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AGENDA ITEM #7C
JANUARY 14, 2002
CITY OF ATLANTIC BEACH
CITY COMMISSION STAFF REPORT
AGENDA ITEM: Rezoning of WQOP (Queen of Peace radio station) property
SUBMITTED BY: Sonya Doerr, AICP, Community Development Director
DATE: January 02, 2002
BACKGROUND: This rezoning to Special Purpose District (SP) will bring the existing
radio station use into compliance with the amended zoning regulations. The property is zoned
Open Rural (OR) with aUse-by-Exception, which permits the current use. The Open Rural
District and Use-by-Exceptions within this district have been. eliminated from the amended
zoning regulations. The Community Development Board recommended approval of the
rezoning at their December 18, 2001 meeting requesting thaT the following additional
conditions be placed on the property.
• There shall be no onsite wetland impacts:
• Any additional construction 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.
• There shall be no signs, and any existing signs shall be removed.
Since this item was considered by the Community Development Board, the Applicant has
advised staff that .FCC regulations. require certain signs and notices to be placed upon
communication towers. The Applicant also wishes to place a sign on the property identifying
the radio station. Staff has no objection to this request, provided that any signage is limited to
that needed to identify the radio station and that any such signage remain non-illuminated. A
limitation of twelve (12) square feet in addition to that required by FCC regulations is proposed
within the attached ordinance.
The rezoning to Special Purpose specifically limits the use of this property to the existing radio
station use. Any future change in use would require approval by the City Commission, and in
the case that the existing use is ceased for more than twelvemonths, the establishment of any
future use would also require approval of the City Commission and consistency with the
Comprehensive Plan.
RECOMMENDATION: Motion to approve Ordinance Number 90-02-171 (File Number
REZ-2001-02), a rezoning to Special Purpose District (SP) for lands as described within
attached Exhibit A, adopting the proposed ordinance and suggested findings.
ATTACHMENTS: Proposed ordinance and supporting terials.
REVIEWED BY CITY MANAGER=-
AGENDA ITEM #7C
JANUARY 14, 2002
ORDINANCE NUMBER: 90-02-171
AN ORDINANCE OF THE CITY OF ATLANTIC
BEACH, COUNTY OF DUVAL, STATE OF
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 RECORDATION; 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 2041-O1) for
a zoning change dated October 09, 2001, as described hereinafter, and
WHEREAS, the City Commission for the City of Atlantic Beach, Florida hereby finds
that the public health, safety and welfare of citizens are protected and. enhanced by the enactment
of this Ordinance, and
WHEREAS, the zoning change enacted by this .Ordinance shall provide for orderly
growth; encourage the most appropriate use of Land; protect and conserve the value of property;
prevent the overcrowding of Land; promote, protect. and improve the health, safety, comfort,
good order, appearance, convenience, and general welfare of the public and serve to accomplish.
and implement the goals and objectives ofthe Comprehensive Plan, and
WHEREAS, .after required notice was published, a public hearing was held on the 14th
day of January, 2002 at 7:15 pm. to consider said Ordinance.
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-0rdinance, 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) inconsistent with the Comprehensive Plan.
Ordinance 90-02-1'71 Page 1 of 3
AGENDA ITEM #7C
JANUARYI4, 2002
c. The rezoning to Special Purpose District (SP) is consistent with the zoning and land
development regulations for the City of Atlantic Beach.
d. The zoning district designation of Special Purpose District (SP) and the specific
permitted use established by this. Ordinance aze consistent and compatible with
surrounding development.
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 aze incidental and necessazy
to conduct this specifically permitted Use.
c. Site Requirements and Building Restrictions...
i. Minimum Yazd Requirements: Front -Eight (8) feet.
i. Side and Rear- Zero (0) feet.
ii. Building Restrictions. The maximum height for buildings and structures shall be
thirty-five (35) 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).
iii. There shall be no onsite wetland impacts.
iv. Any additional construction shall require site plan approval by the Community
Development Boazd prior to the issuance of any future Development Permits.
v. 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 twelve (12) squaze feet. All signage
shall remain non-illuminated.
d. hz 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
Ordinance 90-02-171 Page 2 of 3
AGENDA ITEM #7C
JANUARY 14, 2002
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 Atiantic
Beach this 14th day of January,2002.
