minimum separation between electronic signs and billboards varies
from 100 m to 323 m depending on size of electronic sign
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Table 2: Location Restrictions for Electronic Signs
Calgary •Prohibited if sign copy is visible from 42 listed streets
•Prohibited if within 450 metres of natural areas, listed major parks,
escarpments and riverbanks
•Prohibited on a utility right-of-way
•Prohibited if electronic sign is visible from a building containing a
dwelling unit and the electronic sign is located less than 125 metres
from a building containing a dwelling unit
•Located a minimum of 30 m from an intersection
•Located a minimum of 30 m from a freestanding sign facing the same
oncoming traffic
•Located a minimum of 300 m from any other electronic sign facing
the same oncoming traffic
•Located a minimum of 75 m from any third party advertising sign
facing the same oncoming traffic and no more than two third party
advertising signs within 225 m radius
•Setbacks from street line increase as posted speed limit increases
•Development permit issued for period not exceeding three years
•Must be removed upon the expiry of its development permit if a
development permit is approved for a freestanding sign within 30 m
Seattle •Minimum 35 feet from any other sign using video
•If located 50 feet of a lot in a residential zone, video display is to be
oriented so no portion is visible from a principal structure on that lot
Phoenix •Minimum 100 feet setback from another sign, traffic lights or
crosswalk
•Minimum 100 feet setback from a residential zone
San Antonio •Minimum 2,000 feet from another sign on the same side of the road
Atlanta •For a changing sign, minimum 5,000 feet from another changing sign
on the same side of the road if visible, or on a highway
Boston •Minimum 150 feet setback from a residential zone
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Table 3 summarizes the controls placed on electronic signs with respect to static or animated
copy, the manner in which images change, and other parameters related to the image or copy
displayed on the sign.
Table 3: Restrictions on Type of Display
Toronto •Minimum 10 second dwell time
•Maximum 1 second transition
•No transition effects
Ottawa •Minimum dwell time of 10 seconds for any image
•No use of animation, video, movement, flashing effects, odours,
gases, pyrotechnics or interactive devices
•Maximum one second transition time between images with no
transition effects
•No display of sequential images or messages that form one
continuous advertisement on the same sign or more than one sign in
a row
Winnipeg •Static images only
•Minimum 6 second dwell time
•Maximum 0.25 seconds transition time
•Electronic message centre: minimum 60 seconds dwell time in
residential zone
Regina •Animation and illumination permitted on all signs in all zones
•Illumination is to be directed away from any adjacent residential
premise
•No illumination shall impede vehicular traffic or interfere with traffic
signals
Saskatoon •Minimum 6 second dwell time
Edmonton •Minimum 6 second dwell time
•Minor digital sign: static images only
•Major digital sign (up to 12 square metres): moving effects and video
permitted
Calgary •Static copy only, no full motion video
•Minimum 6 second dwell time for any image
•Maximum 0.25 second transition between images
•No visible effects in transition
•No display of copy as sequential messages on a single sign or
multiple signs
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Table 3: Restrictions on Type of Display
Seattle •Minimum 20 seconds of a still image or blank screen after every
video message
•Maximum 2 second transition time
Phoenix •Minimum 8 second dwell time
San Antonio •Minimum 10 second dwell time
•Maximum 1 second transition time
Atlanta •Minimum 10 second dwell time
•Maximum 2 second transition time
Sign brightness and its impact on surrounding uses is a key issue with illuminated and
electronic signs. Table 4 contains an overview of the kinds of illumination regulations major
cities apply to electronic signs.
Table 4: Restrictions on Illumination of Electronic Signs
Toronto •No sign can be illuminated between 11 p.m. and 7 a.m. unless located
in Special Sign Districts where electronic signs are permitted
•Maximum luminance 5,000 nits between sunrise and sunset
•Maximum luminance 500 nits between sunset and sunrise
•Luminance of sign shall not increase light levels within 10 metres of all
points of the electronic sign face by more than 6.5 lux above the
ambient light level
•Light from sign cannot project onto any adjacent premises located in a
residential, residential-commercial, or open space sign district
Ottawa •Maximum 6,000 cd/m2 between sunrise and sunset
•Maximum 220 cd/m2 between sunset and sunrise
•Brightness level cannot be more than 0.3 foot candles above ambient
light conditions
Winnipeg •Maximum brightness level of 0.3 foot candles above ambient light
conditions
Edmonton •Maximum 400 nits between sunset and sunrise
• Sign brightness cannot exceed 0.3 foot candles above ambient light
conditions between sunset and sunrise
•Signs abutting natural areas or public parks shall be de-energized
between 12:00 a.m. and 5:00 a.m.
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Table 4: Restrictions on Illumination of Electronic Signs
Calgary •Maximum 7,500 nits between sunrise and sunset
•Maximum from sunset to sunrise: 500 nits in industrial districts, 350
nits in mixed use districts, 300 nits in all other land use districts
•Electronic sign cannot increase the light levels adjacent to the
electronic sign by more than 3.0 lux above the ambient light level
Surrey •Maximum 280 nits between sunset and sunrise
Vancouver •Limited to an area on Granville Street
•Majority of existing electronic signs are digital billboards located on
lands outside the city’s jurisdiction (i.e., First Nations, Federal or
Provincial lands)
Seattle •Maximum 500 nits from dusk to dawn
Phoenix •Maximum 300 nits from dusk to dawn
Boston •Maximum 500 cd/m2 at night
•Electronic signs can only operate between 7:00 a.m. and 2:00 a.m.
The illumination controls in Table 4 address one or more of the following aspects of the
illumination of an electronic sign:
•Maximum luminance (the amount of light leaving the source i.e., emitted by the light
source) measured in candelas per square metre (cd/m2) or nits (1 nit = 1 candela per
square metre);
•Maximum illuminance (the amount of light falling on a surface such as the ground)
measured in footcandles or lux (1 footcandle =10.7 lux, 1 lux = 0.09 footcandles).
The light emitted by a typical desktop computer monitor is between 50 to 300 nits.
The outdoor light level on a clear day is approximately 10,000 lux while night under a full moon
is approximately 0.1 lux. Indoor light levels can range from 500 to 1,000 lux or more depending
on the activity.
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Digital Column Montreal
4.2 Street Furniture
Astral Out-of-Home (Astral) has a 20 year contract with the City of Toronto to provide signage
on street furniture across the City. Toronto’s street furniture program includes a wide range
of structures such as transit shelters, benches, litter bins, public toilets, information pillars and
other elements. The street furniture program is currently in its sixth year.
In exchange for the exclusive right to sell and display advertising signs on public streets, the
City receives revenue from Astral for the term of the contract.
The City recognized that technology could change over the 20 year life of the contract with
Astral. The contract allows Astral to bring forward new technologies for the City to consider
incorporating into the street furniture program.
Toronto’s street furniture contract permits the display of advertising using scrollers in all
transit shelters. Currently 25 transit shelters in Toronto have changeable signage installed on
scrollers. The internal scroller stores up to five ads on a mechanical roller that cycles through
the ads in an action similar to that of a roller blind being raised and lowered in a window.
Toronto’s street furniture contract does not permit digital advertising signs in transit shelters.
In 2012, Astral requested City approval to amend the contract to permit the installation of a
limited amount of electronic display signs on transit shelters. Astral proposes to display digital
static copy on transit shelters with the advertising changing electronically at fixed intervals.
Street furniture programs in several other major cities
incorporate digital signs which allow for the display of more
advertising copy using the latest electronic sign technology.
The following examples illustrate how this display technology
is being implemented and the features it can support with
respect to interactivity.
Montreal has 30 digital columns on streets downtown
operated by Astral Out-of-Home. These digital columns
contain a high definition LCD screen that displays six different
ads as part of a 48 second loop. The ads are static copy that
is displayed for a duration of eight seconds. No transition
effects, animation or flashing lights are permitted on the sign.
Quebecor Media will install 40 digital transit shelters across Montreal. These shelters will be
interactive with gesture recognition.
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New York City Newsstand
Washington DC Bus Shelter with
Digital FBI Wanted Poster
San Francisco Touch Screen Sign
New York City permits digital advertising signs on
every transit shelter, news stand and
automated toilet in designated areas of the city.
There are currently 10 locations with digital signs.
The advertising on these digital signs in New York
is governed as follows:
•Display duration up to 15 seconds;
•Transition duration up to 6 seconds;
•Full animation permitted in specific areas
of the city.
Currently only static digital advertising has been implemented in the digital signs installed in
New York’s transit shelters and newsstands. In addition to digital signs on the street furniture
administered by the City of New York, approximately 100 outdoor digital advertising signs are
installed on the entrance stairs leading to subways operated by the Metropolitan Transit
Authority.
These digital signs can be full motion or static if they face a sidewalk, and display static copy
if they face the stairwell leading to the subway. The distinction may be related to the safe use
of the stairwell.
Washington DC originally tested 10 locations for
digital advertising signs and now has approved
approximately 100 locations for digital signs in
street furniture.
Washington requires that the sign copy be static,
displayed for a duration of 8 seconds, transition in
1 to 2 seconds and contain no flashing lights or
animation.
Approximately 20 of San Francisco’s bus shelters
contain digital touch screen signs. This allowed
Yahoo to run the Bus Stop Derby campaign for two
months to showcase Yahoo’s mobile apps. Transit
riders could play the game in the shelter during the
campaign while waiting for a bus. The Derby was
part of a city-wide challenge.
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London Recycling Bin
Las Vegas Strip Bus Shelters
On the Las Vegas Strip, 15 bus shelters with high definition, full colour, full motion, and full
sound digital screens were installed in 2010. The 70 inch screens have a maximum rating of
2,000 nits for daylight readability.
During the 2012 London Olympics, some of the
recycling bins that were installed incorporated
digital signs that displayed public safety
information, news, and stock exchange
information. The bins also provided a free wi-fi
connection.
