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HomeMy WebLinkAbout1993-07-01 P&Z Meeting MinutesMINUTES OF A SPECIAL MEETING OF rim PLANNING AND ZONING COMMISSION OF THE CITY OF PEARIAND, TEXAS, HELD ON THURSDAY, JULY 1, 1993, IN THE CITY COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS The meeting was called to order at 7:04 p.m. with the following present: Chairman Commissioner Commissioner Commissioner Commissioner Commissioner Division Director - Planning, Public Works, & Parks Chief Engineer Chief Building Official Asst. to City Secretary Absent from the meeting: Commissioner APPROVAL OF MINUTES Richard Tetens Pat Lopez Jack Womack Patsy Eilers Robert Larsen Emil Beltz (entered Chambers at 7:23 p.m.) Richard Burdine John Hargrove Don Guynes Sharon Parks Helen Beckman. Commissioner Robert Larsen made the motion, seconded by Commissioner Patsy Eilers, to approve the minutes of the Special Meeting of June 14, 1993. Motion passed 4 to 0 (Commissioner Jack Womack abstained). Commissioner Pat Lopez made the motion, seconded by Commissioner Eilers, to approve the minutes of the Public Hearing of June 15, 1993. Motion passed 4 to 0 (Commissioner Womack abstained). NEW BUSINESS FINAL PLAT OF 518 DIXIE PLAZA, 28.2271 ACRES, A REPLAT OF LOTS 18 1 & 19, GEORGE W. JENKINS SUBDIVISION, VOL. 79, PAGE 616, BRAZORIA COUNTY DEED RECORDS, LOTS 5-12, S.W. NARREGANG SUBDIVISION, VOL. 3, PAGE 53, BRAZORIA COUNTY PLAT RECORDS, AND ALL OF THE WISE SUBDIVISION, VOL. 17, PAGE 99, BRAZORIA COUNTY PLAT RECORDS IN THE W.D.C. HALL LEAGUE, ABSTRACT NUMBER 70, PEARLAND, BRAZORIA COUNTY, TEXAS Mr. Al Lentz, agent for 518 Dixie Plaza, stated the proposed use of the lots on the Plaza. Commissioner Pat Lopez made the motion, seconded by Commissioner Robert Larsen, to approve the final plat of 518 Dixie Plaza. Motion passed 5 to 0. AMENDMENTS TO THE LAND USE & URBAN DEVELOPMENT ORDINANCE Division Director Richard Burdine suggested the following alterations to the proposed Zoning Ordinance Revisions: b. Section 20 - Landscape Regulations Section 20.1 Applicability to Districts The landscape requirements of this section shall be minimum standards for and be applicable to the following districts, MF, MH, OP, NS, GB, C, PUD, M-1, M-2, and specific uses as permitted by Section 23 hereof. The landscape requirements shall also apply when: 1. There is an enlargement exceeding 1,000 square feet in area of the exterior dimensions of an existing nonresidential or multi -family residential building for which a building permit is required; or 2. There is an existing parking lot which is expanded in area to provide additional parking spaces. c. Section 22 - Sign Regulations Section 22-11. Prohibited signs, advertising, lighting (abandoned signs) 12. Signs which no longer advertise a bona fide business conducted, or a product sold, shall be removed or have blank faces installed by the owner, agent or person having beneficial use of the land, building or structure upon which such sign is located within thirty (30) days after written notification to do so from the Building Official. Upon failure to comply with such notice with the 2 time specified in such order, the Building Official is authorized to file a complaint in Municipal Court and/or cause removal of such sign, and any expense incident thereto shall be paid by the owner of the land, building or structure to which sign is attached or upon which it is erected. d. Section 28.5 Vote Required in the Event of Protest If a proposed change to a regulation or boundary is protested in accordance with this section, the proposed change must receive, in order to take effect, the affirmative vote of at least three - fourths (3/4) of all members of the City Council entitled to vote on the question. The protest must be written and signed by owners of at least 20 percent of either: 1. The area of the lots or land covered by the proposed change; or 2. The area of the lots or land immediately adjoining the area covered by the proposed change and extending 200 feet from that area. In computing the percentage of land area, the area of streets and alleys shall be included. e. Revise Table III to allow dwellings in Neighborhood Service, General Business and Commercial Zoning Districts by Specific Use Permit Under "Primary Residential Uses" which are Single Family Dwelling Detached, Single Family Dwelling - Attached Town Houses, Two Family Dwelling and Multi -Family Dwelling, the Commission asked that the foregoing dwellings not be allowed in a Commercial (C) District. Also the Commission asked that Multi -Family Dwellings not be allowed in Neighborhood Service (NS) and General Business (GB) Districts. Commissioner Robert Larsen made the motion, seconded by Commissioner Pat Lopez, to recommend to the City Council that the Amendments to the Land Use & Urban Development Ordinance, items a through e, be approved with all of the above corrections. Motion passed 6 to 0. Division Director Richard Burdine commented that he forgot to mention the issue of the sign height which is related to the Ordinance revisions. A lengthy discussion followed regarding various sign heights, square footage of signs, neon signs, and shopping center signs. 