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Item 8BAGENDA ITEM # 8B JANUARY 28, 2008 CITY OF ATLANTIC BEACH CITY COMMISSION STAFF REPORT AGENDA ITEM: Request for determination regarding bingo as an allowable use within the Commercial limited Zoning District. SUBMITTED BY: Sonya Doerr, AICP ,~,~ Planning Director DATE: January 18, 2008 BACKGROUND: (Please see attached letter from City dated December 12, 2007.) Allied Veterans of the World, Inc. has applied for a business license to open a "veteran's post and veteran's support organization" to include bingo within four units of the Mayport Square shopping center located at 1487 Mayport Road. As explained within my attached letter, this site is located within the Commercial Limited (CL) Zoning District. The CL district is intended for commercial uses that are of a less intense nature than uses permitted within the Commercial General, and bingo is expressely prohibited in the CG Districts. As logic would follow, staff and the customary application of zoning regulations would interpret that a use, which is prohibited in the more intense Commercial General District, would not be permitted within the less intense Commercial Limited District. Since receipt of the City's December 12th letter, the applicant has provided additional information stating that bingo is only one activity associated with the proposed veteran's post and contends that since bingo is not specifically prohibited in the Commercial Limited District, it should be permitted and has asked to operate bingo games, in conjunction with a veteran's post. Florida Statutes §849.0931 establishes provisions and conditions under which bingo games, including "scratch-offl' bingo must be played, but these provisions do not pre-empt local zoning laws. Subject to certain conditions, including the provision of parking calculations indicating required parking for the proposed use, Staff has no specific objection to this use, but believes that in this case, the City Commission should have the discretion to determine whether or not the proposed use is consistent with the stated Intent of the Commercial Limited Zoning District regulations. If the City Commission is inclined to approve this request, Staff suggests the following conditions. 1. The property owner shall provide updated parking calculations including parking for all current tenants within Mayport Square including that required by this proposed tenant. 2. No alcoholic beverages shall be served at this location. (This is stipulated within the applicant's supporting information.) 3. Upon written request from the City Manager, the applicant shall provide a report verifying compliance with the provisions §849.0931, Florida Statutes, and as set forth therein, bingo games shall be conducted not more than two days per week. BUDGET: No budget issues. RECOMMENDATION: In the case of a motion to find the proposed use and activities consistent with the Commercial (CL) Zoning District, add above conditions and others as may be appropriate. ATTACHMENTS: Section 24-111, Commercial Limited regulations and correspondence to/from applicant. REVIEWED BY CITY MANAGER: January 28, 2008 regular meeting AGENDA ITEM # 8B JANUARY 28, 2008 Initial Effective Date: 01-01-02 as adopted by Ordinance 90-01-172 Last amended on 08-13-07 by Ordinance 90-07-201 Sec. 24-111. Commercial Limited District. (CL) (a) Intent. The CL Zoning Districts are intended for low intensity business and commercial Uses, which are suitable within close proximity to residential Uses, and which are intended primarily to serve the surrounding neighborhood. Subject to review as a Use-by-Exception, and dependent upon compatibility with existing surrounding residential Uses, certain more intense commercial Uses inay also be appropriate. Permitted Uses in the CL Zoning Districts shall not include large-scale discount super-centers or "Big-Box" retailers or similar commercial Uses intended to serve a regional market. Uses shall also not include establishments for Live Entertainment, or Adult Entertainment Establishments, outdoor entertainment such as putt-putt golf and driving ranges, skateboard facilities, firing ranges, amusement centers and video game arcades and any type of token or coin-operated video or arcade games, movie theaters, billiard and pool halls. (b) Permitted Uses. The Uses permitted within the CL Zoning Districts shall be as follows. (1) Service establishments such as barber or beauty shops, shoe repair, laundry or dry cleaning pick- up, tailors or dressmakers; low intensity retail sales of items such as wearing apparel, toys, sundries and notions, books and stationery, luggage and jewelry and similar Uses; but not sale of lumber, hardware or Building materials or similar products. (2) Art galleries, libraries, museums and cultural centers. (3) Medical and dental offices, but not clinics or hospitals. (4) Professional Offices such as accountants, architects, attorneys, engineers, optometrists and similar Uses. (5) Business offices such as real estate broker, insurance agents, manufacturing agents and similar