Z-97-12-18-9A - 12/18/1997AN ORDINANCE AMENDING SECTION 8.600, CHAPTER 8, CODE
OF ORDINANCES (1995 EDITION) CITY OF ROUND ROCK, TEXAS,
BY ADDING A NEW SUBSECTION 8.616, "FENCES ", REQUIRING
AND REGULATING THE ERECTION OF FENCES AS PART OF
PROPOSED DEVELOPMENT; PROVIDING A SAVINGS CLAUSE;
PROVIDING A SEVERABILITY CLAUSE; REPEALING ALL
ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR
CODIFICATION; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council has determined it to be in the best
interest of the city to foster the orderly development thereof by
requiring a uniform standard for fences to be utilized as part of
proposed development on certain thoroughfares, Now Therefore
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ROUND
ROCK, TEXAS:
That Section 8.600, Chapter 8, of the Code of Ordinances (1995
Edition) of the City of Round Rock is hereby amended by adding a
new subsection to be numbered 8.616 and entitled "Fences," which
subsection shall read as follows:
8.616 FENCES
1. Definitions
E:\ NPDOCS \ORDINANC \O1171218A.NPD/kab
ORDINANCE NO.8 q 1 j - jg 9A
I.
The following words and phrases when used in this section, shall for the purposes of this
section, have the meanings respectively ascribed to them in this section, except when the
context requires otherwise.
(a) Fence: The barrier required by this section to be placed on the perimeter of
certain subdivisions adjacent to Major Collectors and higher thoroughfares.
(b) Ma•or Collector: A street providing for traffic movement between arterial streets
and other collector streets or local streets within a neighborhood, commercial or
industrial area. Its principal function is to provide connectivity to local streets,
as opposed to the secondary function of providing direct access to abutting land
uses.
2. Fences Required
Where subdivisions are platted so that the rear and/or side yards of residential lots are
adjacent to a Major Collector or higher thoroughfare, the developer shall construct fences
between said rear and /or side yards and said thoroughfare at his sole expense, in
accordance with the standards set forth in paragraph 3 below.
3. Standards
It is the intended hereby that all fences erected pursuant to this section be constructed in
such a manner to last 30 years with minimal maintenance required during said period.
As such, all fences required by this section shall conform to the following minimum
standards:
(a) Where applicable, materials and installation of fences shall comply with the most
recent edition of Selected ASTM Standards for Fence Materials and Products, a
copy of which shall be maintained by the Public Works Department. Structural
plans and specifications for fences shall be approved by the Public Works
Department. Such plans and specifications are to be submitted at the same time
as other construction plans required by this chapter. In approving said plans and
specifications, the Public Works Department shall consider the site's soil
characteristics, wind loadings, and other environmental considerations.
(b) Fences shall be constructed of the following materials: brick, stone, reinforced
concrete, or other masonry materials approved by the Public Works Department,
wrought iron, redwood, cedar, preservative pressure treated wood, or other
equivalent materials approved by the Public Works Department, subject to the
following:
(c)
(i) Fence posts shall be constructed of rust resistant metal parts, concrete
based masonry or concrete pillars of sound structural integrity.
(ii) Fence panels shall be constructed of redwood, cedar, preservative
pressure treated wood, masonry, wrought iron, or stone and shall be
weather resistant surface treated and bottom and /or top capped, as
determined by the Public Works Department.
Fences shall be located on or behind the property line. Fences may be in an
offset configuration, as long as the minimum right -of -way is provided.
(d) Fences shall be a minimum of six feet and a maximum of eight feet in height.
The materials, color and design of fences shall be uniform within an approved
preliminary plat, unless otherwise approved by the Department of Planning and
Community Development. The finished side of all fences shall face the
thoroughfare.
(e) All fences shall be placed at least five feet (5') from any existing or proposed
city water line. Where necessary to comply with the foregoing, the developer
shall be required to provide up to an additional five feet (5') of right -of -way.
2
(t) All fences required herein shall be placed on private property and outside of the
public road right -of way.
4. Miscellaneous Provisions
(a) A plat note describing the location of proposed fencing shall be included on the
preliminary plat and final plat.
(b)
(c)
A fence schematic shall be provide along with the preliminary and final plats.
Detail plans for fences shall be provided along with other construction plans for
subdivision improvements.
(d) Fences shall conform to the requirements of the ordinances of the City governing
the sight distance for traffic safety .