3 Commissioner Emil Beltz made the Jack Womack, to amend the motion to recommend to City Council to foot sign instead of a fifteen Height Restrictions. Motion failed 2 to 4. motion, seconded by Commissioner on Section 22, Sign Requirements, allow for a maximum thirty (30) (15) foot sign, Section 22-4 (1) Commissioner Robert Larsen then made a motion to amend the motion on Section 22 , Sign Requirements, to recommend to City Council to leave the height at fifteen (15) feet, Section 22-4 (1) Height Restrictions. Motion failed due to lack of a second. Commissioner Patsy Eilers made a motion, seconded by Commissioner Pat Lopez, to amend the motion on Section 22, Sign Requirements, to recommend to City Council to allow for a maximum twenty-five (25) foot sign, Section 22-4 (1) Height Restrictions. Motion passed 4 to 1 (Commissioner Emil Beltz abstained) REVISIONS TO THE THOROUGHFARE PLAN ELEMENT OF THE COMPREHENSIVE PLAN FOR THE CITY OF PEARIAND Division Director Richard Burdine commented on the Highway 35 Bypass meeting with the Texas Department of Transportation and federal funding for the Hughes Road project (Hwy. 518 to where Hughes Road ends). Other projects that might be included in the federal funding are the expansion of Dixie Farm Road from Highway 35 to Beamer and the county link from Highway 35 to County Road 100 to Highway 288, Mr. Burdine stated. Mr. Burdine is also looking into funding from the Congestion Mitigation Air Quality Funds for a grade separation bridge over the railroad tracks in one or more locations in Pearland. Due to so much opposition from the citizens, Mr. Burdine is recommending that Scott St. not be a location for the East/West Major Thoroughfare between Beltway 8 and 518. Additional items under consideration by Mr. Burdine are collector streets and optional corridors to tie into the Thoroughfare Plan, as well as the traffic problem at O'Day and Harkey Rd. 4 DIRECTOR'S REPORT Division Director Richard Burdine stated he didn't have a report. ADJOURNMENT The meeting adjourned at 8:55.p.m. Mi." i ute of the meeting approved and/or corrected this a?'1 day of • , A.D., 1993. ATTEST: 5 Richard Tetens, Chairman COt ol p©aalland P. O. Box 2068 • Pearland, Texas 77588-2068 (713) 485-2411 • fax (713) 485-8764 MEMORANDUM To: The Planning and Zoning Commission From: Richard Burdine, Division Director, Planning, Public Works and Parks Subject: Zoning Ordinance Revisions and Thoroughfare Plan Update Date: June 28, 1993 The following are some alterations to the proposed Zoning Ordinance Revisions addressed at the Public Hearing held by the Planning and Zoning Col/mission on June 15. These alterations are the result of citizen continents during and after the Public Hearing and my discussions with the City Attorney. Section 20.1 has been revised to clarify when landscaping requirements apply to existing nonresidential and multi -family residential uses: Section 20.1. Applicability to Districts. The aae a e requirements rements of this section shall be minimum standards for and be applicable to the ........::..:.......... following districts, MF, MH, OP, NS, GB, C, PUD, M-1, M-2, and specific uses as permitted by Section 23 hereof. ����::«<'`��;':�`a�........................................... emt> CJ:?) i.:x. r qunvc4 or .>is..t alldsd :>irl.:at• a4d Tonal Viking In Section 22-11. Prohibited signs, advertising. lighting. the addition of item 12 is proposed to address the issue brought up at the Public Hearing about abandoned signs: 12) Signs which no longer advertise a bona fide business conducted, or a product sold, shall be removed or have blank faces installed by the owner, agent or person having benefici use of the land, building or structure upon which such sign is located within thirty (30 of r written notification to do so from the Building Official. Upon failure to comply withsuch notice within the time specified in such order, the Building Official is authorized to file a complaint in Municipal Court and/or cause removal of such sign, and any expense incident thereto shall be paid by the owner of the land, building or structure to which such sign is attached or upon which it is erected. On recoirunendation of the City Attorney, Section 28.5 has been rewritten use the wording of state law (copy attached) to the fullest extent possible: Section 28.5. Vote Required in the Event of Protest, If a proposed change to a regulation or boundary is protested in accordance with this section, the proposed