| | | | | | | |  | Committee Assignments - C4 J
COMMISSION MEMORANDUM |
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| | | | | | | | | TO: | Honorable Mayor and Members of the City Commission | | | FROM: | Alina T. Hudak, City Manager | | | DATE: | June 28, 2023 | | | |
| | SUBJECT: | REFERRAL TO THE PLANNING BOARD - LDR AMENDMENT TO MINIMUM FENCING REQUIREMENTS FOR VACANT AND ABANDONED PROPERTIES. |
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| | | | | | | | RECOMMENDATION
| The Administration recommends that the City Commission refer the attached ordinance to the Planning Board.
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| | | | | | | | BACKGROUND/HISTORY
| On November 16, 2022, at the request of Commissioner Kristen Rosen Gonzalez, the City Commission referred the subject discussion (C4 AE) to the Land Use and Sustainability Committee (LUSC). On May 10, 2023, the LUSC recommended that the City Commission refer an ordinance amendment to the Planning Board based upon the options identified in the LUSC memo.
BACKGROUND
The City Code currently requires fencing for vacant and abandoned lots pursuant to the regulations set forth in Section 142-876 of the Land Development Regulations (LDRs) of the City Code, which govern size (i.e., height), materials, location, construction requirements, and access. |
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| | | | | | | | ANALYSIS
| The following is a summary of current code requirements for securing and fencing vacant and abandoned properties, as well as the proposed amendments in the attached draft ordinance:
Current Code Requirements:
• Height. There is no minimum height requirement for fences in single-family districts (maximum height of 7 feet and 5 feet along the water side). In all other districts the minimum and maximum fence height is 7 feet, except for portions of a site fronting a waterway, in which case the maximum height is 5 feet. If a property contains a building that is setback less than 5 feet from a property line, or there is an existing CBS wall that is at least 5 feet in height, the planning director, or designee, may waive the minimum fence requirements along those property lines, provided that the property is secure from trespassing. In the event that an abutting property has an existing fence along an interior side and/or rear property line, and such fence provides adequate securing of the property, the planning director, or designee, may waive the requirement for a fence along such property lines. Within single family, townhome, and all other residential districts, the fence shall be set back 4 feet from front and side street property lines.
• Materials. Along the front, street side and any waterway portions of the property line (including all required front yards, side street yards, and rear yards facing a street or waterway, an aluminum picket fence is required. Along interior property lines, as well as rear property lines not facing a waterway or street, black or green vinyl coated chain-link fencing, of permanent-quality construction, may be permitted, provided such fencing is not located within a required front yard, street side yard, or rear yard facing a waterfront.
• Construction requirements. All fences must be of permanent-quality construction.
• Access. Wherever there is a driveway approach to enter a lot, vehicular access onto the lot shall be required for maintenance purposes, with a locked gate.
Proposed Modified and Additional Requirements:
• Height. In single family districts, a new minimum height requirement of 4 feet would be established, with a maximum height of 7 feet, except for those sides of the property facing a waterway, in which case the maximum height would be 5 feet. In all other zoning districts, a minimum and maximum 7-foot high fence would be required along all property lines, except those facing a waterway, in which case the minimum and maximum height shall be 5 feet.
• Height Exception. For non-single-family districts, the planning director may approve a fence height not to exceed 10 feet in height along all sides of the property, if the property owner can substantiate security and trespassing issues.
• Materials. Along all property lines, including all required yards, an aluminum picket fence would be required. There would no longer be an option for a vinyl coated chain link fence along interior side and non-waterfront rear yards.
• Site conditions and landscape. The entire site shall be raised to sidewalk grade and sodded, in a manner to be approved by the planning director. Additionally, a landscape plan that includes shrubs and palm trees shall be required, subject to the approval of the planning director. Such landscape plan shall allow unimpeded visibility into the site at all times. All landscaping required herein shall be installed and maintained as required by the permit and the city's landscaping code, until such time as new construction is authorized and commences.
Aluminum picket is considered the gold standard for perimeter fencing, as it allows for a high level of visibility into the vacant site and consists of a very high quality and durable material. Additionally, the proposed minimum landscape and site requirements will help address any long-term drainage and water retention issues, as well as improve the aesthetics of the vacant site.
APPLICATION FEE WAIVER
The subject amendment is proposed on a comprehensive, citywide basis, and not on behalf of a private applicant or third party. Pursuant to section 118-162(c) of the Land Development Regulations of the City Code, amendments to the City Code require the payment of the applicable fees in section 118-7 and Appendix A. These fees may be waived by a five-sevenths (5/7ths) vote of the City Commission, based upon one or more of the following circumstances:
1. The City Manager determines, in writing, that the proposed amendment is necessary due to a change in federal or state law, and/or to implement best practices in urban planning;
2. Upon written recommendation of the City Manager acknowledging a documented financial hardship of a property owner(s) or developer(s); and/or
3. If requested, in writing, by a non-profit organization, neighborhood association, or homeowner's association for property owned by any such organization or association, so long as the request demonstrates that a public purpose is achieved by enacting the applicable amendment.
The City Manager has determined that the proposed amendment is necessary to implement best practices in urban planning.
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| | | | | | | | SUPPORTING SURVEY DATA
| | Improve Aesthetics of Residential and Commercial Districts |
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| | | | | | | | FINANCIAL INFORMATION
| | No Fiscal Impact Expected |
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| | | | | | | | CONCLUSION
| The Administration recommends the following:
1. The City Commission refer the attached ordinance to the Planning Board.
2. In accordance with section 118-162(c) of the City Code, the City Commission waive the applicable application fees based upon the legislation implementing best practices in urban planning. |
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| | | | | | | | | Is this a "Residents Right to Know" item, pursuant to City Code Section 2-14? | | Does this item utilize G.O. Bond Funds? | | | Yes | | No | |
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| | | | | | | | Legislative Tracking
Planning |
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| | | | | | | | Sponsor
Commissioner Kristen Rosen Gonzalez |
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