HomeMy WebLinkAbout02-23-1989 Public Hearing and Regular Meeting® MINUTES OF
PLANNING & ZONING COMMISSION MEETING
~~ PUBLIC HEARING
FEBRUARY 23, 19$9
Members Present: Chairperson Janet Graves, Commissioners Charlie
Boyle, Jack Gresham, Eugene Edmonds, Inge Browder.
Members Absent: Commissioners Bobby Blackwell, Lola Phillips
City Staff: Director of Community Development Joel H. Albrecht,
Building Official Ervin Griffith, Community
Development/Engineering Secretary Nina Browning,
Assistant City Attorney John Armstrong.
Others Present: Councilman Mike C`ooper', Russell Ybarra, Jessie
Garcia, Jodie Seeger, Jimmie Spradling, John Paul
Zemanek, Fred Beck and 4 other citizens.
•
1) Chairperson Janet Graves called the meeting to order at 7:00 PM.
2) A motion was made by Inge Browder and seconded by Eugene Edmonds
to approve the minutes of the February 2, 1989 meeting as
presented. Vote was unanimous.
3) Chairperson Janet Graves called the• Public Hearing to order at
7:03 PM, regarding the proposed sign regulation amendments to
Ordinance No. 1501.
Mrs. Graves gave some history on the sign ordinance to the
citizens attending the Public Hearing for their information. On
August 20, 1987, was the first time the issue was brought up to
the Planning and Zoning Commission and it was requested by City
Council that the Commission initiate a study and a draft of a sign
ordinance. November 15th, there was a Public Hearing, which got
some opposition to the sign ordinance and we did not take it to
City Council. On February 11, 1888 we passed an interim sign
ordinance, which is what we have been functioning under ever
since. April 21, 1988, a comprehensive sign ordinance was stated
as a goal to be studied and a draft made of the sign ordinance.
,~ That brings us up to date with the Public Hearing being held
tonight.
Planning & Zoning Meetin~ •
Minutes of February 23, 1989
Page 2 of 3
• At this point in the Hearing Mrs. Graves open the floor for
comments. Mr. Joel Albrecht of the City staff was the first to
speak on the sign ordinance. Mr. Albrecht briefly went through
the sign ordinance as it will be proposed to the City Council
(Exhibit D) attached.
PROPONENTS
Jodie Seeger, 10816 Idlewood Court, La Porte, Texas
President - Fairmont Park East Homeowners Association
She stated that the Homeowners strive to keep a neat and orderly
subdivision and they find that the appearance of the area in the
subdivision or the city attracts the new businesses and home
owners. We feel that this ordinance would definitely have an
impact and because of this we are in favor of the sign ordinance.
Jimmie Spradling, 3302 Valleybrook, La Porte,
Represents the Fairmont Park Home Association
He told the Commission that they are in favor
and think it will do a lot to clean up the
intersections safer. Mr: Spradling had a
people putting signs on utility poles, etc.
like to see some type of ordinance preventing
of signs.
Texas
of a sign ordinance
city and make the
request concerning
He said they would
this type of posting
Letter from Doug Latimer was read into the record by Chairperson
Janet Graves. (See attached). In Mr. Latimer~s letter he had two
questions of concern (1) Does the City staff have the means to
enforce the ordinance on a day to day basis? (2) Section 10-1004.
Will a business that can show where the corners of its property
are located be required to pay to have a professional survey made?
Mr. Albrecht replied to these as follows: ( 1 ) yes, the City will
be able to enforce this ordinance on a day to day basis, (2) We do
require a survey, but we will accept the survey that was done when
the person brought the property if they can show where the
property pins are in the ground and the sign will be placed in
relationship to the building/structure. If they do not have this
then they will have to get a survey.
OPPONENTS
No one spoke against.
At this time, Chairperson Graves asked if there was anyone who
wants to make any comments concerning the sign ordinance. Mr.
John Paul Zamenek asked how much it would cost to have a surveyor
come out and' make a survey. He was also questioning if the
,. Chamber's signs out in front of their office would have to be
removed or would they have to have a survey done. Mr. Zamenek
stated that these signs had been there for several years.
