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Ordinance No. 90-89-140 v FAILED ON PUBLIC HEARING 4/24/89 ORDINANCE NO. 90-89-140 AN ORDINANCE AMENDING THE ORDINANCE CODE OF THE CITY OF ATLANTIC BEACH, FLORIDA; AMENDING CHAPTER 24, THE COMPREHENSIVE ZONING ORDINANCE AND LAND DEVELOPMENT CODE BY AMENDING THE OFFICIAL ZONING MAP TO REZONE LOTS 41 THROUGH 60, NORTH ATLANTIC BEACH UNIT NO. 2, BY PETITION OF AT LEAST FIFTY PERCENT OF CONTIGUOUS PROPERTY OWNERS FROM RESIDENTIAL GENERAL MULTIPLE FAMILY (RG2) TO RESIDENTIAL GENERAL TWO FAMILY (RG1 ) ; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, The Community Development Board of the City of Atlantic Beach has considered a request to change a zoning classification submitted by petition of at least fifty percent of contiguous property owners, and held a public hearing on same on February 21, 1989, and WHEREAS, The City Commission does exercise its powers to amend the Land Development Code, including the Official Zoning Map, in order to encourage the appropriate use of land, and WHEREAS, The rezoning is consistent with the Comprehensive Plan, and the rezoning will not adversely effect the health and safety of the residents of the area, and will not be detrimental to the natural environment or to the use or development of the adjacent properties in the general neighborhood, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH, FLORIDA: Section 1. The Official Zoning Map of the City of Atlantic Beach is hereby changed to reflect the new zoning of Lots 41 through 60, North Atlantic Beach Unit No. 2, from Residential General Multiple Family (RG2) to Residential General Two Family (RG1 ) . Section 2. This ordinance shall take effect upon its adoption. Passed by the City Commission on first - - -ing February Passed by the City Commissio, on =; cond and , in 1 rea ,ing Alio LA._ Wiliam I Gulliford, Mayor, Presiding Offi - Approved as to Form and Correctness: FAILED ON 3-2 VOTE APRIL 24, 1989. Claude L. Mullis, City Attorney (SEAL) Maureen King, City Clerk PETITION We , the undersigned property owners and residents of Atlantic Beach, respectfully petition the City Commission to rezone all ocean- front property located east of Beach Avenue from right above 19th Street on the north and just below 18th Street on the south from RG 2 to RG 1 . OWNERS - • PROPERTY DESCRIPTION • Don W . Smith #9-2S -29E 187 Beach Avenue North Atlantic Beach Atl.ntic B ach, Fl . 32233 Unit #2 PT k. Lot 41 & strip of land iii i _ � �� , 1 in south thereof Y g Jerald H. Pietan 1877 Beach Avenue Atlantic Beach9Fl . 32233 Lot 4.2 Se4-1\ ,L Gerard Petroni P. 0 . Box 151 # Miami , Florida 34005 Lots 43 , 44 P & S Builders , Inc . P, 0 . Box 24270 Jacksonville , Fl . 32217 #Lot 45 AWViA / A. James L . Pelkey Or 1887 Beach Avenue Atlantic Beach, Fl . 32233 *Lot 46 (9clnea/( -/- 19?71 Stuart Kimmel 2279 Seminole Road , Unit 8 Atla.n • Beach, 32233 Lot 47 Curtis R . Ford 1858 Selva Grande Drive Atlantic Beach, Fl. 32233 Lot 48 Herbert B. Moller, Jr. 1911 Beach Avenue •# Atlantic Beach, Fl. 32233 Lot 49 • • -2- James H. Lipscomb III • 1917 Beach Avenue Atlantic Beach, Fl. 32233 Lot 50 Carson B. Merr 1923 Beach Avenue # Atlantic Beach, Fl. 32233 Lot 51 C---12atY--(667-11-6L • Steven Y. Lee 1927 Beach Avenue # Atlant•c Beach, Fl. 32 3 Lot 52 • • Joseph Stradel • P. 0. Box 9418 Canton, Ohio 44711 Lot '53 Elliot Zisser 1937 Beach Avenue 32233 #Lot 54 William N. -organ 220E. Forsyth St. * Jacksonville, Fl. 32202 Lot 55 Bernice E. Morgan 1945 Beach Avenue Atlantic Beach, Fl. 32233 -Lot 56 William N. Morgan, Jr. et al. 1945 Beach Avenue * Atlantic Beach, Fl. 32233 Lot 57 Sam A. Rukab - 1957 Beach Avenue # Atlantic Beach, Fl. 32233 Lot 58 John R. Tesman 1963 Beach Avenue Atlantic Beach, Fl. 32233 *Lot 59 - ����`% -�' Lisa Haycook . 