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Item 8BAGENDA ITEM tt 8B JANUARY 12, 2009 CITY OF ATLANTIC BEACH CITY COMMISSION STAFF REPORT AGENDA ITEM: Chain-link fences on residential lots within commercial Zoning Districts SUBMITTED BY: Sonya Doerr, AICP ~IJ,CY Community Development Director DATE: December 18, 2008 BACKGROUND: During the previous meeting's deliberations related to chain-link fences, several comments and questions related to existing chain-link fences on residential properties on Mayport Road came up. I noted at that time that the chain-link fence prohibition applied only to commercially zoned properties and not to residential properties. I need to clarify that comment. The Commercial Corridor provisions do apply only to commercial zoning, which includes the Commercial General (CG), Commercial Limited (CL) and Commercial, Professional and Office (CPO) districts. The Mayport Road frontage of the Atlantic Beach Villa subdivision between Saratoga Circle and Forrestal Circle, however, is zoned Commercial, Professional and Office (CPO), although this area is a residential subdivision. There are three lots which contain chain-link fences that are subject to the corridor provisions by virtue of their commercial zoning designation. All three lots contain occupied single- family residences. The eastern side of Mayport Road was zoned single-family residential until 1985 when the City Commission changed the zoning of this area to Commercial Limited and Commercial, Professional and Office. The meeting minutes from that time are not clear as to why this change was made, which is curious given that these three houses and the Atlantic Beach Villa subdivision were developed by that time. The subdivision was designated as Residential, Low Density when the 1990 Comprehensive Plan was adopted. Two of these lots contain chain-link fences that are in poor condition and need to be removed due to their dilapidated condition. The third lot contains a newer fence, a portion of which was replaced a number of years go after an errant vehicle drove through (and down) a section of the fence. It appears that this fence was damaged and replaced at a time when permits were not required to repair or replace an existing fence. The current owner has occupied this home since the mid-1980s, and it continues to be awell-maintained property. The other two lots contain older rental houses that changed ownership in 2005. These two houses are not well-maintained, and Code Enforcement has had numerous issues with these properties. It was not the intent of the Commercial Corridor regulations to include residential lots and subdivisions, but clearly these frontage lots have an impact on the visual character of the corridor, particularly the lots with old, rusting and damaged fences. Almost every lot within the Atlantic Beach Villa subdivision contains achain-link fence in some area of the yard, and where these are old, rusted and dilapidated; particularly in front yards, they do have a deteriorating effect on the appearance of neighborhoods. The use of chain-link on residential lots, however, is a different issue that staff suggests would need to be considered apart from current issues related to chain-link fencing on commercial lots. AGENDA ITEM # 8B JANUARY 12, 2009 Staff seeks guidance from the City Commission and offers several options for consideration. • Advise these residential property owners that their chain-link fences must be removed or replaced immediately or within a prescribed time period. • Revise Section 24-171, the Commercial Comdor standards to exempt residential properties that may be in commercial zoning. • Initiate an administrative rezoning to change the zoning of the eastern side of the Atlantic Beach Villa subdivision back to its original single-family residential zoning consistent with the RS-2 zoning of the major portion of the subdivision, which would effectively exclude these lots from the Commercial Corridor standazds. BUDGET: No budget issues. RECOMMENDATION: It is staffs opinion that the City's best interests would be served by maintaining the Commercial Corridor standazds as they were adopted in 2003 and to develop a plan for compliance with the owners of these properties. As noted there aze only three residential lots that aze impacted by the chain-link fence provision. All three are corner lots; one is a well maintained owner- occupied property with achain-link fence that is in good condition. Staff recommends that this property owner be granted a reasonable period of time to replace this fence. The other two aze unsightly rental properties with fences that aze in poor condition. Staff recommends that these property owners be notified and given a limited amount of time to remove or replace these fences. These properties aze at the entryway to the corridor and aze clearly in conflict with the intent of the following provision of the Land Development Regulations. Sec. 24-171. Commercial Corridor Development Standards. (a) Intent. The following additional standards and requirements shall apply to those lands within all Commercial Zoning Districts that are located along Arterial Street corridors within the City of Atlantic Beach. The intent of these additional requirements is to: enhance the aesthetic and physical appearance of these gateways into the City: enhance and retain property values; promote appropriate redevelopment of blighted areas; and to create an environment that is visually appealing and safe for pedestrians. bicycles and vehicular traffic BUDGET: No budget issues. ATTACHMENTS: Photos of subject residential properties. (Staff has no intent to publicly disparage any individual property owner or occupant, and as such, has not identified these three properties by address or owner.) REVIEWED BY CITY MANAGER: i January 12, 2049 regular meeting AGENDA ITEM # 8B JANUARY 12, 2009 The third property is well maintained and the fence is in good condition. The two houses below contain old fences in poor condition. The condition of these properties creates a blighting influence on the commercial corridor as well as the surrounding neighborhood. .i-. "c =l• 0 Y _...