Ordinance No. 90-22-249ORDINANCE NO. 90-22-249
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF
DUVAL, STATE OF FLORIDA, REZONING THOSE LANDS DESCRIBED
IN ATTACHED EXHIBIT A FROM RESIDENTIAL, GENERAL, TWO-
FAMILY (RG) TO COMMERCIAL, GENERAL (CG); PROVIDING
FINDINGS OF FACT; REQUIRING RECORDATION; PROVIDING FOR
CONTINGENCY; PROVIDING FOR DISCLAIMER; AND PROVIDING
FOR CONFLICT, SEVERABILITY AND 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 subject to this change in zoning classification 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 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 and 24-62 of the Land Development Regulations.
b. The proposed rezoning to Commercial, General (CG) is consistent with the Future Land Use
Map designation and the goals, policies and objectives of the City's adopted Comprehensive
Plan.
c. All development within lands subject to this rezoning to Commercial, General (CG) 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 zoning district classification of Commercial, General (CG) is consistent and compatible
with the surrounding development and zoning districts.
Ordinance No. 90-22-248 Pagel of 3
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 Commercial, General (CG) from Residential, General, Two-family (RG). 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. Zoning 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, General,
Two-family (RG) to Commercial, General (CG).
SECTION 4. Contingency. This rezoning shall not become effective until thirty-one (31) days
after adoption unless timely challenged under Florida law; and further provided that if the
companion Small -Scale Amendment (Ordinance 90-22-248) is timely challenged under Florida
law, this rezoning shall not become effective until the state land planning agency or the
Administration Commission issues a final order determining the companion Small -Scale
Amendment is in compliance with Chapter 163, Florida Statutes.
SECTION 5. Disclaimer. The rezoning 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 rezoning 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 rezoning does not
approve, promote or condone any practice or act that is prohibited or restricted by any federal,
state or local laws.
SECTION 6. 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 7. 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. 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" day of October, 2022.
PASSED by the City Commission on second and final reading this ILMday of /V0V-1,M&r,
2022.
CITY OF ATLANTIC BEACH
Ellen lasser, Mayor
ATTEST: , /�
odo0 � V
Donna L. Bartle, City Clerk
Approved as to form and correctness:
*enn Dur, , City Attorney
Ordinance No. 90-22-248 Page 3 of 3
EXHIBIT A
The lands subject to this Ordinance No. 90-22-249 changing their zoning district designation from
Residential, General, Two-family (RG) to Commercial, General (CG) shall be those described
below.
Address
RE Number
Legal Description
51 West 7t' Street
170816-0005
LOTS 1 AND 2, SECTION H, AS RECORDED
IN PLAT BOOK 18, PAGE 34 OF THE
CURRENT RECORDS OF DUVAL COUNTY
4