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08/03/1991 - Packet �. 0 AGENDA NPO #7 MEETING TUESDAY, AUGUST 3, 1991 - 7:00 P.M. TIGARD CITY HALL 13125 SW HALL BLVD. TIGARD, OREGON NOTE: WE WILL HAVE A JOINT MEETING WITH NPO #3 REGARDING THE FOLLOWING ITEMS: Joint Meeting with NPO 3 - RV Storage - Proposal to eliminate Section 18.96.060 of the Tigard Municipal Code. Joint Meeting with NPO 3 - Fence Requirements. SUB 91-0012 - Paul Miller - Applicant requests subdivision approval to divide an approximately 4.97 acre site into 28 parcels ranging between approximately 5,000 and 12,630 square feet each. ZONE: R-7 (Residential, 7 units per acre) LOCATION: 13735 SW Walnut Street(WCTM 2S1 4BD, tax lot 400), and 13735 SW Fern Street (WCTM 2S1 413D, tax lot 1500) Adjourn to conference room for continuation of NPO 7 items. 1. Call to order 2. Roll Call: Woolery Blanchard Cunningham Dorsett Gross Howden McGlinchy 3. Approve Minutes from July 2, 1991 meeting. 4. Review Notices of Decision Received 6. Other Business 7. Adjournment TO ENSURE A QUORUM FOR THE CONDUCT OF BUSINESS,"PLEASE CONTACT LIZ NEWTON AT 639-4171, EXT. 308 IF YOU ARE UNABLE TO ATTEND. h:\1og1n\jo\npo7-A NPO #7 MINUTES July 2, 1991 ROLL CALL: Present - Bill Gross Katy Dorsett Absent - Cal Woolery Jim Blanchard Lee Cunningham Ed Howden Larry McGlinchy We did not have a quorum for the conduct of business. Correction to Agenda of July 2, 1991, item No. 6. Our next meeting will be Wednesday, August 7, 1991 at 7:00 p.m. to correspond with NPO #3. Respectfully submitted, Katy Dorsett hAloginyo\npo7min.702 MEMORANDUM CITY OF TIGARD, OREGON TO: NPO's FROM: PLANNING DIVISION DATE: July 19, 1991 SUBJECT: Request for NPO comment on fence requirements The City Council requested that staff review fence requirements especially with regard to front yards. The attached memo was discussed by the Council on July 16. The Council and staff are requesting that the NPO's consider the City's fence requirements prior to staff forwarding a proposed ordinance through the public hearing process. There was some feeling by Council that fences should be allowed in all front yard subject to vision clearance requirements. It would be appreciated if the NPO.'s give consideration to existing fence requirements and determine whether they would like to see them modified. There are a number of basic options: o retain the existing requirements (See Exhibit "I" of attached memo) o modify the existing--fence requirements to allow fences in the front yards along major streets (arterial and major and minor collectors) subject to vision clearance requirements o modify the existing fence requirements to allow fences in all front yards subject to vision clearance requirements o make other modifications Please forward NPO comments to Dick Bewersdorff, Senior Planner. The draft ordinance attached to the July 5 memo includes a version, which allows front yard fences on major streets. Thank you for your assistance. MEMORANDUM CITY OF TIGARD, OREGON TO: Pat Reilly, City Administrator FROM: Ed Murphy, Director of Community Development DATE: July 5, 1991 SUBJECT: Fence Requirements OVERVIEW Summary: Development Code regulations restrict fences and walls in a required front yard to three feet in height. Height and location are also controlled in other yards. (See Exhibit "I" 18.100.090 Setbacks for Fences or Walls) Policy Implications: Should the City allow people to construct higher fences in front yards and how would that affect the public interest? Financial Impact: There would be negligible financial impact through the reduction of variance applications and fees. Recommendation: It. is recommended that the City's fence regulations be revised to allow fences up to eight feet in height in the front yard adjacent arterial and major and minor collector streets except where clear vision- requirements must be met. In addition, it is proposed that the clear vision requirements (18.102) be modified to restrict fences where topography limits vision. The fence regulations should also be changed to eliminate the requirement for a two-foot fence for corner side yard fences. (See Exhibit "II" Proposed Ordinance) ANALYSIS Background Recent questions regarding when and where fences can be built have been discussed by the City Council. The Council requested that the Development Code provisions regarding fences be reviewed. The development code requirements pertaining to fences are covered under Chapter 18.100.090 and are attached as an exhibit to this memo. Issues Staff discussion identified various issues relative to fences: o The code requires a two foot setback for any fence abutting a street side yard. (Engineering staff has indicated that this was -probably required because of easements but, in reality, they have found no need for the requirement) Fences built according to this requirement also tend to leave unmaintained strips adjacent to streets. o There are sometimes clear vision problems at an intersection near the crest