Loading...
17-1447 Executing a MOA with Clear Channel Outdoor, SR 434 Median Improvement Landscape ProjectRESOLUTION NO.17-1447 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF LONGWOOD, FLORIDA, EXECUTING A MEMORANDUM OF AGREEMENT (MOA) WITH CLEAR CHANNEL OUTDOOR REGARDING THE SR 434 MEDIAN IMPROVEMENT LANDSCAPE PROJECT. WHEREAS, Clear Channel Outdoor and the City of Longwood desire to facilitate the SR 434 Median Improvement Landscape Project; and WHEREAS, Clear Channel Outdoor has requested a Memorandum of Agreement related to Section 479.106, Florida Statutes, which provides protections for "view zones" related to legally erected and permitted outdoor advertising signs; and NOW THEREFORE, BE IT RESOLVED by the City Commission of the City of Longwood: Section I: That the City Manager is hereby authorized to make, execute, and deliver to Clear Channel Outdoor the Memorandum of Agreement for the aforementioned project, attached as Exhibit A. Section H: That a certified copy of this Resolution be forwarded forthwith to Clear Channel Outdoor at 5333 Old Winter Garden Road, Orlando, FL, 32811. Section III: This Resolution shall become effective upon its adoption by the Commission. PASSED BY THE CITY COMMISSION OF LONGWOOD, FLORIDA, IN REGULAR SESSION THIS 6TH DAY OF NOVEMBER, 2017. City of Longwood, Florida 4 /:;�- �� J ep ayor Approved as to form and legality for the use and reliance of the City of Longwood, Florida only. 1, Resolution No. 17-1447 Page 1 of 1 MEMORANDUM OF AGREEMENT BETWEEN Clear Channel Outdoor 5333 Old Winter Garden Road Orlando, FL 32811 321-445-2652 BrentDavis@clearchannel.com AND City of Longwood 175 West Warren Avenue Longwood FL 32750 407-260-3445 jwilliamsna,longwoodfl.ora This memorandum of agreement is related to SR 434 Median Improvement Landscape Project being designed between I-4 and Rangeline Road in the City of Longwood, Seminole County, FL ("City of Longwood" or "City"). The view zone associated with this agreement is proposed within or adjacent to the view zone of your outdoor advertising sign, permit tag number CJ806/CJ807. The purpose of this agreement is to allow vegetation to be planted within the view corridor as described further on Exhibit A, the "Vegetation Plans", with the condition that the height of the vegetation will not exceed six feet. The conditions of the agreement are enumerated below 1. Vegetation within the view corridor will have a maximum height of six feet. Height will be measured from the ground at the base of the tree to the highest limb. 2. The City of Longwood will be responsible for all costs associated with maintaining the vegetation at a height less than six feet. The City will be proactive in monitoring the vegetation height. 3. If the vegetation height exceeds six feet Clear Channel Outdoor shall notify the City in writing of the exceedance. The City shall have fourteen days after receipt of said written notice to rectify the exceedance. 4. If the exceedance is not rectified within fourteen days, Clear Channel Outdoor may have the vegetation trimmed and bill the City for the costs. 5. In the event Clear Channel Outdoor must exercise section 4 of this agreement more than five times, Clear Channel Outdoor shall have the option, upon written notice, to remove the offending plantings/vegetation within the view corridor and bill the City for the costs of the same. 6. The provisions of sections 3, 4 and 5 shall be Clear Channel Outdoor's sole remedies against the City for the City's failure to comply with the requirements of this memorandum of agreement. 