Ord. 509-106 12-17-97ORDINANCE NO. 509-106
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AMENDING THE LAND USE AND URBAN DEVELOPMENT
ORDINANCE, NO. 509, AS AMENDED, OF THE CITY OF PEARLAND
CODE OF ORDINANCES, FOR THE PURPOSE OF GRANTING A SPECIFIC
USEPERMIT(SPECIFIC USE NO. 46) TO ALLOW FOR THE ERECTION OF
COMMUNITY ENTRY GROUND SIGNS, SUBDIVISION DIRECTIONAL
SIGNS, AND NEW HOME INFORMATION CENTER SIGNS, IN
ACCORDANCE WITH THE CITY'S COMPREHENSIVE SUBDIVISION
DIRECTIONAL SIGNS PROGRAM SET FORTH IN SECTION 22.17(2) OF
ORDINANCE NO. 509, AS AMENDED; HAVING A SAVINGS CLAUSE, A
SEVERABILITY CLAUSE, AND AN EFFECTIVE DATE; AND OTHER
PROVISIONS RELATED TO THE SUBJECT.
WHEREAS, the Pearland Area Homebuilders and Developers Association, by and
through its agent, Rene(~ L. West, filed an application for a specific use permit
(Specific Use No. 46) pursuant to Section 23 of Ordinance No. 509, as amended, the
Land Use and Urban Development Ordinance, of the City, for approval of a specific
use permit to allow the erection of community entry ground signs, subdivision
directional signs, and new home information center signs ("Program Signs"), in
accordance With the City's comprehensive Subdivision Directional Signs Program set
forth in Section 22.17(2) of Ordinance No. 509, as amended, and further defined
herein; and
WHEREAS, the Pearland Area Homebuilders and Developers Association's
original application for Specific Use Permit and exhibits are attached hereto and made
a part hereof for all purposes, as Exhibit "A"; and
WHEREAS, on the 11 th day of November, 1996, a joint public hearing was held
before the Planning and Zoning Commission and the City Council of the City of
Pearland, Texas, notice being given by publication in the official newspaper of the
ORDINANCE NO. 509-106
City, the affidavit of publication being attached hereto and made a part hereof for all
purposes, as Exhibit "B", said call and notice being in strict conformity with provisions
of Section 28.3 and 28.4 of Ordinance No. 509; and
WHEREAS, on the 19th day of November, 1996, the Planning and Zoning
Commission of the City submitted its report and recommendation to the ,City Council
regarding the proposed application of the Pearland Area Homebuilders and Developers
Association, whereby the Commission recommended and approved the issuance of
a Specific Use Permit to allow Program Signs (as defined herein); and
WHEREAS, upon the receipt of the report from the Planning and Zoning
Commission, the City Council considered this application and concurred with the
recommendation of the Planning and Zoning Commission at its regular meeting on
November 25, 1996; and
WHEREAS, the City Council, having fully heard the testimony and argument of
all interested parties, having been fully advised of the proposal, finds that in the case
of the application of the Pearland Area Homebuilders and Developers Association,
facts were presented which, in the judgment of the City Council, would justify the
approval of said application; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. There is hereby issued a Specific Use Permit, valid until
December 31, 1999, to allow for Program Signs to be located within the main
corridors of the City, as defined in Section 22.17(1) of Ordinance No. 509, as
2
ORDINANCE NO. 509-106
amended, the Land Use and Urban Development Ordinance, of the City, and further
defined as follows:
(1)
Community entry ground signs may be located (a) near the FM 518 exit
from SH 288; (b) on Dixie Farm Road near the City's northeast city limit;
(c) on north Main Street near the City's north city limit. The number of
these signs is limited to three (3) and shall be sixteen feet (16') in height
and thirty-two feet (32') in width (one-sided), notwithstanding existing
billboards, which may also be used for this program.
(2)
Subdivision directional signs may be located within the main corridors
defined herein at key intersections and decision points. The number of
these signs is limited to sixteen (16) and shall be twelve feet (12') in
height and eight feet (8') in width (two-sided).
