86-20 v 11/
RESOLUTION NO. 86 - 20
WHEREAS, the intent and purpose of the City of Atlantic
Beach comprehensive land use plan is the orderly control of
growth and development of the City of Atlantic Beach in such a
fashion that the unique and natural characteristics of the City
are preserved; and
WHEREAS, Section H of the City, an area bounded on the east
by Mayport Road, the south by Atlantic Boulevard, the west by the
meander line of the marsh, and the north by Church Road, has
experienced rapid uncontrolled development in recent years ; and
WHEREAS, the City Commission of the City of Atlantic Beach
11/ and the Legislature of the State of Florida has recognized that
infrastructure is required for planned growth in order to meet
the demands of development anticipated in the City of Atlantic
Beach, the County of Duval , and the State of Florida; and
WHEREAS, in light of that need, the City of Atlantic Beach
has authorized the completion of a Master Plan for Section H for
the purpose of providing efficient and orderly development of the
City of Atlantic Beach; and
WHEREAS, the Conceptual Design Report of the Section H
Master Plan has determined that the continued permitting of
septic tanks and water wells in Section H present the possibility
of contamination of groundwater and deep-water wells by faulty
septic tanks in Section H; and
WHEREAS, the City Commission has recommended the adoption of
an interim zoning ordinance which would require further study of
the appropriate density of commercial and residential dwellings
within Section H; and
WHEREAS, under the constitution and the laws of the State of
Florida, the City of Atlantic Beach is required to adopt a
comprehensive plan, and in light of Section 163.3177(3)(a)3,
• Florida Statutes, which requires that the comprehensive plan
contains standards to insure the availability of public
• facilities and the adequacy of those facilities including
acceptable levels of service ; and
i
11/ WHEREAS, the temporary moratorium on development permits
within Section H would give the City time to assess the affects
of septic tanks on the contamination of groundwater and deep-
water wells and to complete its studies concerning the extension
of water and sewer utilities into Section H; and
WHEREAS, it has been determined by the City Commission of
the City of Atlantic Beach to be necessary for the public health,
welfare, and safety to adopt some form of additional control the
development within Section H; and
WHEREAS, while the City Commission recognizes that there may
be some hardship to property owners if they are temporarily
delayed in developing their properties in Section H, it has been
determined that the public harm in permitting development in this
11/ area prior to the establishment of additional standards
concerning development in the area is potentially much greater;
and
WHEREAS, pursuant to the principles set out in the case of
Smith v. City of Clearwater, 383 So.2d 681 (Fla. 2d DCA 1980) ,
the City of Atlantic Beach hereby gives notice to all persons
that any application for a building permit on property located
within Section H may be subject to a temporary moratorium;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF ATLANTIC BEACH, FLORIDA:
SECTION 1: That the City Commission with the assistance of
appropriate professional experts shall continue the study to
determine the propriety of the provision of water and utility
111 services to residential and commercial developments within
Section H taking into account the history of development and
character of development within Section H, and all factors
relevant to the establishment of appropriate development
restrictions as necessary for the health, safety and general
welfare of the City of Atlantic Beach.
SECTION 2: That the City Manager is directed to deny or
temporarily hold in advance the issuance of any building permits
• to people planning to construct buildings within Section H which
• would be served by septic tanks and private wells.
y
11/ SECTION 3: The City Attorney is directed to prepare and submit
to the City Commission at the earliest possible date a proposed
ordinance to provide a means of evaluating the impact on public
safety of development within Section H pending the completion of
all studies necessary to the adoption of comprehensive
development indensity restrictions for Section H.
SECTION 4: That is the intent of the City Commission to adopt an
Interim Zoning Ordinance prohibiting the acceptance of all
building permit applications on property located within Section H
in order to provide an opportunity for the City Commission to
study the appropriate, reasonable density and development
restrictions for implementation in the City of Atlantic Beach
Zoning Code of Ordinances.
11/ SECTION 5: That this resolution shall be published in full at
least once in a newspaper of general circulation in the City of
Atlantic Beach.
SECTION 6: That this resolution shall take effect immediately
upon its passage.
This Resolution Adopted by the City Commission at its
regular meeting held on September 8 , 1986.
ATTEST:
f€da &
ADELAIDE TUCKER, City Clerk
WIL AM S. HOWELL,
1111 Mayor/Presiding Officer
APPROVED AS TO FORM AND CORRECTNESS:
,/:, S) /.--14.--141--1-
-( CLAUDE
L. MULL S, City Attorney
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DATE0..e "_ 4 /tLc't
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