change must receive, in order to take effect, the affirmative vote of at least three -fourths (3/4) of all members of the City Council entitled to vote on the question. The protest must be written and signed by owners of at least 20 percent of either: (1) the area of the lots or land covered by the proposed change; or (2) the area of the lots or land immediately adjoining the area covered by the proposed change and extending 200 feet from that area. In computing the percentage of land area, the area of streets and alleys shall be included. Some of the Commission members expressed reservations about the extent to which Table III was amended to allow residential uses by specific use permit. You may wish to review this item before the meeting. § 211.005 Note 5 MUNICIPAL REGULATORY AUTHORITy Title 7 5. Alcoholic beverages Where classification of property was made by duly enacted zoning ordinance prohibiting sale of beer in defined areas, unless classifica- tion was shown to be unreasonable, arbitrary, or discriminatory, ordinance was a valid regu- lation, and it was immaterial whether arca involved in suit to enjoin enforcement of ordi- nance was wholly commercial or partly resi- dential and partly commercial. Eckert v. Ja- cobs (Civ.App.1940) 142 S.W.2d 374. Where zoning ordinance which prohibited sale of beer in defined areas defined the areas by reference to an official "Use District Map" which was attached to, and by reference made a part of, ordinance, and map was always available for public inspection and its correct- ness was not questioned, the ordinance, so far as zoning classification was concerned, was sufficiently definite to readily disclose classifi- cation of property, and ordinance was valid. Id. Where nonconforming restaurant in apart- ment zone was permitted to sell beer under old zoning ordinance, but new zoning ordinance prohibited sale of beer in all zones having a residential classification, the sale of beer as an incident to restaurant business was not protect- ed as a nonconforming use, and restaurant operator was not entitled to renewal of beer license. City of Dallas v. Haworth (Civ.App. 1949) 218 S.W.2d 264, ref. n.r.e. 6. Variances and exceptions The granting of a permit by the Board of Adjustment to an orphans' home in a district from which home was otherwise prohibited as a variance from the terms of the ordinance is not void for unreasonableness. Driskell v. Board of Adjustment (Civ.App.1946) 195 S.W. 2d 594, ref. n.r.e. § 211.006. Procedures Governing Adoption of Zoning Regulations and District Boundaries (a) The governing body of a municipality wishing to exercise the authority relating to zoning regulations and zoning district boundaries shall establish procedures for adopting and enforcing the regulations and boundaries. A regulation or boundary is not effective until after a public hearing on the matter at which parties in interest and citizens have an opportunity to be heard. Before the 15th day before the date of the hearing, notice of the time and place of the hearing must be published in an official newspaper or a newspaper of general circulation in the municipality. (b) In addition to the notice required by Subsection (a), a general -law municipality that does not have a zoning commission shall give notice of a proposed change in a zoning classification to each property owner who would be entitled to notice under Section 211.007(c) if the municipality had a zoning commission. That notice must be given in the same manner as required for notice to property owners under Section 211.007(c). The governing body may not adopt the proposed change until after the 30th day after the date the notice required by this subsection is given. (c) If the governing body of a home -rule municipality conducts a hearing under Subsection (a), the governing body may, by a two-thirds vote, prescribe the type of notice to be given of the time and place of the public hearing. Notice requirements prescribed under this subsection are in addition to the publication of notice required by Subsection (a). (d) If a proposed change to a regulation or boundary is protested in accordance with this subsection, the proposed change must receive, in order to take effect, the affirmative vote of at least three -fourths of all members of the governing body. The protest must be written and signed by the owners of at least 20 percent of either: 388 ZONING Ch. 211 (1) the area (2) the area the proposed (e) In comput of streets and al (f) The goveri of at least three mendation of th a regulation or Acts 1987, 70th L (1) The rel Note (2) to S (2) The re\ than to the " Section 211.0 (3) The so The referent and zoning d (4) Article regulations a and "amends refers to the "amended, s refers to the es are omitte (5) Subsec "proposed c "proposed c classificatiot Prior Law: Acts 1927, 