Loading...
39-95 FAILED ON FIRST READING - 7/11/95 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 4.6.5, "WALLS, FENCES, AND HEDGES", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, FLORIDA, TO REDUCE THE MAXIMUM HEIGHT OF WALLS, FENCES AND HEDGES WITHIN FRONT YARD SETBACKS AND AT INTERSECTIONS TO ELIMINATE SIGHT OBSTRUCTIONS; PROVIDING AN AMORTIZATION CLAUSE; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the subject matter at its meeting of June 19, 1995, and has forwarded the change with a recommendation of approval by a vote of 5 to 2; and WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the change is consistent with and furthers the objectives and policies of the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: ~_~ That Chapter Four, "Zoning Regulations", Article 4.6, "Supplemental District Regulations", Section 4.6.5, "Walls, Fences, and Hedges", of the Land Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: Section 4.6.5 Walls, Fences, and Hedges (A) Relationship to travelways: N~/%4Halls, fences, hedges, or similar structures shall not be erected in the public right-of-way nor close to the public right-of-way in a manner which the City Engineer determines will obstruct visibility or otherwise interfere with the proper flow of vehicular traffic, pedestrian safety, or the provision of services. On a corner lot. fences or walls shall not be erected or maintained at a height exceeding three feet (3') within twenty-five feet (25') of the intersection measured from a Point where the extension of ultimate right-of-way lines ~ee~, (B) Dangerous features: No walls, fences or hedges shall contain any substance such as, but not limited to, barbs, broken glass, nails or spikes, nor shall a fence be electrically charged. However, two feet of barbed wire may be placed upon a six foot or higher fence in nonresidential zone districts. FAILED ON FIRST READING - 7/11/95 FAILED ON FIRST READING - (C) Height Restrictions: Any wall, fence or hedge located in a ~¢~¢~ front yard shall not exceed six feet (6') in height. In the requir~ front ~etback. the maximum height shall be three feet (3'), If it can be clearly demonstrated that a site obstruction is Dot created, the height limit within the front setback may be incrgased to a maximum height of four feet (4'). Any wall, fence or hedge located in aa ~¢~¢~ interior side or rear yard shall not exceed eight feet (8') in height. Such height is further regulated by subsection (A), above. (D) Amortization Clause: Fences. walls and hedges in existence as of July 25. 1995. shall comply with the above height restriction by July 25. 2000. Section 2. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. ~ect~Qn 3. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. ~_~ That this ordinance shall become effective immediately upon passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 1995. MAYOR ATTEST: City Clerk First Reading Second Reading - 2 - Ord. No. 39-95 FAILED ON FIRST READING - 7/11/95 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER SUBJECT: AGENDA ITEM ~ ~ - MEETING OF JULY 110 1995 FIRST READING FOR ORDINANCE NO. 39-95 (WALLS. FENCES AND DATE: JULY 7, 1995 This is first reading for Ordinance No. 39-95 which amends Section 4.6.5 of the Land Development Regulations concerning walls, fences and hedges. The purpose of the amendment is to reduce the maximum height of fences in front yards from 6 feet to 3 feet to eliminate sight obstructions. It also includes a maximum height restriction of 3 feet within the sight triangle area at intersections (within 25 feet of the intersection of the two streets). Commission directed staff to pursue this amendment on April 4, 1995. The Planning and Zoning Board considered this matter at public hearing on June 19, 1995, and recommended adding an amortization clause of five years for the removal of existing sight obstructions. The Board voted 5 to 2 (Frank Wheat and Louis Carbone dissenting) to recommend approval of the amendment as modified. The dissenting members did not oppose the amendment, but were opposed to the amortization clause. The Development Services Management Group discussed the amortization clause on June 22nd, at which time concerns over the impact of enforcement were expressed by staff. Recommend approval of Ordinance No. 39-95 on first reading without the amortization