Loading...
57-95 FAILED ON FIRST READING - 10/10/95 ORDINANCE NO. 57-95 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, TO RESTRICT THE MAXIMUM HEIGHT OF WALLS, FENCES AND HEDGES WITHIN FRONT YARD SETBACKS AND AT INTERSECTIONS TO ELIMINATE SIGHT OBSTRUCTIONS; RESTRICTING THE USE OF CERTAIN FENCE TYPES IN FRONT AND STREET SIDE YARDS UNLESS SCREENED BY HEDGING; 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 September 18, 1995, and has forwarded the change with a recommendation of approval by a vote of 6 to 0; 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: Section 1. 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~/~Halls, 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 ~9 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 riaht-of-wav lines meet. Fence~ hedaes and walls shall not be erected or maintained at a height exceeding three feet ~3') in the front yard setback if it creates a sight obstruction to neighboring properties. FAILED ON FIRST READING - 10/10/95 (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. (C) Height Restrictions: Any wall, fence or hedge located in a ~~ front yard or street side yard shall not exceed six feet (6') in height. 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~ Fence _T_F~D~es: Chain link. board on board, and shadow box fences are prohibited in the front and street side yards unless scregne~ b_v hedges. (E) Amortization Clause: Fences. walls and hedaes in existen~ ~ of Qctober 3. 1995. which are deemed to create a traffic sight obstruction shall comply with the above height restrictions by QctQber 3. 2000. $gGtion 2. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 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. Section 4. 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 , ~995. MAYOR ATTEST: City Clerk First Reading Second Reading - 2 - Ord. No. 57-95 FAILED ON FIRST READING - 10/10/95 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~ SUBJECT: AGENDA ITEM # /~'P' - MEETING OF QQTOBER 10. 1995 FIRST READING FOR ORDINANCE NO. 57-95 (WALLS..FENCES AND HEDGES) DATE: OCTOBER 4, 1995 This is first reading for Ordinance No. 57-95 which amends Section 4.6.5 of the Land Development Regulations concerning walls, fences and hedges. Commission directed staff to pursue this amendment on April 4, 1995. An initial proposal was considered on July llth, at which time several members of the public spoke in opposition to the 3 foot height restriction proposed for front yard setbacks. The Commission denied the amendment and directed staff to redraft it so that it would address both the public and Commission concerns. The purpose of the revised amendment is threefold: (1) It includes the previous recommendation to restrict the height of walls, fences and hedges within front yard setbacks and at intersections if they obstruct visibility or otherwise interfere with sight triangles. Additional language has been added which prohibits installation of hedging, walls or fences in the front yard if they create a sight obstruction. (2) Restricts the fence types which can be used in front yards unless screened by hedging. (3) Includes a five year amortization clause to apply only to fences, walls and hedges which create traffic sight distance conflicts. The Planning and Zoning Board considered the proposed amendment at public hearing on September 18, 1995, and voted 6 to 0 to recommend that it be approved. They did add additional language of "or street side yard" to Section 4.6.5(C) to clarify that a 6 foot height limit applies to the street side yard. Recommend approval of Ordinance No. 57-95 on first reading. If passed, a public hearing will be held on October 24, 1995. ref:agmemol5 CITY COMMISSION DOCUMENTATION TO: DAVID T. HARDEN, CITY MANAGER THRU: D RECTOR DEP.~TMENT O""~F PLANING AND ZONING PRINCIPAL PLANNER SUBJECT: MEETING OF OCTOBER 10, 1995 ORDINANCE AMENDING SECTION LDR SECTION 4.6.5 FOR 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 (Walls, Fences and Hedges). BACKGROUND: On April 4, 1995 the City Commission initiated a LDR text amendment to Section 4.6.5. The amendment was initiated in part to address aesthetic concerns of certain fence types in the front yards as well as sight obstructions caused by the current height Amendments to this LDR section were before the Planning and Zoning Board at their June 19, 1995 meeting. The amendment considered a reduction in fence height from six feet (6') to three feet (3') within the front setback area. Further, the amendment proposal included a maximum height restriction of three feet (3') within the sight triangle area at intersections (within 25' of the intersection of the two streets). 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. The City Commission considered the amendment at their July 11, 1995 meeting at which time several members of the public spoke in opposition to the 3' height restriction in the front yard setback including Sandra Almy (Beach Property Owners Association), Helen Coopersmith (PROD), Joe Kamarata (Tropic Palms), and Conrad Sittler. After lengthy discussion the City Commission denied the proposed amendment. The City City Commission Documentation Amendment to LDR Section 4.6.5 Walls, Fences, and Hedges Page 2 Commission then directed staff to draft an amendment that would address both the public's and the Commission's concerns and accommodate the following; * Restriction of chain link, board on board, and shadow box fences in all front yards unless they are screened with hedging. * Amortization clause is to apply only to fences, walls and hedges which create traffic sight distance conflicts. * Continue to include previous amendments relating to provision of sight triangles. * Add additional language which prohibits installation of 6' hedging, walls or fences in the front yard if they create a sight obstruction. The attached LDR amendment language has incorporated the above items. PLANNING AND ZONING BOARD CONSIDERATION: The Planning and Zoning Board considered this item at its meeting of September 18, 1995. No one spoke during the public hearing. The Board recommended approval of the LDR amendment on a unanimous (6-0) vote. After consideration by the Planning and Zoning Board the additional language of "or street side yard" was added to Section 4.6.5. (C) to provide clarification that a 6' height limit applies to the side street yard. RECOMMENDED ACTION: By motion, approve the first reading of an amendment to the Land Development Regulations Sections 4.6.5 Attachments: * Proposed LDR Amendment City Commission Documentation Amendment to LDR Section 4.6.5 Walls, Fences, and Hedges Page 3 Section 4.6.5 Walls, Fences. and Hedoes: (A) Relationship to travelways: Nc 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 height exceeding three feet (3') within 25' of the intersection measured from a point where the extension of ultimate right of way lines meet. Fences. hedges and walls shall not be erected or maintained at a height exceeding three feet in the front yard setback if it creates a sight obstruction to neighboring properties. (B) Dangerous 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) Height Restrictions: Any wall, fence, or hedge located in a r-ee~aimd front yard or street side yard shall not exceed six feet (6') in height. 