Street Furniture Summary
An overview survey of major North American municipalities that permit electronic signs in
street furniture programs identified these common approaches:
•Digital signs replace traditional paper or vinyl advertising signs in transit shelters or
other major street furniture elements;
•Digital signs are included in a small number of the total transit shelters in a
municipality;
•These transit shelters tend to be located in the downtown and other streets with high
pedestrian traffic;
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•Digital signs on street furniture have the flexibility to provide changeable public service
information in addition to advertising;
•Digital signs can support interactivity through touch screens, gesture recognition and
wi-fi.
Controls used by cities to address the potential impacts of electronic signs in street furniture
are similar to those applied to other electronic signs:
•Generally only static displays of advertising are allowed;
•The duration of copy display and transition intervals are controlled, with the duration
of display for static electronic copy ranging between 6 to 15 seconds, with the majority
at 8 seconds;
•Controls on sign brightness may apply.
In Toronto, City Council manages all elements of the City’s street furniture and associated
advertising signs located on public streets. The TTC manages advertising in and on transit
vehicles and subway stations but the City manages the advertising in transit shelters.
In other municipalities, the management of private advertising on streets is sometimes split
between the local transit authority for elements like transit shelters and the city council for all
other street furniture. The arrangement varies depending on the division of jurisdictions and
authority in each city.
Like Toronto, most municipalities do not regulate signs and advertising on street furniture
through their sign by-laws. The specific signage requirements related to the street furniture
program are generally managed through the municipality’s contract with the out-of-home
advertising company. This gives the municipality greater control over the details and nature
of the signs incorporated into street furniture than could be achieved through a by-law.
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5.0 ILLUMINATED & ELECTRONIC SIGN WORKSHOP
Toronto Building invited design professionals with expertise in planning public spaces to a
workshop on illuminated and electronic signs. The workshop included an evening tour of about
one dozen existing electronic signs in the Downtown and adjacent to the Gardiner Expressway.
The tour familiarized participants with the types of electronic signs in Toronto and provided
an opportunity to observe the different kinds of electronic signs in operation within their
surroundings.
The tour was followed by a session where participants discussed the constraints and
opportunities for regulating the various types of illuminated and electronic signs and their
impacts on the public realm. Table 5 summarizes the comments and suggestions made by
workshop participants.
Table 5: Workshop Summary
Sign Type Potential Impacts Methods to Manage Impacts
Illuminated Sign •Annoyance at night from light
overspill or excessive brightness
•Illuminated at unnecessary
times
•Controls on lighting fixtures and
direction of lighting
•Set maximum illumination levels
•Prohibit sign’s illumination from
spilling over onto nearby
properties
•Limit times during which signs
can be illuminated
Electronic
Message Centre
•Annoyance at night from light
overspill or excessive brightness
•Transition effects disturbing
•Limit illumination levels
•Prohibit sign’s illumination from
spilling over onto nearby
properties
•Limit transition effects
Electronic
Static Sign
•Signs are not designed to fit the
architecture or work with other
signs
•Urban design considerations
overlooked
•Integrate to context and
architecture
•Require design review as part of
approval process, e.g., site plan
approval
•Adopt design guidelines for signs
•Continue to prohibit full motion
in sign copy
•Connect signs to major centres in
Toronto and activity nodes, e.g.,
theatre district
•Require annual certification that
illumination levels remain in
compliance
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Table 5: Workshop Summary
Sign Type Potential Impacts Methods to Manage Impacts
Electronic
Moving Sign
•Signs are not designed to fit the
architecture or work with other
signs
•Urban design considerations
overlooked
•Level of nighttime illumination
•Locate in specific precincts
•Allow only when it is an integral
element of place making
•Integrate to context and
architecture
•Prohibit in and near residential
areas
•Require review as part of a
design based approval process,
e.g., site plan approval
•Adopt design guidelines for signs
•Connect signs to major centres in
Toronto, e.g., theatre district
•Require annual certification that
illumination levels remain in
compliance
Electronic Sign in
Street Furniture
•Level of nighttime
illumination
•Size of electronic sign and ad
in relation to sidewalk and
pedestrian realm
•Public safety and interference
with pedestrian movement
•Adhere to the same maximum
illumination levels for other
electronic signs
•Match illumination of current
signs in street furniture
•Limit to static electronic
display of advertising
•Size of sign should be
pedestrian scale and sized in
proportion to street furniture
and width of sidewalk
Projected
Image Sign
•Illumination levels, overspill
•Intrusive
•Visual effects and flicker
•Size
•Allow in centres
•Follow maximum illumination
levels of other signs
•Permit for a special event or as a
temporary use only
•Control visual effects, flicker, and
animation
The workshop provided a forum for the exchange of viewpoints on illuminated and electronic
signs and directions for regulating them in Toronto.
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6.0 ILLUMINATED SIGNS AND THE QUALITY OF LIFE IN RESIDENTIAL AREAS
Toronto’s neighbourhoods contain residential uses as well as institutional uses such as places
of worship and schools. The policies of the Toronto Official Plan considers that these
complementary uses play an important role and support in the daily life of residents and
residential areas.
Toronto Council has requested that the status of illuminated signs permitted in residential
areas be reviewed with respect to the relationship to the quality of life in residential areas. The
illuminated signs of places of worship and schools appear to be considered a particular
determinant affecting the quality of this relationship.
6.1 Residential Sign Districts
The City of Toronto Sign By-law (Chapter 694 of the Municipal Code) contains three sign
districts where residential uses are primarily located. These sign districts are: R-Residential
District; RA-Residential Apartment District; and CR-Commercial Residential District. While these
sign districts are composed primarily of residential development, they also contain institutional
uses, places of worship, and schools. In the CR-Commercial Residential District, commercial
uses are mixed with residential uses creating more potentially complex relationships between
illuminated signs and residential dwellings.
These three residential sign districts generally correspond to the land use designations of the
Toronto Official Plan for Neighbourhoods, Apartment Neighbourhoods and Mixed Use Areas.
Each of these designations apply to residential areas.
The residential sign districts also generally correspond to the Residential Zone, Residential
Apartment Zone, and Commercial Residential Zone categories of the recently passed new city
wide Zoning By-law 569-2013. The Residential Zone Categories of the new Zoning By-law
permit local institutions like schools and places of worship.
Generally the regulations of the Toronto Sign By-law and the residential areas they apply to,
align with the planning policies of the Toronto Official Plan’s residential land use designations
as well as the residential zone categories of the new Zoning By-law 569-2013. This creates a
degree of consistency across these three different policy and regulatory instruments which
have separate but complementary intents and purposes.
6.2 Relationship Between Sign Illumination and Quality of Life in Residential Areas
The quality of life in a residential area is the product of many social, environmental and
physical factors. It is negatively impacted if land uses or objects like signs create a nuisance,
disruption or otherwise interfere with the use and enjoyment of surrounding residential uses.
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Light Overspill from Uplighting of SignLight Trespass on Building
A condition or activity that is annoying to residents or causes harm of some kind negatively
impacts the quality of life in a residential area. Illuminated signs create negative impacts on
their surroundings when the illumination:
•Results in light trespass and the overspill of unwanted light onto nearby residential
buildings or properties;
•Operates at inappropriate times at night;
•Creates an annoyance due to flashing lights or varying intensities of light used for visual
effects;
•Creates glare when the illuminated sign is significantly brighter than its surroundings;
•Makes the sign visible from nearby properties to the extent that it interferes with the
quiet enjoyment by residents of their homes and properties.
Light trespass from adjacent or other nearby
uses is likely the most common light-related
impact affecting residential properties.
Aside from illuminated signs, unwanted light
from street lights, parking lots, sports fields,
and security lighting can also negatively
affect the quality of life in residential areas.
The Property Standards By-law (Municipal
Code, Chapter 629) contains general regulations dealing with light trespass in residential areas.
A property that creates a nuisance to other properties must minimize the effect of the
nuisance by providing barriers or deflectors to prevent light from shining directly into a
dwelling unit.
The Toronto Green Standard contains general measures to reduce nighttime glare and light
trespass. The Green Standard requires that new development have no up-lighting from
exterior light fixtures and that light exterior light fixtures be shielded to prevent glare and light
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trespass onto any neighbouring properties. Since the Toronto Green Standard applies only to
new development applications, not existing development, it does not deal with the lighting
problems of existing development.
Light trespass created by illuminated signs is addressed in the Toronto Sign By-law.
6.3 Toronto’s Illuminated Sign Regulations
The Sign By-law permits all types of signs in all sign districts to be illuminated, subject to the
following restrictions:
•No sign can be illuminated between 11:00 p.m. and 7:00 a.m. unless the business
associated with the sign operates during this period;
•The light from the sign does not project onto any adjacent premises located in an R, RA,
CR, I, or OS sign district;
•The sign’s illumination does not increase the light levels within 10 metres of all points
of the sign face by more than 6.5 lux above the ambient lighting level;
•The sign’s illumination does not exceed 5,000 nits between sunrise and sunset and 500
nits between sunset and sunrise.
The Toronto Sign By-law requires that an illuminated sign be turned off at 11:00 p.m.
Furthermore, no light from an illuminated sign can project onto any adjacent building or
property. Maximum luminance and illumination levels are prescribed for the sign and the
surrounding area located within 10 metres of the sign.
These controls appear to address the most common reasons why an illuminated sign could
negatively impact surrounding residential uses thereby reducing the quality of life in a
residential area. Enforcement of these illumination regulations where necessary, will correct
inappropriate sign illumination and enhance the quality of residential areas.
6.4 Options for Residential Areas
It appears that some illuminated signs on places of worship and schools located in residential
areas may be creating an adverse impact on nearby residential properties. This could be the
result of direct or indirect illumination and may also be primarily associated with electronic
signs with readograph copy.
If the City concludes that the current sign illumination controls do not adequately mitigate
these impacts in residential areas, two options can be considered.
Option 1: Strengthen Sign Illumination Controls
If it is thought that the sign by-law controls do not adequately protect residential properties
from the light trespass or other light related annoyances originating from the illuminated signs
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of places of worship and schools, the by-law could be amended to include stronger controls
on illuminated signs in residential sign districts.