clause. If passed, a public hearing will be held on August 1, 1995. ref:agmemol5 CITY COMMISSION DOCUMENTATION TO: DAVID T. HARDEN, CITY MANAGER FROM: PAUL DO PRINCIPAL PLANNER SUBJECT: MEETING OF JULY 11, 1995 ORDINANCE AMENDING SECTION 4.6.5 OF THE LAND DEVELOPMENT REGULATIONS - (WALLS, FENCES AND HEDGES) ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is approval on first reading of a LDR text amendment to Section 4.6.5 for Walls, Fences, and Hedges. BACKGROUND: Current regulations allow a maximum height of eight feet (8') for fences and waits within the side interior and rear yards. A maximum of six feet (6') is allowed in the required front yard. In many cases, fences with a height of 6' in front yards creates sight obstructions. To avoid this situation in the future as well as similar potential problems at intersections the attached amendments are proposed. At its meeting of April 4, 1995 the City Commission directed staff to pursue modifying the LDR's to reduce the maximum height of fences in the front yard. The proposed amendments provide for a reduction in fence height from six feet (6') to three feet (3') within the front setback area. This fence height can be increased to a maximum of four feet (4') if it can be demonstrated that the increase in height would not create a sight obstruction. The amendment proposal also includes a maximum height restriction of three feet (3') within the sight triangle area at intersections (within 25' of the intersection of the two streets). City Commission Documentation Consideration on First Reading of an Ordinance Amending LDR Section 4.6.5 (Walls, Fences & Hedges) Page 2 PLANNING AND ZONING BOARD CONSIDERATION: The Planning and Zoning Board considered this item at its meeting of June 19, 1995. One person spoke during the Public Hearing (Alice Finst) with respect to requiring plantings in front of fences installed at single family homes. The Board recommended adding an amortization clause of five (5) years for the removal of existing sight obstructions. The Board voted 5 to 2 (Frank Wheat and Louis Carbone dissenting) to recommend approval of the amendment as modified. The two dissenting members did not oppose the amendment but were opposed to the amortization clause. This amortization clause was discussed by the Development Services Management Group on June 22, 1995 at which time concerns over the impact of enforcement were expressed by staff. The clause has been included in the attached language. RECOMMENDED ACTION: By motion, approve the amendment to Section 4.6.5 of the Land Development Regulations without Section 4.6.5(D) (Amortization Clause). Attachment: * Proposed LDR Amendment S:WALLS.DOC Section 4.6.5 Walls, Fences, and HedQes: (A) Relationship to travelways: No Walls, fences, hedges, or similar structures shall not be erected in the public right-of-way, nor close to the public right- of-way in a manner which the City Engineer determines will obstruct visibility or otherwise interfere with the proper flow of vehicular traffic, pedestrian safety, or the provision of services. On a corner lot, fences or walls shall not be erected or maintained at a hei,qht exceedinR three feet (3') within 25' of the intersection measured from a point where the extension of ultimate ri.qht of way lines meet. (B) DanQerous features: No walls, fences, or hedges shall contain any substance such as, but not limited to, barbs, broken glass, nail, or spikes nor shall an fence be electrically charged. However, two feet of barbed wire may be placed upon a six foot or higher fence in nonresidential zone districts. (C) Hei.qht Restrictions: Any wall, fence, or hedge located in a reflaired front yard shall not exceed six feet (6') in height. In the required front setback the maximum hei.qht shall be three feet (3'). If it can be clearly demonstrated to the satisfaction of the Chief Buildin.q official or his designee that a site obstruction is not created1 the height limit within the front setback may be increased to a maximum hei,qht of four feet (4'). Any wall, fence, or hedge located in an ~ interior side or rear yard shall not exceed eight feet (8') in height. Such height is further regulated by subsection (A), above. (D) Amortization Clause: Fences, walls and hed,qes in existence as of July 25, 1995 shall comply with the above hei,qht restriction by July 25, 2000.