Ordinance No. 90-22-247ORDINANCE NO. 90-22-247
AN ORDINANCE OF THE CITY OF ATLANTIC
BEACH, COUNTY OF DUVAL, STATE OF FLORIDA,
REZONING THOSE LANDS DESCRIBED IN
ATTACHED EXHIBIT A FROM RESIDENTIAL,
SINGLE-FAMILY (RS -1), RESIDENTIAL, SINGLE-
FAMILY (RS -2), RESIDENTIAL, GENERAL, MULTI-
FAMILY (RG -M) AND COMMERCIAL GENERAL
(CG) TO RESIDENTIAL, GENERAL, MULTI -FAMILY
(RG -M); PROVIDING FINDINGS OF FACT;
REQUIRING RECORDATION; AND PROVIDING AN
EFFECTIVE DATE.
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, the lands subj ect to this change in zoning classification were largely developed
in 1975 prior to significant changes to the Land Development Regulations and the Official Zoning
Map; and
WHEREAS, the Community Development Board held a duly noticed public hearing on
March 15, 2022, to consider this Ordinance, found it to be consistent with the City's Comprehensive
Plan and voted to recommend that the City Commission approve this Ordinance; and
WHEREAS, the City Commission considered this Ordinance after proper public notice
and comments from staff and the public.
NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON
BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA:
SECTION 1. Findings of Fact. The above recitals are hereby incorporated as Findings of Fact in
support of this Ordinance, and the City Commission 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 Sections 24-51, 24-62 and the Land Development Regulations.
b. The proposed rezoning to Residential, General, Multi -Family (RG -M) is consistent with the
Future Land Use Map Residential High Density (RH) designation and the goals, policies
and objectives of the City's adopted Comprehensive Plan.
c. All development within lands subject to this rezoning to Residential, General, Multi -Family
(RG -M) and any future development shall be consistent with the zoning, subdivision, Land
Development Regulations and other applicable provisions of the Atlantic Beach Code of
Ordinances prior to issuance of local permits authorizing construction or site alteration.
Ordinance No. 90-22-247 Page 1 of 4
d. The zoning district classification of Residential, General, Multi -Family (RG -M) is
consistent and compatible with the surrounding development and zoning districts in that
the adjoining properties to the east are designated Residential, General, Multi -Family
(RG -M) and Residential, General, (RS -2), properties to the north are Residential,
General, (RS -2) and Residential, General, (RS -1), properties to the west are Residential,
General, (RS -1) and Commercial General (CG), and properties to the south are
Commercial General (CG).
SECTION 2. Affected Properties. Pursuant to this change in zoning district designation procedure,
the zoning district classification of those certain lands within the City of Atlantic Beach, as more
particularly described in Exhibit A, attached hereto and made a part hereof, are hereby reclassified
as Residential, General, Multi -Family (RG -M) from Residential, Single -Family (RS -1),
Residential, Single -Family (RS -2), Residential, General, Multi -Family (RG -M), and Commercial
General (CG). This reclassification does not grant authority for any specific uses on said lands.
Any proposed use on said lands shall be reviewed and approved in accordance with the provisions
of Chapter 24, Land Development Regulations.
SECTION 3. Zonina May Revised. The Director of Planning and Community Development is
hereby directed to revise the official Zoning Map of the City of Atlantic Beach to reflect the change
in zoning classification for those properties described in Exhibit A from Residential, Single -Family
(RS -1), Residential, Single -Family (RS -2), Residential, General, Multi -Family (RG -M), and
Commercial General (CG) to Residential, General, Multi -Family (RG -M).
SECTION 4. 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 5. 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.
SECTION 6. Effective Date. This ordinance shall take effect upon final reading and approval.
PASSED by the City Commission on first reading this 25th day of April, 2022.
(� t�
PASSED by the City Commission on second and final reading this_q- day of
Mit , 2022.
CITY O ATLANTIC BEACH
C
len Glasser, Mayor
Ordinance No. 90-22-247 Page 2 of 4
Attest:
Donna L. Bartle, City Clerk
Approved as to form and correctness:
Br nna . Du en City Attorney
Ordinance No. 90-22-247 Page 3 of 4
Exhibit A
The lands subject to this Ordinance No. 90-22-247 changing their zoning district designation
from Residential, Single -Family (RS -1), Residential, Single -Family (RS -2), Residential, General,
Multi -Family (RG -M), and Commercial General (CG) to Residential, General, Multi -Family
(RG -M) shall be those described on the attached survey.
Address I RE Number
I Legal Description
275 Sailfish Drive 1 170579-0010
1 See attached survey
Ordinance No. 90-22-247 Page 4 of 4