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Ordinance No. 90-01-173 vORDINANCE NUMBER: 90-O1-173 AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL, STATE OF FLORIDA, ADOPTING ORDINANCE NUMBER 90-O1-173, REZONING LANDS AS DESCRIBED HEREINAFTER FROM THE PRESENT ZONING CLASSIFICATION OF RESIDENTIAL GENERAL, TWO-FAMILY (RG-1) TO RESIDENTIAL, SINGLE-FAMILY (RS-2) PROVIDING FINDINGS OF FACT, REQUIRING RECORDATION; AND PROVIDING AN EFFECTIVE DATE. RECITALS WHEREAS, the City Commission for the City of Atlantic Beach, Florida hereby finds that the public health, safety and welfare of citizens are protected and enhanced by the enactment of this ordinance, and WHEREAS,. the zoning change enacted by this ordinance shall provide for orderly growth; encourage the most 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 serve to accomplish and implement the goals and objectives of the Comprehensive Plan, and WHEREAS, after required notice was published, public hearings were held on the 12th j day of November, 2001 at 7:15 p.m. and on the 26th day of .November, 2001 at 7:15 p.m. to hear and enact said Ordinance. NOW THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA: SECTION 1. Upon consideration of the .application, supporting documents,. recommendation of the Community Development Board, and comments from .the staff and citizens at the public hearings, the above recitals are hereby incorporated as Findings of Fact in support of this Ordinance,- and the City Commission finds as follows: a. The request for rezoning. has been fully considered after public hearing with legal notice duly published as required by law. b. The rezoning to Residential, Single-family (RS-2) is consistent with the Comprehensive Plan and the Future Land Use Designation of Residential, Medium Density, c. The rezoning to Residential, Single-family (RS-2) is consistent with the zoning and land development regulations for the City of Atlantic Beach. d. The zoning district .designation of Residential, Single-family (RS-2) is consistent and compatible with surrounding development. Ordinance 90-01-173 Page. l of 2 SECTION 2. Pursuant, to this rezoning procedure, (File Number REZ 2001-02) the zoning classification of Residential General, two-family (RG-1) of the lands. described within the legal description, attached as EXHIBIT A, is hereby changed to Residential, Single-family (RS-2). SECTION 3. To the extent that they do not conflict with the unique, specific and detailed provisions of this Ordinance, all provisions of the Code of Ordinances for the City of Atlantic Beach as such may be amended from time to time shall be applicable to development and use of lands referenced herein except to the degree that development may qualify for vested rights in accordance with applicable ordinances and laws. Furthermore, notwithstanding any provision of this ordinance, no portion of any ordinance, building code, Comprehensive Plan or any other regulation shall be deemed waived or varied by any provision herein. SECTION 4. This Ordinance shall be recorded in a book kept and maintained by the Clerk of the City of Atlantic Beach, Duval County, Florida, in accordance with Section 125.68, Florida Statutes. SECTION 5. This ordinance shall become effective on the date passed and enacted by final reading: Upon the effective date of this Ordinance, the zoning classification shall be recorded on the official Zoning Map as maintained in the Building, Zoning and Community Development Department by the Community Development Director or designated administrative official. SECTION 6. .Special Conditions. For a period of one (1) year from the effective date of this Ordinance, property owners or their lawful assigns shall be entitled to seek and obtain Building Permits to construct aTwo-family (Duplex) Dwelling upon lands described herein, provided that such Development shall be in compliance with all other applicable regulations including the Florida Building Code and the Zoning Subdivision and Land Development Regulations as set forth within Chapter 24 of the Code of Ordinances for the City of Atlantic Beach. Passed on first reading and public hearing by the City Commission of the City of Atlantic Beach this 12th day of November, 2001. Passed on final reading and public hearing this Ap ved as to form and correctness: LAN C Si/N, ESQUIRE City At ey Attest: / V~ _ ..~ MAUREEN KING City Clerk Ordinance 90-01-173 Page 2 of 2 EXHIBIT A LEGAL DESCRII'TIONS OF RGl PROPERTIES BEING REZONED ALL OF MILBERT HOMES SUBDIVISION ALL OF FLOYDS CAMP REPEAT LOTS 1, 3, 5, 7, 9,11,13,15, 17,19, 21, 23, 25, 31, 32 BLOCK 2 ATLANTIC BEACH SUBDIVISION A LOTS 1-26 BLOCK 3, ATLANTIC BEACH SUBDIVISION A LOTS 1-28 BLOCK 4, ATLANTIC BEACH SUBDIVISION A LOTS 1-35 BLOCK 5, ATLANTIC BEACH SUBDIVISION. A ALSO IN BLOCKS PT LYING W OF PT OF LOT 34 RECORDED IN OR BK 8451 PAGE 1077 STRIP LYING W OF PT OF LOTS 32 & 34 RECORDED IN OR BK 8897 PAGE 62 STRIP LYING W OF PT LOTS 32 & 34 RECORDED IN OR BK 7582 PAGE 1599 j N 26.67 FT OF S 150 FT OF UN]!vUMBERED LOT LYING WEST OF PROPERTY DESCRIBED AS N 26.67. FT OF W 15.25 FT LOT 32, N 26.67 FT OF LOT 34 RECORDED IN OR BK 8243 PAGE 2361 S 26.67. FT OF N 150 FT OF UNNUMBERED LOT LYING WEST OF PROPERTY DESCRIBED ASS .26.67 FT OF LOTS 33, 35 RECORDED INOR BK 7723-0052 UNNUMBERED STRIP LYING W OF S 26.84 FT OF N 123.33 FT LOTS 33 AND 35 RECORDED IN OR BK 8798 PAGE 0251 UNNUMBERED STRIP LYING W OF S 26.49 FT OF N 96.49 FT LOTS . 33 AND 35 RECORDED IN OR BOOK 9616 PAGE 1956 STRIP LYING W OF PT LOTS 33 AND 35 RECORDED IN OR BOOK 7886 PAGE 415 ALSO IN BLOCK 6 PT OF UNNUMBERED TRACT W OF LOT 36 RECORDED IN OR BOOK 4603 PAGE 258 LOTS 2, 4, 6, 8,10,12,14, 16,18, 20, 22, 24, 26, 28, 30, 32, 34, 36 BLOCK 6 ATLANTIC BEACH SUBDIVISION A PLAT 1 LOTS 12-31 ATLANTIC BEACH TERRACE LOTS 538-549 SALTAIR SECTION 3 LOT5 643-647 SALTATR SECTION 1 LEGAL DESCRIPTIONS OF RGI PROPERTIES BEING REZONED PAGE -2- LOTS 666-670 SALTAIR SECTION 1 LOTS 677-b81 SA.LTAIR SECTION 1 LOTS 684-688 SALTA.IR SECTION 1 LOTS 593-697 SALTAlI2 SECTION 1 LOTS 700-703 SALTAIl2 SECTION 1 LOTS 718-720 SALTAIR SECTION 1 LOT 735 SALTAIR SECTION 1 City of Atlantic. Beach Proposed zoning change. W E from RG-1 to RS-2. S General location map 7,, Fa,, ~ 41~~~iJ,w~w~ ii r1i ~~ ~ ~ ~~~JE~~ ~tIILLL~ 1 i li ~T ~ ri i ~~lri R~~~l~j~i`c~ ~~III~wfIT~~f ~~'~ J y~f il~ ~__` - - - - i4tlantie t3tvd ~---~ ~ ~~ 0.2 0 0.2 0.4 Miles