Passed on final reading and public hearing this _th of , 2002.
JOHN S. MESERVE
Mayor/Presiding Officer
Approved as to form and correctness:
ALAN C..TENSEN, ESQUIRE
City Attorney
Attest:
MAUREEN HING
City Clerk
Ordinance 90-02-171 Page 3 of 3;
AGENDA ITEM #7C
JANUARY 14, 2002
.Exhibit A
A portion of unsurveyed Section 19, Township 2 South, Range 29 East, Public Records
of Duval County, Florida, more particularly described as follows:
For a point of reference commence at the intersection of the center line of Atlantic
Boulevazd with the easterly right of way line of the Intracoastal Waterway, and thence
run north 74 degrees 11 minutes east along said center line of Atlantic Boulevazd a
distance of 511.21 feet to an angle point of said center line; thence run north 89 degrees
00 minutes 50 seconds east along said center line a distance of 1744 feet; thence run
north 00 degrees 59 minutes 10 seconds west a distance of 50 feet to the northerly right
of way line of said Atlantic Boulevard .for a point of beginning of the lands to be
conveyed by this description; thence continue north 00 degrees 59 minutes 10 seconds
west a distance of 430.98 feet to the north line of aforementioned section 19; thence run
north 88 degrees 24 minutes east, along the north line of section I9 a distance of 300.02
feet; thence run south 00 degrees 59 minutes 10 seconds east a distance of 434.19 feet to
the northerly right of way line of Atlantic Boulevard; and thence run south 89 degrees 00
minutes 50 seconds west along said right of way Line a distance of 300 feet to the point of
beginning.
Less and excepting from the above described lands any portion described in Official
Records Book 8045, Page 48 of the current Public Records of Duval County, Florida.
Less and excepting Parcel 129 as described below:
A portion of unsurveyed section 19, Township 2 South, Range 29 East, Duval County,.
Florida lying north of Atlantic Boulevazd (state road no. 10) and a portion of the
Bartolome de Castro Y. Ferrer Grant, Section 38, Township 2 South, Range 29 east,
Duval County, Florida and being more particularly described as follows: also being a
portion of the lands described in Official Records, Volume 7386, Page. 1717 of the
current Public Records of said Duval County.
For a point of reference commence at the intersection of the west line of the Bartolome
de Castro y. Ferrer Grant, Section 38, Township 2 south, Range 29 east, Duval County,
Florida with the northerly right-of--way line of Atlantic Boulevard (state road no. 10) (a
right-of--way of varying width); thence south 89n30'37" west, along said northerly right-
of-way line, a distance of 431.346 meters (1415.17 feet) to the southeast comer of lands
described in Official Records Volume 7386, page 1717 of the current Public Records of
said Duval County for a point of beginning; thence continue south 89n30'37" west, along
said northerly right-of--way line, a distance of 44.059 meters (144.55 feet) to an angle
point in said northerly right-of--way line as depicted on the Florida Department of
Transportation right-of--way map section 72100-2558, State Road No. 10, Sheet 5 of 6,
dated May 5, 1993 on file of record in the District Two Office in Lake City, FIorida;
thence north 84n16'14" west, along said northerly right-of--way line, a distance of 47.662,
meters (156.37 feet) to a point on the westerly line of aforesaid lands described in
Official Records Volume 7386, Page 1717; thence north OOn29'23" west, departing said
northerly right-of--way line and along said westerly line, a distance of 42.081 meters
AGENDA ITEM #7C
JANUARY 14, 2002
(138.06 feet); thence north 89n30'37" east, a distance of 16.901 meters (55.45 feet);
thence south OOn29'23" east, a distance of 36.527 meters (119.84 feet); thence south
SOn14'03" east, a distance of 4.792. meters (15.72 feet); thence north $9n30'37".east, a
distance of 45.111 meters (148.00 feet); thence north OOn29'23" west, a distance of
18.288 meters (60.00 feet ); thence north 89n30'37" east, a distance of 15.188 meters
(49.83 feet); thence south 27n56'34" east, a distance of 5.104 meters (16.75 feet); thence
south OOn29'23" east, a distance of 4.919 meters (16.14 feet); thence north 89n30'37"
east; a distance of 4.267 meters (14.00 feet); thence north OOn29'23" west, a distance of
9.449 meters (31.00 feet); thence north 89n30'37" east, a distance of 3.962 meters (13.00.
feet) to a point on the easterly line of aforesaid lands described in official records volume
7386, page 1717; thence south OOn29'23" east, along said easterly line, a distance of
25.908 meters (85.00 feet) to the point of beginning. Containing 1675.4763 square
meters, (18034 square feet), more or less.
