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HomeMy WebLinkAbout1993-02-09 P&Z AGENDATHIS IS TO CERTIFY THAT I, C. L. DAVIS , A REGISTERED PROFESSIONAL LAND SURVEYOR, HAVE PLATTED THE ABOVE SUBMISION FROM AN ACTUAL SURVEY ON THE GROUND, AND THAT ALL BLOCK CORNERS, ANGLE POINTS, AND POINTS OF CURVE WILL BE PROPERLY MARKED WITH 5/8" IRON RODS AND THAT THIS CORRECTLY REPRESENTS A SURVEY MADE BY ME. . �.&.. • fLr ;•-t- C. L. DAVIS REGISTERED PROFESSIONAL LAND SURVEYOR, NO. 4464 rn • •. . •. .& �f 4 64 `r,R•O a, f C lL. • CAVi`, Ago' PRELIMINARY PLAT OF ROBIN COVE , SEC. 2 9.9850 AC. BEING ALL OF LOT 51 ALLISON RICHEY GULF COAST HOME CO. SUBD. SECTION 9 , H.T.&B. RR. CO. SURVEY A - 234 ( VOL. 2 , PG. 23 BCDR PEARLAND , BRAZORIA COUNTY , TEXAS e2 LOTS , 1 BLOCK , 1 RESERVE JANUARY , 1993 SURVEYOR C. L. DAVIS & COMPANY 1506 E. BROADWAY, SUITE 103 PEARLAND, TEXAS 77581 (713) 482-9490 OWNER RAY B. WHALEY 5707 FM 518 PEARLAND, TX. 77546 MINUTES OF A REGULAR F?EETING OF THE PLANNING AND ZONING COlM7ISSION OF THE CITY OF PEAR LAND, TEXAS, HELD ON '1'UESDAY, FEBRUARY 9, 1993, IN' THE CITY COUNCIL CHAMBERS, CITY HALL, 3519 LI':ERTY DRIVE, PF.ARg•A`,D, ThXAS The meeting was called to order at 7:10 P.M. with the following present: Chairman Richard Tetens Vice -Chairman Emil Beltz Commissioner Helen Beckman Commissioner Mary Starr Commissioner James K. Garner Division Director - Richard Burdine Planning, Public Works & Parks Chief Engineer Chief Building Official Asst. to City Secretary John Hargrove Don Guynes Sharon Parks Commissioners Pat Lopez and Jack Womack were absent. APPROVAL OF MINUTES It was moved by Emil Beltz, seconded by James Garner that the minutes of the January 25, 1993, meeting be approved as submitted. Motion passed 5 to 0. NEW BUSINESS PRELIMINARY PLAT OF ROBIN COVE, SECTION 2 - REQUEST OF AL LENTZ, AGENT FOR RAY B. WHALEY, OWNER, FOR A VARIANCE FOR A 3 00 WATER FAIN INSTEAD OF 60° . Al Lentz, 1328 S. Loop W., Suite 201, Houston, Texas spoke for the request. Mary Starr made the motion to remove from the table Preliminary Plat of Robin Cove, Section 2 with a second from Helen Beckman. Motion passed 5 to 0. James Garner made the motion to approve the Preliminary Plat of Robin Cove, Section 2 contingent upon the two variances discussed (ones submitted by letters on Feb. 3 and 4. to -wit: extra cul-de- sac length be allowed and variance for the 3B° line be denied and require a 6ID° line for Section 2, the new sections only. Emil Beltz seconded the motion. Motion passed 5 to 0. PRELIMINARY PLAT OF MEDEARIS TRIANGLE - REQUEST OF AL LEi TZ , AGENT FOR JAMES & DOROTHY MEDEARIS, OWNERS, FOR A VARIANCE TO BE 2.T>TOWED TO GRANT THE CITY 10" WIDE UTILITY EASEMENT ALONG BOTH FM 518 AND WALNUT ST. IN LIEU OF GRANTING 10' OF ADDITIONAL RIGHT-OF-WAY Al Lentz, agent, Houston, TX spoke for the request. After the Commission discussed the pros and cons of utility easement versus additional right-of-way, and cross access agreements, Helen Beckman made the motion to approve the Preliminary Plat of Medearis Triangle including the 10° wide utility easement in place of additional right-of-way along both FM 518 and Walnut. It was seconded by James Garner. Motion passed 5 to 0. FINAL PLAT OF T EDEARIS TRIANGLE Al Lentz request that the final plat of Medearis Triangle be removed from consideration at this time due to a problem with one of the lenders. DISCUSSION OF JO: DESCRIPTION FOR PLANNING & ZONING COMMISSION This section was passed over due to the fact that the job description questionnaire was removed from the agenda to be approved by Councilmember Benny Frank, as per Division Director - Administrative Support Glen Erwin. The packets had already been delivered. DISCUSSION OF TRAFFIC MODIFICATION AT THE INTERSECTIONS OF WALNUT AND BROADWAY City Engineer John Hargrove explained the proposed options via maps. After a general discussion of the options, Mr. Hargrove informed the Commission that they would be receiving maps with the proposed options on them. DIRECTOR'S REPORT 2 Richard Burdine, Division Director Planning, Public Works & Parks, reviewed City Council objectives from last July. One of the objectives was a landscape ordinance. Since items of landscaping are not brought before the P&Z for