05-12-97CITY OF ATLANTIC BEAC.'H
COMMISSION MEETING -May 12, 1997
AGENDA
Call to order
Invocation and pledge to the flag
Approval of the minutes of the Regulaz Commission Meeting of April 28, 1997
2. Recognition of Visitors:
A. Donation of defibrillator for Lifeguazds
B. Presentation of Proclamation recognizing Public Works Week
3. Unfinished Business:
A. Action on a request from Shorecrest Condominiiun Association to deviate from the
height requirements at 193-197 Beach Avenue
4. Consent Agenda:
A. Acknowledge receipt of monthly reports from (:ode Enforcement and Recreation
Departments
5. Action on Resolutions:
6. Action on Ordinances:
A. Ordinance No. 60-97-10: Public Hearing (Continued from Apri128, 1997) and Final
Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH AMENDING
CHAPTER 17, SIGNS AND ADVERTISING STRUCTURES; PROVIDING FOR
AMORTIZATION OF NON-CONFORMING SIGNS; AND PROVIDING AN
EFFECTIVE DATE
7. New Business:
A. Public Hearing and action on an application for a U se-by-Exception filed by Affiliated
American Inns, III, Ltd., D.B.A. Mayport Gazden Inn, to construct a 90-room suite
hotel on property at 2301 Mayport Road, on property zoned Commercial General
(CG)
B. Request for deviation from 35-foot height requirements Mayport Gazden Inn
C. Authorize execution of Memorandum of Understanding between the Atlantic Beach
Fire Rescue Department and Jacksonville Fire RESCUe Department
MINUTES OF THE REGULAR MEETING OF THE ATLANTIC
BEACH CITY COMMISSION HELD IN CITY HALL, 800 SF:MINOLE
ROAD, AT 7:15 PM ON MONDAY, MAY 12, 1997
PRESENT: Lyman Fletcher, Mayor
Mike Borno
John Meserve
Steve Rosenbloom,
Suzanne Shaughnessy, Commissioners
AND: Alan C. Jensen, City Attorney
Jim Jarboe, City Manager
Maureen King, City Clerk
The meeting was called to order at 7:15 p.m. The invocation was offered by
Mayor Fletcher, followed by the Pledge of Allegiance to the Flag.
1. Anproval of the minutes of the Regular Meeting held
Auril 28. 1997.
Motion: Approve minutes of the Regular Meeting held
'"~'' April 28, 1997.
The motion carried unanimously.
2. Recognition of Visitors:
A. Donation of defibrillator for Lifeguards
Public Safety Director Thompson introduced Lifeguard Chief Chip Drysdale
and Larry Shealy of Survivalink Corporation and stated the city's Lifeguard
Corps. would be the first in northeast Florida to have use of a defbrillator:
Mr. Drysdale thanked Mr. Shealy, who donated the defibrillator to tlhe
Lifeguards, and both gentlemen demonstrated how the machine worked using
Alan Potter as the "victim" of sudden cardiac arrest. It was pointed. out 1,000
people per day die of sudden cardiac arrest in the United States, and each
minute of delay experienced after the attack reduces a person's chances for
survival by ten percent.
B. Presentation of Proclamation recognizing Public Works Week
.-. Mayor Fletcher read in full the Proclamation declaring May 18 - 24,
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1997 as Public Works Week in Atlantic Beach. Mayor Fletche°r then
presented Public Works Director Kosoy the framed proclamation to
display in the Public Works Building. Mr. Kosoy thanked the Mayor
and praised his dedicated employees for the good job they do Ito improve
the quality of life for the citizens of Atlantic Beach.
C. Ruben Bennett of 100 Seminole Road
Mr. Bennett appeazed before the Commission to request an amendment
to the current zoning ordinance to add plant nurseries to the uses by
exception in RG-2 and RG-3 districts. This would allow Mr. Bennett
to sell flowers, plants and small tropicals on property located adjacent to
the Sunnyland Cleaners on Seminole Road. Mr. Bennett gaut; each
Commissioner a copy of the proposed change.
3. Unfinished Business:
A. Action on a request from Shorecrest Condominium Association
to deviate from the height requirements at 193-197 Beach
Avenue
City Manager Jarboe reported that as requested by the Commission, the
property was surveyed and the height of the original portion o:f the
building was found to be 37.36 feet.
It was also reported that Building Official Ford had. followed up on
Commissioner Rosenbloom's request and inspected the properny for code
violations and found nothing of consequence even though in the eazly
years it appeazed additions were made to the building with no permits.