Potentially stronger controls on illuminated signs in residential areas to consider include:
•Prohibiting the illumination of any sign:
▸In a residential area;
▸Adjacent to a residential dwelling;
▸Within a set distance from a residential dwelling;
▸Visible from a residential dwelling;
•Prohibiting signs with white backgrounds to reduce the brightness of internally
illuminated signs;
•Prohibiting all types of electronic signs including electronic message centres;
•Requiring any sign in a residential area to be turned off earlier than the current 11:00
p.m. curfew;
•Requiring all signs to be externally illuminated with appropriate shielding to prevent
glare or light trespass;
•Enacting stricter provisions for electronic signs with readograph copy.
The type of control chosen should also consider the need for persons to find and identify
places of worship and schools after sunset and at night. Illuminated signs are helpful in this
regard with respect to security and way finding.
Option 2: Enact Additional City-wide By-law Regulating Outdoor Lighting
Light pollution affects the quality of life in the entire City of Toronto. On a city-wide basis,
illuminated signs are only one and likely a minor contributor to the amount of light pollution
in Toronto. For example, street and parking lot lighting illuminate much larger portions of
Toronto than signs. This light and illumination likely has a greater impact on the amount of
light pollution and skyglow in Toronto. Nevertheless, annoying light irregardless of its source
can affect the quality of life in an area of Toronto.
Some municipalities have adopted comprehensive by-laws dealing with outdoor lighting. These
by-laws minimize the adverse off-site impacts of lighting and curtail light pollution while
conserving energy, maintaining night-time safety, security, and the enjoyment of property.
Section 8(1) of the City of Toronto Act gives Toronto City Council broad powers to pass by-laws
it deems appropriate including the regulation of outdoor illumination and related nuisances.
The Illuminating Engineering Society of North America has prepared a Model Outdoor Lighting
Ordinance as an example of appropriate municipal regulations for outdoor lighting. It provides
an example of how a municipality can manage the major issues associated with outdoor
lighting.
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7.0 RECOMMENDATIONS
7.1 Illuminated Signs
The Toronto Sign By-law controls and limits the brightness of all illuminated signs in all sign
districts including residential areas. The illumination controls apply to electronic signs as well
as non-electric signs that are illuminated.
As described earlier, sign illumination in Toronto is controlled both with respect to the
brightness of the sign and light overspill from the sign onto nearby properties. These lighting
controls focus on mitigating and preventing negative impacts from illuminated signs on
surrounding uses including residential uses.
Inappropriate illumination levels of signs are mainly an issue at night. The current night time
maximum illumination of 500 nits (candelas per square metre) is at the high end of the range
of the maximum night time illumination followed by other municipalities.
As has been described earlier, the illuminated and electronic sign workshop included a tour of
existing static and moving copy electronic signs. Observations in the field revealed varying
levels of sign brightness for these signs, including in relation to similar electronic signs nearby.
In some instances, electronic sign was visibly illuminating the immediately surrounding area
such as a public sidewalk.
Light readings of these electronic signs were not taken in the field so it cannot be determined
the extent to which these electronic signs comply with the luminance and illuminance
standards of the City’s Sign By-law.
A review of the illumination controls adopted by other cities for electronic signs (Table 4)
indicates that several apply lower nighttime illumination levels for electronic signs and ambient
light levels. Maximum night time illumination levels range from 220 to 500 candelas per square
metre.
Lowering the maximum night time illumination level of signs in Toronto from 500 to 300 nits
(candelas per square metre) would set the maximum night time illumination level for signs in
Toronto within the range of maximum night time sign illumination implemented by other
major Canadian municipalities.
Toronto’s current maximum level for light trespass is 6.5 lux above ambient light levels. As
shown in Table 4, most municipalities that address light trespass use a lower level of 3.0 lux
or 0.3 foot candles above ambient to deal with light trespass. These illumination levels are
approximately equivalent.
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Reducing the maximum light trespass to 3.0 lux from the current 6.5 lux will better control light
trespass in Toronto and better align with the controls of other municipalities that regulate light
trespass.
Recommendation
(a) Revise the maximum illumination level for signs to 300 nits between sunset and
sunrise.
(b) Revise the maximum level for light trespass to 3.0 lux above ambient light levels when
measured at a distance of 10 metres.
7.2 Electronic Signs in Street Furniture
The City of Toronto is considering introducing digital screens into a limited number of transit
shelters. These digital signs would replace the current panels displaying advertising on paper
or other media illuminated internally.
These electronic signs will be located at sidewalk level in the pedestrian realm. They will likely
be located on streets with high pedestrian and vehicular traffic to maximize advertising
exposure to consumers and passers by.
The light from the advertising panel will also provide ambient and security lighting for users
of the transit shelter, similar to the current case in this pedestrian oriented setting and
context.
Recommendation
(a) Apply the following requirements to an electronic sign installed in a transit shelter:
(i) Display only electronic static copy with an 8 to 10 second message duration,
maximum 1.0 transition with no visible effects;
(ii) Maximum illumination from sunset to sunrise equivalent to the illumination of
non-electric advertising signs in the transit shelter or 3.0 lux above ambient light
conditions, whichever is less.
7.3 Electronic Message Centre Sign
The Toronto Sign By-law permits up to 30% of a wall sign and 50% of a ground sign to consist
of sign copy that is changed electronically. This is an electronic message centre for readograph
sign copy.
Electronic message centres are not permitted in the Residential Sign District, but they can be
useful components of signs for non-residential uses found in residential areas and located
among residential uses. These non-residential uses include schools, places of worship, libraries,
community centres, nursing homes and hospitals.
The recommended revisions to night time sign illumination and light trespass will help to
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Projected Image Sign on a Building Wall
Guggenheim Museum, New York
mitigate potential negative impact from illuminated signs on these non-residential uses in
residential areas. Additional controls on electronic message centres in Residential Sign Districts
serve to round out the control of illumination for these signs in residential areas.
Recommendation
(a) Permit electronic message centre signs (signs containing readograph copy that is
changed electronically) only on signs associated with schools, places of worship,
libraries, community centres, nursing homes and hospitals when located in a
Residential Sign District.
(b) Set a 20 minute minimum message display time for readograph copy.
(c) Prohibit the display of any visible effects during the message transition including
motion, fading or flashing.
(d) Prohibit the illumination of an electronic message centre between 9:00 p.m. and 7:00
a.m.
7.4 Projected Image Sign
The Toronto Sign By-law currently does not
permit projected image signs (Chapter 694-
14.D).
These signs by their nature are not suitable
replacements for permanent signs that identify
a business, premises or display third party
advertising.
Projected image signs appear to be mainly
special applications of light projection
technologies to display text or images. The
major applications are for cultural and other
special events of a limited duration.
The support and equipment involved in
projecting the text and images differs from
other temporary or permanent signs.
Projection equipment must be set up at a
location and projected onto a surface in the
distance. This can involve multiple properties.
Since light is projected across a distance to a surface, this type of sign creates potential safety
issues for persons or vehicles passing inadvertently through a strong light path, possibly at risk
to themselves. In some cases, laser projectors are used creating concerns of eye injury related
to the unsafe use of lasers.
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Projected image signs have the potential to be highly creative signs and displays however by
their nature and application, they are a specialized type of sign requiring appropriate controls.
Recommendation
Projected image signs be limited to first party signs where approved through a Signage
Master Plan or by a special event permit issued by the City of Toronto.
7.5 Electronic Static Copy Sign
Electronic static copy signs display sign copy that is fixed and displayed for a set period or dwell
time. These signs are primarily third party advertising signs, similar to the situation in other
major Canadian cities which generally do not permit first party signs to incorporate electronic
sign copy other than readograph copy.
Currently electronic static copy signs are permitted in two sign districts: the Downtown Yonge
Street Special Sign District and the Gardiner Gateway Special Sign District. They are not
permitted outside these areas without approval of an amendment to the Sign By-law by City
Council.
Since the passing of the current Sign By-law in 2010, there have been several amendments to
the Sign By-law to locate new electronic static copy signs outside of the two downtown special
sign districts. Considerations relevant to the location of electronic static copy signs outside of
the two downtown special sign districts where they are currently permitted include:
•appropriate locations for these signs;
•impact of electronic sign on sensitive uses such as residential;
•controlling sign illumination and the impact of sign related lighting on surrounding
uses;
•separation from other electronic copy signs and sensitive uses.
For first party signs, incorporating electronic static copy into a portion of a wall or ground sign
provides an opportunity to change first party copy in a similar manner to readograph copy. The
potential impact of such electronic signs on residential uses can be addressed by setting
minimum message display times, setting separation distances to residential dwellings and by
limiting such electronic signs to commercial and employment districts which do not contain
residential uses. Separation distances from other electronic signs prevents creating a
concentration of electronic signs that change their copy at different intervals of time.
Similar locational restrictions and controls are relevant to third party advertising signs
displaying static electronic copy.
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Recommendation
(a) Permit first party signs to display static electronic copy in a Commercial (C) Sign District
and an Employment (E) Sign District subject to:
(i) The maximum sign area for static electronic copy be:
•30% of a wall sign up to a maximum of 3.0 square metres;
•50% of a ground sign up to a maximum of 5.0 square metres;
(ii) The static electronic copy be displayed for a minimum of 20 minutes;
(iii) A maximum message transition of one second with no display of visual effects
during the message transition including motion, fading or flashing;
(iv) Located a minimum of 60 metres from an intersection;
(v) Located a minimum of 60 metres from a residential sign district or dwelling unit;
(vi) Located a minimum of 300 metres from any other electronic copy sign.
(b) Permit third party signs to display static electronic copy in a Commercial (C) Sign
District, an Employment (E) Sign District, and a Utility (U) Sign District subject to:
(i) The sign is located a minimum of 60 metres from a street intersection;
(ii) The sign is located a minimum of 60 metres from an R, RA, CR, I, or OS Sign
District;
(iii) The sign’s electronic copy does not face any open space, institutional or
residential premise that is located within 250 metres radius of the sign;
(iv) The sign is located a minimum of 500 metres from any third party sign containing
electronic copy;
(v) The sign is located a minimum of 150 metres from any third party advertising sign
that does not display electronic copy
7.6 Electronic Moving Copy Sign
Electronic moving copy signs in Toronto tend to be located in the downtown special sign
districts or related to a major cultural, sports, or entertainment facility and venue.
separation. This orientation is expected to continue with perhaps an increase in these signs
within designated growth centres.