review, perhaps this could be required in the ordinance. Emil Beltz asked about addressing the issue of landscaping on the application form for variances and zone changes. Richard Burdine discussed the possibility of an expansion of landscaping in the Subdivision Ordinance and adopt a procedure stating that the developer will identify on the preliminary plat the trees over a certain size which are in the street right-of-way. However, the consensus was to keep it as a procedure since a procedure is easier to change than an ordinance. The main issue is to protect the trees which are already there. The next objective on the City Council's list was a revision of the Sign Ordinance. A third objective is a long range capital improvement plan which includes a thoroughfare plan (streets) and sewer and water facilities. Our public buildings are in pretty good condition, for the most part. Closing his remarks, Mr. Burdine stated that the Council would like to have input from the Commission on the three above objectives. ADJOT] The meeting adjourned at 8:42 P.M. Minutes of the meeting approved and/or corrected this/ - day of /17 e , A.D. , 1993 ATTEST: Pat Jones, C1r Secretary 3 'chard Te"en8, airman LENTZ ENGINEERING CONSULTING CIVIL ENGINEERS AND PLANNERS February 4, 1993 Planning and Zoning Commission City of Pearland 3519 Liberty Drive Pearland, Texas 77581 Att: Mr. Richard Burdine, Division Director Planning, Public Works, and Parks Re: Robin Cove, Section 2 LE #92111 Dear Richard: We are hereby requesting a variance to the requirements of the city of Pearland for the above mentioned project. The variance is requested for the requirement of a 6 inch water main (minimum size). We currently propose a 3 inch main at this site. The plans for the Robin Cove, Section 1 private water system were approved by the City in 1988 (see attached). The proposed well was to be located in Section 2. As can be seen on the site plan a 3 inch main feed to the system was proposed. This line was to serve both Section 1 and 2. Section 1 has been constructed with a 3 inch main line. We proposed to upgrade the main feed from the well to a 6 inch line with 3 inch mains to serve both Section 1 and 2. We believe that the prior approval granted by the City gives credence to our request. If you have any questions or require any additional information, please do not hesitate to call. I remain, Very truly yours, Lentz Engineering Altered E. Lentz, P.E., R.P.L.S. President cc: Mr. Ray Whaley 1328 SOUTH LOOP WEST, SUITE 201 • HOUSTON, TEXAS 77054 (713) 796-1212 • FAX (713) 796-1219 C.L. DAVIS & COMPANY LAND SURVEYING 1506 EAST BROADWAY, SUITE 103 PEARLAND, TEXAS 77581 (713) 482-9490 FAX 482-1294 February 3, 1993 Planning and Zoning Commission City of Pearland 3519 Liberty Drive Pearland, Texas 77581 Re: Robin Cove, Section 2 Ladies and Gentlemen: We are hereby requesting a variance to the length of the cul-de-sac for the above mentioned plat. The request is based on the following information: At the time of the platting of Section 1, Robin Cove, the City requested that Robin Spur be added to the plat at its current location. This was to allow for the extension into the owners second tract for the future. The basic plan was to limit the number of street connections into Roy Road. We will be happy to discuss this further with the Commission. Sincerely yours, C.L. Davis, R.P.L.S. 300 s') CH0Arr s*2 V/LLAG£ GREEN y 0 C.) s m�CC 9<0, ' 0 v c` \ }n;. • 0� I v 0 .`e o`\ • 0)1,' J� 6 m,, an (V/ c 4,ye-4 0 v O,p Re' Al •c ,rycro 1 4 o0KV' V, t. V N i 000q �� ak, 40 I 2 0 �4` ti E op6 /�11 o', h g f N N '4� /`' i\6 5S 4' / 'Pc' da°NDY EA C`9/ ~/4 NNA ' % /, A m< cy q/it t^ 9 v4- 0 yc.5, 0� cq 's"iy� P� p.