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G-07-07-26-9A1 - 7/26/2007 ORDINANCE NO. - -q/-T AN ORDINANCE AMENDING THE CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, CHAPTER 3, SECTION 3.1410 SPECIAL EXCEPTIONS; AND PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ROUND ROCK, TEXAS: I. That Chapter 3, Section 3 . 1410, Code of Ordinances (1995 Edition) , City of Round Rock is hereby amended as follows: 3.1410 SPECIAL EXCEPTIONS (1) The Director of Planning shall have the power to issue a special exception to the setback and/or height requirements provided for herein. (a) Before issuing a special exception to the setback and/or height requirements for food, fuel and lodging,the Director of Planning shall make the following findings: (i) That the parcel of land for which the special exception is requested is in a commercial zoning district and is adjacent to the right-of-way for a freeway; (ii) That the sign will be used to advertise only on site restaurants, a fuel outlet, or hotels, motels, and other establishments providing overnight lodging; (iii) That a sign constructed in compliance with the setback and height requirements on any permitted location could not be seen from any main lane of a freeway from a location more than one thousand (1,000) feet prior to the nearest exit which provides access to the affected business. The point from which the one thousand(1,000) feet is measured shall be the point of tangency between the main lanes of the freeway and the exit ramp; and (iv) That any special exception granted shall be only for the minimum height necessary to achieve the required visibility, but in no event shall a special exception be granted for a sign in excess of sixty-five (65) feet in height. (b) Before issuing a special exception to the height requirements where unique circumstances exist as a result of adjacent roadway construction or reconstruction, the Director of Planning shall make the following findings: 0:\wdox\OADINANC\070726A1.WPD/cdc (i) That the Large Center proposed sign is within fifteen hundred(1,500)feet of the intersection of the centerlines of Interstate Highway 35 and State Highway 45; (ii) That the proposed sign is a multi-tenant sign within a Large Center over (20)acres in size or a single tenant sign within a Large Center if the space this tenant occupies is greater than 20,000 square feet; and (iii) That any special exception granted shall be only for the minimum necessary to achieve the required visibility from the main lanes,excluding ramps and flyovers, but in no event shall a special exception be granted for a sign in excess of sixty-five (65) feet in height. (2) The burden of proof regarding the findings in this Section shall be on the applicant requesting the special exception. (3) Under no circumstance shall a special exception be granted for the following: (a) Any sign, sign structure, or advertising device not specifically permitted in this section. (b) Any sign or device which by design or location resembles or conflicts with any traffic control sign or device. (c) Any sign or device that creates a potential safety hazard by obstructing views of pedestrian and vehicular traffic at street intersections or driveways or by creating glare or other hazardous distraction. (d) Any sign or device that is erected within six (6) feet horizontally or twelve (12) feet vertically or any overhead electric conductors. (e) Any roof sign, portable sign, billboard, balloon inflatable, any sign constructed of a nondurable material, signs in the public right-of-way, wind driven advertising devices and flashing signs. (4) The application for a special exception to the setback and/or height requirements shall be accompanied by a fee of two hundred fifty dollars ($250.00) II. A. All ordinances, parts of ordinances, or resolutions in conflict herewith are expressly repealed. B. The invalidity of any section or provision of this ordinance shall not invalidate other sections or provisions thereof. 2 C. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Ordinance was adopted was posted and that such meeting was open to the public as required by law at all times during which this Ordinance and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. Alternative 1. By motion duly made, seconded and passed with an affirmative vote of all the Council members present, the requirement for reading this ordinance on two separate days was dispensed with. READ, PASSED, and ADOPTED on first reading this Oday of 2007 . Alternative 2 . READ and APPROVED on first reading this the day of 2007 . READ, APPROVED and ADOPTED on second reading this the day of 2007 . NYLEL Mayor City o Ro d Rock, Texas A T: 71 r 1 1 rl J) I CHRISTINE R. MARTINEZ, City Secr ary 3 DATE: July 20, 2007 SUBJECT: City Council Meeting - July 26, 2007 ITEM: 9A1. Consider an ordinance amending the Sign Ordinance, Section 3.1410, to allow for special exceptions for signs within 1,500 feet of the intersection of IH-35 and SH-45. (First Reading) Dena ent: Planning and Community Development Staff Person: Jim Stendebach, Planning and Community Development Director Justification: The construction of SH-45 has significantly reduced the visibility of large shopping centers in the area where IH-35 and SH-45 cross. We have discussed this matter with the developers of the Round Rock crossing shopping center, and they have provided "crane tests" to prove the reduction in visibility. Fundina: Cost: N/A Source of funds: N/A Outside Resources: N/A Backaround Information: The current ordinance allows the Director of Planning to issue a special exception for signs advertising food, fuel and lodging, for businesses adjacent to the right-of-way for a freeway. This amendment would expand Section 3.1410 to include a special exception for signs for a large center (over 20 acres In size) that is located within 1500 feet of the intersection of IH- 35 and SH-45. Special exceptions could be granted for multi-tenant signs or for businesses within the shopping center that occupy more than 20,000 square feet. The"crane test" is required to insure that a special exception is granted for only the minimum necessary to achieve visibility, and the maximum height may not exceed 65 feet. Public Comment: The owners of Round Rock Crossing/Target Center support this amendment. A presentation on this proposal was given to the City Council at the Council Briefing on April 24, 2007.