Ordinance No. 90-85-89 v Aft
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ORDINANCE NO. 90-85-89
AN ORDINANCE AMENDING THE ORDINANCE CODE OF THE CITY
OF ATLANTIC BEACH, FLORIDA; AMENDING THE LAND DEVELOP-
MENT CODE AND THE OFFICIAL ZONING MAP OF THE CITY OF
ATLANTIC BEACH, FLORIDA, TO REZONE LAND DESCRIBED
HEREIN AS ATTACHMENTS A, B, C, AND D FROM OPEN RURAL
TO COMMERCIAL GENERAL (CG) FRONTING ON MAYPORT ROAD
AND RESIDENTIAL GENERAL (RG-2) EAST OF THE PROPOSED
CG ZONING; PROVIDING AN EFFECTIVE DATE
WHEREAS, the Advisory Planning Board has considered a request to
change a zoning classification submitted by A. Harcourt Bull III ,
William A. Bull and Jane E. Bull of 321 Atlantic Beach, Atlantic Beach,
Florida 32233, and conducted a public hearing on same on April 16, 1985,
and
WHEREAS, the Advisory Planning Board did recommend to the City
Commission on April 22, 1985, that the property described on the
attached Exhibit A, B, C, and D and incorporated herein not be rezoned
from Open Rural (OR) to Commercial General (CG) and Residential General
(RG-2) , and
WHEREAS, the City Commission does exercise its powers to consider
recommendations to amend the Land Development Code including the
Official Zoning District Map in order to encourage the most appropriate
use of land, and
WHEREAS, the rezoning is consistent with the Comprehensive Plan,
NOW, THEREFORE, BE IT ORDAINED by the City Commission of the City
of Atlantic Beach, Florida, as follows:
Section 1. The the zoning district and zoning district map for
the lands herein described in Exhibit A, B, C and D attached hereto and
by reference made a part hereof, be rezoned from Open Rural to
Commercial General (CG) on the portions fronting Mayport Road and
running easterly to the creek, and the portions remaining east of the
creek be rezoned from Open Rural to Residential General (RG-2) .
Section 2. This ordinance will become effective immediately
upon its passage.
* * * * * * * * * * * * * * * * * * * * * * *
Passed by the City Commission on First Reading
Passed by the City Commission on Second & Final Reading
William S. Howell, Mayor
Presiding Officer
(SEAL)
ATTEST:
Adelaide R. Tucker, CMC
City Clerk
Approved as to form
and correctness:
Claude L. Mullis, City Attorney
1
Page 1 Of 9 CHANGE IN ZONING CLASSIFICATION REQUEST
Date Filed: /411 29 l /Q,e515
NAMES AND ADDRESSES OF ALL OWNERS OF THE SUBJECT PROPERTY:
A. 1/R•2cou, 713 uL L. — ---- -- --
—
1 f//L c.u9 zn A. 64,1_4. '..b4We E. ,8vi..L — _--
32/Ar Airic 6c4/0,, ATLA,/TiC f3C,,y ?2733 ---_
Phone: Z4/-ui¢32 - Home Phone: -_ Home
24$- //Z / Work Work
THE LEGAL DESCRIPTION, INCLUDING THE LOT AND BLOCK NUMBERS, OF THE PROPERTY
TO BE REZONED:
See A TTAc//t D6-4-c /Pr/dA/S • PRR.CEL S1� 2� 3 ¢`¢
PRESENT ZONING OF PROPERTY FOR WHICH CHANGE OF ZONING CLASSIFICATION IS
REQUESTED: OR. -- —
PROPOSED ZONING CLASSIFICATION: CO" i/79jzz .47�/-� w�
easZ
A STATEMENT OF THE PETITIONER' S INTEREST IN THE PROPERTY TO BE REZONED,
INCLUDING A COPY OF THE LAST RECORDED WARRANTY DEED; AND: If joint and
several ownership, a written consent, to the rezoning petition, by a].l
owners of record; or if a contract purchase, a copy of the purchase
contract and written consent of the seller/owner; or if an authorized
agent, a copy of the agency agreement or written consent of the prin-
cipal owner; or if a corporation or other business entity, the name of
the officer or person responsible for the application and written
proof that said representative has the delegated authority to represent
the corporation or other business entity, or in lieu thereof, written
proof that the person is, in fact, an officer of the corporation; or
if a group of continguous property owners , the owners of at least fifty
(50) percent of the property described in the petition must provide
written consent.
