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Home My WebLink About11162020 ZPC Agenda Item 4 Page 1 of 5 City of West University Place Zoning and Planning Commission Meeting DATE: November 16, 2020 Agenda Topic: Residential side street yards adjacent to front yards. SUMMARY: The City Council has requested the Planning and Zoning Commission examine street side yard setbacks and fencing locations when adjacent to a residential front yard. STREET SIDE FENCING AND ADJACENT FRONT YARDS: A street side fence can be located at the property line, except for rotated lots within the SF-1 District. This can create a visibility issue, when a driveway is close to the property line of an adjacent street side yard (See Exhibit 1).An important note is that the existing home has a circular driveway,whereas the under- construction home has a typical driveway. Exhibit 1: Front- and ad'acent to street side and a C oar,~�1 v i Front Yard litiotti.d .,I.. \ •1, 1' >�,,._ ,r�r' i s `ids w 11 t. • • • '\, a. .,. � t a mow.... y ., 0. .i' �. i4Iii.,...,„ \ t e ....""f - . Tc L c'' a �� ,i, A ', c>0091 , x. SIGHT VISABILITY REQUIREMENTS FOR DRIVEWAYS: The City has driveway visibility triangles, which extend five feet from behind the back of sidewalk and where the driveway meets. In the case in Exhibit 1,this fence does not violate the driveway visibility triangle found in the Urban Forest Preservation and Enhancement Chapter. Urban Forest Preservation and Enhancement Excerpt: Sec-82 — Driveway Visibility Triangles "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 Page 2 of 5 City of West University Place Zoning and Planning Commission Meeting 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." DISCUSSION SETBACKS IN THE SF-1, SF-2,AND SF-3 DISTRICTS: The SF-1, SF-2 and SF-3 Districts allow a minimum of five feet setbacks to 10% of the lot width for the street side setback.The City of West University Place also has regulations for rotated lots in the SF-1 District. These regulations require a minimum of 10 feet street side setbacks and are increase based on the width of the building site for a maximum setback equal to the front-yard setback (See Zoning Ordinance Excerpt below). Although this only applies to one zoning district, and only a few lots, this regulation can be applied to other districts or something similar. Zoning Ordinance Excerpt: Table 7-2: Yards—Note 3 "Note 3. Rotated Corners. For rotated corner building sites (SF-1 District only), the minimum side street yard width is: (i) 10 feet if the building site width is 65 feet or less, (ii) 10 feet plus the distance by which the width of the building site exceed 65 feet, if the building site width is more than 65 feet but less than 75 feet, (iii) 20 feet if the building site width is 75 feet or more but less than 100 feet, or(iv) for building sites 100 feet wide or more,the side street yard width is determined by the same rules as the front yard depth, except that the "depth" of the building site is measured from the side street line." DEED RESTRICTIONS AND SETBACKS: The City of West University Place does not enforce deed restrictions. It is possible for the City to adjust the setback requirements for certain subdivisions that have increased setbacks. This step would ensure that subdivisions have setbacks as originally intended. POSSIBLE AMENDMENTS: The City has many options to lessen conflicting side and front yards. Alternatively, the ZPC can recommend no changes to the Zoning Ordinance. 1. Modify Fencing Regulations a. Modify the fence street side setbacks to either three or five-foot setback adjacent to front yards. This would provide a small distance from the property line for fences that are six to eight feet tall. b. Allow differing materials adjacent to front yards for street side fences. i. Fencing shall allow a minimum fifty(50%)percent opacity. Opacity: is the degree of openness which light or views are blocked measured perpendicular to the fence for each fence section between supports. Page 3 of 5 City of West University Place Zoning and Planning Commission Meeting c. Amend the fencing regulations to not allow street side yard fences at the property line. i. Require the fence to tie-into residential structure, similar to SF-1 rotated lot regulations. "Note 11.Rotated Corner Fences.Notwithstanding any other provision of this ordinance or any other ordinance, no fence is allowed in the side street yard of a rotated corner building site (SF-1 District),except for temporary construction fences required by Chapter 18 of the Code of Ordinances." 