Planning & Zoning Meetir~
Minutes of February 23, 1989
Page 3 of 3
• Mr. Albrecht stated that the reason for the requirement of the
survey was to assure our Code Enforcement office that the sign to
be placed on the property will in fact be placed on the property
and does not encroach on a right-of-way or easement.
4) CLOSE PUBLIC HEARING - 7:40 PM
5) A motion was made by Eugene Edmonds and seconded by Inge Browder
that we accept the ordinance and recommend to City Council for
approval. Vote was unanimous.
6) There being no further business a motion was made by Charles Boyle
and seconded by Jack Gresham to adjourn. Meeting adjourned at
7:41 PM.
No date for next meeting was set.
Respectfully submitted,
Gc/
Nina Browning, Secretary
Community Development/Engineering
Minutes approved on the ~~ day of 1889.
~~~
Jane Graves, Chairperson
Plann ng & Zoning Commission
/neb
:/24/89
PROPOSED SIGN REGULATIO~
Inter-Office Memorandum
TO:
F RO M :
Janet Graves, Chairman, Planning & Zoning Commission
Joel Albrecht, Director of Community Development
SUBJECT: Proposed Sign Regul at ion Amendments to Section 10-1000
of City Ordinance.
Attached is a draft, in ordinance form, of the proposed sign
regulation amendments discussed and agreed upon by the Commission
du ring the cou rse of the Decembe r 15, 1988, Janua ry 19 and
February 2, 1989 Regular Meetings.
An outline of proposed ordinance provisions follows:
I. Adoption Ordinance Section 10 contains the intent and
purpose language adapted from the City of San Antonio
Sign Regulation Ordinance.
II. Article III contains the following new definitions:
A. Freestanding Sign
B. Political Sign
C. Portable Sign
D. Public Service Sign
E. Re ad e r Panel
III. Section 10-1001 deals with portable and political signs
A.
pa rag raph 1 deal s wi th
non-conforming portable signs.
the
removal
of
B. pa rag raph 2 deal s wi th ancho ring requ i rements fo r
portable signs.
.--
C. Paragraph 3 deals with requirements for electrical
illumination of portable signs.
D. Paragraph 4 regulates political signs.
IV. Section 10-1002 regulates the number of on-premise
freestanding signs which may be permitted for a given
business location.
Page 2
A. Paragraph 1 limits the scope of regulation to
freestanding signs.
B. Paragraph 2 addresses multiple reader panel's
mounted on a single sign base.
C. Pa rag raph 3 regul ates the numbe r of freestand ing
advertising signs which may be permitted for a
location based on street frontage.
D.' Pa rag raph 4 deal s wi th on-p remise freestanding
signage for multi-tenant buildings.
E.
Pa rag raph 5
signage for
building.
deals with on-premise freestanding
tracts containing more than one
F. Paragraph 6 exempts on-premise directional signs
from the above regulations.
V. Section 10-1003 regulates the maximum allowable size of
signs according to class of sign and location.
VI. Section 10-1004 exempts certain signs from survey
requirements.
VII. Commercial and Industrial Use Tables A & B place the
regulations discussed above into the standard table
format used through out Ordinance #1501.
This sign regulation has been assembled by the City
Attorney's office and reviewed for compliance with Supreme Court
guidelines set forth in the case of Jay Lindsey dba Mac
Advertising Company vs. City of San Antonio. The regulations, as
proposed, appear to be in substantial compliance with these
guidelines, some consideration may however, be in order regarding
the placement of off-premise portable signs in Light and Heavy
Industrial zones. In order to more fully comply wi th court
guidelines, it may be advisable to extend the ban on off-premise
portable signs to these zones as well.
Staff would like to thank the Commission for their effort in
developing this ordinance and as always, we stand ready to assist
the Commission to the best of our abilities.
--
ORDINANCE NO. 1501-
AN ORDINANCE AMENDING ARTICLE III, DEFINITIONS, OF ORDINANCE NO. 1501,
THE CITY OF LA PORTE ZONING ORDINANCE; AMENDING SECTION 10-1000;
PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL
BE DEEMED GUILTY OF A MISDEMEANOR AND SHALL UPON CONVICTION BE FINED A
SUM OF NOT MORE THAN ONE THOUSAND DOLLARS ($1,000.00) FOR EACH
VIOLATION; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING A
SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE HEREOF.
