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
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AGENDA ITEM # 8A
DECEMBER 8, 2008
Required Front
and Required
Street Side Yards
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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.