Item 8FAGENDA ITEM #3F
JUNE 12, ?006
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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 ~i~C1/
Alan Jensen, City Attorney
DATE: June 5, 2006
~, BACKGROUND: As discussed at the May 8th City Commission meeting, City staff has
consulted further with the owners of the Sea Turtle Inn regarding their future expansion plans and
how such plans might be impacted by the proposed 35-foot height limit referendum. The Sea
~,,, Turtle does anticipate significant improvements and expansions to the existing hotel facilities, and
have expressed a desire to be able to look at options, which could exceed 35-feet for some portion
of a future expansion. In response to those communications, the proposed language has been
revised as set forth below. In summary, if enacted this language would allow for consideration of
the Sea Turtle to expand on that portion of the existing property, which is located to the south of
Ahern Street, subject to approval by the City Commission. Further, any approved additional height
could not exceed that of the hotel as it now exists. Also, language has been added to clarify that the
existing height exceptions limited only to exterior architectural design elements, exterior decks or
porches, and only for non-residential uses could still be considered by the City Commission.
ARTICLE XIV. ZONING AND LAND DEVELOPMENT REGULATIONS
"Section 59. Zoning, Land Development Regulations and Maximum Building Height
Zoning and Land Development Regulations shall be in accordance with
Florida Statutes or as otherwise provided for in 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 except as specifically set forth within this Section
Provided, however, that existingLBuildings which exceed 35-feet in height
may be repaired to that existing height and no alterations shall be made to any
Building, which would cause that Building 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.
Further provided, however that requests to exceed the _maximum Height of
,,, Building of thirty-five (35) feet or twent -five 25) feet as applicable may be
considered and approved only within non-residential land use categories for non-
residential development, only for exterior architectural design elements exterior decks
or porches, and only as approved by the City Commission pursuant to the applicable
provisions and procedures of the City's Land Development Regulations
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AGENDA ITEM #8F
JUNE 12, 2006
The only property excepted from this height limitation shall be a portion of the
existing Sea Turtle Inn hotel property located at 1 Ocean Boulevard Atlantic Beach
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Florida, which portion is bounded by Ahern Street on the north the Atlantic Ocean on
the east, Atlantic Boulevard on the south and Ocean Boulevard on the west
,~„ However, any future development redevelopment or expansion on this portion of the
property, which is proposed to exceed 35-feet in height shall be subject to approval by
the City Commission and shall in no event exceed the height of the existing hotel
~„ structure as of the effective date of this Ordinance.
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.
RECOMMENDATION: Direction to staff to schedule and notice for first/second reading of
~'" Ordinance as required to proceed with proposed Charter referendum amendment.
ATTACHMENTS: None.
REVIEWED BY CITY MANAGER:
June 12, 2006 regular meeting