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Home My WebLink About03232009 ZPC Agenda Item 3 AGENDA MEMO BUSINESS OF THE CITY COUNCIL CITY OF WEST UNIVERSITY PLACE, TEXAS AGENDA OF: March 23, 2009 AGENDA ITEM: 4B DATE SUBMITTED: March 13, 2009 DEPARTMENT: Public Works PREPARED BY: Debbie Scarcella, PRESENTER: Steve Brown, ZPC; Debbie City Planner Scarcella, City Planner SUBJECT: Public Hearing on a proposal to amend the zoning regulations regarding fences, visibility and emergency access ATTACHMENTS: Proposed amendment EXPENDITURE REQUIRED: N/A AMOUNT BUDGETED: N/A ACCOUNT NO.: N/A ADDITIONAL APPROPRIATION REQUIRED: N/A ACCOUNT NO.: N/A EXECUTIVE SUMMARY This proposal amends Chapter 18 of the Code of Ordinances to require "emergency portals" in fences, walls and other obstructions. The main purpose is to allow access to all sides of each building within the City, so that firefighters and emergency personnel can enter the building, place ladders, fight fires, etc. Emergency portals could be: (i) gates or doors with key boxes allowed by the International Fire Code, or (ii) breachable gates or fence segments (usually wood or wrought iron). This proposal maintains some access to utility easements where they intersect streets by requiring one such portal in the easement area (this would most often apply at the rear of a corner lot). Existing ordinances restrict fences, trees and other obstructions in so-called "visibility triangles." There are two types. The larger type (with 20-foot sides) is located where two streets intersect. The smaller type (with five-foot sides) is located where a driveway and a sidewalk intersect. The restrictions for each type are different, and they are found in different ordinances. This proposal consolidates the rules for both types into Chapter 82 of the Code of Ordinances, and it harmonizes them. The proposal defines a new "front yard visibility area" and restricts "fence-like hedges" in that area. There are conforming amendments for the Zoning Ordinance, including amendments of definitions and cross-references to the new provisions in Chapters 18 and 82 of the Code of Ordinances. RECOMMENDATION Staff and the Zoning and Planning Commission recommend holding the public hearing. Proposal relating to fences, visibility and emergency access 2-12-09 Amend Sections 18-208 and 18-210 of the Code of Ordinances, as follows: Sec. 18-208. Fenee Ememencv portals; visibility areaseate. _ (a) Generally: location The primary _pun?ose of this subsection is to provide access to all sides of each building, so that firefighters and emergency personnel can enter the buildin , place ladders fight fires etc if such access is blocked by fences walls or other obstructions, there must at least two emergency portals, each with a minimum width of 30 inches and they must be located to allow access to the sides and rear of the building, as follows: (1) Usually there must be one portal on each side of the building facing the front street line, but on corner sites one may face the side street line. (2) If there is a fiilly or partially-enclosed utility easement that intersects a street area adjacent to the site there must be an emergency portal to allow emergency access to the easement area from the street area. (b) Allowed types ofportals An emergency portal maybe either: (i) a gate or door with a key box complying with the International Fire Code (see X506 1) or (ii) a breachable fence segment or gate A segment orate is "breachable" if it is primarily made of wood or wood substitute (not thicker than one inch in either case) or wrought iron. (c) Certain existing,, obstructions Until May 1 2014, it is an affirmative defense to prosecution for lack of emergency portals that: G) existing fences walls or other obstructions blocked the required access on May 1 2009 and (ii) they were not replaced. or structurally altered thereafter. (d) Visibility areas Fences walls and other thinks are forbidden in certain visibility areas. See Chapter 82 of this Code. with a minin+um opening of 30 imhes must be built for- ingress tad egfess into