- 'it rF 0 ORDINANCE NO. 509-A-2 ),ILlx.P6612Z4,1/ &el 6724 �.s, AN ORDINANCE AMENDING ORDINANCE NO. 509, THE ZO sOCe2 OF PEARLAND AND ORDINANCE NO. 509-A, BY DEFINTN r11vt7 KEDEFINING THE TERM "SIGN"; BY AMENDING SECTION 22, SIGNS, AT SECTION 22-1, SIGNS REQUIRING PERMITS, SUBSECTIONS (4)(g) AND (4)(n); BY AMENDING SECTION 22-3, MEASUREMENTS; BY AMENDING SECTION 22-4, HEIGHT RESTRICTIONS, SUBSECTION (1); BY AMENDING SECTION 22-7, PORTABLE SIGNS; BY AMENDING SECTION 22-11, PROHIBITED SIGNS, ADVERTISING, LIGHTING, SUBSECTION (7; BY AMENDING SECTION 22-16, SIGN REGISTRATION; BY AMENDING SECTION 22- 17, BUILDER/SUBDIVISION SIGNS; BY AMENDING TABLE VII OF SECTION 4 WITH RESPECT TO ZONING DISTRICTS NS, GB, C, M-1, M-2; BY AMENDING THE SPECIAL PROVISIONS; PROVIDING A PENALTY FOR VIOLATION, CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, A REPEALER CLAUSE; PROVIDING FOR PUBLICATION. WHEREAS, the City Council has received the recommendations of the Planning and Zoning Cormnission concerning the matters herein after the joint public hearing before said Corrunission and City Council on such matters; and, WHEREAS, notice has been published of the time and place of a joint public hearing held before the City Council and Planning and Zoning Corrunission; concerning the changes herein made, which public hearing has been duly held; and, WHEREAS, the City Council has determined that the amendments to the Zoning Ordinance of the City of Pearland hcrein 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 Codc, has established limitations upon the regulations of signs, particularly with respect to the removal of non -conforming signs; and, WHEREAS, Chapter 216, V.T.C.A. Local Government Code, also authorizes the regulation of signs outside City Limits but within its extraterritorial jurisdiction, as an alternative to regulation of such areas by the State of Texas; and, WHEREAS, the City Council desires to establish a comprehensive set of sign regulations for the City in order to protect property values and individual safety, as well as the aesthetic sensibilities and general welfare of all who use public thoroughfares and arc exposed to competition from advertising signs for their attention, and to promote the orderly growth and development of the City; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND: Section 1. That Ordinance 509, the Zoning Ordinance of City of Pearland, as it may have been from time to time amended, and specifically as it was amended by enactment of Ordinance 509-A, Section 1 (9), be further amended by defining and redefining the term "Sign" as follows: "(9) 'Sign' means an outdoor structure,sign, display, light device, figure, painting, drawing, message, plaque, poster, billboard, or other thing that is designed, intended, or used to advertise or inform." Section 2. That Ordinance 509, the Zoning Ordinance of City of Pearland, as it may have been from time to time amended, and specifically as it was amended by enactment of Ordinance No. 509-A, be further amended at Section 22, Subsections as follows and none other, such that the amended subsections shall hereafter read as follows: Section 22-1(4)(g) shall hereafter read as follows: "(g) On -site directional and informational signs not exceeding two (2) square feet." Section 22-1(4)(n) shall hereafter read as follows: "(n) Banners and decorations erected announcing civic, patriotic events and/or seasonal celebrations and for any other purpose shall not remain for more than thirty (30) days. Section 22-3 shall hereafter read as follows: "Section 22-3. Measurements. (1) The area of any sign shall be deemed to be the sum of the area of one sign face, including cutouts. (2) Maximum sign height shall be measured from the highest point on the sign to the elevation of the center line of the street measured perpendicular to the sign." Section 22-4(1) shall hereafter read as follows: "Section 22-4. Height Restrictions. (1) No free standing sign shall exceed thirty (30) feet above the elevation of the center line of street measured perpendicular to the sign." Section 22-7 shall hereafter read as follows: "Section 22-7. Portable Signs. (1) Each lawfully operating business shall be allowed the use of one (1) on -premise portable sign for ninety (90) days during each calendar year; provided, however, that each usage of such portable sign shall be in increments of no less than fourteen (14) consecutive days. (2) A portable sign permit shall be obtained by each business for each use of a portable sign. Specifically, a permit will be required in the following situations: (a) Prior to installation and use of a portable sign. (b) Prior to use of an existing installed portable sign by a different business located in the same shopping center. (3) In accordance with