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12-08-09 Item 8• South Miami k-TA'MI All- America City 1 N..�Lw�Ep CITY OF SOUTH MIAMI 1111. •�c 19279P OFFICE OF THE CITY MANAGER oat INTER - OFFICE MEMORANDUM 2001 To: The Honorable Mayor Feliu and Members of the City Commission Via: Roger M. Carlton, Acting City Manager From: Thomas J. Vageline, Director Planning and Zoning Department s s� Date: November 17, 2009 ITEM No. Subject: AN ORDINANCE OF THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE SECTION 20- 4.3(B)(C)(F) (I)(4)(5) ENTITLED "SIGN REGULATIONS" IN ORDER TO PROVIDE THAT TEMPORARY SIGN PERMIT APPLICATIONS WILL REQUIRE REVIEW AND APPROVAL BY THE ENVIRONMENTAL REVIEW AND PRESERVATION BOARD AND TO MAKE TECHNICAL REVISIONS TO UPDATE TERMINOLOGY; PROVIDING . FOR SEVERABILITY; ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. SUMMARY The Planning and Zoning Department is assigned the responsibility of issuing permits for temporary signs (mostly banners on buildings) which are allowed in all office and commercial zoning districts. These • permits due to their temporary nature are not subject to review and approval by the Environmental Review and Preservation Board. The Department essentially considers the issuance of these permits as automatic as long as the size standard is met. There are no regulations in the signage chapter which allow for discretionary review of the signage lettering, color, location or compatibility. In recent months several temporary signs were permitted which were very unattractive and /or were placed in obtrusive positions. The Planning and Zoning Department is recommending a revision to the Land Development Code which will require that temporary signs be reviewed and approved by the Environmental Review and Preservation Board which has the architectural and design expertise to exercise discretionary review of temporary signage. LDC AMENDMENT PROPOSAL LDC Sec. 20 -4.3 (B) Definitions Sign, temporary.Shall mean any sign of lightweight fabric or similar material that is mounted to a pole or a building at two or more edges. National flags, state or municipal flags, or the official flag of any institution shall not be considered temporary signs or banners. poFmit4od purs-o—Hat to this -F--- - .--11 - k- .., », ..., --- __- All temporary signs shall be approved by the Environmental Review and Preservation Board (ERPB) prior to the issuance of a permit. The Board may consider the lettering, color, location or compatibility of the proposed sign. is 0 2 LDC Sec. 20 -4.3 (1) (4) RO — Residential Office Distracts and (S) Zoning Districts One (1) TEMPORARY sign may be permitted by special permit issued by the Planning and Zoning Department . after approval by the Environmental Review and Preservation Board. Only one (1) sign is permitted per calendar year for each licensed business establishment. Each sign shall be permitted for no more than 30 days, except that this time limit may be extended by the Planning and Zoning Department twice, for 30 days each, where total duration, including all approved extensions, shall not exceed 90 days. A temporary sign may be permitted up to 30 square feet in area. A temporary sign must be firmly affixed to the front face of a building. LDC Sec. 20 -4.3 (C) and (C) (10) (C) Exceptions from the Permit Application Requirements found .under Section 20- 4.3(J). The following signs or displays may be erected without a permit or review by the City, but shall comply with all structural and safety requirements of the Florida Building Code; however, all electrical installations and modifications may only be initiated upon issuance of a valid electrical permit: (10) Temporary signs as regulated under Section 20- 4.3(I); however, a temporary sign permit is required, pursuant to the policy established by the Planning • and Zonin;; Department. PLANNING BOARD ACTION The Planning Board at its October 27, 2009 meeting conducted a public hearing and adopted a motion by a vote of 5 ayes 0 nays recommending approval of the proposed amendments. RECOMMENDATION It is recommended that the proposed amendments to LDC Sec. 20 -4.3 (B); LDC Sec. 20 -4.3 (1) (4) (5) LDC Sec. 20 -4.3 (C) and (C) (10); as set forth above and in attached draft ordinance be approved on first reading. Attachments: Draft ordinance Application for Temporary Signs Planning Board Staff Report 10 -27 -09 Planning Board Minutes Excerpt 10 -27 -09 Public Notices • TJV /SAY X: \Comm Items\2009 \11 -17 -09 \LDC Amend Temp. Signs CM Report.doc I ORDINANCE NO. • 2 3 AN ORDINANCE OF THE MAYOR AND THE CITY COMMISSION OF THE 4 CITY OF SOUTH MIAMI, FLORIDA, AMENDING THE LAND DEVELOPMENT 5 CODE SECTION 20- 4.3(B)(C)(F) (1)(4)(5) ENTITLED "SIGN REGULATIONS" IN. 6 ORDER TO PROVIDE THAT TEMPORARY SIGN PERMIT APPLICATIONS 7 WILL REQUIRE REVIEW AND APPROVAL BY THE ENVIRONMENTAL 8 REVIEW AND PRESERVATION BOARD AND TO MAKE TECHNICAL 9 REVISIONS TO UPDATE TERMINOLOGY; PROVIDING FOR SEVERABILITY; 10 ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. 