To: Honorable Mayor and Members of Town Council
From: Donna Ferguson, Planner I, Development Services
Title
Ordinance: Amending the Brookwood PD Zoning Regulations Concerning Fences
Body
______________________________________________________________________
PUBLIC HEARING
AN ORDINANCE AMENDING THE BROOKWOOD PD ZONING REGULATIONS CONCERNING FENCES
The Town Council will now consider a request for the approval of a Planned Development Text Amendment
In order to afford all parties due process under law, the Town Council members must be fair and impartial in deciding whether this application should be approved, approved with conditions, or denied. In making that determination, each Councilmember must consider the record, which includes the planning commission recommendation, the staff recommendation, the applicant presentation, public comment presented during the hearing, and other written public comments offered before or during the hearing. Under law, Town Council must evaluate this proposal based solely upon the record and the criteria established under the Municipal Code, which are highlighted in the staff report.
It is important that each Councilmember remain objective and capable of considering information offered into the record during this hearing.
Does any Councilmember believe that he or she is incapable of evaluating and voting on the application consistent with these due process requirements? If so, please describe the situation and recuse yourself from further participation on this agenda item.
Does any Councilmember have a conflict of interest or any other matter he or she would like to disclose prior to proceeding on this item?
The Council will hear from the applicant, the public and staff. Time for this public hearing is allotted as follows:
Staff Report: as needed
Applicant Presentation: as needed
Public Comment: as needed
Applicant Response as needed
Council Questions: as needed
Follow-up Questions: as needed
Madame Clerk, has this public hearing been properly noticed under the applicable regulations for this type of land use hearing? (Clerk to refer to certification from Development Services, describing the notice).
Mr. Detweiler, the staff introduction please
(Public hearing is conducted, applicant presentation, public comment, applicant response, questions from Council)
Do any Council members have any final questions of staff or the applicant before I close the public hearing and refer this to the Council for action?
I now close the public hearing and refer this to Council for discussion and action.
AGENDA MEMORANDUM
To: Honorable Mayor and Members of Town Council
From: Donna Ferguson, Planner I, Development Services
Title: Ordinance: Amending the Brookwood PD Zoning Regulations Concerning Fences (Second Reading)
Executive Summary
This ordinance was approved as presented on first reading on July 21, 2015 with a vote of 7 to 0 with no changes.
The applicant requests a Planned Development Amendment (Amendment) application to repeal a fence provision from the Brookwood Planned Development Zoning Regulations (PD Zoning). The Amendment is being requested by the developer in order to allow greater fence location flexibility within the Brookwood Planned Development (Brookwood PD). The current fence provision prohibits perimeter type fencing along individual property lines. The developer has indicated that the market has changed since the Brookwood PD concept was conceived and that there is now a need to allow for more flexible fence placement options.
The Brookwood PD is a 73 acre large lot residential subdivision which includes 15 acres of open space. There is a significant amount of topography and vegetation on the site and portions of the site residing within minor and moderate skyline areas. The original intent of the fence provision was to support an open neighborhood character and to allow wildlife movement through the site.
Staff Recommendation
Staff recommends that the Planning Commission recommend approval to Town Council of the
request to amend Ordinance 2002-17, removal of Section 5.5.A. Fences and Retaining Walls. This is a private property rights issue that should be controlled by the Home Owners Association, guided by their Design Guidelines.
Attachments
Attachment A: Ordinance
Attachment B: PC Minutes