Motion: Grant exception to the building height requirement
for the Shorecrest Condominium located at 193-197 Beach
Avenue not to exceed 38 feet.
Under discussion Commissioner Rosenbloom stated there had been no
recent additions to the building and he believed this Commission was not
the "watchdog" for what happened thirty years ago with regazd~ to the
"~' building height. He also stated the property owners should be allowed to
repair the building as it exists.
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Mayor Fletcher expressed his concern that if this request was allowed, it
would seta precedent for this type of request.
City Attorney Jensen advised that due to amount of time that had passed
with the roof exceeding the present height requirement, the property
would be considered "grandfathered in" and would not set a precedent.
Substitute Motion: Grant exception to the height requirements
for Shorecrest Condominium located at 193-197 Beach
Avenue not to exceed the height of 37.36 feet.
There was no further discussion and the motion carried unanimously.
4. Consent Agenda:
A. Acknowledge receipt of monthly repots from the Code
Enforcement and Recreation Departments
The consent agenda items were received and acknowledged as presented.
5. Action on Resolutions:
None.
6. Action on Ordinances:
A. Ordinance No. 60-97-10: Public Hearing (Continued from April
28,1997) AN ORDINANCE OF THE CITY OF ATLANTIC
BEACH AMENDING CHAPTER 17, SIGNS AND
ADVERTISING STRUCTURES; PROVIDING FOR
AMORTIZATION OF NON-CONFORMING SIGNS; AND
PROVIDING AN EFFECTIVE DATE
Mayor Fletcher read the ordinance by title only, opened the public hearing and
invited comments from those present.
J.P. Marchioli of 414 Sherry Drive pointed out the following sections of the
ordinance he believed needed careful examination as they could cause problems:
!^^ Sections 17.7 project signs, 17.12 dealing with bulletin boards, 17.6 vehicle
signs, and 17.34 dealing with sign permits for new construction projects.
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At this point in the meeting Item 7 E was taken out of order and acted upon.
There was no further discussion of the sign ordinance and the public hearing
was declared continued to the May 27th Commission Meeting.
Commissioner Shaughnessy stated she would like to refer Sections 17-6 and
17-10 of the proposed Sign Ordinance to the Review Committee because she
believed, as written, they would prohibit Christmas lights and "Just Married"
signs.
7E. Appoint Sign Ordinance Committee
Mayor Fletcher stated he would like to appoint the following citizens to the
Sign Ordinance Review Committee: David Jeffery, Tony Zeaiter, and. John
Baillie.
Motion: Appoint David Jeffery, Tony Zeaiter and John Baillie to
the Sign Ordinance Review Committee.
There was no further discussion and the motion carried unanimously.
New Business:
A. Public Hearing and action on an application for aUse-by-
Eaception filed by Affiliated American Inns, III, Ltd., D.b.a.
Mayport Garden Inn, to construct a 90-room suite hotel on
property at 2301 Mayport Road, on property zoned Commercial
General (CG)
City Manager 7arboe stated Community Development Director Worley would
answer any questions the Commission might have concerning the request.
Motion: Grant Use-by-Exception to Affiliated American Inns, III,
Ltd., dba Mayport Garden Inn, to construct a 90 room snits hotel
on properly located at 2301 Mayport Road zoned Commercial
General (CG).
Russell Zimmerman, agent for the owners of the property, introduced himself
and presented a brief overview of the proposed plans for the site. B:e stated
the applicants also own the adjacem Comfort Inn and this development would
be linked to it with a common driveway and in operation. Mr. Zimmerman
further stated the proposed building would face north and south on the
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1997
property and lighting will be screened to prevent it from shining in Fleet
Landing, the property's closest neighbor.
J.P. Marchioli of 414 Sherry Drive stated he welcomed the project to
Mayport Road.
Charles Styer of 128 Fleet Landing Boulevard, stated he did not know
enough about the proposed project to know how it would impact Fleet
Landing, but expressed some concern regarding the proposed height ofthe
building. He asked if someone staying on the fourth floor of the inn. would be
able to see Fleet Landing and also inquired as to the closeness of thE; proposed
building to Fleet Landing's property.
At this point in the discussion, Commissioner Shaughnessy called the
question,( i.e., motion to vote immediately), and the motion carried by a
three to two vote with Commissioner Rosenbloom and Mayor Fletcher
voting nay.
