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REZ-2001-01 (WQOP) Ordinance (revised 06-11-02) ORDINANCE NUMBER: 90-02-171 AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, ADOPTING ORDINANCE NUMBER 90-02-171, REZONING LANDS AS DESCRIBED HEREINAFTER FROM THE PRESENT ZONING CLASSIFICATION OF OPEN RURAL (OR) TO SPECIAL PURPOSE (SP); MAKING FINDINGS OF FACT; PROVIDING FOR SPECIAL CONDITIONS; REQUIRING RECORDING; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, First Coast Catholic Communications, Inc. the record owner of lands described herein within attached Exhibit A, filed an application (File Number REZ 2001-01) for a zoning change dated October 09, 2001, as described hereinafter, and WHEREAS, after required notices were published, public hearings were held on the 10th and 24th days of June, 2002, to consider said zoning change as set forth herein. NOW THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA: SECTION 1. Upon consideration of the application, supporting documents, recommendation of the Community Development Board, and comments from the staff and citizens at the public hearing, the above recitals are hereby incorporated as Findings of Fact in support of this Ordinance, and the City Commission finds as follows: The request for rezoning has been fully considered after public hearing with legal notice duly published as required by law. The rezoning to Special Purpose District (SP) is consistent with the Comprehensive Plan. The rezoning to Special Purpose District (SP) is consistent with the zoning and land development regulations for the City of Atlantic Beach. SECTION 2. Pursuant to this rezoning procedure, (File Number REZ 2001-01) the zoning classification of Open Rural (OR) of the lands described within the legal description, attached as EXHIBIT A, is hereby changed to Special Purpose District (SP). SECTION 3. Special Conditions, which shall apply to the lands referenced herein, shall be as follows: a. The permitted use within this Special Purpose District shall be a telecommunication and radio station broadcast facility. This Special Purpose District has been established in accordance with Ordinance 90-01-172, Chapter 24, Zoning, Subdivision and Land Development Regulations, Sections 24-62 and 24-113, Code of Ordinances for the City of Atlantic Beach, Florida. b. Accessory Uses and Structures shall be limited to those that are incidental and necessary to conduct this specifically permitted Use. c. Site Requirements and Building Restrictions. Minimum Yard Requirements: Front – Eight (8) feet. Side and Rear – Zero (0) feet. Building Restrictions. The maximum height for the Principal Building shall not exceed one-story and (15) feet, and the maximum height for any Accessory Buildings shall not exceed twelve (12) feet, 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). In the event that the Principal Building is reconstructed, the maximum height of Building shall be limited to fifteen (15) feet above Base Flood Elevation (BFE) as may be established, or amended, by the Federal Emergency Management Agency (FEMA) and limited to a single-story of enclosed Floor Area. d. Any wetlands filled on site shall be permitted in accordance with all applicable state and federal regulations. e. Any additional construction, which increases the Floor Area of the existing Principal Building or replaces the existing Principal Building, shall require site plan approval by the City Commission following review and recommendation by the Community Development Board, and prior to the issuance of any future Development Permits. f. The southern side of the property, extending an east-westerly distance of approximately one-hundred (100) feet and the western side of the property, extending a northerly distance of eighty (80) feet shall be landscaped in accordance with Chapter 24-177 to provide a ten (10) foot wide continuous buffer around the building and accessory equipment. The property owner shall consult with City staff to determine plant materials appropriate to this marsh environment. Landscape shall be continuously maintained in a healthy condition. g. The existing buildings shall be painted in a color that blends with the natural environment surrounding this site. The property owner shall consult with the Community Development Director to determine an appropriate color. h. The maximum number, size and height of any Signs (in addition to those as required by FCC regulations) shall be: one Freestanding Sign, not to exceed sixty (60) square feet of Sign Display Area and twelve (12) feet in height; Such Sign shall be a monument style, externally and ground illuminated Sign and shall be constructed of wood, high-density urethane or similar materials, provided that no plastic or vinyl Sign face shall be used. The base of such Sign shall be landscaped. one Wall or Fascia Sign not to exceed twenty-four (24) square feet of Sign Display Area. Wall or Fascia Sign shall be non-illuminated. i. In the case that the specific use permitted herein is ceased for a period of twelve (12) months or abandoned, the Zoning District designation shall remain Special Purpose (SP), except that no future Use shall be permitted except in conformance with the requirements of Sections 24-62 and 24-113, Chapter 24, Zoning, Subdivision and Land Development Regulations, and until the Ordinance establishing this Special Purpose District is amended. SECTION 4. To the extent that they do not conflict with the unique, specific and detailed provisions of this Ordinance, all provisions of the Code of Ordinances for the City of Atlantic Beach as such may be amended from time to time shall be applicable to development and use of lands referenced herein except to the degree that development may qualify for vested rights in accordance with applicable ordinances and laws. Furthermore, notwithstanding any provision of this ordinance, no portion of any ordinance, building code, Comprehensive Plan or any other regulation shall be deemed waived or varied by any provision herein. SECTION 5. This Ordinance shall be recorded in a book kept and maintained by the Clerk of the City of Atlantic Beach, Duval County, Florida, in accordance with Section 125.68, Florida Statutes. SECTION 6. This Ordinance shall become effective on the date passed and enacted by final reading. Upon the effective date of this Ordinance, the zoning classification shall be recorded on the official Zoning Map as maintained in the Building, Zoning and Community Development Department by the Community Development Director or designated administrative official. Passed on first reading and public hearing by the City Commission of the City of Atlantic Beach this 10th day of June, 2002. Passed on final reading and public hearing this 24th of June, 2002. _________________________________ JOHN S. MESERVE Mayor/Presiding Officer Approved as to form and correctness: _______________________________ ALAN C. JENSEN, ESQUIRE City Attorney Attest: _______________________________ MAUREEN KING City Clerk