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05-12-97 v CITY OF ATLANTIC BEACH COMMISSION MEETING - May 12, 1997 AGENDA Call to order Invocation and pledge to the flag 1. Approval of the minutes of the Regular Commission Meeting of April 28, 1997 2. Recognition of Visitors: A. Donation of defibrillator for Lifeguards B. Presentation of Proclamation recognizing Public Works Week 3. Unfinished Business: A. Action on a request from Shorecrest Condominium Association to deviate from the height requirements at 193-197 Beach Avenue 4. Consent Agenda: A. Acknowledge receipt of monthly reports from Code Enforcement and Recreation Departments 5. Action on Resolutions: 6. Action on Ordinances: A. Ordinance No. 60-97-10: Public Hearing (Continued from April 28, 1997) and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH AMENDING CHAPTER 17, SIGNS AND ADVERTISING STRUCTURES; PROVIDING FOR AMORTIZATION OF NON-CONFORMING SIGNS; AND PROVIDING AN EFFECTIVE DATE 7. New Business: A. Public Hearing and action on an application for a Use-by-Exception filed by Affiliated American Inns, III, Ltd., D.B.A. Mayport Garden Inn, to construct a 90-room suite hotel on property at 2301 Mayport Road, on property zoned Commercial General (CG) B. Request for deviation from 35-foot height requirements Mayport Garden Inn C. Authorize execution of Memorandum of Understanding between the Atlantic Beach Fire Rescue Department and Jacksonville Fire Rescue Department Page Two AGENDA May 12, 1997 D. Authorize execution of Agreement for Maintenance between the State of Florida Department of Transportation and the City of Atlantic Beach E. Appoint Sign Ordinance Committee F. Appoint Commissioner to serve on an RFP review committee for the selection of a new auditing firm 8. City Manager Reports and/or Correspondence: A. Report relative to cleaning of Department of Transportation ditches 9. Reports and/or requests from City Commissioners, City Attorney and City Clerk Adjournment If any person decides to appeal any decision made by the City Commission with respect to any matter considered at any meeting, such person may need a record of the proceedings,and,for such purpose,may need to ensure that a verbatim record of the proceedings is made,which record shall include the testimony and evidence upon which the appeal is to be based. Any person wishing to speak to the City Commission on any matter at this meeting should submit a request to the City Clerk prior to the meeting. For your convenience,forms for this purpose are available at the entrance to the Commission Chambers. In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes, persons with disabilities needing special accommodation to participate in this meeting should contact the City Clerk. V V MINUTES OF THE REGULAR MEETING OF THE ATLANTIC 0 0 BEACH CITY COMMISSION HELD IN CITY HALL, 800 SEMINOLE T T ROAD,AT 7:15 PM ON MONDAY, MAY 12, 1997 E E D D PRESENT: Lyman Fletcher, Mayor M S Mike Borno 0 E John Meserve T C I O Y Steve Rosenbloom, NAME OF ON E N Suzanne Shaughnessy, Commissioners COMMRS. N D S 0 , AND: Alan C. Jensen, City Attorney Jim Jarboe, City Manager Maureen King, City Clerk The meeting was called to order at 7:15 p.m. The invocation was offered by Mayor Fletcher, followed by the Pledge of Allegiance to the Flag. L Approval of the minutes of the Regular Meeting held April 28, 1997. MESERVE X X BORNO X Motion: Approve minutes of the Regular Meeting held ROSENBLOOM X X April 28, 1997. SHAUGHNESSY X FLETCHER X The motion carried unanimously. 2 Recognition of Visitors: A. Donation of defibrillator for Lifeguards Public Safety Director Thompson introduced Lifeguard Chief Chip Drysdale and Larry Shealy of Survivalink Corporation and stated the city's Lifeguard Corps. would be the first in northeast Florida to have use of a defibrillator. Mr. Drysdale thanked Mr. Shealy, who donated the defibrillator to the Lifeguards, and both gentlemen demonstrated how the machine worked using Alan Potter as the "victim" of sudden cardiac arrest. It was pointed out 1,000 people per day die of sudden cardiac arrest in the United States, and each minute of delay experienced after the attack reduces a person's chances for survival by ten percent. B. Presentation of Proclamation recognizing Public Works Week Mayor Fletcher read in full the Proclamation declaring May 18 - 24, V V NAME OF Minutes Page -2- COMMRS. MS Y N May 12, 1997 1997 as Public Works Week in Atlantic Beach. Mayor Fletcher then presented Public Works Director Kosoy the framed proclamation to display in the Public Works Building. Mr. Kosoy thanked the Mayor and praised his dedicated employees for the good job they do to improve the quality of life for the citizens of Atlantic Beach. C. Ruben Bennett of 100 Seminole Road Mr. Bennett appeared before the Commission to request an amendment to the current zoning ordinance to add plant nurseries to the uses by exception in RG-2 and RG-3 districts. This would allow Mr. Bennett to sell flowers, plants and small tropicals on property located adjacent to the Sunnyland Cleaners on Seminole Road. Mr. Bennett gave each Commissioner a copy of the proposed change. 