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.

3:12Proof of publication, Tampa Bay Times, September 4th, 2024. The item was moved from the October 8th, 2024 BCC meeting. To the October 22nd, 2024 BCC meeting due to Hurricane Milton. It was then continued to today. I do have a speaker on this item.

3:31Yeah.

3:33Okay. So

3:37Okay. Um all right. Um item P fifty nine. That one's a mouthful. Is uh PDE 25003, 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. Public Notice, Section 305.2. Neighborhood Meeting Coordination and Notice. Section 307: Continuance Procedures, Section 310, Performance Security, Section 311, Defect Security, Section 403.5 construction plans, Section 406.1.6.5.

4:08B point one and three temporary signs. Section four hundred six point one point nine point A additional standards for permanent signs in residential districts. Section four hundred six point one point ten point B C and E additional standards for signs in non-residential districts, ground signs, wall signs, and regulations for marquee, canopy and awning signs, Section 1003.

4:30Section 1003. Fences and walls, non-residential requirements, section 1203.4, non-conforming signs, section 1302.1.d, uniform procedures and provisions, reduction of mobility fees and waivers of school impact fee, appendix A definitions, and other sections as necessary for internal consistency, providing for applicability repealer, providing for several severability, inclusion of the land development code, and an effective date. This comes with a recommendation to accept. public comment and adopt the proposed ordinance by roll call vote. Okay.

5:01All right. Um we have someone sign up for this item. We do, McCary King.

5:10Welcome. Name and address for the record.

5:12Good afternoon. My name is McCare King with the law firm of ICard Merrill. Our address is 2033 Main Street, suite 600, Sarasota, Florida, 34237. I'm here today on behalf of my clients, Benderson 85 One Trust and 95 FLRPT L L C who are the owners of Bridge Plaza. We want to thank you for the amendments in front of you today and urge you to vote approval of specifically LDC Amendment twelve oh three point four related to nonconforming signs. We want to thank staff for

5:42their hard work on this and again urge you to vote in approval. Thank you.

5:47Okay. Is anyone else to speak this item?

5:50No one else has signed us.

5:52Does anyone in the audience wish to speak this item? CMO one? Mr. Jim? Yes.

5:57I'd like to make one uh change um under section 406161. It's about the temporary signs, coming to display.

6:12And it's ask it it talks about right now as far as the timing goes. But it doesn't really address as far as and I think we're trying to put in political science here. But as far as a time for political science I should I think it should be like from day of qualification till five days after. And I think five days after probably could be ten.

6:39Mine aren't getting picked up, I promise.

6:42It just it just you know, doesn't have to make

6:44it just takes time. So I'm trying to f get down to where the commissioner is referencing. Four oh six one what was the reference? One six and then one

7:00Yeah.

7:07Right there.

7:16So what part are you trying to change?

7:18So i in in the midst where it's lined out, it talked about uh temporary political campaign signs may be posted nowhere than fifteen days prior to the date of the candidate qualification. The major should make it candidate qualification. It must be no later than five days. Uh they could put that line back in there but just make it from the date of qualification and then I would say even like ten days after election.

7:54Temporary sound.

7:57Unfortunately I pulled up the non-struck struck through version.

8:02Uh inside

8:14Is this for political science?

8:16It was and then they crossed it out so you don't see it, but I wanna make sure w it it works with that 'cause the the way it's worded right here it doesn't deal with what we're we' w what we had going on. I think when you spoke to the right-of-way,

8:30prior to an election. Okay.

8:32I don't know why we wouldn't Why would you put out signs if you haven't qualified? So it says fifteen days prior to qualification.

8:41No, it should be after

8:43yeah, or after qualification. Or at qualification. Yeah, I probably had day day of qualification, but or whatever verbiage.

8:58What does it mean four of said signs? Why isn't all of said signs shall be removed? Why off of there?

9:06So you only want?

9:10But that's that could that could be a it could be a different sign on someone's property.

9:14Well okay. Um

9:17Because you're you're not dealing with political signs. Okay. You're dealing with all temporary signs. So you can you can have one temporary sign

9:29in a non election cycle.