of a hill. These are compounded by the construction of even a fence as short as three feet. o Fences are allowed along rear lot lines abutting a street while they are not allowed along the front lot lines abutting a street. In this case, it is possible to have a situation with a row of six to eight foot rear yard fences along a street, then no fences higher than three feet, and then another row of six to eight foot rear yard fences along the same street. o Fences over three feet in height cannot be built without a variance in defined front yards. This has proven to be a hardship in individual situations along busy streets. o Fences are not allowed in the right-of-way. Any work in the right-of-way requires an engineering department permit. Public Interest The question of what is -in the public interest in regard to fence requirement needs to be asked. The purposes for fences range from decoration, privacy, and protection to the definition of boundaries. Fences heights have been traditionally been controlled for aesthetic :purposes and to allow visibility for police patrol. Fences heights on side and rear yards have been controlled for the purpose of maintaining light and air. Brick, rock and cement walls along front property lines were rather common many .years ago. Clear vision areas at street and driveway intersections are important safety considerations. Control of fences for safety purposes is a logical public interest. Some cities, such as Tualatin, do not have fence requirements for single family dwellings. The Tualatin Planning Director has indicated their city has not encountered any problems without the requirements. Any construction in the right-of-way is reserved for public purposes. Any activity in the right-of-way needs to be controlled so that it does not interfere with a public purpose. Activity in the right-of-way, what can occur there and the permit process for those activities are separate issues not addressed in this report. In reality, it appears that the majority of issues relating to fences in Tigard have been because the city controls the location and height, not because the public has requested the control. It is also true that hedges are not controlled and there are many instances in the city where they serve the same purpose and function as a fence where a fence is not allowed. Alternatives o Change the development code to allow fences in all yards to a height up to eight feet excluding clear vision areas. This approach would leave the choice up to the property owner. Clear vision requirements would make front yard fences unlikely in many cases because of the requirements relative to driveways. o Allow fences to a height up to eight feet in the front yard along all streets listed on the Comprehensive Plan Transportation Map as Arterials, Major Collectors or Minor Collectors, subject again to clear vision requirements. This approach would continue to control aesthetics in most residential areas but would also allow fences or walls to be constructed where traffic, noise and privacy considerations could be more of a problem. o Retain the existing code provisions. This would indicate that the present requirements are consistent with the city and community needs and philosophy. Conclusion Because of -the clear vision requirements at driveways, many would choose not to build a front yard fence. The major risk in the proposed approach is a long row of front yard .fences or individual front yard fences that may not be aesthetically pleasing. The Development Code should be changed to allow fences or walls to be constructed higher than three feet in height in front yards along major streets. Suggested Procedure: 1. Discuss concepts with the City. Council for general policy guidance. 2. Assuming the Council wishes to see some changes in the current- ordinance, direct staff to submit a proposed change to the Development Code to the NPO's and Planning Commission. 3. Return to the City Council with proposed amendments based on the recommendations of the NPO's and P.C. Exhibit "I" 18. 100.090 Setbacks for Fences or Walls A. No fence or wall shall be constructed which exceeds the standards in Subsection 18.100.090.B. except when the approval authority, as a condition of approval, allows that a fence or wall be constructed to a height greater than otherwise permitted in order to mitigate against potential adverse effects. B. Fences or walls: 1. May not exceed three feet in height in a required front yard or six feet on a corner side yard or eight feet in all other locations and, in all cases, shall meet vision clearance area requirements (Chapter 18. 102) ; 2. Are permitted outright in side yards or rear yards to a height of six feet; 3. Located in a side or rear yard and which are between six feet and -eight feet in height shall be subject to building permit approval; 4. Located in the front yard or corner side yard and which exceed the height limitation shall comply with the setback requirements for structures set forth in the applicable zone; or 5. Located within a corner side shall be no closer than two feet from the property line, and shall satisfy visual clearance requirements. (Ord. 89-06; Ord. 85- 14; Ord. 83-52) CITY OF TIGARD, OREGON ORDINANCE NO. 91- AN ORDINANCE TO AMEND PROVISIONS OF THE COMMUNITY DEVELOPMENT CODE PERTAINING TO FENCE REQUIREMENTS, SECTION 18. 