3. Unfinished Business: A. Action on a request from Shorecrest Condominium Association to deviate from the height requirements at 193-197 Beach Avenue City Manager Jarboe reported that as requested by the Commission, the property was surveyed and the height of the original portion of the building was found to be 37.36 feet. It was also reported that Building Official Ford had followed up on Commissioner Rosenbloom's request and inspected the property for code violations and found nothing of consequence even though in the early years it appeared additions were made to the building with no permits. Motion: Grant exception to the building height requirement MESERVE BORNO for the Shorecrest Condominium located at 193-197 Beach ROSENBLOOM x Avenue not to exceed 38 feet. SHAUGHNESSY X FLETCHER Under discussion Commissioner Rosenbloom stated there had been no recent additions to the building and he believed this Commission was not the "watchdog" for what happened thirty years ago with regard to the building height. He also stated the property owners should be allowed to repair the building as it exists. V V NAME OF Minutes Page-3- COMMRS. MS Y N May 12, 1997 Mayor Fletcher expressed his concern that if this request was allowed, it would set a precedent for this type of request. City Attorney Jensen advised that due to amount of time that had passed with the roof exceeding the present height requirement, the property would be considered"grandfathered in" and would not set a precedent. MESERVE X Substitute Motion: Grant exception to the height requirements BORNO x X for Shorecrest Condominium located at 193-197 Beach ROSENBLOOM X Avenue not to exceed the height of 37.36 feet. SHAUGHNESSY FLETCHER X X There was no further discussion and the motion carried unanimously. 4. Consent Agenda: A. Acknowledge receipt of monthly report from the Code Enforcement and Recreation Departments The consent agenda items were received and acknowledged as presented. 5. Action on Resolutions: None. 6. Action on Ordinances: A. Ordinance No. 60-97-10: Public Hearing (Continued from April 28, 1997)AN ORDINANCE OF THE CITY OF ATLANTIC BEACH AMENDING CHAPTER 17, SIGNS AND ADVERTISING STRUCTURES; PROVIDING FOR AMORTIZATION OF NON-CONFORMING SIGNS; AND PROVIDING AN EFFECTIVE DATE Mayor Fletcher read the ordinance by title only, opened the public hearing and invited comments from those present. J.P. Marchioli of 414 Sherry Drive pointed out the following sections of the ordinance he believed needed careful examination as they could cause problems: Sections 17.7 project signs, 17.12 dealing with bulletin boards, 17.6 vehicle signs, and 17.34 dealing with sign permits for new construction projects. V V NAME OF Minutes Page -4- COMMRS. MS Y N May 12, 199/ At this point in the meeting Item 7 E was taken out of order and acted upon. There was no further discussion of the sign ordinance and the public hearing was declared continued to the May 27th Commission Meeting. Commissioner Shaughnessy stated she would like to refer Sections 17-6 and 17-10 of the proposed Sign Ordinance to the Review Committee because she believed, as written, they would prohibit Christmas lights and "Just Married" signs. 7E. Appoint Sign Ordinance Committee Mayor Fletcher stated he would like to appoint the following citizens to the Sign Ordinance Review Committee: David Jeffery, Tony Zeaiter, and John Baillie. MESERVE X Motion: Appoint David Jeffery, Tony Zeaiter and John Baillie to BORNO x the Sign Ordinance Review Committee. ROSENBLOOM X X SHAUGHNESSY X X There was no further discussion and the motion carried unanimously. FLETCHER X 7. New Business: A. Public Hearing and action on an application for a Use-by- Exception filed by Affiliated American Inns, III, Ltd., D.b.a. Mayport Garden Inn, to construct a 90-room suite hotel on property at 2301 Mayport Road, on property zoned Commercial General (CG) City Manager Jarboe stated Community Development Director Worley would answer any questions the Commission might have concerning the request. MESERVE X X Motion: Grant Use-by-Exception to Affiliated American Inns, III, BORNO x Ltd., dba Mayport Garden Inn, to construct a 90 room suite hotel ROSENBLOOM X on property located at 2301 Mayport Road zoned Commercial SHAUGHNESSY x x General (CG). FLETCHER X Russell Zimmerman, agent for the owners of the property, introduced himself and presented a brief overview of the proposed plans for the site. He stated the applicants also own the adjacent Comfort Inn and this development would be linked to it with a common driveway and in operation. Mr. Zimmerman further stated the proposed building would face north and south on the V V NAME OF Minutes Page -5- COMMRS. MS Y N May 12, 1997 property and lighting will be screened to prevent it from shining in Fleet Landing, the property's closest neighbor. J.P. Marchioli of 414 Sherry Drive stated he welcomed the project to Mayport Road. Charles Styer of 128 Fleet Landing Boulevard, stated he did not know enough about the proposed project to know how it would impact Fleet Landing, but expressed some concern regarding the proposed height of the building. He asked if someone staying on the fourth floor of the inn would be able to see Fleet Landing and also inquired as to the closeness of the proposed building to Fleet Landing's property. At this point in the discussion, Commissioner Shaughnessy called the question,( i.e., motion to vote immediately), and the motion carried by a three to two vote with Commissioner Rosenbloom and Mayor Fletcher voting nay. There was no further discussion of the request and the motion to approve the use-by-exception carried by a four to one vote with Mayor Fletcher voting nay. B. Request for deviation from 35 foot height requirements - Mayport Garden Inn MESERVE X X Motion: Grant exception to the height requirement to allow BORNO x ROSENBLOOM