the easemen The gate ; e'i °ri`ee` s-. Sec. 18-210. Masonry construction. Masonry fences must be made of brick, vitrified clay tile, concrete tile, or monolithic reinforced concrete, and must be built according to the following specifications: (1) At least eight inches thick for double-wall construction, which shall be either brick, vitrified clay tile, or concrete tile; at least six inches thick for single-wall construction, which shall be only of brick or monolithic reinforced concrete construction. (2) Pilasters shall be placed on not more than 12-foot centers, or adequate steel reinforcing shall be placed in the whole fence. (3) Expansion joints shall be placed on not more than 24-foot centers. • • (4) The fence shall have a foundation which shall rest on drilled footings sunk to approved bearing soil. Such footings shall be not less than 12 inches in diameter, and each footing shall have not less than four one-half-inch ties on three-foot centers. Foundation beams shall be not less than 12 inches wide and not less than 18 inches deep with not less than four five-eighths- inch reinforcing rods and three-eighths-inch ties, on not less than 30-inch centers. (5) pub}ie- eat. Emergency portals may be required; see above. Amend Section 82-7 of the Code of Ordinances as follows: Sec. 82-7. Visibi[i areas; trees. hedges I etc. (a) Obstructions prohibited Obstructions are prohibited in visibility areas as indicated in the following table: area Qhstrncfions prohibited Point frir vertical rrrcr~st,rrernent I)ri~cn,i;, ri'JI1116 _ An-, j)irt of.i k2lice, (_IYOLHILi IcVelat thr 1ri.~n~L' C" plant or othet, thlnu itbon c ha-'(: of*the d)ree ub5tniAlon I It_,,Ind ~ISihiIit~ _111} lcr~c~ Iihc h~~~a,t_~~ith Ground I~~e( at t11c IrC~15 - 1~r.inclIe~ nI 1i?ll i~'e ahul (our 1)a5C ol'IIIQ feet anti below ei ht.leet. k)bItructi0rl Street isibilit~ rc hr iti hcs or ioliaLc ti's irest_tdice of tI'i(111~'1C~ b~1~~1~' Cl~ ht Icct III'(1 an'' lttrt roldw iy haVepienL of any iffier piant above thrce or gutter tt~ct. (b) Conduct unlativful. It shall be unlawful for any person tom plant, grow, construct, install. or maintain any obstruction prohibited by this section or (ii) allow any such obstruction on property the person owns or controls. plat-A has (or- probably will hE~ve) a 4.t g. 'at- th _-H fl-iff-, :fi-P PA A-4-3 s- iT th- e qtreet p 4er- fie~v- -heig 14 shall be unlawful far- any pefsen to plafAi, grow of maWain a tfee whieh has bffiflehes 0 f:61iage widiin or- above a visibility tfieffigle at a hei& lewef than 15 feet above the s4feet gta4e fiew line. 14 is pfesumed that a per-son whe owas or- eentFels real pfepefty within the ei (c) Certain trees It is an affinnative defense to prosecution for a tree in a driveway visibility area that the tree was planted before July 1 ,...1992 and has no limbs or foliage below six feet. (d) Certain Ance-like hedges Until May 1 2011, it is an affirmative defense to prosecution related to a fence-like hedge that (i) the hedge was in existence and not in compliance with this section on the date this section became effective and (ii) it did not become more non-compliant after that effective date. In Section 82-1 of the Code of Ordinances, delete the existing definition of "visibility triangle" and insert the following new definitions (to be inserted in alphabetical order with the others): Driveway visibility triangle means the area within a triangle beginning at the intersection of the edge of a driveway and the inside edge of a sidewalk (i.e., the edge farthest from the roadway). From the intersection point, the first side of the triangle extends five feet inward (away from the roadway) along the edge of the driveway, the second side of the triangle extends five feet along the edge of the sidewalk away from the driveway, and the third side is a straight line connecting the extended ends of the first two sides. If there is no sidewalk, the building official shall designate the probable location of a future sidewalk, which shall then be used as if it were an existing sidewalk. A typical driveway will have two