40th Acts 1985, 69th Annual survey Property —Lae sen, 21 Sol (1967). Restrictions c Jr. and Bar ern L.J. (Te Land use and and state proced (1978). ORITY Title 7 vas valid. in apart - under old ordinance having a Jeer as an of protect - restaurant al of beer (Civ.App. Board of a district ohibited as rdinance is Driskell v. ‘) 195 S.W. ions and authority establish caries. A -1g on the My to be f the time aper or a meral-law Lotice of a vho would d a zoning quired for body may e date the a hearing prescribe is hearing. tion to the rotested in e, in order nembers of e owners of § 211.006 ZONING Ch. 211d or (1) the area of the lots or land covereby l adjoining rthe areaccovegred by (2) the area of the lots or land im mediated the proposed change and extending00 feet from that area. (e) In computing the percentage of land area under Subsection (d), the area of streets and alleys shall be included. that the affirmative vote (f) The governing body by ordinance may provide of at least three -fourths ofall,s its zoning commissiomembers is n ared oproposed change to recom- mendation of the municipaly a regulation or boundary be denied. Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987. • Revisor's Note (1) The revised law omits "restriction" for the reason stated in Revisor's Note (2) to Section 211.003. (2) The revised law refers to the "governing body" of a municipality rather than to the "legislative body" for the reasons stated in Revisor's Note (1) to Se ction 211.003. "such" municipality. ipality. (3) The source law refers to the governing body ofre ipa ors The reference covers a municipality rhaThe revised adoptw hear fiet wants to s this matter. and zoning districts under this chapter. f urce (4) Article 1011d the are to be "determined,the establ shed, and enforced" and and suppleboundaries and "amended, supplemented, or changed." Article 1011e of the source law refers to the authority by which the regulations and boundaries may be "amended, supplemented, changed, modified, d botundaries, and those revised law to the "adopting" regulations bySection 211.002. es are omitted because they are made unnecessary ven to certain property owners. The (5) Subsection (c) of Article 1011e of the source law refers to notice ofa "proposed change" that must be gi "proposed change" to.Sich the hear visedshia law reeers is a change in zoning classification. The revised Historical Note 1011e, Acts 1927, 40th Leg.. Vernon's Ann.Civ.St. arts. 1011d. Prior Law: 424, ch. 283, §§ 4, 5. l0lle-1(a). Acts 1985, 69th Leg.. p. 894, § 1. Law Review Annual survey of Texas law: Property —Land utilization. Paul B. Lar- sen, 21 Southwestern L.J. (Tex.) 9, 10 (1967). Restrictions on land use. Jesse B. Heath, Jr. and Barton R. Bentley, 32 Southwest- ern L.J. (Tex.) 95 (1978)- Land use and due process: Current1fed federal and state procedures. 9 St. Mary' .J. 846 (1978). 389 Commentaries protection of Land -use regulation for the p public parks and recreational areas. Travis C. Broesche, 45 Texas L.Rev. 96 (1966). Rezoning: Should it be legislative or judicial function? Jerry L. Harris, 31 Baylor L.Rev. 409 (1979). 25 Baylor Time control, sequential zoning. L.Rev. 318 (1973). Zoning. N. Alex Bickley, 24 Southwestern L.J. (Tex.) 209 (1970). ORDINANCE NO. 509-B AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND BY AMENDING SECTION 3 THEREOF TO ADD AND REVISE CERTAIN DEFINITIONS; BY AMENDING SECTION 20, LANDSCAPE REGULATIONS; PROVIDING MINIMUM STANDARDS FOR LANDSCAPING; BY AMENDING SECTION 22, SIGN REGULATIONS; AND BY AMENDING TABLE VII THERETO; REQUIRING PERMITS; RESTRICTING SIZE, LOCATION, SPACING AND TYPES OF SIGNS GENERALLY AND BY ZONING DISTRICT; PROHIBITING CERTAIN SIGNS; PROVIDING FOR ABATEMENT OF UNSAFE SIGNS; REQUIRING REGISTRATION; PROVIDING FOR APPLICATION OF PROVISIONS TO THE EXTRATERRITORIAL JURISDICTION OF THE CITY; BY AMENDING SECTION 28.5 CONCERNING THE VOTE REQUIRED IN THE EVENT TO A PROTEST; BY AMENDING TABLE III TO ALLOW CERTAIN RESIDENTIAL USES IN COMMERCIAL ZONING DISTRICTS BY SPECIFIC USE PERMIT; PROVIDING A PENALTY FOR VIOLATION; HAVING A SAVINGS CLAUSE; HAVING A REPEALER CLAUSE; PROVIDING FOR PUBLICATION AND AN EFFECTIVE DATE. WHEREAS, the City Council has received the recommendations of the Planning and Zoning Commission concerning the matters herein dealt with, which recommendations were made after the holding of a public hearing before said Commission and before the holding of a public hearing before the City Council on such matters; and, WHEREAS, notices have been published of the times and places of said public hearings held before the Planning and Zoning Commission and City Council concerning the changes herein made, which public hearings have been duly held; and, WHEREAS, the City Council has determined that the amendments to the Land Use and Urban Development Ordinance