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Home My WebLink AboutA002 - Council Action Form dated August 28, 2001 ITEM # DATE 08/28/01 COUNCIL ACTION FORM SUBJECT: MOTION TO APPROVE A TEXT AMENDMENT TO THE ZONING ORDINANCE AMENDING THE REGULATIONS REGARDING FENCING HEIGHT AND SETBACK REQUIREMENTS. BACKGROUND: Since March 14, 2001, there have been seven applications submitted to, and reviewed by, the Zoning Board of Adjustment requesting variances to allow fences in excess of four feet in height along the functional rear yards of through lots (lots, other than corner lots, which have frontage on two streets). The Zoning Board of Adjustment has approved all seven requests. As a result of the increase in variance requests to allow fences taller than four feet within the functional rear yards, the Zoning Board of Adjustment is requesting that the City Council direct staff to analyze the fencing regulations and propose modifications, if applicable. Staff's analysis is outlined below. ANALYSIS: CHANGE IN REGULATIONS. The City began operating under a new Zoning Ordinance in May of 2000. As a result, fences over four feet in height located in functional rear yards of through lots are now prohibited. The change occurs under the specific requirements for fences. The fencing regulations from both Zoning Ordinances, previous and current, are provided below: Previous: "Section 29.27. Fences and Walls. In any "A-1", "S-R", R1-10", 6'R1-6", 66R-2", "R2-753, "R-Y, "R-4", or "H-M" District, fences and walls not exceeding six (6) feet in height are permitted within the limits of the side and rear yards. A fence or wall not exceeding four (4) feet in height is permitted within the limits of the front yard. In the case of retaining walls, supporting embankments, the above requirements shall apply only to that part of the wall above ground surface of the retained embankment. In all other districts, fences and walls are permitted not exceeding eight (8) feet in height within the limits of any yard." Current: "Section 29.408(2) Fences. (a) Types of Fences. These standards apply to walls, fences and screens of all types whether open, solid, wood, metal, wire, masonry, or other material. (b) Location and Height. (i) The maximum height for fences in required front building setbacks is 4 feet. (ii) The maximum height for fences in required side or rear building setbacks is 8 feet. (iii) The maximum height for fences that are not placed in required setbacks is 10 feet. (iv) In the case of retaining walls and supporting embankments, the above requirements shall apply only to that part of the wall above ground surface of the retained embankment." The main difference between the two ordinances is the specific reference in the current Zoning Ordinance to "required (front, side or rear) building setbacks". In the previous Zoning Ordinance the fence height was regulated in the (front, side or rear) "yards". The change in wording was intentional, as it was the objective to limit the impact of tall fences on interior lots at corner lot situations. There are instances of six-foot high fences on corner lots directly abutting a four-foot high fence (or no fence) within the front yard of an interior lot (See Exhibit A). Under the previous Ordinance, the corner lot would be permitted a six-foot high fence because the fence would be located in the functional side yard, while the interior lot would only be permitted a four-foot high fence because it would be located in the functional front yard. Under the current Ordinance, the corner lot would be allowed to place a four-foot fence within the required front yard setback area, which is consistent with what would be allowed on interior lots. However, if the corner lot wished to place a six-foot high fence adjacent to the street sides of the lots, it must meet the required building setback for front yards. Therefore, promoting compatibility between corner and interior lots. The situation on through lots (lots, other than corner lots, which have frontage on two streets) is similar. Under both Ordinances through lots are required to provide front yard setbacks adjacent to each street. The through lot regulations from both Zoning Ordinances, previous and current, are provided below: Previous: "Section 29.31 . Front Yards for Through Lots. On through lots, the required front yard shall be provided on both streets." Current: "Section 29.402(5). Through Lots and Corner Lots. On through lots, and corner lots with two or more abutting streets, the required front yard setback shall be provided on all streets." 2 Therefore, the requirement to provide front yard setbacks on both streets abutting through lots is not new. However, the fence regulations previously prohibited fences exceeding four-feet in height within the front yard while the new regulations prohibit fences exceeding four-feet in height with the required front yard setback. The new regulations would allow a four-foot high fence to be installed right up to the property line adjacent to a public roadway. However, any fence taller than four-feet would have to meet the required setback (25 feet in residential districts). This modification was intentional as it was the objective to limit the "tunnel effect" of tall fences being placed right up to the property line fronting onto public roadways (see Exhibit B). It is conceivable that six-foot high fencing could be installed along the "functional" rear lot line of all through lots, which would create a stark, unpleasant appearance within our neighborhoods and community. The intent of the new regulation was to provide a more open landscape for pedestrians and motorists. PROPOSED FENCING REGULATIONS. In response to the increasing demand by single-family property owners for six-foot high fences and the request by