Item 7A v
AGENDA ITEM #7A
AUGUST 14, 2006
ORDINANCE NUMBER 90-06-194
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA,
CALLING FOR A REFERENDUM TO AMEND SECTION 59 OF THE
CITY CHARTER TO LINIIT THE HEIGHT OF BUILDINGS WITHIN THE
CITY TO THIItTY-FIVE FEET, PROVIDING FOR EXCEPTIONS, AND
PROVH)ING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE
OF THE CITY OF ATLANTIC BEACH, FLORIDA:
SFCTinN 1 _ Calling for a referendum Election Amending the City Charter.
A referendum shall be added to the election ballot on November 7, 2006, to amend
Section 59 of the Charter of the City of Atlantic Beach, Florida, to read as follows:
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 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; provided however, that existing Buildings which
exceed 35-feet in height may be repaired to that existing height, 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 the City Commission may approve,
pursuant to the applicable Section of the City's Land Development Regulations,
„~, requests to exceed the maximum Building height of thirty-five (35) feet for exterior
architectural design elements, exterior decks or porches within non-residential land
use categories as designated by the Future Land Use Map of the adopted
~„ Comprehensive Plan, for non-residential development.
The only property excepted from this height limitation shall be certain parts
of the existing Sea Turtle Inn hotel property, located at 1 Ocean Boulevard, Atlantic
Beach, Florida, which property 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, and only those parts of said properly as follows: (1) the existing Buildings that
exceed 35-feet on the property as of the effective date of this Ordinance, and (2) that
part of said property extending west from the existing hotel tower no more than one
Ordinance 90-06-194 Page 1 of 3
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AGENDA ITEM #7A
AUGUST 14, 2006
hundred twenty-five (125) feet towards the west property line, no closer than fifty
(50) feet to the south property line, with no more than a maximum width of one
hundred (100) feet and containing an additional footprint of no more than eleven
~. thousand five hundred (11,500) square feet However, any future development,
redevelopment or expansion on these parts of the property, which are proposed to
exceed thirty-five (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 tower
Building 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.
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
NOVEMBER 7, 2006
~„ CITY OF ATLANTIC BEACH
RAT .T .(1T TTTT .F.; Amending Section 59 of the Charter to Zoning, Land
Development Regulations and Maximum Building Height,
RAT,T.(1T CTT1ViMARY; Amending Section 59 of the Charter limiting height of
~* Buildings to 35-feet, allowing Buildings presently exceeding 35-feet to be restored to existing
height, prohibiting alterations that would cause Buildings to exceed 35-feet, allowing exterior
design elements in non-residential areas to exceed the height limitation if approved by the City
Commission, excepting parts of the Sea Turtle Inn property, and not restricting any property
owner's vested rights under any law.
Shall the above Charter amendment be adopted?
Yes (approve amendment)
No (reject amendment)
CF[''TTnN 'T Effective date of Charter amendment.
Ordinance 90-06-194
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AGENDA ITEM #7A
AUGUST 14, 2006
If approved by a majority of the voters at the election on November 7, 2006, then
the Charter amendment shall take effect immediately.
RF("TinN 4_ Effective date of this Ordinance.
This Ordinance shall take effect immediately upon its final passage and adoption.
PASSED by the City Commission on first reading this 24~` day of July, 2006.
PASSED by the City Commission on second and final reading this day of
2006.
ATTEST:
DONNA L. BUSSEY
City Clerk
Approved as to form and correctness:
DONALD M. WOLFSON
Mayor, Presiding Officer
ALAN C. JENSEN, ESQUII2E
City Attorney
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Ordinance 90-06-194
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