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MEMORANDUM
TO: Mary Greenhill f/
Foleyand Lardner LLP
LEOUPT
FROM: Sonya B. Doerr, AICP ,AZ,
Community Development Director
DATE: April 15, 2004
RE: 375 Atlantic Boulevard (RE Parcels 169375-0000 and 169725-0000)
COMMENTS: Ms. Greenhill, the enclosed information is provided per your request. The
Zoning District classification of the subject property is Central Business District. The Future
Land Use designation is currently General Commercial; however,this designation will change
to Central Business District upon adoption of the City's EAR-based Comprehensive Plan
amendments. These amendments are pending adoption following transmittal to DCA last
month. (We anticipate adoption in June.) I have included a copy of the applicable pages of the
Future Land Use element from the transmittal draft related to the Central Business District.
(The City's original Comprehensive Plan for the City did not identify specific uses permitted
within the General Commercial designation.)
You may contact me at 247-5826 should you require additional information.
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EXPIRES ktai
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Fi L EY FOLEY&LARDNER LLP
ATTORNEYS AT LAW
THE GREENLEAF BUILDING
200 LAURA STREET
JACKSONVILLE,FLORIDA 32202-3510
P.O.BOX 240
April 12, 2004 JACKSONVILLE,FLORIDA 32201-0240
904.359 2000 TEL
904.359.8700 FAX
www.foley.com
WRITER'S DIRECT LINE
904.359.8759
mgreenhili@foley.com EMAIL
CLIENT/MATTER NUMBER
035577-0102
Sonya Doerr
Community Development Director
City of Atlantic Beach
Planning & Development Department
800 Seminole Road
Atlantic Beach, FL 32233
Re: Zoning and Land Use Certification for Land Located at 375
Atlantic Boulevard, Atlantic Beach, FL 32233, RE #169735-
0000 and#169725-0000
Dear Ms. Doerr:
A legal description for the above-referenced properties are enclosed. Please indicate
the current zoning classification and land use designation for the property in the space provided.
•
Zoning Classification: �7L1 4 ..0-4.4.7"...a- ( 3 )
Land Use Designation: Zo Nirn,c.,2e/u-0,' -e r7 e eq.-e(�Pr7<,(rn
G a ) .G ' Ce nt24./
In addition, please attach a certified copy of the current zoning and land use
regulations for that classification. Your certification by execution and sealing in the space provided
below is for the benefit of Midland Acquisitions, LLC, its successors and/or assigns, and Foley &
Lardner LLP, and is greatly appreciated.
Please contact the undersigned to have the same picked up by our office. If you
should have any questions regarding this request, please call me at 359-8759. Thank you in advance
for your assistance.
BRUSSELS DETROIT MILWAUKEE SAN DIEGO/DEL MAR TAMPA
CHICAGO JACKSONVILLE ORLANDO SAN FRANCISCO TOKYO 004.424710.2
DENVER LOS ANGELES SACRAMENTO SILICON VALLEY WASHINGTON,D C.
MADISON SAN DIEGO TALLAHASSEE WEST PALM BEACH
: FOLEY
Sonya Doerr
April 12, 2004
Page 2
Sincerely,
'Ty)cti\)---- gsz-,—P—.2'__O
Mary F. Greenhill
Paralegal
Enclosures
cc: Richard W. Hawthorne, Esq.
William I. Gulliford, III
004.424710.2
Map Output Page 1 of 2
JAXGIS Property Information
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http://maps.coj.net/WEBSITE/DuvalMAps/toolbar.asp 4/15/2004
Map Output Page 2 of 2
RE# Name Address Total Acres Plat Map Legal Descriptions Flood LandUse Zoning ENT
Value Book Panel Zone
J&J INC 375 5-69 21-2S-29E ATLANTIC BEACH Not in
169735 0000 ATLANTIC BV 360583 0.36 0001 562 1 PT LOTS 19,20,21 RECD 0/R 4910-710 Flood
32233 Zone
J&J INC 384 21-2S-29E Not in
169725 0000 ATLANTIC BV2942080.44 0001 562 1 UNNUMBERED TRACT LYING W OF BLK 1 &Flood
32233 E OF OLD SHERRY DR Zone
http://maps.coj.net/WEBSITE/DuvalMAps/toolbar.asp 4/15/2004
2015 COMPREHENSIVE PLAN
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.
• 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.
• 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.
• Central Business District. This area contains a well-established
pattern and character of development, and permitted uses include
retail, office, restaurant, and certain entertainment uses, which
contribute to the commercial, civic and cultural vitality of the City as
illustrated within the Atlantic Beach Town Center area. The Central
Business District is an economic, cultural, historic and architectural
anchor of the City. In order to sustain these qualities, new
development and redevelopment within the Central Business
District shall be reflective of the architectural styles and fabric of the
Transmittal Draft—February 2004 A-11 Future Land Use Element-GOPS
EAR Based Amendment
EXHIBIT A-ORDINANCE NUMBER: 90-03-184
(3) Outside seating areas shall be defined by an enclosure of at least three (3) feet in height measured
from the ground or sidewalk level. Enclosures shall be designed in compliance with ADA
Accessibility Guidelines and shall provide safe pedestrian access to the public Right-of-way and
designated parking spaces. Such enclosure may consist of screens, planters, fencing or other
similar materials.
