Ordinance No. 31-23-16ORDINANCE NO. 31-23-16
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH,
COUNTY OF DUVAL, STATE OF FLORIDA, AMENDING
THE FUTURE LAND USE MAP OF THE 2030
COMPREHENSIVE PLAN TO CHANGE THE
DESIGNATION OF THOSE LANDS DESCRIBED IN
ATTACHED EXHIBIT A FROM RESIDENTIAL MEDIUM
DENSITY (RM) TO COMMERCIAL (CM); PROVIDING FOR
CONFLICT; PROVIDING FOR SEVERABILITY; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Atlantic Beach, Florida hereby finds that
the change in Future Land Use Map designation 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 Future Land Use Map designation were
developed in the 1940s through the 1970s and included commercial uses prior to the City's adoption of the
first Comprehensive Plan and associated Future Land Use Map; and
WHEREAS, the Community Development Board held a duly noticed public hearing on
September 19, 2023, to consider this Ordinance, and found the request to be consistent with the
City's Comprehensive Plan and voted to recommend that the City Commission approve 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. Findinus 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 future land use map designation 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, 24-62 and the Land Development Regulations.
b. The proposed Future Land Use Map amendment to Commercial (CM) is consistent the
goals, policies and objectives of the City's adopted Comprehensive Plan.
c. All development within lands subject to this change in future land use map designation to
Commercial (CM) 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 future land use map designation of Commercial (CM) is consistent and compatible
with the surrounding development and future land use map designation in that the adjoining
properties to the east are already designated Commercial (CM) and allow commercial uses.
SECTION 2. Affected Properties. Pursuant to this change in Future Land Use Map designation
procedure, the Future Land Use Map designation 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 from Residential Medium (RM) to Commercial (CM).
SECTION 3. Future Land Use Map Revised. The Director of Planning and Community
Development is hereby directed to revise the official Future Land Use Map of the City of Atlantic
Beach to reflect the change in Future Land Use designation for those properties described in Exhibit
A from Residential Medium (RM) to Commercial (CM) and to submit documentation to the Florida
Department of Economic Opportunity as required by Section 163.3187, Florida Statutes.
SECTION 4. 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 5. 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.
SECTION 6. Effective Date. This ordinance shall take effect upon final reading and approval.
PASSED by the City Commission on first reading this 23`d day of October, 2023
PASSED by the City Commission on second and final reading this 13th day of November,
2023.
CITY F ATL CH
Attest V
Curtis Ford, Ma or
Donna L. Bartle, City Clerk
Approved as to form and correctness:
Jason bri ty Attorney
Exhibit A
The lands subject to this Ordinance No. 31-23-16 changing their Future Land Use designation form
Residential Medium (RM) to Commercial (CM) shall be those described below. All Book and Page
information can be found in the current public records of Duval County, Florida.
Address
I RE Number
0 West 2n Street
1 170834-0000