(3)
New home information center signs may be located at businesses within
the major corridors defined herein. The number of these signs is limited
to ten (10) and shall be four feet (4') in height and eight feet (8') in
width (two-sided).
Section 2. The City Council of the City of Pearland finds and determines that
the recitations in the preamble hereof are true and that all necessary prerequisites of
law have been accomplished and that no valid protest of the proposed change has
been made. The City Council further finds and determines that there has been
compliance with the mandates of law in the posting and presentation' of this matter
to the Planning and Zoning Commission and to the City Council for consideration and
decision.
Section 3. The City Council of the City of Pearland finds and determines that
the Specific Use Permit granted herein promotes the health, safety, and welfare of the
public, and is a proper, valid exercise of the City's police powers.
3
ORDINANCE NO, 509-106
Section 4. Savin~js. All rights and remedies which have accrued in favor of the
City under this Chapter and amendments thereto shall be and are preserved for the
benefit of the City.
Section 5. Severability. If any section, subsection, sentence, clause, phrase
or portion of this Ordinance is for any reason held invalid, unconstitutional or
otherwise unenforceable by any court of competent jurisdiction, Such portion shall be
deemed a separate, distinct, and independent provision and such holding. shall not
affect the validity of the remaining portions thereof.
Section 6. Effective Date. This ordinance shall become effective' upon passage
and approval of its second reading.
READING this the ~>~'~ day of
TOM REID
MAYOR
.ATTEST:
CITY SECRETARY
4
ORDINANCE NO. 509-106
of
PASSED and APPROVED ON SECOND AND FINAL READING this the/y_ day
~ ,A.D.,19~(.
TOM REID
MAYOR
ATTEST:
CITY SEXY~ '
Y~A~D~AC. BENIT~Z~
APPROVED AS TO FORM:
CITY A'TORNEY
5
.. CIlangc m Zoning Claastllcat~on trom:
_ .Changc in Rcgulation$ in Section #:.
_aX__SpccificU.~efor: Compreahensive direcl;tonal 8.i.~n nrogrSm
Proportyaddross: M.aj0r corridors as defined -in Exhibit "A"
Lot: N / A Block: N / A Subdied_On: N / A
Motos & Bounds Description:
(unplatted property only;' attach survey)
N/A
Tax I.D. number:
Applied For
Proposed usc of land within requested designation:
program
Comprehensive directional sign
Record owner's namc: PEARLAND AREA
HOMEBUILDERS AND DEVELOPERS
Owncr's_mailing ad&...~ss: N/A
Owners telephone number:. _N/A
Agent's name:
Renee' L. West/West Development Co.+ Inc.
Agcnt's mailing address:
2510 Westminister', Pearland, TX 77581
AgeA~t'S tclcphone humbox: ( 281 ) 997-1500 ....
P|H'ITION: As owna'lagent, 1 hcreby petition the City Ibr approval of lho above dosoribe, d rcquost as
provided by the laws of Ih6 $_talC Of Tcxas and Ordinances of tho City_of P.earland:
Ownct's signature:
i:cc.~ paid: $ . f/f?-- ..
_lJecc!vexi' by!._.-~7.j..~ .. ~ .......
EXHIBIT "A'
This docmnent describes a comprehensive subdivision directional signs program, as
proposed by the Pearland Area Homebuilders and Developers (PAH&D). It is an exhibit
to their application for a Specific Use Permit, as may be granted by the City Council in
accordance with Section 23 - SPECIFIC USE PERMIT REGULATIONS, of the Land
Use and Urban Development Ordinance No. 509, as mended.
Off-site builder/subdiviSion directional signs are currently allowed under Section
22. ! 7( I ) of the Land Use and Urban Development Ordinance No. S09, which provides:
( 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.
It is common for a single builder to be active in more than one subdivision and for more
than one builder to be active in a single subdivision. The sheer number of builders and
subdivisions in the Pearland area has resulted in a proliferation of off-site directional
signs along major thoroughfares. Off-site signs generally direct prospective home buyers
by identification of builder names, rather than by subdivision names.
