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HomeMy WebLinkAbout01-19-1989 Regular MeetingMINUTES OF PLANNING & ZONING COMMISSION MEETING JANUARY 19, 1989 Members Present: Chairperson Janet Graves, Commissioners Charles Boyle, Eugene Edmonds, Lola Phillips, Inge Browder, Jack Gresham. Members Absent: Commissioner Bobby Blackwell. City Staff: Director of Community Development Joel H. Albrecht, Building Official Ervin Griffith, Inspector Mark Lewis, Community Development/Engineering Secretary Nina Browning, Assistant City Attorney John Armstrong. Others Present: None Chairperson Janet Graves called the meeting to order at 7:07 PM. 2) A motion was made by Eugene Edmonds and seconded by Inge Browder to approve the minutes of the December 15, 1988 meeting as submitted. Vote was unanimous. 3) NON-CONFORMING MOBILE HOMES LOCATED IN NEWLY ANNEXED AREA. Joel Albrecht told the commission the annexation of BayMUD placed temporary "R-1" zoning on all of the property annexed. Within a 180 days the City must approve permanent zoning. During this time (180 days) we need to hold Public Hearings before the Planning & Zoning Commission and City Council as required by law. Joel Albrecht stated that in a survey of the newly annexed BayMUD area, staff found forty-six (46) existing mobile homes. Of this total twenty-four (2~) are located on individual lots and the remainder are located in five (5) clustered areas which appear to function as mobile home parks. The mobile homes located on individual lots are to be treated as a non-conforming use and structure. The "parks" may not meet other requirements such as setbacks, density, etc; but, based on precedents set in previous annexations, these "parks" may be licensed as pre-existing non-conforming uses, this will allow the "parks" to continue to function while precluding any future expansion. Staff is requesting the Commission to consider a time frame during which owners can apply for a park license, rather than issuing licenses on an open ended basis. Staff recommends a thirty (30) day grace period during which existing parks may be licensed. After the expiration of the grace period, no further licenses would be issued. Planning & Zoning Me~ing • Minutes of 1-19-89 Page 2 of 3 •~ A motion was made b In a Browder to recommend the thirty (30) day Y g grace period for existing parks to be licensed as recommended by staff, seconded by Charles Boyle. Vote was unanimous. The thirty (30) days begin from the day of notification by the City of La Porte. 4. CONTINUED DISCUSSION OF PROPOSED SIGN•REGULATIONS Mr. Albrecht reviewed t signs with the Planning These cases are: (1) (2) (3) •hree recent court cases involving portable & Zoning Commission. Lindsey -VS- City of San Antonio, Huntsville Sign Rental -VS- City of Huntsville, Alabama, Harris County Outdoor Advertising Agency -VS- City of Houston. All of these cases upheld the cities prohibition of portable signs as well as a brief amortization period, the longest being 6 months. Mr. Albrecht went over with the Commission some amendments staff has proposed for the sign regulation ordinance. These include adding two definitions; (1) Public Service Signs and (2) Reader •. Panel. A section that deals with the removal of non-conforming portable signs (Section 