Planning and Zoning Commission Meeting

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Meeting Date: 01/10/2017  
Contact: Edlyn Vatthauer, Planning Manager
File Number: Z-1339-16  
Date Filed: 11/10/2017  
Location: N/A
Size of Request: N/A  
Number of Lots: N/A  
Current Zoning: N/A
Applicant: City of DeSoto  
Owner: N/A

Consider Zoning Case Z-1339-16; an Amendment to Section 41 "Fencing, Walls and Screening" in the Comprehensive Zoning Ordinance regarding screening walls adjoining streets and the location of screening walls and fences in relation to the landscape buffer area.
Amendment to Section 41.3 to add item L.

Currently there is no requirement regarding the type of screening fence or wall, if any, that must be placed along a subdivision that backs up to a street.  Because of this, there is no restriction from placing a wood fence to the rear of a residential lot that adjoins a street.  What has resulted, in many cases, are wood fences that deteriorate over time and become unsightly.  This amendment would require developers, building new subdivisions, to construct a six (6) foot masonry screening wall along the rear of residential lots that adjoin a street.  This wall would also be owned and maintain by the HOA.  The proposed amendment would read as follows.

Section 41.3
L.  In cases where the rear of residential lots or an alley adjoin a street, the developer must construct a six (6) foot high masonry screening wall adjacent to roadways, within a five (5) foot wide maintenance easement.  In cases where there will be an alley to the rear of the residential lots, which will adjoin the street, the masonry wall needs to be constructed on the outside of the alley Rights-of-Way, adjacent to the street. This wall must be constructed prior to the acceptance of the subdivision.  The screening wall must be on the inside of any required landscaping, such that the landscaping is between the street and the wall.  This wall must be owned and maintained by the HOA.

Amendment to Section 41.2 to add item H

At this time the Zoning Ordinance does not state where a wall or fence must be placed in regards to a landscape buffer in nonresidential areas.  Because landscaping along a road is meant to improve the appearance of the development, it would seem obvious that the landscaping should be to the outside of the wall or fence, so that it can be seen.  However, this has not been obvious in all cases.  Consequently, staff wants to add an amendment so there is no question where a fence or wall should be placed in relation to a required landscape buffer.  This amendment would read as follows.

H. In cases where a fence or wall is being placed adjoining a required landscape buffer and landscaping, the wall or fence must be on the inside of the landscape buffer, such that the landscaping is between the road and the fence or wall. 
Staff published "Notice of Public Hearing" as required by law.


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