1969 Beach Avenue 1 Atlantic Beach, 1. 32233 Lot 60 -3- OWNERS PROPERTY DESCRIPTION George M. Goodloe et al. II14-93-9-2S-29E USD 5137 Arlington Rd. Ndrth Atlantic Beach Jacksonville, Fla. 32211 Unit #3 PT Lot 61 Katherine Goodloe et al. N. 17 ft, Lot 61, 1975 Beach Avenue S . 17 ft . Lot 62 Atlantic Beach, Fla. 32233 George M. Goodloe et. al. N. 33 ft. Lot 62 5137 Arlington Rd. Jacksonville , Fla. 32211 Mark J. Kredell 19-2S-29E 1930 San Marco Blvd. North Atlantic Beach Jacksonville, Fla. 32207 Unit #1 PT Lot #40 & strip of land lying north thereof ( ( ry . FROM THE DESK OF... • Varela Thiene __i ---4- --; i-/ 11/3-1- . 1 + b• 11/1e_ illideAt I•-))/1-C,Ot OltiOa).(_5 i -- t C4 . - • . - : • i Are., , - . tt ce.,_13 . h , 1 , � arc . q tr1-- '-- 1 r--- �__ �i al c O3 9•i► — 0 . ! fig- /6P --i 0f/2-di -4.---- i ! • i .__4_________i_ i 1 ili , 1,2_11 :___ _ 1 rt _E . . i • . , . . 1 I I ; ; , . ,. . . . • . • .• .. . . 1 , t , _____, ....... _____.,........______,..____,_. ; , , i , ,--,----, , , , , • ,Ag4,,,,,,,,,JA0 , { t I 1 Li - - --1-- 1 ; I { I 1 1 II 11 William Morgan Architects Professional Association 220 East Forsyth Street Jacksonville, Florida 32202 904/356-4195 16 February 1989 Community Development Board Members City of Atlantic Beach 716 Ocean Boulevard Atlantic Beach, FL 32233 Ladies and Gentlemen: Thank you for your letter of 10 February 1989 advising us that the zoning classification of Lots 41 through 60 was under consideration and will be discussed on Thursday February 21st at 7:00p.m. Please be advised that my family acquired lots 55, 56 and 57 between 1968 and 1974. Our investments were based on the then prevailing law. My family consists of my wife and me, my son Dylan and his wife Frances, and my son Newton and his wife-to-be. It is my understanding that persons who do not live in the affected area and do not pay taxes for oceanfront property propose to change the zoning of my family's property. My own residence at 1945 Beach Avenue received the highest award of the American Institute of Architects in 1974. Other architectural award winning projects that I have designed are the residences at 1941 /1943 Beach Avenue, the tree house at 1970 Beach Avenue and the oceanfront townhouses at 1973, 1975 and 1977 Beach Avenue. All of these properties are in or within 300' of the property under consideration for rezoning. These internationally renowned residential projects are characteristic of my family's contribution to this community. We are concerned for the highest quality of excellence in our environment. Our record clearly demonstrates our concern . The foremost environmental problems in our area of North Atlantic Beach are related to the public access of 18th and 19th Streets, not to the reclassification of Lots 41 through 60. We believe that there are exceptional opportunities to provide for public safety and access to our beaches without congesting traffic, littering the environment, and destroying private property which is presently the case. We have for many years advocated this position and would welcome an opportunity to discuss constructive solutions at your convenience. In closing, Ladies and Gentlemen, we greatly appreciate your concern for the futures of Lots 41 through 60. We clearly believe that the present zoning ought to stay exactly as it is. If you have any questi • -, • ould be happy to discuss this with you . •urs very truly, Willaim awgah, FAIA