AGENDA ITEM #7C
JANUARY 14, 2002
COMMUNITY DEVELOPMENT STAFF REPORT
December 18, 2001 Public Hearing
Rezoning, REZ-2001-O1
To: Community Development Board
From: Planning, Zoning and Community Development Department
City of Atlantic Beach
Date: December 07, 2001.
This item is continued from the October 17, 2001 regular meeting.
..Subject: REZ-2001-O1
Applicant: First Coast Catholic Communications, Inc.
391 14`h Avenue South
Jacksonville Beach, Florida 32250-4909
Requested Change: Rezoning from OR (Open Rural) to SP (Special Purpose District) to
bring zoning into compliance with the existing radio station use and
adopted amendments to the Zoning Regulations.
Location:. North of Atlantic Boulevazd and east of Intracoastal Waterway
Existing Zoning: OR (Open Rural)
Future Land Use: CON (Wetlands/Conservation)
Surrounding Zoning: CG and RG-lA
Surrounding Land Use: Intracoastal Waterway with associated wetland areas and major
transportation facilities.
AGENDA ITEM #7C
JANUARY 14, 2002
STAFF COMMENTS AND RECOMMENDATION
This rezoning request was submitted at the direction of staff to bring the existing radio station and
broadcast facility operated by WQOP (Queen of Peace) radio station into conformity with changes
to the zoning regulations that were adopted on November 26, 2001. This use has existed on the site
for over twenty yeazs, and the property is zoned Open Rural (OR). The adopted amendments to the
zoning regulations have to eliminated the Open Rural zoning category.
The radio station was permitted as an approved Use-by-Exception within the OR zoning district.
With adoption of the proposed amendments to Chapter 24, the radio station would continue to be a
legally permitted use, however, the zoning status of the property would be inconsistent with the
City's zoning and land development regulations. The existing use is not in conflict with the
Comprehensive Plan or the Future Land Use designation of Conservation, and as such, the zoning
designation should be changed to "fit" the use of the property.
Because this use, the location of the property, and the history of the property are unique, Staff has
recommended that the radio station property be rezoned to Special Purpose District. Particular
standards applicable to this site are set forth within the Special Purpose (SP) rezoning ordinance,
which is provided with this report.
SUGGESTED ACTION TO RECOMMEND APPROVAL
The Community Development Board may consider a motion to recommend approval to the
City Commission of the RE~2001-O1, a rezoning to Special Purpose (SP) for lands as
described within attached Exhibit A, and as set forth within the application and supporting
documents, and adopting the terms and conditions asset forth within the proposed ordinance,
provided:
(Provide fzndings of fact. similar to the following, and attach other conditions as may be
appropriate.)
1. The request for rezoning has been fully considered after public hearing with legal notice duly
published as required by law.
2. The rezoning to Special Purpose (SP) is consistent with the Comprehensive Plan. and the
Future Land Use Designation of Conservation in that the use does not create adverse
environmental impacts.
3. The rezoning to Special Purpose (SP) is consistent with the land development regulations for
the City ofAtlantic Beach.,
4. The zoning district designation of Special Purpose (SP), and the specific use and special
conditions asset forth herein aze consistent and compatible with surrounding development.
2
AGENDA ITEM #7C
JANUARY I4, 2002
SUGGESTED ACTION. TO RECOMtii IEND DENIAL
The Community Development Board may consider a motion to recommend denial to the City
Commission of the RELr2001-O1, a rezoning to Special Purpose (SP) for lands as described
within attached Exhibit A, provided:
(Provide findings of fact similar to the following, and attach other conditions as may be
appropriate.)
