vineland pointe pd/lup substantial change request orange county board of county commissioners august...

Vineland Pointe PD/LUPSubstantial Change Request

Orange County Board

of County Commissioners

August 20, 2013

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Impact Communications

Outdoor-advertising company Established in 1990 Small business located in Orange

County Woman-owned

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Impact and I-4 Billboards

From 1990 to date, Impact has removed 34 billboards from I-4 in Orlando and Orange County

Total of 54 faces removed All removed from tourism areas on I-4 34 billboards replaced with 9 billboards

(net reduction of 25 billboards) No other billboard company even comes

close

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Impact and I-4 Billboards

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“Hickman Billboard” Agreement

August, 2000 – agreement entered …• Impact removes 3 billboards (4 faces)• Impact erects 1 monopole• “Term” of only 13 years• Agreement requires sign to be removed as

of July 1, 2013

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“Hickman Billboard” Agreement

THEN: Consistent with Clear Channel billboard at OCCC• Former “YMCA” billboard• 10-year term

NOW: Not so much

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NOW: Other billboard company gets much more favorable treatment

Clear Channel sign at OCCC • Extended to 23 years• Probably to be extended for 38 years

Clear Channel sign at Sea World• Approved by DRC in 2002 • Full-fledged billboard • No longer an “onsite” sign• No “termination” date – perpetual

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NOW: Other billboard company gets much more favorable treatment

Clear Channel took down no billboards whatsoever

Clear Channel is not an Orange County-based business – out-of-state company

Clear Channel is not a small business – huge corporate conglomerate

Clear Channel is not minority-owned or woman-owned

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Impact’s Request to BCC(February 2013)

Same treatment as Clear Channel board at Sea World …• No termination date• Perpetual rights to operate

Alternatively, same term as Clear Channel board at OCCC – 38 years total

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Board Action (June 2013):

Contract amendment: 25-year extension to match Clear Channel board at OCCC

Legal/technical contingency: Approval of “substantial change” to conditions of approval for Vineland Pointe PD/LUP

Impact accepted the limited extension and contingency

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Why Approve?

Good policy, smart precedent …

Impact has helped reduce billboard clutter

Will Impact’s good deeds be punished?

Signals to other billboard companies?

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Why Approve?

No bad precedent … Only three billboards

• … on I-4• … in “tourism district”• … permitted after 1990• … with “term” issues

Clear Channel’s two billboards have SET the precedent

No others will follow Impact

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Why Approve?

Smart legally … Impact’s potential claims

• Equal protection• Requirement for “just compensation” plus

legal fees Impact and Carter Vineland Pointe,

LLC, would MUCH PREFER TO …• Just do business, and• Never litigate