Section 22-1(4)(p) portable signs may be used as special event signs. Fees for a portable sign permit shall be established by City Council. Each on -premise portable sign shall have its permit securely attached and visible. (4) (a) Signs shall be secured in such a manner as to keep them upright and in place while in use. (b) When a state of emergency is declared due to adverse weather conditions, portable signs shall be removed." Section 22-11(7) shall hereafter read as follows: "Section 22-11. Prohibited signs, advertising, lighting. (7) No on -premise free standing sign shall be located within seventy-five (75) feet of another on -premise free standing sign on the same side of the street or highway." Section 22-16 shall hereafter read as follows: "Section 22-16. Sign registration. Every person, firm, group, organization, corporation, association, or other entity which has an erected sign on the effective date of this ordinance, shall register these signs with the City Building Official within 120 days after the effective date of this amendment unless said person, firm, group, organization, corporation, association or other entity has previously registered its sign. This registration on the part of the owner will consist of notifying the City Building Official of the existence of signage. Inspection, measurement, and recording of signage will be done by the City. The City Building Official shall determine if the preexisting sign meets the requirements of this ordinance. (1) Conforming use: If such preexisting sign meets the requirements of this ordinance, the City Building Official shall issue to the applicant "Notice of Registration of a Conforming Sign(s)." (2) (a) Nonconforming use: If such preexisting sign does not meet the requirements of this ordinance, the City Building Official shall issue to the applicant a registration entitled "Sign Registration Nonconforming Use." Such sign shall then be subject to the requirements of Section 22-15, "Replacement or Repair of Sign." (b) Signs which do not conform to this ordinance but which lawfully existed and were maintained on the effective date of this ordinance ( ) shall within eight (8) years after the effective date of this ordinance, be removed or made to conform; provided, however, portable signs shall be removed or made to conform within one hundred eighty (180) days after the effective date of this ordinance. (3) Unsafe signs: If such preexisting sign is found to be unsafe and a menace to the public by the City Building Official, such sign shall then be subject to the requirement of Section 22-14, "Unsafe Signs." Section 22-17 shall hereafter read as follows: "Section 22-17. Builder/Subdivision signs. (1) One builder/subdivision sign may be located at the main entrance of any new subdivision. Four (4) additional directional signs may be located off -site at appropriate locations. (2) The maximum area of a builder/subdivision sign shall not exceed 130 square feet (two sides maximum). (3) The maximum area of a subdivision directional sign shall not exceed 32 square feet (two sides maximum), with a length to width ratio not to exceed 3:1. (4) Such sign(s) shall be removed after a period of five years or when the subdivision is sold out, whichever occurs first." Table VII shall hereafter read as follows: Table VII Zoning District Sign Type SD,R-1,R-2 Signs permitted R-3, R-4, FW under the "Special Provisions" portion Maximum Area of All Signs Allowed for a Business With Frontage MF, MH of this table and signs not requiring permits are allowed in these districts. On -premise build- ing signs; On -premise free standing. OP On -premise signs only: 1. Building sign 2. Free standing sign (marquee sign allowed) NS GB PUD 120 square feet 120 square feet On -premise build- Free Standing: ing, free standing, 2 square feet per lineal marquee and port- foot of building frontage able signs allowed up to a maximum of 160 square feet (2 sides maximum). Building Sign: 1 square foot per lineal foot of building frontage up to a maximum of 80 square feet. On -premise build- Free Standing: ing, free standing, 2 square feet per lineal marquee and port- foot of building frontage able signs allowed. up to a maximum of 200 square feet (2 sides maximum). Building