9:33Okay, I I I understand that that work around. But no one's enforcing this, sadly. I I hope one day and maybe now we have someone in code who will help educate our code people that you can't have five five flapping signs on your property, you only can have one.

9:50I I just want to let the board know that um Ms. Hernandez is is here. She is our lead of our ordinance development team and could answer any questions pertaining to this work this item. Maybe she should

10:02take out that becomes a Pond qualification.

10:07Maybe if Denise comes up and explains that to us uh she has a good understanding of this ordinance, I believe.

10:14Denise Hernandez, Co-Compliance Department. So uh what you're reading now, um Commissioner Mariano, the stricken area, that is what our um our item currently says, our code currently states. So that basically contemplated just having one sign. Obviously that doesn't make any sense with you know there's several candidates, there's parcels that are larger parcels, etc. So the way it cur it reads now what we are proposing is to have a temporary sign, each

10:44residential, non-residential, a vacant lot, um to have a up to a total of five temporary signs uh that are displayed on these lots. Um you know, pri immediately prior to an election. And then four of those signs have to go because you're only allowed as Commissioner Starkey was stating and um Our county attorney was also stating that you're only allowed one temporary sign per establishment. So there's going to be a period of time during the election where you will see a

11:15multitude of signs because remember we cannot tr we have to treat all signs the same way. We can't specifically state that these are the way we treat election signs, these these are the way we treat other types of signs. because of the Supreme Court decision that came down in 2015. So if you want to state the time prior

11:39Um prior to or at you know At the time of qualification we can We can state that, I suppose.

11:48Yeah, I would prefer uh if you wanna play with a larger time frame in front of the election sixty days, ninety days, whatever. I that would be a better way to address it than to put the language back in about qualification. Okay. Because this is

12:09We are really trying to Walk the line with Reed. Um And not Have a content based

12:22Code provision. Um but we are creating an amnesty period in front of an election for other temporary signs, whatever they may say.

12:36So what verbage do you want to put in?

12:38So so if if you think thirty days is too small a period of time Uh I would go to sixty or ninety. Uh you can you can Probably not but understand that it may not just be political signs that show up during that amnesty period. It may be

13:01Banner signs, advertising, whatever. Um because we can't look at the content.

13:08So we can't just limit one or the other, just have to all of match fit in the same

13:12category. Right. All temporary signs are treated the same. However however long you want to allow that is the board's call.

13:23Well, I mean you've got a primary. You got a primary, you've got signs already out. How long is it before the primary to the election? Yeah, so we get from June to August

13:31for the primary. But you've got Yeah, so you've got that's an election. The primary would be an election, so there there's a it's a period of period for that. It's period of time. For that.

13:48Then it would be 'cause

13:49you don't take your signs down.

13:50Right. Right. So It's sixty days between the between the primary and the And the general? So do it sixty days? So if you change that thirty to sixty, I think you you're covering the issue that I think you're looking at.

14:06Okay. And I think if you put at day qualification as opposed to or no, is it just you want to leave that out completely?

14:12Yeah, we won't leave that out completely. So it it'll be it because the election primary or general is the election that would be the the thing that we would count from and then if the board is okay with sixty days in front of the election then that that

14:32I think ten

14:33days is a better amount of time to pick up the signs.

14:37So that's your motion? That is your motion.

14:39So for clarification, um it should say duration of sixty days immediately immediately prior to an election and then the removal is ten days after the election.

14:48Perfect. Thank you. That's good. Okay. So I have a motion. So move.

14:55One second.

14:56Okay. So this is my rofall folk.

14:59Alrighty. District 2, Commissioner Weightman. Aye. District 3, Commissioner Starkey. Aye. District 4, Commissioner Yeager. Aye. District 5, Commissioner Oriano.

15:08Aye.

15:08District 1, Chairman Oakley.

15:10Aye. Motion pass 5-0.

15:12Thank you, Commissioner. Thank you.

15:14Thank you. Now we move to uh P60.