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BM 2001-11-01 BSC MINUTES OF NOVEMBER 1, 2001 BUILDING AND STANDARDS COMMISSION The Building and Standards Commission of the City of Coppell met on Thursday, November 1,2001, at 7:30 p.m. in the Council Chambers of Town Hall, 255 Parkway Blvd. In attendance: David Stonecipher, Chairman Mark LeGros, Vice Chairman Steven Wright, Commissioner Robert Chomiak, Commissioner Norman Kressmann, Commissioner David Terry, Alternate Commissioner Donald Perschbacher, Alternate Commissioner John Hoppie, Alternate Commissioner Robert Turk, Alternate Commissioner Also present: Greg Jones, Chief Building Official Mary Beth Spletzer, Recording Secretary Bob Hager, City Attorney's Office David Dodd, City Attorney's Office Item 1: Call to Order. Chairman Stonecipher called the meeting to order at 7:43 p.m. Item 2: Approval of minutes of October 4, 2001, meeting. Motion was made by Commissioner Kressmann to approve the minutes of the October 4, 2001, meeting. Motion was seconded by Commissioner Wright, and a vote was taken. Motion carried, 5 to 0. Minutes approved. Item 3: Chairman Stonecipher asked Bob Hager, of the City Attorney's office, to provide opening remarks on the goal of tonight's hearing. Mr. Hager explained that a proposed fence ordinance has been furnished, at the request of City Council, but he noted that he is seeking further input to fashion an ordinance that would list the allowable types of fences, whereas the current ordinance lists prohibited fences. Mr. Hager added that he would like input from this Board, as well as the community, on the following fence characteristics: types of acceptable fences; approved building materials; and acceptable colors. He added that the input received from tonight's comments would be compiled in a report to City Council on November 13th. Chairman Stonecipher presented the following case for discussion: Public Hearing to consider testimony with regard to allowed types of fencing materials within the City of Coppell, in particular, to Section 9-2-7(C) of the Code of Ordinances, prohibiting "plastics or any other similar materials" from being used as fencing. The Building and Standards Commission will convene a hearing to receive input from interested parties on whether to amend the Ordinance to allow these materials for use as fencing within the City of Coppell. Chairman Stonecipher asked board members to review two letters that had been submitted by presidents of homeowners associations. Greg Jones explained that one letter was received from the Vistas of Coppell homeowners association, representing approximately 200 homes, and the other was received from the Lakes of Coppell homeowners association, representing approximately 500 homes, both of which expressed opposition to allowing plastic or vinyl fencing in Coppell. The hearing was opened to the public. Michael Vasquez, of 801 Crane, reported that he received a notice of violation from the City for installing a vinyl fence, noting that the City has held his case in abeyance, pending action by City Council. He explained that during his recent presentation to City Council, he presented petitions, pictures, and extensive background information in favor of vinyl fencing, adding that he assumed this entire packet would be shared with this Board. Mr. Hager responded that the information provided by Mr. Vasquez was not forwarded to this Board, and is still in possession of City Council, due to the fact that they will be making the final decision on this issue, based on input from this Board. Mr. Vasquez explained that he chose a vinyl replacement fence, due to the rotting, deterioration, and maintenance problems of his previous 10-year-old wood fence. After investigating vinyl fencing, Mr. Vasquez reported that it has a lifetime warranty against chipping, rotting, peeling, or discoloration, and if a section of fence should need replacing, for whatever reason, the new panels will blend with the existing ones, unlike wood fencing. He added that the supports for his vinyl fence are steel reinforced, and structurally superior to wood. Although it costs more than a wood fence, Mr. Vasquez indicated that it should last longer and enhance the value of his property. At the time of installation, Mr. Vasquez explained that he did not know that the City considered vinyl unacceptable. In fact, he reported that his fence contractor checked with the City before installing the first vinyl fence in Coppell, and was told that vinyl was in compliance with City code. He explained that he did not intentionally circumvent City ordinance, and, in fact, it was later learned that there is only one other city in the Metroplex, besides Coppell, that does not allow vinyl fencing. Mr. Vasquez acknowledged, however, that he, as the property owner, is responsible for insuring that all City codes are met. He further commented that he agreed