Sign: 1 square foot per lineal foot of building frontage up to a maximum of 100 square feet. On -premise build- Free Standing: ing, free standing, 2 square feet per lineal marquee and on- foot of building frontage premise portable up to a maximum of 300 signs allowed. square feet (2 sides maximum). Building Sign: 1 square feet per lineal foot of building frontage up to a maximum of150 square feet. On -premise build- Limited only by site ing and free stand- plan and zoning ing signs located limitations. and described on site plan. M-1, M-2 EXCEPTIONS: On -premise free Free Standing: standing, building 2 square feet of sign and on -premise area for each lineal foot portable signs of street frontage not allowed. to exceed 300 square feet per face, no more than 600 square feet maximum (2 sides maximum). Building Sign: 1 square foot of sign area for each lineal foot of street frontage not to exceed 150 square feet per face, no more than 300 square feet maximum. 1. In the case of a business with frontage of less than 50', a building sign(s) not to exceed 50 square feet total shall be allowed. 2. In the case of a business with frontage of less than 25', a free standing sign(s) not to exceed 50 square feet total shall be allowed. 3. All or a portion of unused allowed square footage for a building sign(s) may be added to free standing sign, but in no case may free standing sign square footage be added to building sign(s). SPECIAL PROVISIONS: Churches, colleges, government -owned buildings and institutional educational uses shall be allowed four off -premise signs, for directional purposes, not to exceed 32 square feet (2 sides maximum). Additional off -premises 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), or as amended." Section 3. Any person, firm or corporation violating any provision of this ordinance, as read together with the Land Use Ordinance of the City of Pearland, shall be deemed guilty of a misdemeanor and upon final conviction thereof shall be fined in accordance with Section 29.6 of the Land Use Ordinance in a sum not to exceed $1,000.00. Each and every day any such violation continues or is allowed to exist shall constitute a separate offense. Section 4. If any provision of this ordinance or the application thereof to any person or circurnstance 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. Section 5. All provisions of prior ordinances of the City in conflict with a provision of this ordinance are hereby repealed, but only to the extent of any such conflict. Section 6. All rights and remedies which have accrued in the favor of the City under Ordinance No. 509 and Ordinance .No. 509-A and amendments thereto shall be and are preserved for the benefit of the City. Section 7, The City Secretary is hereby authorized and directed to cause publication of the descriptive caption and penalty clause of this ordinance as provided by law. PASSED, APPROVED and ADOPTED on first reading this day of A.D., 1991. ATTEST: PAT JONES CITY SECRETARY C. V. COPPINGER MAYOR PASSED, APPROVED and ADOPTED on second and final reading this , A.D., 1991. C. V. COPPINGER MAYOR ATTEST: PAT JONES CITY SECRETARY APPROVED AS TO FORM: LESTER G. RORICK CITY ATTORNEY AGENDA - REGULAR MEETING OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF PEARLAND, TEXAS, TO BE HELD TUESDAY, FEBRUARY 9, 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: Meeting of JANUARY 25, 1993 III.NEW BUSINESS 1. CONSIDERATION AND POSSIBLE ACTION - PRELIMINARY PLAT OF ROBIN COVE, SECTION 2 -REQUEST OF AL LENTZ, AGENT FOR RAY B. WHALEY, OWNER, FOR A VARIANCE FOR A 3" WATER MAIN INSTEAD OF 6" 2. CONSIDERATION AND POSSIBLE ACTION - PRELIMINARY PLAT OF MEDEARIS TRIANGLE - REQUEST OF AL LENTZ, AGENT FOR JAMES & DOROTHY MEDEARIS, OWNERS, FOR A VARIANCE TO BE ALLOWED TO GRANT THE CITY 10' WIDE UTILITY EASEMENT ALONG BOTH FM 518 AND WALNUT ST. IN LIEU OF GRANTING 10° OF ADDITIONAL RIGHT-OF-WAY 3. CONSIDERATION AND POSSIBLE ACTION -FINAL PLAT OF MEDEARIS TRIANGLE 4. DISCUSSION OF JOB DESCRIPTION FOR PLANNING & ZONING COMMISSION 5. DISCUSSION OF TRAFFIC MODIFICATION AT THE INTERSECTIONS OF WALNUT AND BROADWAY IV. DIRECTOR'S REPORT V. ADJOURNMENT POSTED3 DAY OF -e. 24,7 a REMOVED: / DAY OF ,A.D., 1993,1/3 P.. 1 , A.D., 1993