the Zoning Board of Adjustment and City Council to examine the regulations, staff is proposing the following modifications to the fencing regulations (the changes are highlighted in bold italics): 29.408(2) Fences (b) Location and Height. (i) The maximum height for fences in required front building setbacks is 4 feet, except, (a) In the case of Through Lots a maximum fence height of 6 feet is permitted along the functional rear lot line, subject to a 5-foot setback being provided with a landscaping element equal to 1 landscape tree for every 50 lineal feet and 2 high or 3 low shrubs for every 10 lineal feet of area to be planted. The landscaping should be planted within the 5-foot setback area; (b) In no instance is a fence which is taller than 4 feet in height permitted within the functional front yard. For the purposes of this section, the functional front yard is defined as that area located between the main front wall of the residence and the front lot line. (v) All fencing shall meet the requirements of the visibility triangle as defined in Section 29.408(5) of the Municipal Code. These proposed modifications would allow property owners on through lots to place six-foot high fences within the required front yard setback of the functional rear yard subject to a five-foot setback and landscaping being provided. Staff believes that the proposed five-foot setback requirement and landscaping element will soften the impact of the tall, solid fences along the public streets. An existing example of this is illustrated in Exhibit C attached to this report. As is clearly evident from the photo, the starkness of the six-foot high fence is lessened by the existence of landscaping. Staff believes that it is important to include the five-foot setback requirement and landscaping element in the modified fencing requirements. 3 FENCING FOR WIRELESS COMMUNICATION FACILITIES. While reviewing the fencing requirements and reviewing two recent wireless communication facility applications, staff discovered an additional section of the Zoning Ordinance that we believe needs to be updated. The section of the Ordinance is illustrated below: "Section 29.1307(7)(f). An opaque fence shall be installed around the antenna support structure and other equipment unless the antenna is mounted on an existing structure. The fence shall be a maximum of 6 feet in height and serve to screen the base of the structure and improve security." The regulation currently limits the height of fencing, which is intended to enclose and screen the wireless communication facility, to six feet. In most cases, this is not even tall enough to screen the communication equipment located on the ground. Staff is recommending that the height limitation be removed from the regulation (see the proposed regulation below). The general fencing requirement of the Zoning Ordinance, Section 29.408(2) as outlined earlier in this report, would be utilized to govern the maximum height. Staff also believes that the regulation is too vague in regards to fencing materials. Staff would recommend that the regulation be modified to specify that wood, masonry, or other materials consistent with the existing structures on the proposed site, be utilized for the fencing surrounding these locations. The proposed regulation, including both of staff's modifications, is illustrated below (changes are in bold italics): "Section 29.1307(7)(f). An opaque fence constructed of wood or masonry material, or other substantial material, which is consistent with the existing structures on the proposed site and approved by the Zoning Board of Adjustment, shall be installed around the antenna support structure and other equipment unless the antenna is mounted on an existing structure." The proposed regulation eliminates the maximum fence height from this section of the ordinance and also provides specific requirements for fencing materials that must be utilized to enclose the wireless communication sites. SUMMARY. Staff believes that the regulations regarding fences were modified with the adoption of the current Zoning Ordinance intentionally. Staff is agreeable to a modification of the current regulations, as proposed in the report. Staff believes that it is imperative to include the five-foot setback requirement and landscaping element for six-foot tall fences located within the functional rear yards of through lots, adjacent to public streets in order to reduce the impact of these tall fences on pedestrians and motorists within our neighborhoods and communities. Staff also believes that a modification to the wireless communication facility section of the ordinance is appropriate in order to insure proper screening and safety around these sites. 4 RECOMMENDATION OF THE PLANNING & ZONING COMMISSION: The Planning and Zoning Commission reviewed the proposed text amendments to the Zoning Ordinance regarding fencing height and setback requirements and approval was recommended. ALTERNATIVES: 1. The City Council can approve the text amendments to the Zoning Ordinance regarding fencing height and setback requirements. 2. The City Council can deny the text amendments to the Zoning Ordinance regarding fencing height and setback requirements. 3. The City Council can approve the text amendments to the Zoning Ordinance regarding fencing height and setback requirements, with modifications. 4. The City Council can refer the recommended text amendments to the Zoning Ordinance regarding fencing height and setback requirements back to staff for further review and comment. RECOMMENDED ACTION: It is recommended that Alternative #1 be adopted. Alternative #1 recommends that the text amendments to the Zoning Ordinance regarding fencing height and setback requirements be approved. 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