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1211 Mayport Road (Carlton Fields) 07.24.2002 July 24, 2002 Joseph J. Verdone, AICP Carlton Fields P.O. Box 150 West Palm Beach, FL 33401-6149 Re: Real Estate Parcel No. 177579-0000, 1211 Mayport Road Dear Mr. Verdone: I write in reply to your attached letter. For brevity, I will provide responses in order of the eight questions posed within your letter. 1. The Future Land Use for this property, as designated by the adopted Comprehensive Plan for the City of Atlantic Beach, is Commercial Limited (CL). 2. The Zoning District classification of the property is also Commercial Limited (CL), which is consistent with the FLUM designation. 3. To the City’s knowledge, the project as developed and as now used, is consistent with any Certificate of Occupancy previously issued. 4. The current use is considered a Legal Conforming Use. The City’s recently amended land development regulations, however, now require approval of a Use-by-Exception in the CL Zoning District for gasoline sales, limited to six fueling positions, in association with a Convenience Stores. (Convenience Stores remain a Permitted Use in the CL district.) In the event that the use was fully destroyed by a catastrophic event, it is the position of this department that the use would be considered a lawfully vested use, without need for approval of a Use-by-Exception, provided that no additional fueling positions were added and that reconstruction was otherwise in compliance with all applicable laws and regulations. Page two Mr. Verdone June 24, 2002 5. The City of Atlantic Beach does not require Concurrency review. 6. The City is now in the process of revising our 1997 Evaluation and Appraisal Report. EAR-based amendments are anticipated during 2003; however, there are no anticipated amendments or changes that would impact this property. 7. The project is not subject to any known violations, notices, liens or code enforcement action. 8. The current adopted Comprehensive Plan has been found consistent with Chapter 163, F.S. and the State Comprehensive Plan. Please feel free to contact me at (904) 247-5817 with any further questions. Sincerely, Sonya Doerr, AICP Community Development Director Enclosure cc: Giant Oil, Inc. Giant Jacksonville LLC c/o Laurel Lockett, Esq. CARLTON FIELDS 1 Harbor Place Tampa, Florida 33602 SunTrust Bank c/o Michael A. Bedke, Esq. PIPER RUDNICK LLP 101 East Kennedy Boulevard, Suite 2000 Tampa, Florida 33602