Item 8AAGENDA ITEM # 8A
JUNE 23, 2008
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: Request for confirmation of staff interpretation of bingo as a permitted
secondary activity at the American Legion Post 316 located at 1127 Atlantic Boulevard and also
the Fleet Reserve Association #2901ocated at 390 Mayport Road, and also other similar facilities
where bingo would be a minor and incidental recreational activity such as may be typical to
churches and country clubs.
SUBMITTED BY: Sonya Doerr, AICP ,l~i~
Community Development Director
DATE: June 06, 2008
BACKGROUND: The City has received a request from the Post Commander of the local American
Legion to allow bingo one night per week at their location at Atlantic Boulevard and Mayport Road. The
American Legion property is located within the Commercial General Zoning District, and the CG
regulations prohibit certain types of business establishments including "bingo, billiard or pool halls."
Staff does not interpret this to prohibit bingo as a typical indoor recreation activity where bingo would
clearly occur as a minor ancillary activity to the overall use of the property and where appropriate
accommodations for parking are available in a location compatible with surrounding uses.
There is no question that the American Legion is a longstanding, and well-established non-profit
veteran's organization. Post 316 was established on Mayport Road in 1974 and has been in the current
location since 1978. The American Legion is afree-standing building on a 2-acre property, and the site
has ample parking and access. This site and the manner in which it is used seem typical of such
organizations and compatible with other uses and businesses in the immediate surrounding area. Bingo at
the American Legion would be subject to the provisions of Florida Statutes, which very thoroughly
regulate this activity.
The City has also just received a similar request from the Fleet Reserve Association located at 390
Mayport Road. Circumstances would seem to substantively the exact same as with the American Legion.
In March of this year, the Commission approved a request to permit bingo at a shopping center on
Mayport Road in the Commercial Limited (CL) Zoning District in association with a veteran's
organization. Staff expressed objections regarding that request insomuch as the location is in a shopping
center which would not seem to be a customary location where a veteran's organization would hold the
activities typically conducted by such an organization, as described in the attached letters. Staff's concern
is that bingo will be the primary function at this location, and that if bingo halls as a "business
establishment" are not permitted in the more intense CG District, they should not be permitted in the CL
District. Staff does not have similar concerns with the American Legion, Fleet Reserve or churches and
country clubs.
RECOMMENDATION: Motion to approve and confirm Staffs interpretation of bingo as a
permitted secondary activity at the American Legion, Post 316, the Fleet Reserve Association,
Branch 290 and other similar organizations as regulated by State Law, and also including
churches and country clubs where bingo is clearly minor and incidental activity at such facility.
ATTACHMENTS: Letter from American Legion and Fleet Reserve Association.
BUDGET: No budget issues.
REVIEWED BY CITY MANAGER:
June 23, 2008 regular meeting
AGENDA ITEM # 8A
JCJNE 23, 2008
FLEET RESERVE ASSOCIATIOI~I
BRANCH #290
390 MAYPORT ROAD ATLA[`IT[C BEACH, FLORIDA 32233 • 904-246-6855
P. O.BOX 331538
June 7, 2008
Mr. Jim Hanson
City Manager
City of Atlantic Beach
800 Seminole Road
Atlantic Beach, Florida 32233
Dear Mr. Hanson:
Recently the Allied Veterans of the world have been given permission to hold Bingo
Games in the Atlantic Beach community.
This letter is to request a waiver from City Ordinance Number 90-01-172, Section 24-112
Commercial General Districts, paragraph b, which describes Permitted Uses does not
include Bingo and is listed as not in Permitted Uses. Being unsure of what the proper
procedure should be, we are available to appear before City Council or follow procedures
set forth by the City Council.
The Fleet Reserve Association Branch 290 is aNon-profit, Non partisan, Nonsectarian
organization, comprised of membership of Active enlisted members of the U. S. Navy, U.
S. Marine Corps, and U. S. Coast Guard personnel with membership locally of
approximately 4000 plus members. FRA Branch 290 has been active in the local
community since 1963 providing donations of funds, food, support of needy families
during the holiday seasons of Thanksgiving and Christmas donating complete dinners,
annual Christmas Party for the Amelia Island Mentally Handicapped Adult Care Center,
also providing scholarships to qualified children who need support in their education.
We support the various non profit organizations in the local area such as the USO, the
Beaches Honor Guard, Community Hospice, the American Red Cross, American Heart
Association, the Hubbard House, Camp Boggy Creek, and the Atlantic Beach Police
Explorers who received grants from Branch 290.
