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PDD-22-0397 land development code sign amendments

What the county recorded

This item is not from the published agenda

It is a stretch of the recording that this archive identified as a separate matter — a call to order, a recess, or something taken up that the agenda does not list. There is no official title, no staff recommendation and no outcome, because the county never recorded one. Everything below is inferred.

The source document

Published agenda

The county’s agenda for Board of County Commissioners, Jun 7, 2022

The published PDF, as served by the county. This item is one entry in it.

Approved minutes

The county’s minutes for Board of County Commissioners, Jun 7, 2022

The published PDF, as served by the county. This item is one entry in it.

What was said

Transcript

Machine transcription of 14m of recording, with speaker names inferred from voice matching. 100% of 78 lines carry a name. It shows what was said, not what was decided, and both the words and the names can be wrong.

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Kathryn StarkeyChair

Meeting of June seventh, twenty twenty two. Instead of

Kathryn StarkeyChair

Madam Chairman and members of the board we approve the publication of the hearing of this matter at this time in the May twenty second edition of the Tampa Bay Times.

Denise

Good afternoon. Good afternoon, Madam Chair, Commissioners. Denise Hernandez Planning and Development. This item, which is PDD twenty-two zero three nine seven, this is the first reading on the item. I will read the title. It's an ordinance by the Board of County Commissioners, amending the Pasco County Land Development Code ordinance number 89-21 as amended, providing for amendments to section 406.1 signs, section 601 traditional neighborhood development, section 1200 nonconformities, creating section 1203.4 nonconforming

signs, amending appendix A definitions, providing for additional amendments as. Necessary for internal consistency, providing for applicability, repeal, or severability, inclusion into land development code, modification, and an effective date. So by way of history. Um See if I can bring that the PowerPoint up. So the these amendments that are before you uh basically the we've been working on these since probably 2017 or so. So um

there are several parts to these amendments. Uh the first being is that we needed to be compliant with the Reed versus Town of Gilbert Supreme Court decision of twenty fift 2015. So basically, um Reed versus Town of Gilbert, the United States Supreme Court addressed the constitutionality of a local sign ordinance that had different criteria for different types of temporary non-commercial signs. As a result of that decision, it's appropriate and necessary to modify and update certain sign regulations in order to respond to the

parameters outlining permissible government regulation of signage. Additionally In 2019, on April 2nd, there was a workshop to the board regarding digital signage, and the Board of County Commissioners directed uh county staff to move forward with modifications to 406.1 to allow digital signs for office commercial and industrial districts. And then those types of entitled properties within the MPUD district. Additionally,

just recently we added that there could be digital signage for homeowners associations and condo associations that are established for Florida Statutes 720 and 718 respectively. In addition, the 406.1 signs was restructured for each of ease of use. Um we clarified terminology throughout the section.

These um we moved nonconforming signs to four oh six point one From 406.1 to 1203.4 in non-conforming signs. We added prohibited materials to the prohibited signs section. We added maintenance standards for temporary signs. We added computation of sign shape and area. We actually took that from 601.10. and moved it into 406.1 as well. We also added non-substantial and substantial modifications to unified sign plans, which were not present in 406.1.

So the subject proposed amendments were presented to and discussed with the LDC interested parties and horizontal roundtable group on April 18, 2022. In addition, uh prior to that time we did send out the sign code updates to the horizontal roundtable and interested parties folks and uh the changes have been on our website since that time. And on June 2nd, 2022, the local planning agency unanimously found a proposed amendment consistent with a comprehensive

plan and recommended approval to the board. Today is just your first reading, so we're asking you to accept public comment. There's no action required by the Board of County Commissioners as this is the first of the two hearings and the adoption hearing is set for June 21st, 2022. I do want to say that we have met individually with commissioners and there have been some comments that have been made and we will be addressing those prior to the adoption. So there's a few tweaks that we need to that we still need to do. So I am here for any questions you may have.

Kathryn StarkeyChair

I have some questions but I'll let my fellow commissioners go first. Do you guys have any questions?