(4) No heating or cooking of food or open flames shall be allowed in outside seating areas.
(5) Seats provided in outside seating areas shall be included in the required parking calculations.
(6) Amplified music shall not be permitted in outside seating areas. Lighting to serve outside seating
areas shall be white in color and shall not spill over to adjacent properties.
(7) The City Commission shall determine and establish by resolution the charges, terms and
termination procedures for Right-of-way leases.
(8) The City Commission may permit non-food service Uses under Right-of-way lease agreements
provided such Uses are permitted under the Use-by-Exception process and further provided such
Uses are special event related and not continuous.
Secs. 24-115. through 24-125. Reserved.
CERTIFICATION
I certify this to be a true and correct copy of
the record in my office.
WITNESSETH my hand and official seal of the
City of Atlantic Beach,Florida,
this the/qday of 4.10 M-.Q-1 200'1:
It # ' City Clerk
Ordinance Number: 90-03-184 Initial Effective Date: January 01,2002
with amendments through December 08, 2003
66
•
2015 COMPREHENSIVE PLAN
that encourage a more aesthetically pleasing and pedestrian friendly
environment shall be encouraged. New development along Mayport
Road shall be in compliance with the Commercial Corridor
Development Standards as set forth within the Land Development
Regulations.
Objective A.1 .10
Appropriate Land Use Patterns
The City shall provide for land use, development and redevelopment in an
efficient manner, which supports the land use designations as set forth within the
2015 Future Land Use Map; which enforces the residential densities and the
limitations upon the type and intensity of uses, and which results in development
appropriate to the sensitive coastal location of the City, particularly with respect
to the predominantly residential character and small-town scale of the City.
Policy A.1.10.1 The lands use categories, as depicted upon the 2015 Future Land Use
Map (Figure 1-2), shall permit the following uses and activities.
(a) Conservation — Conservation lands shall include those lands so
designated on the FLUM. These areas are generally composed of
open land, water, marsh and wetland areas, either publicly or privately
owned, which may have environmentally sensitive qualities. It is
intended that the natural and open character of these areas be
retained and that adverse impacts, which may result from
development, be prohibited or minimized. Permitted uses within the
Conservation category shall be limited to the following and shall be
further controlled by the Land Development Regulations.
m N m • Activities intended for the conservation, re-establishment and re-
nourishment, or protection of natural resources.
o •• Recreation uses and facilities that are primarily passive in nature.
o i= goa • Very low intensity outdoor or water-dependent recreational related
m r _ uses (excluding commercial marinas) that are determined not to be
T or. in conflict with the intent of the Conservation category, subject to
E yj�[71
applicable Federal, State and local policies and permitting
N C C V
in w`I requirements.
W a • Single-family residential at a maximum density of one Dwelling Unit
E m z
3 C per acre consistent with all applicable requirements of the Land
Development Regulations.
(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
Transmittal Draft— February 2004 A-10 Future Land Use Element-GOPS
EAR Based Amendment
2015 COMPREHENSIVE PLAN
area. Consistency and compatibility with the existing built
environment shall be considered in the review and issuance of
Development Permits within the Central Business District.
(c) Light Industrial — The Light Industrial category shall be limited to light
manufacturing and production, storage, warehousing and distribution
uses as further controlled by the Land Development Regulations. Light
industrial uses may have outdoor storage and business related activity,
but such uses shall not include processes that create negative effects
to surrounding properties due to noise, heat, fumes, debris, chemicals
or hazardous materials.
(d) Public and Semi-Public — These areas include uses such as
accredited public and private schools, government uses, buildings,
structures, utilities and public services and infrastructure, including
police, fire and emergency services.
(e) Recreation — These areas include public and private parks, open
space, passive and active recreation areas. All beach areas that are
seaward of private property lines shall be considered as Recreation.
Permitted uses shall include active and passive recreation activities
including bikeways and pedestrian trails, skateboard parks, ball fields,
tennis courts and the like. ,Public safety uses, including lifeguards, fire,
and police services may be located in Recreation areas. The use and
development of Recreation areas shall be further controlled by the
Municipal Code for the City of Atlantic Beach and the Land
Development Regulations.
(f) Residential — Residential uses shall be permitted in those areas so
designated in accordance with the applicable permitted density and as
further controlled by the Land Development Regulations and the
Florida Building Code.
Policy A.1.10.2 In the event of any conflict between any Maps and the text of the Plan,
the text of the Plan shall control.
