08-16-05 Item 11CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER - OFFICE MEMORANDUM
To: Honorable Mayor, Vice Mayor &
Commission Members
_ -1 t
From: Maria V. Davis l—
City Manager b
South Miami
AII•AmrficaCky
m
2001
Date: August 16, 2005
ITEM No.
Re: LDC Amendment:
Height of Fences Adjacent
To a Right -of -Way
ORDINANCE
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA; AMENDING SECTION 20 -3.6 (H)
(2) (c) OF THE LAND DEVELOPMENT CODE OF THE ,CITY OF
SOUTH MIAMI TO ELIMINATE THE REQUIRED MINIMUM 60%
OPEN AREA ON THE TOP TWO (2) FEET OF FENCES ADJACENT TO
A RIGHT- OF-WAY; PROVIDING FOR SEVERABILITY; PROVIDING
FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE
DATE.
BACKGROUND
The City Manager on behalf of a member of the City Commission has requested consideration
of changing the one section of the regulations governing the height of fences adjacent to rights -
of way. At present Section 20- 3.6(H) of the South Miami Land Development Code provides
that all fences, walls, gates and trellises are limited in height to six feet above grade, except
where the fence is along a street in a side yard. A side yard fence or wall that faces a street can
not exceed four feet in height. However two additional feet may be added if that two foot
portion of the fence or wall is at least 60% open or can be seen through. The proposed
amendment to this section would allow six foot high fences, walls , gates, and trellises to be
solid by eliminating the requirement that the top two feet (three feet if a gate) must be open or
see through.
PROPOSED AMENDMENT
A specific amendment ordinance was considered and modified on first reading at the December
7, 2004 Commission meeting. The Ordinance was then deferred and sent to the Planning Board
for review and comment. Following additional reviews and suggestions of alternative changes
by the Planning Board, the City Commission again considered the proposed (Dec. 2004) draft
ordinance at its meeting on August 2, 2005. At that time the ordinance was modified again and
approved on first reading. The amendment section of the Code is as follows: (new wording added is
shown in bold/underlined; language to be removed indicated by stFike *ugh)
LDC Amendment
August 16, 2005
Page 2 of 3
(LDC) Section 20 -3.6
(H) Physical Barriers.
(1) All fences, walls, trellises and hedges may be erected on or along a property line, but shall not
extend into official public rights -of -way or project on or over adjacent properties.
(2) Height limit. Residential:
(a) Chain link fences will not be permitted on required yards adjacent to a right -of -way.
(b) In required side yards , fences, walls, and trellises (excluding
arbors) shall not exceed six (6) feet in height above grade.
(c) In required front yards adjacent to a right -of -way, fences, walls, trellises, gates and hedges
shall not exceed four (4) feet in height above grade. Fences and walls may be increased by two
(2) feet in height above grade and gates may be increased by three (3) feet above grade provided
that the upper two (2) feet of the fence and wall surface and the upper three (3) feet of the gate
between vertical supports is designed as a uniform pattern with a minimum of sixty (60) percent
open area.
(i)Wooden fences exceeding four (4) feet in height along rights -of -way shall provide for a
minimum of sixty (60) percent open area for all portions between four (4) and six (6) feet in
height above grade. The graphic "Wooden Fence Types" includes an example of both an
unacceptable and acceptable prototypes.
(ii) Masonry walls exceeding four (4) feet in height along rights -of -way shall provide a
minimum of sixty (60) percent open area for all portions between four (4) and six (6) feet in
height above grade. No portion of any solid masonry wall above four (4) feet in height above
grade along rights -of -way shall exceed sixteen (16) inches in width. This is to
provide for vertical support (per Section 20- 3.6(H)(2)(c)) of screening material. The remaining
balance of open area may be screened by metal worker lattice or any other non - masonry
screening material. A minimum of sixty (60) percent open area shall be maintained. The graphic
"Masonry Wall Types" includes an example of both an unacceptable and acceptable prototypes.
PLANNING BOARD ACTION
The Planning Board considered the issue at its March 8 and May 10, 2005 meetings. The Board
at its May 10, 2005 meeting reviewed a compromise proposal which: (1) maintains the
requirement that the top two feet of a wooden fence facing a side street must have some portion
of it open; (2) maintains the requirement that the top two feet of a concrete wall facing a side
street must have a required open area of at least 40 % but can not exceed 60% and concrete
columns must be the standard 1' 4" in width; (3) Provides that the 4' high solid portion of walls
and fences facing a side street can be increased if the wall or fence is moved back from the
property line and landscaping installed abutting the wall or fence.
