501-535 Atlantic Boulevard ZVL 06.26.2006 l' Jif J' CITY OF ATLANTIC BEACH
J„� BUILDING AND PLANNING
1; 800 800 SEMINOLE ROAD
AATLANTIC BEACH,FLORIDA 32233-5445
TELEPHONE:(904)247-5800
J s - FAX:(904)247-5845
http://ci.atlantic-beach.fl.us
June 26, 2006 t
COPY
Dale Topolski
Real Estate Paralegal
Buschman,Ahern, Persons&Bankston
2215 South Third Street, Suite 101
Jacksonville Beach, Florida 32250
Re: Zoning Verification for Real Estate Parcels 170678-0000; 170684-0000; 170683-0000
Dear Mr. Topolski:
The above referenced parcels, identified by Property Appraiser's Real Estate Parcel numbers, and
located within the City of Atlantic Beach are zoned Commercial General (CG) with a land use
designation of Commercial (CM as designated by the) 2015 Comprehensive Plan. I have enclosed
the respective provisions for these designations. Please feel free to call me at 247-5826 with any
further questions.
Sincerely,
C:7%-7,"'"?
Sonya Doerr,AICP
Community Development Director
Enclosures
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BUSCHMAN, AHERN, PERSONS & BANKSTON
A PARTNERSHIP OF PROFESSIONAL ASSOCIATIONS
ATTORNEYS AT LAW
2215 SOUTH THIRD STREET,SUITE 101
JACKSONVILLE BEACH,FLORIDA 32250
TELEPHONE(904)246-9994
FAX(904)246-6680
BUSCHMAN&AHERN,P.A.
ALBERT E.BUSCHMAN,JR.
FRED L.AHERN,JR.(fahern@bapblaw.com)
ROBERT B.PERSONS,JR. P.A.
JEFFREY R.BANKSTON,P.A.
June 26, 2006
VIA EMAIL: SDOERR@COAB.US
Ms. Sonja Doerr
City of Atlantic Beach
Zoning Department
Re: FILE NO.: 06-0337
OWNERS: John L. Green and William E. Nicol
PROPERTY: 501-535 - Atlantic Boulevard, Atlantic Beach, Florida 32233
LEGAL: Lot 788-799 and 803-809, SECTION NO. 1, SALTAIR, Book 10,
Page 8, Duval County, Florida
PARCEL#5: 170678-0000; 170684-0000; 170683-0000
Dear Sonja:
In connection with the above-referenced information, please forward to my attention a
zoning designation letter.
Thank you for your assistance in this matter and should you have any questions or require
additional information, please feel free to contact me.
Yours truly,
Buschman, Ahern, Persons & Bankston
vale,rope
Dale Topolski,
Real Estate Paralegal
/dht
Sec. 24-111. Commercial General Districts. (CG)
(a) Intent. The CG Zoning Districts are intended to provide general retail sales and services for
the City of Atlantic Beach and the closely surrounding neighborhoods and communities.
New development within these Districts should have direct access to Arterial or Collector
Streets and sites should be well suited for development of community shopping centers.
(b) Permitted Uses. The typical Uses permitted within the CG Zoning Districts shall not include
manufacturing, warehousing, storage or high intensity commercial activities, or commercial
uses of a regional nature, or such Uses that have the potential for negative impact to
surrounding neighborhoods and properties due to excessive traffic, noise, light or extremely
late hours of operation or other factors that may adversely effect existing commercial uses or
any nearby residential uses. The Uses permitted in the CG Zoning Districts shall include the
following.
(1) Retail outlets for the sale of food and drugs, wearing apparel, toys, books and stationery,
luggage, jewelry, art, florist including silks, cameras, photographic supplies, sporting
goods, hobby shops and pet shops (not animal kennel or veterinarian), bakery (but not
wholesale bakery), home furnishings and appliances, office equipment and furniture,
hardware, lumber and Building materials, auto, boat and marine related parts, and similar
Uses.
(2) Service establishments such as barber or beauty shop, shoe repair, restaurants without
drive-through facilities, gymnasium, laundry or dry cleaner, funeral home,job printing,
radio and television repairs, lawn care service, pest control companies, surf board repair
in association with surf shops, but not the production of surfboards, and similar service
Uses.
(3) Banks with drive-through facilities, loan companies, mortgage brokers, stockbrokers, and
similar fmancial institutions.
(4) Child Care Centers in accordance with Section 24-152.
(5) Business and Professional Offices.
(6) Retail plant nursery, landscape and garden supplies.
(7) Retail sale of beer and wine for off-premise consumption.
(8) Automobile Service Station with Minor Automotive Repair and with car wash.
(9)Theaters,but not a regional Cineplex.
(10)Government Uses,Buildings and facilities.
(11)Churches in accordance with Section 24-153.
(12) A single Dwelling Unit, where such Dwelling is an Accessory Use to the Principal Use
and located within the same Building as the Principal Use. Such Dwelling Unit is
intended to be occupied by the Owner or an employee of the Principal Use.
