Ord. 509-056 11-28-94ORDINANCE NO. 509-56
AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, AMENDING
ORDINANCE NO. 509, THE LAND USE AND URBAN DEVELOPMENT
ORDINANCE OF THE CITY OF PEARLAND, TEXAS, AT SECTION 3,
DEFINITIONS; AT SECTION 29.3.3, PUNCTUATION; AND AT TABLE
VII, EXCEPTIONS, AT THE REQUEST OF CITY OF PEARLAND,
AGENT; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY
CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO
THE SUBJECT.
WHEREAS, City of Pearland, Agent, filed on October 4, 1994, 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 to the provisions of the ordinance as provided
for in said Section 28, said changes being described in the
original application for amendment attached hereto, and made a part
hereof for all purposes, as Exhibit "A"; and
WHEREAS, on the 24th day of October, 1994, 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 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 25th day of October, 1994, the Planning and
Zoning Commission of the City submitted its report and
recommendation to the City Council regarding the proposed amendment
application of City of Pearland, Agent, whereby the Commission
recommended and approved the requested changes to the land use and
urban development ordinance as described in Exhibit "A"; and
WHEREAS, upon 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 of November 14, 1994; and
WHEREAS, the City Council having fully heard the testimony and
argument of all interested parties, having been fully advised in
the premises, finds that in the case of the application of City of
Pearland, Agent, facts were presented which, in the judgment of the
City Council, would justify approval of said application, it is
therefore,
ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
I.
The following changes are made to the land use and urban
development ordinance:
1. Amend Section 3, addition of a definition for a multi -
tenant ground sign, to read as follows:
Section 3 - Definitions.
GROUND SIGN: A sign which is supported by one (1)
monolithic structure which is not less in width than one-
half (1/2) the maximum sign height, set upon the ground
and is not part of a building, including ground signs
that advertise for more than one occupancy on the
premises (multi -tenant).
2. Amend Section 29.3.3, changing punctuation in the
section, to read as follows:
Section 29.3.
3. No vacant land shall be occupied and no building or
structure hereafter erected or structurally
altered, and no change in occupancy of a building,
2
part of a building or land shall be made until
after the Enforcing Officer shall have issued a
Certificate of Occupancy therefor. The Certificate
of Occupancy shall not only state the information
as required under the Building Code, but shall also
state the occupancy authorized is in compliance
with the Zoning Ordinance. Occupancy other than
that authorized in the Certificate of Occupancy
shall be unlawful.
3. Amend Table VII, Exceptions, to allow ground signs, to
read as follows:
Table VII, Exceptions:
3. In the case of a business with frontage of more
than seventy five feet (75') and located within a
shopping center or integrated business development,
a free standing sign or a ground sign not to exceed
fifty (50) square feet shall be allowed, subject to
freestanding signs or ground signs being allowed in
the zoning district and the provisions of Section
22-11 (7).
II.
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 funds 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.
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.
3
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.
This Ordinance shall become effective after its passage and
approval on second and final reading.
PASSED and APPROVED on first reading this
, A. D., 19 fit
ATTEST:
Pat Jones, C,�Ey Secretary, TRMC
4
•
//4
day of
ORDINANCE NO. 509-56
PASSED and APPROVED on second and final reading this 02,
day of , A. D., 19 94/
ATTEST:
Pat ones,
y Secretary, TRMC
APPROVED AS TO, FORM:
C. 'e‘.
Cullo '%h, City A•= orney
5
42/
Ma or
EXHIBIT "A"
ZONING CHANGE APPLICATION
CHANGE REOUESTED:
O Change in Zoning Classification
From:
To .
M Change in Regulations in
Section
PROPERTY IDENTIFICATION:
Street or Road Address:
0 Specific Use
For:
1. Amend Section 3, addition of a definition for a
multi -tenant ground sign.
2. Amend Section 29.3.3, changing punctuation in that
section.
Lot , Block , Addition
Tax L.D.#
LEGAL DESCRIPTION
Unplatted Land: (Must have survey & metes and bounds description)
• ; • •
•
• •j_
•,
RECORD OWNER:
•:•1!
•
1GENT' S NAME:
CITY OF PEARLAND
NO
?CENT S MAILING 4DDRESS;
3519 LIBERTY DRIVE, PEARLAND, TEXAS 77581
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.
SIGNATURE:
OWNER
FEE : $ WAIVED
DATE PAID:
DATE FILED: 10-04-94
SIGNATURE:
AGENT
RECEIVED BY:
APPLICATION NO. 49
REVISED FEBRUARY 17, 1993
AFFIDAVIT OF PUBLICATION
EXHIBIT "B"
REPORTER NEWS
P.O. Box 954
Friendswod, Texas 77546
State of Texas
County of Galveston
1, Linda Knight, hereby certify that the notice hereby appended was published in Galveston County in
the REPORTER NEWS, a newspaper for general circulation in Galveston County and Brazoria County, for
issues, as follows:
No.