The Planning Board's alternative ordinance was reviewed by the City Commission at its August
2, 2005 meeting, however, the Commission determined to consider its version, incorporating
some of the Planning Board's recommendations.
LDC Amendment
August 16, 2005
Page 3 of 3
STAFF OBSERVATIONS
(1) The proposed amendment is in response to the observation of several examples of six foot
high wood fences with very unattractive upper two feet of lattice wood.
(2) The above amendment as modified by the City Commission would allow all walls, gates,
and fences in side yards to be solid up to six feet above grade. Front yards facing a street
would remain limited to four feet but could increase to six feet if the extra two feet has a
60% open area. Two additional revisions expanding the width of concrete columns and
removing the requirement that lattices be made of wood were added at the August 2, 2005
meeting.
RECOMMENDATION
It is recommended that the City Commission adopt on second reading the proposed amendment
ordinance. The specific amendment language is shown above and is included in the attached
draft ordinance.
Attachments:
First reading ordinance, approved by City Commission
LDC Sec. 20 -3.6 Existing Graphics
Planning Board Minutes Excerpt 5 -10 -05
Public Notices
MD/DOD /SAY
EXomm Items \2005 \8 -16 -05 \LDC Amend Fences Report.doc
1 City Commission Ord.
2 Approved Pt reading 8-2-05
3
4 ORDINANCE NO.
5
6
7 'AN ORDINANCE OF THE MAYOR AND CITY
8 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA
9 AMENDING SECTION 20 -3.6 (H) (2) (c) OF THE :LAND
to DEVELOPMENT CODE OF THE CITY OF SOUTH MIAMI
11 TO MODIFY THE REQUIRED, MINIMUM 60 %o OPEN AREA
12 ON THE TOP TWO (2) FEET OF FENCES ADJACENT TO .A
13 RIGHT -OF -WAY; PROVIDING FOR SEVERABILITY;
14 PROVIDING FOR ORDINANCES IN CONFLICT; AND
15 PROVIDING AN EFFECTIVE DATE.
16
17
18
19 WHEREAS, the City of ;South Miami heretofore enacted a Land
20 Development Code on October 25, 1989, which Code in Section 20 -3.6 (H) (2)
21 provides for height limits on fences, walls, trellises, and hedges; and
22
23 WHEREAS, the City of South Miami heretofore amended the Land
24 Development Code on June 1, 1993, providing conditions for height limits on
25 fences, walls, trellises, and gates; and
26
27 WHEREAS, the Mayor and City Commission felt that the existing
28 conditions are too restrictive and on December 7, 2004 considered on first
29 reading an ordinance modifying the regulations pertaining to height limits on
30 fences and walls; and
31
32 WHEREAS, the Planning Board at its May 10, 2005 meeting, after a
33 public hearing, adopted a motion by the vote of 5 ayes 0 nays recommending
34 approval of an alternative amendment ordinance pertaining to height limits on
35 fences and walls; and
36
37 WHEREAS, the Mayor and City Commission of the City of South Miami
38 considered the recommendation of the Planning Board and determined that it is
39 appropriate to adopt a modified version of the ordinance reviewed and amended at
40 the Commission meeting on December 7 2004.
41
42 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND
43 CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA
44 THAT:
45
46 Section 1. Section 20-3.6(H) of the Land Development Code is amended
47' to read:
1 (2)
2
3 LDCI Section 20 -3.6
4 "(H) Physical Barriers.
5
6 (1) All fences, walls, trellises and hedges may be erected on or along a property line,
7 but shall not extend into official public rights -of -way or project on or over
8 adjacent properties.
9
10 (2) Height limit. Residential.'
11
12 (a) Chain link fences will not be permitted on required yards adjacent to a right -of -way.
13
14 (b) In required side yards net w *„eew .. a ,Might — fences, walls, and trellises,
15 (excluding arbors) shall not exceed six (6) feet in height above grade.