1. The request for rezoning has not been considered after public hearing with legal notice duly
published as required by law because
2. The rezoning to Special Purpose (SP) is not consistent with the Comprehensive Plan and the
Future Land Use Designation of Conservation because
3. The rezoning to Special Purpose (SP) is not consistent with the land development regulations
for the City ofAtlantic Beach because
4. The zoning district designation of Special Purpose (SP), and the specific use and special
conditions as set forth herein aze not consistent and compatible with surrounding
development because
F:\USERS\Planning\RF20MNG FII.ES\REZ•2001-0I CDB StaffReportDoc
3
AGENDA ITEM #7C
JANUARY 14, 2002
APPLICATION FOR AMENDMENT
TO ZONING DISTRICT CLASSIFICATION
City of Atlantic Beach 800 Seminole Road • Atlantic Beach, Florida 32233-5445
Phone: (904) 247-5800 FAX (904) 247-5805 h_ttp://www/ci.atiantic-heach.fl.us
Date October 9.2001 File No. ~EZ'ZDOI'O ~ Receipt
1. Applicant's Name New Covenant Educational Ministries. Inc. ~~.th-t,~" ~oa~- ~Q'{~rQc, ~mr..o„,ccwlwu..~,~
2. Applicant's Address 391 14'" Avenue, South• .iacksonville Beach. Florida 32250-4909
3. Property Location North of Atlantic Boulevard and East of the Intercoastal Waterway
4. Property Appraiser's Real Estate Number 172389.0000
5. Current Zoning Classification OR 6. Comprehensive PLuI Future Land Use designation
7. Requested Action Rezone subiect property to Special Purpose District as described in Exhibit "A"
8. Size of Parce12.5t 9. Utility Provider Septic Tank/Well
10. Statement of facts and special reasons for requested rezoning, which demonstrates compliance with Section 24fi2 of .
the City of Atlantic Beach Code of Ordinances, Zoning and Subdivision Regulations. (Attach as Exhibit A.)
11. Provide all of the following information:
a. List of adjacent property owners within 300 feet of the property including name, mailing address and Property
Appraiser's Real Estate number from most recently certified tax rolls. Address two (2) legal size envelopes to each
property owner on the list. Do not include a return address. Each envelope must contain proper postage. The order
of the envelopes must match the order in which the names anoeaz on the list.
b. Proof of ownership (deed or certificate by lawyer or abstract company or title company that. verifies record
owner as above). If the applicant is not the owner, a letter of authorization from the owner(s) for applicant to
represent the owner For all purposes related to this application must be provided.
c. Survey and legal description of property sought to be rezoned. (Attach as Exhibit B.)
d. Required number, of copies: five (5).
e. Application Fee.
I HEREBY CERTIFY THAT ALL INFORMATION PROVIDED WITH THIS APPLICATION IS CORRECT:
Signature of owner(s) or authorized person if owner's authorization form is attached:
Printed or typed name{s):
Signature(s):
ADDRESS AND CONTACT INFORMATION OF PERSON TO RECEIVE ALL CORRESPONDENCE REGARDING THIS
APPLICATION Name: Steven Diebenow
Mailing Address: 1301 Riverolace Blvd.. Suite 1500. Tacksonville. FL 32207
Phone: 904-346-5550 FAX:904-396-0663 E-mail: Sdiebenow@rtlaw.com
# 4833443v1
AGENDA ITEM #7C
JANUARY 14, 2002
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Resaainder 2.539 Acres (110,396 Sq. Ft.)
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AGENDA ITEM #7C
JANUARY 14, 2002
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AGENDA ITEM #7C
JANUARY 14, 2002
September 25, 2001
Jacksonville City Councii -
Jacksonville Planning acid Lkveiopmerrt IZ<partment
Jacksonville, Florida 32202
Ra: 2o¢I¢g Eueptlo¢ Age¢t Autborizatb¢
Ladies and (xntlenun:
You ate hertby advised that the undersigned, hereby authorized and empowezs Rogers.
Towers, Bailey, Jones & Gay. P.A., to aeek a zoning exception far the property described on the
attached application, and in connection to file such applications, papers, documents, requests and
other matters accessary to secure a zoning exception on our behalf..
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