Uses. (6) Banks and financial institutions without drive-through facilities. (7) Convenience food stores without fuel sales, but not Supermarkets. (8) Restaurants without drive-through facilities. (9) Drug Stores and Pharmacies without drive-through facilities. (10) Government Uses, Buildings and facilities. (11) Child Care Centers in accordance with Section 24-152. (12) A single Dwelling Unit, where such Dwelling is an Accessory Use to the Principal Use and located within the same Building as the Principal Use. Such Dwelling Unit is intended to be occupied by the Owner or an employee of the Principal Use. (c) Uses-by-Exception. Within the CL Zoning Districts, the following Uses may be approved as a Use- by-Exception. (1) Medical or dental clinics. (2) Churches and Community Centers. (3) Banks and financial institutions with drive-through facilities. (4) Convenience food stores with retail sale of gasoline limited to six (6) fueling positions. (5) Contractor, not requiring outside storage of materials. (6) Printing shops. (7) Spas, gyms, health clubs and schools for the fine or performing arts or martial arts. 56 AGENDA ITEM # 8B JANUARY 28, 2008 CITY OF ATLANTIC BEACIi BUILDING AND PLANNING 800 SEMINOLE ROAD ATLANTIC BEACH, FLORIDA 32233-5445 TELEPHONE: (904) 247-5826 FAX: (904) 247-5845 www.coab.us December 12, 2007 Allied Veterans of the World, Inc., Affiliate 37 c/o Conrad H. Rowe 1268 Boca Grande Avenue Atlantic Beach, Florida 32233 Re: Bingo requested by the Allied Veterans of the World, Inc. Dear Mr. Rowe: I write in response to your attached letter and Local Business Tax Application requesting that the City approve a "veteran's post and veteran's support organization" to include bingo at 1487 Mayport Road. You have provided limited information describing what other activities are proposed at this location, although you have indicated that your intent is to offer bingo as a nonprofit and veteran's organization in accordance with the provisions of §849.031, Florida Statutes. The City recognizes that this Section provides very clearly defined limitations and conditions under which games of bingo must be conducted; however, these provisions do not pre-empt local zoning and Land Development Regulations. This property is within the Commercial Limited (CL) Zoning District. The CL District, by definition, is intended for low intensity business and commercial Uses, which are suitable within close proximity to residential Uses, and which are intended primarily to serve the surrounding neighborhood. While bingo is not specifically cited as a permitted or prohibited use in the CL District, other types of indoor recreation facilities, such as amusement centers, video game arcades, any type of token or coin-operated video or arcade games, movie theaters, billiard and pool halls are expressely prohibited. Such uses are excluded due to the potential that these activities often have for adverse impacts to nearby neighborhoods. (The Royal Palms subdivision is adjacent on the east side of this property.) Typical uses in the CL district are service, retail, professional offices and the like. There are no similar uses to that proposed listed within the CL district. Additionally, the CL District is intended for less intense uses than the Commercial General (CG) Zoning District, and bingo is an expressely prohibited use within the CG District, although staff interprets that to mean commercial for-profit bingo establislnnents open to the general public. In reviewing the zoning regulations with the City Manager and the City Attorney, we are of the position that, while not expressely prohibited, such interpretation is appropriately the decision of the City Commission. At your direction, we can schedule this matter to be considered by the City Commission at their January 14th meeting. Also, be advised that if the City Commission deems this to be a permitted use within the CL District, all other typical requirements will apply including provision for adequate parking as required by the parking regulations, compliance with applicable building, occupancy and fire codes and other conditions as the City Commission may judge appropriate. Also a system to verify ongoing compliance with all provisions §849.031 Florida Statutes will be required. As you are aware from the statutory provisions, bingo can occur not more than two days per week. Please clarify what activities would occur on the property during the remaining five days of the week. You may contact ine at 247-5826 to further discuss. Sincerely, ~D~ ~o~_ Concur: un Ha on, City Manager Sonya Doerr, AICP Community Development Director cc: Alan Jensen, City Attorney AGENDA ITEM # 8B JANUARY 28, 2008 Conrad H. Rowe Allied Veterans of the World, inc. Affiliate 37 1268 BocaGrande Ave. Atiantic Beach, Florida 32233 1/14/2008 City of Atlantic Beach Building and Planning 800 Seminole Road Atlantic Beach, Florida 32233 Attn: Sonya Doerr Dear Ms. Doerr, After reading your letter dated December 12th, 2007, it's very Gear our efforts to obtain a local business license must have been misunderstood. Our application