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Item 4DCITY OF SOUTH LAKE MEMORANDUM December 30, 2014 To: Honorable Mayor and City Council From: Ken Baker, Senior Director of Planning and Development Services Subject: Item 4D — Ordinance No. 1110 Action Requested: Consider 1" reading for the establishment of a Sign Board. Background Information: At the December 4, 2014, joint City Council and Planning and Zoning Commission meeting, the City Council and the Planning and Zoning Commission reviewed possible options for the creation of a Sign Board and determined that the Planning and Zoning (PZ) Commission will assume that role. The primary function of the sign board will be to hear and make recommendations to the City Council on applications for sign variances and Master Sign Plan approvals and to review and make recommendations to sign ordinance amendments. Financial Considerations: None Strategic Link: Quality Development — C-5 Promote opportunities for partnerships & volunteer involvement. B-2 Collaborate with select partners to implement service solutions. Citizen Input / Board Review: None Legal Review: The draft ordinance has been sent to the City Attorney for review; it is anticipated to be returned prior to second reading. Supporting Document: Attached —Ordinance No. 1110 Staff Recommendation: Approve as presented or provide feedback for modification(s) ORDINANCE NO. 1110 AN ORDINANCE ESTABLISHING A SIGN BOARD FOR THE CITY OF SOUTHLAKE; ESTABLISHING THE PLANNING AND ZONING COMMISSION AS THE SIGN BOARD; PROVIDING FOR DUTIES AND RESPONSIBILITIES FOR THE SIGN BOARD; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Southlake deems it advisable and necessary to establish a Sign Board (SB) to act as an advisory board to the City Council in matters regarding the Sign Ordinance 704, as amended, sign variance requests, master sign plan requests, and related issues; and WHEREAS, the City Council finds that the orderly and uniform regulation of signs is a substantial factor in guiding the attractive and aesthetic development of properties in accordance with the comprehensive plan and thereby avoiding detrimental impacts of signs on the appearance of the City; and WHEREAS, commercial signage is deemed an integral part of the urban design fabric of Southlake and is absolutely necessary and shall be regarded as a tool that helps promote the health, safety and welfare of the general public by providing guidance to both the vehicular driver and pedestrian. Due to its visual prominence and effect on the overall design character of our city, signage is an integral part of the visual urban streetscape and shall not be designed to visually compete with its surroundings, but rather serve to build on the quality of the traveler's and pedestrian's experience. WHEREAS, the City of Southlake Sign Ordinance 704, as amended, permits applicants to apply for sign variances and master sign plans to for consideration by the City Council; WHEREAS, the City Council desires to establish a Sign Board to review and consider sign variances and master sign plans under Sign Ordinance 704, as amended, and forward their recommendations to the City Council for their consideration; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1. Creation of a Sign Board: There is hereby established a Sign Board (SB) for the city hereinafter referred to as the "SIGN BOARD". SECTION 2. Members and Terms: The Sign Board shall consist of the seven (7) citizen members of the Planning and Zoning Commission of the City of Southlake. Terms of Office for the Sign Board members shall coincide with appointment terms for the Planning and Zoning Commission members, appointed by a majority vote of the City Council for three (3) year terms. The members of the Planning and Zoning Commission shall be resident citizens of the corporate limits of the City of Southlake, Texas, and qualified voters of the City of Southlake, Texas. The members are appointed by the City Council for a term of office for three (3) years. All vacancies occurring on the Planning and Zoning Commission shall be filled by appointment by the City Council. The offices of the Chairman and Vice- Chairman will be for a period of one (1) year and selected by the City Council. SECTION 3. Meetings and By -Laws: The Planning and Zoning Commission Chairman and Vice Chairman shall retain the same positions on the Sign Board and serve one (1) year terms and thereafter until their successors are elected. The by-laws attached to this ordinance as Exhibit A, which are hereby approved, shall govern the meetings of the Sign Board. The Sign Boards bylaws shall be consistent with state law, the City Charter and City Code, and Board and Commission Manual, and shall, at a minimum, encompass the following matters: (1) Meeting shall be held immediately following the regular Planning and Zoning Commission meetings held the first and third Thursdays of each month unless otherwise determined. (2) Manner of holding and calling of special meetings shall be specified. (3) Majority of members shall constitute a quorum. (4) Minutes of the meetings shall be filed with the City Secretary. SECTION 4. Duties and Responsibilities: The duties and responsibilities of the Sign Board shall be to: (1) Act in an advisory capacity to the City Council in matters pertaining to requests for sign variances and master sign plans. (2) Serve in accordance with provisions of the Board and Commission Manual. (3) Review of sign variance and master sign plan requests for their applicability to the current Sign Ordinance 704, as amended. (4) Perform such other tasks as are delegated to it by City Council. SECTION 5. Staff Liaison: A staff Liaison shall be designated by the City Manager to work with the Sign Board in accordance with Board and Commission Manual. SECTION 6. Upon adoption of this ordinance by the City Council, the Planning and Zoning Commission shall assume the duties and responsibilities of the Sign Board regarding review and consideration of sign variance and master sign plan applications. SECTION 7. Unless the City Council affirmatively votes to continue the existence of the Sign Board, the Sign Board shall be automatically dissolved and abolished