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Item 8AAGENDA ITEM # 8A DECEMBER 8, 2008 CITY OF ATLANTIC BEACH CITY COMMISSION STAFF REPORT AGENDA ITEM: Requests for waivers from the Section 24-171(fj of the Land Development Regulations to allow chain-link fences to remain in the Commercial Corridors. SUBMITTED BY: Sonya Doerr, AICP Community Development Director DATE: November 25, 2008 BACKGROUND: The Commercial Corridor regulations were adopted in January 2003 as part of a long-range strategic planning effort intended to improve the commercial environment of the City's two primary roadway corridors, Mayport Road and Atlantic Boulevard. One of the provisions required the elimination of chain-link and similar types of fencing along the roadway frontages and street sides. The fence provision, as reproduced below, provided afour-year period of time to bring such fences into compliance. (~ Fences. The use of chain link, barbed wire, razor or concertina wire, and like fencing shall be prohibited in any Required Front Yard and in any Required Yard adjoining a Street. Where such fencing is otherwise placed on a Parcel, but remains visible from the Commercial Corridor, landscaping shall be installed which substantially conceals such fencing. Where such fencing, as described above is lawfully pre-existing, a period of four (4) years from the effective date of these regulations shall be extended during which all fencing shall be made consistent with the above provisions. It has now been over five years since these regulations took effect, and new chain-link fences have not been permitted since January of 2003. (In addition to the required notices per City Code and Florida Statutes, individual notification was mailed to all businesses prior to and immediately after adoption of these regulations.) As one part of the Mayport Road redevelopment effort, Code Enforcement began to more actively enforce the fence provision this year. Many property owners have brought their fencing into compliance, but a number of others have resisted replacing or removing chain-link fences and are now requesting a Waiver form this provision of the Land Development Regulations. The City Commission has the authority to grant such waivers in accordance with following Section 24-46 (d): To authorize limited Waivers, on a case-by-case basis, from a specific provision(s) of these Land Development Regulations when it is demonstrated that compliance with such provision(s) would be unreasonable, in conflict with the public interest, or a practical impossibility. A Waiver from these Land Development Regulations may be approved only upon showing of good cause, and upon evidence that an alternative to a specific provision(s) of this Chapter shall be provided, which conforms to the general intent and spirit of these Land Development Regulations. In considering any request for a Waiver from these Land Development Regulations, the City Commission may require conditions as appropriate to ensure that the intent of these Land Development Regulations is enforced. STAFF COMMENT AND RECOMMENDATION: It is staff's opinion that the elimination of chain-link fences has had a positive impact on the appearance of Atlantic Boulevard and Mayport Road, and that a reasonable period of time has been provided to meet this requirement. Staff also understands that in current economic conditions, replacement of nonconforming fences may create additional financial burden to some businesses. The long term economic health of the corridors should continue to be the City's strategic focus. The City should not take actions that could diminish the positive impact that recent completion of the median project will generate. AGENDA ITEM # 8A DECEMBER 8, 2008 While significant improvements to the built environment have occurred over the past nve years along Mayport Road, the area remains somewhat transitional with many uses that are automotive related and more light industrial in nature that general commercial. The use of chain-link and similar type of fencing is common and appropriate in industrial areas, but such fencing is typically restricted from use along commercial frontages where uses are intended to provide general retail and service activities. This can be observed by driving through commercial areas almost anywhere by the absence of chain- link or similar fencing. The City has gradually and systematically revised the zoning regulations to encourage development that is consistent with the following policy adopted as part of the City's Comprehensive Plan in 2004. Policy A.1.10.4 The City shall actively support the appropriate redevelopment and infill development of the Mayport Road corridor. Retail and service uses that encourage a more aesthetically pleasing and pedestrian friendly environment shall be encouraged. New development along Mayport Road shall be in compliance with the Commercial Corridor Development Standards as set forth within the Land Development Regulations. As set forth in Section 24-46, the City Commission must find that compliance this provision would be unreasonable, in conflict with the public interest, or a practical impossibility. Staff cannot find that any of the requested Waivers would be: in conflict with the public interest, or a practical impossibility. As such, individual Applicants must demonstrate that compliance with this provision would be unreasonable and that an alternative manner to address the unsightly appearance of chain-link fencing, at a minimum, within the Required Front Yard, can be provided. (The Required Front Yard is the front 20-feet of the parcel.) As stated in Section 24-46, each request must be considered on a case-by-case basis, but of course, all requests must be treated consistently and equitably. The Commission should also consider that a number of businesses have already incurred the expense of replacing chain-link and similar fencing. In considering these requests, a number of options may be appropriate for discussion. Do nothing. Enforce the regulations as adopted. (In which case, Code Enforcement proceedings will ensue as set forth within the City Code for those properties not brought into compliance.) If the City Commission is of the position that this provision is unreasonable or that some temporary relief is warranted: 2. Extend the period of time to remove chain-link fences. 3. Require removal of chain-link fences within Required Front Yards, but permit these to remain on street sides and in other locations. 4. Require the installation, and maintenance, of landscaping of a size and opacity that will conceal chain-link fencing along the corridor frontage. (Most of these fences are constructed on the front property line, so this would be an option only where right-of--way or existing fence placement is sufficient to accomplish the desired result.) 5. Revise the Commercial Corridor Regulations. BUDGET: No budget issues. ATTACHMENTS: Individual applications and summary related to the corridor fence regulations. REVIEWED BY CITY MAN December 08, 2008 regular meeting .:.m:':~:~.~.•:• ':•L':•:•:•:•:•: :•:•m:•:•:•:•:•:• ...tZ....... . :::0;:::~:~:•:•: ...,N............ Lot in the Commercial Corridor ..,~. . ~:~:~~:~:~:~:~:~: ~ (The designated corridor extends ~~~ ~~~~~~~~~~~~ from the Mayport Road and ::::~;::::::::::: ~ Atlantic Boulevard ri ht-of-was g Y ~~'~~~~~~~~~~~~ ~:~o~:~:~ for a depth of 100 feet ) :~:~:~: ~~~*~~~~~~~~~~~~~ . .:.t:.;.:.:.;,:. ..m•••......... :..m~....... . :~:'d:•:~:~:•:•:~ ...m:~:•:~:~:~:• ....a,...:.....:. :;:m.:::~:•:~:~: .:.M..:.:.:.:.:.: Mayport Road frontage AGENDA ITEM # 8A DECEMBER 8, 2008 Required Front and Required Street Side Yards N C O N N N Property lines Setbacks for fences are measured from the property line, and not from the edge of the street pavement. Chain-link and similar types of fencing cannot be located within the Required Front Yard or in the Required Side Yard that is adjacent to a street. Beyond the 20-foot line, chain-link fences can be used, but must be screened from view from the road by landscaping. Other types of fencing, such as wood, vinyl, ornamental iron and aluminum can be used in accordance with the standard fence regulations.