Loading...
Item 8A AGENDA ITEM #8A MAY 8, 2006 CITY OF ATLANTIC BEACH CITY COMMISSION STAFF REPORT AGENDA ITEM: Discussion of 35-foot height limitation language to be considered within the ordinance authorizing a voter referendum amendment to the City Charter. SUBMITTED BY: Sonya Doerr, AICP ~ ~~ Community Development Director '"" DATE: Apri126, 2006 BACKGROUND: The Community Development Board considered this matter at their April 18th meeting and unanimously recommended that the City Commission proceed with the Charter amendment process in order to further strengthen the City's 35-foot height limit. The CD Board also recommended a special provision addressing the existing Sea Turtle Inn structure. The CD Director and City Attorney have prepared the following language to be incorporated into the ordinance directing the height limit Charter amendment along with other provisions as needed to authorize a Charter amendment. As proposed, the new Charter provision would be a replacement of Section 59 of the existing Charter. Current provisions within the Land Development Regulations would also remain in effect. ARTICLE XIV. ZONING AND LAND DEVELOPMENT REGULATIONS Sec. 59. Zoning, Land Develoument Regulations and Maximum Building Height. '"" Zoning and Land Development Regulations shall be in accordance with Florida Statutes or as otherwise provided for within the Code of Ordinances, except that in no case shall the maximum Height of Buildings within the City of Atlantic Beach exceed thirty-five (35) feet and as further ~"' limited and specifically set forth within the Land Development Regulations. Providing, however, that existing buildings which exceed 35-feet in height may be repaired to '"~' that existing height; no alterations may be made to any Building, which would cause that structure to exceed 35-feet in height; and this Charter provision shall not restrict any property owner's vested rights under constitutional, statutory or common law. The only exception to this height limitation shall be for the existing Sea Turtle Inn hotel located at 1 Ocean Boulevard, Atlantic Beach, Florida. The existing hotel structure exceeds thirty- ' five (35) feet, and it may be redeveloped or rebuilt to its existing height as of the effective date of this Ordinance. Future development, redevelopment or expansion on the Sea Turtle property, other than the existing hotel structure, shall be subject to the thirty-five (35) foot height limitation as set forth "'" herein, as well as all other applicable Land Development Regulations. Amendments to this Section of the City Charter shall be made only in accordance with Article X of the Charter, Initiative and Referendum. BUDGET: No budget issues at this time. RECOMMENDATION: Direction to staff to schedule and notice for first/second reading of Ordinance as required to proceed with proposed Charter referendum amendment. ~. ATTACHMENTS: Draft minutes of the April 18, 2006 Community Development Board meeting and draft ordinance. ~„ REVIEWED BY CITY M May 08, 2006 regular meeting AGENDA ITEM[ #8A MAY 8, 2000 DRAFT Minutes of'April 18, 2006, Community Development Board Meeting Sc. Discussion of 35-foot height limitation language to be considered as a vote referenda amendment to the City Charter. Sonya Doerr, Community Development Director, updated the Board on the status of the 35-foot height limit referendum amendment and reviewed the proposed possible language for the ordinance that would need to adopted to start the process to amend the City Charter by voter action. Ms. Woods expressed concerns with the 35-foot height limit in the commercial district. Ms. Doerr responded that currently only non-habitable space, and certain architectural design elements are allowed above 35-feet in the commercial districts, and then only if approved by the Commission. The Board discussed how the Charter amendment might affect the Sea Turtle Inn, and discussed the uniqueness of this one property and what special provisions that might be needed to address the Sea Turtle property. Ms. Doerr pointed out that the proposed language would identify the existing Sea Turtle property by legal description and provide an exception to allow the existing hotel property to redevelop at its existing height. The Board discussed potential effects of the referendum on Mayport Road's commercial district. Ms. Woods expressed concerns with allowing the Sea Turtle Inn to expand on the remainder of their property to some height above 35-feet, that is not now developed above the 35-foot height limit, if the Charter was amended. A motion was made by Ms. Woods and seconded by Mr. Lambertson to support the proposed language as written for an ordinance calling for a referendum to amend Section 59 the Charter ~. and for language to protect the right for the Sea Turtle Inn to rebuild the existing hotel structure at its current height, but to limit the height of any new buildings or structures or future expansion to the 35-foot height limit and to meet all other codes that might be in effect at the time of any future expansion. The motion passed by a 5:1 vote with Chairman Jacobson dissenting. ~^" 3 .,. AGENDA ITEM #8A MAY ~, ?006 ORl)TNAN(,'F. NO. -O0- AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, CALLING FOR A REFERENDUM TO AMEND SEC. 59 OF THE CITY CHARTER TO LIMIT THE HEIGHT OF ALL BUILDING STRUCTURES IN THE CITY TO THIRTY-FIVE FEET, PROVIDING FOR ONE EXCEPTION, AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE °' OF THE CITY OF ATLANTIC BEACH, FLORIDA: ~FC'Ti()N t. Calling for referendum Election Amending Charter. A referendum shall be added to the election ballot on , 2006, to amend Sec. 59 of the Charter of the City of Atlantic Beach, Florida, to read as follows: "Sec. 59. Zoning, i,and neveln m .n R .gLlatinns and MaximLm RLildin~Height_ ~. Zoning and T,and nevelonment Reg il~ ations shall be in accordance with Florida Statutes or as otherwise provided for in the Code of Ordinances, eX •~nt that in nn case shall the maximLm height of building stnictnres within the Cit; of Atlantic Reach exceed thirty-five ('i5~feet ~. Pmvidin~ ho height may he repai wever, that existing_h ~ildin stns .hrr s whi .h .x ...d 'i5 f ..t in red to that existing.h~ight; no alterations maw he made to any hh n~lc~ing ~ n~ tier w thi t (' b i i hi h would us . that ~ nict~~re to exceed ~5 feet in height; and ' t d i ht d t i t t h ll t ar er prov ~,. s . s o constit~rtional,statut e an~nr~n~r y owner s ves r g s un er r c n s a no res nrv or common law. Amendments to this S ..tion of the r'ity Charter shall he made only in accordance with Article X of the Charter,.Tnitiative and Referendum-" r SF.('TinN 2. Form of Ballot and Election Question. The form of ballot and election question to be used in said election shall be as follows: DRAFT ~"~' AGEND:~ ITEM #3A NIAY 3, 2006 0 CHARTER ELECTION BALLOT 2006 CITY OF ATLANTIC BEACH BAi,i,nT TTTT,F: Amending Sec. 59 of the Atlantic Beach Charter to "Zoning, Land Development Regulations and Maximum Building Height." RAT,T,(~T ~TTMMARV; Amending Sec. 59 of the Atlantic Beach Charter limiting height of all building structures to 35 feet, allowing building structures presently exceeding 35 feet to be repaired to existing height, prohibiting alterations that would cause building structure height to exceed 35 feet, allowing one exception for the existing Sea Turtle Inn hotel, not restricting any property owner's vested rights under constitutional, statutory or common law, and providing an effective date. Shall the above Charter amendment be adopted? Yes(approve amendment) No(reject amendment) SF('TT(~N ~. Effective Date. This Ordinance shall take effect immediately upon its final passage and adoption. PASSED by the City Commission on first reading this day of , 2006. PASSED by the City Commission on second and final reading this day of 2006. ATTEST: DONNA BUSSEY City Clerk DONALD M. WOLFSON Mayor, Presiding Officer Approved as to form and correctness: ALAN C. JENSEN, ESQUIRE City Attorney ~RPp'(