The Fleet Reserve Association holds a Federal Charter and is granted tax exempt status
under the provisions of Internal Revenue Code Section 501(c)(19), the association has
been in existence since 1924. FRA Branch 290 also holds the 501(c)(19) status and
Chartered.
AGENDA ITEM # SA
JANE 23, 2008
Fleet Reserve Association Branch 290 (FRA 290) is aNon-Profit Veterans Organization
desires to be granted permission to hold Bingo Games at the Branch Home at 390
Mayport Road, Atlantic Beach, Florida.
Thank you in advance for any consideration given.
In Loyalty, Protection, and Service
~~~
J s C. Weber
P sident, FRA Branch 290
Cc:
Mayor, John S. Meserve
President, City Council
Director, Community Development, Sonya Doerr
AGENDA ITEM # 8A
JUNE 23, 2008
Qewitt B. Tilrren Memorial Post #3t6
Atnericar~ Legi®n
1127 Atlantic Blvd.
Atlantic Beach, Ff. 32233
June 3, 2008
1~Ir. Jim~n
City Manager
City of Atlantic Beach
800 Seminole Rd
Atlantic Beach, Fi 32233-5445
Dear Mr. Hanson,
Last year American Legion Post 316 opted out of building an additic~si to 9uc Post
borne due to the Cit}~s disapproval of our request to offer bingo to the community. We
had invested approximately $40,000 which was Lost when we backed out ofthe contract.
Since then The Allied Veterans of the World have been given permission to provide
bingo to the Atlantic Beach Community and I have to answer to 1400 members as to why
a for non-profit Veterans organization that no membership criteria, and with less than 6
months in the city has been given permission to offer bingo.
The purpose of this letter is to request a waiver froth Cify Ordinance IVutiiber 90-
O 1-172, section 24-112 Commercial General Districts, paragraph b, which describes what
Permitted Uses does not include and bingo is Listed as not included in Permitted Uses. I
am not swe what would be the appropriate procedwe to follow, and I am willing to
appear before City Council or follow the procedures that resulted in approval for the
Allied Veterans of the World.
As you know, The American Legion is the largest eo~essiotially chartered non-
profit veterans organization in the world. We are extremely active in our community,
especially in regard to children and youth involvement, and support to our veterans and
active duty troops. This year alone we sent 10 boys to Boys State and 10 girls to Girls
State; provided school awards to 2 high schools, 2 middle schools and 5 grade schools;
provided ROTC awards to Jacksonville University students; awarded over $10,000 in
scholarships; provided needy baskets to many in the community at Thanksgiving and
Christmas; worked with the USO to provide packages to the troops, supported 6 USO No
Dough Dinners, and other services; sponsor Cub Scouts Pack 631, Boy Scouts Troop,
631 and Chartered a Sea Scouts Ship; worked with the Naval Station to support the many
commands on the base; made donations to Special Olympics and many other charities;
support and serve as the home Post for the Beaches Honor Guard; in shot~e tame an
active role in our community as we see a need or a request is trade.
We de riot seek a change in the ordiriarice that would open bingo to all. We feel
that our unique location and circumstances warrant consideration of a waiver. Our
AGENDA ITEM M 8A
JUNE 23, 2008
facilities are on the edge of the corzuricrcial district, and we face Neptun Beach across
Atlantic Blvd. About 95% of our traffic enters off the Atlantic Blvd entrance ramp from
Niayport 1'cd, which would not change if bingo were approved. We chose Tuesday
evening as it is our least busy night, thus our parking lot would be able to accommodate
those attending with na overflow. Even with our busiest night--Piiday night steaks-emu
patrons do not overflow our parking area. There would be no impact on the residential
area behind our Post, nor on the other businesses located near us. We currently close at
midnight Tuesday night, so our hours of operation would not be affected. At the start, it
would be a small operation as it would only be announced in our monthly bulletin and
word of mouth, and we hope it will grow to about 104 eventually. We plan to limit it to
around the 144 patron level due to the size of the building and number of volunteers we
Dave to offer it.
1 hope the City will look favorably on our second waiver request, and I would be
happy to offer more details if needed. Thank you for your time.
Si er y,
~'/
~, ~
"chael A. ~ig
Post Commander
Cc' Mayor, John S. Meserve
City Council
Community I7eveiopment Director, Sonya Doerr