"~ There was no further discussion of the request and the motion to approve the
use-by-exception carved by a four to one vote with Mayor Fletcher voting nay.
B. Request for deviation from 35 foot height requirements - Mayport
Garden lnn
Motion: Grant exception to the height requirement to allow
construction to a height not to exceed forty-one feet .
Commissioner Meserve stated he believed this would be an attractive, quality
business which would enhance the Mayport Road area, provide forty new
jobs and an increased tax base for the city. In addressing Mr. Styer's concern,
Commissioner Meserve stated there would be no rooms overlooking; Fleet
Landing.
Commissioner Shaughnessy stated she was committed to keeping the 35 foot
height limit in residemial azeas, but the property in question is zoned
commercial. Conunissioner Shaughnessy also favored the proposal as an
excellent project to boost the Mayport Road area.
Commissioner Borno asked that the timing of the light at Assisi Lane and
,A.,., Mayport Road be checked because it appeazed to be on a short cycle which
would not support an increase in traffic to the area.
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Commissioner Rosenbloom inquired if a representative of Fleet Landing was
present to present their views of the project, and was told the Board had been
informed of the project and had no objections. Commissioner Rosenbloom
also stated he favored the height requirement ordinance, but each individual
project needed to be judged on its own merits. In conclusion, Comnssioner
Rosenbloom stated he supported the project and would like to see more work
done to upgrade and beautify the Mayport Road area.
Mayor Fletcher expressed concern that approving the request wouldl set a
precedent and those living in residential areas would ask for "equal protection"
under the law and request exceptions to the height requirements. Mayor
Fletcher then asked City Attorney Jensen his opinion.
City Attorney Jensen stated that each request has its own unique circumstances
and should be considered on its own merits. He further stated that approving
one request does not give a blanket approval to similar requests.
Mayor Fletcher then asked that all documents presented with the request be
''"""~ made part of the official record. The documents presented by Affiliated
American Inns, III, Ltd., Staff Report from Community Development Director
Worley, and a letter supporting the project from Jan C. Gaudio, Commanding
Officer of Mayport Naval Station, are attached and made part of this official
record as Attachment A.
Commissioner Rosenbloom concluded the two height deviation requests heard
tonight each presented special circumstances and were considered accordingly.
There was no fiuther discussion and the motion carried by a four to one vote
with Mayor Fletcher voting nay.
Mayor Fletcher requested the draft of the zoning ordinance be included on the
next agenda for review and first reading. Mayor Fletcher then stated a
workshop may be necessary after the first reading, but it would be scheduled at
that time. He also asked that all members of the review committee be notified.
C. Authorize execution of Memorandum of Understanding between
the Atlantic Beach Fire and Rescue Department and Jacl'~.conville
Fire Rescue Department
~. Fire Chief Ruley briefly explained the Memorandum of Understanding with
Jacksonville Fire Rescue was requested by the State and provided for an
identification of Atlantic Beach Fire Rescue's current and future advancement
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in the medical delivery service.
Motion: Authorize execution of Memorandum of Undersl;anding
between the Atlantic Beach Fire and Rescue Department and
Jacksonville Fire Rescue Department.
There was no discussion and the motion carried unanimously.
At this point in the meeting, Item 7 F was taken out of order and acted on.
F. Appoint Commissioner to serve on an RFP review committee for
the selection of a new auditing firm
Mayor Fletcher stated he would like to appoint Commissioner Meserve to the
serve on the RFP review committee for the selection of a new auditinig firm.
It was the consensus of the Commission that Commissioner Meserve serve in
that capacity.
D. Authorize execution of Agreement for Maintenance between the
State of Florida Department of Transportation and the City of
Atlantic Beach
Motion: Authorize execution of Agreeroent for Maintenance
between the State of Florida Department of Transportation and the
City of Atlantic Beach.
There was no discussion and the motion tamed unanimously.
8. City Manager Reports and/or Correspondence:
A. Report relative to cleaning of Department of Transportation
ditches
City Manager Jarboe reported the FDOT ditches north of the city were being
cleaned for the first time in forty years and 90% of the work had bee~a
completed.
City Manager Jarboe stated he would be attending the City Managers'
Conference Wednesday through Friday of this week.
9. Reports and/or requests from City Commissioners, City Attorney
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Minutes Page -8-
and City Clerk
Commissioner Meserve commented on his recent debate with Jim Tullis
concerning the proposed Wonderwood Expressway and stated the mutter had
been referred to a sub committee causing a two week delay in further
discussions. Commissioner Meserve encouraged Beach residents to stay
involved to make sure the project does not die.