(e) Prior to the City's acceptance of the subdivision pursuant to Section 8.601, the
developer must either (1) complete all fences required herein, or (2) file with the
Public Works Department one of the following:
(i) a irrevocable letter of credit issued by a banking or other financial
institution authorized to do business in Texas equal to the cost of the
uncompleted fence(s), as estimated by the City Engineer, conditioned that
the developer will complete the fence(s) within ninety (90) days of the
acceptance of the subdivision, or
(ii) a performance bond executed by a corporate surety licensed to do
business in Texas, equal to the cost of the uncompleted fence(s), as
estimated by the City Engineer, conditioned that the developer will
complete the fence(s) within ninety (90) days of the acceptance of the
subdivision.
(f) It is not the intent of this Section to regulate the design and /or construction of
entrances to subdivisions.
5. Property owner to maintain fence.
It shall be the responsibility of any person, firm or corporation who shall own or occupy
any lot or lots on which a fence was constructed pursuant to the terms of this Section to
adequately maintain the fence and to prevent it from becoming unsightly or objectionable.
II.
A. All ordinances, parts of ordinances, or resolutions in
conflict herewith are expressly repealed.
3
B. The invalidity of any section or provision of this
ordinance shall not invalidate other sections or provisions
thereof.
C. The City Council hereby finds and declares that written
notice of the date, hour, place and subject of the meeting at which
this Ordinance was adopted was posted and that such meeting was
open to the public as required by law at all times during which
this Ordinance and the subject matter hereof were discussed,
considered and formally acted upon, all as required by the Open
Meetings Act, Chapter 551, Texas Government Code, as amended, and
the Act.
Alternative 1.
By motion duly made, seconded and passed with an affirmative
vote of all the Council members present, the requirement for
reading this ordinance on two separate days was dispensed
Q with.
O day
READ, PASSED, and ADOPTED on first reading this
04 Oi
, 1997.
Alternative 2.
READ and APPROVED on first reading this the day
of , 1997.
READ, APPROVED and ADOPTED on second reading this the
LES CU ER, Mayor
est: , City of Round Rock, Texas
i . CvviaL
E LAND, City Secretary
y of Round Rock, Texas
4
DATE: December 12,1997
SUBJECT: City Council Meeting, December 18,1997
Item: 9.A. Consider an ordinance amending Section 8.600, Chapter 8,
Code of Ordinances (1995 Edition) City of Round Rock,
Texas by adding a new subsection 8.616, "Fences ", requiring
and regulating the erection of fences as part of proposed
development. (First Reading)
Staff Resource Person: Joe Vining
Staff Recommendation:
This item was tabled at the November 25,1997 Council meeting to allow staff
additional time to address issues and concerns presented by the development
community. On Tuesday, December 9,1997 the Planning and Zoning
Commission recommended adoption of the fence ordinance with a unanimous
vote.
•
>rr.AMAOmcer•
President.
Royionjes
PresidentElect.
LuisJouregui
Immediate Past President.
Don Bocce
VirePre_•denta
Government Relaffotn.
ThurmanBlackbum
Menb .thp.
Nick' Tyler
Development,
BobAntle
OpemAons,
EIIonJOhrecn
Commuriaatiora.
MkeWUSte
Education.
JoeIB. Katz
Executive VkePresident.
BobCames
Boordo1D realors
LynAltard
Nedda Bran
DannyCtaylan
Erin Coals
Tom Cruse
MOIDeWalt
MargaretGibfem
Tkn Nil
JomesHmkle
Maury Hood
Nched Huffman
ChuckLemmond
Jim Mills
StevePefersan
David Scurlock
Dan Slealdev
Gels Wdde
MiemcteOfedors
DvnCapp
Troyko,t
PelerPfeider
December 8, 1997
Mayor & City Council
City of Round Rock
221 E. Main
Round Rock, TX 78664
Dear City Council Members:
To prepare a complete list of comments on the proposed fence ordinance, a
number of development community representatives met on December 5.
Those comments are attached for your use.
The goal of the proposed changes was to meet the council objectives; work
within the framework of the December 1, draft; and provide the final changes
we believed would improve the ordinance. At this point there may seem to be
no end to comments and a desire to proceed. Therefore, the second object of
providing comments was to get them formalized; so that you may consider
them in conjunction with the new development ordinance next year.
Thank you for allowing the Planning Commission and staff to rework the initial
draft. This ordinance is a major improvement.