X construction to a height not to exceed forty-one feet . SHAUGHNESSY X X FLETCHER X Commissioner Meserve stated he believed this would be an attractive, quality business which would enhance the Mayport Road area, provide forty new jobs and an increased tax base for the city. In addressing Mr. Styer's concern, Commissioner Meserve stated there would be no rooms overlooking Fleet Landing. Commissioner Shaughnessy stated she was committed to keeping the 35 foot height limit in residential areas, but the property in question is zoned commercial. Commissioner Shaughnessy also favored the proposal as an excellent project to boost the Mayport Road area. Commissioner Borno asked that the timing of the light at Assisi Lane and Mayport Road be checked because it appeared to be on a short cycle which would not support an increase in traffic to the area. v NAME OF Minutes Page -6- COMMRS. MS Y N May T2, 1997 Commissioner Rosenbloom inquired if a representative of Fleet Landing was present to present their views of the project, and was told the Board had been informed of the project and had no objections. Commissioner Rosenbloom also stated he favored the height requirement ordinance, but each individual project needed to be judged on its own merits. In conclusion, Commissioner Rosenbloom stated he supported the project and would like to see more work done to upgrade and beautify the Mayport Road area. Mayor Fletcher expressed concern that approving the request would set a precedent and those living in residential areas would ask for"equal protection" under the law and request exceptions to the height requirements. Mayor Fletcher then asked City Attorney Jensen his opinion. City Attorney Jensen stated that each request has its own unique circumstances and should be considered on its own merits. He further stated that approving one request does not give a blanket approval to similar requests. Mayor Fletcher then asked that all documents presented with the request be made part of the official record. The documents presented by Affiliated American Inns, III, Ltd., Staff Report from Community Development Director Worley, and a letter supporting the project from Jan C. Gaudio, Commanding Officer of Mayport Naval Station, are attached and made part of this official record as Attachment A. Commissioner Rosenbloom concluded the two height deviation requests heard tonight each presented special circumstances and were considered accordingly. There was no further discussion and the motion carried by a four to one vote with Mayor Fletcher voting nay. Mayor Fletcher requested the draft of the zoning ordinance be included on the next agenda for review and first reading. Mayor Fletcher then stated a workshop may be necessary after the first reading, but it would be scheduled at that time. He also asked that all members of the review committee be notified. C. Authorize execution of Memorandum of Understanding between the Atlantic Beach Fire and Rescue Department and Jacksonville Fire Rescue Department Fire Chief Ruley briefly explained the Memorandum of Understanding with Jacksonville Fire Rescue was requested by the State and provided for an identification of Atlantic Beach Fire Rescue's current and future advancement V V NAME OF Minutes Page -7- COMMRS. MS Y N May 12, 199T in the medical delivery service. MESERVE X X Motion: Authorize execution of Memorandum of Understanding BORNO x between the Atlantic Beach Fire and Rescue Department and ROSENBLOOM X X Jacksonville Fire Rescue Department. SHAUGHNESSY X FLETCHER X There was no discussion and the motion carried unanimously. At this point in the meeting, Item 7 F was taken out of order and acted on. F. Appoint Commissioner to serve on an RFP review committee for the selection of a new auditing firm Mayor Fletcher stated he would like to appoint Commissioner Meserve to the serve on the RFP review committee for the selection of a new auditing firm. It was the consensus of the Commission that Commissioner Meserve serve in that capacity. D. Authorize execution of Agreement for Maintenance between the State of Florida Department of Transportation and the City of Atlantic Beach MESERVE X Motion: Authorize execution of Agreement for Maintenance BORNOx x ROSENENBLOOM X X between the State of Florida Department of Transportation and the SHAUGHNESSY x City of Atlantic Beach. FLETCHER X There was no discussion and the motion carried unanimously. 8. City Manager Reports and/or Correspondence: A. Report relative to cleaning of Department of Transportation ditches City Manager Jarboe reported the FDOT ditches north of the city were being cleaned for the first time in forty years and 90% of the work had been completed. City Manager Jarboe stated he would be attending the City Managers' Conference Wednesday through Friday of this week. 9. Reports and/or requests from City Commissioners, City Attorney V V NAME OF Minutes Page -8- COMMRS. MS Y N May 12, 1997 and City Clerk Commissioner Meserve commented on his recent debate with Jim Tullis concerning the proposed Wonderwood Expressway and stated the matter had been referred to a sub committee causing a two week delay in further discussions. Commissioner Meserve encouraged Beach residents to stay involved to make sure the project does not die. Commissioner Rosenbloom inquired concerning the condition of the Atlantic Boulevard median plantings and asked Rick Beaver, who was present in the audience and owns a landscaping maintenance company, his opinion. Mr. Beaver stated the