REZ-2001-01 (WQOP) Memo to JH
MEMORANDUM
TO: Jim Hanson
City Manager
FROM: Sonya B. Doerr, AICP
Community Development Director
DATE: January 15, 2002
REGARDING: Rezoning of WQOP (Queen of Peace radio station)
The radio station property was rezoned to OR (Open Rural) in July of 1998 subsequent to the annexation of this area by the City of Atlantic Beach. While “radio or television transmitters,
antennae, etc.” were listed as a Use-by-Exception in the OR District, I cannot find any record that the City ever took the formal action of conveying a Use-by-Exception for the radio
station use that existed at the time the property was annexed. (The ordinance rezoning this annexed area to OR did not specifically address the radio station or any other existing
use.)
Whether the radio station would be considered a non-conforming use if the City failed to formally grant a Use-by-Exception is a question for the City Attorney, but I believe that it
would instead be considered a lawfully vested use. The property owner has acted in good faith reliance on approvals and permits issued by the City; and based upon information available
in City files, it appears that a significant expenditure of funds has been incurred since 1997; and lastly, while the terms of a Use-by-Exception could have addressed specific restrictions
and site development criteria, the City took no action to establish these, thus this failure could be construed as an omission of government.
The previous OR zoning regulations contained no minimum site area, width or depth, yard requirements, lot coverage or height limitation. Accordingly, the existing building on the site
could not have been considered a nonconforming structure, and I am aware of no limitation that would have restricted expansion of the building other than compliance with building codes
and any State permitting requirements. The radio station currently holds several permits issued from the City since the annexation:
Foundation Permit #15094 issued 08/13/97 for foundation for satellite dish
Sign Permit #16497 issued 05/20/98 for a 35 square foot wall sign (no electrical)
Plumbing Permit #18292 issued 05/28/99 for installation of sewer and septic
Building Permit # 21782 issued 04/16/01 to install satellite dishes and concrete foundations for satellite dishes
Building Permit #21485 issued 02/21/01 to relocate satellite dish
Sign Permit #21582 issued 03/08/01 to relocate an existing pole sign to comply with 25-foot height limitation.
Section 24-113 (the new SP regulations) now requires that specific site development criteria, including setbacks, height any other requirements that are appropriate to a specific property
be included in the ordinance enacting the individual SP district. Without such provisions, there are effectively no development criteria for the property, as was the case in the previous
OR Zoning District regulations.
With regard to signs, the radio station currently has two sign permits, one for a thirty-five square foot wall sign and a second permit for a pole sign. Sign regulations do not distinctly
address signs allowed for non-commercial activities, such as a religious radio station; however, Section 17-2 lists signs that are permitted only in commercial and industrial zoning
districts and apartment and condominium complexes. The sign standard most appropriate to this use would seem to be Section 17-1.1.11, which allows: Bulletin Boards not over fifteen
(15) square feet in area for public, charitable or religious institutions, when located on the premises of the institutions. (This standard obviously was not used by previous staff
in approving the sign permit for the 35 square foot sign or the pole sign, but rather the standards for commercial signs were apparently applied.)
In summary, under the previous OR regulations, there was no limitation on maximum height, setbacks, or lot coverage, and the City did not enact a Use-by-Exception to establish these.
As such, I cannot find that the City would have had grounds to deny Building Permits, providing that plans complied with building codes and other agency permitting. The City has
in fact continued to issue permits for use and further development of the property since its annexation into the City of Atlantic Beach.
Under the SP designation, the City is required to establish Building Restrictions appropriate to the particular property and use. While the property owner is clearly entitled to the
continued use of this property in that the use has been established for some forty years, the City is authorized by Section 24-113 to rezone the property and establish development standards
appropriate to the site.
The standards now proposed are those as recommended by the Community Development Board. The Commission may determine that given the unique location of the property, and also in consideration
of he Conservation land use designation, that stricter standards than those recommended by the Community Development Board (and requested by the applicant) are appropriate.