2. Setback requirements for Side Yard Adjacent to Side Street. a. Side yard fences shall be located within the side yard building setback and shall not extend beyond the building line of the side yard adjacent to a side street. 3. Setback Adjustment for street side lots adjacent to a front yard. a. Increased corner-side setbacks to match or be similar to those in the SF-1 rotated lots. i. This would increase legal-nonconforming properties and would negatively affect smaller parcels. Staff recommendation: Staff recommends discussion of topic for staff direction. Specifically, regarding properties with street side facing directly next to a a front yard facing lot,both potentially having driveways on the same side of the property. Fencing can cause visibility issues for either property, we also need to take into consideration the side yard properties desire to have privacy fencing similar to all other lots. After consideration possible negative impacts to small side street lots and safety for vehicles that need visibility. Page 4 of 5 City of West University Place Zoning and Planning Commission Meeting FENCE OPACITY Opacity(the degree to which light or views are blocked) is measured perpendicular to the fence section between supports I* Fence Section % ritui. PAA/Ili ne 'I ,liE Support 1 1111hI [lI1I1I!IU II II II Less than 50%opaque 50%opaque More than 50% opaque 3ft clearance ,- r ,,c �M ♦ .. . y�q':y. %wT .tea', �� a . 1e " . , i 1 µms, lew Page 5 of 5 City of West University Place Zoning and Planning Commission Meeting 5ft clearance � .41 :IS 1 'y+fid i 7' I 'G, ' ±C r'Y�y 41 "!7`': L y ,,� Y. • - ' '''.' 41% f..,..1:::14..:,.; 100001.-, . • , T 4 ..,,, ,,. . . ... .. . . . . . , , . ,, , . ,,... • 1 _ , ,, , , 1 I 1 i.. .... .. . . • :.: 1 _ .. „ ... . .. .,.,...4,777.r.,,-..,f•' , .. Table 7-6. Projections Schedule: Type Of Structure Maximum Allowed Projection(In Inches),Measured From The Inside Special Rules For Edge Of The Yard. Calculating Open&Pervious Areas Front Yard Rear Yard Side Yard SF Bufferyard Certain Basketball 120" No limit No limit No limit The area may count as both Accessory goals generally,but open area and pervious Structures see Note 7. area. Playground 0 No limit 0 No limit The area may count as both equipment open area and pervious area. Flagpoles 120" 0 0 0 The area may count as both open area and pervious area. Fences 0,but see No limit No limit,but No limit The area does not count as Notes 8.1, see Notes either open or pervious area. 8.2, and 12. 8.1,8.2,and 11 and 14. Swimming 0 0,but see 0,but see No limit The area counts as open pools Note 9 Note 9. area.Only the water area counts as pervious area. Tennis courts 0 0 0 No limit The area counts as open (with area but not pervious area associated (unless the area is made of screens) grass). Lights and No limit No limit No limit No limit The area may count as both lampposts generally,but generally,but generally,but generally,but see open area and pervious see Note 10. see Note 10. see Note 10. Note 10. area. Gate closers 24" No limit No limit No limit The area may count as both open area and pervious area. Signs(see No limit 0 0 0 The area does not count as Code of either open or pervious area. Ordinances) Note 8.1 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; 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, certain "fence-like hedges" and other things 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 pickets. Note 8.2. Fence-like hedges. Fence-like hedges within the front yard(setback) of a building site containing no principal building are prohibited. This provision applies to all adjacent side yard building sites and rear through building sites. Visibility triangles and visibility areas, as defined by this ordinance, are subject to further restrictions as contained in Chapter 82 of the Code of Ordinances. Note 11.Rotated Corner Fences. Notwithstanding any other provision of this ordinance or any other ordinance, no fence is allowed in the side street yard of a rotated corner building site (SF- 1 District), except for temporary construction fences required by Chapter 18 of the Code of Ordinances. Note 14. Street side yard fences next to front yards. A street side fence adjacent to a residential front yard located in the SF-1, SF-2 and SF-3 districts must be setback [three]/ffive feet] from the property line, [unless the fence remains visually open and transparent,] except for temporary construction fences required by Chapter 18 of the Code of Ordinances. 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