Commissioner Rosenbloom inquired concerning the condition of the Atlantic
Boulevard median plantings and asked Rick Beaver, who was present in the
audience and owns a landscaping maintenance company, his opinion..
Mr. Beaver stated the medians looked great, and the palm trees were doing
well. However, he thought the maintenance, which was supposed to begin
May 1, 1997, had not begun yet.
Mayor Fletcher reported a 96% set out rate for recycling during the month of
April, a 97% rate for the month of March and a 98% rate for the month of
January.
Mayor Fletcher reported the annual Town Center Dancing-in-the-Street
celebration would be held on Saturday, May 17, 1997.
There being no further discussion or business to come before the Commission,
the meeting adjourned at 8:25 PM.
Lyman Fletcher
Mayor/Presiding Officer
ATTEST:
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M reen King, C
City Clerk
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ATTACHMENT A
COMMI;iSION MEETING -MAY 12, 1997
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STAFF REPORT
AGENDA ITEM: Use-by-Exception for Hotel in CG District
SUBMITTED BY: George Worley II, Community Development Director
DATE: May 6, 1997
BACKGROUND:
The applicant owns commercial property at 2301 Mayport Road which is located
within the CG, Commercial General district. The applicant: desires to construct and
operate a 90 room hotel on the site. Hotelslmotels are permitted by exception in the
CG district. The proposed hotel will be linked by a driveway connection, to the existing
Comfort Inn to the north of the subject site. The preliminary site plan indicates 90
parking spaces for 90 rooms which meets the requirements of Section 24-161(g). The
application denotes the building to be 4 stories and the applicant has submitted a
separate request to the City Commission for an exception to the building height as
provided for in Section 24-156. Landscaping and setback requirements, as well as all
building and fire codes, must be met prior to approval of building permit applications.
RECOMMENDATION:
Based upon the character of the existing development in the vicinity and the
apparent conformance of the preliminary site plan with city, codes, the Community
Development Board unanimously recommended approval of the proposed hotel Use-
by-Exception to the City Commission.
ATTACHMENTS:
1) Application for Use-by-Exception
2) Staff report to the Community Development Board
3) Minutes of the Community Development Board Meeting
REVIEWED BY CITY MANAGER:
AGENDA ITEM NO.
Plea9e Type or Print in Ink Application Fee $100.00
~~~~ APPLICATION FOR "USE BY EHCEPTION" cp":~: Q^
Date Filed:__?5 March 1997______-_- ~~R ~ 1497
lily o`{f gtglantic Beacii
Rama and Addreae of Owner or Tenant in Possession of ~l}i((pli~yAd 2onlnR
Affiliated_American Inns IIIi Ltd______ phone
dba Ma~port 6arden_Inn______________ work:_jQQt~_24,t-144____________
2401-Mayport Road
At?antic Beach~_FL_ 32233 ____ Home:_______
Street address and legal description of the premises ae 'to rhich the "Use
by Exception" is requested:
_ 2301 Mayport toad __ Legal description attached__(Su~ect~roperty_________________
located south and adjacent to Waffle House and Comfort Inn on
_ Mayport Road _) _---_------
A description of the "Use by Exception" desired, which shall specifically
and particularly describe the type, character and extent. of the proposed
"Use by Exception':
_ ~9n~~~a~ti4a~f_a39_rQOSSL~uik~Saste3_sa the_sutzieut zuvneuy---------------------
Specific reasons rhy the appllcant feels the request should be granted:
_ ~_ma~15e.CxeseacctLbassleteaninedxtratan. uL~~~g_L~et~l_i~ negd~d_in--------------
_ the_general,proximi ty_to the MayPgr~Nav_~1„iias~tg_m_~et_the_~y~~p~________________
_ and_futtue negds Qf Shg CSsUSJ ~nS_I~_aT1~1 S44CSS'i~I4C.DeCS.Pttrtel_fRl________________
_ daily anSl_weeklXholi~1~•----°---------------------------------------------
Zoning Claseif ication :,~Comnercial general
_________ ___________
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/Signature of ap~nt/applicant's S
authorized agent or attorney. If A
agent or attorney, include letter w
from applicant to that eifeat.
Applicant: Do not-Rill-in beyond this point.
respond to the follaving items:
e of- roar ~of the property.
ion cannot: be processed
owners signature.
