HomeMy WebLinkAboutA001 - Council Action Form dated October 23, 1990 6W O/q F
ITEM #:
DATE: 10/ /90
COUNCIL ACTION FORM
SUBJECT:
Motion to Set November 13, 1990, as the Date of Public Hearing to Consid-
er a Technical Amendment to Section 29.28, Visibility at Intersections.
BACKGROUND:
The following changes are proposed to Section 29.28, Visibility at Inter-
sections.
Existing Language:
Section 29.28. Visibility at Intersections.
On any corner lot in any "A-1", "S-R", "R1-10",
"R1-6", "R-2", 11112-7", "R-3", "R-4", or "H-M" District,
no fence, wall, or other structure shall be erected, or
no foliage plant is permitted to grow to a height of more
than three (3) feet above the elevation of the established
curb grade at the intersection of the streets on the part
of any yard which is bounded by the street lines of the
intersecting streets and a line connecting two (2) points
on said street lines twenty (20) feet from their point of
intersection.
Proposed Language:
Section 29.28. Visibility at Intersections.
Within the visibility triangle on any corner lot in any
"A-ITT, 'IS-R", "R1-10", "Rl-6", 11R-2"� "R2-7", "11-3",
"R-4", or "H-M" District, no fence, wall, or other
structure shall be erected, or no foliage plant is permit-
ted to grow to a height of more than three (3) feet
above the elevation of the established street grade
measured at the curb line at the intersection of the
streets abutting the corner lot. Such visibility triangle
shall be defined as the area created by the intersection
of property lines at the corner of the abutting two
streets and a line connecting two (2) points on said
property lines twenty (20) feet from the point of inter-
section.
2
The proposed technical amendment to the Zoning Ordinance is needed to
clarify how the visibility triangle is measured for corner lots. This is the
area on a corner lot where fences, walls, and other structures, as well as,
shrubs, flowers, evergreen plants, and the like cannot be established if
they are taller than three (3) feet above established curb grade.
For the last five (5) years, the Public Works Department has interpreted
Section 29.28, Visibility at Intersections, to mean that the visibility
triangle is measured along the property line. However, the Zoning
Ordinance states that the triangle is defined by the street lines ,of the
intersecting streets and a line connecting two (2) points on said street
lines 20 feet from the point of intersection. The Planning staff feels that
the use of term "street lines" in the Ordinance is confusing and leads to
an interpretation that the triangle is measured along the back of the curb
instead of along the property line which is also the edge of the right-of-
way. Therefore, staff has rewritten this section of the Zoning Ordinance
to clarify how the triangle should be measured.
An additional change has also been made to Section 29.28. That change
changes how the three (3) foot height of the fence, wall, or plant material
is measured. At the suggestion of the Traffic Engineer, the Ordinance
change proposes that such height will now be measured three (3) feet
above the elevation of the established street grade, measured at the curb
line at the intersection of the streets abutting the corner lot. Previously
the three (3) feet was measured from the top of the curb instead of at the
street grade. The Traffic Engineer feels the six (6) to eight (8) inch
difference is needed because many small cars are lower, making it difficult
for the driver to see if visibility is obscured three (3) feet above the top
of the curb.
Planning and Zoning Commission Recommendation: The Planning and
Zoning Commission reviewed this item at their meeting of September 19,
1990, and recommended that it be approved.
ALTERNATIVES:
1. The City Council can approve of the proposed technical amendment
to Section 29.28 of the Zoning Ordinance, and set November 13,
1990, as the date of Public Hearing.
2. The City Council can refer the proposed technical amendment to
Section 29.28 of the Zoning Ordinance back to City staff for addi-
tional information.
3. The City Council can deny approval of the proposed technical
amendment to Section 29.28 of the Zoning Ordinance, and set
November 13, 1990, as the date of Public Hearing.
3
MANAGER'S RECOMMENDED ACTION:
It is the recommendation of the City Manager that the City Council adopt
Alternative #1. This will approve of the proposed technical amendment to
Section 29.28 of the Zoning Ordinance, and set November 13, 1990, as the
date of Public Hearing on this amendment.
COUNCIL ACTION:
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