11 _ 12 WHEREAS, the Planning and Zoning Department is assigned the responsibility of 13 issuing permits for temporary signs (mostly banners on buildings) which are allowed in all 14 office and commercial zoning districts which permits, due to their temporary nature, are 15 not subject to review and approval by the Environmental Review and Preservation Board; 16 and 17 18 WHEREAS, the Land Development Code provides no regulations in the Signage 19 Chapter which allow for discretionary review of the lettering, color, location or 20 compatibility of temporary signage; and 21 22 WHEREAS, in recent months the City has received complaints that several •23 temporary signs were permitted which were very unattractive and/or were placed in 24 obtrusive positions; and 25 26 WHEREAS, the Environmental Review and Preservation Board has the 27 architectural and design expertise to exercise discretionary review of proposed the 28 lettering, color, location or compatibility of temporary signage; and 29 30 WHEREAS, the Planning Board at its October 27, 2009 meeting conducted a public 31 hearing and adopted a motion by a vote of 5 ayes 0 nays recommending approval of a 32 proposed amendment to the Land Development Code which will allow review and 33 approval of temporary signage by the Environmental Review and Preservation Board; and 34 35 WHEREAS, the City Commission desires to accept the recommendation of the 36 Planning Board and enact the aforesaid amendment. 37 38 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY 39 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 40 41 Section I. That Section 20 -4.3 entitled "Sign regulations" of the Land Development 42 Code is hereby amended as follows: 43 44 LDC Sec. 20 -4.3 (B) Definitions 45 * * * * •46 Si2n,temporary. Shall mean any sign of lightweight fabric or similar material that is mounted to a 47 pole or a building at two or more edges. National flags, state or municipal flags, or the official flag 48 of any institution shall not be considered temporary signs or banners. 49 0) 1 i as days, for- up � 50 All temporary signs shall be approved by the 1 • 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 •26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 • 48 49 50 51 52 53 2 Environmental Review and Preservation Board (ERPB) prior to the issuance of a permit. The Board may consider the lettering, color, location or compatibility of the proposed sign. LDC Sec. 20 -4.3 (1) (4) RO — Residential Office Districts and (S) Zoning Districts One (1) TEMPORARY sign may be permitted by special permit issued by the Planning and Zoning Departmen . after approval by the Environmental Review and Preservation Board. Only one (1) sign is permitted per calendar year for each licensed business establishment. Each sign shall be permitted for no more than 30 days, except that this time limit may be extended by the Planning and Zoning Department twice, for 30 days each, where total duration, including all approved extensions, shall not exceed 90 days. A temporary sign may be permitted up to 30 square feet in area. A temporary sign must be firmly affixed to the front face of a building. LDC Sec. 20 -4.3 (C) and (C) (10) (C) Exceptions from the Permit Application Requirements found under Section 20- 4.3(J). The following signs or displays may be erected without a permit or review by the City, but shall comply with all structural and safety requirements of the Florida Building Code; however, all electrical installations and modifications may only be initiated upon issuance of a valid electrical permit: (10) Temporary signs as regulated under Section 20- 4.3(I); however, a temporary sign permit is required, pursuant to the policy established by the Planning and Zoning Department. Section 2. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 3. If any section, clause, sentence, or phrase of this ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect the validity of the remaining portions of this ordinance. Section 4. This ordinance shall be effective immediately after the adoption hereof. PASSED AND ADOPTED this ATTEST: CITY CLERK 1St Reading — 2nd Reading — READ AND APPROVED AS TO FORM: CITY ATTORNEY day of , 2009 APPROVED: MAYOR COMMISSION VOTE: Mayor Feliu: Vice Mayor Beasley: Commissioner Palmer: Commissioner Newman: Commissioner Sellars: (New wording in bold and underlined; wording removed in 014-1€gh) X.•IComm Items12009111- 17- MLDCAmend Temp Signs Ord. Ord.doc o CITY OF S ®IJTIi 1VIIAIVII INCORPORATED Planning & Zoning Department 1927 • �t o Rio �' City Hall, 6130 Suns Pho et Drive, South Miami, Florida 33143 ne: 305- 663 -6326, Fax: 305 =668 -7356 • C7 APPLICATION FOR TEMPORARY SIGN Business Name: Address: Applicant: Address: Applicant's signature Phone: Phone: Date South Miami, Florida This permit is not transferable in any manner and is issued for a period of thirty days, as follows: One temporary sign may be permitted per calendar year for each licensed business establishment. Each sign may be permitted for no more than 30 days, except that this time limit may be extended twice, for 30 days each, where total duration, including all approved extensions, shall not exceed 90 days. A temporanj sign may be permitted up to thirty (30) square feet in area. A temporary sign must be of a lightweight fabric or similar material and must be firmly affixed to the front face of a building. Dimensioned and color -keyed drawings to scale showing the content, location, and fabric of the proposed temporary sign must be included. The fee for a temporary sign is. $75.00 and is due at time of application and renewal, if any. Area of temporary sign (in square feet): Dimensioned color rendering to scale must be attached. PLANNING & ZONING DEPARTMENTAL APPROVAL YES NO Has one calendar year passed since last issuance? Does the size conform to code requirements? Is this application for a renewal? Effective Date: Expiration Date: Approved? If yes, by: Rev. 0612009 Y. j Forins \ Temporanj sign application form.doc 20-4.3 SOUTH MIAMI LAND DEVELOPMENT CODE • Sign, portable outdoor dining. Shall mean an A -frame sign which is permitted for restaurants which are licensed to provide outdoor dining areas on either public or private property. Sign, portable. Shall mean a sign of any size, type or material which is attached to a vehicle or structure and can be moved from place to place on wheels, skids or similar means; and all signs converted to A= or T- frames, sandwich board signs, umbrellas used for advertising, and signs attached to or painted on vehicles parked and visible from the public right -of -way, unless said vehicle is used for normal day -to -day operations. Sign, project identification. Shall mean a sign relating to a multiple- family unit residential project and identifying the accepted name of the project, but which does not include rental or sales information or tenant or owner names. Sign, projecting. Shall mean any sign affixed to a building or wall in such a manner that its leading edge extends more than nine inches beyond the surface of such building or wall. Sign, real estate. Shall mean a sign which indicates a property is for sale, rent or lease. Sign, roof. Shall mean a sign which is fastened to and supported by or on the mansard or shed roof of a building; or any sign erected or constructed as an integral part of, or essentially integral part of, a normal roof structure; or any sign supported by the roof structure. Sign, snipe. Shall mean a sign of any material, including paper, cardboard, wood and metal, • when such sign is tacked, nailed or attached in any way to trees, utility poles or other objects and where such sign does not apply to premises whereon it is located. Sign, temporary. Shall mean any sign of lightweight fabric or similar material that is mounted to a pole or a building at two or more edges. National flags, state or municipal flags, or the official flag of any institution shall not be considered banners, permitted pursuant to this Code for a period not to exceed thirty (30) calendar days, excluding extensions for up to ninety (90) days, and no more than one (1) time per year. .Sign, tow away zone. Shall mean a sign posted on private property that warns the public that parking is restricted by the private owners and gives information concerning the tow away policy established for the premises with a private towing company. Sign, window or door.glass identification. Shall mean a sign with any display of characters or letters on a single window or door glass, or such sign which is behind and visible through such a window or door glass, including