PAH&D proposes a comprehensive subdivision directional signs program intended to
direct prospective home buyers to new residential subdivisions by the safest and most
direct routes available. The program would replace existing off-site directional signs with
· clear and consistent signs (See Exhibit B), thereby reducing the likelihood of motor
vehicle accidents caused by confused newcomers making haphazard driving decisions.
A comprehensive program will also enhance the appearance of the city, as seen by
newcomers driving on major thoroughfares. Because the signs are directional in nature,
no advertising for individual builders or developers would be permitted.
Off-site directional signs are proposed for three types of locations - community entries, at
intersections and other key points along major corridors, and at Information Centers
within the major corridors. Approximately 30 existing off-site directional signs will be
removed voluntarily and all new signs must conform to the proposed program. Chart 1.
(Attached) illustrates the proposed locations, size and number of each type of directional
sign.
Major co~:ridors are defined as the area within five hundred feet (500') of the right-of-
way of SH288 from Clear Creek to the City's southern extraterritorial jurisdiction (ETJ)
boundary, Broadway (FM 518) from the east city limit to SH288, Main Street from Clear
Creek to the southern ETJ boundary. Dixie Farm Road from the northeast city limit to
Main Street, Oiler Drive from Main Street to Centennial Boulevard and Centennial
Boulevard from Oiler Drive to Blackhawk Boulevard.
Community entry ground signs would be located in the vicinity of the SH288 and
FM518 intersection, on Dixie Farm Road near the city limit and on North Main (SH35)
near the city limit, Community entry signs would be 16 feet tall and 32 feet wide (one-
sided), The number of community entry signs is limited to three (3), Existing billboards
may also be utilized by the program and are not affected under this proposal.
Subdivision Directional Signs would be located within main corridors at key
intersections and decision points.. These signs w. ould be 12 feet tall and 8 feet wide (two-
sided). The number of subdiviSion directional signs is limited to sixteen (16).
New Home Information Center Signs would be located at businesses within the major
corridors. These signs would be 4 feet tall and 8 feet wide (two-sided). The number of
subdivision directional signs is limited to ten (10).
Cost of the program is to be paid by the PAH&D. The program would end three years
from the date the Specific Use Pennit is granted by the City Council. Extension or
renewai of the program would require approval of a new Specific Use Pennit by the City
Council. All signs erected under the program would be removed upon expiration of the
permit and could not be used for other purposes, i.e., general billboard-type advertising or
advertising of a business upon which property the sign is erected.
2
Chart I. Proposed Subdivision Directionai Sign Locations, Size and Number
Sign Type ~ of si4es)
Community EnUy (one-
sided)
Subdivision Directional
(two-sided)
New Home Information
(two'sided)
| ~cation
SH288/FMSIS, North Main at
city limit, Dixie Farm Rd. at
north city limit
Along major corridors
At businesses in corridors
Size NUmber
16' by 32' 3
12'by 8' 16
4'by8' xo
* Note - Major corridors are def'med as the area within five hundred feet (500') of the
right-of-way of SH288 from Clear Creek to the City' s southern extraterritorial
jurisdiction (ETJ) boundapy, Broadway (FM 5 18) from the east city limit to SH288, Main
Street from Clear Creek to the southern ETJ boundary, Dixie Farm Road from the
northeast city limit to Main Street, Oiler Drive from Main Street to Centennial Boulevard
and Centennial Boulevard from Oiler Drive to Blackhawk Boulevard.
3
Proposed Subdivision Directional
signs within main corridors (12' by
8', two-sided ground signs):
Main corridors are FM 5 18, SH 288, SH
35, Dixie Farm Road, and future Oiler
Drive and Centennial Blvd.
El Only program directional signs would be
visible from main corridors.
E3 Total program signs limited to 16.
Proposed on-site "New Home
Information Center" signs (8'by 4',
two-sided ground signs):-
[] Only attractive, well-am businesses with
friendly employees would be designated
as Information Centers.
El The number of Information 'Center signs
would be limited to 10.
