Changing the Paradigm

Transcription

1 Changing the Paradigm CONSIDERING INNOVATIVE SOLUTIONS FOR OUTDOOR ADVERTISING RELOCATIONS CAN SAVE TIME AND MONEY Kerry Yoakum Vice President Government Affairs OAAA

2 Topics to be covered Relocation of : Conforming Signs State Nonconforming Signs Local Nonconforming Signs

3 RELOCATION VS CONDEMNATION: THE NEED FOR SPEED

4 Arizona Case Study SR101 and I-17- Phoenix, Arizona

5 Background and Scope Interstate 17 (Black Canyon Freeway) serves as a major north-south artery for metro Phoenix travelers I-17 is an important route for interstate commerce. It serves as the connection for Interstate 40 and Interstate 10, two of the nation s major east-west routes The improvements were part of the 20 year Regional Transportation Plan approved by voters in 2004 The planned improvements are divided into four phases, based on when the funding would be available for those specific improvements Delays or cost overruns on one phase could impact the subsequent phases Phase 1 acquisitions involved 4 billboard structures

6 Site Details Structures Faces Offer Structure 1 2 $842,000 Structure 2 1 $191,000 Structure 3 2 $318,000 Structure 4 2 $842,000 Total 7 $2,193,000 All signs were conforming under state laws and local ordinances

7 Relocation Agreement ADOT presented billboard owner with a Conditional Sign Removal Agreement Set forth ADOT s purchase offer Opportunity to relocate to ADOT excess property and/or Offer to trade easement for new easement out of new right-of-way Timeframes clearly outlined

8 Cost Analysis Structure Cost of Acquisition Cost to Relocate Savings Structure 1 $842,000 $160,000 $682,000 Structure 2* $191,000 $0 $0 Structure 3 $318,000 $115,000 $203,000 Structure 4 $842,000 $150,000 $692,000 Total $2,193,000 $425,000 $1,577,000 All signs were conforming under state laws and local ordinances *Structure purchased by ADOT for $191,000

9 STATE NONCONFORMING RELOCATIONS

10 State Nonconforming

11 Florida Case Study

12 Fla Stat Purpose clause It is the express intent of the Legislature to limit the state right-of-way acquisition costs on state and federal roads in eminent domain proceedings Conditions Subject to approval by the Federal Highway Administration Can t increase the size or height on the sign The sign may, at the election of its owner and the department, be relocated or reconstructed adjacent to the new right-of-way along the roadway within 100 feet of the current location The sign can t be relocated on a parcel zoned residential The sign must comply with the applicable setback requirements The sign owner pays the cost of relocation, unless the relocation costs are required by federal law

13 Fla Stat (5) Stick it to the local government In the event that relocation can be accomplished but is inconsistent with the ordinances of the municipality or county within whose jurisdiction the sign is located, the ordinances of the local government shall prevail, provided that the local government shall assume the responsibility to provide the owner of the sign just compensation for its removal

14 Fla Stat (d) Nothing in this subsection shall be construed so as to cause a sign which was conforming on October 1, 1984, to become nonconforming. Please note that 1984 was the date the state spacing was increased to 1,000 feet

15 Fla Stat Empowers local governments to enter into relocation and reconstruction agreements with sign owners It is a policy of this state to encourage local governments and sign owners to enter into relocation and reconstruction agreements that allow governmental entities to undertake public projects and accomplish public goals without the expenditure of public funds while allowing the continued maintenance of private investment in signage as a medium of commercial and noncommercial communication.

16 Oklahoma Case Study

17 69 Okla Stat 1275(4) Sub Class A Signs Purpose clause For the purpose of providing a method and opportunity to minimize the cost of acquiring legally erected outdoor advertising signs to be taken when the state purchases land under eminent domain Director may issue permits for signs less than one thousand (1,000) feet from another such sign

18 Conditions Relocation site must be comparable to site taken. (ie; Interstate to interstate, inside incorporated municipality to incorporated municipality.) If suitable sites are not available for a sign located within an incorporated municipality, it can be relocated to a site outside of an incorporated municipality. Square footage of display face on the relocated sign can not exceed the square footage of display face of the taken sign. The Department has authority to request the cooperation of municipalities where local permits are required.

19 Relocated Signs Sign No. 1 was a 14 x 48, back-to-back, monopole structure. This sign was located along I-35 at the entrance to a highly populated area. Sign No. 2 was a 25 x 40, back-to-back, monopole structure. (High-rise Love s Convenience Store sign non-accessory.) This sign was located just over 500 ft. from Sign No. 1. Sign No. 3 was a 12 x 40, back-to-back, double-stack, monopole structure. This sign was located along I-35 inside the incorporated municipality of a small town. Sign No. 4 was a 10 x 24, back-to-back, short monopole structure. This sign was located adjacent to a major interstate in the Oklahoma City area.

20 Cost Analysis Location Cost of Acquisition Cost to Relocate Location 1 $54,000 $14,000 $40,000 Location 2 N/A $25,500 N/A Location 3 $72,000 $22,500 $49,500 Location 4 $14,000 $5,500 $8,500 Total $140,000 $67,500 $72,500 Savings

21 LOCAL PREEMPTION

22 Utah Case Study

23 Utah Code (6)(a)

24 Conditions Must be in a commercial or industrial zoned area or where outdoor advertising is permitted The county or municipality shall provide for a special exception to its zoning ordinance. The relocated structure may be reerected to the same: height angle size to the same or comparable vehicular traffic count If a governmental entity prohibits the relocation and remodeling, it shall pay just compensation

25 Wisconsin Case Study

26 Background and Scope Reviewed Options 5 sites / 11 faces Condemnation - $12 - $15 million Relocation Estimate - $1 million Cost Savings - $11 - $14 million Decision: Let s Make Relocation Happen

27 Wisc Stat 59.69(10m) Local restrictions that are applicable to nonconforming structures may not prohibit the restoration of a nonconforming structure if the structure will be restored to the size

28 Issues

29 Billboards on State Property

30 Long Term Agreements

31 Local Ordinance

32 Site Details 5 Sites 11 Faces -> 9 Faces Location Location Location Location Location All signs were conforming under State Statutes

33 Cost Analysis Location Cost of Acquisition City of Milwaukee Enhancement Cost Cost to Relocate Location 1 DOT estimate $0 $0 $0 Amount Reimbursed Location 2 $23,670 $104,596 $475,488 Location 3 $37,873 $52,4777 $95,600 Location 4 $0 $77,656 $ Location 5 $372,892 $313,377 $75,010 Savings Total $12-15 Million $434,435 $1,020,406 $1,043,358 $11-14 Million

34 Lessons Learned Finding common ground and coordinating efforts turned a $15 million loss to a $6 million gain for taxpayers New projects are on the horizon and need to start now to plan Mitchell Interchange (2009) I-894/Loomis west bound ramp (2009) Zoo Interchange (2012) Open minded approach is critical to continued savings Outdated policies need to be questioned/challenged in today s environment

35 Relocation