An Ordinance By The Pasco County Board Of County Commissioners Amending The Pasco County Land Development Code; Section 204.1.A Planning Commission; Section 304.2.D Public Notice; Section 305.2.B Neighborhood Meeting Coordination And Notice; Section 307 Continuance Procedures; Section 310 Performance Security; Section 311 Defect Security; Section 403.5 Construction Plans; Section 406.1.6.B.1 And 3 Temporary Signs; Section 406.1.9.A Additional Standards For Permanent Signs In Residential Districts; Section 406.1.10.B, C, And E Additional Standards For Signs In Nonresidential Districts, Ground Signs, Wall Signs, And Regulations For Marquee, Canopy, And Awning Signs; Section 1003.1 Gates, Fences, And Walls, General Requirements; Section 1003.4 Gates, Fences, And Walls, Non- Residential Requirements; Section 1203.4 Nonconforming Signs; Section 1302.1.D Uniform Procedures And Provisions, Reduction Of Mobility Fees And Waivers Of School Impact Fees; Appendix A Definitions; And Other Sections, As Necessary, For Internal Consistency; Providing For Applicability; Repealer; Providing For Severability; Inclusion Into The Land Development Code, And An Effective Date.

21:08Aye. Motion pass five zero. Move on. Uh move on to P seventy seven.

21:15And to clarify this item was published for hearing on October eighth in the Tampa Bay Times, September fourth Uh and October thirteenth of twenty twenty four. Uh again it was continued. Due to Hurricane Milton to be heard at this time.

21:37Okay, and there's no action required on this item but a reading of it, I guess. We

21:41do have one signed up for this.

21:43Oh yeah, one signed up.

21:44Yes.

21:45Okay.

21:46Thank you, Mr. Chairman M77 is PDE 250003. This is an ordinance by the Pasco County Board of County Commissioners amending the Pasco County Land Development Code Section 204.

21:59Section 304.2.d, public notice, section 305.2.b, neighborhood Meeting, coordination, and notice, Section 307, continuance procedures, Section 310, Performance Security, Section 311, Defect Security. Section 403.5, construction plans. Section 406-106B1 and 3, temporary signs. Section 406-194A, additional standards for permanent signs in residential districts. Section 406-110B,

22:29C and E, additional standards for signs in non-residential districts, ground signs, wall signs, and regulations for marquee canopy and awning signs. Section 1003.1, Gates, Fences and Walls, General Requirements. Section 1003.4, Gates, Fences and Walls, Non-Residential Requirements. Section 1203.4, Nonconforming Science. Section 1302.1 D, Uniform Procedures and Provisions, Reduction of Mobility Fees and Waivers of School Impact Fees. Appendix A definitions and other sections as necessary for internal consistency,

22:59providing for applicability repealer, providing for several inclusion into the land development code and an effective date. This is the uh first hearing uh and the board is requested to accept public comment. Uh the second hearing will be held on November twelfth at one thirty P. M. in Dade City. We have a uh presentation that's so desired. Uh I presume. So this is Land Development Code Amendment number seventy four. It's proposed amendments were presented to the horizontal

23:29round table. and interested parties on September eighteenth of twenty twenty four. And the LPA found the proposed amendments consistent with the comprehensive plan on September 19, 2024.

23:43Because I can't see the screen from that far.

23:48Um I'll walk through each of the amendments very briefly. Um they are fairly straightforward, all of them in Chapter 200. Uh we add provisions if a Planning Commission member's term expires, the member shall remain on the PC on the Planning Commission until such time as a new appointment is made. Um chapter three hundred in procedures. We clarified that posted sign is to meet the specifications in the development manual. This item as well as the next two items are referring to the public hearing uh notice

24:18signs. um that we talked that we've talked about previously. Um Chapter 300 clarifies the Post Assigned to Me Specification Development Manual. Um Chapter 300 Procedures, Section 310 Performance Security. We add a clarifying language to the section to make it internally consistent. Chapter 300 Procedures in the in Section 311 Defects Security. We added language to the section again for internal consistency. Uh no changes were made in the Chapter 400 permit types and

24:48applications. Um section 403.5. In Chapter 400, permit type and applications. In section 406.13, prohibited signs, we clarify that signs having characteristics of Snipe signs are not necessarily prohibited as Snipe signs. Chapter 400, permit types and applications. We provided for the allowance of additional temporary signs 30 days prior to an election and removes the prohibition of double-faced signs. Uh Chapter 400 permit types and applications provides for

25:18the allowance of an architectural top feature for ground science. Uh similar to the allowance in non-residential districts. Uh Chapter 400 permit types and applications, 406-110B. Ground signs, it clarifies that top features are architectural and considered part of the sign structure when calculating sign height.