both temporary information signage and permanently erected signage. (C) Exceptions from the Permit Application Requirements found under Section 20- 4.3(J). The following signs. or displays may be erected without a permit or review by the City, but shall comply with all structural and safety requirements of the Building Code; however, all electrical installations and modifications may only be initiated upon issuance of a valid electrical permit: (1) City erected signage on City property, private property or public rights -of -way, and any official Federal, State, County or City traffic information, warning or danger signs, • handicapped parking and all other signage required by any applicable codes. Supp. No. 5 78 • • 20 -4.3 Sign ape SEARCH LIGHTS SOUTH MIAMI LAND DEVELOPMENT CODE SIGNS FOR COMMERCIAL PARKING LOTS TEMPORARY TOW AWAY ZONE Conditions One (1) SET OF SEARCH LIGHTS permitted per licensed business for special events, not to be operated or remain lighted after 11 p.m. One (1) PORTABLE SIGN per entrance /exit of a licensed commercial parking, lot, not to exceed a total of four signs. The sign shall not exceed three feet in height nor six square feet in area, and shall be located within private property. One (1) PORTABLE POLE SIGN per site is permissible only during the hours of operation. One (1) TEMPORARY sign may be permitted by special permit issued by the Planning' Division. Only one (1) sign is permitted per calendar year for each licensed business es- tablishment. Each sign shall be permitted for no more than 30 days, except that this time limit may be extended by the Planning Divi- sion twice, for 30 days each, where total duration, including all approved extensions, shall not exceed 90 days. A temporary sign may be permitted up to 30 square feet in area. Atemporary sign must be firmly affixed to the front face of a building. TOW -AWAY ZONE SIGNS are permitted per Florida Statutes. WINDOW, INFO. INFORMATION SIGNS IN DISPLAY WIN- DOWS shall be limited to ten (10) percent of the total glass area of each window in which such signs are placed; this calculation does not include the area of permanent painted or neon signs in windows; glass area shall be calculated as the area of the opening in the face of the building. which contains the win- dow component; individual panes within a mullioned window are calculated together as a single glass area for signage purposes. Per - manent signs shall not be permitted under this category. Supp. No. 5 all To: Honorable Chair and Date: October 27, 2009 Planning Board Members CA) From: Thomas J. Vageline, Director Re: LDC Amendment —Temp. Signage Planning and Zoning Departme Sec. 20-43(11)(C )(F)(1)(4)(5) PR -09 -027 Applicant: City of South Miami AN ORDINANCE OF THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE SECTION 20- 4.3(B)(C)(F) (1)(4)(5) ENTITLED "SIGN REGULATIONS" IN ORDER TO PROVIDE THAT TEMPORARY SIGN PERMIT APPLICATIONS WILL REQUIRE REVIEW AND APPROVAL BY THE ENVIRONMENTAL REVIEW AND PRESERVATION BOARD AND TO MAKE TECHNICAL REVISIONS TO UPDATE TERMINOLOGY; PROVIDING FOR SEVERABILITY, ORDINANCES. IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. BACKGROUND The Planning and Zoning Department is assigned the responsibility of issuing permits for temporary signs (mostly banners on buildings) which are allowed in all office and commercial zoning districts. These permits due to their temporary nature are not subject to review and approval by the Environmental Review and Preservation Board. The Department essentially considers the issuance of these permits as automatic as long as the size standard is met. There are no regulations in the signage chapter which allow for discretionary review of the signage lettering, color, location or compatibility. In recent months several temporary signs were permitted which were very unattractive and/or were placed in obtrusive positions. The Planning and Zoning Department is recommending a revision to the Land Development Code which will require that temporary signs be reviewed and approved by the Environmental Review and Preservation Board. CURRENT REGULATIONS LDC Sec. 20 -4.3 (B) Definitions Sign, temporary, Shall mean any sign of lightweight fabric or similar material that is mounted to a pole or a building at two or more edges. National flags, state or municipal flags, or the official flag of any institution shall not be considered banners, permitted pursuant to this Code for a period not to exceed thirty (30) calendar days, excluding extensions for up to ninety (90) days, • and no more than one (1) time per year. �J LDC Amendment July 14, 2009 K LDC Sec. 20 -4.3 (1) (4) (5) Zoning Districts One (1) TEMPORARY sign may be permitted by special permit issued by the Planning Division. Only one (1) sign is permitted per calendar year for each licensed business establishment. Each sign shall be permitted for no more than 30 days, except that this time limit may be extended by the Planning Division twice, for 30 days each, where total duration, including all approved extensions, shall not exceed 90 days. A temporary sign may be permitted up to 30 square feet in area. A temporary sign must be firmly affixed to the front face of a building. LDC AMENDMENT PROPOSAL LDC Sec. 20 -4.3 (B) Definitions Win, temporary.Shall mean any sign of lightweight fabric or similar material that is mounted to a pole or a building at two or more edges. National flags, state or municipal flags, or the official flag of any institution shall not be considered temporary signs or banners. b All temporary sins shall be • approved by the Environmental Review and Preservation Board (ERPB) prior to the issuance of a permit The Board may consider the lettering, color, location or compatibility of the proposed sign. LDC Sec. 20 -4.3 (1) (4) RO Residential Office Districts and (5) Zoning Districts One (1) TEMPORARY sign may be permitted by special permit issued by the Planning and Zoning Department after approval by the Environmental Review and Preservation Board. Only one (1) sign is permitted per calendar year for each licensed business establishment. Each sign shall be permitted for no more than 30 days, except that this time limit may be extended by the Planning and Zoning Department twice, for 30 days each, where total duration, including all approved extensions, shall not exceed 90 days. A temporary sign may be permitted up to 30 square feet in area. A temporary sign must be firmly affixed to the front face of a building. LDC Sec. 20 -4.3 (C) and (C) (10) (C) Exceptions from the Permit Application Requirements found under Section 20- 4.3(J). The following signs or displays may be erected without a permit or review by the City, but shall comply with all structural and safety requirements of the Florida Building Code; however, all electrical installations and modifications may only be initiated upon issuance of a valid electrical permit: • LDC Amendment July 14, 2009 • ki (10) Temporary signs as regulated under Section 20- 4.3(I); however, a temporary sign permit is required, pursuant to the policy established by the b Planning and Zoning Department. RECOMMENDATION It is recommended that the proposed amendments to LDC Sec. 20 -4.3 (B); LDC Sec. 20 -4.3 (I) (4) (S) LDC Sec. 20 -4.3 (C) and (C) (10); as set forth above be approved. Attachments: Application for Temporary Signs Public notices • TN /SAY X:\PB\PB Agendas Staff Reports\2009 Agendas Staff Reports \I0- 2,7- 09\PB -09 -027 LDC Amend Temp Signs Parking Lease Regulations.doc • ou vt �/ 1 1927 • � O Rte CITY OF SOUTH MIAMI PLANNING BOARD DRAFT Action Summary Minutes Tuesday, October 27, 2009 City Commission Chambers 7:30 P.M. EXCERPT: I. Call to Order and the Pledge of Allegiance to the Flag Action: The meeting was called to order at 7:32 p.m. The Pledge of Allegiance was recited in unison. II. Roll Call Action: Chairperson, Mr. Morton requested a roll call. Board members present constituting a quorum: Present; Mr. Comendeiro, Mr. Farfan, Mr. Morton, Ms. Yates, and Mr. Whitman. • Absent: Mr. Cruz and Ms. Young. City staff present: Thomas J. Vageline (Planning and Zoning Director), Sanford A. Youkilis (Planning Consultant), Maria Stout -Tate (Administrative Assistant II), Laurence Feingold, City Attorney. IV. Planning Board Applications/Public Hearings. PB -09 -027 Applicant: City of South Miami AN ORDINANCE OF THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE SECTION 20- 4.3(B)(C)(F) (I)(4)(5) ENTITLED "SIGN REGULATIONS" IN ORDER TO PROVIDE THAT TEMPORARY SIGN PERMIT APPLICATIONS WILL REQUIRE REVIEW AND APPROVAL BY THE ENVIRONMENTAL REVIEW AND PRESERVATION BOARD AND TO MAKE TECHNICAL REVISIONS TO UPDATE TERMINOLOGY; PROVIDING FOR SEVERABILITY,ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. Mr. Comendeiro read into the record. • Discussion: Mr. Youkilis stated that this was a technical amendment to the Land Development Code. The Planning and Zoning Department is assigned the responsibility of issuing permits for temporary signs (mostly banners on buildings) which are allowed in all office and commercial zoning