medians looked great, and the palm trees were doing well. However, he thought the maintenance, which was supposed to begin May 1, 1997, had not begun yet. Mayor Fletcher reported a 96% set out rate for recycling during the month of April, a 97% rate for the month of March and a 98% rate for the month of January. Mayor Fletcher reported the annual Town Center Dancing-in-the-Street celebration would be held on Saturday, May 17, 1997. There being no further discussion or business to come before the Commission, the meeting adjourned at 8:25 PM. -1111111 4,0e. its Al WA .cr!Zr— Lyman Fletcher Mayor/Presiding Officer ATTEST: OA Ma reen King, C City Clerk ATTACHMENT A - COMMISSION MEETING - MAY 12, 1997 STAFF REPORT AGENDA ITEM: Use-by-Exception for Hotel in CG District SUBMITTED BY: George Worley II, Community Development Director DATE: May 6, 1997 BACKGROUND: The applicant owns commercial property at 2301 Mayport Road which is located within the CG, Commercial General district. The applicant desires to construct and operate a 90 room hotel on the site. Hotels/motels are permitted by exception in the CG district. The proposed hotel will be linked by a driveway connection, to the existing Comfort Inn to the north of the subject site. The preliminary site plan indicates 90 parking spaces for 90 rooms which meets the requirements of Section 24-161(g). The application denotes the building to be 4 stories and the applicant has submitted a separate request to the City Commission for an exception to the building height as provided for in Section 24-156. Landscaping and setback requirements, as well as all building and fire codes, must be met prior to approval of building permit applications. RECOMMENDATION: Based upon the character of the existing development in the vicinity and the apparent conformance of the preliminary site plan with city codes, the Community Development Board unanimously recommended approval of the proposed hotel Use- by-Exception to the City Commission. ATTACHMENTS: 1) Application for Use-by-Exception 2) Staff report to the Community Development Board 3) Minutes of the Community Development Board Meeting 40, ,4 REVIEWED BY CITY MANAGER: AGENDA ITEM NO. Please Type or Print in Ink Application Fee $100.00 • APPLICATION FOR "USE BY EXCEPTION" PECEI V EIJ Date Filed: 25 March 1997 APR ? N97 Name and Address of Owner or Tenant in Possession of City of Atlantic Beach' FI31Rfdiigrtd Zoning Affiliated American Inns III, Ltd. Phone dba Mayport Garden Inn Work: 2401 Mayport Road -i2240-�4152�1 Atlantic Beach, FL 32233 Home: Street address and legal description of the premises as to which the "Use by Exception" is requested: 2301 Mayport Road - Legal description attached. (Sub_,jct property located south and adjacent to Waffle House and Comfort Inn on _ Mayport Road.) A description of the "Use by Exception" desired, which shall specifically and particularly describe the type, character and extent of the proposed 'Use by Exception': __C_Con5101.CtiQ2.sf a39_rQQ.11.0ubt.e_bQr<eJ_sn_the_auhje.c L.pr9Fecty• Specific reasons why the applicant feels the request should be granted: Our mrdc .txe.S.eaLctLbaasiateraai.ued_lhaL �ps�ale_1�Qtgi_i�nge��d i❑ the general_proximity to the Mayport Naval_Base_ to meet the_prem and future needs of the_trap ieirt_N, vy_a_rlcl_sQntToSl4 _perapnnthfox daily ani ���k�XholrSing. Zoning Classification: Commercial general ,...---Signature of app, ,cant/applicant's Si ,I t e O �o g of wner agent or attorney. Ifon o of the property agent or attorney, include letter withouttowners casignature. nnot be processed from applicant to that effect. • • Applicant: Do not 'fill-in beyond this point. However, be prepared to respond to the following items: A PART OF SECTION 8, TOWNSHIP 2 SOUTH, RANGE 29 EAST, DUVAL COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: FOR A POINT OF REFERENCE, COMMENCE AT THE NORTHWEST CORNER OF FAIRWAY VILLAS, AS RECORDED IN PLAT BOOK 39, PAGES 22 AND 22A, OF THE CURRENT PUBLIC RECORDS OF SAID COUNTY; THENCE N 01'42'10" WEST, ALONG THE EASTERLY RIGHT-OF-WAY LINE OF MAYPORT ROAD (STATE ROAD A-1-A, A 100 FOOT RIGHT-OF-WAY AS NOW ESTABLISHED), A DISTANCE OF 806.37 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE ALONG SAID EASTERLY RIGHT-OF-WAY LINE, NORTH 01'42'10" WEST, A DISTANCE OF 182.00 FEET; THENCE NORTH 88'17'50" EAST, A DISTANCE OF 250.00 FEET, THENCE SOUTH 01'42'10" EAST, A DISTANCE OF 8.00 FEET, THENCE NORTH 88'17'50" EAST, A DISTANCE OF 220.67 FEET TO A POINT IN AN EXISTING DRAINAGE CANAL; THENCE SOUTH 23'09'59" EAST, A DISTANCE OF 187.00 FEET TO A POINT IN SAID DRAINAGE CANAL; THENCE SOUTH 88'17'50" WEST A DISTANCE OF 538.96 FEET TO THE POINT OF BEGINNING. APPOINTMENT OF AGENT I hereby appoint RUSSELL V. ZLM QsR_MAN to act as our agent and to represent us in the Atlantic Beach. Florida "Use By Exception" approval process for our property on Mavport Road. which authority shall allow him to execute any documents required in our behalf and to make presentations in our behalf: N.. I /AL, Jo W Shea. C /eral Partner 'at d American Inn's IE. Ltd. dba Mavport Gardens h,s. 2401 May-port Road Atlantic Beach, Florida k**l'tok****%l**Fs*xc:kx*:t:kit:::c***k:k::c-k:kik%![*#ir:***k**************:kx::R:kxaz*:::*********::: The foregoing instrument was acknowledged before me. this ) day of /1144 c k 199 1 . by jA2% n Sh e c:L who is personally known to me or has produced _ _ as ideniificat?on and who did did not take an oath. -., L Stephanie Stubbs N' Y PUBLIC. :ATE OF FLORIDA ` i Notary Public,State of Florida c Commission No.CC 607977 't My Commission Expires: 1 i/ /4, 12 OW ‘ocf`°My Commission Exp. !?