of the City of Pearland herein made are in the best interest of the health, safety and general welfare of the citizens of the City of Pearland; and, WHEREAS, the Legislature under Chapter 216, V.T.C.A. Local Government Code, has established limitations upon the regulations of signs, particularly with respect to the removal of non -conforming signs; and, 1 be easily moved from one location to another, including, but not limited to, signs mounted upon or designed to be mounted upon a trailer, bench, wheeled carrier, A -frame, or other non -motorized mobile structure; a portable sign which has its wheels removed shall still be considered a portable sign hereunder. For the purpose of this chapter, trailer signs and signs on benches are `portable signs'. (7) `On -Premise sign' means a sign identifying or advertising a business, person or activity, and installed on the same premises as such business, person or activity. (8) `On -premise portable sign' means an on -premise sign which is a portable sign. (9) `Sign' means an outdoor structure, display, - ag37t; p y, light device, figure, painting, drawing, message, plaque, poster, iaboar;: filly or airy other thing that is designed, intended or used to advertise, pr inform. ui dLLLau . (10) `Temporary Sign' means any sign constructed of cloth, canvas, light fabric, cardboard, wallboard, plywood, or other light materials with short life expectancies. A portable sign shall not be considered a temporary sign. (11) 'Shopping center ::>::: r g t l ::b tS :ss :' A Lu111jJubiLe a11a11geulerlt of bllops ciLld Stuit whivaiieLy au c1 Selvic:ee Lo Llie yeueral public,, wlien evelupeab all of you i11Leylal u11iL. Tlie Leim 511uPpi1ly Ceti Lei alsu iueluc.ieS 511u xtuuerc*a : deve (12) 'Boarding House': A building, built and/or used for residential purposes, where meals are served for compensation to a e on or > : r` on ` n re (13) 'Lot': as used herein, a "lot" is each physical and undivided tract or parcel of land as shown on a duly recorded. _plat., and.. the word "lot" shall include the word "plot." i».>-i:'r»ss:<:::>::�'>:>:::; cif f` :•�::><s::<[>_%_'^�L>::� 3 negative environmental influences on heat, noise, air pollution) .s} f appropriate,of special structural elements such as building.acades, walls, planters, foundations, berms, walkways and irrigating systems. (c) Building outlines, parking areas and arrangements, fences and structural features to be constructed on the site. (d) Landscape plans shall be prepared at a scale of 1" = 40' or larger scale and on a sheet size of 24" x 36". The plan sheets shall contain a scale, north arrow, name and address of the landscape architect, designer, or architect and the site owner and/or developer. The plans shall also identify the development and provide a brief description of the property and its location. Section 4. THAT Ordinance 509, the Land Use and Urban Development Ordinance of the City of Pearland be amended by revising Section 20.3 to read as follows: Section 20.3. Minimum Landscape Requirements. Up to ten (10) percent of the entire area of the site not covered by buildings and not a part of the right-of-way or dedicated public streets or three (3) percent of the gross area of the site, whichever is greater, shall be required as landscaping to meet the requirements of this section. (a) The minimum landscape requirements shall be employed in C Jr'da elzrtes f xdea nesta... a park hereif:r to improve aesthetic appearance, to enhance the compatibility of different land uses, and to mitigate land uses (e. (b) Landscaping way :a be required for the screening of parking areas from an abutting public right-of-way or adjacent property,as required bythe Planning and Zonin Commission.'.: n ..........:.... :......;........, �:-:..:.z.... 5 (f) Landscaping may be required by the Planning and Zoning Commission to interrupt front building lines unbroken for a distance in excess of two hundred (200) feet. (g) Existing trees of larger than ten (10) inches in caliper measured twelve (12) inches from the ground shall be noted on the landscape plan. When possible, existing trees should be included in the landscape plan. .. served. (h) Artificial plants and trees shall not be considered in the satisfaction of the requirements of this section. Section 5. THAT Ordinance 509, the Land Use and Urban Development Ordinance of the City of Pearland be amended by revising Section 20.4 to read as follows: Section 20.4. Maintenance. The owner and tenant of the landscaped premises and their agents, if any, shall be jointly and severally.....re-sonsible for. -.--...the Y maintenance of all landscaping n3 cAiif6g4.7.. 