In these locations, electronic moving copy signs generally complement and support the
activity or use to which they apply. Electronic moving copy signs can also be one element
of place making when used to help define the intended visual character and public realm
in the area.
Given the specialized nature of these signs and individual contextual considerations
concerning their design and location, the current provisions of the Sign By-law appear to
remain suitable for dealing with applications for new electronic moving copy signs.
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In this regard, where any new electronic moving sign applications are considered in the
future, they should be subject to approval of a signage master plan. This will give the City
the opportunity and flexibility to address the suitability of the proposed sign to its context
including considerations related to sight lines, view sheds, proximity of sensitive and other
uses that could be impacted by the sign’s operation.
Recommendation
That the current regulations governing electronic moving copy signs be retained and
include the requirement that the signs be subject to a signage master plan, where
permitted.
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CHAPTER IX - SIGNS
9.00.00. - PURPOSE
The purpose of these sign regulations is to establish requirements for the size, character,
appearance, location, installation and maintenance of signs in order to promote public safety, preserve
and protect the visual beauty of the landscape and promote the general health, welfare and safety of the
citizens of St. Lucie County. The Board of County Commissioners, after public hearing, finds that these
regulations are necessary to maintain and enhance the visual beauty of the County, to maintain and
enhance the safety for those using the public rights-of-way and other areas open to vehicular and
pedestrian traffic, to protect private property rights and property values, and to provide citizens and
businesses with ample and effective opportunities for identification, advertising, and the expression of
ideas. The Board of County Commissioners intends that the provisions of this chapter are severable, and
further intends that, should any provision be declared invalid or unconstitutional, such declaration shall
not affect the part of this chapter that remains.
( Ord. No. 16-009 , Pt. A, 6-7-2016)
9.01.00. - PERMITTED PERMANENT AND AUTHORIZED TEMPORARY SIGNS
9.01.01. - Permitted Permanent Signs.
The following signs or advertising structures of a permanent nature shall be permitted within the
following zoning districts:
A. Agricultural - 1 (AG-1); Agricultural - 2.5 (AG-2.5); Agricultural - 5 (AG-5).
Type of Sign Maximum
Number
Maximum
Size
Maximum
Height Other Standards
Nameplates 1 per dwelling unit 3 s.f. n/a non-illuminated
Ground or
Wall Signs
1 double-faced ground or 2
single-faced wall or ground
signs per entrance to
residential development, farm,
or ranch.
32 s.f. 10 feet
•Non-illuminated,
externally illuminated, or
backlit
•Reduce maximum sign
area by 50% if entrances
are located less than 300
ft. of one another.
Directional
Signs
One per lawful driveway,
otherwise as necessary for
safety
6 s.f. n/a
Non-illuminated,
externally illuminated, or
backlit
Billboards n/a 378 s.f.
•50 feet above
crown of road
or finished
•Only permitted along I-
95 and the Florida
Turnpike.
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grade. •1,500 feet apart on
same side of road.
•200 foot minimum
separation from
residential zones.
•See Section 9.02.02 for
general billboard
provisions.
Public Utility
Signs n/a n/a n/a n/a
1. One (1) non-illuminated nameplate per dwelling unit or structure which shall not exceed
three (3) square feet in sign area.
2. One (1) double-faced, ground sign or two (2) single-faced, wall or ground signs, located at
each principal entrance into a residential development, farm, or ranch, as generally
depicted in Figure 9-1. Wall signs shall be located on opposite sides of such entrances.
Such signs shall only be non-illuminated, externally illuminated, or backlit, meaning
illuminated by a light source which is placed behind, and shines through, the sign face. The
backlighting shall be designed to minimize glare and dispersion of light other than through
the sign face.
No such ground or wall sign face shall exceed thirty-two (32) square feet in size and shall
not exceed ten (10) feet in height.
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Where the distance between the nearest edges of separate entrances to the same
residential development, farm, or ranch is less than three hundred (300) feet, as measured
along the right-of-way of the abutting street, the maximum permitted sign area (indicated
above) at such entrances shall be reduced by fifty percent (50%) (Figure 9.2).
3. Directional signs which shall not exceed six (6) square feet each in sign area, may be
installed as necessary for safety.
4. Billboards shall only be permitted on properties which are physically contiguous to I-95 and
the Florida Turnpike, located so as to be visible from such highway, and as further
restricted in Section 9.02.02(A). Such signs shall not be spaced less than one thousand
five hundred (1,500) feet from another billboard which is on the same side of, and is
directed at, the same highway.
5. Public utility signs, identifying the location of structures or facilities that may present a
safety hazard, such as underground lines, high voltage areas, or the like, as needed for
public safety purposes may be permitted if located so as not to create public safety
hazards or interfere with rights-of-way maintenance, in the judgment of the Director of
Planning and Development Services or his/her designee.
B. Residential/Conservation (R/C); Agricultural Residential (AR-1); Residential, Estate-1 (RE-1);
Residential, Estate-2 (RE-2); Residential, Single-Family-2 (RS-2); Residential, Single-Family-3
(RS-3); Residential, Single-Family-4 (RS-4); Planned Mixed Use Development (PMUD) -
Residential (Low Intensity).
Type of Sign Maximum
Number
Maximum
Size
Maximum
Height Other Standards
Nameplates 1 per dwelling unit. 3 s.f. n/a Non-illuminated
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Ground or
Wall Signs
1 double-faced ground or 2 single-
faced wall or ground signs per
entrance to residential
development, farm, or ranch.
32 s.f. 10 feet
•Non-illuminated, externally
illuminated, or backlit.
•Reduce maximum sign area
by 50% if entrances are
located less than 300 ft. of
one another.
Directional
Signs
One per lawful driveway,
otherwise as necessary for safety. 6 s.f. n/a Non-illuminated, externally
illuminated, or backlit.
Public Utility
Signs n/a n/a n/a n/a
1. One (1) non-illuminated nameplate per dwelling unit which shall not exceed three (3)
square feet in sign area.
2. Directional signs which shall not exceed six (6) square feet each in sign area may be
installed as necessary for safety.
3. One (1) double-faced, ground sign or two (2) single-faced, wall or ground signs, located at
each principle entrance into a residential development, farm, or ranch, as generally
depicted in Figure 9-3. Wall signs shall be located on opposite sides of such entrances.
Such signs shall only be non-illuminated, externally illuminated, backlit, meaning
illuminated by a light source which is placed behind, and shines through, the sign face. The
backlighting shall be designed to minimize glare and dispersion of light other than through
the sign face.
No such ground or wall sign face shall exceed thirty-two (32) square feet in size, and shall
not exceed ten (10) feet in height.
Page 149 of 171
Where the distance between the nearest edges of separate entrances to the same
residential development, farm, or ranch is less than three hundred (300) feet, as measured
along the right-of-way of the abutting street, the maximum permitted sign area (indicated
above) at such entrances shall be reduced by fifty percent (50%) (Figure 9-4).
4. Public utility signs, identifying the location of structures or facilities that may present a
safety hazard, such as underground lines, high voltage areas, or the like, as needed for
public safety purposes may be permitted if located so as not to create public safety
hazards or interfere with rights-of-way maintenance, in the judgment of the Director of
Planning and Development Services or his/her designee.
C. Residential, Mobile Home-5 (RMH-5); Residential, Multiple-Family-5 (RM-5); Residential,
Multiple-Family-7 (RM-7); Residential, Multiple-Family-9 (RM-9); Residential, Multiple-Family-11
(RM-11); Residential, Multiple-Family-15 (RM-15); Planned Unit Development (PUD);
Recreational Vehicle Park (RVP); Hutchinson Island Residential District (HIRD); Planned Mixed
Use Development (PMUD) - Residential (Medium and High Intensities).
Type of Sign Maximum
Number
Maximum
Size
Maximum
Height Other Standards
Nameplates 1 per dwelling unit.
Multi-
family: 1
s.f.
_____
Single-
family: 3
s.f.
n/a Non-illuminated
Ground or
Wall Signs
1 double-faced ground or 2 single-
faced wall or ground signs per
entrance to residential
32 s.f. 10 feet
•Non-illuminated,
externally illuminated, or
backlit.
•Reduce maximum sign
Page 150 of 171
development, farm, or ranch. area by 50% if entrances are
located less than 300 ft. of
one another.
Directional
Signs
One per lawful driveway,
otherwise as necessary for safety. 6 s.f. n/a Non-illuminated, externally
illuminated, or backlit.
Public Utility
Signs n/a n/a n/a n/a
1. One (1) non-illuminated nameplate per dwelling unit consistent with the following maximum
sign area standards:
a.) Single Family: Three (3) square feet
b.) Multi-Family: One (1) square foot
2. One (1) double-faced, ground sign or two (2) single-faced, wall or ground signs, located at
each principle entrance into a residential development, farm, or ranch, as generally
depicted in Figure 9-5. Wall signs shall be located on opposite sides of such entrances.
Such signs shall only be non-illuminated, externally illuminated, backlit, meaning
illuminated by a light source which is placed behind, and shines through, the sign face. The
backlighting shall be designed to minimize glare and dispersion of light other than through
the sign face.
No such ground or wall sign face shall exceed thirty-two (32) square feet in size, and shall
not exceed ten (10) feet in height.
Where the distance between the nearest edges of separate entrances to the same
residential development, farm, or ranch is less than three hundred (300) feet, as measured
Page 151 of 171
along the right-of-way of the abutting street, the maximum permitted sign area (indicated
above) at such entrances shall be reduced by fifty percent (50%) (Figure 9-6).
3. Directional signs, which shall not exceed six (6) square feet in sign area, may be installed
as necessary for safety.
4. Public utility signs, identifying the location of structures or facilities that may present a
safety hazard, such as underground lines, high voltage areas, or the like, as needed for
public safety purposes may be permitted if located so as not to create public safety
hazards or interfere with rights-of-way maintenance, in the judgment of the Director of
Planning and Development Services or his/her designee.