Planning Board Meeting October 27, 2009 Page 2 of 3 • districts. These permits due to their temporary nature are not subject to review and approval by the Environmental Review. and Preservation Board. The Department essentially considers the issuance of these permits as automatic as long as the size standard is met. There are no regulations in the signage chapter which allow for discretionary review of the signage lettering, color, location or compatibility. In recent months several temporary signs were permitted which were very unattractive and/or were placed in obtrusive positions. The Planning and Zoning Department is recommending a revision to the Land Development Code which will require that temporary signs be reviewed and approved by the Environmental Review and Preservation Board. Mr. Youkilis stated that the LDC Amendment proposal would be: LDCSec.20- 4.3(B) Definitions - Sign, temporary. Shall mean any sign of lightweight fabric or similar material that is mounted to a pole or a building at two or more edges. National flags, state or municipal flags, or the official flag of any institution shall not be considered temporary signs or banners. All temporary signs shall be approved by the Environmental Review and Preservation Board (ERPB) prior to the issuance of a permit. The Board may consider the lettering, color, location or compatibility of the proposed sign. • LDC Sec. 20 -4.3 (1) (4) RO Residential Office Districts and (S) Zoning Districts One (1) TEMPORARY sign may be permitted by special permit issued by the Planning and Zoning Department U"44t�n. After approval by the Environmental Review and Preservation Board. Only one (1) sign is permitted per calendar year for each licensed business establishment. Each sign shall be permitted for no more than 30 days, except that this time limit may be extended by the Planning and Zoning Department twice, for 30 days each, where total duration, including all approved extensions, shall not exceed 90 days. A temporary sign may be permitted up to 30 square feet in area. A temporary sign must be firmly affixed to the front face of a building. LDC Sec. 20 -4.3 (C) and (C ) (10)(C) Exceptions from the Permit Application Requirements found under Section 20- 4.3(J). The following signs or displays may be erected without a permit or review by the City, but shall comply with all structural and safety requirements of the Florida Building Code; however, all electrical installations and modifications may only be initiated upon issuance of a valid electrical permit: (10) Temporary signs as regulated under Section 20- 4.3(I); however, a temporary sign permit is required, pursuant to the policy established by the Building Planning and Zoning Department. • Mr. Youkilis recommended that the proposed amendments to LDC Sec. 20 -4.3 (B); LDC Sec. 20 -4.3 (1) (4) (S) LDC Sec. 20 -4.3 (C) and (C) (10); as set forth be approved. Planning Board Meeting October 27, 2009 Page 3 of 3 • Mr. Morton asked if you could use cardboard as a material for a temporary sign. Mr. Youkilis stated that that type of material would not be approved. The temporary signs are only made with light weight fabric materials not cardboard or plywood. Mr. Comendeiro inquired if there was a fee to appear in front of the ERPB for temporary signage. Mr. Vageline stated that presently the application fee for a temporary sign is $75.00. There would be no added fee for ERPB review. To extend the sign is another $75.00 for each of a total of 3 months. Mr. Whitman asked if City staff would be able to make a professional judgment on temporary signs. Mr. Youkilis stated only if the language would be changed, but it would be better to have the ERPB involved. Mr. Youkilis stated that the ERPB Board is more qualified then City staff. Mr. Morton opened the public hearing. Mr. Morton closed the public hearing. Motion: Mr. Comendeiro made a motion to accept the technical amendment as presented by staff. Ms. Yates seconded the motion. Mr. Whitman interjected and stated that he still believed that City staff could review and • approve temporary signs and that placing this responsibility on the ERPB Board is an unnecessary inconvenience. Mr. Youkilis stated that City staff would feel more comfortable having the ERPB Board make the decision. Mr. Morton polled the Board as to the motion on the table. Vote: 5 ayes 0 nays Motion was adopted and passed. .7 Planning Board Meeting October 27, 2009 Page 4 of 3 TJV /SAY ZAPB\PB Minutes\2009 Mintues\10-27-09\Planning Board 10 -27 -09 Minutes Saved.doc/Excerpt • L`