Ordinance No. 90-03-179 vORDINANCE NUMBER: 90-03-179
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL,
STATE OF FLORIDA, ADOPTING ORDINANCE NUMBER 90-03-179, RE-
DESIGNATING THOSE AREAS SHOWN ON THE GEOGRAPHIC LOCATION MAP,
ATTACHED AS EXHIBIT A, FROM OPEN RURAL (OR) TO CONSERVATION
(CON), CONSISTENT WITH THE CONSERVATION LAND USE DESIGNATION AS
ESTABLISHED BY THE FUTURE LAND USE MAP OF THE ADOPTED 2005
COMPREHENSIVE PLAN FOR THE CITY OF ATLANTIC BEACH AND
CONSISTENT WITH ORDINANCE 90-O1-172, WHICH ELIMINATED THE OPEN
RURAL ZONING DISTRICT CLASSIFICATION AND ESTABLISHED THE
CONSERVATION ZONING DISTRICT CLASSIFICATION, 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 change in Zoning District designation 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 10th
day of February 2003 at 7:15 p.m. and on the 24th day of February 2003 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. The above recitals are hereby incorporated as Findings of Fact in support
of this Ordinance, and the City Commission finds as follows:
a. The change in Zoning District designation has been fully considered after public hearing
with legal notice duly published as required by law.
b. The change in Zoning District designation to Conservation (CON) is consistent with the
Comprehensive Plan and the Future Land Use Designation of Conservation.
c. The change in Zoning District designation to Conservation (COlV} is consistent with the
Land Development Regulations for the City of Atlantic Beach.
d. The change in Zoning District designation to Conservation (CON) is consistent and
compatible with surrounding development.
Clrrlinancp 9n_n~_i~q Pace 1 nf~
~.,, SECTION 2. Pursuant to this change in Zoning District designation procedure, the
Zoning District classification of all those lands within the City of Atlantic Beach Florida
designated as Open Rural (OR), as depicted on the Geographic Location Map, .attached as
E~IIBIT A, shall be re-designated as Conservation (CON) Zoning District.
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 change in 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.
Passed on first reading and public hearing by the City Commission of the City of Atlantic
Seach this 10th day of February 20Q3. ~ ~„ 1~,
Passed an final reading and public hearing this 24t1~ d;~~of~'ebruary 2QQ3.
VE
Ap oved as to. form and correctness:
AN C. E EN, ESQUIRE
City Att ey
Attest: _ '~
MA EN KING
City Clerk
llr~inanne 9n_n~_~ ~9 Page 2 of 2
EXI~IBIT A
Geographic Location Map
of lands classified as Open Rura1(OR)
to be re-classified as Conservation (CON}
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