D. Commercial, Office (CO); Planned Mixed Use Development (PMUD) - Professional Service/Office
(Low, Medium, and High Intensities).
Type of Sign Maximum
Number Maximum Size Maximum
Height Other Standards
Nameplates 1 per occupant. 3 s.f. n/a None
Ground Signs
1 per establishment or
group of
establishments having
at least 50 linear feet of
frontage.
1 s.f. for every 2
linear feet of
frontage - 100 s.f.
maximum.
10 feet for
RES, MXD, or
AG Future
Land Uses.
Non-illuminated,
externally
illuminated, or
backlit for RES, MXD,
or AG Future Land
Uses.
20 feet for all
other Future
Land Uses.
None - all other
Future Land Uses.
Page 152 of 171
Wall, Projecting,
and/or Canopy
Signs (Attached
Canopies Only)
n/a
Total Sign Area: 10%
of wall face area
fronting on main
street for RES, MXD,
or AG Future Land
Uses. n/a
Non-illuminated,
externally
illuminated, or
backlit for RES, MXD,
or AG Future Land
Uses.
Total Sign Area: 20%
of wall face area
fronting on main
street for all other
Future Land Uses.
None - all other
Future Land Uses.
Directional Signs
One per lawful
driveway, otherwise as
necessary for safety.
6 s.f. n/a
Non-illuminated,
externally
illuminated, or
backlit.
Public Utility
Signs n/a n/a n/a n/a
1. One (1) nameplate per occupant which shall not exceed two (2) square feet in sign area.
2. Any establishment or group of establishments that has a street lot frontage of fifty (50) feet
or more, shall be permitted one (1) ground sign which shall not exceed a sign area equal to
one (1) square foot for every two (2) linear feet of street frontage, up to a maximum of one
hundred (100) square feet. Such ground signs shall also be consistent with the following
standards:
a.) For property that is located within any non-residential, non-agricultural Future Land
Use District, as established in the St. Lucie County Comprehensive Plan, ground
signs shall not exceed a height of twenty (20) feet.
b.) For property that is located within the MXD or any residential or agricultural Future
Land Use District, as established in the St. Lucie County Comprehensive Plan, ground
signs shall not exceed a height of ten (10) feet. Such signs shall only be non-
illuminated, externally illuminated, or backlit, meaning illuminated by a light source
which is placed behind, and shines through, the sign face. The backlighting shall be
designed to minimize glare and dispersion of light other than through the sign face.
3. Wall, projecting, and/or canopy signs (attached canopy only) consistent with the following
standards:
a.) For property that is located within any non-residential, non-agricultural Future Land
Use District, as established in the St. Lucie County Comprehensive Plan, total wall,
projecting, and/or canopy sign area may equal up to twenty percent (20%) of the total
wall face area fronting the main street.
Page 153 of 171
b.) For property that is located within the MXD or any residential or agricultural Future
Land Use District, as established in the St. Lucie County Comprehensive Plan, total
wall, projecting, and/or canopy sign area may equal up to ten percent (10%) of the
total wall face area fronting the main street. Such signs shall only be non-illuminated,
externally illuminated, or backlit, meaning illuminated by a light source which is placed
between a background and the sign face.
Up to fifty percent (50%) of the permitted wall, projecting, or canopy sign area may be
located on any other wall face of the same building or on any other canopy which is
attached to such building.
4. Directional signs which shall not exceed six (6) square feet in sign area may be installed as
necessary for safety.
5. Public utility signs, identifying the location of structures or facilities that may present a
safety hazard, such as underground lines, high voltage areas, or the like, as needed for
public safety purposes may be permitted if located so as not to create public safety
hazards or interfere with rights-of-way maintenance, in the judgment of the Director of
Planning and Development Services or his/her designee.
E. Commercial, Neighborhood (CN); Commercial Resort (CR); Institutional (I); Religious Facilities
(RF); Planned Mixed Use Development (PMUD) - Institutional (Low, Medium, and High
Intensities), General Commercial (Low Intensity), and Public Service/Utilities (Low Intensity).
Type of Sign Maximum
Number Maximum Size Maximum
Height
Other
Standards
Wall, Projecting,
and/or Canopy
Signs (Attached
Canopies Only)
n/a
Total Sign Area:
10% of wall face area
fronting on the main
street for RES, MXD, or
AG Future Land Uses.
n/a None
Total Sign Area:
20% of wall face area
fronting on the main
street - all other
Future Land Uses.
Canopy Signs
4 per face of free-
standing canopy
structures.
Total Sign Area:
10% of total canopy
face area - 23 s.f.
maximum per canopy
face - RES, MXD, or AG
Future Land Uses.
n/a None
Total Sign Area:
20% of total canopy
Page 154 of 171
face area - 45 s.f.
maximum per canopy
face - all other Future
Land Uses.
Ground Signs
1 per establishment or
group of establishments
having at least 50 linear
feet of frontage.
1 s.f. for every 2 linear
feet of frontage - 100
s.f. maximum.
10 feet for
RES, MXD, or
AG Future
Land Uses. None
20 feet for all
other Future
Land Uses.
Pedestrian Signs 1 per establishment. 6 s.f. n/a None
Rear Entrance
Wall Sign 1 per establishment. 6 s.f. n/a None
Directional Sign
One per lawful driveway,
otherwise as necessary
for safety.
6 s.f. n/a
Non-illuminated,
externally
illuminated, or
backlit
Public Utility Sign n/a n/a n/a n/a
1. Wall, projecting, and/or canopy signs (attached canopy only) consistent with the following
standards:
a. For property that is located within any non-residential, non-agricultural Future Land
Use District, as established in the St. Lucie County Comprehensive Plan, total wall,
projecting, and/or canopy sign area may equal up to twenty percent (20%) of the total
wall face area fronting the main street.
b. For property that is located within the MXD or any residential or agricultural Future
Land Use District, as established in the St. Lucie County Comprehensive Plan, total
wall, projecting, and/or canopy sign area may equal up to ten percent (10%) of the
total wall face area fronting the main street.
Up to fifty percent (50%) of the permitted wall, projecting, or canopy sign area may be
located on any other wall face of the same building or on any other canopy attached to
such building.
Page 155 of 171
2. A maximum of four (4) canopy signs per face of free-standing canopy structure(s),
consistent with the following standards:
a. For property that is located within any non-residential, non-agricultural Future Land
Use District, as established in the St. Lucie County Comprehensive Plan, total canopy
sign area may equal up to twenty percent (20%) of the total canopy face area, except
that no single canopy face shall have more than forty-five (45) square feet of sign
area.
b. For property that is located within the MXD or any residential or agricultural Future
Land Use District, as established in the St. Lucie County Comprehensive Plan, total
canopy sign area may equal up to ten percent (10%) of the total canopy face area,
except that no single canopy face shall have more than twenty-three (23) square feet
of sign area.
3. Any establishment or group of establishments that has a street lot frontage of fifty (50)
linear feet or more, shall be permitted one (1) ground sign. Such sign shall not exceed a
sign area equal to one (1) square foot for every two (2) linear feet or major fraction thereof
of street lot frontage up to a maximum of one hundred (100) square feet. Such ground
signs shall also be consistent with the following standards:
a. For property that is located within any non-residential, non-agricultural Future Land
Use District, as established in the St. Lucie County Comprehensive Plan, ground
signs shall not exceed a height of twenty (20) feet.
b. For property that is located within the MXD or any residential or agricultural Future
Land Use District, as established in the St. Lucie County Comprehensive Plan, ground
signs shall not exceed a height of ten (10) feet.
4. One (1) pedestrian sign per establishment which shall not exceed six (6) square feet in
sign area.
5. One (1) rear entrance wall sign per establishment which shall not exceed six (6) square
feet in sign area.
6. Directional signs, which shall not exceed six (6) square feet each in sign area, may be
installed as necessary for safety.
7. Public utility signs, identifying the location of structures or facilities that may present a
safety hazard, such as underground lines, high voltage areas, or the like, as needed for
public safety purposes may be permitted if located so as not to create public safety
hazards or interfere with rights-of-way maintenance, in the judgment of the Director of
Planning and Development Services or his/her designee.
F. Commercial General (CG); Industrial Light (IL); Industrial Heavy (IH); Industrial Extraction (IX);
Utilities (U); Planned Mixed Use Development (PMUD) - General Commercial (Medium and
High Intensities), Public Service/Utilities (Medium and High Intensities), Industrial (Medium and
High Intensities).
Type of Sign Maximum
Number Maximum Size Maximum
Height Other Standards
Wall,
Projecting,
and/or Canopy
Signs (Attached
Canopies Only)
4 per establishment.
Total Sign Area:
20% of wall face area
fronting on main street.
n/a None
Page 156 of 171
Canopy Signs
(Free-standing
canopies)
4 per face of free-
standing canopy.
Total Sign Area:
20% of total canopy face
area - 45 s.f. maximum
per canopy face.
n/a None
Ground Signs
1 per establishment
having at least 50 linear
ft. of frontage.
For establishments
having from 50 to 150
linear ft. of frontage: 1
s.f. for every 1 linear ft. of
frontage - 150 s.f.
maximum.
30 feet.
Sign area of
individual signs
may be aggregated,
except that no
single sign shall
exceed 200 s.f.
For establishments
having over 150 ft. of
frontage: 1 s.f. for every
1½ ft. of frontage, or 150
s.f., whichever is greater -
200 s.f. maximum.
1 additional sign for
establishments having
over 300 ft. of frontage.
1 s.f. for every 1½ linear
ft. of frontage in excess
of first 300 ft.- 200 s.f.
maximum.
1 additional sign for
establishments having
at least 300 ft. of
frontage and outdoor
displays (LDC Section
7.10.02).
100 s.f.
Pedestrian
Signs 1 per establishment. 6 s.f. n/a None
Rear Entrance
Wall Sign 1 per establishment. 6 s.f. n/a None
Directional
Sign
One per lawful
driveway, otherwise as
necessary for safety.