10-1001), a section that regulates the number of on premise freestanding signs which may be placed on a given piece of property (Section 10-1002), section that places limits on maximum allowable sign size (Section 10-1003), section that would regulate survey and site plan requirements for sign permitting (Section 10-1004), Commercial Use Tables A & B - amended would regulate the placement of off premise public service signs, and Industrial Use Table B - will require a minimum three hundred (300') foot separation between any off premise signs. The Commission suggested the definition for "Portable Signs" be added to the definitions, ( a portable sign shall mean any sign designed or constructed to be easily moved from one location to another, including signs mounted upon or designed to be mounted upon a trailer, wheel carriage, or other non-motorized mobile structure. A portable sign which has the wheels removed shall still be considered a portable sign. The term non-electric portable sign shall mean any portable sign which does not have any electrical components). Mr. Albrecht suggested that La Porte utilize the definitions verbatim from the San Antonio sign ordinance because they had been court tested. He also suggested that the reasons for prohibition should be verbatim also for the same reasons. The Commission agreed to the suggestions. Amendments to Section 10-1001, Section 10-1002 were ok with the Commission. • .` i= Planning & Minutes of Page 3 of 3 Zoning Meeting 1-19-89 On Section 10-1003, allowable sign size, the Commission ask that staff get more information on sizing, etc. before any consideration to this section is recommended. This information is to be presented by the next meeting on January 26, 1989. Section 10-1004, Commercial Use Tables A & B, Industrial Use Table B amendments were ok with Commission. Mr. Albrecht informed the Commission that the Chamber of Commerce had been sent a letter and a timeline for the sign ordinance to keep them informed and up to date. Mr. Albrecht said he has received no input from the Chamber at this point. He told the Commission that he would provide them with a draft of the proposed sign ordinance to see if they have any comments. ~•- A motion was made by Jack Gresham and seconded by Charles Boyle to adjourn. The meeting adjourned at 8:40 PM. Next meeting scheduled for January 26, 1989. Respectfully submitted, Nina Browning, Secre ary Community Development/Engineering Minutes approved on the ~ ~ da of Y , r Jan t Graves, Chairperson Pl ning & Zoning Commission /neb 1-20-89 1989. , . NON-CONFORMING MOBILE HOMES 'f INTER OFFICE MEMORANDUM FRm1 : JANET GRAVES, CHAIRMAN, PLANNING & ZONING COMMISSION JOEL ALBRECHT, DIRECTOR OF COMMUNITY DEVELOPMENT TO: SUBJECT: NON-CONFORMING USES IN BAYMUD DATE: JANUARY 9, 1989 In surveying the newly annexed BAYHUD area, staff found approxlmately forty-six existing mobile homes. Of this total, approximately hlenty-four are locat.ed on inciividuc-l Jots. The reniainder are Jocated in fj.ve clustered ar'eas vJhicb appear' to funct:i on as nlobi,le hon1e parks. rIhile it is clear trJat n'lobUe honles located on individual lots are each to be treated as a nonconforming use and structure, staff is seeking guidance from the Commission regarding licensing