7. The City of Longwood reserves the right to remove the vegetation at any time and to terminate this memorandum of agreement upon written notice. This agreement will be provided to FDOT to communicate the revised vegetation height agreement. The following Florida Statues are attached for information purposes. Section 479.106, Florida Statutes Rule Chapter 14-40.003(3)(b), Florida Administrative Code Rule Chapter 14-40.030(b) and (c)2., Florida Administrative Code Section 479.106, Florida Statutes (6) Beautification projects, trees, or other vegetation shall not be planted or located in the view zone of legally erected and permitted outdoor advertising signs which have been permitted prior to the date of the beautification project or other planting, where such planting will, at the time of planting or after future growth, screen such sign from view. (a) View zones are established along the public rights -of -way of interstate highways, expressways, federal -aid primary highways, and the State Highway System in the state, excluding privately or other publicly owned property, as follows: 1. A view zone of 350 feet for posted speed limits of 35 miles per hour or less. 2. A view zone of 500 feet for posted speed limits of over 35 miles per hour. (b) The established view zone shall be within the first 1,000 feet measured along the edge of the pavement in the direction of approaching traffic from a point on the edge of the pavement perpendicular to the edge of the sign facing nearest the highway and shall be continuous unless interrupted by existing, naturally occurring vegetation. The department and the sign owner may enter into an agreement identifying the specific location of the view zone for each sign facing. In the absence of such agreement, the established view zone shall be measured from the sign along the edge of the pavement in the direction of approaching traffic as provided in this subsection. (8) The intent of this section is to create partnering relationships which will have the effect of improving the appearance of Florida's highways and creating a net increase in the vegetative habitat along the roads Rule Chapter 14-40.003(3)(b), Florida Administrative Code No planting or installation of vegetation or other landscape material for landscape projects, or issuance of permits for such planting or installation, including construction and beautification projects, is allowed on Department right of way which screens or which, when mature, will screen an outdoor advertising sign permitted under Chapter 479, F.S. This prohibition applies to outdoor advertising signs exempt from department permitting requirements that are on the state highway system and located within incorporated municipalities. This prohibition applies to all landscape, construction, and beautification projects on Department right of way regardless of the source of funds for the project, except for landscape projects approved by the Department prior to the date of the original, state sign permit for the sign. For purposes of this rule, a landscape, construction, or beautification project is approved when it is specifically identified in the Department's five year work program, is a permitted landscape project, is part of an executed agreement between the Department and a local government, or has been approved in writing by the Department for installation at a later date by a local government. 1. Screening is prohibited within a view zone. 2. When a landscape project is proposed within 1,000 feet approaching a permitted outdoor advertising sign which does not have an approved application for vegetation management, the landscape architect of record will notify the sign permittee at the address provided in accordance with subsection 14-10.011(2), F.A.C., that the permittee has 30 days to submit an Application to Permit Vegetation Management at Outdoor Advertising Sign... If an application is not submitted by the sign permittee within 30 days of notification, screening will be prohibited as described in paragraph 479.106(6)(b), F.S. 3. The limits of the screening prohibition may be adjusted pursuant to a written agreement between the sign permittee