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
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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
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