Item 7A
~.
AGENDA ITEM #7A
JUNE 26, 2006
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 BUILDINGS IN THE CITY
TO THIRTY-FIVE FEET, PROVIDING FOR EXCEPTIONS, AND
PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE
~. OF THE CITY OF ATLANTIC BEACH, FLORIDA:
SFC'TTnN 1. 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 nevelnnmen Reimlatinns and Maximum Building Heigh
'"" Zoning and T.and T~evelnnment Regnlatinnc shall be in accordance with
Florida Statutes or as otherwise provided for in the Code of Ordinances, e~csTt that
in nn ac chap the maximum height of huildin~s within the [~itv of Atlantic Reach
~'""' exceed t~v-fiv . ~S,Leet"
Provided, hrnx~ever, that exictin¢ hnildings which x ..ed 35 feet in height
m~3' h r Haired to that existing heir t nn altPratinns may he made to any httilding
~x~hich wnnld cause that huilding_ to exceed 'i5 feet my height, and this Charter
nrrn~icinn shall nett restrict an~_n~p~rt,~ nwner'c vested rights under cnnstitntinnal_
statt tor; nr cnmmnn law.
Further pt-n ide ,~ n x~ per, that r . nests to exceed the maximum huildin~
hgght of thirty-fiv X51 t t nr twenty five~2_51, feet, ae annli~ahlf,~y he
considered andyannmved nn~y within nun-residential land t~ce_~ate~nriec fur nnn-
~, residential develp~~ment,~»~v fur ext rinr ar .hitectnral design elements, exterior
d ckc ctr nnrchec, and only as annr~nvedhv thr P C'it~ C:nmmiscinn nnrsuant to the
ap=licahle c ..tinn of the C'it~rc~de._
Th nn ~ prn_nert~ excepted from this height limitation shall he. a nnrt~ inn ctf
the existing Sea Turtle Tnn hotel run v In ated at 1 Ocean Rrntlevard, Atlantic
aw R~ach,~lorida, ~x~hich pnrtinn is hounded by Ahern Str ..t nn the north, the Atlantic
n an nn the east, Atlanti Rnul v~rd nn the srntth, and (7 ..an Rnulevard nn the
x~ ct, and nnl~ th_ a~ rt of said nrnnert~~ which is Banal in ci~e to the existing
~. fnntnrint of the hnildings nn the rn nTy as of the effective: date of this Ordinance_
rjgardlesc of hrnx~ and hnildings mar he located nn the rctne ~ in the ftttnre
Hrnx~ever,~n~~ fnhtre develp,~m nt, redPVelnnmen~ t nr exnancinn nn this nn inn of
Ordinance No. 90-06-194 Page 1 of 3
AGENDA ITEM #7A
JUNE 26, 2006
~.
rhP nrn
---r- nPrt~ which is mm~~s d to x 1 thirty_fiv
r-- e (3~~ feet in height s hall he
su 'ect to ~nnrnv~l by the City C'nmmiesinn and shal l in n~ event exceed th e height
~
of the e xisting hotel tower h~~ildin.g as of the effectiv e date ~f this Ordinance .
Amanrlmantc to this Section of the C'.ity Charter shall he made only in
acrnrdance with Article X ~f the Charter, Tnitiativ.. and Referendum."
SFC'TTnN 2. Form of Ballot and Election Question.
The form of ballot and election question to be used in said election shall be as
follows:
CHARTER ELECTION BALLOT
2006
'~ CITY OF ATLANTIC BEACH
BAT.T.nT TTTT,F.: Amending Sec. 59 of the Atlantic Beach Charter to "Zoning,
Land Development Regulations and Maximum Building Height."
RAT.T,nT STTMMARY: Amending Sec. 59 of the Atlantic Beach Charter limiting
~" height of all buildings to 35 feet, allowing buildings presently exceeding 35 feet to be repaired to
existing height, prohibiting alterations that would cause building height to exceed 35 feet, allowing
certain exterior architectural design elements in non-residential areas to exceed the height limitation
only upon approval by the City commission, allowing an exception for a portion of the existing Sea
Turtle Inn property, and not restricting any property owner's vested rights under constitutional,
~» statutory or common law.
Shall the above Charter amendment be adopted?
Yes(approve amendment)
No(reject amendment)
SF,C'TTnN 3. Effective date of Charter amendment.
If approved by a majority of the voters at the election on , 2006,
then the Charter amendment shall take effect immediately.
SF.(:TT()N 4. Effective date of this Ordinance.
This Ordinance shall take effect immediately upon its final passage and adoption.
Ordinance No. 90-06-194 Page 2 of 3
AGENDA ITEM #7A
JUNE 26, 2006
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
Approved as to form and correctness:
ALAN C. JENSEN, ESQUIRE
City Attorney
DONALD M. WOLFSON
Mayor, Presiding Officer
Ordinance No. 90-06-194 Page 3 of 3