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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 Page 1 of 171 P & Z Regular Meeting Thursday, June 20, 2019 6:00 PM 2 | P a g e 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. Page 2 of 171 P & Z Regular Meeting Thursday, June 20, 2019 6:00 PM 3 | P a g e 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 Page 3 of 171 P & Z Regular Meeting Thursday, June 20, 2019 6:00 PM 4 | P a g e 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. Page 4 of 171 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. Page 5 of 171 P & Z Regular Meeting Thursday, April 18, 2019 6:00 PM 2 | P a g e 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. Page 6 of 171 P & Z Regular Meeting Thursday, April 18, 2019 6:00 PM 3 | P a g e 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. Page 7 of 171 P & Z Regular Meeting Thursday, April 18, 2019 6:00 PM 4 | P a g e 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. Page 8 of 171 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. Page 9 of 171 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 Page 10 of 171 FPL Pelican Energy Solar Center CU-3201915497 – Conditional Use June 3, 2019 Page 2 of 7 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 Page 11 of 171 FPL Pelican Energy Solar Center CU-3201915497 – Conditional Use June 3, 2019 Page 3 of 7 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. Page 12 of 171 FPL Pelican Energy Solar Center CU-3201915497 – Conditional Use June 3, 2019 Page 4 of 7 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. Page 13 of 171 FPL Pelican Energy Solar Center CU-3201915497 – Conditional Use June 3, 2019 Page 5 of 7 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 Page 14 of 171 FPL Pelican Energy Solar Center CU-3201915497 – Conditional Use June 3, 2019 Page 6 of 7 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 Page 15 of 171 FPL Pelican Energy Solar Center CU-3201915497 – Conditional Use June 3, 2019 Page 7 of 7 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. Page 16 of 171 Page 17 of 171 Page 18 of 171 Page 19 of 171 Page 20 of 171 Page 21 of 171 Page 22 of 171 Page 23 of 171 Page 24 of 171 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. Page 25 of 171 Resolution No. 19-XXX CU 3201915497 Page 2 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. Page 26 of 171 Resolution No. 19-XXX CU 3201915497 Page 3 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, Page 27 of 171 Resolution No. 19-XXX CU 3201915497 Page 4 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 Page 28 of 171 Resolution No. 19-XXX 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 Page 29 of 171 Resolution No. 19-XXX CU 3201915497 Page 6 ATTEST: APPROVED AS TO FORM AND CORRECTNESS: ______________ _____________________ DEPUTY CLERK COUNTY ATTORNEY Page 30 of 171 Resolution No. 19-XXX CU 3201915497 Page 7 Exhibit A Location Map Page 31 of 171 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] Page 32 of 171 Page 33 of 171 Page 34 of 171 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» Page 35 of 171 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 Page 37 of 171 Page 38 of 171 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 Page 39 of 171 Page 40 of 171 FPL Pelican Solar ‐ CU‐3201915497 06‐03‐2019 Page 41 of 171 FPL Pelican Solar CU‐3201915497 06‐03‐2019 Page 42 of 171 Page 43 of 171 Page 44 of 171 Page 45 of 171 Page 46 of 171 Page 47 of 171 Page 48 of 171 Page 49 of 171 Page 50 of 171 Page 51 of 171 Page 52 of 171 Page 53 of 171 Page 54 of 171 Page 55 of 171 Page 56 of 171 Page 57 of 171 Page 58 of 171 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. Page 59 of 171 Page 60 of 171 Page 61 of 171 Page 62 of 171 Page 63 of 171 Page 64 of 171 Page 65 of 171 Page 66 of 171   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. Page 67 of 171   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   Page 68 of 171   Page 1      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   Page 69 of 171   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. Page 70 of 171   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. Page 71 of 171   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   Page 72 of 171 Page 73 of 171 Page 74 of 171   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) Page 75 of 171 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 Page 76 of 171 Environmental Impact Report 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 Page 77 of 171 Environmental Impact Report FPL Pelican Solar Energy Center SLC DRC Pre-App No: 1220185421 2    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, Page 78 of 171 Environmental Impact Report 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 Page 79 of 171 Environmental Impact Report 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 Page 80 of 171 Environmental Impact Report 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. Page 81 of 171 Environmental Impact Report FPL Pelican Solar Energy Center SLC DRC Pre-App No: 1220185421               ATTACHMENT A   Figures Page 82 of 171 82 n d A v e 74 t h Av e Sh i n n Rd 82 n d Av e S W 12th St90 t h Av e 26th St FL - 5 1 2 66 t h Av e 9th St SW 20th St 20th StFL-60 FL-60 I- 9 5 N I- 9 5 S Orange Ave FL - 9 1 FL - 9 1 0 1 2Miles 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 Page 85 of 171 Environmental Impact Report FPL Pelican Solar Energy Center SLC DRC Pre-App No: 1220185421     ATTACHMENT B   Tree Survey    Page 86 of 171 Page 87 of 171 Page 88 of 171 Page 89 of 171 Page 90 of 171 Page 91 of 171 Page 