of the potential mobile home parks. Ordinance f/811 (Mobile Home License) defines a mobile home park as a lot or tract of property containing two or more mobile home spaces. While these "parks" may not meet other requirements such as setbacks, density, etc. j based on precedents set in previous annexatj.ons, these parIes may be licerised. Si,nce the parks are existing, a rezoning to Manufactured Houslng is not neccessary. They may be 1 icensed as pre-existing non-conforming uses. This will allo\II these establishments to continue to function whi.le precluding any future expansion. Staff J.s requesting the Conlmisison to consider a time frame during which owners can apply for a park license, rather than issuing liceses on an open ended basis. Staff recommends a thirty day grace period during which existing parks may be licensed. After the expirat ion of the grace per i od, no further 1 icenses would be :if,~\led. A copy of Ord inance #811 j E: c,t tached to t.hi s n'emo for' your rev ie\~ . CC: Planning & Zoning Commission Members I ~E ~ ~ -~I -5 ~.--;- ~"7110\~~ II BAYSIDE I i 'f I; >-. ~ "\s \i ~ ~ ~ \ ~ ~ \ \\ \\\ \\\ I \\ - ~ ~ \.\ 4 '\\ "~~~ (1)1 ~ , '~ 2C II.. 21 3 4 ~~ I 23 ~~ ;::t 21 24 \\ ~ I 22 ~~ ~ .-~ ~~~ ~ '~.A ~ , <S> ~Oc:. \ ~" ''9 \,"'.,L. :\ I" :bli"' ~ !-..i :- -t-'", '21 Y \. \ .}! ,. ',. \ \ r :.. ~ ,\ \ \ I ~ & '. ... .' "'. .. 3 CRESCENTVIEW 1..1 4 2 OIS 34 -- 33 r.... ~? , , . , - , y. 35 ." I : , - ,. PINE BLUFF 3e .J. ::' :i.~ , -, ,. ''1 . , S RE I'; It' I" 1 I j : :" "1'- : I . 37 IF .? ':~J'l t' ........-.. .:- .... 21, 22 22 I", I... 1- :., !\ 'y : : ! ! 12 II 12 2 ..~ ., (II ~ IA Vl ..J cr: < u 12 II 12 " DRIVE I I' ,1,'&) I 24 , H I 2 TIS : : . r.... :;, _~~I 413 .;~. J ~( I ~b~220 5. ~ . , j 16 I~ 23 N ~ FALK AVE. ,--- 10) II""'" ~ . " 13 . - 4 - - ::....- - ,6/, /, I' I I I., 6 , \~ DWIRE DRIVE @tEB'," ~' .~,~;! '~', f:. - ~. ~ .# - .'i>t:-'f '. . 16 ~.'., ~ II ..., 10 . BAY OAKS DRIVE ,~I I. - I 0 It) . /3 - 20 cr: I ;:) 11. Vl 20 >- < ~ ::I: C:>\ :z: LA PIlI;T( '''G. 5C"OCI. V 1(. ,~4 O'ST. I 24 /\ :-, j,":' o cr: o II.. cr: lU 17 ~ < "" -~ -,- I ~ .7 13 12 13 '-7 I I '" I 16j DWIRE 12 - w 13 BAt ~AKS- 4 I II I ...-O.STRICT BOUNDARY I' CITV_ -- LIMITS lJ 34 , ..- Vl ILl cr: ,- 0' ~:i )C ~ 2 fAIRFIE' y .. ~JI! 'fJ .,',,})W Individual Mobile Homes .1 Possible Mobile Home Parks "'EADO\ 11 I I I I . /I FO RES T FOREST I I I I \. I k- t 19 I~ II-, 4 I... 1 ,!> :lE~ ~\. ~, ,'!I , ~ ~\ ~ " 10 I r I~ I .1, ~ Ell1JJIITIY CRIVE I I I 1"1 ~\ 12 13 I 12,\' , ~ ~ 111 IIIIJ-MIII ~"r;, / I I) IQ J \. t[\ J ! '-- AVE, ~I~ /~~ i~ I C:-, \ , ~2 AV . .. SIGN REGULATIONS I rnEp. OFFICE HEHORArmUrl TO: JANET GRAVES, CHAIRMAN, PLANNING & ZONING COMMISSION FHO!Jj: JOEL ALBRECHT, DIRECTOR OF COMMUNITY DEVELOPMENT SUBJECT: PROPOSED SIGN REGULATION AMEKDNENT DATE: JANUARY 10, 1989 ~.ta ff has pr'oposed amendments which have been attached to this memo for the an:endments a re as follows. a ser'ies prepared in Conimission f s of sj gn regulation ordinance form and consideration. These I. P-~fjJ1J t j on Two new definitions are propo~ed. A. Pub]ic Service Siens B. Reader Panel 11. Sect t9JL 1.k_-_1QQJ T his see t i. (> 11 de 8 J S \J j t t, nOl'-C (ll'! fon:::i r'e pc r' tc: bJ e f. j el:~; . tt'E; r e Ii G V c! J. of III. ;:.