To: Mark Hafner, City Manager
From: Julie Smith, Community Development Director
Subject:
Title
PUBLIC HEARING: Consider an ordinance approving amendments to the City of Keller Unified Development Code (UDC), adopted by Ordinance No. 1746 dated July 7, 2015, by amending Article 8 - Zoning Districts, Development Standards, Tree Preservation, related to fence requirements; authorizing publication; provide for penalties; and establishing an effective date. City of Keller, applicant. (UDC-20-0008)
Analysis:
The current Unified Development Code (UDC) fence regulations were amended in August 2019 and December 2019.
After the proposed changes were implemented, contractors and residents still found the text was challenging to navigate because of duplications and lack of organization. In addition to addressing these issues, staff also proposed one change (requested by the City Council, driven by public inquiry) to address challenges for homeowners of corner lots related to setbacks and fence materials.
Proposed Staff Changes:
-Relax the setback for fences on corner lots, with a required vision clip
-Relax the setback for fences adjacent to a future thoroughfare with no plan for build-out of the thoroughfare in the next five years
-Substitute the term of art “rot/kick boards” as an alternative to “bottom caps” to ensure integrity of the fence
-Clarify requirement for swing gates in or adjacent to drainage ways/easements
-Allowing privacy fences next to passive parks
-Clarify safety measures for swimming pool barriers
-Clarify the requirements for drive-gates in smaller zoning districts
-Clarify safety measures for temporary construction fences
-Expand exceptions and clarify requirements for agricultural use fences
-Clarify allowable fencing for multi-family properties with four or less units
Proposed P&Z Changes:
-The fence material “wood” was added back into the allowable materials.
-The requirement for a self-closing, self-latching mechanism on all gates leading to a swimming pool has been added back in. (It had been inadvertently deleted in the initial draft.)
-The requirement for “a half-acre or greater” has been removed from the larger zoning districts (SF-20 and above) for drive gates.
-Temporary Construction fences is now located in both 8.11 and 8.12 due to the ordinance referencing both residential and non-residential projects.
The sections that have been red-lined and marked through have been re-located within the ordinance for better organization and ease of understanding (Exhibit A). Staff also has attached a “clean” version that incorporates all the proposed changes (Exhibit B).
Citizen Input:
An amendment to the text of the UDC requires a public hearing notice to be published in the local newspaper ten (10) days prior to the scheduled Planning and Zoning Commission meeting date and fifteen (15) days prior to the City Council meeting date. The notice for the City Council public hearing was published in the December 13, 2020, edition of the Fort Worth Star-Telegram.
Planning and Zoning Commission Recommendation:
On November 10, 2020, the Planning and Zoning Commission voted to table the item until the December 8, 2020, meeting to provide time for the Commissioners and Staff to review the proposed changes made by Commissioner Sagar.
On December 8, 2020, the Planning and Zoning Commission voted unanimously to recommend approval of the item with modifications (all modifications have been implemented in Exhibit “A”):
8.11(J)(1) added, “within or immediately.”
8.11(J)(2) added, “that.” Also added the last sentence, “If approved, the fence shall meet all other applicable criteria as set forth in this Code.”
8.11(K) Added “an” and “and/or.”
8.11(M)(3) removed “apartment” and added “main structure.”
8.11 (O)(3)(a) added :”Sliding gates may also be considered for a drive gate.”
8.12 (E) added, “Vinyl fencing is prohibited.”
8.12(I)(1-4) the whole section was added for swimming pool fences, with the exception that “apartment” was added back in, “main structure” was removed on (I)(4). The materials were also listed in 8.12(I)(1) because the general materials for non-residential and multi-family are not all compatible.
Alternatives:
City Council has the following options when considering an amendment to the text of the UDC:
- Approve as submitted.
- Approve with modifications or additional amendment(s).
- Table the agenda item to a specific date with clarification of intent and purpose.
- Deny.