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HomeMy WebLinkAbout08-21-1997Workshop Meeting, Regular Meeting and Public Hearing of the La Porte Planning and Zoning Commission• • PLANNING AND ZONING COMMISSION MINU'f ES OF AUGUST 21,1997 Members Present Chairperson Betty Waters, Commission Members Eugene Edmonds, Dottie Kaminski, Melton Wokers, Jim Zoller, Hal Lawler Members Absent Sandie Staniszewski Chi y Staff Present Director of Planning Guy Rankin, Assistant City Attorney John Armstrong, Planning Secretary Peggy Lee I. CALL TO ORDER WORKSHOP MEETING. The woriishop was called to order by Chairperson Waters at 5:40 PM. II. ADJOURN WORKSHOP MEETING. The wori~shop was adjourned by Chairperson Waters at 6:55 PM. III. CALL TO ORDER PUBLIC HEARING AND REGULAR MEETING. The regular meeting and public hearing were called to order by Chairperson Waters at 7:08 PM. IV. ADMINISTER OATH OF OFFICE TO NEWLY APPOINTED MEMBER, HAL LAWLER. John Armstrong administered the Oath of Office to Mr. Lawler. V. APPROVE MIlVUTES OF THE JULY 17,1997, WORKSHOP AND REGULAR MEETING. A motion was made by Eugene Edmonds to approve the minutes of July 17,1997. The motion was seconded by Melton Wolters. All were in favor and the motion passed. VI. OPEN PUBLIC HEARING TO DISCUSS REPEAT FOR A 29.0543 ACRE TRACT LOCATED IN LOT 9, F.A. STAASHEN SUBDIVISION, ENOCH BRINSON SURVEY, A-5, HARRIS COUNTY, TEXAS. Chairperson Waters opened the public hearing at 7:10 PM. Guy Rankin presented staff s report for the replat requested by Eric Stivender, (representative for Donald E. Babb, President, Hickham Industries, Inc.). If approved, the replat would consolidate two tracts of land that are currently divided by a lot line. • Planning and Zoning Commission Minutes of August 21, 1997 Page 2 of 4 Thirty-four notices of the replat request were mailed to adjacent property owners. Staff received one response in favor of the replat and none were received in opposition. VII. CLOSE PUBLIC HEARING Chairperson Waters closed the public hearing at 7:14 PM. A. PROPONENTS There were none. B. OPPONENTS There were none. VIII. CONSIDER REPEAT FOR A 29.0543 ACRE TRACT LOCATED IN LOT 9, F.A. STAASHEN SUBDIVISION, ENOCH BRINSON SURVEY, A-5, HARRIS COUNTY, TEXAS. A motion was made by Melton Wolters to approve the Replat with the following conditions: 1. All signatures required on plat shall be obtained prior to formal recordation. 2. A recorded mylar shall be provided to the City. 3. Public hearing costs of $43.08 shall be paid by the applicants. The motion was seconded by Jim Zoller. All were in favor and the motion passed. IX. OPEN PUBLIC HEARING TO DISCUSS AN AMENDMENT TO ZONING ORDINANCE 1501, SECTION 10-1006, SUBDTi~ISION MARKETING SIGNS. Mr. Rankin informed the Commission of the recent request of several homebu~ders wanting to place, within the City's rights-of-way, directional signs for marketing new subdivisions. City Counc.~ has asked the Planning and Zoning Commission to provide a recommendation regarding the use, placement, number and permitting of temporary advertising signs on weekends. John Armstrong informed the Commission of a law that was recently passed by the State Legislature making it a crime to place signs within the right-of-way. Prior to this law, it was not considered a crime to do so. In addition, the law now allows a municipality, by ordinance, the authority to approve of signage in the right-of--way. • • Planning and Zoning Commission Minutes of August 21, 1997 Page 3 of 4 Mr. Rankin noted that if the Commission were to recommend to City Council, approval for placing only subdivision marketing signs within the right-of--way, then signs marketing other things would be excluded and possibly unfair. There was a concensus among the Commission to address signage for this type of marketing as "temporary signage", not excluding other types of businesses. Discussions involved matters such as what size a temporary sign should be, where it may be placed and what hours it may displayed The Commission agreed that Mr. Armstrong should review the new state law and keeping it in mind, prepare an amendment to the Zoning Ordinance regarding temporary signs, based on the Commission's discussions. The Commission called for a special called meeting on September 11, 1997, A. PROPONENTS There were none. B. OPPONENTS There were none. X. CLOSE PUBLIC HEARING. Chairperson Waters closed the public hearing at 7:40 PM. XI. CONSIDER RECOMMENDATION TO CITY COUNCIL REGARDING AN AMINDMENT TO ZONING ORDINANCE 1501, SECTION 10-1006, SUBDIVISION M~RxFTING SIGNS. After lengthy discussion amongst the Commission and staff, the Commission directed staff to prepare a letter to the City Council informing them of the new state law. XII. STAFF REPORTS There were none. xlli. ADJovRN A motion was made by Eugene Edmonds to adjourn the meeting. The motion was seconded by Dottie Kaminski. All were in favor and the motion passed. Chairperson Waters declared the meeting duly adjourned at 8:55 PM. 3 • • Planning and Zoning Commission Minutes of August 21, 1997 Page 4 of 4 Resp su mitt Peggy Secretary Planning and Zoning Commission Approved on this the 11th day of September, 1997. B W ers Chairperson Planning and Zoning Commission n U • Temporary Signs • Staff Report Temporary Signs July 17, 1997 On June 2, 1997, two area homebuilders, 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 market subdivisions (no signs, regardless of their content, are currently allowed within the City's right-of--way). Note: The number of residential units being sold in La Porte has increased every year for the past five years. The City Manager, on behalf of City Council, 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 Council regarding the use, placement, number and permitting of temporary advertising signs on weekends, within the City of La Porte. 