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.
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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
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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
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