Horever, be prepared to
A PART OF SECTION 8, TOWNSHIP 2 SOUTH, RANGE 29 EAST, DUVAL
COUNTY, FLORIDA, BEING MORE PARTICIJLARLY DESCRIBED AS
FOLLOWS: FOR A POINT OF REFERENCE, COMMENCE AT THE
NORTHWEST CORNER OF FAIRWAY VILLAS, AS RECORDED IN PLAT
BOOK 39, PAGES 22 AND 22A, OF THE CURRENT PUBLIC RECORDS OF
SAID COUNTY; THENCE N 01'42' 10" WEST, ALONG THE EASTERLY
RIGHT-OF-WAY LINE OF MAYPORT ROAD (STATE ROAD A-I-A, A 100
FOOT RIGHT-OF-WAY AS NOW ESTABLISHED), A DISTANCE OF 806.37
FEET TO THE POINT OF BEGINNING; THENCE CONTINUE ALONG SAID
EASTERLY RIGHT-OF-WAY LINE, NORTH 0 ].'42' 10" WEST, A
DISTANCE OF 182.00 FEET; THENCE NORTH 88' 17'50" EAST, A
DISTANCE OF 20.00 FEET, THENCE SOUTH 01'42'10" EAST, A
~ DISTANCE OF 8.00 FEET, THENCE NORTH 88' 17'50" EAST, A DISTANCE
OF 220.67 FEET TO A POINT IN AN EXISTING DRAINAGE CANAL;
THENCE SOUTH 23'09'59" EAST, A DISTAN(E OF 187.00 FEET TO A
POINT IN SAID DRAINAGE CANAL; THENCE; SOUTH 88' 17'50" WEST A
DISTANCE OF 538.96 FEET TO THE POINT OF BEGINNING.
~PP(~INT~iEti~' ~~ :~GEtiT
I hereby appoint RL`SSELL \". ZLyI\IL;I2\-1~N to act as our ajeru and to represent us Ln
the \tlantic I3each. Florida "lise By Esception" approval process for our propei-t~- en
~4avport Rcad. which authorir< shat; allo4v l;im to execute . az documents required in our
behalf and ,to make presentations in our behalf:
Y ~
Jo ~J Shea. G eral Pattner
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dba ~tacporf Gardens an
34t}1 Via~~port Road
.~tlaritic Beach. Florida
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produced as iden.iflcatior: and 4z;'tlo dicLdid not take an
!"°` oath. ----
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SITE DATA_ HOTEL DATA
Size lac No.Stories
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PRELIMINARY SITE PLAN
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CITY OF ATLANTIC BEACH
COMMUNITY DEVELOPMENT BOARD
STAFF REPORT
MEETING DATE: April 15, 1997
AGENDA ITEM: # 5. B. Application for Use-by-Exception to construct a 90
room hotel at 2301 Mayport Road, in the CG,
Commercial General district.
The applicant owns commercial property at 2301 Niayport Road which is located
within the CG, Commercial General district. The applicant desires to construct and
operate a 90 room hotel on the site. Hotels/motels are permitted by exception in the
CG district. The proposed hotel will be linked both in operation, and by driveway
connection, to the existing Comfort Inn to the north of the subject site.
Staff has reviewed this proposal with specific interest in the parking
requirements, the building height, the landscaping requirements, and the setback
requirements. The preliminary site plan indicates 90 parking spaces for 90 rooms
%^ which meets the requirements of Section 24-161(g) provided that the hotel does not
contain a restaurant open to the public. If a restaurant is to be included, additional
parking spaces based upon the seating capacity must be provided on-site or within 300
feet as permitted by Section 24-162. The application denotes the building to be 4
stories and staff has been apprised that the applicant will submit a request to the City
Commission for an exception to the building height as provided for in Section 24-156.
The City Attorney has reviewed the zoning codes and has determined that building
height deviations are controlled by Section 24-156 and not by the Variance procedures
of Section 24-64. Landscaping and setback requirements must be met prior to
approval of building permit applications.
Based upon the character of the existing development in the vicinity and the
apparent conformance of the preliminary site plan with city codes (with the exception of
the building height, which wil be addressed by the City Commission), staff recommends
that the Community Development Board recommend approval of this proposed hotel
development to the City Commission.