~(:!.;_(:l~_J 0-1 002 This sectjoll reevJ ote~; tI-'e nvn:ber of 011 pl'er"i~,e f r e e ~ t <:< n d j n e s j ens w h :i ell r" (0 y be p J. ace d c n c: e i ve n p j ec e (,f r lopert y . If>f.ve~: a cd l'e ssed j tiC 1 ud e st'opp:irl(:. (:ellter'~, and n'llJt.jple buj_lcjr,(:.~; J.ocoted on a ~:.ieJe t.ract such as is con,r"on ,,,itI") aut.o dealersh:jp~ . IV. ~E:Qt.)_(~1..'._J_Q_::.1 00:1 This sect:i.on pJ8cec' Ijn:jt~; (,n rraxjnufr' c;lloHable s j. e; n ~; j 2 e. S t a f f t c ~ 1'1 C t. yet j 1'1 S e r t e d any fie u res jnto thj~ sectjon. We have rather done a survey of eleven (11) existjne signs in the city. The s e s i ens we r e c h 0 s e n 8 sty P j. Co] e x C1 n pIe s 0 f the types of siBnage com~only located within the City. Photographs of each of these siens will be CJV8 j lc:bJe for the Cornmission' S r'ev iew durjne the January 19, 1989 meeting. Si UI~, Jocatec1 oukdde tl"Je Cantr'o] led Access COf'!jc!or )-ct!(.E~ fr'or tl',e three r'VIl(1)E;(; cn~(1 sevent.y (~7(:) ;'qv(1)(: feet. FjfCbf.:I-'::; ~;:'Ll' JcccdH~ ot F8:incTt l-.- Er-c,:ci\,CJY to tl-,€ appr'ox:ir,'c:tf ~-eVE:n (7) s q u 8 ref {': e t. K j j b 1 e r Law 0 f f j c e E. j () I J 0 C ('I t e d (0 n South Er08dw8Y. Tbe averaee sje~ s5ze) hased on the e J E': V ens i e r: ~ ~ t r v E= ~i e (i :i S 0 ~ e bun d 1'- e d and n j r- E: (1 09 ) f..;Q tJ<J roe fe e t . The s u r- v e y (I f s:i L n s I 0 cat e d Vl i t b j n t rl e C (l r: t r (; 11 E'd Access Corridor includes five (5) signs. These five (5) SjSl:::" h'e)'e chc:.,en as t.ypicc'] eXeJ\'(:p]es of e :( ~ :;1. :; I 'LL 2 Fer- t e ~, :i g;rICl g e . en e 0 f the f j ve- (5) signs incJuded in staff's survey is the proposed Whatabureer sign. Altbough not yet installed, perrnits for the er'ection of this sign have been issued. Inforrl':ation r-egarc1i_ng this sign was taken from the Whataburger construction plans. Photographs of the signs included in thi s survey wi]] he available for the Commission's review c1 v I' i r, e t b e J a n u a 1'- Y 1 9, 1 9 89 rr: e e t l n g. F 0 u r ( l~ ) are &j~D8 wh1ch ar'e over forty-five (45) feet in f:e:i LI'lt. The fClur-'cr, j f; CJ [IVJ 1..:i -rf:c-:cer pn,E:] f.;}':cppinr::; cerlter- :itlE'ntjfj_c8t:ion sien. Tl"Je ::r1oppjng center- ::.:,jen c(jrltc::jn~; t.hree bundr-eci (;rl(i forty tFO (342) s q II a 1" e fee t (I f rea del' pan e l. T b e 0 the r f 0 U r s i g r: ~ aver..; ge 1:\<]0 hvrJd red and thel ve (212) r,qve re feet tc:cl", . At this tjrne, tl-:ere j s not 8 \,,-ide select.i on of p lJ b] j c s e rv j c e s jel'l s 1 (I cat e din t I": E' C j t. y to be fvrveyed. The proposal listed in Commercial Use Tab] e Esp e c ~l f 1 e san, 8 x j rl'v Ii i lw j L h t 0 f e:j e fi tee 11 (1 8 ) feet. Thjs is equal to the height of "GUS", the La Por'te State Eank Bien Iocated at the HcDonald' s site. GUS has a total reader panel area of sixty-seven (67) square feet. The other public se I-V ice s i en sta ff cons i der-ed is tbe Chamber of C(;I'i,nierCe sierl located on Highway 146. This sign is eleven (11) feet tall and bas a total reader panel elt-ea of one tH.Jt!dred and four (104) square feet. :;:-t.2ff ~;lJceef,t:: VI::ir1e. an 8[Jrcrox:ir:&t:ic>r! of tr,e cIVFtc-[.P exn:t.J\':g t;:iLI: ~;:i:-',(~S f(Jr- deter'r::ir;jl'g rilcl}~j_r"tJ\'" [;J J (~t;f:l~J f' ~~ j 7E~. ,. J . ~r-ct j cr~__J C_-JJ~_Q!