+!6n� smoke Through F4.N^ny f ;vice&Goodin:C . L' a 6 J H H �yf o— 250' --- I — 221'J IHit H tTH o � • N. _ ry � ` ' o i\ c 14' i \ • DZ , • .4,b• • • • • • • • • li 9^ • j coo,- ® ^ •�• , • .4k1 y fir` • D._ —_, /1— .— . \ • 41'7 \/ ,i .. i ( V )Ir , ,... __ • .c._.__), • - - i , N • ____ • pi- N /• / • \ --- 210' — __..____ ffl • •• - - 0 fib — 539' _.— SITE DATA o HOTEL DATA Size 2ac No , Stories 4 Zoning CcmmEr r_ i a l Rooms SO Parking Spaces 90 -IRoom T. Pe Su i rtes PRELIMINARY SITE PLAN MAYPORT GARDEN INN ATLANTIC BEACH, FLORIDA ..*. 1. • r -"P', ... . 1A1-' '• . . .. .. *. . . . .. .._. . _,...,...__ ............„:„..„.4, ;_.. _.,,,,..t.;;... . . _,it __: ,._. 1.,... . _..N_ . "1:7,So- • --.• ''''t .4 ••,.:.1110.4, ...-:-..:.: ,...4-4,E.,.._ oits 4. :.:.47_0-is ,..„..,_ ..,... . : . ......;--;,,A.,:, ir _.,. :..„ „. 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The applicant desires to construct and operate a 90 room hotel on the site. Hotels/motels are permitted by exception in the CG district. The proposed hotel will be linked both in operation, and by driveway connection, to the existing Comfort Inn to the north of the subject site. Staff has reviewed this proposal with specific interest in the parking requirements, the building height, the landscaping requirements, and the setback requirements. The preliminary site plan indicates 90 parking spaces for 90 rooms which meets the requirements of Section 24-161(g) provided that the hotel does not contain a restaurant open to the public. If a restaurant is to be included, additional parking spaces based upon the seating capacity must be provided on-site or within 300 feet as permitted by Section 24-162. The application denotes the building to be 4 stories and staff has been apprised that the applicant will submit a request to the City Commission for an exception to the building height as provided for in Section 24-156. The City Attorney has reviewed the zoning codes and has determined that building height deviations are controlled by Section 24-156 and not by the Variance procedures of Section 24-64. Landscaping and setback requirements must be met prior to approval of building permit applications. Based upon the character of the existing development in the vicinity and the apparent conformance of the preliminary site plan with city codes (with the exception of the building height, which wil be addressed by the City Commission), staff recommends that the Community Development Board recommend approval of this proposed hotel development to the City Commission. MINUTES OF MEETING OF THE COMMUNITY DEVELOPMENT BOARD OF THE CITY OF ATLANTIC BEACH, FLORIDA April 15, 1997 7:00 P.M. CITY HALL PRESENT : Robert Frohwein Mary Walker Pat Pillmore Buzzy Grunthal Mark McGowan Sharette Simpkins AND : George Worley, II, CD Director Alan Jensen, Esquire Pat Harris ABSENT : Don Wolfson Vice Chairman Robert Frohwein called the meeting to order and- postponed approval of the minutes due to the late arrival of some of the members. I. Presentation by Metropolitan Planning Organization for the Jacksonville Urbanized Area's Transportation Improvements Program for Fiscal Years 1997/1998 through 2001/2002. Jeff Sheffield, representing Metropolitan Planning Organization, introduced himself to the board and presented copies of the annual update of the transportation improvement program. He stated that several agencies assisted in preparation of the document which include the Florida Department of Transportion, Public Works Departments for the City of Jacksonville, Clay County, St. Johns County, the Beaches Communities, the Jacksonville Transportion and the Jacksonville Port Authority. Mr. Sheffield explained that the projects affecting the Beachs Area are the construction of the Intracoastal Waterway Bridge, the Mayport Road Interchange at Mayport Road and Atlantic Boulevard, a Jacksonville Beach Drainage Project, and San Pablo Road Improvements. The chairman requested that in the future the board be supplied with planning and design updates at least two weeks prior to a presentation so the members will be prepared for questions relating to the report. II. Application for Use-by-Exception filed by Affiliated American Inns III, Ltd., d/b/a Mayport Garden Inn, to construct a 90-room suite hotel on property located at 2301 Mayport Road. Russell Zimmerman, agent for the applicant, introduced himself and expressed the applicant's desire to construct and operate on the property a 90 room suite hotel. He stated that the applicants also own the Comfort Inn which is located on the north side of the property. He indicated there would be an activity building associated with the hotel which will include a casual dining facility, indoor spa, outdoor pool, computers and optical scanners in place for businessmen to conduct their business on site. The proposed hotel will be linked in operation and with a driveway connection to the existing Comfort Inn. Mr. Zimmerman explained that the drawing presented to the board was a preliminary site plan and does not include all of the specifics regarding parking and landscaping ordinances. He stated that if the use-by-exception was granted the final site plan would include all requirements by the City. The board requested Mr. Jensen's comment regarding attaching recommendations to their approval such as height and parking requirements. Mr. Jensen