TO: Honorable Mayor & Members of the North Port Commission
FROM: Peter D. Lear, CPA, CGMA, City Manager
TITLE: An Ordinance of the City of North Port, Florida, Amending the Unified Land Development Code Related to Fences, by Amending Section 53-3, Section 53-240, and Section 61-3; Providing for Conflicts; Providing for Severability; Providing for Codification; and Providing an Effective Date
Recommended Action
Approve, modify, or deny Ordinance 2019-15 to be continued to second reading.
Recommended Action for Second Reading: Approve or deny Ordinance 2019-15.
Recommended Action for Third Reading: Approve Ordinance 2019-15, Petition TXT-18-296.
Background Information
In July 2018 a North Port resident requested that the ULDC be amended to allow for the 6-foot fence height limit in residential areas to be measured relative to the elevation at the location of house rather than the location of the fence. This would allow for fences that are taller than 6 feet if the house is at a higher elevation due to fill.
At a special Commission meeting on November 5, 2018, staff was directed to bring forward ULDC text amendments related to fence height and location. Specifically, per the approved minutes:
(1) Allow an eight-foot fence as measured from the elevation of the house (ground level at house) and around all sides (of the lot-no setbacks);
(2) Remove hedges from the language;
(3) Be sure to cross reference the landscaping section of the code bringing any necessary changes there to be consistent;
(4) Make sure the code is consistent within the language itself; and
(5) Review the visibility triangle language to be consistent with the changes.
Planning staff drafted the proposed amendments and reviewed them with staff in other departments with expertise in traffic safety and State Building Code requirements before finalizing the ordinance. During that process, several issues and potentially unintended consequences were identified that staff wanted to discuss with the Commission prior to finalizing the Ordinance.
These issues were discussed at a Special Meeting on March 7, 2019 and new direction was given. The issues generally fell into two categories: (A) Public and Traffic Safety, and (B) Construction and Site Development. This workshop is discussed in more detail in the staff report.
The proposed amendment would allow fence height to be measured from the elevation of the house rather than from the location of the fence and changes the allowed height from 6 feet to 8 feet. As a result of these changes to fence height regulations, visibility triangle language and design requirement language in Chapter 53 was amended. No obstruction to vision is permitted at driveway intersections from 3 feet above the grade of the street to 8 feet. Additionally, any fence 6 feet in height or greater must be designed to withstand winds of 150 miles per hour. This requires engineered plans to be submitted at the time of fence permit. A definition for stopping sight-distance triangle was added to Chapter 61 - Definitions to reflect the language requiring fence height not to obstruct the vision at driveway and roadway intersections.
The Planning & Zoning Advisory Board heard this item at their regularly scheduled meeting on November 21, 2019. Concerns were raised about safety, both if the fence were to fall and hit the adjacent homes and in the case of it creating a compound effect where nothing inside is visible. They expressed doubts about the ability of the inspectors to be able to properly determine that the fence meets the height standards from the home without additional equipment and/or training. There were multiple discussion points made about the aesthetics of very tall fences as well as the impact on the friendliness of the community. The Board recommended denial of the ordinance with a 4-1 vote.
Added for Second Reading:
The City Commission heard this item at a regular meeting on December 10, 2019. A motion was made to continue Ordinance 2019-15 to second reading on January 28, 2020 with changes to include a “grandfather clause” and to provide a 90-day written notice if it is determined Public Works needs the area occupied by the fence.
Added for Third Reading:
The City Commission heard this item at a regular meeting on January 28, 2020. A motion was made to bring back Ordinance No. 2019-15 for third reading with staff recommendation limiting the 8-foot maximum height. This direction was incorporated into the ordinance by adjusting the regulations regarding calculating height, lines 88-96.
Additionally, staff had a concern that was raised regarding the changes to this ordinance and the impact on the ability to install temporary fencing at construction sites. This is an important safety component, and staff wanted to ensure that it would be clearly permissible. Language has been added to the draft ordinance in lines 157-161, permitting temporary fencing at construction sites through the Temporary Use Permit process.
Strategic Plan
Update the Unified Land Development Code and City code to reflect best practices, current priorities, and legal compliance.
Financial Impact
N/A
Procurement
N/A
Attachments:
1. Ordinance 2019-15 for Third Reading
2. Ordinance 2019-15 for Second Reading
3. Ordinance 2019-15
4. Staff Report with Exhibits, TXT-18-296
Prepared by: Alison Christie, Senior Planner
Department Director: Frank Miles, MPA, Director, Neighborhood Development Services