and a local governmental entity. Rule Chapter 14-40.030(b) and (c)2., Florida Administrative Code (paraphrased) A Vegetation Management Plan and the services of a certified arborist or registered landscape architect are not required for applications submitted exclusively to establish the location of a view zone. This memorandum of agreement shall be construed in accordance with and governed by the laws of the State of Florida. Exclusive venue for any action or lawsuit interpreting or enforcing the provisions of or relating to this memorandum of agreement shall be in Seminole County, Florida. City of Longwood, a Florida municipal corporation /7 By: / ` Jon C. Williams,4Cityanager Attest: 'che e er Date: 1 0 1, au-1-- Its: S Y v4e n ►� , �"n f Date: , n r� _ S� L. c; i ,S' VA t I q ONGWODD � o ©o oX ma �c min SR 434 DSCAPE IMPROVEMENTS I LAD ww,u°��vY'Ya •ro � .v«ms'�..urna�"` �.�aana"�'ro m �xr�i'�loi'aa", m ,�,�irY"""a tv v i� o,�s n mame w1mK As xla�.xr m A.® eAYAm ro wif /m Oo s Nn2 IXMS 4alIXR m9ueeD SwLL ��n6 mlaAnmY EaTi)ff�Mo 9i.Kt E ®ImAlm IrnIKM arPY S1Ka: M LKwnW C! I1L RAM uAIOeK Rem ro eeMmle eSTK1ATm M A �I� A91�OVK 4! TC :Am4`vF .uD11¢2 11E ILJ- Mb rF /AIL qlM Wmul 6 t LVeia[ mN,MCIW slid. mvmlA,E eaR ,en, iwcAtwr, mMMCm1 ua ALL vM1, 1Palfs e. A•E •OL 6TUIDrvlI ip m�eunM 1AV]IMc � pAYI� u(R RAM CmiMGe m � •RIJ.Na 6 MM ,W1CM�1 4AVI 1M V�U1A,W0 m xm m91Al�Ye �crtT. a�m m remn As m¢o o'�iac°O,uA w MD Ax ocumn rwv u me.Ta R M uwa�;u oa �r.m�"� W1pcY INNl E A REL AM alea:l ASspAY2 1•Ie RamA Nn , a4 AWN ro M'o/LtY AND RA"Wlea mnn• Rnlasfn •V M 0.»mA mArnort v Awou,ai ,vm oorae�"ml v�Y�x� `um� .0 KCAye'im � mrY r�m�xe :m a ru Kw v x n.wrtn am swo/ova.maAu iimF �0 �AR'A�s ,YE aw_®n le ,a�K rm�arximrAn�uno� Ipsmai uun ¢D' rtA,u'Mo am •m°amTwo�a,emnaed u•Y �wAaww AalsmulamK�i apl�w .wAs m a°�no eom IOK K0 Mil®p llff ��kII�,GlY6 MCE110 mt0101mR1f of M Wat'� a M M 0 �mnsAenD[ mIWL25m IFRs M Etsl YfaMa @ aE[ml 1pa /OI AmY•aK nF mlllRAcml s1ALL RteYSE YMf P.a¢a AS 1EW61W aNl em,me M leaf mR> M _ Wf Nef IlvM1m le ANe NL mSa fA OiDesN[ YAT,eay remuma, Q+t,erA4 a�nTRllxn�E ni IwnM � m u�[Fef@nW ra wW s�iu ®Wmw.�mKlap4 Yvn � mmm ucr wosY'u ANr a ME ma urea . M wart uer. wtw.u; Pgae�Cry Km bameoR oYIL •O atom➢ q KI n1eu1® IAa01 A! Oeea'Im R vwml a o,•e3�Y RO•¢salfAm£ mmsartAm£ .vO Oveurtl ,99GL FMYIG aWt 6 AaAa sIAl1. e: 11e: IOv�YR mxtw:tw ovuID, R n6 Dwelt arlt u eltx 6 IWvt E➢mVJ!! K9 �I�stY�a lle m�NIMCtoA Km m •aa •R,I Oreal nK6 NO M ow11 a oamft IE]eCt7DtffAmE ��w14 mre:twcml sn�eallsIIp a Q�io witch A m�iruR um no® nmt[.T vl 1t� mr �ffi�t � � ���QAE ss of mIN1 YfIDlunuY As mLueS r smry a,�utt Aw sr�uauwY¢� �m� un�a¢aa KL 0.AYf arKmRS a® mm)Ita M ALL utn 1 s�unolC. nwt � Y a �lms ws vtow a vimclnE wARINO RAI6 Nfl I�ReetuK RAN,6 NC OelaewID n�'obv /+m�lAlm ma ml M�tY RAMS uRT mmlN�. @ R�iNrpim ¢T@NSNNAs 9SID1G 1a, Netlel RAMNe bratWtat naiY � rw,RYY '�IIa m MA r�ml swm (tom mM m¢tRtCtm A� A urtun mnr¢ a n® � rH¢ Wxcw ru uwe fsm� m vmm? mwem mwa seanq 31 nE RANI YAeaAN1Y PFam w ,,Fill R1N Re.K muRFtaa PLANT SCHEDULE O. ucw •..1 ar >w ulb/�r�.w.Y lam.' vM •Nt. OW W uaba� o y IIrM�• / I.�✓,tl �Yv u pf aSm IO-tl . f-! 11 Owro �rt�.I.aM wa /,m.ee..b ba Waa bvYn t•P tM. a O W Y• o... Y�ID� aW�nl� �. %nti' u .f a�Ya tr-fY . r-f u L W tna dart F-tL •I ci © `A' TSYr, .°"i.�"Yo / ae�e ,bum CL "r vw trtil. l-r • Q Y.c M 11�� / Y�rl f.r.. va. o..• u a aroe r-tr . t-r • !� b ewe L OG 000LY,Y{.L.m1pLYY[ � rD>a O0N 0' sm ,e tSmrY• / •amd �LYY'M.e.' a N ass El ®' lel A.N. / liaa4e.n Wm fn.r a.s�l tea a .c tta I �n.iKr-ann Mainlnn�nnn C�I.ew.�te f cIF HARMED, TIE AOIIVRY W41 TAIR MLT ONCE EACX 1AONM 2 VECEfATON W,TUN eow OFTE i1BW11D WILL BE IMIMAINEDATAIEWNl OFIOR IECS. MY OF LONGWDOD SR 434 LANDSCAPE NOTES k SCHEDULE Wcs` Li.tO 10 5 AC .1 flyos �anq*llno Rd NEXT SIGNAL 00 Z z o Lo 0 W x 0 af 9.,? czd TP, 6e Ji 'IVNOIS 1X3N URPI-144S