stated that the board was acting solely on the request for use-by-exception at the present time and the City Commission will address the exception to the building height restriction. Mrs. Walker moved to recommend approval of-the use-by-exception and Mr. Grunthal seconded the motion. A discussion followed regarding including conditions and limitations on the boards recommendations. After discussion, the board voted unanimously to recommend approval of the use by exception. III. The chairman called for approval of the minutes from the meeting on March 18, 1997. Mrs. Walker suggested the minutes reflect the reason the board deferred the use-by-exception application after a vote to recommend approval failed, specifically that the board had requested the applicant provide a site plan. Thereafter, on motion made and seconded, the minutes were approved as amended. IV. The chairman called for approval of the minutes from the special meeting on March 25, 1997. On motion made and seconded the minutes were approved. The board agreed to hold a special meeting in the conference room on April 19, 1997 at 6:30 p.m. to discuss the proposed amendments to the zoning code of ordinances. There being no further business to come before the board on motion made the meeting was adjourned. SIGNED ATTEST 8 STAFF REPORT AGENDA ITEM: Deviation from 35 foot building height limit SUBMITTED BY: George Worley II, Community Development Director DATE: May 6, 1997 BACKGROUND: Affiliated American Inns III, Ltd. Proposes to construct a hotel on property at 2301 Mayport Road. The proposed hotel is intended to be 4 stories high and will exceed the 35 foot building height limitation of the zoning code. The applicants have requested an exception to the height limit per Section 24-156 of the Code of Ordinances (attached for your reference) to allow the building to measure 41 feet. Under this section of the code the City Commission may grant exceptions to the height of buildings upon request. Such exceptions, if granted, must include the specific height measurement permitted. Unlike a Variance, no hardship must be proven by the applicant and the City Commission may make its determination to grant or deny such an exception upon factors other than zoning code requirements, including economic and general welfare considerations. The construction of an upscale hotel in that area of Mayport Road will likely enhance the appearance of the area, as well as provide additional stimulation to economic growth. The necessity for construction of a 4 story structure is explained by the applicants as due to a relatively small site area and market conditions requiring approximately 90 rooms. Given the number of rooms proposed, the parking spaces required, and the landscaping required, staff agrees that a smaller building footprint is necessary to allow conformance with zoning codes. The conditions effecting this proposal are not found in other areas of the city. The property is zoned Commercial General and the only residential property in the immediate vicinity is Fleet Landing, a Planned Unit Development which itself contains buildings which were granted exceptions to the 35 foot height limit during the approval of the P.U.D.. ATTACHMENTS: 1) Letter requesting height exception 2) Section 24-156 REVIEWED BY CITY MANAGER: AGENDA ITEM NO. Tl 11EC`OMMUNI(1ATIONrS 1.,14,"ITER DATE: 18 Apr7il, 1997 N(.). OF PAGES 1 ( Including This Page ) From: To: RUSSELL ZIMMERMAN, Agent Hon. LYMAN T. FI.,ETCI 11:I2, Mayor Affiliated American Inns III, Ltd. City of Atlantic Beach, Florida (800) 514-2190 Tel. & fax (904) 247-5805 fax R] : fending Application fbr Zoning "Use by Exception" to construct a 90 room hotel at 2301 Mayport Road in the COCommerciai General district. Dear Mayor Fletcher: The proposed Mayport Garden Inn hotel is planned to be a four story building which will have a height of 41 feet. This height will exceed the zoning code limitation of 35 feet by 6 feet and will require City approval. Mr. George Worley, Development Director, suggested that if our proposed hotel will exceed the zoning maximum height limitation that a "height Exception" be considered in conjunction with our pending "Use by Exception" request to be herd 28 April 1997 by the City Commission. Our initial feasibility studies focuses on the market need for a upscale hotel containing suite style rooms that could be rented to navy personnel. and contractors at a moderate price. Also considered was the limitations of the building envelope and available parking space on-the relatively small 2 acre site. The results showed that the higher cost of the suite style hotel design; the market dictated room rent income limitation; and the size of the site indicate a facility of approximately 90 rooms is required for the project to be feasible. Considering all requirements and constraints of the 2 acre site these 90 rooms should be contained within a four story building and preliminary architectural work reflects that the building would be 41 feet in height. Please consider this request 10 have both the "Use by Exception" and "Freight Exceptions" herd at the City Commission meeting. We will have available at that meeting all pertinent data concerning the pending "Use by Exception" and this requested "Ileight Exception". Sincerely Russell Z' erman, Agent American Affiliated Inns, 11, Ltd c/o Mayport Comfort Inn 2401 Mayport Road Atlantic Beach, Florida 32233 c: George Worley II. ZONING AND SUBDIVISION REGULATIONS § 24-157 Sec. 24-154. Display