Ord. 509-268-1 05-13-02 FailedFAILED 5/13/02
ORDINANCE NO. 509-268-1
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS,
AMENDING ORDINANCE NO. 509-268, THE LAND USE AND URBAN DEVELOPMENT
ORDINANCE OF THE CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF ADDING
A COMPREHENSIVE SIGN PROGRAM {APPLICATION NO. 1033), AT THE REQUEST
OF KERRY GILBERT & ASSOCIATES, INC., AGENT FOR SHADOW CREEK RANCH
DEVELOPMENT COMPANY, L.P., OWNER, PROVIDING FOR AN AMENDMENT OF THE
LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY
CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE
SUBJECT.
WHEREAS, Kerry Gilbert & Associates, Inc., Agent for Shadow Creek Ranch
Development Company, L.P., Owner, filed on March 22, 2002, an application for
amendment pursuant to Section 28 of Ordinance No. 509, the Land Use and Urban
Development Ordinance of the City, for approval of a change in the land use as provided
for in said Section 28, said property being legally described in the original applications for
amendment attached hereto, and made a part hereof for all purposes, as Exhibit "A"; and
WHEREAS, on the 22nd of April, 2002, 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 City, the affidavit of
publication being attached thereto 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 23rd day of April, 2002, the Planning and Zoning Commission
of the City submitted its report and recommendation to the City Council regarding the
proposed amendment application by, Kerry Gilbert & Associates, Inc., Agent for Shadow
Creek Ranch Development Company, L.P., Owner, whereby the Commission
ORDINANCE NO. 509-268-1
recommended and approved the addition of a Comprehensive Sign Program described in
Exhibit "A"; and
WHEREAS, upon receipt of the report from the Planning and Zoning Commission,
the City Council considered this application, and the recommendation of the Planning and
Zoning Commission, at a regular meeting on May 13, 2002, and
WHEREAS, the City Council having fully heard the testimony and argument of all
interested parties, and having been fully advised in the premises, finds that in the case of
the application of Kerry Gilbert & Associates, Inc., Agent for Shadow Creek Ranch
Development Company, L.P., Owner, 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:
I.
The Comprehensive Sign Program described in Exhibit "A" is hereby approved.
I1.
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.
2
ORDINANCE NO. 509-268-1
III.
The City Council of the City of Pearland finds and determines that the amendment
adopted herein promotes the health, safety, and general welfare of the public and is a
proper valid exercise of the City's police powers.
IV.
If any section, subsection, sentence, clause, phrase, or portion of this Ordinance
is for any reason held invalid or unconstitutional 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.
V.
All rights and remedies which have accrued in the favor of the City under this
Ordinance and its amendments thereto shall be and are preserved for the benefit of the
city.
VI.
The City Secretary is hereby directed to cause to be prepared an amendment to the
official Land Use District Map of the City, pursuant to the provisions of Section 2 of
Ordinance No. 509, and consistent with the approval herein granted for the reclassification
of the herein above described property.
3
ORDINANCE NO. 509-268-1
VII.
This Ordinance shall become effective after its passage and approval on second
and final reading.
PASSED, APPROVED, and ADOPTED on First Reading this
day of
,2002.
ATTEST:
TOM REID
MAYOR
YOUNG LORFING
CITY SECRETARY
of
PASSED, APPROVED, and ADOPTED on Second and Final Reading this
,2002.
day
TOM REID
MAYOR
4
ORDINANCE NO. 509-268-1
ATTEST:
YOUNG LORFING
CITY SECRETARY
APPROVED AS TO FORM:
DARRIN COKER
CITY ATTORNEY
CITY OF PEAR/,AND
?.',. ,.', , '::.',':;.,' .re~scd 10/~0101' ...
Change in Zoning Classification from:
Change in Regulations in Section #:
Specific 'Use for:"
PUD to:PUD
(ADDENDUM TO ADD SIGN REGULATIONS)
addmss: SHAD6W CREEK
Lot: --- Block: --- i subdivision:
& Bounds Description;
unplatted property only; attach survey) SEE
ORIGINAL PUD (NO CHANGE)
Tax i.D. number;
Current use of land: PUD (ADDENDUM TO ADD .qT~]~ REGULATION.q
Proposed use of land: PUD
Record owner's name: SHADOW. CRE.EK RANCH
Owner's mailing address: 2947 E. BROADWAY,
DEVP..T.OPMR~m COMPANY:
SUITE 303; PEARLAND, TX
77581
Owner's telephone number: (
etlt'S Ilame:
KERRY R. GILBERT & ASSOCIATES, INC.
15810 PARK TEN PLACE, SUITE 1~0; HOUSTON, TX 77084
Agent's mailin~ ,add.ss; .
telephOne number; (281) 579-0340
PETITION: As owner/agent, I hereby petition the City for approval of the above described request as
provided by the laws of the State of Texas and Ordinances of the City of Pearland. "On a Specific Use
permit request to allow a residential use in a business zone (OP, NS, GB), I acknowledge that such use
may be inCOmpatible with ~urrent and future ~seS on properties m my vic n~ty.' -
own'eds signatur.e'~.~, ,~'/~~'~/~' Agelt's signature:./~--7.