MINUTES OF MEETING OF THE
COMMUNITY DEVELOPMENT BOARD
OF THE CITY OF ATLANTIC BEACH, FLORIDA
April 15, 1997
7:00 P.M.
CITY HALL
PRESENT Robert Frohwein
Mary Walker
Pat Pillmore
Buzzy Grunthal
Mark McGowan
Sharette Simpkins
AND : George Worley, 11, CD Director
Alan Jensen, Esquire
Pat Harris
ABSENT Don Wolfson
Vice Chairman Robert Frohwein called the meeting to order and postponed
approval of the minutes due to the late arrival of some of the members.
I. Presentation by Metropolitan Planning Organization .for the Jacksonville
Urbanized Area's Transportation Improvements Program for Fiscal Years 1997/1998
through 2001/2002.
Jeff Sheffield, representing Metropolitan Planning Organization, introduced himself
to the board and presented copies of the annual update of the transportation improvement
program. He stated that several agencies assisted in preparation of the document which
include the Florida Departrnent of Transportion, Public Works Departments for the City of
Jacksonville, Clay County, St. Johns County, the Beaches Communities, the Jacksonville
Transportion and the Jacksonville Port Authority.
Mr. Sheffield explained that the projects affecting the Beachs Area are the
construction of the Intracoastal Waterway Bridge, the Mayport Road Interchange at
Mayport Road and Atlantic Boulevard, a Jacksonville Beach Drainage Project, and San
,~--~ Pablo Road Improvements.
The chairman requested that in the future the board be supplied with planning and
design updates at least two weeks prior to a presentation so the members will be prepared
for questions relating to the report.
II. Application for Use-by-Exception filed by Affiliated American Inns III, Ltd., d/b/a
Mayport Garden Inn, to construct a 90-room suite hotel on property located at 2301
Mayport Road.
Russell Zimmerman, agent for the applicant, introduced himself and expressed the
applicant's desire to construct and operate on the property a 90 room suite hotel. He
stated that the applicants also own the Comfort Inn which is located on the north side of
the property. He indicated there would be an activity building associated with the hotel
which will include a casual dining facility, indoor spa, outdoor pool, computers and optical
scanners in glace for businessmen to conduct their business on site. The proposed hotel
will be linked in operation and with a driveway connection to the existing Comfort Inn.
Mr. Zimmerman explained that the drawing presented to the board was a
preliminary site plan and does not include all of the specifics regarding parking and
landscaping ordinances. He stated that if the use-by-exception was granted the final site
plan would include all requirements by the City.
The board requested Mr. Jensen's comment regarding attaching recommendations
~'°'^ to their approval such as height and parking requirements. Mr. Jensen stated that the
board was acting solely on the request for use-by-exception at the present time and the
City Commission will address the exception to the building height restriction.
Mrs. Walker moved to recommend approval of-the use-by-exception and Mr.
Grunthal seconded the motion.
A discussion followed regarding including conditions and limitations on the boards
recommendations.
After discussion, the board voted unanimously to recommend approval of the use
by exception.
III. The chairman called for approval of the minutes from the meeting on March
18, 1997. Mrs. Walker suggested the minutes reflect the reason the board deferred the
use-by-exception application after a vote to recommend approval fai{ed, specifically that
the board had requested the applicant provide a site plan. Thereafter, on motion made
and seconded, the minutes were approved as amended.
IV. The chairman called for approval of the minutes from the special meeting on
March 25, 1997. On motion made and seconded the minutes were approved.
The board agreed to hold a special meeting in the conference room on April 19,
1997 at 6:30 p.m. to discuss the proposed amendments to the zoning code of ordinances.
There being no further business to come before the board on motion made the
meeting was adjourned.
SIGNED
ATTEST
~8
STAFF REPORT
~ - ra ~ 97
AGENDA ITEM: Deviation from 35 foot building height limit
SUBMITTED BY: George Worley II, Community Development Director
DATE: May 6, 1997
BACKGROUND:
Affiliated American Inns III, Ltd. Proposes to construct a hotel on property at
2301 Mayport Road. The proposed hotel is intended to be 4 stories high and will
exceed the 35 foot building height limitation of the zoning code. The applicants have
requested an exception to the height limit per Section 24-156 of the Code of
Ordinances (attached for your reference) to allow the building to measure 41 feet.
Under this section of the code the City Commission may grant exceptions to the height
of buildings upon request. Such exceptions, if granted, must include the specific height
measurement permitted. Unlike a Variance, no hardship must be proven by the
applicant and the City Commission may make its determination to grant or deny such
an exception upon factors other than zoning code requirements, including economic
and general welfare considerations.