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. 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 manner. The Assistant City Attorney, informed 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. In conclusion, the Commission directed staff to prepare an amendment to the Zoning Ordinance regarding temporary signs with no exclusions as to the content of the sign. The proposed ordinance change has been forwarded 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 proposed amendment to the Zoning Ordinance that was prepared by staff follows this report. If, during the September 11, 1997, Planning & Zoning meeting, this draft amendment is accepted by the Commission, it will then be forwarded to City Council for their review and consideration. • • Proposed Revision to Sign Ordinance • Add new definition of "temporary sign" to read as follows: Temporary Sign A sign not to exceed 18" x 24" in size which is intended for a limited period of display. • Amend section 10-1001(5) to read as follows, to wit, 5. With the exception of permitted temporary signs, no sign may be placed on or over a public right-of-way, whether used or unused, utility easement, or on utility poles. • Add a new section to the Zoning Ordinance regarding temporary signs to read as follows, to wit: Temporary Signs: 1. Subject to the provisions of this section, temporary signs are prohibited, except in the following instances: a. Temporary signs shall be a maximum of 18" x 24" in size and constructed of all-weather corrugated plastic sheeting with a steel rod frame. b. May only be placed between the hours of 5:00 p.m. on Friday and 7:00 p.m. on the following Sunday. c. Shall be free of balloons, banners, or streamers. 2. Location of temporary signs -Temporary signs: a. shall not be placed in a manner that will interfere with a site triangle or otherwise create a traffic hazard. b. may not be located within five (5) feet of the edge of any pavement. c. may only be placed at the following intersections within the city: SH 146 at Spencer/Main SH 146 at Fairmont Pkwy. SH 146 at Wharton Weems SH 146 at Mc Cabe SH 225 at Underwood SH 225 at Sens Spencer at Sens • • Spencer at Farrington Spencer at Underwood Spencer at Valleybrook Spencer at Driftwood Spencer at Luella Fairmont Pkwy. at Luella Fairmont Pkwy.. at Underwood Fairmont Pkwy. at Farrington Fairmont Pkwy. at Driftwood Fairmont Pkwy. at Park S. Broadway at Fairmont Pkwy. S. Broadway at McCabe S. Broadway at Wharton Weems N. "L" at Sens N. "L" at Underwood Bay Area Blvd. at Fairmont Pkwy. 3. Temporary sign permits a. No temporary sign may be erected within the city limits of the City of La Porte without a permit first having been obtained from the Building Official. b. Application for temporary sign permits shall be made upon forms provided by the Building Official, and shall contain and be accompanied by information sufficient to identify the location of the proposed sign, consistent with the locational criteria established in section 2(c) above. c. No person shall be issued a temporary sign permit under this section until such person has filed with the City Secretary a bond or insurance policy, or both, in the amount of $200.00, in form approved by the City Attorney, such bond or policy to be conditioned on the erection of an location of temporary signs in accordance with the provisions of this ordinance, the other ordinances of the City of La Porte, and the laws of the State of Texas, and further providing for the indemnification of the city for any and all damages or liability that may accrue to or against the city by reason of the erection, maintenance, alteration, repair or removal, or defects in any temporary sign erected by or under the direction of such applicant, and further providing for the indemnification of any person who shall, while on public property or public right-of-way of the City of La Porte, incur damages for which the person erecting any such temporary sign is legally liable by reason of his act or omission in regard to erection of such temporary signage. d. No permit issued under this ordinance shall be transferable. • • 4. No permitee may obtain a permit for erection for more than two (2) temporary signs at any one particular intersection specified in section 2(c) above, with a maximum of ten (10) temporary signs per permitted individual. 5. Revocation of Permit Upon learning of any violation of this ordinance, the ordinances of the City of La Porte, or laws of the State of Texas by any temporary sign permit holder, the Building Official shall give notice of said violation to the responsible permit holder. Two or more violations of this ordinance, other ordinances of the City of La Porte or the laws of the State of Texas shall result in denial of future temporary sign permits to the responsible permitee by the City of La Porte. • Amend section 10-1007 Permits to read as follows, to wit: Section 10-1007 Permits 1. Any person desiring to erect or place afree-standing, attached or portable sign on any property shall first apply to the Building Official for a permit. With the exception of temporary sign permits as specified below, permits are not required for signs less than five (5) square feet in area. ....