25:37Uh in Chapter 400, 40610 C2 Signs Wall Signs, we removed sidewalls from disallowance of projection for wall signs. In Chapter 400-406-110-E regulations for marquee canopy and awning signs, it clarified that signs above canopies are not considered roof signs. In Chapter uh ten hundred, miscellaneous structure regulations We add language that chain link, welded wire, or similar fences and gates are allowed on industrial zone properties if they are vinyl

26:07coated with a color that blends into the adjacent landscaping per the direction of the Board of County Commissioners on June eighteenth, twenty twenty four.

26:15Excuse me, Terry. Chairman Mariano. May I? To th to this section, Terry, which is why when we brought this up to make this change understand for the type of fences on industrial. If you look all around Pasco County right now. You've seen the vinyl PVC fence is blown out, looks like a a toothless smile. is what these look at. And if you go by and you look at the industrial properties and other commercial style properties, it has kept their work and their products safely and more securely in

26:46their on their property, in their workspace. So that's why I think it's important that you know chain link is approved and usable on these industrial zonings and you know, some commercial sites. So anyway, uh just real life example and appreciate this change. Yes sir.

27:06Mr. Chairman Mariano's bring you bring that up in so many vinyl things are just like thrown everywhere look like Crap and will for a while. So and I and I like the color part. And You know, whether it be black, green, or whatever it may be. How how would you feel if we then looked at changing what's along the arterials as well?

27:28I'd be a against that. I

27:30I knew

27:30that, but I was

27:31talking to

27:31him.

27:39My my question, I'm I'm all for practical common sense application, right? Not just necessarily what something looks like. And vinyl fences are weak.

27:51in normal rainstorms and they become a hazard. They're dangerous. And I almost think that needs to be on a we need to have a uh a a wiggle room in there depend on what the type of business is of what the appropriate style fence would be if they came in and asked a variant say, hey, this is my type of business. Vina will not be secure, we take a look at it and then we could agree to put Chain links or you know,

28:19masonry something like they used to.

28:21Other than. So I'm I'm not a I'm not opposed. I'm all for, you know, common sense practical solutions here that that don't break the bank either.

28:28So uh the other application that they can use, because I don't think we should be lining our arterial roads with chain link fence, um, is vertical metal fencing. Which is what they do everywhere else. um where they don't allow chain link on their main roads. And that is very safe. Frankly, that's what I would have gone for. um in a l in a lot of places. I tried to do that with the school district when I was on there and that's what Tampa does around their schools. is vertical and I I showed what that looks like. It's not that much more. Um

28:59I I kinda agree with you on the vinyl fences that we're letting all these developers put up. Back in the day before we had all that, they all did masonry fences. If you look at a lo along Starkey Boulevard on a longleaf, it's all it's all it's all masonry. It's either brick or or concrete block. And the vinyl fences in my mind don't hold up. They get dirty. You go to clean 'em, you ruin them. They're a problem. So Uh but I wouldn't I I I'm o I'm okay. I I bent on the industrial for

29:30chain link as long as it's coded. But you can't do that on on the other kind of businesses.

29:38And what was it you suggested?

29:40Vertical. Maybe you can show a picture of what a decorative a vertical metal fence looks like. It's where the the rods go they're usually um s square and they're tall. And frankly, they're much more than that. Yeah. They're much more secure, security wise, than a chain link fence because chain link fence you just put one foot in and hop over. Yeah. Yeah. With a vertical metal fence you c it's much harder to climb over and has a lot more security. Yeah. Well

30:11those are Those are um There you go. That. Mm-hmm. Yeah, and that's a fine alternative.