~ Thi s sect :i,on wotJ J d r-Ee g,v J a t.e UJ rve J' ,:;r;o ~'1 te pI an t'E'cltdr'e\'oleI,ts for- sign per'\'iljttinE.. VI. Lo_n.!n.'~r.c5-'.~L.U_~lE: _:rf:J:21~Lj;. t, f. These tables Cl~; O\'!I\'llencle(i Hovld r-eeulatc tl",e p] c c en I E'~ n t 0 f (l f f pre Ii' j S e p tJ b J j C s e r- v j c e s j r::; n s. The fjve r.t;r;(red (500) foot sepeI'ati.on bet-Heet! sjgn~ " \>jOllJci jn;pc~e 0 Jjrjt. of tl(; r,ol'e t.t2tl one sj,gn [Jer h] (> c k . VII. Ir (l,~;t).,~~]. .'-~::~_J_C!.I:.-J f_ E, Under current sign regulations, there are two ~,ec t j ens 0 f P r'ope r't y ad j a c etl t. to s j xteenU; s t r'eet (between Hest Polk and Earbour t s Cut c;t!c) between v[ est t: 1\.'1 ~; t r' e eta n d Fa i r Tn 0 n t Par k \1 a y ) 0 n VI b j c h 0 f f pre r;d, s e s i g n s rn a y bel 0 cat e d . The sea r e the 0 n 1 y sect] ons of the City in which ploceri'ent. of off prendse advertising signs is not r'eguJcteci by the State of Texas. As a~ended TabJe 13 will require a rl:',n:"r,tJ[d thr-ee hundreci (300) foot ~'(;pc'r'c:t.jon betHeen cltlJ e.ff rrf'r::::.;E'! ::.;jE,1::: \-,'tjefi n:iLl':1. be Jelc81.(,'c) :irl eithet' of ttese areas. The three h~ndred (300)-foot. Sf'pcl"8tjer: t;peejfjeci bJ, t.ki~~ f:('ctiot! tr'ack::.~ tl"e sigr. ~ipach'e requjr'en:ents of stc!te Ja\,.j and the Federal Hiehway Eeautification Act. St.ciff cpr'r'ec [jte~ the Cornr,.issiorl'::'; cOll::.dc1er'ation of ttds project anel \-'ould \ole corne any acidit5or!3J input regar'ciing these r'eeu]C:Jtjons. : DEFINITIONS Public Service Sign: For the purposes of this ordinance, the following types of signs and no others shall be considered to be public service signs. 1. Signs identifying and naming the location of churches, schools and other non-profit organizations; 2. Signs identifying and naming the location of public facilities; and 3. Community information signs which provide information regarding community functions and activities. Signs which display commercial advertising in conjunction with public service information shall not be considered to be public service signs except that a person, firm, or organization who donates or otherwise provides a public service sign may be identified on such sign in a means which is clearly incidental to the primary message. Reader Panel: Any and all portions of any sign on which text, graphics or pictures are displayed. In the case of double faced reader panels, only one side shall be considered in the calculation of sign size. .. PROPOSED SIGN REGULATION AMENDMENTS Section 10-1001 Non-Conforming Portable Signs Portable signs as defined herein, found to be nonconforming shall within one calendar year of the date of passage of this Ordinance, be brought into conformance with ordinance requirements or be removed. Section 10-1002 Number of Signs The number of signs which may be permitted for a given location shall be regulated as follows: 1. These regulations shall apply to freestanding signs only. 2. Multiple reader panels ~ounted on a single base shall be considered to be a single sign. 3. A maximum of one advertising freestanding sign shall be permitted for each side of a commercial or industrial establishment which fronts on a developed right of way. 4. For the purposes of this section, a multi-tenant building shall be considered to be a single establishment and shall be limited to one freestanding advertising sign for each side of the building which fronts on a developed right of way. 5. Separate buildings located on a single piece of property may be considered to be separate business establishments with each building being eligible for freestanding advertising signage in accordance with these regulations. 