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Item 8AMEMORANDUM June 30, 2010 TO: Honorable Mayor and City Council FROM: Ken Baker, AICP, Director of Planning and Development Services SUBJECT: Resolution 10 -031 Moratorium on Readerboard Signs (Electronic and Manual) Action Requested: Declare a 90 -day moratorium on the acceptance or processing of any sign applications for readerboard (electronic or manual) signs as defined in Sign Ordinance No. 704 -D, excluding government signs. General Background: Recently concerns have been raised regarding the placement and use of readerboard signs within the City of Southlake. The regulations for readerboard signs in Sign Ordinance No. 704 -D may not adequately address the detrimental impacts of these signs. A moratorium is necessary to allow time for staff to conduct research on the use and regulation of readerboard signs and to propose revisions to the Sign Ordinance regulations for readerboard signs. A readerboard sign is defined as a sign that utilizes alternating electronic data control components (electronic) or a sign comprised of non permanent letters, numerals or symbols, which allow a change in copy by adding removing or rearranging said letters, symbols or numerals. Financial Considerations: None. Strategic Link: Quality Development Citizen Input/ Board Review: Any proposed amendments to the Sign Ordinance will require a public hearing. Legal Review: Any proposed amendments to the Sign Ordinance will be reviewed by the City Attorney. Alternatives: Wait for proposed revisions to Sign Ordinance No. 704 -D regarding readerboard signs without issuing a moratorium. Supporting Documents: Resolution No. 10 -031 RESOLUTION NO. 10 -031 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, DECLARING A MORATORIUM ON THE ACCEPTANCE OR PROCESSING OF ANY SIGN APPLICATIONS FOR READERBOARD (ELECTRONIC OR MANUAL) SIGNS AS DEFINED IN SIGN ORDINANCE NO. 704 -D, EXCLUDING GOVERNMENT SIGNS; DIRECTING THE CITY STAFF TO INITIATE THE PREPARATION OF A CITY CODE ORDINANCE AMENDMENT TO REGULATE READERBOARD SIGNS; PROVIDING FOR A METHOD OF REPEAL OF THIS MORATORIUM; AND PROVIDING THAT THIS RESOLUTION SHALL TAKE EFFECT IMMEDIATELY UPON PASSAGE. WHEREAS, the City Council of the City of Southlake has adopted Ordinance No. 704 -D as the city's Sign Ordinance, regulating and restricting the location, setback, height, size, lighting and other use of signs in the City of Southlake; and WHEREAS, the City Council is concerned about the placement or use of readerboard signs within the city which might adversely affect surrounding properties or the proper and orderly growth of the city; and WHEREAS, the City Council has determined that the current regulations may not be adequate to address detrimental impacts of readerboard signs; and WHEREAS, the City Council has determined that all government readerboard signs are not subject to the moratorium because these type of signs help ensure the public health, safety and welfare of the community; WHEREAS, the City Council believes that the staff of the City of Southlake should undertake those studies or analyses necessary to prepare the appropriate recommendations regarding readerboard signs for council action; and WHEREAS, the City Council desires to maintain the status quo within the City until such time as the City Council has had a reasonable opportunity to review the recommended amendments and to take appropriate action as may be required to protect the public health, safety and welfare; and WHEREAS, a 90 day moratorium placed on the issuance or renewal of permits for readerboard signs is a minimally intrusive method of maintaining the status quo until such review can be completed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1. A moratorium is hereby imposed, effective immediately, on the receipt, processing, and approval of applications for readerboard signs, excluding government signs, within the corporate limits of the City of Southlake. The moratorium shall be in place for ninety (90) days following the adoption of this resolution and shall expire upon passage of an amendment to the City's sign ordinance concerning readerboards or other express action of the City Council lifting the moratorium. If no amendment or action is taken, the moratorium shall expire at 5:01 p.m. on October 4, 2010. The moratorium may be extended by the City Council for good cause shown. SECTION 2. The purpose of this moratorium is to maintain the status quo within the city until such time as the city has reviewed and, if necessary, amended its regulations regarding readerboard signs. SECTION 3. The city staff is hereby directed to initiate and complete those studies or analyses necessary to determine what, if any, changes to the regulations for readerboard signs are reasonable and necessary. SECTION 4. Any property owner that believes that the imposition of this moratorium causes a unique and unreasonable hardship upon his or her property or business shall have the right to request a variance to the provisions of this moratorium. A property owner seeking a variance shall submit a written request to the city council through the city secretary's office. The request must provide the following information: a. A description of the property to be covered by the variance. b. An explanation as to why the application of the moratorium is unreasonable as applied to the applicant's property. C. A description of any negative impacts created by the moratorium provision. The city secretary's office shall place the request for a variance on the agenda of the City Council for consideration at a public meeting. The applicant shall receive written notice of the date of the proposed hearing on the variance request. The city staff shall not be required to provide written notice of the variance request to any other individual or entity. On the date that the item is set for hearing, the City Council shall conduct a public hearing on the variance request giving any individual who desires to present information or evidence to the City Council on the appropriateness or inappropriateness of the variance the opportunity to appear before the city council and present such information. At the conclusion of the hearing, the City Council, by majority vote, may approve a variance to the provisions of this moratorium resolution or may deny the request for variance. The approval of a variance shall entitle the applicant to submit an application for a readerboard sign. PASSED AND APPROVED THIS 6 DAY OF JULY, 2010. CITY OF SOUTHLAKE 0 Mayor ATTEST: Lori Payne, TRMC City Secretary