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Ordinance 480-UU Memo City of Southlake Department of Planning MEMORANDUM May 29, 2003 TO: Planning and Zoning Commission FROM: Ken Baker, Senior Planner, AICP SUBJECT: Ordinance No. 480-UU – Being an amendment to the Comprehensive Zoning Ordinance No. 480, as amended, as it pertains to the proposed revisions to the Solicitation and Mass Gathering Ordinances. _____________________________________________________________________________________ Purpose The purpose of this item is to amend the zoning ordinance as it relates to certain aspects of solicitation and mass gathering activities. It is proposed that language pertaining to solicitation and mass gathering activities be removed from the zoning ordinance and that these activities be regulated exclusively by the solicitation and mass gathering ordinances. The solicitation and mass gathering ordinances are currently undergoing major revisions by the Departments of Planning and Public Safety and will be presented to City Council this summer. The Planning and Zoning Commission will not make a formal recommendation to City Council regarding the revised solicitation and mass gathering ordinances; however, it is important that the Planning and Zoning Commission understand the proposed revisions to these ordinances in order to make a decision regarding the possible deletion of language in the zoning ordinance. Background The following summarizes the reasons for major revisions to the solicitation and mass gathering ordinances: Solicitation Ordinance - Early in 2003, individuals began standing at roadway intersections seeking donations for charities. As a result, these individuals were walking in public roadways when traffic was moving and, in some cases, obstructing the flow of traffic. The Director of Public Safety received a number of calls from concerned residents regarding the physical safety of the solicitors and the impeding of traffic flow on public streets. To address this safety concern, the Director of Public Safety and Director of Planning developed an ordinance which implemented a one-hundred and twenty day (120) moratorium on all solicitation activities on public streets, street right-of-ways, medians or other areas of vehicular passage to: 1) ensure the physical safety of those who solicit; 2) ensure unimpeded traffic flow on public streets, and 3) provide the Departments of Public Safety and Planning the opportunity to review all aspects of the current solicitation ordinance. During the staff’s review of the solicitation ordinance, it was discovered that the ordinance did not provide the language to regulate some solicitation activities taking place in the City. The last revision of Ordinance. 480-UU - 1 - the solicitation ordinance was in 1996. Since that time the scope and nature of solicitation activities in the City have broaden. The revised solicitation ordinance attempts to address the new issues and challenges that have arisen in regards to solicitation activities since the last revision in 1996. Also, it was determined that solicitation activities were being regulated by multiple ordinances, including Ordinance No. 419 (Temporary permit for the Sale of Seasonal Items) and the zoning ordinance. This has lead to some confusion as to which city department was responsible for overseeing and regulating solicitation activities. Actions to be Considered The following is a summary of the actions to be considered by P&Z. The color copy reference in the table refers to the packet distributed for the P&Z’s May 22, 2003 meeting. Therefore, staff believed that it was in the best interest of the City to have the solicitation ordinance undergo major revisions to address these concerns. The revised ordinance attempts to address the many solicitation issues facing the city. It also places all regulations relating to solicitation activities into one (1) document. It is proposed that the Department of Public Safety will administer all aspects of this ordinance. Mass Gathering – This ordinance was developed in 1981 primarily to regulate “outdoor musical festivals”. Many of the regulations of this ordinance are antiquated and need to be updated. As with the solicitation ordinance, mass gathering events are currently being regulated by both multiple ordinances (including the zoning ordinance). Also, the nature of mass gathering events has changed considerably in the City since 1981. Again, staff believed that it was in the best interest of the City to have the mass gathering ordinance undergo major revisions to address today’s issues. The Department of Public Safety will also administer all aspects of this ordinance. P&Z Worksession A worksession on this item was held at the P&Z’s May 22, 2003 meeting. At that meeting, staff reviewed the proposed changes to the Solicitor’s Ordinance, the Mass Gathering Ordinance and proposed changes to Zoning Ordinance 480. Attachments The following documents are attached: Attachment A - Draft Solicitation Ordinance No. 850; Attachment B - Draft Mass Gathering Ordinance 851; Attachment C - Proposed changes to Section 37 of the Zoning Ordinance “DT” District – see deletions on p.37-2 & p. 37-4; Ordinance. 480-UU - 2 - Attachment D - Proposed changes to Section 39 of the Zoning Ordinance “Screening” – see deletions on p. 39-5; Attachment E - Proposed changes to Section 43 of the Zoning Ordinance “Overlay Zones” – see deletions on p. 43-11; and Attachment F - Proposed changes to Section 45 of the Zoning Ordinance “Specific Use Permits” – see deletions on p. 45-6. Ordinance. 480-UU - 3 - Ord. 480-RR Attachment B Page 1