1997-12-22 Public Hearing and Regular Meeting of City Council

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REQuttr FOR CITY COUNCIL AG&A ITEM Agenda Date Requested: December 22, 1997 Requested By: Guy Rankin ~ Department: Planning x Report Resolution Ordinance Exhibits: 1. Proposed Temporary Sign Regulations 2. Material previously forwarded to City Council a. Memo from Raben Herrera dated 11-19-97 b. Memo from Guy Rankin dated 11-3-97 c. Letter from Planning & Zoning Commission dated 9-12-97 d. Planning & Zoning Minutes of 9-11-97 SummaI}' & Recommendation On June 2, 1997, two area home builders, addressed the City Council and explained the difficulty that builders are having bringing in new homebuyers. The builders believe the decline in new homebuyer traffic is a direct result of the City's sign regulations, which prohibit the use of directional signs to matket subdivisions (no signs, regardless of their content, are currently allowed within the City's right-of-way). Note: The number of residential units being built in La Porte has increased every year for the past five years. (homes built in 1994: 143, 1995: 154, 1996: 186, & 1997: 199.) The City Manager, on behalf of City COWlcil, submitted a letter dated June 30, 1997, to the Planning and Zoning Commission. In his letter, Mr. Herrera conveyed City Council's request of the Planning and Zoning Commission to provide a recommendation to the CoWlcil regarding the use, placement, number and pennitting of temporary advertising signs on weekends, within the City of La Porte. A response from the Commission was requested within 90 days. The Planning and Zoning Commission held a public hearing on the matter on August 21, 1997. No citizens were present for comment at that meeting and no homebuilders addressed the Commission.. After discussions, the Commission mutually agreed that it would be unfair to open the City's rights-of-way to signage for marketing subdivisions, without regard to other types of businesses that may want an opportunity to advertise in the same marmer. Legal Counsel infonned the Commission of new State legislation that gives municipalities the authority to approve, by ordinance, of signage within their rights-of-way. However, if the municipality chooses not to allow signs in the right-of-way, and signs are found to be there, the City may ticket the owner, since it is now considered a criminal act to place a sign in the right-of-way without first receiving the City's approval. The Planning and Zoning Commission directed staff to prepare an amendment to the Zoning Onlinance regarding temporary signs with no exclusions as to the content of the sign. The proposed ordinance change was fonvarded to the Chamber of Commerce Small BusineSs Committee. (please note that several small businesses are concerned that the ordinance will be amended. The current ordinance is in line with some of the committee's beliefs and they feel that no change to the ordinance is needed.) The Commission met for a Special Called Meeting on September 11, 1997, to consider a recommendation to Council on this matter. A motion was made to approve the proposed amendment with the changes discussed during the meeting and fonvard it to City Council. The motion passed by a majority vote of all members present (5-1), with ChaiIperson Waters being the only member opposed. There is, however, concern among Commission Members that this proposed change to the City's sign regulations is not practical, difficult to monitor and enforce, and will not provide a viable solution for businesses who are looking to advertise in this manner. The proposed amendment to the Zoning Ordinance that was fonvarded by the Planning & Zoning Commission follows this report.