Some potential Information Centers are Busy
Bee, Shell stations. Race Trac and bank 24
hour tellers
PEAR ANI)
Information Center map brochure to be a
professional, full-color piece (front):
Information Center map brochure to list
subdivisions with price ranges (back):
SUJ,~:JiY~SiOI~ 4k It,me Liuilden
Subdivision Directional Signs
Program details:
[] Builders & developers to pay all costs.
[] Builders will remove old off-site signs
(approx. 30) visible from main corridors
upon program implementation.
[] The ordinance authorizing the program
would "sunset" after 3 years, unless
extended by City Council action.
Next steps for the Subdivision
Directionai Signs Program:
[] Complete draft ordinance.
[] Schedule and hold joint P&Z / City
Council Public Hearing.
C] Approval of ordinance.
{3 Implement dircctional signs program.
Pearland Area
Homebuilders and
Developers'
Subdivision Directionai Signs Program
Builders, developers, the City, the
Chamber and Clean Pearland
working together to solve problems:
[] Illegal "bandit" signs proliferating~
becoming ineffective and confusing for
potential homebuyers.
[3Pearland's appearance not that of a
"Master Planned Community."
{3No Pearland area builders identity for
marketing in the greater Houston area.
The Subdivision Directional Signs
Program promotes consistent
appearance and theme:
On signs from the city limit all the way to
subdivision lots.
[] In map brochures at information centers,
in newspapers and on the Internet.
[] In a Pearland Area Homebuilders logo.
The Subdivision Directional Signs
Program focuses on:
Key community entry points to
familiarize prospective homebuyers with
the program' s standard sign format.
"Decision point" intersections within
main corridors.
F3 Identifying information centers along
main corridors.
Proposed Subdivision Directional
Signs at key entry points (16' by 32',
one-sided ground signs):
[] Entry sign near the FM 518 exit from SH
288.
[] Entry sign on Dixie Fann Road near
northeast city limit.
Entry sil,m on North Main Street (SH 35)
near north city limit.
.-;. *- EXHZBZT "B"
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
State of Texas
· Brazoria and Harris Counties
|; Joan Cummings, hereby certify that the notice hereby appended was published
in Brazoria and Harris Counties in the REPORTER NEWS, a newspaper of general
circulation in Brazoria and Harris Counties, for / issues, as follows:
No. / Date~v. ,2] Jf/'l-q'( 19 .~
No. Date 19
No. Date 19
N o. Date ' 19
No. Date 19
Subscribe and worn to before me this
19 ~,
~Editor~/r~~
day of
Laura Ann Emmons, Publisher
EXHZBZT "B"
PUB-
THE PUkNNI~ AND ZON-
ING COMMISSION OF THE
CITY OF PEARLAND,
TEXAS
Noecelherebygivenlhaton
the tlth day of November
1996, at 6:30 p.m., Ihe City
CeurdandlhePimW~and
Zoning Commission of me
ClyolPmdmd, Bruodamd
, Flards ~, Texu, will
conduct a Joint Public
Hudq in the Council
· Chambers, City Hall, 3519
r'l:iberty Ddva, Peadand,
-Tmms, onthe requestotb~e
: andOevek~rsfota,~mctc
U,e Permit to allow for a
t~m~roh~e ~bdiH$io~
kintot cx~lors ~flr, ed as ee
ereswilhinrrvehundredfeet
(500') ol the right-of-way of
SHUn from Clear Creek to
IheCay'smxamemex~mrfi-
torial jurisdiction (ETJ)
ecundmy, enadway (FMS18)
.from the eat cily limit to
$H288, Main Street from
ClearCmeklothesouthem
ETJ boundary, Dixie Farm
limit to Main Street, Otter
Ddva from Main Street to
Centennial Boulevard and
Centennial Boulevard from
Oiler Ddva to Slackhawk
I Aluklheadngdkamsted
t I~rtlulhl!lhlvalMrlght
I andol~cx~mrlyloq~caarand
beheaeUon~m~lect.
YdandaBenile~