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Page 2 Of 9 CHANGE IN ZONING CLASSIFICATION REQUEST
A complete list of all property owners , mailing addresses and legal
descriptions for all property within three hundred (300) feet of the
subject parcel as recorded in the latest official tax rolls in the County
Courthouse. Attach Seperate Sheets if Needed
Property Owners and Mailing Addresses Legal Descriptions
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A STATEMENT OF SPECIAL REASONS FOR THE REZONING AS REQUESTED:
Page 3 Of 9 CHANGE IN ZONING CLASSIFICATION REQUEST
A complete list of all property owners , mailing addresses and legal
descriptions for all property within three hundred (300) feet of the
subject parcel as recorded in the latest official tax rolls in the County
Courthouse. Attach Seperate Sheets if Needed
Property Owners and Mailing Addresses Legal Descriptions
1. n/ElvA/Ej"CO/09P4NY Ars- ss/p/5417-2t /694Lo1-0000
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A STATEMENT OF SPECIAL REASONS FOR THE REZONING AS REQUESTED:
SEL(,e7tS (OuJn/E7 f) # 'E CCAITi TS FAQ .S,94e" DF LAM/DS To f34L-DEVELt Zi _
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Page 1 of 9 CHANGE IN ZONING CLASSIFICATION REQUEST
PAYMENT OF THE OFFICIAL FILING FEE AS SET BY THE CITY COMMISSION :
Date Paid 4/ - /- 255- $ Z5b -bO
THE SIGNATURE OF EACH AND EVERY OWNER OF THE LANDS :
flif
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7,_‘.4"W e1g--
ADVISORY PLANNING BOARD' S REPORT AND RECOMMENDATIONS :
DATE REVIEWED: PUBLIC HEARING DATE:
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'sDr9
LEGAL DESCRIPTION
FOR: COMMERCIAL GENERAL PROPERTIES
REZONING
PARCEL 1
A PART OF SECTIONS 5 & 8, TOWNSHIP 2 SOUTH, RANGE 29 EAST, DUVAL
COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
FOR 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 NORTH 01°42'10"
WEST ALONG THE EASTERLY RIGHT-OF-WAY LINE OF MAYPORT ROAD (STATE
ROAD A-1-A, A 100-FOOT RIGHT-OF-WAY), A DISTANCE OF 1367.31 FEET
TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE EAST AND
HAVING A RADIUS OF 5679.58 FEET; THENCE NORTHERLY ALONG THE ARC
OF SAID CURVE AND SAID RIGHT-OF-WAY LINE, A DISTANCE OF 216.27
FEET, MAKING A CENTRAL ANGLE OF 2°10'54", HAVING A CHORD BEARING
OF NORTH 00° 36'43" WEST AND A CHORD DISTANCE OF 216,.26 FEET TO
THE POINT OF BEGINNING; THENCE CONTINUE NORTHERLY ALONG THE ARC
OF SAID CURVE AND SAID RIGHT-OF-WAY LINE, A DISTANCE OF 730 FEET
MORE OR LESS TO THE NORTHERLY LINE OF SAID SECTION 5; THENCE
SOUTH 83 ° 00'00" EAST ALONG SAID NORTHERLY LINE OF SECTION 5 ; A
DISTANCE OF 300.40 FEET TO AN INTERSECTION WITH A LINE 300 FEET
EASTERLY OF AND PARALLEL WITH AFORESAID EASTERLY RIGHT-OF-WAY
LINE OF MAYPORT ROAD; THENCE SOUTHERLY ALONG SAID LINE A DISTANCE
OF 700 FEET TO AN INTERSECTION WITH A LINE BEARING NORTH
88 ° 17 ' 50" EAST FROM THE POINT OF BEGINNING ; THENCE SOUTH
88 ° 17 ' 50" WEST A DISTANCE OF 300.00 FEET TO THE POINT OF
BEGINNING.
6/0V7
:7
LEGAL DESCRIPTION
FOR: L. MCDONALD
PARCEL 2
A PART OF SECTION 5 AND GOVERNMENT LOT 2, SECTION 8, TOWNSHIP 2
SOUTH, RANGE 29 EAST, DUVAL COUNTY, FLORIDA AND BEING MORE
PARTICULARLY 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 NORTH 01 ° 42' 10" WEST ALONG THE EASTERLY
RIGHT-OF-WAY LINE OF MAYPORT ROAD (STATE ROAD A-1-A, A 100-FOOT
RIGHT-OF-WAY) , A DISTANCE OF 1367.31 FEET TO THE POINT OF
CURVATURE OF A CURVE CONCAVE TO THE EAST AND HAVING A RADIUS OF
5679.58 FEET; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE AND
SAID RIGHT-OF-WAY LINE, A DISTANCE OF 216.27 FEET, MAKING A
CENTRAL ANGLE OF 2 ° 10' 54" , HAVING A CHORD BEARING OF NORTH
00° 36'43" WEST AND A CHORD DISTANCE OF 216.26 FEET; THENCE
CONTINUE NORTHERLY ALONG THE ARC OF SAID CURVE AND SAID RIGHT-OF-
WAY LINE, A DISTANCE OF 730 FEET MORE OR LESS TO THE NORTHERLY
LINE OF SAID SECTION 5 ; THENCE SOUTH 83 ° EAST ALONG SAID
NORTHERLY LINE OF SECTION 5 ; A DISTANCE OF 300.40 FEET TO AN
INTERSECTION WITH A LINE 300 FEET EASTERLY OF AND PARALLEL WITH
AFORESAID EASTERLY RIGHT-OF-WAY LINE OF MAYPORT ROAD AND THE
POINT OF BEGINNING; THENCE CONTINUE SOUTH 83 ° EAST ALONG SAID
NORTHERLY LINE OF SECTION 5, A DISTANCE OF 1000 FEET MORE OR LESS
TO AN INTERSECTION WITH A NORTHERLY PROJECTION OF THE EAST LINE
OF SAID GOVERNMENT LOT 2 ; THENCE SOUTH 0° 59' 10" EAST ALONG SAID
EAST LINE OF GOVERNMENT LOT 2, A DISTANCE OF 580 FEET MORE OR
LESS; THENCE SOUTH 88°17'50" WEST A DISTANCE OF 1040 FEET MORE OR
LESS TO AN INTERSECTION WITH A LINE 300 FEET EASTERLY OF AND
PARALLEL WITH AFORESAID EASTERLY RIGHT-OF-WAY LINE OF MAYPORT
ROAD; THENCE NORTHERLY ALONG SAID LINE, A DISTANCE OF 700 FEET
MORE OR LESS TO THE POINT OF BEGINNING.
7- '(9
LEGAL DESCRIPTION
FOR: L. MCDONALD
REZONING
PARCEL 3
A PART OF SECTION 8, TOWNSEHIP 2 . SQUTH, RANGE 29 EAST, DUVAL
COUNTY, FLORIDA AND BEING MORE PARTICULARLY 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 NORTH O1°42'10"
WEST• ALONG THE EASTERLY RIGHT-OF-WAY LINE OF . MAYPORT ROAD (STATE
ROAD A-1-A, A 100-FOOT RIGHT-OF-WAY), A DISTANCE OF 50.00 FEET TO
THE POINT OF BEGINNING; THENCE CONTINUE NORTH 01 °42'10" WEST
ALONG SAID RIGHT-OF-WAY LINE, A DISTANCE OF 783.55 FEET; THENCE
NORTH 88° 17 '30" EAST, A DISTANCE OF 500 FEET MORE OR LESS TO THE
WESTERLY BANK OF A CREEK; THENCE SOUTHEASTERLY ALONG THE BANK OF
SAID CREEK A DISTANCE OF 520 FEET MORE OR LESS TO THE NORTH LINE
OF THE LANDS DESCRIBED IN OFFICIAL RECORDS VOLUME 4163 PAGE 1112
OF THE CURRENT PUBLIC RECORDS OF SAID COUNTY; THENCE SOUTH
88°36'45" WEST ALONG SAID NORTH LINE A DISTANCE OF 34.E FEET MORE
OR LESS TO THE NORTHWEST CORNER OF SAID OFFICIAL RECORDS VOLUME
4163 PAGE 1112; THENCE SOUTH 01°23'15" WEST A DISTANCE OF 250.000
FEET ALONG THE WEST LINE OF SAID LANDS; THENCE SOUTH 88° 36'45"
WEST ALONG THE NORTH LINE OF THE LANDS DESCRIBED IN OFFICIAL
RECORDS VOLUME 4163 PAGE 1108, A DISTANCE OF 300.00 FEET TO THE
POINT OF BEGINNING.
avt7;
LEGAL DESCRIPTION
FOR: L. MCDONALD
REZONING
PARCEL 4
A PART OF SECTION 8, TOWNSHIP 2 SOUTH, RANGE 29 EAST, DUVAL
COUNTY, FLORIDA AND BEING MORE PARTICULARLY 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 NORTH O1°42'10"
WEST ALONG THE EASTERLY RIGHT-OF-WAY LINE OF MAYPORT ROAD (STATE
ROAD A-1-A, A 100-FOOT RIGHT-OF-WAY, A DISTANCE OF 783.55 FEET;
THENCE NORTH 88° 17'50" EAST A DISTANCE OF 500.00 FEET TO THE
WESTERLY BANK OF A CREEK AND THE POINT OF BEGINNING; THENCE
CONTINUE NORTH 88° 17'50" EAST A DISTANCE OF 813.37 FEET; THENCE
SOUTH 0° 59' 10" EAST A DISTANCE OF 380 FEET MORE OR LESS TO NORTH
LINE OF PHASE 2 & 3 OF SEVILLA CONDOMINIUM; THENCE WEST ALONG
SAID NORTH LINE, A DISTANCE OF 55 FEET; THENCE SOUTH 51 °45' 15"
WEST A DISTANCE OF 250 FEET MORE OR LESS TO THE CENTERLINE OF A
CREEK AND THE EASTERLY LINE OF THE LANDS DESCRIBED IN OFFICIAL
RECORDS VOLUME 4163 PAGE 1112; THENCE NORTH 16°43'20" WEST ALONG
SAID CENTERLINE AND SAID EASTERLY LINE A DISTANCE OF 280.60 FEET
TO THE NORTH LINE OF SAID LANDS; THENCE SOUTH 88° 36'45" WEST
ALONG SAID NORTH LINE A DISTANCE OF 30 FEET MORE OR LESS TO THE
WESTERLY BANK OF SAID CREEK; THENCE NORTHWESTERLY ALONG SAID
WESTERLY BANK, A DISTANCE OF 500 FEET TO THE POINT OF BEGINNING.
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