16
17 (c) In required ront yards adjacent to a right -of -way fences, walls, trellises,
18 gates and hedges shall not exceed four (4) feet in height above grade. Fences and
19 walls may be increased by two (2) feet in height above grade and gates may be
20 increased by three (3) feet above grade provided that the upper two (2) feet of the
21 fence and wall surface and the upper three (3) feet of the gate between vertical
22 supports is designed as a uniform pattern with a minimum of sixty (60) percent ,
23 open area
24
25
26 (1) Wooden fences exceeding four (4) feet in height along rights -of -way shall
27 provide for a minimum of sixty (60) percent open area for all portions between
28 four (4) and six (6) feet in height above grade. The graphic "Wooden Fence
29 Types" includes an example of both an unacceptable and acceptable prototypes.
30
31 (ii) Masonry walls exceeding four (4) feet in height along rights of -way shall
32 provide a minimum of sixty (60) percent open area for all portions between four
33 (4) and six (6) feet in height above grade. No portion of any solid masonry wall
34 above four (4) feet in height above grade along rights -of -way shall exceed sixteen
35 LL6) inches in width. This is to provide for vertical support (per
36 Section 20- 3'.6(H)(2)(c)).of screening material. The remaining balance of open
37 area may be screened by metal worker lattice or any other non- masonry
38 screening material. A minimum of sixty (60) percent open area shall be
39 maintained. The graphic "Masonry Wall Types" includes an example of both an
40 unacceptable and acceptable prototypes.
41
42
43
44 Section 2. If any section, clause, sentence or phrase of this ordinance is held to
45 be invalid or unconstitutional by any court of competent jurisdiction, the holding
46 shall in no way affect the validity of the remaining portions of this ordinance.
47
48
49 Section 3. All ordinances or parts of ordinances in conflict herewith be and the
1
(3)'
2
3
same are hereby repealed.
4
5
Section 4. This ordinance shall take effect immediately at the time of its passage.
6
7
8
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PASSED AND ADOPTED this day of
; 2005
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ATTEST:
APPROVED:
12
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CITY CLERK
MAYOR
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15t Reading -
18
2nd Reading-
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20
READ AND APPROVED AS TO FORM:
COMMISSION VOTE:
21
Mayor Russell:
22
Vice Mayor Palmer:
23
Commissioner Wiscombe:
24
Commissioner Birts - Cooper:
25
Commissioner Sherar:
26
CITY ATTORNEY
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E: \Comm Items\2005 \8- 16- 05\LDC Fences Ord
Commission.doc
SOUS
•.
INC RATED •
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CITY OF SOUTH MIAMI
PLANNING BOARD
Regular Meeting Action Summary Minutes
Tuesday, May 10, 2005
City Commission Chambers
7 :30 P.M.
EXCERPT
I. Call to Order and the Pledge of Allegiance to the Flag
Action: The meeting was called to order at 7:35 P.M.
Action: The Pledge of Allegiance was recited in unison.
II. Roll Call
Action: Mr. Morton, Chairperson, requested a roll call.
Board members present constituting a quorum: Mr. Morton, Ms. Yates, Mr. Liddy
Mr. Illas, and Mr. Mann.
Board members absent: Ms. Gibson and Mr. Comendeiro
City staff, present: Don O'Donniley (Planning Director), Sanford A. Youkilis
(Planning Consultant), Brian Edney (Video Support), and Patricia E. Lauderman
(Planning Board Secretary).
III. Planning Hoard Applications, / Public Hearings
PD -04 -021
Applicant: City of South Miami
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA; AMENDING SECTION 20 -3.6 (H) (2)
(c) OF THE LAND DEVELOPMENT CODE OF THE CITY OF SOUTH
MIAMI TO ELIMINATE THE REQUIRED MINIMUM 60 % OPEN AREA
ON THE TOP TWO (2) FEET OF FENCES ADJACENT TO A RIGHT -OF
Planning Board Meeting
May 10, 2005
Page 2 of 3
WAY; PROVIDING FOR SEVERABILITY; PROVIDING FOR
ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE.
Action: Mr. Illas read the item into the record. Mr. O'Donniley explained to the
Board that the City Manager on behalf of a member of the City Commission has
requested consideration of changing the one section of the regulations governing'
the height of fences adjacent to rights -of -way. At present Section 20- 3.6(H) of the
South Miami Land Development Code, provides that all fences, walls, gates and
trellises are limited in height to six feet above grade, except where the fence is
along a street in a side yard. A side yard fence or wall that faces a street can not
exceed four feet in height. However, two additional feet maybe added if that two
foot portion of the fence or wall is at least 60% open or can be seen through.
Mr. O'Donniley provided the following staff's observations:
(1) The proposed amendment is in response to the observation of several examples
of six foot high wood fences with very unattractive upper two feet of lattice
wood.
(2) The above amendment as modified by the City Commission at its December
meeting would allow all walls, "gates, and fences in side yards to be solid up to
six feet above grade if they do not face streets. In addition front yards facing a
street would remain limited to four feet but could increase to six feet if the extra
two feet has a 60% open area.
(3) The concept of requiring the top portion of a wall or fence visible from a street
to be open (see through) is to prevent the appearance of walled in properties
which would come from a solid material wall at 6 feet high.