6. The number of on premise freestanding non-advertising signs intended to direct traffic and not exceeding six (6) square feet in size shall not be limited by this section. Proposed Sign Ordinance Page 2 Section 10-1001 Size Restrictions Calculation of sign size shall be based on the area of the reader panel(s). Maximum sign size shall be limited as follows. 1. Freestanding on premise signs with a maximum allowable height of forty-five (45) feet: square feet. 2. Freestanding on premise signs located within a controlled access highway corridor: square feet. 3. Off premise Public Service Signs: square feet. Section 10-1004 Survey & Site Plan Requirements Any person desiring to erect or place a freestanding sign on any property, shall subDit to the Code Enforcement Office a survey of said property which indicates the proposed sign location. In the case of signs which due to size or height do not require an engineered design, a survey shall not be required. Any person desiring to erect or place a freestanding sign of this type on any property, shall submit to the Code Enforcement Office a site plan of said property on which the proposed sign location is indicated. 'I " I . . Section 10-1000 Interim Sign Regulations, Con't... Page 2 COMMERCIAL USE TABLE A USES ( SIC CODE If) ZONES CR NC GC Freestanding On Premise Signs P P Freestanding Off Premise Public Service Signs Spaced In Intervals of Not Less Than 500 Feet * P COMMERCIAL USE TABLE B Uses (5) Min. Land- scaping Rea. Max. Lot Cov. ( 1 ,3, 4 , 6 ) Min. Yard Setbacks F. R. S. (2,6) Adj. to Res. Min. Yard Setback F. R. S. Max. Height Freestanding On Premise Signs N/A N/A 0-0-0 0-5-5 45 Ft. Freestanding Off Premise Public Service Signs N/A N/A 0-0-0 0-5-5 18 FT. Footnote: 6. No sign shall be located in sight triangle so as to obstruct traffic visibility at a level between three feet (3') and six feet (6') as measured above adjacent road grade. . . . , Section 10-1000 Interim Sign Regulations Con't... Paee 3 INDUSTRIAL USE TABLE A __~.l!.0.f s __(lU~_c:_.c_QD F. _ JLt ___~______.___ _____ ______ ___ ~______ t:.9_N.~;:; ___ B-I L-I H-I On Premise Freestanding Signs P P P Off Premise Freestanding Signs * P P INDUSTnIAL USE TABLE B (2,5) (1,3,5,6) Adj. to (4) Minimum Resid. Minimum Maximum Yard Min. Yard Landscaping Lot Setback Setback Kax. - -JI~~~-------l'&Q,"Ltr:ElJI'~lLt:L-_..c:..c~'L~rE..c~_____[~_.R..___S...______F_._ J~ ~_..!-~:.."-___ Ite i ght On & Off Premise Freestanding Signs N/A N/A 0-0-0 0-5-5 45 Ft. .E9 ..9J~~_r (> t. e : 5. No sign shall be located in a required s1Eht traingle in such a ~anner as to obstruct traffic visibility at a level between three feet (3') End six feet (6') as measured above adjacent road grade. 6. All off premise freestanding advertising shall be spaced in intervals of not less than three hundred (300) feet.