I offer the following standards as options for consideration. (Changes to Section 3. c. of the currently proposed ordinance are underlined.).
c. Site Requirements and Building Restrictions.
i. Minimum Yard Requirements: Front – Eight (8) feet.
Side and Rear – Zero (0) feet.
ii. Building Restrictions. The maximum height for buildings and structures shall be fifteen (15) feet and limited to one-story in height, except that the height for antennae shall be
such height as licensed by the Federal Communications Commission (FCC) and approved by the Federal Aviation Commission (FAA).
iii. There shall be no onsite wetland impacts beyond those permitted at the effective date of this rezoning.
Any construction which adds additional square footage to the existing primary building shall require site plan approval by the Community Development Board prior to the issuance of any
future Development Permits.
The front (southernmost side) of the property shall be landscaped in accordance with Chapter 24-177.
vi. Signage shall be limited to that as required by applicable FCC regulations, and an additional amount of signage not to exceed 35 (feet) square feet of wall sign, which shall remain
non-illuminated. (This would allow the radio station to continue to use the wall sign for which they currently have a permit, but would prohibit the pole sign.)
If it is your feeling that the above criteria are generally consistent with the desire of the Mayor and the City Commission, I will discuss these with the property owner and counsel.
Previous OR regulations
Permits issued
Special Purpose Ordinance
1. Development standards
Maximum Height: none
35 ft. now proposed; may consider amending to limit buildings to 15 feet (one-story) in height
Minimum Lot area: none
Limit defined by legal description
Minimum width: none
Limit defined by legal description
Minimum lot depth: none
Limit defined by legal description
Setbacks: none
Front: eight feet
Side and rear: zero feet
2. Signs – Chapter 17 does not provide for signs in OR zoning, but allows 15 square feet “bulletin board signs for religious and charitable uses. (The term “bulletin board” is not
defined.)
Permits issued for two signs; a 35 sq. ft. wall sign and a pole sign of undefined square footage at 25 feet height. (Standards for commercial districts were incorrectly used in approval
of these signs.)
CDB recommended no signage; may consider limiting to the one wall sign they now have a permit for and any as required by FCC.
Landscaping – none
CD Board recommended and Applicant agreed to landscape front of site.
Wetlands – City has no direct permitting authority over jurisdictional wetlands, however, our Comprehensive Plan contains Policies that require protection of estuarine and wetland environments.
ACOE and SJRWMD permits have previously been issued for fill on and around the radio station property. This work appears to be well underway.
The applicant offered to the CD Board that no additional wetland impacts would occur on the property, but staff is advised that there may now be an intention to fill additional wetlands
on the site.
Use limitations – Under the OR regulations; the below uses were allowed by-right.
(1) Agriculture, horticulture and forestry, excluding the keeping and raising of farm animals and poultry;
(2) Game preserves, wildlife management, water sheds, water reservoirs;
(3) Golf courses, parks, camp- grounds, recreation areas, playgrounds;
(4) Government buildings and facilities.
A Use-by-Exception should have been approved by the City when the property was annexed and rezone, but this apparently was not done.
Under the terms of the SP ordinance, only the existing broadcast facility use is permitted. Any future or different use would require review and recommendation by the Community Development
Board and approval by the City Commission, and any new use would have to demonstrate consistency with the Comprehensive Plan’s Conservation land use designation.
Use limitations – Under the OR regulations; the below uses were allowed by-right.
(1) Agriculture, horticulture and forestry, excluding the keeping and raising of farm animals and poultry;
(2) Game preserves, wildlife management, water sheds, water reservoirs;
(3) Golf courses, parks, camp- grounds, recreation areas, playgrounds;
(4) Government buildings and facilities.
A Use-by-Exception should have been approved by the City when the property was annexed and rezone, but this apparently was not done.
Under the terms of the SP ordinance, only the existing broadcast facility use is permitted. Any future or different use would require review and recommendation by the Community Development
Board and approval by the City Commission, and any new use would have to demonstrate consistency with the Comprehensive Plan’s Conservation land use designation.