Fences, Walls and Drinking Establishments

City Council Public Meeting

July 7, 2015

Fences and Walls Background

• At their Jan. 13th meeting, City Council requested Planning staff to review our fencing and wall standards.

• With a focus on whether fences along saltwater canals should be open or reduced in height as they approached the canals in order to maintain views of the waterways for adjacent property owners.

Background Continued

• Staff made presentations to the City Council at their March 10 and March 31 workshops.

• Based on City Council’s direction, Planning staff prepared an ordinance and presented it to the PLDRB at a May 20 workshop.

• On June 3, the PLDRB recommended by a 6-0-1 vote, that City Council pass the ordinance.

Consensus on the Following Updates• Allow more colors for metal & vinyl fences.• Stop requiring fences to be setback 3 feet from

canals, golf courses and ROWs and drop those required planting areas.

• Stop requiring shrubs along fences facing a street. • Allow pre-cast concrete fences in wood, stone, and

brick patterns.• Within 20 feet of saltwater canals require fences to

be open or reduced in height to 4 feet.

Proposed Change to Sec. 4.01.02.A.1.c.

b. No fence or wall shall interfere with drainage on a site.c. Fences and walls may be located within a utility an easement as long as they do not interfere with utilities; provided, however, that such structures be are subject to removal and replacement at the property owner’s expense by the requesting utility agency.

Planning staff suggests this definition.

Landscape feature: An embellishment to the natural environment by blending man-made or natural materials with plantings in order to improve the outdoor aesthetics of a property. E.g Landscape features, which include decorative planters, stone work, brick work shall not exceed 3 feet in height. A landscape feature, as defined herein is not a fence or wall.

Example of a Landscape Feature

Another Example of a Landscape Feature

Drinking Establishments Background

• Planning staff made a presentation to the City Council at their March 10 workshop.

• Planning staff prepared an ordinance based on City Council’s direction and presented it to the PLDRB at their May 20 workshop.

• On June 3, the PLDRB recommended by a 6-0-1 vote, City Council pass the ordinance.

Drinking Establishments Summary • Modified our land use standards so bars, taverns and

nightclubs are not allowed in the OFC and COM-1 Districts. • Modified our thresholds for distinguishing from higher and

lower intensity bars. Previously this was discotheques and live entertainment and now it would be outdoor entertainment.

• Updated our terminology on drinking and eating establishments to improve their clarity and the breakdown of allowable uses in Table 3-4.

• These new definitions include: bottle club, civic club, drinking establishment, microbrewery, fast-food restaurant, and sit-down restaurant.

Recommendation

Planning staff recommends City Council approve this ordinance amending our LDC’s standards on fences, walls, and drinking establishments, as presented.

Fences, Walls and Drinking Establishments

City Council Public Meeting

July 7, 2015

Discussion of Fences and Walls

PLDRB and Staff Differences #1• Fence: An artificially constructed vertical barrier

constructed of wood, vinyl, or metal erected to enclose, restrict access to, screen, or separate areas. An open fence is one having at least 50% visibility. Decorative open fencing material not exceeding a height of four (4) feet, a length of sixteen (16) feet, and a total of two in any one yard that is erected along with planted shrubs or flowers as a man-made landscape feature that does not enclose, restrict access to, or screen areas is not considered a fence. (Planning staff suggests deleting the last sentence shown in red.)

PLDRB and Staff Differences #2• Wall (when referred to as a fence): An artificially

constructed vertical barrier that is typically solid and constructed of stone, brick or masonry erected to enclose, restrict access to, screen, or separate areas. Decorative wall materials not exceeding a height of four feet enclosing or partially enclosing a landscaped area with planted shrubs or flowers that are created as a landscape feature and do not restrict access to the property are not considered a wall. (Planning staff suggests deleting last sentence shown in red.)

Existing LDC

4.01.02. Fences and walls A. General requirements. 1. Setbacks, orientation, and placement. a. Fences shall be installed with the finished

side facing the exterior of the property. b. No fence or wall shall interfere with drainage on a site.

Permit Taller Fences for Sports Facilities?

Lower Intensity Bars and ZoningPermitted in COM / Special Exception in OFC

Higher Intensity Bars and ZoningPermitted in COM-3 / Special Exception in COM-2