30:20Mm-hmm. So what's the procedure and

30:26Well I are as he done well they can they can do that already. They can put so that so We're changing to allow chain link for industrial

30:39And c a commercial can use that metal.

30:45But most most commercials don't even put up with fence, really. Very rarely does a commercial Put up a pencil.

30:54Right now, Terry, d nothing precludes a commercial from putting up a vertical

31:02I if we miss that then we should uh make sure they're allowed to put that kind of fence.

31:06I don't believe so, but I'd have to go back and check. D to be fully clear on that.

31:10Are you looking for an option or are you looking for a prohibition? So uh and so If you're looking to move to the to that style fence along the arterials, They're gonna make a they're gonna have to make a change to the the code. If it's just an option I would think that they ha it's a fence, so right. They have the ability to to do that right now. Although we can clarify that between the first and the second hearing.

31:41Here we'll get an answer.

31:44Hi Brad Tippen. Uh we have code currently that says chain link fence cannot be visible from the Wrights Way. So this is actually allowing chain link fence as long as it is coded. uh in the industrial areas, but it doesn't supersede the other code requirement outside of the industrial areas and they are allowed to use any of the other metal types of fences that they want to use.

32:07Okay. So with that. This is not chain link.

32:10No. Correct. No, I was just saying that's how the two things kind of interplay and overlap. The the chain link would be allowed by this as long as it's the coded type in the industrial parcels, but it would not be allowed within visibility of the right-of-way in other areas of the county that are not industrial parcels. They could still use the vertical metal and other decorative metal styles of fence.

32:31Okay. Brad, before you leave it. Is there a Another option uh I don't know what the state of the technology is. Vinyl coded was Historically all you could do Do they now have A different way to color chainly? I just don't want to If it's a powder coated, let's say. I

33:01don't know if that's possible or that's even cheaper. I don't want to

33:05say coded. I don't want to paint on it.

33:08I just didn't know whether you I

33:09don't know, paint

33:10more.

33:16I believe the most common is the vinyl coded. Um There is always an abil you can powder coat anything uh in a color, but it also will uh chip and show wear uh over time so it doesn't it doesn't end up as as long lasting as the vinyl coating. There are other options Um if you wanted to say color colored to match the environment instead of vinyl coded, maybe that would work, but or using vinyl coding or a similar means, we can we can work with that kind of

33:47kind of language and maybe tweak something.

33:50I I'm fine with black, brown or green. After that. I don't want any red or orange or no. You don't want blaze orange? No. Maybe maybe garnet, maybe gold.

34:06I don't see nothing wrong with

34:08it.

34:14But can this

34:15be done? Can this be done without

34:19It's already there. That's what he's saying. It's it's already there. Yeah, it's already there. So we're

34:23thinking we're

34:24We're fine.

34:25Um Hang on, m Mr. Chairman Mariano. So I'm okay with putting the word colored in there. You could revinal coded or colored. But

34:35Yeah. Might hurt you. I don't know if you want to get into the specific colors, but I think it just colored makes it look better, one way or the other.

34:43I don't know if there is powder coated vinyl.

34:46Well it wouldn't be vinyl. It would it

34:47would be I mean powder coated metal.

34:49It would be metal, yes, they do that.

34:51Why?

34:54I I don't think we should do that.

34:55When it breaks?

34:56I think it'll be a I think it'll look bad really quickly.

35:02I think they'll be able to work through it. So we're okay with the language as is. I think

35:08so. If it's in there then we're okay. Just Everybody knows that That's what we need to be asking for.

35:16Chairman Mariano. So the switch, Commissioner Oakley Bullard. What's your language specifically?

35:24It would be or colored. Vinyl coded or colored.

35:28Brad, is there such a thing?

35:32I mean are we gonna have people standing there spray painting their fences? So yeah, I that that may be the the issue is you might have

35:39to do it jobs, but I don't

35:40know how economical that would be. That's all I think.

35:44In this situation we always have the alternative standard process that if somebody does come in with a different idea as to how they wanna do it, we can we can work through that process and get that approved as long as we know the intent is to have that color there. It can be something other than vinyl, we can we can work with that too.

35:58So through staff we can get that accomplished. Okay. That's good to hear.

36:04All right. Um Is there anything else you gotta read or because I got a person to speak to this item?