such triangles, one on each side. The visibility triangle may include both public and private property. The building official may prepare example diagrams showing driveway visibility triangles. Fence-like hedge means a linear arrangement of trees, shrubs or other plants with trunks, branches or foliage overlapping or touching within eight feet of the ground. The arrangement can be a single or multiple line, straight or curved. Front yard visibility area includes the front yard of each site, except for the part within ten feet of the inside edge of the front yard (the inside edge is sometimes referred to as the "building line"). Normally, the front-yard visibility area is a rectangle. Example: If a front yard is twenty feet deep, the front yard visibility area is ten feet deep. The building official may prepare example diagrams showing front yard visibility areas. Street visibility triangle means the area at a street corner lying within a triangular area beginning at the intersection point of the curbs of the two streets forming the corner (which will normally be a tangent point on a curved curbline). Sides of the triangle extend 20 feet along each curb line (away from the intersection point, following any curves in the curb). The third side is a straight line connecting the extended ends of such 20-foot curb-line sides. If there is no curb on such a street, the central flow line of the gutter or ditch is used instead. The triangle may include both public and private property. The building official may prepare example diagrams showing street visibility triangles. Visibility area includes a street visibility triangle, a driveway visibility triangle and front- yard visibility area. Visibility triangle includes a street visibility triangle and a driveway visibility triangle. Amend Article 2 of the Zoning Ordinance by deleting the definition of "driveway visibility triangle" and amending the definition of "visibility triangle," as follows: inter-seetion point of the edge of a dr-iveway -Aind dhe inside edge of a sidewalk (i.e., the edge i i feet inward (away ft-em the roadway) along the edge of the driveway, the seeand side of the tfiangle exteads five feet along the edge of the sidewalk away 4effi the dfi,,,eway, and the third side is a strai& line eenneefing the extended ends of the fifst two sides. if there is fie sidewalk, theft be used as if it wefe an existing sidewalk. A typieO driveway will have ~we sueh , site. example diagram showing dr-iveway visibility tr4angles is attaebed to this ordinance and made paA hereo4= Visibility triangle. This term includes both "driveway visibility triangle" a&4efiffied-i* this Ofdinaaee-and "street visibility triangle" as defined in Chapter 82 of the Code of Ordinances. Amend both pages of Table 7-5a of the Zoning Ordinance as follows: Visibility The following r ~ idde o p ft of ^ building gl stmet" pats of triangles Forbidden + within visibility t"o wee structures, +h things taller- than n ft. st,e,4o. than 8.0 de€*itiens plants and This does -no wa4 of 4fees in existeffee off iii 4 le other things ttl 1, 1992, 4-.See Chapter 82 of the 2-- Code of Ordinances. Amend Note 8 of Table 7-6 of the Zoning Ordinance as follows: Note 8. Fences. Fences may project into front and side yards to the extent expressly required or authorized by City ordinance (e.g., provisions in Chapter 18 of the Code of Ordinances requiring front fences for temporary construction purposes and to screen nonresidential uses; provisions in PDD schedules for front fences). Also in the Code of Ordinances there are: (i) requirements for emergency portals in fences (Chapter 18) and (ii) restrictions on fences, "fence-like hedges" and other thins in visibility areas (Chapter 82). -In a QMDS low fences (3.5 feet or lower) may be located anywhere, if made of ornamental metal or white pickets. N ■ ■ oint Public Hearings March City Council and Zoning and Planning Commission 4 T{ ♦ t{ f yWM t ~ ; r t ~ 4& ; y~ j Ys ors JointftbW Hwfing'-Y23M9 tv ''4~~kx :.s«.... . me:. a~ > - - ~ .'.Y t..... -==-~tr~. .::s.~ ....