The construction of an upscale hotel in that area of Mayport Road will likely
enhance the appearance of the area, as well as provide aadditional stimulation to
economic growth. The necessity for construction of a 4 story structure is explained by
the applicants as due to a relatively small site area and market conditions requiring
approximately 90 rooms. Given the number of rooms proposed, the parking spaces
required, and the landscaping required, staff agrees that a smaller building footprint is
necessary to allow conformance with zoning codes.
The conditions effecting this proposal are not found in other areas of the city.
The property is zoned Commercial General and the only residential property in the
immediate vicinity is Fleet Landing, a Planned Unit Development which itself contains
buildings which were granted exceptions to the 35 foot height limit during the approval
of the P.U.D..
ATTACHMENTS:
1) Letter requesting height exception
~--, 2) Section 24-156 -~
REVIEWED BY CITY MANAGER; ~'
.,
AGENDA ITEM NO.
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I~A'I7?: 78 Alnii. 1997 NU. Q7+ PAG7S 1 (, Ineludint;''f'his: Page )
From: 'To:
RUSSI31.1.I.IMMi?1ZMAN, Abcnt 7lazr. LI'MAN '7". Fl l'i'C:111~R, Mayor
Atfilialcci Amezican Inns 711, I.td. City <rf Atlantic l:3cach, I~lati<la
(800) 51.4-219 7'cS. ~, fax (904) 247-58(15 f.~x
1t1s: I'cnding Application fas' 7_oniug "1.1sc by 73xcepiian" to constructs 9(s room hotel
at 2301 Ma33~or1 Road in the CCi Convnezcial Ccncral disUict.
I7c;ar Mayor 7~'letclzer:
1'he proposed Mayport (Iardcn hm hotel is planned in ISe a Thor story building 4vhich t~~ill
have a height of 41 fact. This lrcigttt. tirriil exceed the Toning code limitation oi'35 fact by G
fc;ct. and will require City approval. Mr. George ~.rorlc~~, Development. llireetoz•, sum~ested
slut. if our pmpased hotel will cxceul ilte zoning maximum height liintitatian That a "l iciL;ht
Iixception" be considered in canjune:tion v.=ith our Pendzug "1Jse by F,xccption" ra{oast to
be herd 28 Aprii 1999 by the City Cammission.
(7tzr initial feasibility studies focuses an the market need far a upscale hotel
contaizzizzt; suite style rooms that could be rented to navy personnel. and coutractnrs at. a
moderate price:. Also considered was the: linutalians of the buiidzng ~~n'~+elope and a~railahle
parking space on tite relatively small 2 aerc site. ')7tc restzlts showcei Thal the higher cast ~f
tlzc suite style hotel desigtz; the market. dictated zoom rcpt income limitation; and the siis; of
the site indicate a ii~cciGty of approximately 90 moms is required far the lrrojcct to be
feavble. C',onsideriztF; all requirements and eoztstraints of the 2 acts, siic these 90 rooms
shouid be contained witlus+ a fow• story build"zng and prc:liniinary architsctara] work reilee:u
that Aic building would he 41 feet in height.
7'lcasc consider this repuost to have liotlz the "Uae by L'seeptirnz" and "17eight
lixceptions" herd at 4ic City Coznmissiau mcetiz~. \ti~c will have: availabic at that. mceGn{;
all periincnt data coneezning Otu peixiing "IJse b}~ F.xcepti<>n" and this reyuc;steci "IIeigitt
1:>:ceptian".
Sincczcly~/per
I2- ussell Z- ezmazz, t~en~
American Affiliated Inns, Il, I_td
c/o Maypori. Camfozi Inn
2401 Mayport Road
Atlantic Beach, l~forida 32233
a: George ~TJarley 71
ZONING AND SUBDIVISION REGULATIONS § 24-157
Sec. 24-154. Display of used merchandise outside of busanese.
It shall be unlawful for any business or commercial enterprise to have outside display or
sales of used furniture, clothing, dry goods, hardware or other similar materials.
(Ord. No. 90-82-72, § I, 6-28-82)
Sec. 24155. Establishments offering dancing or live entertainment.