(4) There is also a safety (re: crime or fire) factor in that a partially open fence or
wall would allow observation into and out of the property.
(5) Staff is aware however that it is difficult to meet the current open area
requirement of 60 %, which often requires the top two feet of a wall or fence to
be specially constructed. It is important both visually and for safety reasons that
some portion of a fence or wall be open.
(6) An amendment to reduce the required open area of a wall or fence to 40 % is a
compromise that staff supports. In addition information from the industry
indicates pre- fabricated fencing with a 40% open area is readily available in
stores..
At this time, Mr. O'Donniley presented the Board with Mr. Liddy's design
options for six foot high wood fence and four foot wood fence. The Board and staff
discussed the designs which included lattice work that could be used for the upper
two feet of the fence. The Board was pleased with the graphics drawn by Mr. Liddy
Planning Board Meeting
May 10, 2005
Page 3 of 3
and suggested replacing staff's original recommendation with Mr. Liddy's proposal
(exhibits /drawings). Staff agreed to adopt Mr. Liddy's proposal (exhibits /drawings)
as staff's recommendation.
The Board took a 5 minute 'recess so that citizens present at the meeting could
analyze the exhibits.
Motion: Ms. Yates moved to approve the ordinance with the amendments.
Mr. Liddy seconded the motion.
Vote: Ayes 5 flays 0
ZONING REGULATIONS 20 -3.6
portions between four (4) and six (6) feet in height above grade. The
graphic "Wooden. Fence Types" includes an example of both an unac-
ceptable and acceptable prototype.
Wooden Fence Types
ACCEPTABLE;
Sine wave pattem yields more than 60 percent open area
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a s
(max]
Pre- fabricated lattice yields less then 60 preceat open area
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(ii) Masonry walls exceeding four (4) feet in height along rights - of- -way
shall provide a minimum of sixty (60) percent open area for all portions
.._...._.. ...._.
between four (4) and six (6) feet in height above grade. No portion of
any solid masonry wall above four (4) feet in height above grade along
rights -of -way shall exceed fourteen (14) inches in width. This is to
provide for vertical support (per Section 20- 3.6(H)(2)(c)) of screening
material. The remaining balance of open area may be screened by
Supp. No. 7 55
20 -3.6 SOUTH MIAMI LAND DEVELOPMENT CODE
metal work wooden lattice or any othernonmasonry screening mate-
rial. A minimum of sixty (60) percent open area shall be maintained.'
The graphic "Masonry Wall Types" includes an example of both an
unacceptable and an acceptable prototype.
Masonry Wall Types
ACCEPTABLE:
Vertical supports (columns) do not exceed 14 inches in width
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(iii) Trellises cannot exceed four (4) feet in height along rights -of -way.
Freestanding trellises not located along property lines 'and not in-
stalled to create a physical barrier may extend up to six ,(6) feet in
height above grade in any required yard. Tree species included in the
Official Tree List of the City of South Miami shall not be considered as
physical barriers.
Supp. No. 7 56
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Miami -Dade County, Florida
STATE OF FLORIDA
COUNTY OF MIAMI -DADE:
Before the undersigned authority personally appeared
O.V. FERBEYRE, who on oath says that he or she is the
SUPERVISOR, Legal Notices of the Miami Daily Business
Review f /k/a Miami Review, a daily (except Saturday, Sunday
and Legal Holidays) newspaper, published at Miami in Miami -Dade
County, Florida; that the attached copy of advertisement,
being a Legal Advertisement of Notice in the matter of
CITY OF SOUTH MIAMI
PUBLIC HEARING 8/16/2005
in the XXXX Court,
was published in said newspaper in the issues of
08/05/2005
- Affiant further says that the said Miami Daily Business
Review is a newspaper published at Miami in said Miami -Dade
County, Florida and that the said newspaper has
heretofore been continuously published in said Miami -Dade County,
Florida, each day (except Saturday, Sunday and Legal Holidays)
and has been entered as second class mail matter at the post
office in Miami in said Miami -Dade County, Florida, for a
period of one year next preceding the first publication of the
attached copy of advertisement; and affiant further says that he or
she has neither paid nor promised any person, firm or corporation
any discount; rebate, commission or refund for the purpose
of securing thi dvertise r publication in the said
newspaper.
Sworn to and subscribed before me this
05 day of AUGUST A.D. 2005
(SEAL)
O.V. FERBEYRE personally known to me
4 D Cheryl H MMa
q My C®mmission DD
ow me Expires July 18, 2W8