~.Ss ~v .:♦.wua[ - S~ - - - - - - - - - - - - - - - - - - - - - - - - 1 I Yards(Setbacks) a r- _ ~ r... , I ;bt Re-or i r ~ 4 A common configuration: 1 e ~ t!1 a C; 3c 1 -L Cs 1 1 t .gym t 1 m t +►,r Y aRr> I f ! ~ cam I 1 1 "r . , ~a cam' r'ssi I-----------------------1 sx Joint Public Hearing 3/23/09 Proposal 1 Stub Driveways in certain front yards (setbacks) • Existing ordinance: ► Limits pavement in front yards: parking., maneuvering areas dead-end or stub driveways • ► Exception houses on "major thoroughfares" can have afront-yard turnaround - Joint Public Hearing 3/23/09 5 .77 Al ° ' I a irk < `E ~ i x; t W vt'- n Joint Public Hearing 3/23/09 a. r - - - - ~ PIS i~ w~ " L 1 K> ~i ' A t i 1 h' ~ 1 1 r. rot , y y~ a ~ ' ■ tjt dom No a.. am low" awift M~ Proposal 1: Stub Driveways ► ZBA cases-- variances ---front-yard turnarounds ---Buffalo Speedway ► ZBA a/erted ZPC • ► Better to adopt a genera/ rule? Joint Public Hearing 3@3/09 Proposal 1: Stub Driveways • Purpose of proposak ► Imp ro ve traffic safety ► Preserve character of front yards • Joins Public Hearing 3/23/09 Proposal 1: Stub Driveways Main points: ► Applies to sites accessible only from a • roadway marked for 4 /apes or more (mayor thoroughfares plus Buffalo Speedway) ► Allows stub driveways in front yards . • "'only to the extent that existing structures or obstructions make another location impractical" Joint Public Hearing 3/23/09 Proposal 1: Stub Driveways . Detai/5: • Max, width: 9 feet (plus aprons) Max. length.- 24 feet, including main driveway (longer on wider sites) • Max, apron size: 2 feet Joint Public Hearing 3/23/09 Proposal 1: Stub Driveways c • T~ r<,7. • 40 4W r~rti~ ~a c mac..,. ' Joint Public Hearing 3/23/09 Proposal 1: Stub Driveways More Details. Location: Not closer than 2 feet to property line or public sidewalk Pervious pavement required: at least 50%lperviou5 `planted to resemble a lawn " Joint Public Hearing 3/23/09 Proposal 1 : Stub Driveways I t t 044 Y Joint Public Hearing 3/23/09 Comment Public • (on Proposal .z t a E. ; 4 t x t . et Joint Public Hogg Proposal 2 Fences, Visibility and Emergency Access • Existing ordinance: ► Restricts fences, trees, obstructions only in "visibility triangles" • ► Does not require emergency access through fences Proposal 2: Fences, etc. i x~ ra.tc~. Rouse STREET VISIBILITY TRIANGLES (20 feet) DRIIVEWAY VISIBILITY TRIANGLES (5 feet) Y, Joint Public Hearing 3/23/09 s ~m,.,~ IIA~II,.,.ll~l..~ w 1~ l ^II~j T w PAS w1A > s ~ a vw'~- X li lily ,q, A~."r k II11~M Y ~"'+r ■ c -G lr - ~ f Kf~ I, I L_ - _ r..__ !x' AAA >s 4l Joint Public Hearing 3/23/09 . * w » s . - ~ r -IF ■ > mow, I ~ I s " a ,r 5 t ~ nrt I :.ky x wF, 1"'ke he' dge across I _ n A lr r ling. `p , L{ Joint Public Hearing 3/23/09 Proposal 2: Fences, etc. Purposes of Proposal: ► Enhance public safety ► Protect visibility and "streetscapes" ~ ►Allow emergency access to all sides of buildings Joint Public Hearing 3/23/09 Proposal 2: Fences, etc. r s «a ss~ r u~ x 40, c1able. efs '''s v ~ xi. ',r « r. • r. K pan iw~ r, s y r 4 `,'1` Joint Public Hearing 3/23/09 ,..~s ...,201 Proposal 2: Fences, etc. Visibility amendments. • ❖ D efines "front yard visibility area " (7 0 feet deep, at least) Restricts "fence-like hedges" (above four feet and ,below 8 feet) ❖ Sets a two-year grace period for existing • hedges ❖ Consolidates and harmonizes visibility-related regulations a: :1St 4 Joint Public Hearing 3/23/09 Proposal 2: Fences, etc. Emergency access amendments: ► Requires two "emergency portals ~ ---through fences, walls, obstructions ---one on each side of a building ► Emergency portals can be ❖ Gates or doors with key boxes per lFC ❖ Breathable gates or fence segments (wood or wrought iron) ~ ➢ Requires one Aorta/ where easement area touches street Establishes afive-year grace period for existing obstructions kr' . Joint Public Hearing 3/23/09 Proposal 2: Fences, etc. i 7 f r r x v s k u y s ""40 ..L 3 a ~ _ ~ La- III 'Ila 4r, S . e Breathable Breathable Key box 09 ■ Public Comment (on Proposal } x vy~ ~ r ' l s r s ;i 1 t~ - } r `'t t t 5 ' O~.F ay £r i , Joint Public Hexing.!IZVW