6 s.f. n/a None
Page 157 of 171
Billboards n/a 378 s.f.
•35 ft. above
crown of
road.
•50 ft. above
crown of
road along I-
95 and Fla.
Tnpk.
•Only permitted
along I-95, the
Florida Turnpike
and those
roadways identified
in Section
9.02.02(A).
•1,500 foot apart
on same side of
road.
•200 foot min.
separation from
residential zones or
use areas.
•See Section
9.02.02(A) for
additional
standards.
Public Utility
Signs n/a n/a n/a n/a
1. Billboards shall only be permitted on properties which are physically contiguous to I-95, the
Florida Turnpike, U.S. 1, Orange Avenue, and Kings Highway/Turnpike Feeder Road,
located so as to be visible from such highway, and as further restricted in Section
9.02.02(A). Such signs shall not be spaced less than one thousand five hundred (1,500)
feet from another billboard which is on the same side of, and is directed at, the same
highway.
2. A maximum of four (4) wall, projecting, and/or canopy signs (on attached canopies only)
per establishment. Such sign(s) shall not exceed a total sign area equal to twenty percent
(20%) of the total wall face area of each establishment fronting on the main street. Fifty
percent (50%) of such permitted sign area may be located on any other wall surface of the
same building or on any other canopy attached to such building.
3. A maximum of four (4) canopy signs per face of free-standing canopy structure(s). Such
signs shall not exceed a total sign area of twenty percent (20%) of the total canopy face
area, except that no single canopy face shall have more than forty-five (45) square feet of
sign area.
4. Any establishment or group of establishments having from fifty (50) to one hundred fifty
(150) linear feet of frontage shall be permitted one (1) ground sign. Such sign shall not
exceed a sign area equal to one (1) square foot for every one (1) linear foot or major
fraction thereof of street lot frontage.
Page 158 of 171
Establishments or groups of establishments having more than one hundred fifty (150)
linear feet of frontage, shall be permitted one (1) ground sign. Such sign shall not exceed a
sign area equal to either one (1) square foot for every one and one-half (1½) linear feet of
street lot frontage, or one hundred fifty (150) square feet, whichever is greater, up to a
maximum of two hundred (200) square feet. One (1) additional ground sign shall be
permitted when the street lot frontage exceeds three hundred (300) linear feet. The second
ground sign shall not exceed a sign area equal to one (1) square foot for every one and
one-half (1½) linear feet of street lot frontage in excess of the first three hundred (300) feet
of frontage. The sign area of individual signs may be aggregated, except that no single
sign shall exceed a sign area of two hundred (200) square feet.
Ground signs shall not exceed a height of thirty (30) feet.
5. For any establishment or group of establishments that has a street frontage of three
hundred (300) linear feet or more and which has outdoor displays as provided for in
Section 7.10.02 of this Code, the Planning and Development Services Director or his/her
designee may allow for the placement of two (2) additional ground signs, using and subject
to the procedures set forth in Section 9.04.01. The Director or his/her designee shall allow
for such additional signage when it is shown that operation as provided under Section
7.10.02 creates a specific need. Such additional signs may not exceed one hundred (100)
square feet in area nor shall they exceed a height of thirty (30) feet.
6. One (1) pedestrian sign per establishment which shall not exceed six (6) square feet in
sign area.
7. One (1) rear entrance wall sign per establishment which shall not exceed six (6) square
feet in sign area.
8. Directional signs which shall not exceed six (6) square feet in sign area may be installed as
necessary for safety.
9. Public utility signs, identifying the location of structures of facilities that may present a
safety hazard, such as underground lines, high voltage areas, or the like, as needed for
public safety purposes may be permitted if located so as not to create public safety
hazards or interfere with rights-of-way maintenance, in the judgment of the Planning and
Development Services Director or his/her designee.
( Ord. No. 2013-39 , § A, 12-17-13; Ord. No. 15-002 , Pt. A, 4-7-2015; Ord. No. 16-009 , Pt. A, 6-7-
2016)
9.01.02. - Authorized Temporary Signs.
A temporary sign is any sign that does not meet the construction standards of the Florida Building
Code and that, for a limited period of time, conveys any message relating to a special event or other
occurrence of limited duration, such as an election, a building under construction, real estate for sale, rent
or lease, or a business grand opening. Temporary signs include, without limitation, portable signs and
sidewalk signs. Temporary signs of the types described below in this section are allowable, subject to the
following general requirements:
1. No temporary sign may have any characteristic that renders it a prohibited sign under Section
9.03.00.
2. No temporary sign may be located at the intersection of two (2) streets or roadways, or within
the segment created by the curb or road edges and an imaginary line between the points thirty
(30) feet back from where the curb lines of the intersection quadrant intersect.
3. No temporary sign shall be illuminated.
Page 159 of 171
4. Temporary signs may be erected only if located wholly on private property, by or with the
permission of the property owner.
5. Temporary signs must be capable of being moved and removed immediately and must be
removed and stored indoors if a hurricane or other high-wind weather event is forecast to occur
within twenty-four (24) hours.
6. Temporary signs must be removed within ten (10) days after conclusion of the event or
termination of the circumstance to which they relate.
7. Except as stated below with respect to a specific type of temporary sign, allowable temporary
signs may be erected without a permit.
Subject to the foregoing general regulations, specific temporary signs are allowable subject to the
following additional provisions:
A. Commercial Temporary Signs. Temporary signs relating to a commercial establishment,
product, or service, or related to the sale or rental of nonresidential real estate, are classified as
commercial temporary signs and shall be subject to the following regulations:
1. Commercial temporary signs shall be limited to one (1) sign per parcel, establishment,
dwelling unit, or per every five (5) acres or fraction thereof providing no more than one (1)
sign per three hundred (300) feet of frontage shall be allowed on any one (1) parcel of
property regardless of total acreage. A maximum of three (3) signs per parcel shall be
provided on a single road frontage.
2. Commercial temporary signs shall not exceed the following maximum sign areas in square
feet by zoning district and parcel size:
Zoning District
Parcel Size
≤1
ACRE >1 ACRE
AG-1 AGRICULTURAL - 1 6 s.f. 16 s.f.
AG-2.5 AGRICULTURAL - 2.5 6 s.f. 16 s.f.
AG-5 AGRICULTURAL - 5 6 s.f. 16 s.f.
R/C RESIDENTIAL/CONSERVATION 6 s.f. 16 s.f.
AR-1 AGRICULTURAL, RESIDENTIAL - 1 6 s.f. 16 s.f.
RE-1 RESIDENTIAL, ESTATE - 1 6 s.f. 16 s.f.
RE-2 RESIDENTIAL, ESTATE - 2 6 s.f. 16 s.f.
RS-2 RESIDENTIAL, SINGLE FAMILY - 2 6 s.f. 16 s.f.
Page 160 of 171
RS-3 RESIDENTIAL, SINGLE FAMILY - 3 6 s.f. 16 s.f.
RS-4 RESIDENTIAL, SINGLE FAMILY - 4 6 s.f. 16 s.f.
RMH-5 RESIDENTIAL, MOBILE HOME - 5 16 s.f. 16 s.f.
RM-5 RESIDENTIAL, MULTIPLE FAMILY - 5 16 s.f. 16 s.f.
RM-7 RESIDENTIAL, MULTIPLE FAMILY - 7 16 s.f. 16 s.f.
RM-9 RESIDENTIAL, MULTIPLE FAMILY - 9 16 s.f. 16 s.f.
RM-11 RESIDENTIAL, MULTIPLE FAMILY - 11 16 s.f. 16 s.f.
RM-15 RESIDENTIAL, MULTIPLE FAMILY - 15 16 s.f. 16 s.f.
CN COMMERCIAL, NEIGHBORHOOD 16 s.f. 16 s.f.
CO COMMERCIAL, OFFICE 16 s.f. 16 s.f.
CG COMMERCIAL, GENERAL 32 s.f. 32 s.f.
IL INDUSTRIAL, LIGHT 32 s.f. 32 s.f.
IH INDUSTRIAL, HEAVY 32 s.f. 32 s.f.
IX INDUSTRIAL, EXTRACTION 32 s.f. 32 s.f.
U UTILITIES 6 s.f. 32 s.f.
I INSTITUTIONAL 6 s.f. 32 s.f.
RF RELIGIOUS FACILITIES 6 s.f. 16 s.f.
RVP RECREATIONAL VEHICLE PARK 6 s.f. 16 s.f.
HIRD HUTCHINSON ISLAND RESIDENTIAL DISTRICT 6 s.f. 16 s.f.
PUD PLANNED UNIT DEVELOPMENT 6 s.f. 16 s.f.
Page 161 of 171
PNRD PLANNED NONRESIDENTIAL DEVELOPMENT 6 s.f. 32 s.f.
PMUD PLANNED MIXED USE DEVELOPMENT 6 s.f. 32 s.f.
3. For properties exceeding five (5) acres, the sign area of individual signs, as indicated
above, may be aggregated, except that no single sign may exceed an area of three
hundred seventy-eight (378) square feet.
B. Non-commercial Temporary Signs. Non-commercial temporary signs are temporary signs that
do not fall within the definition of commercial temporary signs.
1. Non-commercial temporary signs shall not exceed the following maximum sign areas by
Zoning District:
Zoning District
Maximum
Sign
Size
Maximum
Cumulative
Sign Area
AG-1 AGRICULTURAL - 1 16 s.f. 64 s.f.
AG-2.5 AGRICULTURAL - 2.5 16 s.f. 64 s.f.
AG-5 AGRICULTURAL - 5 16 s.f. 64 s.f.
R/C RESIDENTIAL/CONSERVATION 6 s.f. 32 s.f.
AR-1 AGRICULTURAL, RESIDENTIAL - 1 6 s.f. 32 s.f.
RE-1 RESIDENTIAL, ESTATE - 1 6 s.f. 32 s.f.
RE-2 RESIDENTIAL, ESTATE - 2 6 s.f. 32 s.f.
RS-2 RESIDENTIAL, SINGLE FAMILY - 2 6 s.f. 32 s.f.