36:11Just two more things, three more things. Uh Chapter 12, Hunter Nonconformities, we clarified when a nonconforming sign and sign structure is to be removed, and added allowances of multi-occupancy owners to enter into agreements with for future removal of nonconforming signs so that tenants may apply in the interim for permanent signage.

36:28Oh good, that was in here. I'm glad we're fixing that. Yeah.

36:31And then the last two amendments for Chapter 1300 concurrency mobility impact fee clarified the timing of the process for when the county I must it must be informed that a development will be a community or subdivision a Providing housing for persons who are fifty-five plus, fifty-five years of age, so a lot earlier in the process, for example. And then in Appendix A definitions, we modified the definition for canopy sign, marquee sign, and awning signs, and modify the definition of community residential homes in the actual

37:02definitions. Um

37:05The following slides are just the actual text amendment to themselves if you were if you were to care to peruse that. Um otherwise that's the complete set of amendments on this package.

37:16Okay.

37:17Chairman Mariano. Yes,

37:18sir.

37:19Would you go back to the part where you talk about the sign Uh dimensions were if you had a design outside with where the lettering was going to be that would be counted against the

37:28architectural architectural.

37:33You want to see the actual language? Sure.

37:42Temporary sign. Okay. There we go.

37:48So the the actual language says each sign structure area shall not exceed ten feet in height and may contain an ornamental architectural top feature that is uh Sculptural or artistic in nature that exceeds the ten foot height limitation. The ornamental architectural top feature shall not exceed ten percent of the overall height of the sign structure and shall be considered part of the sign structure when calculating sign height.

38:13And that's for residential districts. Those are like subdivisions.

38:19Yeah. I mean j I'm just thinking of let's say you were in a certain neighborhood, like I I'll give you an ex example. Fairway Oak just had their whole sign crushed over, I think, by the storm it looks like. Oh it is. Right. So it's falling over. They gotta they gotta redo it. The nice thing about the sign was they had a nice big sign with the lettering in there about it. And the brick was part of it, but if it's over that height and you're gonna take away their sign it takes away the thing. I think Trinity's done some gorgeous signs of the Florida Lee, et cetera, that look good with that extra little bit of height. I don't think it's a detriment of the Land Development Code. But I think it adds

38:49something to somebody's creative ability to make their sign look better than just a standard box. So I really want to penalize him for the right-of-way. Making it look nicer.

38:57The big ones are the ones that went down. Mind that. But

39:03you have something to add to the right-of-way.

39:05Come forward.

39:06Sorry, Denise Hernandez. Um, I just wanted to make a clarification to the section. So, Commissioner Mariano, the section that Terry read from, that is a section that already exists, which is in for ground signs for non-residential districts. If you look at the above section, 406.1.9, it now allows additional architectural features. Okay. So previous to that, you could not have an increase. Now it allows the actual sum. the sign to be taller because you now can act add this architectural feature on the top of the sign. So

39:36it gives them more flexibility and a taller sign potentially.

39:41I like that.

39:42We wanted to do we wanted to do this the residential section similar to the commercial section. Okay. Thank you. Thank you. All

39:49right.

39:54Do I have to take public comment?

39:55Yes. Yes.

39:58Darn.

40:01Uh mm.

40:08Name and address for the record.

40:11Good afternoon. My name is McCare King with the law firm of iCard Merrill, 2033 Main Street, Suite 600, Sarasota, Florida. I'm here today on behalf of my clients, Benderson85 One Trust and 95 F L R P T L L C. They are the owners of Ridge Plaza, which is located at 8601 Little Road. We're here today in support of the proposed amendments to LDC section 1203.4, specifically related to nonconforming signs.

40:42We feel that the new addition of subsection three allows multi-occupancy parcel owners to fulfill their contractual obligations to their tenants, and we I just want to take a minute to thank staff for all of their hard work and time on this item. Um I will cede the rest of my time unless you all have any other further questions. But again, we urge you to vote um approval of this item. Thank you.

41:05All right. Thank you.

41:10Okay, there's no action required.

41:12Move to approve.

41:13No.

41:14No action required.

41:15Oh no action. First

41:16hearing. First hearing. You can do that on the 12th. All right.

41:21All

41:21right.