· * TOTRL PC~GE.08 ~<~
ZONE CHANGE APPLICATION NO. 1033
Shadow Creek Ranch Development Co., L.P.
Kerry R. Gilbert & Associates, Inc.
PUD amendment
· SHADOW CREEK RANCH '
.PLANNED UNIT DEVELOPM. ENT
(Addendum) .
VA.
COMMUNITY SIGN REGULATIONS
The following sign types a,re permiz'ted within the Shadow Creek Ranch Planned Unit
DeveloPment subject to the I!mitationS regarding height, size, number and location:
COMMUNITY BENEFIT
· . No more than four (4) signs located along the frontages of each of the
following streets:
o State HighWay288
o ' F.M. 521
, Maximum size: 14".x2,4'
· Maximum height: 19'with posts
COMMUNITY INTRODUCTION'
· No more than four (4) signs located along the frontages~-of each of the
following streets:
o Shadow Creek Parkway
o BrOadway and F.M. ,521
· Maximum size: 8'x. 16'
· Maximum height: 13'with I~osts
INFORMATION CENTER
· No more than four (4) signs located on the frontages of each of the following
streets:
o Shadow Creek Parkway
o Broadway
o Kirby Drive
o Hampton Drive
· Maximum size: 8'x 16'
· Maximum height: 13' with' posts
FUTURE LAND USE
· Limit one (1) per site (corner sites - limi~ tWo.(2))
· Maximu.m size: 8' x 16'
· MaXimum height:. 1 O' with posts
5. DIRECTIONAL SIGNS FOR BUILDERS / NEIGHBORHOODS
· Limit three (3) per neighborhood (subdivision) to located along the frontage
of Kirby Drive, Hampton Drive and/or the collector loop / enti'y streets
·Maximum size: 16' x 8'
· Maximum height: 17'with base .
* Multiple neighborhoods / builders listed on one sign count as one sign.
The above signs are t~mpomry and will' be removed and/or relocated as dictated by
project completion.
R Y
R, .. G I L B E
February 12, 2002
R T
A $
15810 Parr Ten Place
Suite 160
Houston, Texas 77084,
(281) 879-0340
Fax (281) 579-8212
Mr. Alan Mueller
City of Pearland
3519 Liberty Drive
Pearland, Texas ¢7581
Dear Alan,
As an'ticipated in Section V of the Shadow Creek Ranch Planned Unit Development (PUD)
document adopted by the City of Pearland, we are hereby ~ubmitting an addendum for the
regulation of sign~ige within Shadow Creek Ranch.
The addendum specifies the height, size and type of signs' allowed within Shadow Creel~ Ranch
while limiting the number of signs and their location. Examples of each sign type are aisc
provided for your review.
The primary difference be~een the sign regulations for Shadow Creek Ranch and .the current
City Of Pearland sign ordinance is the size and height of certain signs. The overall number of
signs allowed will. be considerably less. Due to the enormous size and scale of' the project,
coupled with the high speed of traffic on S.H.' 288, F.I(,~. 521 and Shadow Creek Parkway; the
signs are larger in order to be readable. The larger signs also allow for the necessary information
regarding the community to be conveyed to the general public without a proliferation of signage
throughout the project.' For example, the current City ~)f Peadand sign ord nonce allows each
builder four (4) directional signs plus a builder / subdivision sign at the entry for a total of five (5)
signs for each subdivision. The Shadow Creek regulations will permit a maximum of three (3) per
subdivision. In many instances, multiple neighborhoods and builders will be used on one sign to
further reduce the overall number of 'signs. For example, the first'three subdivisions within
Shadow Creek Ranch will'have a total of only three (3) direct, ional signs utilizing this concept.
Additionally, a p.reliminary implementation Idlan for tl~e current phase of the development
illustrating the Sign type and approximate location is provided as an example-of how the signage
program will function. The exhibit is for information only and is subject to change, but any
changes will conform to the Shadow Creek Ranch PUD addendum.
Although the neighborhood entry identification monuments planned for Shadow Creek Ranch
corriply with the 'current City of Pearland Sign ordinance, a package illustrating the various types
to be utilized throughout the project are b'eing provide8 for information purposes only to
demonstrate.how they relate to the overall signage program within Shadow Creek Ranch. The
various monuments will be permanent structures maintained by the Shadow Creek Ranch
M~intenance Association. ..
Should you have any comments or require additional information, please 'do not hesitate to
contact us.
