To: Planning and Zoning Commission
From: Julie Smith, Community Development Director
Melinda Hernandez, Code Compliance Coordinator
Subject:
Title
PUBLIC HEARING: Consider a recommendation of amendments to the City of Keller Unified Development Code, adopted by Ordinance No. 1746 dated July 7, 2015, by amending Article 3 - Definitions; Article 8 - Zoning Districts, Development Standards, Tree Preservation, to amend fence requirements; authorizing publication; provide for penalties; and establishing an effective date. City of Keller, applicant. (UDC-19-0004)
Body
Fence Code Background:
The current Unified Development Code (UDC) fence regulations were adopted in 2015 as a part of the UDC update. Given the significant increase in the number of variance requests in recent years, staff proposes simplifying the fence ordinance for easier implementation and less frustration for applicants.
Analysis:
Between June 1, 2016 (the day we began to conduct final inspections on fences) and February 1, 2019, there were 423 applications for new fences submitted. Approximately 16.78% of these applications resulted in a special exception or variance request. These requests currently require approval by the Planning and Zoning Commission and the City Council. Once the commission is comfortable with the new fence ordinance the intent is to make the Zoning Board of Adjustment the authoritative board.
Residents and contractor/developers are also requesting fences and signage for developments under construction so that the projects under construction are screened from public view but also raise public interest in the future development-something the current code does not contemplate.
Staff is proposing the changes to appropriately reflect the needs and desires of the current community and future development.
Proposed Use Changes:
Timing of Fence Permit Submittal. The proposed changes are going to
§ Clarify when a fence permit is required.
§ Provide definitions for Drainage Way, Development Sign and Fence
Wrap (Mesh Screen)
§ Provide for construction screening
§ Provide for construction signage
§ Clarify language of construction materials
§ Provide for a simpler variance process.
Past Commission Suggestions:
1. Change the language “even the smallest repair” to language reflecting the replacement of a panel, post, or ten percent (10%) of the fence. Staff is recommending an eight foot (8’) span to incorporate other types of fencing besides wood panels, i.e. wrought iron.
2. Allow a maximum of six feet (6’) open fence in the front and side yard in the zoning districts of SF-20, SF-25, SF-30, and SF-36 for lots at least a half-acre or more in size. This suggestion has been incorporated.
3. Remove the material “vinyl” from the language because of concern for quality. It was also a recommendation to add a recycled material with a 30-year warranty. Because the closest match staff could find was one with a 25-year warranty, staff simply added “masonry” to the “masonry façade” definition. This would allow Trex-like products to be used for fencing.
Past City Council Suggestions:
1. Consider using metal posts as a requirement. This has been incorporated into the proposed amendments.
Public Notice:
Amendments to the text of the UDC require a public hearing notice to be published in the local newspaper ten (10) days prior to the scheduled Planning and Zoning Commission meeting date. The notice for the Planning and Zoning Commission public hearing was published in the May 26, 2019 edition of the Fort Worth Star-Telegram.
Alternatives:
The City Council has the following options when considering an amendment to the text of the UDC:
§ Recommend approval as submitted
§ Recommend approval with modifications or additional amendments(s)
§ Table the agenda item to a specific date with clarification of intent and purpose
§ Recommend denial