Ordinance No. 31-24-17ORDINANCE NO. 31-24-17
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH,
COUNTY OF DUVAL, STATE OF FLORIDA,
TRANSMITTING PROPOSED EVALUATION AND
APPRAISAL REPORT BASED AMENDMENTS TO THE
GOALS, OBJECTIVES AND POLICIES OF THE
COMPREHENSIVE PLAN AND ALSO TRANSMITTING A
NEW MAP SERIES TO THE STATE OF FLORIDA'S
VARIOUS AGENCIES FOR REVIEW AND COMMENT;
PROVIDING FOR ADOPTION OF SAID EAR -BASED
AMENDMENTS AND NEW MAP SERIES UPON RECEIPT
OF SAID COMMENTS AND COMPLETION OF THE STATE
COORDINATED REVIEW PROCESS; PROVIDING FOR
PURPOSE AND INTENT; PROVIDING FOR CONFLICT;
PROVIDING FOR SEVERABILITY; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, Section 163.3161-163.3215, Florida Statutes, empowers and requires the City
Commission for the City of Atlantic Beach, Florida to prepare, implement and enforce
Comprehensive Plans and Land Development Regulations for the regulation of development within
the City; and
WHEREAS, Section 163.3177(6), Florida Statutes, requires the City to adopt a Property
Rights Element in the Comprehensive Plan.
WHEREAS, Sectionl63.3184, Florida Statutes, establishes the process for the amendment
and adoption of the Comprehensive Plan or amendments thereto; and
WHEREAS, Sections 163.3184 and 163.3191, Florida Statutes, provides for the
amendment of the Comprehensive Plan to implement the recommendations of the Evaluation and
Appraisal Report, commonly referred to as EAR -based amendments; and
WHEREAS, the Community Development Board, as the Local Planning Agency, held a
duly noticed public hearing on these amendments, reviewed and considered all comments received
and made its recommendation to transmit these amendments to the City Commission; and
WHEREAS, after required notice was published and public hearings were held in
accordance with Section 163.3184(l 1), Florida Statutes and Section 24-51 of the City of Atlantic
Beach Code of Ordinances, the City Commission now desires to transmit these EAR -based
amendments to the City's 2045 Comprehensive Plan through the State Coordinated Review
Process; and
WHEREAS, upon receipt and consideration of comments, the state report and completion
of the State Coordinated Review Process and making such revisions to the EAR -based amendments
as are deemed appropriate, the City Commission desires to approve and adopt the amendments.
Ordinance No. 31-24-17 Page 1 of 3
NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON
BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA:
SECTION 1. Transmittal Authorized. Pursuant to Sections 163.3184 and 163.3191, Florida
Statutes, the Commission hereby approves for transmittal to the Florida Department of Commerce,
the Northeast Florida Regional Council, the St. Johns River Water Management District, the
Florida Department of Environmental Protection, the Florida Department of State, the Florida
Department of Transportation and the City of Jacksonville for their review and comment, the
proposed EAR -based amendments, consisting of changes to the text and maps of the City's
2030 Comprehensive Plan, as more particularly described in that certain set of documents entitled
"Proposed 2024 EAR -based Amendments for State Coordinated Review Process" dated June,
2024, on file at the City's Planning and Community Development Department.
SECTION 2. Adoption of EAR -based Amendments. Having received and considered the
comments and State report and completed the State Coordinated Review Process in accordance
with Section 163.3184, Florida Statutes, and having revised the initial set of EAR -based
amendments as deemed appropriate and held duly noticed and required public hearings, the City
Commission hereby approves and adopts the EAR -based amendments, consisting of changes to
the Goals, Policies and Objectives of the 2030 Comprehensive Plan and a revised map series, said
EAR -based amendments more particularly described in that certain set of documents entitled
"Adopted EAR -based Amendments" dated October 2024 and on file at the City's Planning and
Community Development Department. The City Comprehensive Plan as amended therein shall
hereafter be known as the 2045 Comprehensive Plan.
SECTION 3. Purpose and Intent. The purpose and intent of this Ordinance is to carry out the
adoption procedures set forth in the Community Planning Act, Sections 163.3161 through
163.3248, Florida Statutes, Chapter 166, Florida Statutes, as amended, and the City's Code of
Ordinances, for amendment of the City's Comprehensive Plan, in order to preserve and enhance
the orderly growth of the City, encourage the most appropriate use of land, water and resources
consistent with the public interest, overcome present deficiencies and effectively address future
problems which may result from the use and development of land within the City of Atlantic
Beach.
SECTION 4. Effective Date of Plan Amendment. Unless timely challenged, the 2045
Comprehensive Plan adopted herein shall go into effect pursuant to the Florida Department of
Commerce's Notice of Intent, issued and published by the Department of Commerce, in
accordance with Section 163.3184, Florida Statutes.
SECTION 5. Conflict. All ordinances, resolutions, official determinations or parts thereof
previously adopted or entered by the City or any of its officials and in conflict with this Ordinance
are repealed to the extent inconsistent herewith.
SECTION 6. Severability. If a Court of competent jurisdiction at any time finds any provision of
this Ordinance to be unlawful, illegal, or unenforceable, the offending provision shall be deemed
severable and removed from the remaining provisions of this Ordinance which shall
remain in full force and intact.
Ordinance No. 31-24-17 Page 2 of 3
SECTION 7. Effective Date. This ordinance shall take effect upon final reading and
approval.
PASSED by the City Commission on first reading this day ofc �
2024.
PASSED by the City Commission on second and final reading this day
of (xY, 2024.
CITY T EACH
C is For , M 4 or
Attest:
Donna L. Bartle, City Clerk
Approved as to form and correctness:
Jaso a el, ty Attorney
Ordinance No. 31-24-17 Page 3 of 3