100.090 AND CLEAR. VISION REQUIREMENTS, SECTION 18. 102.020. WHEREAS, the City of Tigard finds it necessary to revise the Community Development Code periodically to improve the operation and implementation of the Code; and WHEREAS, the City of Tigard Planning Commission reviewed the staff recommendation at a public hearing on July , 1991 and voted to recommend approval of the amendment to the City Council; and WHEREAS, the City Council held a publid hearing on August 1991 to consider the amendment. THE CITY OF TIGARD ORDAINS AS FOLLOWS: Section 1: The Community Developemt Code shall be amended as shown in Exhibit "A" . Language to be added is UNDERLINED. Language to be deleted is shown in [BRACKETS] . Section 2: This ordinance shall be effective 30 days after its passage by the Council, approval by the Mayor, and posting by the City Recorder. PASSED: By, vote of all Council members present after being read by number and title only, this day of 1991. Catherine Wheatley, City Recorder APPROVED: This day of 1991. Gerald R. Edwards, Mayor Approved as to form: City Attorney Date ORDINANCE No. 91- Page 1 EXHIBIT A 18 . 100 .090 Setbacks for Fences or Walls A. No fence or wall shall be constructed which exceeds the standards in Subsection 18. 100.090.B. except when the approval authority, as a condition of approval, allows that a fence or wall be constructed to a height greater than otherwise permitted in order to mitigate against potential adverse effects. B. Fences or walls: 1. May not exceed three feet in height in a required front yard along local streets or [six feet on a corner side yard or] eight feet in all other locations and, in all cases, shall meet vision clearance area requirements ( Chapter 18. 102) ; 2 . [Are permitted outright in side yards or rear yards to a height of six feet; ] Are permitted up to eight feet in height in front yards adjacent to any designated arterial, major collector or minor collector street and, in all cases, shall meet vision clearance area requirements ( Chapter 18. 102) ; Permission shall be subiect to administrative review of the location of the fence or wall. 3. [Located in a side or rear yard and which are between six feet and eight feet in height shall be subject to building permit approval; ] All fences or walls greater than six feet. in height shall be subject to building permit approval. - - ------------[4-.—Located--in the-front--yard or corner. -side --yard- and which -exceed the height limitation shall comply with the setback requirements for structures set forth in the applicable zone; or] [5. Located within a corner side shall be no closer than two feet from the property line, and shall satisfy visual clearance requirements. (Ord. 89- 06; Ord. 85-14; Ord. 83-52) ] 18. 102.020 Visual Clearance: Required C. Where topography or vertical curve conditions can contribute to the obstruction of clear vision areas at a street or driveway intersection, hedges, plantings, fences, wall, wall structures and temporary or permanent obstructions shall be further reduced in height or eliminated to comply with the required clear vision area. PROPOSAL DESCRIPTION FILE NO:SUB 91-0012 FILE TITLE: MILLER APPLICANT: PAUL MILLER OWNER: SAME RT.5 BOX 62 SHERWOOD, OR 97140 REQUEST, ZONE, LOCATION: Applicant requests Subdivision approval to divide an approximately 4.97 acre site into 28 parcels ranging between approximately 5,000, and 12,630 square feet each. ZONE: R-7 (Residential, 7 units per acre) LOCATION: 13735 SW Walnut Street (WCTM 2S1 4BD, tax lot 400) , and 13735 SW Fern Street (WCTM 2S1 4BD, tax lot 1500) COMPREHENSIVE PLAN DESIGNATION: Medium Density Residential NPO NO: 3 and 7 NPO CHAIRPERSON: Herman Porter / Cal Woolery PHONE NUMBER: 639-0895 / 639-4297 CHECK ALL WHICH APPLY: STAFF DECISION COMMENTS DUE BACK .TO STAFF ON _ 1991,. PLANNING COMMISSION DATE OF HEARING: TIME:7:30 X HEARINGS OFFICER DATE OF HEARING: TIME:7:00 CITY COUNCIL DATE OF HEARING: TIME:7:30 REQUEST FOR COMMENTS AND ATTACHMENTS: X VICINITY MAP LANDSCAPING PLAN NARRATIVE ARCHITECTURAL PLAN X SITE PLAN OTHER: PREPARE FOR PLANNER APPROVAL: X ADVERTISEMENT - TIGARD TIMES OREGONIAN X NOTICE TO PROPERTY OWNERS TO BE MAILED LETTER OF ACCEPTANCE OF APPLICATION NOTICE TO DLCD - ATTACHMENTS: STAFF CONTACT: Jerry Offer COMPREHENSIVE PLAN POLICIES: 2. 1. 1, 4.2. 1, 7. 1.2, 7.2. 1, 7 .3. 1 7 .4.4, 8. 1.1, 8. 1.3 CODE SECTION: 18.50, 18.88, 18.92, 18. 102, 18. 108 18. 114, 18. 150, 18. 160, 18. 164 \ ' \ S0� The C i t y n f S.W. HINUUN vi \ \ T RON S.W. S�,T T I G A R D E�TE SUB 91 -0012 3 S.W. HART ST. A M y m s':::::»:;:;s.>•::, .W. WALNUT ST. j FE 1 r I �I i i a t Y « M N 0 R T H ; All o[