Item 8AAGENDA ITEM # 8A
MAY 11, 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 ,~~
Community Development Director
DATE: April 29, 2009
BACKGROUND: The Commercial Corridor provisions that were adopted in 2003 apply only to
commercial zoning districts, which include the Commercial General (CG), Commercial Limited (CL)
and Commercial, Professional and Office (CPO) districts. Notification was sent to all property owners
along Mayport Road at that time, although it is not unreasonable to think that the current owner who
would have received a notice would have given it little thought since he was probably unaware that his
property was zoned commercial. (The other two properties changed ownership in 2005.)
The Mayport Road frontage of the Atlantic Beach Villa subdivision between Saratoga Circle and
Forrestal Circle 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 three 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 an attractive well-maintained property. The other two lots are not as well-maintained.
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. Staff 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 Corridor 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 standards.
• Allow existing fences that are in acceptable condition to remain subject to being appropriately
landscaped such that the fences will be concealed within a reasonable period of time.
May 11, 2009 regular meeting
AGENDA ITEM # 8A
MAY 11, 2009
BUDGET: No budget issues.
RECOMMENDATION: It is staff's opinion that the City's best interests would be served by
maintaining the Commercial Corridor standards as they were adopted in 2003 and to develop a plan for
compliance with the owners of these properties. As noted there are only three residential lots that are
impacted by the chain-link fence provision. All three are corner lots; one (below) is a well maintained
owner-occupied property with achain-link fence that is in good condition. Staff recommends that this
property owner either be granted a reasonable period of time to replace this fence, or alternatively,
install some type of landscaping that would conceal the fence at least along the Mayport Road side, and
coordinate with the tree ordinance administrator to identify appropriate planting materials which are
most likely to grow quickly and conceal the fence. These are corner lots, and any landscaping would
have to be maintained at a height that does not interfere with clear vehicular sight distance.
3 Forrestal Circle, North
The other two properties (following pages) contain fences that are 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 are at the entryway to the corridor and are 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.
REVIEWED BY CITY MANAGER:
May 11, 2009 regular meeting
2
AGENDA ITEM # 8A
MAY 11, 2009
90 Forrestal Circle, South
May 11, 2009 regular meeting
(Note sight distance obstruction by overgrown hedge.)
AGENDA ITEM # 8A
MAY 11, 2009
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May 11, 2009 regular meeting
4
2 Forrestal Circle, North