Ordinance No. 90-22-248ORDINANCE NO. 90-22-248
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF
DUVAL, STATE OF FLORIDA, AMENDING THE FUTURE LAND USE
MAP OF THE 2030 COMPREHENSIVE PLAN TO CHANGE THE
DESIGNATION OF THOSE LANDS DESCRIBED IN ATTACHED
EXHIBIT A FROM RESIDENTIAL MEDIUM DENSITY (RM) TO
COMMERCIAL (CM); PROVIDING FOR FINDINGS; PROVIDING FOR
EFFECTIVE DATE OF PLAN AMENDMENT; PROVIDING FOR
CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR
DISCLAIMER; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Atlantic Beach, Florida hereby finds
that the change in future land use 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 subject to this change in future land use were largely developed
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 September 20, 2022, to consider this Ordinance, did not find it to be consistent with the City's
Comprehensive Plan and voted to recommend that the City Commission deny 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 land use 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 24-51 of the Land Development Regulations and Chapter 163, Florida
Statutes, for small scale amendments.
b. The proposed future land use amendment to Commercial (CM) is consistent with the goals,
policies and objectives of the City's adopted Comprehensive Plan.
c. All development within lands subject to this future land use amendment 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.
d. The future land use designation of Commercial (CM) is consistent and compatible with the
surrounding development and zoning districts.
Ordinance No. 90-22-248 Page 1 of 3
SECTION 2. Affected Properties. Pursuant to this change in land use district designation
procedure, the future land use designation 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 from Residential Medium Density (RM) to Commercial (CM). 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. Future Land Use Map Revised. The Director of Planning and Community
Development is hereby directed to revise the official Future Land Use Map of the City of Atlantic
Beach to reflect the change in future land use for those properties described in Exhibit A from
Residential Medium Density (RM) to Commercial (CM).
SECTION 4. Effective Date of this Plan Amendment.
a. If the amendment meets the criteria of Section 163.3187, Florida Statutes, as amended, and is
not challenged, the effective date of this plan amendment shall be thirty-one (3 1) days after
adoption.
b. If challenged within thirty (30) days after adoption, the plan amendment shall not become
effective until the state land planning agency or the Administration Committee, respectively,
issues a final order determining the adopted Small -Scale Amendment to be in compliance.
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. Severabilitv. 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 7. Disclaimer. The amendment granted herein shall not be construed as an exemption
from any other applicable local, state or federal laws, regulations, requirements, permits or
approvals. All other applicable local, state or federal permits or approvals shall be obtained before
commencement of the development or use, and issuance of this amendment is based upon
acknowledgement, representation and confirmation made by the applicant(s), owner(s),
developer(s) and/or any authorized agent(s) or designee(s) that the subject business, development
and/or use will be operated in strict compliance with all laws. Issuance of this amendment does
not approve, promote or condone any practice or act that is prohibited or restricted by any federal,
state or local laws.
Ordinance No. 90-22-248 Page 2 of 3
SECTION 8. Effective Date. This ordinance shall take effect upon final reading and approval.
PASSED by the City Commission on first reading this 24`h day of October, 2022.
PASSED by the City Commission on second and final reading this /Yhday of ND vee, he—r',
2022.
CITY A TI /EACH
l
EI lasser, Mayor
ATTEST:
A/ol? '"Y
LVZZ�
Donna L. Bartle, City Clerk
Approved as to form an correctness:
Br nna . Durden, Attorney
Ordinance No. 90-22-248 Page 3 of 3
EXHIBIT A
The lands subject to this Ordinance No. 90-22-248 changing their future land use designation from
Residential Medium Density (RM) to Commercial (CM) shall be those described below. All Book
and Page information can be found in the current public records of Duval County, Florida.
Address
RE Number
Legal Description
51 West 7`h Street.
170816-0005
LOTS 1 AND 2, SECTION H, AS RECORDED IN PLAT
BOOK 18, PAGE 34 OF THE CURRENT RECORDS OF
DUVAL COUNTY, FLORIDA.
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