Date /d — J 19 it
No. Date 19
No. Date 19
No. Date 19
No. Date 19
Subscribed and swom to before me this
19 4
Counties, Texas, will cow 4,
duct a Joint public' Hear
.in the.:Councll Chambers
. ;PIM,.. Clty,Hali,.3519 Liberty Drive, 1
LIC HEARING OF THE•CifY; .pearland, Texas,; on the
COUNCIL'�AND THE•PLAN •;'.,request of, fh%.'"CItl of I
NING -AND ZONING COM Pearland for an�
MISSION OF THE CITx,OFm to the Land U* �.�
pEN,KAND TEXAS i Development Orladl
r• said City as fol "�
otice ishe by g van
,on the. 24th day of October,1
41994,,at,7;00 P.M., the City
Council 'and the Planning1
:and Zoning Cemmhalolt.Ot
the :,,,City o[epearland
Brazoriaand " Narg.
"Amend Seotfon 3, addition -
of a definition fpr a;multl-
'tenant ground sign..
.Amend Aectlon 29.33,
•changing punctuation in.
that
__ct,•17 ay M
5u«,.valr: to ... *u ;. r a.
11
a9
U\L„,_
day of
Classified Director
Laura Ann Emmons
Amend Table Vii, excep M
Alone s to allow ground
At'said hearing all Interest--
i parties., shall have the
ght amid heard on the
V J,
Pet jos*.
Pity Seteta 47 tie
City of Pearland, Texas
EXHIBIT "A"
This document 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 amended.
Off-site builder/subdivision directional signs are currently allowed under Section
22.17(1) of the Land Use and Urban Development Ordinance No. 509, 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 propose 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 corridors 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
l
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 effected under this proposal.
Subdivision Directional Signs would be located within main corridors at key
intersections and decision points. These signs would 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 Permit is granted by the City Council. Extension or
renewal of the program would require approval of a new Specific Use Permit 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 1. Proposed Subdivision Directional Sign Locations, Size and Number
Sign Type (# of sides)
Community Entry (one-
sided)
Subdivision Directional
(two-sided)
New Home Information
(two-sided)
Location
SH288/FM518, North Main at
city limit, Dixie Farm Rd.. at
north city limit
Along major corridors
At businesses in corridors
Size Number
16'by32' 3
12' by 8' 16
4'by8' 10
* Note - Major corridors 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.
3
Builders, developers, the. City, the
Chamber and Clean Pearland
working together on problems:
✓Illegal "bandit" signs proliferating,
becoming ineffective and confusing for
potential homebuyers.
✓Pearland's appearance not that of a
"Master Planned Community. "
VNo Pearland area builders identity for
marketing in the greater Houston area.
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.
V Identifying information centers along
main corridors.
Pearland Area
Homebuilders and
Developers'
Subdivision Directional Signs Program
The Subdivision Directional Signs
Program promotes consistent
appearance and theme:
✓ In 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.
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 Farm Road near
northeast city limit.
✓ Entry sign on North Main Street (SH 35)
near north city limit.
I'VAR41,ANI)
t Vi't Orrk [ili,r��r
C vluuat 1'�trA
\c ei!t:'in Strk
information
\'t'xi i'
11111111.4111111116 41111111.411111111
Some potential Info. Centers are Busy Bee,
Shell stations, Race Trac and bank 24 hour
tellers
PEARLAN 1 )
A. Master .P'la tined Ci.w/,/it 3i iE v
Nett. ji Ittes etlrs c� lvtj�irafasr7iras: E e�tr1
AMIN ANNUM ANIMIIIIIMONIM14111111111110 41111111116=0111116
Proposed Subdivision Directional
Signs within main corridors (12' by
8', two-sided ground signs):
✓ Main corridors are FM 518, SH 288, SH
35, Dixie Farm Road, and future Oiler
Drive and Centennial Blvd.
✓ Only program directional signs would be
visible from main corridors.
✓ Total program signs limited to 16.
Proposed on-site "New Home
Information Center" signs (8' y 4',
two-sided ground signs):
✓ Only attractive, well-run businesses with
friendly employees would be designated
as Information Centers.
✓ The number of Information Center signs
would be limited to 10.
Information Center map brochure to be a
professional, full-color piece (front):
Information Center map brochure to list
subdivisions with price ranges (back):
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h1..wnw..
4. Cable:NNW
PEARLANL7
A M:tstrr Planned coaeme ify
Subdivisions & borne Guilders
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Next steps for the Subdivision
Directional Signs Program:
✓ Complete draft ordinance.
✓ Schedule and hold joint P&Z / City
Council Public Hearing.
✓Approval of ordinance or resolution.
✓Implement directional signs program.
Subdivision Directional Signs
Program details:
6/Builders & developers to pay all costs.
6/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.