Okay, um I we talked about some cleanups and so where are

Denise

we on? So those will be ad those will be addressed. So the cleanups that we talked about to put those into the record are the section about um the materials that can be used for signs. There was a concern that by stating that they're unfinished materials that that would potentially um uh disallow artistic metals. So we're going to be taking it that into consideration. There was also a comment about the temporary

signs maintenance standards and that they have to be removed within 24 hours notice by the county and safely stored when there's a the government authority states that weather conditions require storage Loose items. You wanted to button that up a little bit. I will be discussing that with Christy Sims. And then the last item was regarding the Homeowners Association, condo associations, and community development districts of signage, where they're not not for them for them not to be

visible from collector and arch and arterial roads. Yeah, they're so those are things we're going to be working on.

Kathryn StarkeyChair

They're community building. not that fifty-four and Starkey or whatever. Um one more thing that I I wanna discuss and maybe you can do a little research. I um a temporary sign can be um With a uh what's the flapping one? The uh feather banner, is that what we said?

Denise

Feather banner,

Kathryn StarkeyChair

yeah. Um We don't have any restrictions on the width and while I while I see that the industry standard maybe seven and a half feet or eight feet by two or two and a half to have an eight foot by four foot Flap

Denise

and feather banner is not okay. As as discussed, that section just basically discusses all kinds of temporary signs. So a temporary sign cannot be any more than four feet wide by eight feet.

Mike Carballa

Yeah.

Denise

Except that's in height. You can't like we're it doesn't specifically say a a feather banner can't be that. It's just a temporary sign altogether, cannot be more than four by eight.

Kathryn StarkeyChair

And I would like to add that a feather banner cannot be any wider than two and a half feet. Because a four foot flap in Piece of fabric can hurt somebody. And um and while I don't think you can buy one, I don't think you can make one.

Denise

Yeah.

Kathryn StarkeyChair

And um and that's that's that's a real hazard at four at four feet. So Um what what kind of materials do we require in the way that they put up their

Denise

temporary sites?

Todd Pressman

Yeah.

Denise

So um so there's different types of materials. I'm I'm are you confusing the temporary signs with permanent signs? No. Okay if you 'cause the temporary signs I mean you know a banner can be placed on an actual you know, fence, a banner can be placed on posts, so it could be hung by posts, and then a feather banner has that actual wire component. Um that that is is part of the structure of the feather banner.

Kathryn StarkeyChair

Okay, so um the post you talking about like two pieces of wood. Yes. And where what are the restrictions on where that wood can can be on their property?

Denise

So the the setbacks haven't changed, so the the setbacks for the temporary signs, let me go into that section.

Kathryn StarkeyChair

Yeah. Cannot be in public right-of-way

Denise

can never be in the public right-of-way. That's completely.

Right, but it's prohibited. Completely prohibited. Um so five five feet were from the right-of-way line and uh twenty feet from the intersection of any rights of way. So it's in section uh four oh four oh six point one. Point B, point two. And they can be two sided or just one side. Um they can be

The code doesn't say that, so we can clarify that. But it's usually just one sided. Right. Because two sided means are putting two signs together. So

Kathryn StarkeyChair

just just little cleanups. Sure. Okay. Any other See I personally just want to get rid of those, but I know I may be the only one. Yes.

Christina Fitzpatrick

I would like to hear the views of Are you allowed to use a blow up inflatable sign such as an IC if they're having like a free IC day or a grand opening? Then those

Denise

are

Christina Fitzpatrick

prohibited. Yeah.

Denise

Those are prohibited signs.

Christina Fitzpatrick

Even if it's a temporary one to bring in advertising, they're prohibited.

Kathryn StarkeyChair

You know, a lot of communities don't allow temporary signs at all. We're kinda out there still allowing these in the statements. So

Christina Fitzpatrick

You said communities. So is this only residents? A

Kathryn StarkeyChair

lot of counties. A lot of s you know, we're a s county that acts like a city, because we don't have any big cities. So The trend is to not allow temporary signs at all. Um I'll

Ron Oakley

give you an example. The uh seven eleven will open up somewhere. We all know it's a brand new seven eleven.

Kathryn StarkeyChair

Yeah. Right.

Ron Oakley

But they don't need twenty signs flying in the air to show that. They can they can have one, I believe. And that's good enough. Yeah,

Denise

everyone's allowed to have one temporary sign. They can have one temporary sign and then um the direction of the board back in 2019 is that if the property can if the property has digital signage, then they can't have additional temporary signage because digital signage allows you so much message so much more messaging over um just a a regular monument sign. Mm-hmm.