WHEREAS, The
City of La Porte has existing "Interim Sign
Regulations" as a part of Ordinance No. 1501; and
WHEREAS, at the time
of adoption
of said
"Interim Sign
Regulations" the Planning and Zoning Commission and the City Council of
the City of La Porte deemed it advisable to review said "Interim Sign
Regulations" and consider making said sign regulations permanent,
together with additions to said sign regulations; and
WHEREAS, the City Council of the City of La Porte, based upon the
recommendation of the Planning and Zoning Commission of the City of La
Porte finds that it is desirable to regulate portable signs, political
signs, and the placement, size, and area of permanent sign structures;
now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF LA PORTE:
Section 1. The City Council of the City of La Porte, based upon
the study recommendation of the Planning and Zoning Commission of the
City of La Porte hereby finds, determines and declares that the
regulation of future placement of portable signs is desired because
portable signs are not consistent with the aesthetic values of the City
of La Porte, and because portable signs present unique safety problems.
The City Council of the City of La Porte further finds that the
light weight design and easy mobility of portable signs, together with
their frequent use in conjunction with electrical components creates a
potential for extraoFdinary safety hazards.
Portable signs are found
to be often placed in close proximity to public rights of way in order
to optimally attract the attention of motorists.
Such placement
creates visual obstruction of on-corning pedestrian and vehicular
traffic for motorists ingressing and egressing from a place of
business. Portable signs also have had a tendency to be blown about In
strong winds. Portable signs with electrical connections and
, Page 2
Ordinance 1501-
components, if improperly maintained, pose a serious public safety
hazard.
It is deemed necessary that the permitting of portable signs is
required by the City of La Porte in order to prevent especially
hazardous conditions and to promote to the fullest extent possible
their proper operation and maintenance, and to further promote the
aesthetic values of the City of La Porte and to preserve the health,
safety and welfare of the citizens of and visitors to the City of La
Porte.
Section 2. The City Council of the City of La Porte hereby finds,
determines
and
declares
that
heretofore,
to-wit,
on
the
, at 7:00 p.m., a public hearing was held
before the Planning and Zoning Commission of the City of La Porte,
Texas, pursuant to due notice, to consider the question of the possible
amendment of the Zoning Ordinance as herein described. There is
attached to this Ordinance as Exhibit "A", and incorporated by
reference herein and made a part hereof for all purposes, the
\
publisher's affidavit of publication of notice of said hearing.
Section 3. Subsequent to such public hearing, the City of La
Porte Planning and Zoning Commission met in regular session on
at 7:00 p.m., to consider the Ordinance amendments
which were the subject of such public hearing. The City Council of the
City of La Porte is in receipt of the written recommendations of the
City of La Porte Planning and Zoning Commission, by letter dated
a true copy of which letter is attached hereto as
Exhibit "8", and incorporated by reference herein, and made part hereof
for all purposes.
Section 4. The City Council of the City of La Porte hereby finds,~~
determines and declares that on the
, a
public hearing was held before the City Council of the City of La
Porte, Texas, pursuant to due notice, to consider the recommendation of
the City of La Porte Planning and Zoning Commission. There is attached
to this Ordinance as Exhibit "C", and incorporated by reference herein
and made a part hereof for all purposes, the publisher's affidavit of
Ordinance 1501-
, Page 3
publication of notice of said public hearing for the City Council of
the City of La Porte.
Section 5. The City council of the City of La Porte hereby finds,
determines and declares that all prerequisites of law and Ordinance
have been satisfied, and hereby determines and declares that the
amendments to the City of La Porte Ordinance No. 1501, the Zoning
Ordinance of the City of La Porte, are desirable and in~furtherance of
the goals and objectives stated in the City of La Porte's comprehensive
plan.
Section 6. Article III, Definitions, Article X, Section 10-1000
et seq Sign Regulations of the Zoning Ordinance of the City of La Porte
is hereby amended, to read in accordance with the Zoning Regulations
established on Exhibit D.
