Ordinance No. 90-23-251ORDINANCE NO. 90-23-251
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; AND PROVIDING 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
in 1975 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 19, 2023, to consider this Ordinance, and found it 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. 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 publichearings
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 rezoning to Commercial, General (CG) is consistent withthe Future Land Use
Map Commercial (CM) 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 in that the adjoining properties to the
east are Commercial, General (CG).
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 Map 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. Conflict. All ordinances, resolutions, official determinations or parts thereof
previously adopted or entered by the City or anyof 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 November of
2023.
CITY TL EACH
Cuiffis For , ayor
Attest:
Donna L. Bartle, City Clerk
Approved as to form and correctness:
Al C'�-�
Jason k,4biWCity Attorney
Exhibit A
The lands subject to this Ordinance No. 90-23-251 changing their zoning district designation from
Residential, General, Two -Family (RG) to Commercial, General (CG) shall be those described on
the attached survey.
Address
I RE Number
0 West 2° Street
1 170834-0000