that the City should pass ordinances and specify minimum building codes, but the reasons for having an ordinance should also be objective and clearly articulated to the public. In this case, Mr. Vasquez indicated that he could not see any objective reasoning for the prohibition of vinyl fencing, and when he questioned the City's Code Enforcement staff, no one could explain the reasoning behind it, except to say it probably dated back to the late 70's or early 80's. Mr. Vasquez pointed out that fencing technology has changed drastically since then, adding that the City of Richardson updated their fence code just last year, to allow for new and better alternatives to wood, and their outdated code was almost identical to Coppell's current fence code. Mr. Vasquez reported that he and his wife obtained over 70 signatures on a petition circulated among their neighbors, regarding the vinyl fence issue, and every person who was asked to sign, did so, with almost everyone expressing disbelief that the City does not allow vinyl fencing. He reported that there was only one neighbor who objected to the "look" of the Vasquez' vinyl fence, but, nevertheless, signed the petition in favor of it. And, he added that, after his vinyl fencing was installed, numerous neighbors and residents of the City stopped by to compliment them on their choice of fencing. Mr. Vasquez added that because wood is considered the "standard" for privacy fences, the comparisons he makes have been with wood, rather than masonry or wrought iron. Mr. Vasquez reported that fencing materials, style, and color should be the "consumer's choice". Mr. Vasquez also commented that, in reviewing the proposed fence ordinance, the level of detail is so excessive, that any new ordinance may also soon be outdated, due to advances in fence technology. In lieu of the background information submitted by Mr. Vasquez to City Council, Bob Hager provided the Board members with pictures of vinyl and fiber fencing from various companies. Greg Burdette, of 420 N. Moore Road, reported that he was also cited by the City for constructing a vinyl fence. Mr. Burdette explained that when he first read the Code, banning plastic fencing, he agreed with it completely, because he felt that plastic wouldn't hold up in the Texas heat. But, when he was ready to purchase new fencing and was made aware of the benefits of vinyl, he went to the City to check on the Code. He was told that plastic fencing restrictions probably wouldn't apply to his choice of product, due to the fact that vinyl has totally different characteristics than plastic. Mr. Burdette said he felt that the characteristics of plastic and vinyl need to be more clearly defined, as they relate to chemical balances, support systems, thickness of rails, etc. Mr. Burdette asked that board members not allow plastic fences in the City, but consider the benefits of vinyl fencing, and the types of products that will uphold property values. Debbie Grigsby, owner of Dura-Fence Designs, 15245 Addison Road in Addison, explained that vinyl fencing has been around since the late 70' s. She noted that its use started mainly as farm and ranch fencing, because it was more durable than wood, kept its structural integrity, and was low maintenance. She added that the industry began with three manufacturers and has grown to approximately 20, with a growth rate of 20 percent per year. Ms. Grigsby reported that the market for vinyl fencing has been phenomenal in the Salt Lake City and St. Louis areas, for example, and the fencing has been shown to hold up well in strong winds in those areas. As far as color is concerned, she reported that people like the idea of having the neutral colors and/or woodgrain appearance that actually blend with the house. Structurally, Ms. Grigsby pointed out that vinyl fencing is based on an interlocking design, for increased security, so that rails fit into holes routed into the sides of posts, allowing the rails to flex with the wind. Ms. Grigsby reported that all bottom rails are steel-reinforced to prevent sagging. To demonstrate the aging process, Ms. Grigsby displayed a picket from a 5-year-old fence, summarizing that vinyl fencing maintains its value and is considered a permanent property improvement. Ms. Grigsby commented that restricting people from having a choice is the main issue of this discussion, adding that the City can set the basic guidelines, and allow the individual homeowners associations to be more restrictive, if they so choose. Mr. Hager asked for input on how to write the ordinance so that it applies to everyone, but prohibits the undesirable types of fencing, such as the orange mesh construction fence. Ms. Grigsby responded that the word "plastic" is such a broad term, and she's learned, from talking to various manufacturers, that differences in quality can be identified through the ASTM industry standards, which measure