3 ., . ... .. ......, . in a good condition so as to present a healthy, neat and orderly _--_ appearance, free from refuse and debris. andsca Section 20.5. Landscape Construction. Prior to the issuance of a Certificate of Occupancy all approved landscaping must be in place, or if seasonal considerations 7 effective date of this ordinance. (c) A sign that has as its purpose the protection of life and property. (d) A sign or marker giving information about the location of underground electric transmission lines, telegraph or telephone properties and facilities, pipelines, public sewers, or water lines or other public utilities. (e) A sign erected by an agency of the state or a political subdivision of the state, which may or may not be located on public property. (f) A sign erected solely for and relating to a public election, but only if: 1. the sign is on private property; 2. the sign is erected no sooner than the 60 L11 nth day before the election and is removed no later than the 15L11 day after the election; 3. the area of the sign does not exceed thirty-two (32) square feet per sign face; 4. the sign does not exceed six (6) feet in height. 5. the sign is self-supporting. o (g) On -site directional �nd:xn:��r�c►rma �...:..:....... .:. signs not exceeding two (2) square feet, Ylovided sul:ll L1ireL:Liullal siyllb du nuL • Lull Laiu dllvel ibilly cuid dit llu L Ube ab buLll. (h) One unlighted or indirectly lighted sign with names and/or street numbers so long as the area of such sign does not exceed one (1) square foot for each dwelling unit. (i) Bulletin boards not over sixteen (16) square feet per face in area for public, charitable or religious institutions when the same are located on the premises of such institutions. 9 sponsored by a group or organization using publicly owned facilities. No such signs shall be allowed under any circumstances on a public street. These signs shall not exceed thirty-two (32) square feet per sign face. Section 8. THAT Ordinance 509, the Land Use and Urban Development Ordinance of the City of Pearland be amended by amending Section 22-2, subsections (6), (7) and (8) to read as follows: Section 22-2. Application for Permit. Applications for permits shall contain or have attached thereto the following information: (1) Name, address and telephone number of the person or company which will own the sign. (2) Location of building, structure, or lot to which or upon which the sign or other advertising structure is to be attached or erected. (3) Two (2) sets of plans shall be submitted showing the sign location in relation to nearby buildings or structures, signs, property lines, driveways, public streets, fences and sidewalks. (4) Two (2) sets of plans and specifications showing method of construction and attachment to the building or ground, size, type, height, construction materials, wind load calculations and such other information as the Building Official may require. (5) Name, address and telephone number of person, firm, corporation, or association erecting the sign. (6) FuL puLLdLle s yn5, L1ie nd1Qe, dUdLeS5 ata Lelep11oue nun JJei UL pe1Lu11, Liiill, L;uipula JOI1 ui dSSULIciL1u11 ubi11g L11e 5iyu fol. ddveL Li5i11y. . A1u, L11e 11uAllLeL of days of 5iyn usage LCi11y LeLjueS Lel.i. (7) (6) Zoning classification of the property. (8) {7Y. Such other information as the Building Official shall require to show compliance with this and all other ordinances of the City. 11 (a) In the case of a sign erected on a building, the frontage of the building on the street which the sign faces. (b) In the case of a free standing sign more than three hundred (300) feet from an intersection of any public street, the frontage of the street closest to the sign, or if equidistant from two (2) or more streets, the longest such frontage. (c) In the case of a free standing sign less than three hundred (300) feet from an intersection, the frontage to be used in calculation shall be the street upon which the largest business building on such property faces. (2) If a use has street frontage on more than one street, but not on a corner, such business shall be entitled to signs as allowed by Table VII on each street. Section 11. THAT Ordinance 509, the Land Use and Urban Development Ordinance of the City of Pearland be amended by deleting Section 22-7, subsections (2) through (7) to read as follows: Section 22-7. Portable sign limitations. (1) It shall be unlawful for any person to erect, structurally alter, or relocate any portable sign within the City or its extraterritorial jurisdiction. (2) ExuepL1u11: Eli ldw£ully uptLdLllly LUblilebb blldll Le d11owtd Llle Use U£ Ulle (1) uil-pJe11llbe puLLdLle s1-gii £ul i1111eLy (70) 'dayb tlU1111g CdL1 Cdlenddl yedL, pluvi ed, Iiuwevei, LlidL edcll ubdge u£ bUCli pUL LaLle Siyii blldll Le ill ii1LLe1L1eTILb of nu leSb Llidil £Vui Leeu t14) CunbeLuLive days. 3iyu biidri be ieyuiied Lu uoillply wiLlI all uLllei piuvibiutls u£ L11ib oLdilldllLe. (3) A jut LaL1e siy11 use Yeiii11L Slldll Le ULLdiiied Ly edLl1 bu i.iieJb £UL eau i ube u£ d portable styli. Spetifiedlly, a use p L1niL will Le iequiied iii Lhe £ulluwiny siLudLiullb: (d) PLiui LU 111bLd1ldLL011 dlld Ube U£ d pUL Lable b1y11. (L) PLlUt LU Ube lof dll exlb1.111g i11sall pui LdLle biy11 Ly d di££eue11L 1Jub111ebS 1uLdLed iu L1le sdllle bliuppiiiy 1:e11Lei. 13 cross examination shall be ' permitted. Section 12. THAT Ordinance 509, the Land Use and Urban Development Ordinance of the City of Pearland be amended by revising Section 22-8, to read as follows: Section 22-8. Wind loads. €�esta.ndIng signs, shall be designed, constructed and installed to withstand a wind pressure of not less than thirty (30) pounds per square foot per sign face. Section 22-9. Obstruction to doors. windows or fire escapes. No sign shall be erected, relocated or maintained so as to prevent free ingress to or egress from any door, window or fire escape. No sign of any kind shall be attached to a stand pipe or fire escape. Section 22-10. Signs not to constitute traffic hazard. No sign shall be erected or maintained in such a manner as to obstruct free and clear vision; or at any location where by reason of position, shape, color, degree, manner, or intensity of illumination it may interfere with vehicular or pedestrian traffic. Pursuant to the foregoing, no sign shall be erected or maintained in such manner as to be likely to interfere with, obstruct the view of, or be confused with any authorized traffic sign, signal, or device. No sign shall be erected or maintained in a visibility triangle as defined in Section 3 of the Zoning Ordinance of the City of Pearland. Section 13. THAT Ordinance 509, the Land Use and Urban Development Ordinance of the City of Pearland be amended by revising Section 22-11, subsections (3), (7) and (8) to read as follows: Section 22-11. Prohibited signs. advertising. lighting. (1) No person shall attach any .sign, paper, other material, or paint, stencil, or write any name, number (except house numbers), or otherwise mark on any sidewalk, curb, gutter, street, utility 15 pennants, ribbons, streamers, strings of light bulbs, spinners, or other similar devices are prohibited. Section 22-12. Compliance with other Codes. All signs shall comply with all other City Codes, including the Electrical and Building Codes. Section 22-13. Maintenance. All signs, together with all supports, braces, guys and anchors shall be kept in good repair by the owner of the sign or the person in charge of the premises. Failure to keep a sign in good repair as defined in the Pearland Building Code shall be deemed cause for removal if the owner of the sign or person in charge thereof fails to make such repairs within thirty (30) days of notice from the Building Official of deficiencies. Section 22-14. Unsafe signs. If the Building Official shall find that any sign is unsafe and is a menace to the public, he shall give notice to the permittee thereof in the same manner as is provided in the Building Code for notice of unsafe buildings. If the permittee fails to remove or repair the sign within the time provided in such notice, such sign may be removed at the expense of the permittee. The Building Official may cause any sign which is an immediate peril to persons or property to be removed summarily and without notice. Section 14. THAT Ordinance 509, the Land Use and Urban Development Ordinance of the City of Pearland be amended by revising Section 22-15, subsection (2) to read as follows: Section 22-15. Aeplacement or repair of sign. (1) When any sign, or a substantial part of it, is blown down or otherwise destroyed or taken down or removed for any purpose other than maintenance operations or for changing the letters, symbols or other matter on the sign, it may not be replaced, reerected, reconstructed, or rebuilt except in full conformance with the provisions and requirements of this ordinance. (2) For purposes of Subsection (1) of this section, a sign or substantial part of it is considered to have been destroyed only if 17 with, this ordinanc those state con to on - mad * '"•' , ter • ormit ens te4a4 ective- dateof except that ig.•quA4foe UdUflder g as he Qfl )wver. all ti4tleS r e0tAlre (3) Unsafe signs: If such preexisting sign is found to be unsafe and a menace to the public by the City Building Official, a biyll use puimiL sliall fioL bt ylauLe . such sign shall then be subject to the requirements of Section 22-14, "Unsafe signs." ) A ba.yu use eiiuiL will u vctlid foi 6 pui_Lo .LIILee yedib cilldha11 Lt inewed ctL Lhe end uf Lial peLio . Section 16. THAT Ordinance 509, the Land Use and Urban Development Ordinance of the City of Pearland be amended by revising Section 22-17 to read as follows: Section 22-17. Builder/Subdivision ext ifw Signs. Bui1dti/5uLdiviiou bigns willwi.11 be peiiiiiLLtd withwiLti L1it 1olluw.iiy isLiiCLioii; (1) One =k0# sign may be located at the main entrance of any new subdivision. 