was not fora "bingo hall." It was an application to open our veterans post at Mayport Square. While bingo is one of the more enjoyed ways we raise monies for our charitable contributions, it is by no means our only fund raiser. More importantly, bingo is not the sole reason our organization exists. I thought our application . had provided enough support documentation it would be easy to see how welt rounded we are. We brought up bingo in our application package so it would not be seen as an issue after the fact. Apparently our honesty has been contorted to represent what we Nare," when those who have been so quick to judge they missed not only who we are but what our organization stands for. Please take a minute and allow me the opportunity to explain our plans and what we feel is our .purpose. Our intentions at application were to provide our post a home. We were previously located in St. Augustine and made a decision to relocate to Atiantic Beach (as most of us actually live in Atlantic Beach). By us I am referring to our active members and our auxiliary members. Our post is the "home" for our organization. The post provides fellowship, a place to gather socially, a dedicated location for affiliate meetings and a place for fundraising ... it is the hub where we plan to exist. AGENDA ITEM k 8B JANUARY 28, 2008 Aside from bingo we do raise funds other ways too. We conduct car washes, paper sales, cake sales, yard sales, and sponsor concerts. We do a variety of things. The monies we collect are contributed to the following groups: VA Hospitals, VA Monuments, Fraternal Order of Police, Police Athletic League, DARE, USO, Community in Schools,.... Just to name a few. We have participated in toy drives, provided community food baskets, and already do support some of the less fortunate here in Atlantic Beach. We do host a fish fry weekly and on more than one occasion provided dinners to others in the community behind KJs .The first really cold night we had here we handed out blankets to the homeless in the community. While this may sound very trivial, believe me the people in your community remember that someone took a minute to remember them, and that is what we are about. Our typical weekly agenda includes: - A night dedicated to a meeting for the members , to be a typical meeting for our post - A night allocated for the auxiliary members to meet - Two days dedicated for bingo - A night for members to have dinner together - A day set aside for other social activities - Sunday am for brunch and STS (shoottn the *I*!) Some of the social activities will vary as we go like any other group migfit. We can guarantee you one thing, regardless of our activities we are all law abiding citizens who care about helping others. As previously stated we do pledge to make charitable contributions back to the community. One of our bingo nights we have made arrangements with Chuck Carroll of the Lyons Club to give 100% of our proceeds directly to the USO (of which t am a charter member). Like many other Veterans I am a member with multiple charitable organizations. We wil! have also made arrangements to have an Atlantic Beach Officer at AGENDA ITEM # 8B JANUARY 28, 2008 ~~ the door the night we have bingo. Off duty of course and paid by us.as well. Our organization will benefit many. The Allied Veterans appreciates your stated intent in regards to the Atlantic Beach ordinances but we feel it's equally as important to remember that there is nothing prohibiting Mayport Square from having anon-profit organization post in its center, nor do they prohibit such a group from holding bingo,~meetings, or any other social type gathering. I do realize~from your letter that your intentions and your stated laws somewhat conflict and while none of our activities are cited as prohibited or those that would require use by exception we have still been subject to the interpretation of the City Commission. On a personal note I find that very irregular as we are not asking you to go against any of your stated rules, especially as there are other organizations that regularly conduct much of the same within your city limits. As the commander of the Allied Veterans Post I hope I have laid to rest your concerns and will attend the next meeting as requested on the 28th of this month, at which time we do hope you will grant our request. Sincerely, Conrad H. Rowe AGENDA ITEM # 8B JANUARY 28, 2008 Allied Veterans +~f the L~Borld, inc. Affiliate Ba C/® Conrad fi. Rowe 1268 Boca Grande Avenue Atlantic Beach, Florida 32233 904-485-0910 Cit~,r of Atlantic Beach 800 Seminole Road Atlantic Beach, Florida 32233 December 10, 2007 RE: Business License Application Dear City of Atlantic Beach, ~"he Allied Veterans of the 1fVorld, Inc. is a nat-frxr-pr:afit veteran's organization proeriding assistance to its members and raisid~g funds to help military ass~c'sat~~d causes. Lti~e are requesting a business license that will allow us to use Bingo as a fund raising medi~.am. J~°e are a farraily oriented organization and will adhere strictly to the following: ~ We will follow all of the