Item 8BAGENDA ITEM # 8B
MARCH 10, 2008
CITY OF ATLANTIC BEACH
CITY COMMISSION STAFF REPORT
AGENDA ITEM: Request to approve 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 within the
Commercial Limited (CL) Zoning District.
SUBMITTED BY: Sonya Doerr, AICP ~,~
Planning Director
DATE: February 28, 2008
BACKGROUND: Following a request at the January 28th meeting from the property owners of the
Mayport Square Shopping Center to approve a business at their Mayport Road property, the City
Commission referred the matter to the Community Development Board. The specific request was to allow
the Allied Veterans of the World, Inc. to open a "veteran's post and veteran's support organization"
including bingo and other activities to occupy four units of the Mayport Square shopping center. The
Applicant's attached letter infers that other than meetings and social gatherings, bingo would be the
primary active use proposed for this location. Other cited activities; "car washes, paper sales, cake sales,
yard sales and sponsor concerts" would not seem to be on-site fundraising activities. The CD Board
discussed this issue at the February 19th meeting with some uncertainty as to how to procedurally address
the immediate request, understanding that any change to the regulations will take an extended period of
time.
To address the broader issue, the CD board recommended that the commercial zoning district regulations
be amended to provide for consideration of activities such as bingo as a secondary activity through the
Use-by-Exception process such that the circumstances related to an individual request could be considered.
There was no consensus that bingo halls should be added as a by-right permitted primary use in the City's
commercial districts. This code revision process will take several months at a minimum. Pending such
changes, the CD Board expressed that such an interpretation as involved with this request is a matter of
policy and more appropriately within the discretion of the City Commission. Staff concurs and notes that
both the Charter and Chapter 24 of the City Code place authority for enforcing the Land Development
Regulations and the Comprehensive Plan with the City Commission.
Given that the CL District regulations do not expressely articulate this as a permitted or prohibited use,
Staff believes that it is appropriate and consistent with the authorities and responsibilities of the City
Commission to make a determination as to whether the proposed "Veteran's Post" with bingo limited to
two days per week, and other activities as described within the Applicant's attached letter of January 14th
are consistent with the Comprehensive Plan and the intent of the Commercial Limited Zoning District.
The Mayport Square shopping center was one of the first redevelopment projects along the COAB portion
of Mayport Road and replaced the old Fred's Saloon, which had existed as a blighted and negative
influence on the southern end of Mayport Road for many years. The redeveloped center contains several
restaurants and a collection of small retail shops. Staff commends this redevelopment effort and recognizes
that delays in the Mayport Road median project and the economic down-turn have presented challenges to
small businesses and the property owners, and further, that empty dark spaces do not encourage continued
reinvestment in the area. Staff also suggests that the applicant is entitled to a decision in a timely manner.
Staff continues to have concerns, however, that this proposed use may not have a "stimulating" effect for
other neighborhood serving retail and services uses for which the Commercial Limited district is expressely
intended. This location would seem to be out of character with the Allied Veterans of the World's previous
AGENDA ITEM # 8B
MARCH 10, 2008
location in St. Augustine, although that location on State Road 16 possesses many of the same
characteristics of Mayport Road. (See attached photos.) Such uses including VFWs, American Legions,
FOP and Masonic lodges and the like are more typically in locations with ample parking, outdoor picnic
and recreation areas and in freestanding buildings. A retail shopping center would seem to be an unlikely
location for such uses as these typically operate. The property owners should also be aware that the change
in use from the previous restaurant use to a place of assembly is likely to require construction upgrades to
meet Building and Fire Codes for this new use.
The relevant provisions of the Comprehensive Plan and the Land Development Regulations are set forth
below. Any action to approve should contain findings of consistency with these provisions.
Comprehensive Plan Future Land Use 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.
Land Development Regulations Section 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 may
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.
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 consumed, sold or 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.
4. Appropriate hours of operation should also be established.
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: Draft Community Development Board minutes, correspondence to/from applicant
and photos.
REVIEWED BY CITY MANAGER:
March 10, 2008 regular meeting
AGENDA ITEM # 86
MARCH 10, 2008
Previous St. Augustine location on State Road 16
AGENDA ITEM # 8B
MARCH 10, 2008
^~~
s,
State Road 16 corridor in the immediate vicinity of the
previous Allied Veterans of the World location
AGENDA ITEM # 8B
MARCH 10, 2008
Draft minutes of the February 19, 2008 regular meeting of the Community Development Board
ITEM 5.e. Discussion regarding the need to clarify certain aermitted uses with commercial
zoning districts.
Ms. Doerr introduced the item, explaining that there had recently been a business application for
and activity at 1487 Mayport Road in the Commercial Limited (CL) Zoning District that staff had
concerns as to whether the use was permitted in the CL district. The applicant, representing a
veteran's organization, wished to lease the property for the operation of a veteran's post, with the
intention of holding bingo two days of the week. Bingo is expressly prohibited in the Commercial
General (CG) Zoning District. CL is a less intensive zone, intended primarily for neighborhood
services; therefore, logic should follow that a more intensive activity would not be permitted in a
more restrictive zoning district. However, the applicant disagreed because the activity was not
expressly prohibited in CL, and felt it should therefore be allowed.