RS-3 RESIDENTIAL, SINGLE FAMILY - 3 6 s.f. 32 s.f.
RS-4 RESIDENTIAL, SINGLE FAMILY - 4 6 s.f. 32 s.f.
RMH-5 RESIDENTIAL, MOBILE HOME - 5 6 s.f. 32 s.f.
RM-5 RESIDENTIAL, MULTIPLE FAMILY - 5 6 s.f. 32 s.f.
Page 162 of 171
RM-7 RESIDENTIAL, MULTIPLE FAMILY - 7 6 s.f. 32 s.f.
RM-9 RESIDENTIAL, MULTIPLE FAMILY - 9 6 s.f. 32 s.f.
RM-11 RESIDENTIAL, MULTIPLE FAMILY - 11 6 s.f. 32 s.f.
RM-15 RESIDENTIAL, MULTIPLE FAMILY - 15 6 s.f. 32 s.f.
CN COMMERCIAL, NEIGHBORHOOD 6 s.f. 32 s.f.
CO COMMERCIAL, OFFICE 6 s.f. 32 s.f.
CG COMMERCIAL, GENERAL 32 s.f. 64 s.f.
IL INDUSTRIAL, LIGHT 32 s.f. 64 s.f.
IH INDUSTRIAL, HEAVY 32 s.f. 64 s.f.
IX INDUSTRIAL, EXTRACTION 32 s.f. 64 s.f.
U UTILITIES 32 s.f. 64 s.f.
I INSTITUTIONAL 16 s.f. 32 s.f.
RF RELIGIOUS FACILITIES 6 s.f. 32 s.f.
RVP RECREATIONAL VEHICLE PARK 16 s.f. 32 s.f.
HIRD HUTCHINSON ISLAND RES. DISTRICT 6 s.f. 32 s.f.
PUD PLANNED UNIT DEVELOPMENT 6 s.f. 32 s.f.
PNRD PLANNED NONRES. DEVELOPMENT 16 s.f. 32 s.f.
PMUD PLANNED MIXED USE DEVELOPMENT 16 s.f. 32 s.f.
C. Temporary Flags, Banners, and Pennants Requiring a Permit. Flags which are not exempt from
permitting under Section 9.04.00, banners, and/or pennants may be erected on a temporary
basis upon the issuance of a permit. Such permit shall be issued by the Planning and
Page 163 of 171
Development Services Director or his/her designee using and subject to the procedures set
forth in Section 9.04.01; provided that the Planning and Development Services Director or
his/her designee shall grant or deny such permit within fifteen (15) days from receipt of a
completed application. Such permit shall be granted provided that [a] the requirements of this
Code are otherwise met; [b] no more than four (4) permits per year for one (1) professionally
made banner shall be issued to any one (1) applicant, or a single applicant with more than three
hundred (300) linear feet of roadway frontage may be permitted to have one banner every three
hundred (300) linear feet of roadway frontage, [c] may be displayed for no more than a total of
sixty (60) calendar days per year, and [d] also may be permitted during the holiday season from
October 15 to January 2, when the above criteria are met and shall not count as part of the
aforementioned sixty (60) day limit and [e] shall be no greater than 32 square feet, and [f] such
flag, banner, or pennant shall not exhibit any other characteristic of a prohibited sign under
Section 9.03.00. Such flags, banners, and pennants shall be removed by the permittee upon the
expiration of the permit.
D. Sidewalk Signs. One (1) temporary, movable sign that rests on but is not secured or attached to
the ground, is permitted in commercial areas to be placed by a business or other occupant
outside its premises as long as the sign does not impede the use of the sidewalk or block
access to any part of the building or sidewalk as determined by applying the clearance
standards under the 2012 Florida Accessibility Code for Building Construction. Such signs shall
not contain content larger than eight (8) square feet with not more than two (2) sign faces, shall
not be placed in the parking, county right-of-way or drainage swale and shall be placed not
farther than twenty (20) feet from the entrance to the business. Such signs may be displayed
only during the time the premises are open to the public, and must be stored inside the
premises at other times. A permit for a temporary sidewalk sign is not required.
( Ord. No. 2013-39, § A, 12-17-13 ; Ord. No. 15-002, Pt. A, 4-7-2015 ; Ord. No. 16-009 , Pt. A, 6-7-
2016)
9.02.00. - GENERAL PROVISIONS
In addition to the requirements set forth in Sections 9.01.01 and 9.01.02, the following general
provisions shall apply to specific types of signs:
9.02.01. - Signs Other Than Billboards.
A. Wall Signs.
1. Shall not extend more than eighteen (18) inches from the wall or facade of the building to which
they are attached.
2. Shall not extend more than twenty-four (24) inches above the roof or parapet of a building,
whichever is greater.
3. Shall be adequately constructed and securely anchored in accordance with the Florida Building
Code.
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B. Mansard and Marquee Signs.
1. Mansard and marquee signs shall conform to Wall Sign provisions, Section 9.02.01(A).
C. Projecting Signs.
1. Shall provide a vertical clearance of not less than nine (9) feet over any pedestrian walkway or
fourteen (14) feet over any vehicular driveway.
2. Shall not extend closer (leading edge measured horizontally) than eighteen (18) inches to the
curbface or, where no curb is installed, to the curbline as established by the County Engineer.
3. Shall not extend more than twenty-four (24) inches above the roof or parapet of a building,
whichever is greater.
4. Shall be adequately constructed and securely anchored in accordance with the Florida Building
Code.
D. Ground Signs.
1. Shall not exceed a total height of thirty (30) feet except as may be further restricted in this Code,
and fifty (50) feet total height along those properties which are physically contiguous to and
within fifty (50) feet of the right-of-way boundary of the Florida Turnpike and I-95.
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The height of ground signs may either be measured from the crown of the road or at finished
grade. If an applicant for a ground sign permit elects to measure the height from the crown of
the road, the applicant shall submit, at the time of application for such permit, a survey of the
property and of the abutting street.
2. Shall not be located less than eighteen (18) inches (leading edge measured horizontally) from
any public right-of-way line, adjacent property line, or structure.
3. Shall provide a vertical clearance of not less than nine (9) feet over any pedestrian walkway or
fourteen (14) feet over any vehicular driveway.
4. When an access way intersects a public or private right-of-way or when the subject property
abuts the intersection of two (2) or more public or private rights-of-way, all ground signs within
the triangular area described below shall have a height of not more than three (3) feet or a
vertical clearance of not less than ten (10) feet, and shall not have poles or support structures
which are individually greater than twelve (12) inches in diameter.
The triangular area referenced above is the area of property located at the corner formed by the
intersection of two (2) public or private rights-of-way, or at each corner formed by the
intersection of an access way with a public or private right-of-way. Two (2) sides of such
triangular area shall be twenty (20) feet in length as measured horizontally from the point of
intersection, and the third side shall be a line connecting the ends of the two (2) other sides.
5. Shall be adequately constructed and securely anchored in accordance with the Florida Building
Code.
6. Shall have a landscaped area around its base which extends a minimum distance of three (3)
feet in all directions. Such landscaped area shall be completely covered by natural drought-
tolerant ground cover and shrubs, hedges or similar vegetative materials. The Planning and
Development Services Director shall grant relief from this landscaping requirement for billboards
which are located on properties that are physically contiguous to I-95 or the Florida Turnpike if it
is determined that such signs are located more than one hundred (100) feet from a developed
area as defined in Section 2.00.00 of this Code.
E. Pedestrian Signs.
1. Shall provide a vertical clearance of not less than nine (9) feet over any pedestrian walkway.
2. Shall not extend beyond the underside of a cantilevered roof, portico, or other overhang.
3. Where the underside of an overhang exceeds a height of thirteen (13) feet, a pedestrian sign
may be attached to the exterior wall from which such overhang extends. When a pedestrian
sign is attached to a wall, such sign shall not extend (leading edge measured horizontally) more
than thirty-six (36) inches from the wall face of any building.
4. Shall include only the name and/or address of the establishment or use.
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F. Canopy Signs.
1. Shall not extend more than eighteen (18) inches from the face of the canopy to which they are
attached.
2. Shall not extend above the roof or below the underside of the canopy to which they are
attached.
3. Shall be adequately constructed and securely anchored in accordance with the Florida Building
Code.
4. The height of individual canopy faces, for purposes of measuring sign area, shall be measured
from the roof to the underside of the canopy.
( Ord. No. 2013-39, § A, 12-17-13 ; Ord. No. 16-009 , Pt. A, 6-7-2016)
9.02.02. - Billboards.
A. Shall not be located along any roadway other than the following:
1.) Florida's Turnpike Indian River county line to Martin county line
2.) I-95 Indian River county line to Martin county line
3.) US #1 Indian River county line to Martin county line
except as may be further restricted in Section 9.01.01, of this Code.
B. Shall not exceed a sign area of three hundred seventy-eight (378) square feet including all trim,
molding, or skirting, except as may be further restricted in this Code.
C. Shall not exceed a sign face dimension of thirty-six (36) feet horizontally or twelve (12) feet vertically
including all trim, molding, or skirting.
D. Shall not exceed a total height above the crown of the road of thirty-five (35) feet, except as may be
further restricted in this Code, and fifty (50) feet total height above grade along the Florida Turnpike
and I-95.
The height of billboards that are ground signs may either be measured from the crown of the road or at
finished grade. If an applicant for a ground sign permit elects to measure the height from the crown of the
road, the applicant shall submit, at the time of application for such permit, a survey of the property and of
the abutting street.
E. Shall be located a minimum of twenty-five (25) feet from any street right-of-way or property line.
F. Shall not be located closer to a right-of-way line than any building on contiguous property if such
building is situated within one hundred (100) feet of the sign.
G. Shall not be located within a radius of two hundred (200) feet of any residential zone or residential
use area within an approved Planned Unit Development or Planned Mixed Use Development
Project.
H. Shall not be located so as to face a lot on the same street occupied by a religious facility, public
school, public park, playground, beach, civic area, or cemetery, nor nearer to such uses than a
radius of two hundred (200) feet.