Section 7. Any person, as defined in Section 1.02(27) Texas Penal
Code, who shall violate any provision of this Ordinance, shall be
deemed guilty of a misdemeanor and upon conviction shall be punished by
a fine not to exceed One Thousand Dollars ($1,000.00). Each day a
violation of this ordinance shall continue shall constitute a separate
violation.
Section 8. If any section, sentence, phrase, clause, or any part
of any section, sentence, phrase, or clause, of this Ordinance shall,
for any reason, be held invalid, such invalidity shall not affect the
remaining portions of this Ordinance, it is hereby declared to be the
intention of the City of Council to have passed each section, sentence,
phrase, or clause, or part thereof, irrespective of the fact that any
other section, sentence, phrase, or clause, or part thereof, may be
declared invalid.
Section 9. The City Council officially finds, determines, recites
and declares that a sufficient written notice of the date, hour, place
and subject of this meeting of the City Council was posted at a place
convenient to the public at the City Hall of the city for the time
required by law preceding this meeting, as required by the Open
Meetings Law, Article 6252-17, Texas Revised Ordinance No. Civil
Statutes Annotated; and that this meeting has been open to the public
Ordinance 1501-
, Page 4
as required by law at all times during which this ordinance and the
subject matter thereof has been discussed, considered and formally
acted upon.
The City Council further ratifies, approves and confirms
such written notice and the contents and posting thereof.
Section 10. This Ordinance shall become effective fourteen (14)
days
after its passage and approval. The City Secretary shall give
notice to the passage of the notice by causing the ~_
caption to be published in the official newspaper of the City of La
Porte at least twice within ten (10) days after the passage of the
Ordinance.
PASSED AND APPROVED THIS THE
DAY OF
, 1989.
CITY OF LA PORTE
By:
NORMAN MALONE, Mayor
ATTEST:
By:
CHERIE BLACK, City Secretary
APPROVED:
By:
JOHN D. ARMSTRONG,
Assistant City Attorney
ARTICLE III,
DEFINITIONS
Freestanding Sign: An outdoor sign supported by uprights or
braces placed in or upon the ground, or mounted on a vehicle,
trailer, or mobile structure principally used for the purpose of
advertising or display of information. For the purpose of this
ordinance, a portable sign shall be considered to be a
freestanding sign.
Political Sign: A temporary sign announcing, supporting or
opposing political candidates, dates or issues in connection with
any national, state or local election.
Portable Sign: A sign designed or constructed to be easily moved
from one location to another, including signs mounted upon or or
designed to be Dounted on a trailer, wheeled carrier, or other
non motorized mobile structure. A portable sign which has its
wheels removed shall still be considered a portable sign.
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 siBn may be
identified on such sign in a means which is clearly incidental to
the priDary Dessage.
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
calc.ulation of sign size.
EXllIBIT D
Section 10-1001
Portable Signs
1.
Portable signs as defined herein,
nonconforming shall within one calendar
date of passage of this Ordinance, be
conformance with ordinance requirements or
found to be
year of the
brought into
be removed.
2. Por ta ble ,s igns shall be secure ly anchored in a manne r
which will prevent their being blown about by strong
winds. The method of anchoring shall comply with the
requirement of Chapter 12 of the current adopted
edition of the Standard Building Code.
3.
Portable signs
provided:
may
be
electrically illuminated,
A. They are wired and connected to electrical power
in a manner that complies with the current adopted
edition of the National Electric Code and the City
of La Porte Electrical Ordinance.
B. Illumination is steady. No flashing or moving
lights shall be placed on any portable sign placed
within the City of La Porte.
4. Temporary political signs placed for the duration of an
election campaign shall not be subject to the
requirements of this ordinance except that:
A.
No political sign shall be placed
triangle or in a manner which
create a traffic hazard.
within a sight
will otherwise
B. All portable signs used for political advertising
shall be anchored in manner which will prevent
their being blown about by a strong wind.
C. All political signs shall be removed no later than
15 days after the election for which they were
placed. In the case of run-off elections,
political signs may remain in place no longer than
15 days following the run-off.