Sincere
Harry Savio
Government Relations SVP
cc: Bob Bennet
Joe Vining
400 W. 15th Sheet, Suite 940 • Austin, TX 78701 • Phone: 512/474 -8182. 800/837 -1128 • Fax: 512/474 -9540
SUBSECTION 8.616
The language of the ordinance refers to "perimeter streets." To clarify what many of us
thought to be the intent of the original ordinance to apply to perimeter streets, additional
language is suggested to clarify that wording by adding, "external streets" of the
subdivision. In other words, if a collector street was internal to the subdivision and still a
collector, there would not be a mandate for fencing. This becomes an issue where a
developer has a mix of front, side and back yards on the collector. The suggested change
is:
I.1. Definitions
(a) Fence: The barrier required by this section be placed on the
external perimeter of certain subdivisions.
A significant amount of testimony was presented on the need to better define "major
collector". To accommodate this, we suggested an additional clarifying sentence. Please
note that the first preference is to ultimately designate all collectors by name. However, it
is recognized that the lack of available staff time dictates that such enumeration be
postponed until mid -year year and revision of the full subdivision ordinance.
I.1. Definitions
(b) Major Collector: A street providing for traffic movement between
arterial streets and other collector street or local streets within a
neighborhood, commercial or industrial area. Its principal function
is to provide connectivity to local streets, as opposed to the
secondary function of providing direct access to abutting land uses.
Maior collector prohibits vehicular access from the abuttine
residential lots.
In keeping with the first suggestion regarding collectors external to the subdivision, minor
suggestions in paragraph (2) would be needed for consistency:
I.2. Fences Required
Where subdivisions are platted so that the rear and/or side yards of
residential lots are external to and/or adiacent to the perimeter of the
subdivision and adiacent to a major collector or higher thoroughfare, the
developer shall construct fences between said rear and/or side yards and of
said thoroughfare at his sole expense, in accordance with the standards set
forth in paragraph 3 below.
Part of the Planning Commission testimony spoke to the need to be able to provide
differentiation between communities. While that differentiation would likely be within a
separate subdivision or section, there are cases where a developer might want to provide,
e.g. stone, for a more exclusive limestone village. Also for the sake of cost, the owner
might want to transition from all masonry to a mix of masonry and wood (which could be
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done with taste, given the mandate for masonry columns). This prompted another
suggestion:
I.3.(d) Fences shall be a minimum of six feet and a maximum of eight
feet in height. The color and design of fences shall b
approved by the Department of Planning and
Community Development. The finished side of all fences shall face the
thoroughfare.
One of the desires for the design community is the ability to have greater ability to
introduce alternative treatments. For example a combination of berms and shorter fences
can be very attractive. Landscaped berms are even more permanent that masonry. If
possible, we would request additional flexibility in a new subparagraph:
I.3.(g). Other perimeter treatment that meets or exceeds the standards
and objectives of this ordinance may be approved by the
Planning and Community Development Department. Approved
alternatives may include landscaped berms. landscape materials. or a combination of
materials andlandscaping techniques.
The City represented that the additional right of way needed referenced in paragraph 3e
would rarely be needed. This could be made more reassuring with the following
correction:
I.3.(e) All fences hall be placed at least fire feet (5') from any existing-or-proposed-
city water line. Where necessary to comply with the foregoing, the developer shall
be required to provide up to an additional five feet (5') of right -of way.
A minor change to avoid duplicative work by the developer and City:
I.4.(b) A fence schematic shall be provided along with the preliminary
and final plats. Final plat schematics are only required if changes are made to
previously roved submissions.
Some of us remain concerned about the short time for fiscal postings. A recommended
alternative is as follows:
I.4.(e)(i) an irrevocable Letter of credit issued by a banking or other financial
institution authorized to do business in Texas equal to the cost of the uncompleted
fence(s) as estimated - approved by the City Engineer, conditioned that the developer
will complete the fence(s) within gone hundred eighty (180) days of the
subdivision, or
I.4.(e)(ii) a performance bond executed by a corporate surety licensed to do
business in Texas, equal to the cost of the uncompleted fence(s) as estimated -
approved by the City Engineer, conditioned that the developer will complete the
fence(s) within ninety-08)-one hundred eighty (180) days of the subdivision.
There are some situations dictated by terrain or circumstance where a fence would be
counterproductive or a waste of effort and money. To accommodate that, the following
new paragraph is requested:
I.4.(g) The Planning and Community Development Department shall
be authorized to grant a waiver from the provisions of this subsection 8.616 in
those instances where topography. soil conditions or natural features justify the
exception