of used merchandise outside of business. It shall be unlawful for any business or commercial enterprise to have outside display or sales of used furniture, clothing, dry goods, hardware or other similar materials. (Ord. No. 90-82-72, § 1, 6-28-82) Sec. 24-155. Establishments offering dancing or live entertainment. If at any time the city commission shall determine, based upon procedural due process, that the live entertainment for which a conditional use permit has been issued constitutes a public or private nuisance, is not in the best interests of the public, is contrary to the general welfare or has an adverse effect upon the public health, safety, comfort, good order, appear- ance or value of property in the immediate or surrounding vicinity, then the city.commission may, upon such determination, revoke, cancel or suspend such license, and any person or party applying for and receiving a conditional use permit for live entertainment is hereby placed on notice that the permit may be canceled, revoked or suspended at any time pursuant to the provisions of this section. Every conditional use permit hereafter granted for live entertainment shall contain a recitation upon the face thereof that the same is subject to revocation, cancellation or suspension for the reasons stated in this section. (Ord. No. 90-82-74, § 2(111, H, 4), 7-26-82) Sec. 24-156. Exceptions to height limitations. (a) Upon specific application,the city commission may make exceptions to the limitations and restrictions on height of buildings in all zoning districts described in this article, except the single-family residential zoning districts; provided, that in any instance wherein such an exception is granted, the city commission shall prescribe the maximum allowable height of the building or buildings involved. (b) Chimneys; water, fire, radio and television towers; church spires, domes, cupolas, stage towers and scenery lofts; cooling towers, elevators and stair bulkheads, smokestacks, flagpoles;parapet walls and similar structures and their necessary mechanical appurtenances may be erected above the height limits established by this article without the necessity of obtaining a waiver of or exception to the height limitation by the city commission. However, the heights of these structures shall not exceed the height limitations prescribed by the Federal Aviation Administration(FAA)within the flight approach zone patterns of airports. Plans for construction in these areas shall be approved by the FAA prior to submittal to the administrative official for site plan approval. (Ord. No. 90-82-74, § 2(I11, H, 5), 7-26-82) Sec. 24-157. Fences, hedges and walls; eaves and cornices. (a) No owner, occupant or other person shall erect, keep or maintain in existence any fence, wall or structure between the front property line and the front building setback line exceeding four (4) feet in height at any given point. In the area between the front building setback line and the rear property line, no fence or wall shall exceed six (6) feet in height at any given point. The height of fences and walls shall be measured from grade to the top of the Supp.No.8 1455 �$T Op 4/. . 1� DEPARTMENT OF THE NAVY W H NAVAL STATION MAYPORT,FLORIDA 32228-0112 IN REPLY REFER TO: G' ~ LP re `/y, 6aiA i[S OF�C 5000 ��'�V �. Ser N004/ MAR 311997 The Honorable Lyman Fletcher City of Atlantic Beach 800 Seminole Road Atlantic Beach, FL 32233 Dear Ma o etcher, Since assuming command of Naval Station Mayport, I have been most pleased at the close working relationship the Navy enjoys with the city of Atlantic Beach. One area of mutual concern is the enhancement of Mayport Road. It is one of Atlantic Beach' s major thoroughfares and the only road into the Naval Station. In fact, we are looking forward to working with representatives of Atlantic Beach, Jacksonville and the business community to put together a more coordinated effort to solve some longstanding problems of blight, traffic control, and planning for the future for the entire area North of Atlantic Boulevard adjacent to highway AlA. I have recently read accounts that a local developer has started the planning process towards building a new hotel on Mayport Road. According to those newspaper articles the permitting process should be occurring soon. I feel it is appropriate to let you know of my support for the project . With the current and future expansion of the Naval Station, we are experiencing an ever-increasing need for off base housing, including temporary lodging. The availability of quality hotel rooms located in close proximity to the base will be a benefit to our Sailors, their families and business travelers . At the same time, as a major new business on Mayport Road, the project will stimulate the type of clean and attractive growth that will aid in our area beautification efforts . (1As an aside I would be remise in not stating that the developer, John Shea, has been a long time Atlantic Beach kr( - businessman and "Good Corporate Citizen" . As owner of the K1 Comfort Inn on Mayport Road, he has supported our Sailors in many ways throughout the years, and has always been scrupulously honest in all dealings with his Navy customers . As an elected official you will have ultimate decision making authority. While I am not knowledgeable in Atlantic Beach • . code requirements, I would hope reasonable accommodation could be made in order that this project is allowed to go forward. I enjoy the continued close cooperation with