Mr. Hansen noted that the applicant had gone directly to the City Commission with this request,
and they in turn, referred it to the CD Board. The general consensus of the CD Board was that
without specific guidance in the code, this was more an issue of policy, and they were unclear with
what the standard of consideration should be.
Ms. Doerr explained to the Board that they were not required to address the specifics of this
particular application, but to review the intent of the CL regulations and determine whether the
zoning regulations needed to be amended to expressly address bingo as a permitted activity in the
commercial districts or residential districts where bingo might be played at a church or private
club. Currently there are no provisions that regulate bingo as an accessory use or activity other
than as prohibited in the CG district. Ms. Glasser asked about churches that play bingo. Ms.
Doerr stated that the City did not regulate such activities in churches or private clubs where this
was clearly a minor and ancillary activity to the main use, and that there had been no suggestion
that these activities should be regulated. Ms. Doerr explained that the intent of the Commercial
Limited district and questioned how this use would fit into that intent.
Mr. Boyer clarified that the application was for a business license to operate a veteran's post, and
incidentally offer bingo twice a week. The applicant was not seeking aUse-by-Exception.
Mr. Lambertson reiterated that bingo is prohibited in CG and that there should be some option to
consider it, at least in that district. He recommended looking at the most intense zoning district
(CG) and possibly listing it as a permitted accessory use in conjunction with a principal use or
activity, or tying it to the Use-by-Exception process, so that each case could be thoroughly
reviewed by the Board. He asked Ms. Doerr if she could draft language to that effect.
Mr. Hansen said he sensed that the Commission wanted a resolution to the issue of process.
Ms. Glasser agreed with Mr. Lambertson's suggestion that bingo should be addressed by means of
a Use-by-Exception, as a secondary or ancillary use. She questioned how churches would be
affected.
Mr. Boyer said that the City is obligated to provide a zoning district in which churches and
businesses may locate, but the City is not obligated to address or identify every possible use.
Discussion continued related to how this specific request might be addressed.
Page 8 of 11
AGENDA ITEM # 8B
MARCH 10, 2008
Draft minutes of the February 19, 2008 regular meeting of the Community Development Board
MOTION: David Boyer made a motion that the Board recommend to the City Commission
bingo be permitted as aUse-by-Exception, as a secondary, accessory or ancillary use in the
Commercial General Zoning District. Lynn Drysdale seconded the motion. Ms. Glasser
again expressed concern over how this would affect churches. Ms. Doerr replied that the
revisions could be made to the definitions for churches and community centers to address
bingo as a fundraising activity. Mr. Boyer warned that care must be taken in defining what
a church is and can do. Mr. Lambertson asked Ms. Doerr to do some additional research,
formulate some options and bring them back to the Board at the next meeting. Mr. Drysdale
withdrew her second and Mr. Boyer withdrew his motion, for further consideration of
options. It was agreed that staff would prepare some provisions for the CD Board to
consider, and bring those back at a future meeting.
Page 10 of 11
AGENDA ITEM # 8B
MARCH 10, 2008
Conrad H. Rowe
Allied Veterans of the World, inc.
Affiliate 37
12ti8 BocaGrande Ave.
Atlantic Beach, Florida 32233
1/14j2008
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
Clear our efforts Lo 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 "are," 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 Atlantic Beach (as most of us actually
live in Atlantic Beach). By us I am referringto 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 tt 8B
MARCH 10, 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 herein Atlantic Beach. We do host a fish fry weekly
and on more than one occasion provided dinners to others in
the community behind K1s .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 (shootin the *!*!}
Some of the social activities will vary as we go like any other
group might. We can guarantee you one thing, regardless of
our activities we are all law abiding citizens who care about
helping others.
As oreviously 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 1 am a charter member). like many other Veterans I am
r rrlombor with m~,~ltiple charitable nrg2nzati4nS. We will have
also made arrangements to have an Atlantic Beach Officer at
AGENDA ITEM # SB
MARCH 10, 2008
,r..~
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
cealize~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 28`h of this month, at which time we do
hope you will grant our request.
