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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