such things as the method of extrusion, rigidity, impact, and ultraviolet stabilization. Mr. Hager stated that although those are the standards of the industry, the City must be careful not to exclude a competitor, for anti-trust reasons. He emphasized, also, that this is the reason he needs specific input as to how vinyl is different from "plastic". Commissioner Wright asked about national standards and warranties, and Ms. Grigsby explained that the American Fence Association sets national standards for fencing, but there is no agency that specifically polices the vinyl fence industry. She added that although there are variables among companies, many now offer a lifetime warranty, including full parts replacement to the original purchaser, and a few companies have gone a step further to offer transferable warranties. When asked about painting vinyl fences, Ms. Grigsby responded that painting these fences would usually void the warranty, because it would change the "breathe-ability" properties of the material and finish. Commissioner Wright asked if these product lines are established, and Ms. Grigsby replied that she believes most of the companies would have invested so much in the profiles, molds, and tooling, that they would have replacement parts, in inventory, to service their customers for a long time, even though there may be slight style changes over the years. Commissioner Kressmann asked about the availability of fences that are constructed of steel or aluminum with a vinyl covering. Ms. Grigsby indicated that there are a variety of vinyl-wrapped products on the market that can easily crack, allowing moisture to penetrate the wood or metal inside. Mr. Hager asked about polyvinyl chloride (PVC), adding that purchasing PVC piping from a local home repair store, might meet the definition for fencing. Ms. Grigsby responded that although PVC is the product used in the fencing, the regular PVC piping does not have the same additives and quality control characteristics as the fencing products. She indicated that by applying the ASTM fencing standards, such a problem could be avoided. Commissioner LeGros asked if the ASTM standard is printed on fencing material, like it is on the plumbing pipes, and if it isn't, how could a City inspector approve the fencing material, in a permitting situation? Ms. Grigsby responded that she did not know the answer to that question. Mr. Hager responded that it would be the homeowner who would ultimately be held responsible for bringing their fence into compliance. Mr. Jones added that in other cases, where PVC piping is exposed to UV, the City requires that it be painted to protect against discoloration, as well as brittleness, which would be a safety issue. Commissioner Wright asked about the availability of a darker color, in addition to the three standard colors: white, beige and gray. Ms. Grigsby indicated that although she has requested a darker color from the manufacturer, technologically, they have not found a way to stabilize the polymer to allow for the intense heat absorption of darker colors, that could possibly result in sagging of fence rails. Also, when more color additive is needed to produce a darker color, color fastness and chalking can become problems. Mr. Hager asked if the vinyl is compatible for woodstock, rail, or ornamental fences, and Ms. Grigsby explained that the vinyl fencing actually got its start, and is well established, as woodstock and rail fencing, and from there, it migrated to the traditional picket fences, and then, to privacy and ornamental fencing. Mr. Hager explained that, in the ordinance, he would like to list fencing types and match them with the suited materials. Ms. Grigsby added that because vinyl fencing has had a long lifecycle, it would be suitable for the uses in Coppell. Ms. Grigsby also commented that the polyvinyl chloride products available from home improvement retailers may be a "watered-down" version of vinyl fencing, due to the fact that manufacturers were required to meet a price point. Mr. Hager explained, however, that if these products, as well as the higher-end products, meet the ASTM standards, they'll all be either accepted or rejected. When asked about fiberglass fencing, Ms. Grigsby pointed out that there are major differences, namely that fiberglass fencing has individual thinner pickets that are glued, and then riveted onto rails. Mr. Hager commented that because wood has a traditional look in Coppell, the issue is being studied carefully, before allowing new products. Mr. Jones commented that, during a recent presentation on fiberglass fencing, it was announced that it's available in almost any color/pattern, just like a plastic laminate, but, he added, the issues of "lasting quality", as well as acceptable colors would also need to be addressed. Mr. Hager commented that he wants to beware of people who will think of ways to get