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Home My WebLink AboutORD 2010-43 - UDC Temp Off-Premise SignsAn Ordinance of the City Councilof the City of 1 • - i'amending the Unified Development Code (UDQ, Passed and Adopted on the 111hDay of March 2003, adding new Section 10.07.040 "Temporary Off"Premise Signs for • r• ! t ""i,,. rSection16.02 "Definitions"* • amending , 0.5 "Development Pr/ . Code of PlanningOrdinances (the Code) to revise and Development fees associated Includingw ith Temporary Signs; Repealing Conflicting Ordinances and Resolut' I .• and Establishing an Effective Date and ii provi. ding for , Penalty for1 .' ithereof. WHEREAS, the City Council adopted the Unified Development Code (UDC) on March 11, 2003; and WHEREAS, on March 23, 2010, the City Council directed staff to work with the local real estate and homebuilding community and the UDC Task Force to review options to allow temporary off -premise directional signs to help locate open houses and builder's model homes; and WHEREAS, staff conducted numerous open meetings to seek a compromise that would allow some off -premise directional signage, while limiting the visual impact of such signage; and WHEREAS, on August 10, 2010, staff presented an alternative to the City Council that would allow this type of directional signage on a limited basis, and received direction from the Council to proceed to draft language to implement the proposed program; and WHEREAS, public workshops were conducted on September 30, 2010 and October 1, 2010 to review the draft language and solicit public comment; and WHEREAS, on October 5, 2010, the Planning and Zoning Commission conducted a Public Hearing on the draft amendment, and recommended approval of the amendments to the City Council on November 2,2010; and NOW TAEREFORE,ORDAINED • OF THE CITY OF GEORGETOWN,.. SECTION 1. The facts and recitations contained in the preamble of this ordinance are hereby found and declared to be true and correct, and are incorporated by reference herein and expressly made a part hereof, as if copied verbatim. The City Council hereby finds that this ordinance implements the 2030 Comprehensive Plan, Thoroughfare Plan, and Land Use Element as follows: Vision Statement 4: Effective Governance 4.1: Efficient, Responsive Government 4.1.A: Our City government retains its reputation for providing a high level of responsiveness to citizens and in exercising visionary leadership in planning and investing for the future. 4.1.B: We have created and enforced innovative, effective, and fair regulatory codes and development standards to guide growth and improve development quality. We have streamlined the regulatory process, particularly for desired development types and locations. Land Use Goals, Policies, and Actions: Goal 1: Promote sound, sustainable and compact development patterns with balanced land uses, a variety of housing choices and well -integrated transportation, public facilities, and open space amenities. 10 Establish standards appropriate for new residential development pertaining to lot sizes, open space, buffers, road connectivity, etc. 2A: Remove present inadvertent impediments to infill and re- investment in older, developed areas. 2131: Ensure that public and private initiatives preserve and enhance historic resources, and further finds that the enactment of this ordinance is not inconsistent or in conflict with any other 2030 Comprehensive Plan Vision Statement or Goal, Policy, and Action. SECTION 2. The Unified Development Code is hereby amended to add new Section 10.02.040, Temporary Off -Premise Signs for Open Houses and Model Homes and to amend Section 16.02, Definitions as follows: "Ilse Citv�tha s establishe i�por ° eye yiijeq 7.ners _ € a tors,, and if grs may t� grafi c f --ergs ise signs in qeL to Citomi is -of -w 'Lgr the sole ose of directjn �rq,s e(ztive bu ffs to a I- Ouse" or udder's "Model Home for sale of a nem gr e r twos -fa it Boni c r ccc��cio imium intended for rest a�I ca��r ar � � La.cenagA ree� e t for t gse�en house si s �i ri �caf- aux s I e aired _f r s cls si s before bei --erected. Ex a� rioted. ire this ectio off rev ise si ns for Open Houses and builder Model Homes shall not be r�nitted.. B. Te.!MporgU_ Open House Sign jjmitations 'gpparar�LD eri I €� se stens M�Lst Meet tILe fall v�riteria: e Eligibility lhost-�g�fiio-le to utzl ssach si s are a c� e v r er anti as c� realtor, realtor Qr builder, a, Si a I atecl in the City owned or co trolledis r Iit- of- av that is also within 75 feet of the center-poftit sof the intersection. of a amity controlled IQcal car collector street other than hose noted in aza a hs a td eic tr. b. %&qs s -ta l rot ire placed o .!asfiafiver ae right -of - ay bety L(jen Williams Drive and. Leander load, University Avenue rizht-of-ova between Hutto Road and Scenic Drive (if University becomes fit richt-of: nor within the areaouinded � Street,I tre>et 911, Street and Church Streets C, SignsRigged iq an n 1 the Texas DeDartment of`l"rans o�tatign, cludirt the fc� �s � i. ,I, .2243 Leander Rp ii. F.M. 223aL Tilliam� rjT.,r from F.M. 3405 westi iiia F.M.1460 IV, FM. 971 V, State Flighway 29 -JUrdver venue vi. State Spur 26 (South Dustin Avenue from Leander Road south vii. State u 8.rthst` Avenue fr .Willia s Drive north viii.. Interstate l-iiyav 35 g---�--- ix, State 11 h a I30 X, State .Highway 4 ouss II t x itte to interfere with the --s t t iara l etyveen beit�j of three 3` set and seven 7' feet as .measured from the crowns of the a_tacent streets. See Section. 12.03.050.. .1.c of this Code. e. QpeiL Ho ase sem, s I esec at least tf€ e f€ t from the I, the Cita reserves the rtat to requite tl- at signs be moved tither locations in the-ublic r i ht::pLwt as to address s�afet concems or t limit the undue accumulation of si ras at ny-articaaltar location. 3. Size -A HgjghtRestricho Qpgn f losses sshall not exceed three (13;tclaa�are feet. t is limited to three ',? feet from -grade, . Duration-QLaigna&g AIIQwed Cl ad cmse signs scall_ lace_rio eaLrlieaw than _the 12:00 noono Sat a.cla Saaa aa r a rao li to f an 6. . . on. Saturdays or Sundays. Between the hoglr of .0( _g Sat€a L.ta and .12600noon on Sqnday the signs must be takers clown. D. Number of Si. ns Permitted xce t s taac? ided below, an a IicaLi shaf lace only one 1.) �} en. Ito location. If a realt r or builder has more than one ( ro er1. tofferecl for salmi i tie same rag hoot good for which the realtor,'gil er is conc arcti7� art opera a tzse, t r t lacer are tlaa one U, i Ott ra logition ppog;�idtd that each such sign shall show the address of theerty offered for -pff op sale. A maximum of three directions sites pej oven house model, home is allowed off rernise. 6e No li htir balloons, stre rLaers or other devices or materials attached -to the sjo. 7m 5ignsof bet art as r ra acv r arteraa ces, i clans in Ut not limited to brill ��i� .control devices. official sigs< si n spa .aorts� l tstandarcis. delineators. . The holder of the license shall receive written ermissi.€ n from th propert qw-ie • acent to the Cid ai t-of--mA rior to loco a sib in said ri h__Eq If rmuested, the licensee shall novice the Cit dila a. o y of the written erm*ssi€�n. f a ert .owner medicates that tl e dict noir t per i.ssiors- for the signlacernentt1je City has the ri ht tc� raleil`tat tie sign be renaov-or to cages it to be removed., C. Definitions See Section 1.6.02 of this Code for defffi is ns of ti -le follmvira terraas � tl�e�reiate to this Section: m Homeowner acting as oaA7n r altor ten Ionse odef oe Si . 'r(r ty 4. Realtor 5. Home Builder D. review Process Review of the Te iise Signs en f1o� ses and Model. Homes and the companion , cense agree_ ent shall follow the AC[mintstrative Review pioqed.ure,s set forth in Section .03. 