92 of 171 Page 93 of 171 Page 94 of 171 Page 95 of 171 Page 96 of 171 Page 97 of 171 Page 98 of 171 Page 99 of 171 Page 100 of 171 Page 101 of 171 Page 102 of 171 Page 103 of 171 Page 104 of 171 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. Page 105 of 171 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 Page 106 of 171 Linda Pendarvis, Development Review Coordinator Page 107 of 171 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 Page 109 of 171 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 Page 110 of 171 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. Planning & Design Review of Illuminated & Electronic Signs ii Page 111 of 171 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 Page 112 of 171 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 Page 113 of 171 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. Planning & Design Review of Illuminated & Electronic Signs 2 Page 114 of 171 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 Page 115 of 171 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 Page 116 of 171 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. Planning & Design Review of Illuminated & Electronic Signs 5 Page 117 of 171 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. Planning & Design Review of Illuminated & Electronic Signs 6 Page 118 of 171 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. Planning & Design Review of Illuminated & Electronic Signs 7 Page 119 of 171 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. Planning & Design Review of Illuminated & Electronic Signs 8 Page 120 of 171 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 Page 121 of 171 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; Planning & Design Review of Illuminated & Electronic Signs 10 Page 122 of 171 •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. Planning & Design Review of Illuminated & Electronic Signs 11 Page 123 of 171 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. Planning & Design Review of Illuminated & Electronic Signs 12 Page 124 of 171 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 Planning & Design Review of Illuminated & Electronic Signs 13 Page 125 of 171 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 Planning & Design Review of Illuminated & Electronic Signs 14 Page 126 of 171 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 Planning & Design Review of Illuminated & Electronic Signs 15 Page 127 of 171 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. Planning & Design Review of Illuminated & Electronic Signs 16 Page 128 of 171 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. Planning & Design Review of Illuminated & Electronic Signs 17 Page 129 of 171 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. Planning & Design Review of Illuminated & Electronic Signs 18 Page 130 of 171 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. Planning & Design Review of Illuminated & Electronic Signs 19 Page 131 of 171 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; Planning & Design Review of Illuminated & Electronic Signs 20 Page 132 of 171 •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. Planning & Design Review of Illuminated & Electronic Signs 21 Page 133 of 171 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 Planning & Design Review of Illuminated & Electronic Signs 22 Page 134 of 171 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. Planning & Design Review of Illuminated & Electronic Signs 23 Page 135 of 171 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. Planning & Design Review of Illuminated & Electronic Signs 24 Page 136 of 171 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 Planning & Design Review of Illuminated & Electronic Signs 25 Page 137 of 171 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 Planning & Design Review of Illuminated & Electronic Signs 26 Page 138 of 171 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. Planning & Design Review of Illuminated & Electronic Signs 27 Page 139 of 171 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. Planning & Design Review of Illuminated & Electronic Signs 28 Page 140 of 171 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 Planning & Design Review of Illuminated & Electronic Signs 29 Page 141 of 171 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. Planning & Design Review of Illuminated & Electronic Signs 30 Page 142 of 171 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. Planning & Design Review of Illuminated & Electronic Signs 31 Page 143 of 171 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. Planning & Design Review of Illuminated & Electronic Signs 32 Page 144 of 171 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. Planning & Design Review of Illuminated & Electronic Signs 33 Page 145 of 171 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. Page 146 of 171 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. Page 147 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 9.2). 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 Page 148 of 171 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. Page 164 of 171 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. Page 165 of 171 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. Page 166 of 171 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) Page 167 of 171 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. Page 168 of 171 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 Page 170 of 171 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 ) Page 171 of 171