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Agenda Item 7BAGENDA ITEM # 713 JULY 8, 2013 ORDINANCE NUMBER 90 -13 -217 AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL, STATE OF FLORIDA, CHANGING THE ZONING DISTRICT CLASSIFICATION OF LANDS DESCRIBED WITHIN ATTACHED EXHIBIT A FROM PLANNED UNIT DEVELOPMENT (PUD) TO RESIDENTIAL, SINGLE - FAMILY (RS -1), PROVIDING FINDINGS OF FACT, REQUIRING RECORDATION AND PROVIDING AN EFFECTIVE DATE. RECITALS WHEREAS, the City Commission of the City of Atlantic Beach, Florida hereby finds that the change in zoning classification enacted by this ordinance shall provide for orderly growth; encourage the 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 implement the goals and objectives of the Comprehensive Plan, and WHEREAS, a previous change in the zoning district classification of the lands subject to this change from Residential, Single - Family (RS -1) to Planned Unit Development (PUD) was initiated by the applicant as the result of a Joint Venture Agreement and merger incorporating said lands into the Selva Residential Planned Unit Development and enacted by Ordinance Number 90 -09 -209 on September 14, 2009, and WHEREAS, the lands subject to this change in zoning classification were not developed according to the Selva Residential Planned Unit Development and said Joint Venture Agreement has since dissolved, and WHEREAS, the lands subject to this change in zoning district classification are not of sufficient size to meet the minimum size requirements for a Planned Unit Development, and WHEREAS, after required notice, public hearings were held on the 16th day of April 2013 at 6:00 p.m. by the Community Development Board, and on the 10th day of June 2013 at 6:30 p.m. and on the 8th day of July 2013 at 6:00 p.m. by the City Commission to hear and enact said Ordinance. NOW THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA: Ordinance No. 90 -13 -2171 Page 1 of 3 AGENDA ITEM # 713 JULY 8, 2013 SECTION 1. The above Recitals are hereby incorporated as Findings of Fact in support of this Ordinance, and the City Commission farther finds as follows: a. This change in zoning district classification has been fully considered after public hearings with legal notice duly published as required by law and has met the procedural requirements as set forth in Section 24 -62 of the Land Development Regulations. b. The proposed rezoning to Residential, Single - Family (RS -1) is consistent with the Future Land Use Map designation of Residential, Low Density of the City's adopted Comprehensive Plan. c. All development pursuant to this rezoning to Residential, Single - Family (RS -1) and any future subdivision to create new lots shall be consistent with the Zoning, Subdivision and Land Development Regulations for the City of Atlantic Beach prior to issuance of local permits authorizing construction or site alteration. d. The zoning district classification of Residential, Single - Family (RS -1) is consistent and compatible with surrounding development in that the surrounding uses are existing single - family or future single- family residential uses, and recreational uses. SECTION 2. Pursuant to this change in zoning district classification procedure, the zoning district classification of those lands as described in the Legal Description, attached hereto as EXHIBIT A are upon enactment of this Ordinance reclassified from Planned Unit Development (PUD) to Residential, Single - Family (RS -1). SECTION 3. 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 provisions 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 4. 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 5. This Ordinance shall become effective on the date passed and enacted by final reading. Upon the effective date of this Ordinance, the change in zoning classification shall be recorded on the Official Zoning Map, as maintained in the Building and Zoning Department by the Building and Zoning Director or designated administrative official. Ordinance No. 90 -13 -2171 Page 2 of 3 AGENDA ITEM # 7B JULY 8, 20I3 Passed on first reading and public hearing by the City Commission of the City of Atlantic Beach this 10th day of June, 2013. Passed on final reading and public hearing this 81h day of July, 2013. Approved as to form and correctness: Alan C. Jensen, Esquire City Attorney Attest: Donna L. Bartle, CMC City Clerk Mike Borno Mayor/Presiding Officer Effective Date: Ordinance No. 90 -13 -2171 Page 3 of 3