Policy A.1.10.3 The City's Zoning, Subdivision and Land Development Regulations,
zoning or other maps, and any regulations within the City's Code of
Ordinances related to the use and development of land shall be
subordinate to the Comprehensive Plan and the Future Land Use Map.
Policy A.1.10.4 Where interpretation is required to determine exact boundaries as
depicted upon the Future Land Use Map, boundaries shall be
determined by the nearest property line, the right-of-way line of Streets,
municipal boundaries, section, township and range lines, or
environmental or geographic features which serve as natural
boundaries, as may be appropriate.
Transmittal Draft— February 2004 A-12 Future Land Use Element-GOPS
EAR Based Amendment
•
EXHIBIT A-ORDINANCE NUMBER: 90-03-184
Sec. 24-114. Central Business District. (CBD)
(a) Intent. The Central Business District is intended for low intensity, neighborhood scale commercial
and retail Uses, and Professional Offices, which are suitable within the constraints of the existing
Development patterns of the District and which contribute to the commercial, civic and cultural
vitality of the City of Atlantic Beach Town Center area. The Central Business District contains an
established Development pattern with a predominance of older Structures built prior to the current
requirements for area, setbacks,parking and other site related elements.
(b) Permitted Uses. The Uses permitted in the Central Business District shall be as follows.
(1) Service establishments such as barber or beauty shops, shoe repair, laundromat, (but not dry
cleaners), tailors or dressmakers; low intensity retail sales of items such as wearing apparel,toys,
sundries and notions,books, stationery, luggage,jewelry, or similar Uses.
(2) Pharmacies.
(3) Medical and dental offices,but not clinics or hospitals.
(4) Professional offices such as accountants,architects,attorneys, engineers, and similar Uses.
(5) Business offices such as real estate broker, insurance agents,and similar Uses.
(6) Banks and financial institutions without drive-through facilities.
(7) Restaurants, cafés, coffee shops without drive-up or drive-through service.
(8) Municipal, government Buildings and facilities.
(9) Leased Right-of-way Uses.
(10) A single Dwelling Unit within the same Building occupied by a Permitted Use, intended to be
occupied by the owner or an employee of such Use.
(c) Uses-by-Exception. Within the Central Business District, the following Uses may be approved as a
Use-by-Exception.
(1) Art galleries, libraries,museums, cultural centers.
(2) Residential, where such residential Use is secondary to the permitted commercial Use of the
Building.
(3) Businesses offering Live Entertainment, not including adult entertainment establishments as
defined by Chapter 847.001 (2), Florida Statutes, and also not including outdoor entertainment
such as putt-putt golf and driving ranges, skateboard facilities, firing ranges, amusement centers
and video game arcades and any type of token or coin-operated video or arcade games, movie
theaters,billiard and pool halls.
Ordinance Number:'90-03-184 Initial Effective Date: January 01,2002
with amendments through December 08, 2003
64 M
EXHIBIT A-ORDINANCE NUMBER: 90-03-184
(d) Minimum Lot or Site Requirements. The minimum requirements for Lots and sites in the Central
Business District shall be as follows.
(1) Lot or site area: 5,000 square feet.
(2) Lot width: Fifty(50)feet.
(3) Lot depth: One Hundred(100)feet.
(e) Minimum Yard Requirements. The minimum Yard Requirements for the Central Business District
shall be as follows.
(1) Front Yard: (Twenty) 20 feet. If Buildings existing on adjacent Lots have a lesser front Yard,
front Yard shall be the average of Buildings on adjacent Lots.
(2) Rear Yard: Ten(10)feet
(3) Side Yard: Five(5)feet.
(f) Building Restrictions. The Building Restrictions for the Central Business District 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: Twenty-five(25)feet.
(g) Right-of-way Lease restrictions. Outside seating for restaurants,coffee shops and sidewalk cafes may
be operated by the management of adjacent permitted food service establishments, subject to the
following provisions.
(1) Outside seating within public rights-of-way may be permitted under a renewable annual lease
agreement approved by the City Commission. As a condition of the lease, the owner of such
establishment shall agree in writing to maintain that portion of the Right-of-way where the
outside seating is located. The owner/leasee/leasor of the business establishment and the property
owner shall agree in writing to hold the City of Atlantic Beach harmless for any personal injury
or property damage resulting from the existence or operation of, and the condition and
maintenance of the Right-of-way upon which any outside seating is located, and shall furnish
evidence of general liability insurance in the amount of $1,000,000.00 per person and
$2,000,000.00 per occurrence with the City of Atlantic Beach as additional named insured.
(2) Outside seating shall not be permitted on the sidewalk closer than five feet from the curb line of
the Street or from any fire hydrants, planters or other public improvements located in the Right-
of-way.
Ordinance Number: 90-03-184 Initial Effective Date: January 01,2002
with amendments through December 08, 2003
65