our neighbor city to the South. With warm regards, J C. GAUDIO aptain, U.S. Navy Commanding Officer a: I MINUTES OF THE WORKSHOP MEETING OF ATLANTIC BEACH CITY COMMISSION HELD IN COMMISSION CHAMBERS AT 6:00 PM ON MONDAY, MAY 12, 1997. The meeting was called to order by Mayor Fletcher. Present, in addition to the Mayor were Commissioners Borno, Meserve, Rosenbloom and Shaughnessy. Also present were City Manager Jarboe and City Clerk King. The meeting was held for the purpose of receiving information from the Jacksonville Electric Authority (JEA) regarding the feasibility of installing underground electric lines in the city, specifically the core city area which will shortly be undergoing major infrastructure improvements. Ron Weeks, JEA Executive Vice President, Service Delivery, gave an overview of the service currently being provided to the city, which included a comparison of JEA rates with various other electric utilities. He reported that while service interruptions were minimal, the JEA was currently engaged in upgrading their service to Atlantic Beach, including replacing transformers, fuse switches, lightning arresters, and equipment brackets. The cost to upgrade the electric system in the core city area was estimated by JEA at $237,000. A copy of Mr. Weeks' report is attached hereto as Exhibit A and made a part of the official record. Discussion then ensued regarding the feasibility of installing underground lines. Mr. Weeks then summarized the scope of the work required to convert from overhead to underground. He indicated that new meter cans would be located in rights-of-way and felt that the availability of adequate area could be a problem. He also indicated that since the streets were narrow, the meter cans could be struck be vehicles, causing power outages; however, he pointed out that underground lines would be better protected from tree limbs, etc. He also pointed out that irthe event of a hurricane, saltwater intrusion would cause corrosion in the switching boxes. Also, in order to connect to the new system property owners would be required to contract with a licensed electrician at a cost of from $600 to $1,500. There being no further discussion, the meeting was declared adjourned at 7:05 PM. Maureen King Certified Municipal Clerk — ExH oil- 610-JgP7 - SERVICE RELIABILITY TO ATLANTIC BEACH May 12, 1997 by Ron Weeks JEA Executive Vice President, Service Delivery JEA MISSION • Customer Satisfaction • Low Cost Provider • High Level of Service Reliability Jacksonville Electric Authority Electric Rate Comparison (Typical Customer Billing) Florida Utilities - March, 1997 Residential $120 1000 KWH $100 $87.14 $00.44 $89.90 $91 Q6 $80 $68.15 $71 10 $76.40 $77.64 $77.47 $77.75 $78.37 $79.30 $81.31 — $20 { — — — — — — — $0 JEA Gainesville Orlando TECO FPC Tallahassee Vero Beach Lakeland FP&L Ocala Jax Beach Kissimmee Ft. Pierce Small Business 1500 KWH $200 $150 $111.90 $113.05 $113.12 $114.21 $119.38 $122.52 $123.88 $128.39 $129.09 $133.20 511FiR9 $13740 $100 $95.75 — — — — — — — --. .............. $50 $0 JEA TECO Orlando FPC Tallahassee Jax Beach Ft. Pierce Lakeland Ocala FP&L Gainesville Kissimmee Vero Beach Large Business - Wal-mart, Publix 60,000 KWH- 150 KW $8 "0 $6 w $4 $3,119 $1,346 $1,194 $3.472 $3 479 $3 499 $3,767 $3,970 $3,976 $4,339 $4,482—$4,1(1—$5,119 z 0 JEA Orlando TECO FP&L Tallahassee Ft. Pierce Jax Beach FPC Ocala Lakeland Gainesville Kissimmee Vero Beach . _ 05/05/9 BCHCM1.WK4 ELECTRICAL SERVICE TO ATLANTIC BEACH • 2 Substations • 3 Distribution Feeders • Overhead and Underground Service JEA SERVICE RELIABILITY TO ATLANTIC BEACH Momentary Outages 6 per year Average Extended Interruptions 1.3 per year Average Outage Duration 13 minutes V' 2 n wisv. vdu+l �y-4+' EC-153 c.,ir,_,. a )a,+ 1 z 6 q / \ a-- Z N)-0 � / c NOT TO SCALE <mST-DI I 3-,) -17XC 'I ® ' �w " nn O x Mm h m LE— Mq YPpR T p AN' o a 0 I T • a 5..PO I NC t ANA RDI (Am1 S add -o p -_L ______ 1d 10>i r- r- ) n n z r......... IIIMINIMI 10•••••44/ f•4 CO Z Ia. .mss . . n W Z © �+ 2 -.. 6 I 6S z_< 149CC S a w I� c,a o,a)(7) m SF'�1f/�/ /oCl� m��0 dN1bdW d(\13 I ill. x I --I �� p�F .GN mSEM[NOLE BEACH RD 2 7)1 N 4 tn /OCU .. < 6 T $ 4/OCIi = �> A0 Nd 300 6 r JEA COASTAL RELIABILITY IMPROVEMENT PROJECT • Replace Transformers Higher insulation level Stainless steel lids • Replace Fuse Switches Higher insulation level • Replace Lightning Arresters Higher insulation level Newer technology • Replace Equipment Brackets New fiberglass construction with higher insulation level • Miscellaneous System Improvements Replace bad poles Check and repair bad connections Check and replace bad conductor ATLANTIC BEACH OVERHEAD TO UNDERGROUND SCOPE OF WORK JEA Atlantic Beach Install new conduit and transformer pads (by Atlantic Beach, estimate) $ 175,000 Install new underground cable and transformers (by JEA) $ 190,000 Remove existing OH facilities and install new lights (by JEA) $ 92,000 JEA credit for avoided cost on coastal upgrade project and system betterment improvements $ 237,000 ($ 237,000) Conversion of services to underground, including new meter cans (by Atlantic Beach, estimate based on $1000/service) $ 350,000 JEA to pull new secondary cables to the new UG meters $ 40,000 Total Cost Estimates $ 277,000 $ 570,000 , • ,. . . ....... .: .,.._,......,,_,, . ‘,. . ,. . ,.. �,,,...„.....v.,...... . .A,mom.. %,, ....... ,...„. ,,,„..., ,„ ,..., p,.... . t",,b.........„ ,,..............„ ,,*. . • ,. 1 •' . 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