Christina Fitzpatrick

Well I just bring up the inflatable 'cause I saw one the other day. And if it's National Free Slushy Day or something, if they're advertising something for one day, they can't even have that. No, it's

Denise

a prohibited sign.

Kathryn StarkeyChair

Which I am finally.

Okay. Um I don't think there's any action required. We need to

Jack MarianoVice Chair

have a public hearing.

Kathryn StarkeyChair

No. Okay, we'll take after Commissioner Mariano's.

Jack MarianoVice Chair

Thank you. Um Denise, I'm I'm very appreciative to meet with you and and Elizabeth about this that you're bringing it forward. It's been a long time coming. A lot of things you have to take care of. Um I'm very happy with the response I got. One of the places I was concerned was Summer Tree. Uh they were thrilled with uh what was going on. Um I don't know if she got a hold of the people at Stockyard. I didn't hear anything from them. Um

Denise

So I will say that and and I should have started by saying this that um my good friend and colleague Elizabeth Blair who would typically tag team on this with me, she's under the weather. So I I believe she did put in a call or an email she just hasn't heard back from them.

Jack MarianoVice Chair

Okay. It was one of one of the group that was

Denise

and then

Jack MarianoVice Chair

she reached

Denise

out to that attorney that you

Jack MarianoVice Chair

Yeah, but

Denise

that's something that's handled under the current code. It's not It won't be affected by this.

Jack MarianoVice Chair

Great job with this. Uh I think it's gonna be great even for our like our libraries. Well now instead of having to go uh change all the things back and forth. Now they can just have a sign that they're gonna change and it's gonna be some some great efficiencies and I think it'll look better as well.

Kathryn StarkeyChair

You know I d I didn't ask you but we did control the um lumens and foot candles and all that stuff.

Denise

Oh that's that's all in there? Okay. Yeah, Elizabeth was a big champion for NITS. Okay. Yeah.

Kathryn StarkeyChair

Does anyone in the public wish to speak to this Anyone online wish to speak to this?

Kathryn StarkeyChair

We have no one online.

Kathryn StarkeyChair

And um you met with stakeholders and all groups and

Denise

Yeah, so we um again we um sat through we went line by line in each ever every single section with the um Horizontal round table and interested parties and we've had this on our website with any questions or concerns, reach out to Denise Hernandez. Haven't heard back. And I do want to say that This doesn't happen in a vacuum. We've talked to code enforcement, building construction services, several folks in the county attorney's office, not just Elizabeth. Elizabeth, Christy, Nikki, David.

I mean, just a it's it takes a a village to do something like this. So uh so I I'm very grateful for my village and my tribe.

Kathryn StarkeyChair

The the other thing that didn't come in that um that I wished for was a sunsetting of the old ugly signs. And I would have liked to have I mean, signs only have a lifetime. Uh and d I mean they don't last forever. And so I would have Like to have been able to sunset the old ones that Um in my opinion when you have a new McDonald's with the new monument sign that looks so nice and then you have the Burger King with the

sign from forty years ago that's three times, four times bigger, it's not an even fair playing field and I think we should be getting everyone to the same level playing field and even if we have to give an economic incentive

Denise

I th I think with the creation of twelve oh three point four you're gonna see that there's a lot of that stuff that's gonna come down because you'll have to uh bring the property into conformity in so many different um instances. So I think um

Kathryn StarkeyChair

but I see businesses change. Like um we had I don't even know what the business was, now it sells marijuana. Uh but they didn't have to change the sign and we we kinda miss it with co enforcement, but they just put a new face on it. Now it's whatever that marijuana calls me.

Jack MarianoVice Chair

We we might see some real good benefit with this though, because I think this gives a business a j a good chance to be able to put a product out there or something that's going on and Didn't make it look better doing it so

Kathryn StarkeyChair

they may switch to the digital?

Jack MarianoVice Chair

When they

Kathryn StarkeyChair

switch to the digital,

Jack MarianoVice Chair

yeah. I th so I think we're gonna I think we're gonna see a lot of people wanna do this, and I think it's gonna improve the old signs to go to to go this way.

Kathryn StarkeyChair

I hope so.