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) Fence Types: Chain link. board on board, and shadow box fences are prohibited in the front and street side yards unless screened by hedges. (E) Amortization Clause: Fences, walls and hedges in existence as of October 3. 1995 which are deemed to create a traffiC sight obstruction shall comply with the above height restrictions by October 3. 2000. S:FENCE.DOC £1T¥ JIF DELRR¥ BER£H CLERK 1993 September 27, 1995 Ms. Genevieve Young ~ 5500 MacArthur Boulevard N.W. Washington, D.C. 20016 Re: PropQ.~ed Amendment for Walls. Fences and Hedqes Dear Ms. Young: As requested, enclosed please find a copy of the'Planning and Zoning Memorandum Staff Report, together with a copy of the proposed amendment to Section 4.6.5 of the Land Development Regulations concerning walls, fences and hedges. The City's Planning and Zoning Board considered this item on September 18, 1995, and voted 6 to 0 to recommend that the amendment be approved. An ordinance to effectuate the change will now be drafted and will be considered on first reading by the City Commission on October 10, 1995. If passed on first reading, a public hearing will be scheduled for second reading of the ordinance on Tuesday, October 24'~ 1995. If you have any questions or need additional information, please do not hesitate to contact me. Sincerely, Alison MacGregor Harty City Clerk AMH/m Enclosures THE EFFORT ALWAYS MATTERS Printed on Recyc~d P&oer PLANNING AND ZONING MEMORANDUM STAFF REPORT MEETING OF: SEPTEMBER 18, 1995 AGENDA ITEM: V, H. AMENDMENT TO LDR SECTION 4.6.5 FOR WALLS, FENCES, AND HEDGES ITEM BEFORE THE BOARD: The item before the Board is that of making a recommendation to the City Commission regarding an amendment to Section 4.6.5 of the Land Development Regulations (Walls, Fences, and Hedges). BACKGROUND: On April 4, 1995 the City Commission initiated a LDR text amendment to Section 4.6.5. The amendment was initiated in part to address aesthetic concerns of certain fence types in the front yards as well as sight obstructions caused by the current height maximums. The current regulations allow a maximum height of eight feet (8') for fences and walls within the side interior and rear yards. A maximum of six feet (6') is allowed in the front yard. Amendments to this LDR section were previously before the Board at their June 19, 1995 meeting. The amendment considered in June provided for a reduction in fence height from six feet (6') to three feet (3') within the front setback area. This fence height could be increased to a maximum of four feet (4') if it was demonstrated that the increase in height would not create a sight obstruction. Further, the amendment proposal included a maximum height restriction of three feet (3') within the sight triangle area at intersections (within 25' of the intersection of the two streets). During the public hearing one person spoke (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. The City Commission considered the amendment at their July 11, 1995 meeting at which time several members of the public spoke in opposition to the 3' height restriction in the front yard setback including Sandra Almy (Beach Property Owners Association), Helen Coopersmith (PROD), Joe Kamarata (Tropic Palms), and Conrad Sittler. After lengthy discussion the City Commission denied the proposed amendment. The City Commission then directed staff to draft an amendment that would address both the Planning and Zoning Memorandum staff report LDR Amendment of LDR Section 4.6.5 (Walls, Fences & Hedges) Page 2 public's and the Commission's concerns. The revised amendment is now before the Planning and Zoning Board for consideration. ANALYSIS: At the July 11, 1995 City Commission directed staff to modify the proposed LDR language to accommodate the following; * Restriction of chain link, board on board, and shadow box fences in all front yards unless they are screened with hedging. * Amortization clause is to apply only to fences, walls and hedges which create traffic sight distance conflicts. * Continue to include previous amendments relating to provision of sight triangles. * Add additional language which prohibits installation of 6' hedging, walls or fences in the front yard if they create a sight obstruction. The attached LDR amendment language has incorporated the above items. ALTERNATIVE ACTIONS: Continue with direction. Recommend approval of the LDR amendment to Section 4.6.5. Recommend denial of the LDR amendment with reason stated. R. ECOMMENDED ACTION; By motion, recommend approval of the amendment of Section 4.6.5 of the Land Development Regulations to the City Commission. Attachments * Proposed LDR amendment Section 4.6.5 Walls, Fences. and Hedges: (A) Relationship to travelways: Ho 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. 01~ a corner lot, fences or walls shall not be erected or maintained at a height exceeding three feet (.3') within 25' of the intersection measured from a point where the extension of ultimate right of way .lines meet. Fences, hedges and walls shall not be erected or maintained at a height exceeding three feet in the front.'yard .setback if it creates a sight obstruction to neighboring properties. (B) Dangerous 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) Height Restrictions: Any wall, fence, or hedge located in a ~ front yard shall not exceed six feet (6') in height. Any wall, fence, or hedge located in an me, aired interior side or rear yard shall not exceed eight feet (8') in height. Such height is further regulated by subsection (A), above. (D) Fence Types: Chain link. board on board, and shadow box fences are prohibited in the front and street side yards unless screened by hedges. (E) Amortization Clause: Fences, walls and hedges in xi e of October 3, 1995 which are deemed to create a traffic sight obstruction shall comply with the above height restrictions by October 3, 2000.