Revise fence and wall height restrictions in land development code

DATE: January 2, 2024 TO: Yocelyn Galiano, ICMA-CM Village Manager FROM: Stephen R. Olmsted, AICP, LEED-GA Planning Director RE: Ordinance Amending Chapter 30, Land Development Regulations - Division 5.5, Fences, Walls, and Hedges _________________________________________________________________________________ The Village’s Land Development Regulations currently restrict the maximum height of a perimeter wall in the PS, Public Service zoning district to 8 feet adjacent to the side and rear property lines, and 4 feet adjacent to the front and side street property lines. Chain link or wire fences are currently permitted to be constructed at a maximum height of 8 feet on all sides of a property. With the understanding and expectation that a higher perimeter wall adjacent to the front and side street property lines may further enhance the safety and security of schools and places of worship in the PS, Public Service zoning district, the Village Council has been asked to consider increasing the maximum permitted height of a wall adjacent to the front and side street property lines from 4 feet to 8 feet. The Building and Planning Department has considered the request and recommends that the maximum permitted height of perimeter walls in the PS, Public Service zoning district be increased from 4 feet to 8 feet if designed with aesthetically appealing architectural features, and subject to review and approval of the Administrative Official. A proposed amendment to Division 5.5 of the Village’s Land Development Regulations allowing for an increase in height is attached for the Village Council’s consideration. Proposed amendments are shown in underlined text and highlighted in yellow. Amendment of the Land Development Regulations will require approval of an ordinance at two readings. If approved at first reading on January 9, 2024, staff will schedule required public hearings before the Local Planning Agency and Village Council for final consideration of the proposed ordinance at second reading on February 14, 2024. Page 1 of 4 ORDINANCE 2024-____ AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF PINECREST, FLORIDA, AMENDING THE VILLAGE CODE OF ORDINANCES, CHAPTER 30, LAND DEVELOPMENT REGULATIONS, ARTICLE 5, ADDITIONAL REGULATIONS; DIVISION 5.5, FENCES AND WALLS; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, as provided in section 2(b), Article VIII of the Constitution of the State of Florida, and

NOW, THEREFORE,

BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF PINECREST, FLORIDA: Section 1. Recitals. That the above stated recitals are hereby adopted and confirmed. Section 2. Village Code Amended. The Village Council of the Village of Pinecrest hereby amends Article 5, “Additional Regulations,” of Chapter 30 of the Code of Ordinances as follows:1 CHAPTER 30 – LAND DEVELOPMENT REGULATIONS * * * ARTICLE V. – ADDITIONAL REGULATIONS * * * Div. 5.5. Fences, walls and hedges. * * * (i) Height of hedges in all districts. The height of any hedges shall be a maximum of 14 feet. (j) Heights of walls and fences in BU and PS districts. Wire and Transparent Metal Picket Fences: In the BU and PS districts, any wire or transparent metal picket fence shall not exceed eight feet in height. when located within the required front or side street setback Page 3 of 4 areas. When located between the building line and other property lines, a wire fence shall not exceed eight feet in height. Walls and Hedges: In the BU and PS districts, Walls and hedges, when located within the required front or side street setback areas, shall not exceed four feet in height, except that a wall in the PS district may be constructed to a maximum of 8 feet in height when designed to include decorative architectural features including columns, landscaped insets, scored block or surface, and/or other similar aesthetically appealing architectural design details. The architectural design of walls higher than 4 feet in height shall be subject to review and approval of the Administrative Official prior to issuance of a building permit. ;wWhen located between the building line and other property lines, walls and hedges shall not exceed eight feet in height. (k) Height of gates and columns. The height of any column shall not exceed eight feet in any district. Within all districts except the PS district, Tthe height of any gate shall not exceed six feet in any district, height except that gates adjacent to a street or road that are designed to include an arch or other ornamental feature or design element may extend to a maximum of seven feet at the peak of such feature. Within the PS district, gates shall not exceed the height of the permitted fence or wall. * * * Section 3. Codification. It is the intention of the Village Council, and it is hereby ordained that the provisions of this Ordinance shall become and made a part of the Code of the Village of Pinecrest; that the sections of this Ordinance may be renumbered or re-lettered to accomplish such intention; and that the word "Ordinance" shall be changed to "Section" or other appropriate word. Section 4. Conflicts. All Sections or parts of Sections of the Code of Ordinances, all ordinances or parts of ordinances, and all Resolutions, or parts of Resolutions, in conflict with this Ordinance are repealed to the extent of such conflict. Section 5. Severability. The provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the Page 4 of 4 remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 6. Effective Date. This Ordinance shall be effective immediately upon adoption on second reading. PASSED on first reading this 9th day of January, 2024. PASSED AND ADOPTED on second reading this ______th day of _______, 2024. Joseph M. Corradino, Mayor ATTEST: Priscilla Torres, MMC Village Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Mitchell Bierman Village Attorney Motion on Second Reading by: Second on Second Reading by: Vote: