Ordinance No. 90-02-171 withdrawn vORDINANCE NUMBER: 90-02-171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); MAHING 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:
a. The request for rezoning has been fully considered after public hearing with legal notice
duly published as required by law.
b. The rezoning to Special Purpose District (SP) is consistent.. with the Comprehensive Plan.
c. 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:
Ordinance 90-02-171 Page 1 of 3
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-O1-172, 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.
i. Minimum Yard Requirements: .Front -Eight. (8) feet.
ii. Side and Rear -Zero (0) feet.
iii. 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 hei hg t 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 sin lg e-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
Ordinance 90-02-171 Page 2 of 3
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 benon-illuminated.
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 hearin by the City Commission of .the City of Atlantic
Beach this 10th- day of June, 2002. ~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:
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MAUREEN KING
City Clerk
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