1. enLid9ue Loii d threctiomal the signs may be located off -site at an appropriate location on Llie lledieb MajUi Lliuiouglifaie. (2) The maximum area of a bui.1der/ubdiViSiOn £u.0 boLI sign shall not exceed 130 bt.i. L.8qiare feet (two sides max.i.mum).. -tint : Such si be removed ater a. widt„ uii i annual Ube })WILLLL u shall ,iveear when the subdivision is 19 MF, MH permits are allowed in these districts. On -premise building sign(s), On -premise free standing sign. Zoning District Sign Type OP NS GB c PUD On-premise signs only: 1. Building sign 2. Free standing sign (marquee sign allowed) On -premise build- ing, free standing, marquee dtid pul ctble signs allowed On -premise build- ing, free standing, and marquee aud puLL ab e signs allowed:, On -premise build- ing, free standing, marquee and VW' piemi e pui LL1t signs allowed4: On -premise build- ing and free stand- ing signs located and describedon the site plarUi M , M- 011-pLe1uibe Lee 120 square feet Maximum Area of All Signs Allowed for a Business With Frontage 120 square feet 2 square feet per lineal foot of building frontage up to a maximum of 160 square feet 2 square feet per lineal foot of building frontage up to a maximum of 200 square feet 2 square feet per lineal foot of building frontage up to a maximum of 300 square feet Limited only by site plan and zoning limitations 21 2 squcti LetL ui Section 19. THAT Ordinance 509, the Land Use and Urban Development Ordinance of the City of Pearland, be amended by revising Section 28.5 to read as follows: Section 28.5. Vote Required in the Event of Protest. In the event of a written protest against such proposed amendment, supplement or change, signed by owners.. of twenty. percent: _(20% or more of the uWi1tLb of l.lie lots or land included in such proposed change d1111 �'i : s .gr e ownexs .,. , i. of qr land immediately adjoining the same and extending two hundred (200) feet therefrom, such amendment shall not become effective except by the favorable vote of three -fourths (3/4) of all members of the City Council. Section 20. THAT Ordinance 509, the Land Use and Urban Development Ordinance of the City of Pearland, be amended by revising Table III - Table of Uses, on the lines on page 70 (as currently paginated) in "Primary Residential Uses" which are, "Single Family Dwelling Detached", "Single Family Dwelling - Attached Town Houses", "Two Family Dwelling" and Multi -Family Dwelling" to read as follows: SD R1 R2 R3 R4 MF M_ QP ES_ GB M1 M2 Single Family Dwelling Detached S YES YES YES YES YES S S S S NO NO Single Family Dwelling - Attached Town Houses NO NO NO NO PUD YES NO S S S NO NO Two Family Dwelling NO NO NO NO NO YES NO S S S NO NO Multi -Family Dwelling NO NO NO NO NO YES NO NO NO NO Section 21. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect any other provision or application of this ordinance which can be given effect without the invalid provision or application and to this end the provisions of this ordinance are declared to be severable. 23 ATTEST: PASSED, APPROVED and ADOPTED on first reading this day of , A. D., 1993. City Secretary reading this ATTEST: Mayor PASSED, APPROVED and ADOPTED on second and final day of , A. D., 1993. City Secretary APPROVED AS TO FORM: City Attorney Mayor 25 r AGENDA - SPECIAL MEETING OF THE PLANING AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS, TO BE HELD THURSDAY, JULY 1, 1993, AT 7:00 P.M., IN THE CITY COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS I. CALL TO ORDER II. APPROVAL OF MINUTES: Special Meeting of June 14, 1993 and Public Hearing of June 15, 1993 III. NEW BUSINESS 1. CONSIDERATION AND POSSIBLE ACTION - FINAL PLAT OF 518 DIXIE PLAZA, 28.2271 ACRES, A REPLAT OF LOTS 18 & 19, GEORGE W. JENKINS SUBDIVISION, VOL. 79, PAGE 616, BRAZORIA COUNTY DEED RECORDS, LOTS 5-12, S.W. NARREGANG SUBDIVISION, VOL. 3, PAGE 53, BRAZORIA COUNTY PLAT RECORDS, AND ALL OF THE WISE SUBDIVISION, VOL. 17, PAGE 99, BRAZORIA COUNTY PLAT RECORDS IN THE W.D.C. HALL LEAGUE, ABSTRACT NUMBER 70, PEARLAND, BRAZORIA COUNTY TEXAS 2. CONSIDERATION AND POSSIBLE ACTION - AMENDMENTS TO THE LAND USE & URBAN DEVELOPMENT ORDINANCE a. Section 3 - Definitions - To revise the definition of boarding house, lot and shopping center b. Section 20, Landscape Regulations c. Section 22 - Sign Requirements d. Section 28.5 - Vote Required in the Event of Protest - To revise in accordance with state law e. Revise Table III to allow dwellings in Neighborhood Service, General Business and Commercial Zoning Districts by Specific Use Permit 3. CONSIDERATION AND POSSIBLE ACTION - REVISIONS TO THE THOROUGHFARE PLAN ELEMENT OF THE COMPREHENSIVE PLAN FOR THE CITY OF PEARLAND 1 V. DIRECTOR'S REPORT VI. ADJOURNMENT POSTED: DAY OF �,�, , A.D. , 199367 0 }P.M. REMOVED: t DAY OF -7 , A.D. , 1993. 2