Sincerely,
Kerry R. Gilbert
President .' ...... '
April 23, 2002
Honorable Mayor and Council Members
City Hall
Pearland, Texas 77581
Re:
RECOMMENDATION TO THE CITY COUNCIL ON ZONING AppLICATION
NO. 1033
Request of Kerry Gilbert & Associates, Inc., agent for Shadow Creek Ranch Development
Corporation, owners for an amendment to the existing Shadow Creek Ranch Planned Unit
Development to add a comprehensive sign program, on the following described property, to wit:
Being 3305 acres of land, more or less, located in the Dupuy and Roberts Survey, Abstract 726,
Brazoria Co.; William Morris Survey, Abstract 344, Brazoria Co.; T,C.R.R. Co. Survey, Section 3,
Abstract 678, Brazoria Co.; T.C.R.R. Co. Survey, Section 4 (John W. Maxey), Abstract 675,
Brazoria Co.; Obediah Pitts Survey, Abstract 717, Brazoria Co.; H.T.&B. R.R. Co. survey, Section
80 (J.S. Talmage), Abstract 564, Brazoria Co.; H.T.&B. R.R. Co. Survey, Section 81, Abstract 300,
Brazoria Co.; H.T.&B. R.R. Co. Survey, Section 82 (J.S. Talmage), Abstract 565, Brazoria Co.;
H.T.&B. R.R. Co. survey, Section 83, Abstract 305 in Brazoria Co. and Abstract 761 in Fort Bend
Co.; S.G. Haynie Survey, Abstract 212 in Brazoria Co. and Abstract 620 in Fort Bend Co.; Franklin
Hooper Survey, Abstract 198, Fort Bend Co.; I.C. Staford Survey, Abstract 668, Fort Bend Co. and
the Levering Survey, Abstract 279, Fort Bend Co., TX
Honorable Mayor and Council Members:
At a regular meeting held on April 22, 2002, immediately following a Joint Public Hearing, the
Planning and Zoning Commission considered the above-mentioned request.
Commissioner Russ Selemon made a motion to forward Zoning Application No. 1033 to City Council
for approval with a note that the signs on Highway 288, FM 518, and FM 521 known as the
"Community Benefit" signs be limited to a three year nonrenewable time frame. Vice-Chairman
Donald Glenn seconded the motion.
Motion to approve passed 5 to 1 (1 abstention).
This is submitted for your consideration.
H. Charles Viktorin, Chairman
Planning & Zoning Commission
HCV/jmg
Page 1 of 1
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
3tate of Texas
3razoria a~'ld Harris Counties
Randy Emmons, hereby certify that the notice hereby appended was published :
Brazoria and Harris Counties in THE REPORTER NEWS, a newspaper of general
;irculation in Brazoria, Harris & Galveston Counties, for / issues,.aS~o]lows:
No. / Date
No. Date
No. Date
No. Date ' .'-"
¥ .-_~ 20 ~.
~ 20,
.... 20
2O
No. Date 20 __
President
ubscribe and sworn to before me this
day of' ~
Laura Ann Emmons, Publisher
Notary Public, State of Texas
Application No. 1033
NOTICE OF AJOINT
PUBLIC HEARING OF THE
CITY COUNCIL AND THE
PLANNING AND ZONING
COM MISSION OF THE, CiTY
OF PEARLAND, TEXAS
Notice is hereby given that on
the 22nd day of April, 2002, at
6:30 p.m,i4h~ '(~ity C0uhcil
Pearland, Bra.zoria, Harris
and Fort Bend Counties,
Texas, will conduct a joint
public hearing in the Council
Chambers of City Hall, 3519
Liberty Drive, Pearland,
Texas, on the request of
Shadow Creek Ranch
Development Company,
owner, for an amendment to
the existing Shadow Creek
Ranch Planned ::.: Unit
the fOllOWi~g::~es~fi~ ~rop.
Being 3305~CreS/of land,
Ab~tra~.t::~ ,i.~:Co.;
.y
Abs~ '3~ ':'~zorJ~ Co.;
T.C.R.R C( Suwey, Section
4~ (Jo~n~'W.~':
675;'B~ ~ Obadiah
Pflts~.Sd~; ~:~:bstract~717
Br~0~i~C~H. :~?& .a~ R R
Co. suwey, SeCtion 80~(J,S.
Talma~);~ Ab~t[a~t 564,
Brazoria~ C0~; H~ Y~'[~ B;-R,R,
Co, .survey, rSection 81,
Absta~t 3~:Si~oria ~;H,
T. & B, .R~R.r-CO. survey,
Section 82 (J.S, Talmage),
Abstract 56~,. Br~oria' Co.; H.
T, & B, R,R. Co. survey;
Section83, Abstract 305 in
Brazona Co, ~nd Abstract
761 in: F0~ Be~d.Co;; S. G,
Haynie Su~ey, AS~traCt 212
in 8razOria~cO; and~ Abstract
620 in Fo~ ~d~Cd~;~:~anklin
H~Per SuWey, Ab~t~t. 198,
Fort Bend Co,; George W.
McDonald Su~ey, Abstract
577, F0H Bend C0,; I,C,
Stafford Su~ey, Abstract 6~,
Fort Bend Co. add the H,
Levering Su[yey.,~tr~c~
279 Fo~
seda
At said healing ~11 .in~Rre~.
p~ties shall:~ ~t~r~[~
and oppo~uni~ tb~::
be heard on the s~:? ~-'
APPLICATION NO. 1033