Sincerely,
Conrad Ft. Rowe
AGENDA ITEM # 8B
MARCH IQ 2008
Allied Veterans rf the l~V®rid, lnt. Affii6ate ~T
C/O Conrad N. Rowe
1268 Boca Grande Avenue
Atlantic Beach, Florida 32233
904-485-0910
City of Atlantic Beach
800 Seminole Road
Atlantic Beach, Florida 32233
December 10, 2007
RE: Business License Application
Dear City of Atlantic Beach,
The Allied Veterans of the World, Inc. is ~ not-fc r-pr .fit ,veteran's organization providin? assis±ance to its
members and raising funds to help militao y ass, ciatt~d cruses. '~h'2 are requesting a business Ii~ense that
will allow r:s to use Bingo as a fund rGisin~ rr~edi+,;m. ~lN a~e a farr~iE,~ oriented organization and will
adhere stricti~?r tome following:
We will follow all o* the guideiin_•s or' Fi ~rida Statut« 8~9.s".~331 „~1hici~ explicitly r~rnt~o~s Bingo
authorization for nan-profits, psiab'ishc~s uAes ~# :.roc~tie:=, and limitations on play.
We will adhere to fire regulation oc;.u~fz~>>cy re~uiremF~;its »'~~thin the building c-, dictated by the
Florida Fire Prevention Code, Lite Safety Codes and NFP!~1Ui used by the Fire 'Vlars:~ail.
• We will follow Comply with the City of >',*,lantic Beach ar,d their sign ordinance regulations as
well as more restrictive shopping center limitations as set forth by 68~.K Property Management
& Development, Inc.
® We do net plan to serge or soil ac~y alcohol ;gin ti~~e prem+s~:
As the Commander of the proi~ased post and a ~:'stiz~n of Atian~:iC. c~eaci-~, 1 guar antee that :f ;riven the
opportunity you will see that the Allie•~ Veterans will rev+.~ai~ a con~~inua~ asset to tf°+e city anew i?s MayUort
corr,munity.
Best Regards,
~]`'wi
Conrad Rowe ti ~ /
AGENDA ITEM # 8B
MARCH 10, 2008
CITY OF ATLANTIC BEACH
S00 SEMINOLE ROAD, ATLANTIC BEACH, FL 32233
LOCAL BUSINESS TAX APPLICATION
Section 1
APPLICATION FOR -Please circle one: New Business Transfer of Ownership
(If Transferring to new location, what was your previous business location?)
BUSINESS NAME ~1i ~, ~ ~~ 1 ~a1~(~"~~7 ~..~ -~ [~~ra
LOCATION ADDRESS I~~ MC. 7f.~~^~ ~ ~ ~l0 ~l!`^ ~~`~ ~
r~ r ~:
MAILING ADDRESS lt-~~~I ~ ~141~' ~r~ ~~ ~ ~~~~~I~ ~ ~ ~)
BUSINESS PHONE FAX ~ ~,~~-
NATURE OF THE BUy~SINESS (Please Bre Specific) ~ r ,.,.fir- ~r
SQUARE FOOTAGE OF BUSINESS PREMISES ~ l~
(Include both buildings and outside areas used in conjunction with 1
~- ~.~ ~ }.
CELL'
t.,
s, but not patron parking areas)
NUMBER & TYPE OF VENDING MACHINES (if any) ~/,% _
Section 2
APPLICANT/
HOME ADDRESS
HOME PHONE
DATE OF BIRTH
DRIVER'S LICENSE #~" LC~L ~~,,(.,~ i ~ ~j~l ~ ~~ ~ (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 e with all provisions of the Code of Ordinances pertaining to conducting a business in the City of Atlantic Beach.
_ ,, ~-- ~e~ 5 i [`' a r~ e^"1 ,a w i7 C-n ~ ~ef
t ature Title
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)
CODE # & CLASSIFICATION
FICTITIOUS NAME REG. CORPORATION REG
HEALTH CERT OTHER
STATE REG./CERT
REQUIRE~CO~1.V1:ISSTC)N APPROVAL? Yes / No DA7,>y„~,~rl?)~QV~D'DENIED BY COMMISSION
ZONING~D BY _ _ _ _ _ __ DATE
BUILDING DEPT APPROVED BY
FIRE DEPT APPROVED BY
CITY CLERK APPROVED BY
FEE PAID FULL/HALF YR
RECEIPT #
Transfer to New Location
DATE
DATE
DATE
AGENDA ITEM # 8B
MARCH 10, 2008
Business Name ALLIED VETERANS OF THE WORLD,INC: AND AFFILIATES (Charitable
Organization)
r
City/State SAINT AUGUSTINE, FL ,
~ Registration Number
Registration Expiration
Date
Revenue Source
.~ ~ Total Revenue
~, Program Services Cost
Administrative Cost
.~ ~ Fund-Raising Cost
CH22577
03/08/2008
DCS Report Form (12/31/2005)
$172,715.00
$2,525.00 (2% of Total Expenses)
$22,978.00 (14% of Total Expenses)
$138,353.00 (84% of Total Expenses)
Payment to Affiliates $0.00 (0% of Total Expenses)
Total Expenses $163,856.00 '
Surplus/Deficit $8,859.00
~ Branches: ALLIED VETERANS AFFILIATE 31 -- JACKSONVILLE, FL
I Branches: ALLIED VETERANS POST 2 -- SAINT AUGUSTINE