EXHIBIT D
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 mounted 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.
Section 10-1003
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: one hundred fifty
(150) square feet.
2. Freestanding on-premise signs located within a
controlled access highway corridor, with a maximum
allowable height of sixty-five (65) feet: three
hundred (300) square feet.
3. Freestanding on-premise signs for multi-tenant
buildings, whether located within or outside the
boundaries of a controlled access highway corridor:
three hundred fifty (350) square feet.
4. Off-premise Public Service Signs: seventy-five (75)
square feet.
EXHIBIT D
Section 10-1004
Survey & Site Plan Requirements
Any person desiring to erect or place a freestanding sign on
any property, shall submit 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
in indicated.
EXHIBIT D
USES (SIC CODE U)
COMMERCIAL USE TABLE A
CR
Freestanding On Premise Signs
Freestanding Ofr Premise
Public Service Signs Spaced
In Intervals of Not Less Than
500 Feet
Uses
Freestanding
On Premise
Signs
Freestanding
On Premise
Signs Located
In Controlled
Access Highway
Corridors
(5)
Min.
Land-
scaping
Reo.
N/A
N/A
Freestanding
On Premise
Advertising
Signs for Multi
Tenant Buildings N/A
COMMERCIAL USE TABLE B
Hax.
Sign
Area
(1,3,4,6)
Min.
Yard
Setbacks
F. R. S.
150 Sq. Ft.
0-0-0
300 Sq. Ft. 0-0-0
350 Sq. Ft. 0-0-0
EXHIBIT D
-_.._-_.._-~---,-_."--~~--_..........~---'.~~-"-~~
ZONES
NC
P
*
(2,6)
Adj. to
Res.
Min. Yard
Setback
F. R. S.
0-5-5
0-5-5
0-5-5
GC
P
P
Max.
Height
45 Ft.
--
65 Ft.
45 Ft.
(2,6)
(5) (1,3,4,6) Adj. to
Min. Min. Res.
Land- Max. Yard Hin. Yard
scaping Sign Setbacks Setback Max.
Uses ReQ. Area F. R. S. F. R. S. Height
Freestanding
On Premise
Advertising
Signs for Multi
Tenant Buildings
Located in
Controlled
Access
Corridors N/A 350 Sq. Ft. 0-0-0 0-5-5 65 Ft.
Freestanding
Off Premise
Public Service
Sign (whether
located within
or outside the
boundaries of
C.A.C.) N/A 75 Sq. Ft. 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.
INDUSTRIAL USE TABLE A
USES (SIC CODE #)
B-1
ZONES
L-I
H-I
On Premise Freestanding Signs
P
P
P
Ofr Premise Freestanding Signs
*
P
p
EXHIBIT D
.
.
INDUSTRIAL USE TABLE B
Uses
(4)
Hinimum
Landscaping
Reouirements
On & Off
Premise
Freestanding
Signs
N/A
Freestanding
On Premise
Signs Located
In Controlled N/A
Access Highway
Corridors
Freestanding
On Premise
Advertising
Signs for Multi N/A
Tenant Buildings
Freestanding
On Premise
Advertising
Signs for Multi
Tenant Buildings
Located in N/A
Controlled
Access Corridors
Freestanding
Off Premise
Public Service
Sign (whether N/A
located within or
outside the
boundaries of
C.A.C.)
Footnote:
Maximum
Sign
Area
150 Sq. Ft.
300 Sq. Ft.
350 Sq. Ft.
350 Sq. Ft.
75 Sq. Ft.
( 1 737 5 76)
Minimum
Yard
Setback
F. R. S.
0-0-0
0-0-0
0-0-0
0-0-0
0-0-0
(2,5)
Adj. to
Resid.
Min. Yard
Setback
F. R. S.
0-5-5
0-5-5
0-5-5
0-5-5
0-5-5
Max.
Height
45 Ft.
65 Ft.
45 Ft.
65 Ft.
18 Ft.
-
5. No sign shall be located in a required sight traingle in such
a manner as to obstruct traffic visibility at a level between
three feet (3') and 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.
EXHIBIT D