I. Shall comply with Section 9.02.01(D) where the billboard is also a ground sign.
J. Shall not be located on Hutchinson Island.
( Ord. No. 16-009 , Pt. A, 6-7-2016)
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9.03.00. - PROHIBITED SIGNS
No sign, whether otherwise allowable or exempt from permitting, may have any characteristic that
renders it a prohibited sign. The following signs or types of signs shall be prohibited:
A. Roof signs.
B. Portable signs, other than allowable sidewalk signs, and trailer signs.
C. Reserved.
D. Snipe signs.
E. Signs attached to any tree, shrub, plant, or rock.
F. Signs located over or on any public right-of-way, except:
1. Public directional and regulatory signs, erected by any duly authorized state or local
government in accordance with applicable Florida Department of Transportation Design
standards;
2. Bus bench signs; and
3. One sign per parcel in Commercial Neighborhood (CN), Commercial Office (CO),
Institutional (I), Religious Facilities (RF), Commercial General (CG), Industrial Light (IL),
Industrial Heavy (IH), Industrial Extraction (IX), and Utilities (U) zoning districts, provided
that:
a. It is located on the property of the applicant or the adjacent property;
b. It does not exceed four (4) square feet in total sign area;
c. It is erected in accordance with applicable Florida Department of Transportation
design safety standards;
d. It is not located within any State or Federal right-of-way;
e. It is not located within twenty (20) feet of any intersecting street or driveway
connection;
f. It is not located within any utility easement or surface drainage swale; provided;
g. The sign does not contravene any other applicable regulation or restriction of St. Lucie
County.
G. Any privately-owned signs attached to or placed within any public right-of-way upon any utility
pole, street light, sidewalk curb, fire hydrant, bridge, or any other similar public or utility
structure.
H. Flashing, animated, fire- or smoke-emitting, changeable-message, or noise-making signs,
except for one (1) variable electronic message sign per parcel or group of parcels under a
uniform site development plan, provided that the message sign does not exceed an overall area
of thirty (30) square feet (three (3) feet × ten (10) feet typical dimension); the message displays
shall be on a black background with a single color copy; the message display shall not scroll,
flash or blink, and message display copy shall not change more frequently than once every five
(5) seconds. Any such message sign shall be counted as part of the overall signage for the
property or project site; must be a part of one (1) of the ground signs associated with the
property or project site. Dimensional limitations in this paragraph may be waived by application
to the Planning and Development Services Director for property located in the Institutional
Zoning District with frontage on an arterial roadway. The site development plan on which such
sign is proposed must be greater than 20 acres and the sign must be located adjacent to the
arterial roadway and set back from the property line at least 50 feet.
I. Signs in motion, including swinging, rotating, or revolving signs or similar moving devices
designed to attract attention by motion or illusionary motion.
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J. Signs that copy or imitate official governmental signs or that incorrectly purport to have official
governmental status.
K. Signs that display any written or graphic message that is lewd, lascivious, or obscene based on
contemporary community standards.
L. Signs that obstruct or interfere with any door, fire exit, stairway, ladder, or opening intended to
provide light, air, ingress, or egress for any building.
M. Any sign, whether otherwise allowable or exempt under this chapter, that, in the judgment of
the Planning and Development Services Director, determined without reference to the content
of the sign except as stated below in this paragraph constitutes a traffic safety hazard by reason
of size, location, movement, or method of illumination; obstructs the vision of motorists or
pedestrians; obstructs or interferes with any official traffic control device; or utilizes flashing or
revolving red, green, blue, or amber lights, creates glare, or utilizes the words "stop," "look,"
"danger" or any other word, phrase, symbol, or character in such a manner as to interfere with,
mislead or confuse traffic.
N. Signs that utilize fluorescent colors in the yellow or red spectrums.
O. Flags which are not exempt from permitting under Section 9.04.00, and except for temporary
flags, banners, and pennants as permitted in Section 9.01.02(C).
P. Signs that contain any mirror or mirrored device.
Q. Vehicular signs.
R. Any unpermitted sign not exempt from permitting under this chapter.
( Ord. No. 2013-39, § A, 12-17-13 ; Ord. No. 16-009 , Pt. A, 6-7-2016)
9.04.00. - PERMITTING AND EXEMPTIONS
9.04.01. - Permitting.
A. Except as specifically exempted in Section 9.01.02 or Section 9.04.02, the erection, physical
alteration, reconstruction, or physical conversion of any sign shall not be commenced without
obtaining a Sign Permit from the Planning and Development Services Director. No Sign Permit shall
be issued for development without the concurrent issuance of a Certificate of Zoning Compliance as
provided by Section 11.05.00 of this Code. No permit shall be required for the sole purpose of
changing content, including wording and graphics, on a lawfully existing sign that otherwise complies
with the requirements of this Code both before and after such change.
B. The process for obtaining a Sign Permit shall be the same as the process for obtaining a Building
Permit pursuant to Chapter XI of this Code, except as specifically modified in this Section. The
application shall be made on such form as the Planning and Development Services Director or
his/her designee shall prescribe, which shall include a depiction of the proposed sign, its
specifications including height, sign area, dimensions, location on the site and in relation to other
structures and rights-of-way, means of support, method of illumination, if any, and such other
information as the Planning and Development Services Director or his/her designee may require to
determine whether the proposed sign meets the requirements of this Chapter.
C. The Planning and Development Services Director or his/her designee shall grant or deny an
application for a Sign Permit and Certificate of Zoning Compliance applicable to such application,
within thirty (30) days from receipt of a complete application. The Planning and Development
Services Director or his/her designee shall notify the applicant within fifteen (15) days from receipt of
any application, or amendment or supplement thereto, if the application is incomplete, and shall
notify the applicant of the information necessary to complete the application. The applicant has the
option of supplying such information or, if the applicant deems the application complete despite such
notification, upon notifying the Planning and Development Services Director or his/her designee who
Page 169 of 171
shall then treat the application as complete. Any application for a Sign Permit that is not granted or
denied within thirty (30) days from receipt of a completed application shall be deemed denied.
D. The Planning and Development Services Director or his/her designee shall grant the Sign Permit
upon receipt of a completed application with all required fees, upon finding that the proposed sign
conforms to all requirements of this Chapter; otherwise, the application shall be denied. The content
of a proposed sign shall not be material to the grant or denial of a Sign Permit, except as necessary
to determine that a sign conforms to the specific requirements of this Chapter.
E. The denial of an application for Sign Permit may be appealed by the applicant to the Board of
Adjustment in accordance with Chapter XI of this Code, within thirty (30) days from denial. The
Board of Adjustment shall render its decision within forty-five (45) days from the date the appeal is
filed. Any Sign Permit applicant aggrieved by a decision of the Board of Adjustment may seek review
by certiorari in the Circuit Court in accordance with Chapter XI of this Code, within thirty (30) days
from rendition of the decision of the Board of Adjustment.
( Ord. No. 2013-39, § A, 12-17-13 )
9.04.02. - Exceptions.
The following signs shall not be required to have a sign permit, provided they do not otherwise
violate any specific prohibition in this Chapter and they are not designed or located so as to cause or
create a risk to public safety, as set forth in Section 9.03.00(M):
A. Residential nameplates that comply with this Chapter.
B. Temporary signs providing they comply with Section 9.01.02 of this Chapter.
C. Signs that are not visible from any roadway or adjoining property.
D. Memorial signs or tablets within duly licensed cemeteries.
E. Public convenience signs, communicating the location of restrooms or public telephones.
F. Public warning signs, indicating the dangers of trespassing, swimming, animals, or the like.
G. Seasonal displays or decorations not advertising a product, service, or establishment.
H. Garage or yard sale signs providing they are removed by sunset of the last day of the sale.
I. Non-illuminated building identification signs which are under three (3) square feet in sign area on
buildings which are located at least three hundred (300) feet from a public right-of-way.
J. Ten (10) or fewer flags, per parcel or common development site. Such flags shall not be placed
less than thirty (30) feet apart. Any flags, in excess of ten (10) per parcel or common
development site may be erected on a temporary basis upon the issuance of a permit in
accordance with Section 9.01.02(C).
9.05.00. - NONCONFORMING SIGNS
A. General. Any sign or advertising structure in the unincorporated area of the County on which, by its
height, area, location, use or structural support does not conform to the requirements of this chapter,
shall be termed nonconforming.
B. Continuation or Removal. All nonconforming signs or advertising structures which were properly
permitted and conforming to the sign ordinances of the County in effect at the time the signs were
erected, may continue in use in accordance with the other provisions of this Section. All other
nonconforming signs shall be removed unless erected prior to September 1, 1961. Nonconforming
signs that are subject to removal shall be subject to the provisions of this Code governing the
procedures for Code violations; provided, however, that the Planning and Development Services
Director may direct the removal, after making reasonable efforts to provide advance notice to the
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sign owner, of (1) any sign that in his/her judgment, determined without reference to the content of
the sign except as stated in Section 9.03.00(M), constitutes an immediate and extreme danger to
public safety, or (2) any sign erected or posted in the public right-of-way in violation of this Chapter.
Temporary signs for which allowable time of display has expired and for which the sign owner cannot
readily be located or identified, shall be deemed abandoned and may be removed at the direction of
the Planning and Development Services Director.
C. Structural Alterations. Nonconforming signs shall not be structurally altered or enlarged unless they
are made to conform with all the requirements of this Chapter, except that substitution or interchange
of copy may be permitted.
D. Natural Damage. Nonconforming signs which are more than fifty percent (50%) destroyed by wind,
deterioration or other damage shall be made to conform with all the requirements of this Chapter, or
be completely removed.
E. Billboards with less than the Minimum Separation. Where two (2) or more billboards, each of which
was lawfully installed at its time of installation, are situated closer to each other than permitted by
Section 9.01.01(F)(1), then all such signs except the one (1) first installed in the County shall be
nonconforming.
F. Removal of Non-Conforming Flags, Banners, and Pennants. Flags, banners, and pennants rendered
non-conforming by virtue of being included in Section 9.03.00(P) shall be removed by March 1, 1994.
( Ord. No. 2013-39, § A, 12-17-13 )
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