eighteen months after the date of enactment of this ordinance without further action by the City Council. No later than fifteen months from the date of enactment of this ordinance, the staff liaison shall present to the City Council a report of the Sign Board activities in order to assist the City Council in evaluating whether the Sign Board's existence show be continued. SECTION 8. It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 9. All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 1073 or any other ordinances affecting community engagement which have accrued at the time of the effective date of this ordinance; and as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 10. This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED ON THE FIRST READING ON THIS DAY OF , 2015. JOHN TERRELL, MAYOR ATTEST: LORI PAYNE, CITY SECRETARY PASSED AND APPROVED ON THESECOND READING ON THIS DAY OF , 2015. JOHN TERRELL, MAYOR ATTEST: LORI PAYNE, CITY SECRETARY EFFECTIVE: APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY BYLAWS OF THE CITY OF SOUTHLAKE SIGN BOARD ARTICLE 1 PURPOSE AND POWERS Section 1.1 Purpose The city of Southlake City Council established the Sign Board (SB) to act as an advisory board to the City Council in matters regarding sign variances and master sign plans. Section 1.2 Powers In fulfillment of its purpose, the Sign Board (SB) shall be governed by and shall have all powers set forth in the Southlake City Code and other applicable law. The Sign Board shall act in accordance with the provisions of the City's Board and Commissions Manual. ARTICLE II SIGN BOARD MEMBERS Section 2.1 Composition and Terms of Office (a) The Sign Board shall consist of seven (7) citizens of the current City of Southlake Planning and Zoning Commission and appointed by the City Council in adherence to the eligibility guidelines in the Board and Commission ►VPrim.I (b) Annually, within thirty (30) days after appointment of new members, staff will provide and all members shall complete the orientation requirements outlined in the Board and Commission Manual. Section 2.2 Meeting of the Sign Board The Sign Board, if items are scheduled for consideration, shall meet immediately following the regularly scheduled Planning and Zoning Commission meetings. The meetings are scheduled on the first and third Thursdays of the month, unless special meetings are held. Additionally, the Sign Board may schedule or be scheduled for joint meetings with City Council. Members not planning to attend a regular meeting, joint meeting or special meeting shall notify the staff liaison or chair of the Sign Board by 12.00 o'clock noon on the meeting day. Any member with unexcused absences from two (2) consecutive meetings or not exhibiting interest in the work of the Sign Board shall be reported to the City Council, as outlined in the Board and Commission Manual. The City Council may, at its discretion, remove any Sign Board member and appoint a replacement, for any reason. All meetings and deliberations of the Sign Board shall be called, convened, held and conducted, and notice shall be given to the public in accordance with Chapter 551 of the Texas Local Government Code. Section 2.3 Special Meetings The Sign Board may hold special meetings, as needed, to accomplish it stated purpose. The Chair shall fix a place and time for such special meetings. Notice shall be given to the public in accordance with Chapter 551 of the Texas Local Government Code. Section 2.4 Quorum A simple majority of the entire Sign Board shall constitute a quorum to conduct official business of the board. Section 2.5 Conduct of Business (a) At the meeting of the Sign Board, matters pertaining to the business of the Sign Board, as posted on the agenda, shall be considered in accordance with the rules of procedure as from time to time as prescribed by the board. (b) At all meetings of the Sign Board, the Chair shall preside. In the absence of the Chair, the Vice Chair shall preside. In absence of both the Chair and Vice Chair, the most Senior Member shall preside. (c) The Chair shall be a voting member of the Sign Board. (d) Minutes of each Sign Board meeting shall be filed with the City Secretary and made available to the City Council upon request. 2.6 Compensation of Sign Board Members Sign Board members shall not receive any salary or compensation for their services. ARTICLE III OFFICERS Section 3.1 Officers and Terms of Office (a) The officers of the Sign Board shall be a Chair and Vice Chair and shall be the current Planning and Zoning Commission Chair and Vice Chair. All officers shall be subject to removal from office at any time by a vote of a majority of City Council. Section 3.2 Powers of the Chair The Chair shall preside at all meetings of the Sign Board in accordance with the Board and Commission Manual and perform all duties incident to the office of Chair and such other duties as may be prescribed by the Sign Board and City Council. Section 3.3 Vice Chair In the absence of the Chair or in the event of the inability or refusal to act, the Vice Chair shall perform the duties of the Chair, and when so acting shall have all the powers of and be subject to all restrictions upon the Chair. The Vice Chair shall perform other duties as from time to time may be prescribed. ARTICLE IV BOARD DUTIES AND RESPONSIBILITIES Section 4.1 Duties and Responsibilities The duties and responsibilities of the Sign Board shall be to: (1) Act in an advisory capacity to the City Council in matters pertaining to requests for signs variance and master sign plans. (2) Serve in accordance with provisions of the Board and Commission Manual. (3) Review of sign variance and master sign plan requests for their applicability to the current Sign Ordinance 704, as amended. (4) Perform such other tasks as are delegated to it by City Council. ARTICLE V STAFF LIAISON Section 5.1 Staff Liaison A staff liaison shall be designated by the City Manager to work with the Sign Board in accordance with the Board and Commission Manual. ARTICLE VI AMENDMENTS TO BYLAWS Section 6.1 Amendments to Bylaws The Sign Board may amend these bylaws, and may adopt new bylaws at the Sign Board discretion, with approval of the City Council.