If at any time the city commission shall determine, based upon procedural due process,
that the live entertainment Cur which a conditional use permit has been issued constitutes a
public or private nuisance, is not in the best interests of the public, is contrazy to Lhe general
welfare or has an adverse effect upon the public health, safety, comfort, good order, appear-
ance or value of property in the immediate or surrounding vicinity, then the city commission
may, upon such determination, revoke, cancel or suspend such license, and any person or
party applying for and receiving a conditional use permit for live entertainment is hereby
placed on notice that the permit may be canceled, revoked or suspended at any time pursuant
to the provisions of this section. Every conditional use permit hereafter granted for live
entertainment shall contain a recitation upon the face thereof that the same is subject to
revocation, cancellation or suspension for the reasons stated in this section.
(Ord. No. 90.82.74, § 2(III, H, 4), 7-26-82)
Sec. 24-168. Exceptions to height limitations.
(a) Upon specific application, the city commission may malce exceptions to the limitations
and restrictions on height of buildings in all zoning districts described in this article, except
the single-family residential zoning districts; provided, that in any instance wherein such an
exception is granted, the city commission shall prescribe the maximum allowable height of
the building or buildings involved.
(b) Chimneys; water, fire, radio and television towers; church spires, domes, cupolas,
stage towers and scenery lofts; cooling towers, elevators and stair bulkheads, smokestacks,
flagpoles; parapet walls and simi)ar structures and their necessary mechanical appurtenances
may be erected above the height limits established by this article without the necessity of
obtaining a waiver of or exception to the height limitation by the city commission. However,
the heights of these structures shall not exceed the height limitations prescribed. by the
Federal Aviation Administration (FAA) within the flight approach zone patterns of airports.
Plans for construction in these areas shall be approved by the FAA prior to submittal to the
administrative official for site plan approval.
(Ord. No. 90-82-74, § 2(III, H, 5), 7-26-82)
Sea 24-157. Fences, hedges and walls; eaves and cornices.
(a) No owner, occupant or other person shall erect, keep or maintain in existence any
fence, wall or structure between the front property line and the front building setback line
exceeding four (4) feet in height at any given point. In the area between the front building
setback line and the rear property line, no fence or wall shall exceed six (6) feet in height at
any given point. The height of fences and walls shall be measured from grade to the top of the
Supp. No. 8
1455
~~7~~ DEPARTMENT OF THE NAVY
r."'^"'\ _~~ NAVAL STATION
MAYPORT, FLORIDA 32220.0112 IN REPLY REFER TO:
5000 11
Ser N004(~v~~9~•
MAR 311997
The Honorable Lyman Fletcher
City of Atlantic Beach
800 Seminole Road
Atlantic Beach, FL 32233
Dear Ma o etcher,
Since assuming command of Naval Station Mayport, I have been
most pleased at the close working relationship the Navy enjoys
with the city of Atlantic Beach. One area of mutual concern is
the enhancement of Mayport Road. It is one of Atlantic Beach's
major thoroughfares and the only road into the Naval Station. In
fact, we are looking forward to working with representatives of
Atlantic Beach, Jacksonville and the business community to put
together a more coordinated effort to solve some longstanding
problems of blight, traffic control, and planning for the future
for the entire area North of Atlantic Boulevard adjacent to
highway AlA.
_^'°^* I have recently read accounts that a local developer has
started the planning process towards building a new hotel on
Mayport Road. According to those newspaper articles the
permitting process should be occurring soon. I feel it is
appropriate to let you know of my support for the project. With
the current and future expansion of the Naval Station, we are
experiencing an ever-increasing need for off base housing,
including temporary lodging.. The availabi'.lity of quality hotel
rooms located in close proximity to the base will be a benefit to
our Sailors, their families and business travelers. At the same
time, as a major new business on Mayport Road, the project will
stimulate the type of clean and attractive growth that will aid
n~^ ' in our area beautification efforts.
~~V~' As an aside I would be remise in not ;Mating that the
developer, John Shea, has been a long time Atlantic Beach
n,{ businessman and "Good Corporate Citizen". As owner of the
YC' Comfort Inn on Mayport Road, he has suppori~ed our Sailors in many
ways throughout the years, and has always been scrupulously
honest in all dealings with his Navy customers.
As an elected official you will have isltimate decision
making authority. While I am not knowledgeable in Atlantic Beach
code requirements, I would hope reasonable accommodation could be
made in order that this project is allowed to go forward.
I enjoy the continued close cooperation with our neighbor
city to the South.
With warm regards,
c~..--.~
J C. GAUDIO
aptain, U.S. Navy
Commanding Officer
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