guidelines of Firrida Statute 849.0931 which explicitly controls Bingo authorization for non-profits, establishes uses of crocecds, and limitations on play. ® We will adhere to fire regulation occupancy requirements within the building as dictated by the Florida Fire Prevention Code, Life Safety Codes and NFPA101 used by the Fire Marshall. ~ We will follow Comply with the City of Atlantic Beach ar3d their sign ordinance regulations as weld as more restrictive shopping center limitations asset forth by B&K Property Management & Development, Inc. ~ We do not plan to serve or sec! any alcohol on the premises. As the Commander of the proposed post and a citiz n of Atian±ic coach, !guarantee that if given the opportunity you will see that the Allied Veterans will rer~iain a continual asset to tl~se city anti eis May~;ort CQ!TZ m u n Ity. Pest Regards, Conrad Rowe ~^ ~ ~ ,,-' AGENDA ITEM # 8B JANUARY 28, 2008 CITY OF ATLANTIC BEACH 800 SEMINOLE ROAD, ATLANTIC BEACH, FL 32233 LOCAL BUSINESS TAX APPLICATION Section 1 APPLICATION FOR -Please circle one: New Business (If Transferring to new location, what was your previous bush BUSINESS NAME >~ LOCATION ADDRESS MAILING ADDRESS Il BUSINESS PHONE ,~ Transfer of Ownership location?) FAxUC;~~-I -217- ~ 22 NATURE OF THE BUSINESS (Please Be Specific) `'' "",'~ ,~~ ~~ L ~ ~' ~r ZC~ U(~ n, ~ SQUARE FOOTAGE OF BUSINESS PREMISES ~.,'-~' 7 (Include both buildings and outside areas used in conjunction with t e NUMBER & TYPE OF VENDING MACHINES (if any) ~,+ Transfer to New Location CELL' s, but not patron parking areas) Section 2 APPLICANT/ LOC )~M~ANAGER/ PCIPAL OFFICER ..~~~~ (,~_~~. ~ , HOME ADDRESS ~~-l.G~.,} ~ 1~n t "TI~~~~ ~~~. ~Ii ~(~ ~ ~~ ~ I1~ H~fl /' ~ (' ~l ~ ~ ~,-'7'7.:2' HOME PHONE "ll.i ~-- ` j "" ' SS# or Fed Employer ID # ~~~ ' ~ ` ~~~ Fc DATE OF BIRTH ~ DRIVER'S LICENSE #~' ~~L. ~~ ~ l ;~~~ ~ I (Attach copy) STATE LICENSE/CERTIFICATION/REGISTRATION # (if applicable, attach copy) Section 3 I, the undersigned, swear that the above statements are true and correct and I agree to notify the City Clerk if there is any change in the above information. I further understand that issuance of a Local Business Tax Receipt by the City Clerk in no way relieves me of the responsibility of complia a with all provisions of the Code of Ordinances pertaining to conducting a business in the City of Atlantic Beach. i ature Title i ~ ins ~- a~ PRINT NAME Date No person, firm or corporation shall engage in or manage any trade, business, profession, or occupation in Atlantic Beach without first obtaining a Local Business Tax Receipt. Application and/or payment does not constitute approval or issuance of a receipt. Section 4 (For Office Use Only) FEE PAID FULL/HALF YR CODE # & CLASSIFICATION RECEIPT # FICTITIOUS NAME REG. CORPORATION REG. STATE REG./CERT HEALTH CERT REQUIRES~CO~~ISSTON AppROVAL? Yes / No DA~,,~'~~,OV~D~DENIED BY COMMISSION ZONING A~~b~D BY __ _ DATE - -- - BUILDING DEPT APPROVED BY FIRE DEPT APPROVED BY CITY CLERK APPROVED BY OTHER DATE DATE DATE AGENDA ITEM # 8B JANUARY 28, 2008 ooooi DEPARTMENT OF REVENUE 85-80124958130-0 This certifies that COnSU111er'S CertlflCate Of EXemptlOn ~R-~4 R: 01/02 Issued Pursuant to Chapter 212, Florida Statutes 04/26/2004 04/30/2009. .:VETERANS ORGANIZATION ALLIED VETERANS OF THE WORLD INC 1918 STATE ROAD 16 SAINT AUGUSTINE FL 32084-0810 is exempt from the payment of Florida sales and use tax on real property rented, transient) personal property purchased or rented, or services purchased. DEPARTMENT OF REVENUE Important Information for Exempt Organizations ~- , DR-14 R. 01/02 1. You must provide all vendors and suppliers with an exemption certificate before making tax-exempt purchases. See Rule 12A-1.039, Florida Administrative Code (FAC). 2. Your Consumer's Certificate of Exemption is to be used solely by your organization for your organization's ciasto~airy nonprofit activities. 3. Purchases made by an individual on behalf of the organization are taxable, even if the individual will be reimbursed by the organization. 4. This exemption applies only to purchases your organization makes. The sale or lease to others by your organization of tangible personal property, sleeping accommodations or other real property is taxable. Your organization must register, and collect and remit sales and use tax on such taxable transactions. Note: Churches are exempt from this requirement except when they are the lessor of real property (Rule 12A-1.070, FAC). 5. It is a criminal offense to fraudulently present this certificate to-evade the payment of sales tax. Under no circumstances should this certificate be used for the personal benefit of any individual. Violators will be liable for payment of the sales tax plus a penalty of 200% of the tax, and may be subject to conviction of a third degree felony. Any violation will necessitate the revocation of this certificate: 6. If you have questions regarding your exemption certificate, please contact the Exemption Unit of Central Registration at 850-487-4130. The mailing address is 5050 West Tennessee Street, Tallahassee, FL 32399-0100.