around the ordinance simply because of the way it's written, as well as guard against excluding a certain manufacturer's product. Mr. Hager indicated that he did not want to place the Building Official in the position of having to approve each type of building material, as does the City of Richardson. He reported that City Council does not want to adopt that policy, and that's why it's so important to clearly define the regulations to insure that quality products are used, rather than junk. Commissioner Kressmann asked for a copy of the ASTM standards, and Ms. Grigsby indicated that she could provide them, even though she had not studied them in depth. Mr. Hager reported that although Coppell is a fairly new city, total fence replacements will soon be on the rise, and he stressed that there is a certain "look" that City Council and the Planning Dept. wish to maintain. Mr. Hager indicated that he and Mr. Jones would discuss the issue of natural fences, but, aside from that, he asked the Board to specify any fence types or materials that would be acceptable or unacceptable. He indicated that he's not necessarily asking for a consensus from the board, but simply input. Mr. Hager clarified that we would be concerned only with fences that are visible from the property line. Mr. Jones added, also, that a screening wall, although similar, is much more restrictive than privacy fencing. Commissioner Wright asked about the impact of deed restrictions on fencing, and Mr. Hager responded that, in addition to complying with City code, homeowners must comply with their local deed restrictions or run the risk of being sued by their homeowners association, if one exists. Chairman Stonecipher asked board members for input to assist the City Attorney' s office in revising the ordinance: Commissioner Chomiak commented that, from a durability standpoint, he felt the restrictions could be specifically outlined. He added, however, that seeing "broad panels of white fencing" going up around the City would not, in his opinion, be an appealing sight. The darker, earthtone colors would be more acceptable. Commissioner Kressmann reported that, from the standpoint of materials, he felt that the City should begin with the ASTM standards, make a determination of how effective those standards are for Coppell, and then proceed from there with the ordinance. He also expressed his concern that the vinyl fencing is not available in the darker colors. Chairman Stonecipher indicated his agreement that the types of acceptable fencing materials could be determined from the standards already set by the ASTM, adding that he was pleased that the proposed ordinance excludes chainlink fences. Chairman Stonecipher also explained that, although he really doesn't have an opinion on the color issue, perhaps it's not really the role of this board to determine color choices for others. Commissioner Wright explained that he would like to see a section included in the ordinance that defines the sections of fence to be governed, thereby clarifying that the City is not trying to regulate each and every section of fence, but only those that are visible from certain points, such as property lines. He added that although the dimensions of the posts and pickets are defined in the ordinance, perhaps the standards for rails should be increased, since this appears to be one of the primary problems with existing fences. Commissioner LeGros commented on the "look" that City Council is trying to maintain, adding that the current color contrast between chainlink, wood, iron, or masonry, is minimal, compared to the dramatic difference between the proposed "stark white" (or gray/beige) fencing and the existing earthtone fence colors. Commissioner Kressmann commented that any replacement fence, whether it's being re- configured or not, should require a permit. In addition, he indicated that the wood fiber fences should definitely not be allowed under the new ordinance. Regarding the permitting process, Mr. Hager explained that City Council may not decide to require a permit and fee for a replacement fence, but perhaps some sort of registration process, as a way of regulating types and materials. Mr. Jones added that the purpose of not requiring a permit for fence replacement and repair is to encourage property owners to do regular fence maintenance, thereby maintaining property values. Item 4: Other Business. Because access to City Hall has changed, Greg Jones announced the board members will now need to pick up packets from the "hold shelf" in the Library, rather than the second floor mailbox in City Hall. Greg Jones distributed the updated roster. Adjournment. Motion was made by Commissioner Kressmann that the meeting be adjourned. Motion was seconded by Commissioner LeGros, and a vote was taken. Motion carried, 5 to 0. Meeting adjourned. David Stonecipher, Chairman Mary Beth Spletzer, Recording Secretary