(13) Those Uses listed as Permitted Uses and Uses-by-Exception in the Commercial Limited
and Commercial,Professional and Office Zoning Districts.
(c)Uses-by-Exception. Within the CG Zoning Districts,the following Uses may be approved as
a Use-by-Exception.
(1) Pet kennel and facilities for the boarding of animals.
(2) Veterinary clinic.
(3) On-premise consumption of alcoholic beverages,beer and wine.
(4) Restaurants with drive-through service where the site contains lanes dedicated solely to
drive-through business. (This shall not be construed to include restaurants with carry-out
service,which are a Permitted Use.)
(5) Limited wholesale operations, not involving industrial products or processes or the
manufacturing of products of any kind.
(6) Contractors, not requiring outside storage, provided that no manufacture, construction,
heavy assembly involving hoists or lifts, or equipment that makes excessive noise or
fumes shall be permitted. Not more than one contractor related vehicle shall be parked
outdoors on a continuous basis.
(7) Produce and fresh markets with outdoor sale and display of garden produce only.
(8) Hotel,Motel,Motor Lodge,Resort Rental or Tourist Court.
(9) Cabinet shops,woodworking shops and surfboard production.
(10) Hospital,nursing home, assisted care and similar institutional facilities.
(11) Sale of new and used automobiles, motorcycles and boats, and Automotive leasing
establishments, but not temporary car, truck, boat or motorcycle shows or displays
amusement centers and video game arcades and any type of token or coin-operated video
or arcade games, movie theaters, billiard and pool halls.
(12)Heavy Automotive Repair,not including semi tractor-trailer repair.
(13) Businesses offering Live Entertainment, not including adult entertainment establishments
as defined by Chapter 847.001 (2), Florida Statutes, and also not including amusement
centers and video game arcades and any type of token or coin-operated video or arcade
games, and billiard and pool halls.
(d) Minimum Lot Size. The minimum size for Lots within the Commercial General Zoning
Districts shall be as follows.
(1) Lot or site area: 5000 square feet.
(2) Lot width: Fifty(50)feet.
(3) Lot depth: One Hundred(100)feet.
(e) Minimum Yard Requirements. The minimum Yard requirements within the Commercial
General Zoning Districts shall be as follows:
(1) Front Yard: Twenty(20)feet
(2) Rear Yard: Twenty(20)feet.
(3) Side Yard:Ten(10)feet.
(f) Building Restrictions. The Building restrictions in the Commercial General Zoning Districts
shall be as follows:
(1) Maximum Impervious Surface: Seventy (70) percent. The Maximum Impervious
Surface shall not apply to infill Development or redevelopment of previously developed
sites; however, required landscaping shall be provided in accordance with Division 8 of
this Chapter. Stormwater management requirements shall apply to infill Development
and to redevelopment projects involving exterior site changes.
(2) Maximum Building height: Thirty-five(35)feet.
2015 COMPREHENSIVE PLAN
applicable Federal, State and local policies and permitting
requirements.
(b) Commercial — The Commercial land use category is intended to
provide appropriate locations for neighborhood and community
businesses providing services and retail sales for the City and the
closely surrounding communities. Government, cultural and
institutional uses, may also be located within this category. Permitted
uses within the Commercial category, along with uses that may be
allowed by special exception, shall be limited to the following as further
controlled by the Land Development Regulations and when located
within the respective Zoning District classifications, which are intended
to provide a decreasing level of use intensity due to proximity to
residential uses.
• General Commercial. These areas shall include those businesses
that provide retail goods and services, which serve the routine and
daily needs of residents, including banks and professional services,
grocery and convenience stores, restaurants, accredited public and
private schools and child care, but not including manufacturing,
warehousing, storage or high intensity commercial activities of a
regional nature, or uses that have the potential for negative impact
to surrounding properties due to excessive noise, light or extremely
late hours of operation. Residential uses, not exceeding the
Medium Density category shall also be permitted, when in
conjunction with, or adjacent to commercial development and
redevelopment, provided that such residential development shall
not be permitted within the Coastal High Hazard Area.
• Limited Commercial. These areas shall include low intensity
office, service and retail businesses that are compatible when
located in close proximity to neighborhoods. These uses are
intended primarily to serve the needs of the surrounding
neighborhood. Large-scale discount super-centers or "Big-Box"
retailers or similar intense commercial uses intended to serve a
regional market are not permitted within the Limited Commercial
category.
• Professional and Office. These areas shall be limited to small
neighborhood scale businesses and professional offices that are
compatible with, and have no measurable or noticeable adverse
impacts, upon surrounding residential uses. Such uses include
offices for doctors and dentists (but not clinics or hospitals),
accountants, architects, attorneys, engineers, land surveyors, real
estate brokers, financial planners, insurance and real estate agents
and the like.
EAR Based Amendment A-13 Future Land Use Element -GOPS
Adopted September 13, 2004 Ordinance Number 31-04-04