40, E. Sub iion iZe wire. ent In addition bo_a ca lcic LLc:ense ? reei-ment, the%ie�nt sia �I m it all cif the i formationwired in the LiDQ ELeyejojaAent ?�a1 n �tl_f r si e�naits. F. 1 onsiilit Ina fiction The Building Official gr designee is reg5ponsible for final action on the License ,Agreement and issuing theeLmit for atezn -solouse si rte. For each ice se purchased. the a ILicant will jig issuea a sticker -which shall be paged on each of the 0 en I4o seC rl clel Home igg.a_ci r laced. i l� i_ L-jy4y njust have a sticker attached issued in accordance with this Section. Unless temiinated sooner, the Uic i-sems1��11 e irk �r�e 1 eat from the effective date of the Agge nient. f. Termination 1 eityh nth x lit to termlate the License 1 greement._'I g! Cit�aI r€gvide written notice at least 45 dqy� in advance to the Licensee of the Citag' intent to terrniilate the Licen�e-Agrqernent, If thg License A(�ement is iter. inated, al sins shah bl� r�a a��ecl ' �ediatel��r tl�e L,ic�rasee, �n sips not removed within 48 hours of the ter ration date shall become tlergperty of the City. The Licensee shall be entitled to ar€�-rate refund of any fees laid if the termination is within 18Q dayscar' the issuance of the License AZIee . _ e t. .Otherwise. the Licensee will not be entitled to a refund Section 16.02 Definitions Home Builder. As it relates to Section 10.07.040 of this Code a Ion e Bgiih er is an individual or cornpany that bu l is sin le-ta it tmLQ- aril hones o condominiums s for residential occ as HoineowneLacting as own realtor. As it relates to Section 10.07.040 of this Qode, a Hoa n ac ° as their own .realtor is a erson who awns an existir� sin le -far it or t vo-f n�i y home or con on-ar iu witfdri thq r )rq e hpAh of City or its extraterritorial juri Clic is t which is for sale directlyLo flie ubl%c. e House/Model Home 5 en louse 5i nla As it relates to Section 1.07.040 of this Co e,� r€_ p rr l Ious 4c d l Io ne i s 2 -that c=tai -s on he € t1 wi gi forr�� ti(sri he �vor�s "O n louse,,p 2 they i "Model Home" 3 e words "For Sale bywner" or the Realtor's or Builder's name 0r Qg 4)tha dress of the Open HolLse or Model Home> an directional arrow. wgr As it relates to Section 10.07,0441 of this Cade, RLoprg ty�ne: s the Ci s h -o - v a o i streets i th h r than those noted in Section 0.0 ,040, Realtor. As it relates to Section 10.07.040 of this Q. ep a Rec ltgi is a person whg is licensed to sell real estate irs the State of Texas. SECTION 3. Section 15.04.045 of the Code of Ordinances entitled "Development Processing Fees" is hereby amended to add: 1. A Sign Permit fee for an Open House/Model Home permit of $25.00, to include one sign, plus $5.00 per each additional sign; and 2. For signs that are removed, or caused to be removed, by the City: A $5.00 per sign retrieval fee, plus a $5.00 per sign, per day (or fraction there of) storage fee, and ® A cost of removal fee if the removal is performed by an independent contractor hired by the City. SECTION 4. All ordinances that are in conflict with the provisions of this Ordinance are, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 5. If any provision of this Ordinance or the UDC, or application thereof, to any person or circumstance, shall be held invalid, such invalidity shall not affect the other provisions, or application thereof, of this ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are hereby declared to be severable. SECTION 6. The Mayor is hereby authorized to sign this ordinance and the City Secretary to attest. This ordinance shall become effective and be in full force and effect on the date of final adoption by the City Council. 2010. PASSED AND APPROVED on First Reading on the 911, day of November PASSED AND APPROVED on Second Reading on the 23rd day of November 2010. ATTEST: jes ica City Secretary Approved as to Form: A i 9 Mark Sokolow City Attorney THE CITY OF GEORGETOWN George6Garver, Mayor