Loading...
HomeMy WebLinkAbout2024-06-03 G01 Chapter 165 Fences, Walls, Hedges_PH AGENDA ITEM: CITY OF WAUKEE, IOWA CITY COUNCIL MEETING COMMUNICATION MEETING DATE: June 3, 2024 AGENDA ITEM: Public Hearing on an ordinance to amend Chapter 165, Zoning Regulations, Definitions and General Regulations, by amending Section 165.15, Fences, Walls, and Hedges FORMAT: Public Hearing SYNOPSIS INCLUDING PRO & CON: Chapter 165.15 of the Waukee Municipal Code contains the regulations for fences, walls, and hedges. Currently, the Code allows a fence up to 6- feet in height to encroach into a secondary front yard on a corner lot if a 20-foot setback from the property line is maintained. Fences 4-feet or less in height are permitted to encroach into the entire secondary front yard. The purpose of the required setback for fences greater than 4-feet in height is to prevent visibility issues at street intersections and for aesthetic purposes. In recent years, the Board of Adjustment has received several requests for variances to allow a fence to encroach further into the required setback for fences greater than 4-feet in height. The proposed Ordinance would reduce the setback requirement from 20-feet to 15-feet within the secondary front yard along a corner lot. Staff feels that the proposed change will maintain visibility at street intersections as well as reduce the number of variance requests received by the Board of Adjustment. FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS: COMMISSION/BOARD/COMMITTEE COMMENT: The Planning and Zoning Commission reviewed the proposed Ordinance at their meeting held on May 28, 2024 and recommended approval: Approval of an ordinance to amend Chapter 165, Zoning Regulations, Definition and General Regulations, by amending Section 165.15; Fences, Walls, and Hedges Andy Kass, Community Development Director, introduced the request for approval of proposed amendment to Chapter 165 – Zoning Ordinance. Chapter 165.15 of the Waukee Municipal Code contains the regulations for fences, walls, and hedges. Currently, the Code allows a fence up to 6-feet in height to encroach into a secondary front yard on a corner lot if a 20-foot setback from the property line is maintained. Fences 4-feet or less in height are permitted to encroach into the entire secondary front yard. The purpose of the required setback for fences greater than 4-feet in height is to prevent visibility issues at street intersections. In recent years, the Board of Adjustment has received several requests for variances to allow a fence to encroach further into the required setback for fences greater than 4- feet in height. G1 The proposed Ordinance would reduce the setback requirement from 20-feet to 15-feet within the secondary front yard along a corner lot. Staff feels the proposed change will allow people more use of their yard while maintaining visibility at street intersections, as well as reduce the number of variance requests received by the Board of Adjustment and potential litigation. Staff requests consideration of the proposed ordinance. Discussion as follows:  Discussion/overview of the slide/photo included in the presentation  General discussion of collector street vs local streets; Andy provided information that this change affects only local streets due to the existence of landscape buffers along collector streets  General discussion of fence materials and Board of Adjustment processes; keeping the change to 15 feet avoids City staff having to navigate and approve/deny requests based on materials (see-through vs solid materials) Motion by Commissioner Broderick for approval of an ordinance to amend Chapter 165, Zoning Regulations, Definition and General Regulations, by amending Section 165.15; Fences, Walls and Hedges, seconded by Commissioner Lohse. Ayes: Broderick, Streit, Beenken, Lohse, and Bankole. Nays: None. Motion carried. STAFF REVIEW AND COMMENT: RECOMMENDATION: Hold the Public Hearing. ATTACHMENTS: I. Planning & Zoning Commission Memo II. Proposed Amendment PREPARED BY: Andy Kass, Community Development Director REVIEWED BY: PUBLIC NOTICE INFORMATION – NAME OF PUBLICATION: Dallas County News DATE OF PUBLICATION: May 23, 2024 M emo Waukee City Hall 230 Highway 6 Waukee IA 50263 Office: (515) 987-4522 Cell: (515) 705-8231 Facsimile: (515) 987-1845 To: Planning and Zoning Commissioners From: Andy Kass, AICP – Community Development Director Date: May 28, 2024 Re: Proposed Amendment to Chapter 165 – Zoning Ordinance Attach: Proposed Ordinance BACKGROUND Chapter 165.15 of the Waukee Municipal Code contains the regulations for fences, walls, and hedges. Currently, the Code allows a fence up to 6-feet in height to encroach into a secondary front yard on a corner lot if a 20-foot setback from the property line is maintained. Fences 4-feet or less in height are permitted to encroach into the entire secondary front yard. The purpose of the required setback for fences greater than 4-feet in height is to prevent visibility issues at street intersections and for aesthetic purposes. In recent years, the Board of Adjustment has received several requests for variances to allow a fence to encroach further into the required setback for fences greater than 4-feet in height. PROPOSED ORDINANCE The proposed Ordinance would reduce the setback requirement from 20-feet to 15-feet within the secondary front yard along a corner lot. Staff feels that the proposed change will maintain visibility at street intersections as well as reduce the number of variance requests received by the Board of Adjustment. STAFF RECOMMENDATION Staff would request your consideration for the proposed ordinance. 165.15 FENCES, WALLS, AND HEDGES. 1. Specifications. Notwithstanding other provisions of these zoning regulations, fences, walls, and hedges may be permitted in any required yard, or along the edge of any yard; provided, no fence, wall, or hedge shall exceed four feet in height within the building setback area adjacent to any public right-of-way. Six-foot-high fences are allowed only outside front yard building setback areas. (A “front” yard may be along the side or the rear of a home, if adjacent to the street.) Fences, walls, and hedges in any district other than M- 1, M-1A and M-2 districts not exceeding six feet in height are permitted within limits of side and rear yards. In M-1, M-1A and M-2 districts, fences, and walls shall not exceed a height of eight feet. 2. Attractiveness of Face of Fence. For all new fences, the face of the fence shall be equally attractive on both sides. However, if one side of the fence is considered less attractive because of structural members, etc., the less desirable side of the fence shall be directed toward the developing property or away from the public right-of-way. 3. Double Frontage Lots. In the case of double frontage lots, the minimum setback on the secondary front yard shall not be less than 10 feet provided no landscaping buffer exists for a fence up to six feet in height. In the case that a landscape buffer exists, the minimum setback shall not be less than the width of the landscape buffer easement with an arterial or collector street forming the rear property line for a fence up to six feet in height. 4. Corner Lots. In the case of fences on corner lots, fences not exceeding six feet in height are permitted in the secondary front yard provided a minimum setback of 20 15 feet from the property line is maintained.