1991-01-08 P&Z Meeting MinutesMINUTES OF A REGULAR MEETING OF THE PLANNING AND ZONING COMMIS-
SION OF THE CITY OF PEARLAND, TEXAS, HELD ON JANUARY 8, 1991, AT
7:30 P. M. IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY
DRIVE, PEARIAND, TEXAS
The meeting was called to order with the following present:
Chairman
Commissioner
Commissioner
Commissioner
Commissioner
City Manager
City Engineer
City Secretary
Al Lentz
Benny Frank
Mary Starr
James Garner
Helen Beckman
Jim DeShazer
Dick Qualtrough
Pat Jones
Commissioner Leroy Savoie had an excused absence.
APPROVAL OF MINUTES
It was moved by Benny Frank, seconded by Helen Beckman, that the
Minutes of the meeting of December 4, 1990, be approved as sub-
mitted.
Motion passed 4 to 0, with James Garner abstaining.
NEW BUSINESS
AMENDMENTS PROPOSED BY CITY COUNCIL UNDER ORDINANCE NO. 509 -A -2,
SIGN ORDINANCE
Chairman Lentz introduced Jim DeShazer, City Manager, who was
present to speak with the Commission regarding the amendments
proposed by the City Council under Ordinance No. 509 -A -2.
Mr. DeShazer informed the Commission there had been a reorganiza-
tion in the City operations and Mr. Buenrostro will no longer be
working with the Planning and Zoning Commission. At this time,
he or Dick Qualtrough of the Engineering Department will be
covering these meetings and other related needs, Mr. DeShazer
stated.
Mr. DeShazer discussed the four changes suggested by the City
Council, stating they were not of major significance but due to
the requirements of the zoning ordinance, any amendments must be
brought before the Commission for their recommendation for ap-
proval.
The first change, Mr. DeShazer related, is found in Section 1,
(9) which gives the definition of a sign. Mr. DeShazer stated
this definition was furnished by the City Attorney.
The second change, Mr. DeShazer continued, is found in Section
22 -17 (3) which addresses a length to width ration of 3:1. The
rationale for this change was to prohibit a 1' by 32' sign.
The third change the City Manager discussed is found under Spe-
cial Provisions which adds the following sentence: "Additional
off - premise directional signs may be authorized by the Zoning
Board of Adjustment along major thoroughfares as defined on Page
2 -39 of the Pearland Comprehensive Development Plan (1978)."
The final change discussed is found in Section 3 having to do
with the amount of the fine which could be levied for non-
compliance. The Council requested this be an amount not to
exceed $200.00.
Chairman Lentz recognized Nick Boyko, Chairman of the Zoning
Board of Adjustment, in the audience and Mr. Boyko stated his
desire to see the Sign Ordinance resolved.
The Commission discussed each change with Mr. DeShazer and
the following recommendation was made in the form of a motion by
Benny Frank and was seconded by Mary Starr:
1) Section 1 (9) The definition of a sign was recommended for
approval; 2) Section 22 -17 (3) "with a length to width ratio of
3:1" was recommended for approval as "with a length to width
ratio not to exceed 3:1" to avoid possible future misunderstand-
ings in the way the ordinance is interpreted; 3) under Special
Provisions, which allows the Zoning Board of Adjustment to grant
additional off - premise directional signs, the phrase "or as
amended" is recommended to be added at the end of the sentence
which would allow the Comprehensive Development Plan to be amend-
ed without having to amend the sign ordinance also; 4) Section 3,
addressing the fine - the Planning and Zoning Commission can not
impose fines. However, the members did express concerns about
the wording of this ordinance. The "Sign Ordinance" is actually
Section 22 of the Land Use and Urban Development Ordinance (Ord.
No. 509) of the City. Section 29.6 of Ord. No. 509 contains a
"Penalty Clause" which states a fine for violating this ordinance
which can be levied in an amount NOT TO EXCEED $1,000.00 per
occurrence per day. The Commission expressed concerns regarding
the legality of placing two fines in an ordinance of this nature.
The Commission recommends that the penalty clause be restated
and /or eliminated to track Section 29.6; and 5) all other
previous recommendations be incorporated into the revised Sign
Ordinance.
There being no further discussion, motion passed 5 to 0.
Chairman Lentz made note of the letter of resignation from Com-
missioner Clyde Starns submitted to Council and wished him well
in his new venture on the Drainage Commission.
ADJOURN
The meeting adjourned at 8:00 P. M.
Minut =proved as submitted and /or corrected this � day
o f e� , A. D . , 1991.
O �
ATTEST:
City Secretary