Ordinance No. 31-07-05ORDINANCE NUMBER 31-07-05
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA
ADOPTING SEMI-ANNUAL AMENDMENTS TO THE 2015
COMPREHENSIVE PLAN AS PREVIOUSLY ADOPTED BY
ORDINANCE 31-04-04, AS AMENDED; THESE AMENDMENTS
INCLUDING ONE CHANGE TO THE 2005 - 2015 FUTURE LAND USE
MAP DESIGNATION FROM RECREATION AND OPEN SPACE TO
RESIDENTIAL, LOW DENSITY FOR PROPERTY KNOWN AS THE
SELVA MARINA COUNTRY CLUB AND ALSO TEXT AMENDMENTS
TO THE GOALS, OBJECTIVES AND POLICIES OF THE FUTURE
LAND USE, INTERGOVERNMENTAL COORDINATION AND
CAPITAL IMPROVEMENTS ELEMENTS OF SAID PLAN; PROVIDING
FOR INTENT, AUTHORITY, FINDINGS OF FACT, FINDINGS OF
CONSISTENCY, SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, Section 163.3161-163.3215, Florida Statues, empowers and requires the
City Commission for the City of Atlantic Beach to prepaze, implement and enforce
Comprehensive Plans and Land Development Regulations (LDRs) for the regulation of
development within the City; and
WHEREAS, Section 163.3184, Florida Statues, establishes the process for the adoption
of the Comprehensive Plan or Amendments thereto; and
WHEREAS, Rules 9J-5 and 9J-11, Florida Administrative Code, establish procedures
for the adoption and submittal requirements of Comprehensive Plan Amendments; and
WHEREAS, required notice for these amendments was published and public hearings
were held, in accordance with Section 163.3184(15), Florida Statutes.
NOW THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF
THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA:
SECTION 1. INTENT. The purpose of this ordinance is to adopt amendments to the
City of Atlantic Beach 2015 Comprehensive Plan adopted by Ordinance 31-04-04 September 13,
2004, as amended and found to be In Compliance and to exercise the authority and perform the
duties as set forth within Sections 163.3161-163.3215, Florida Statues. T'he described
amendment to the Future Land Use Map Designation from Recreation and Open Space to
Residential, Low Density is depicted in attached Exhibit A and the amended Future Land Use,
Intergovernmental Coordination and Capital Improvements Elements aze attached as Exhibit B,
C, and D respectively.
SECTION 2. AUTHORITY. This ordinance is adopted pursuant to Chapter 163,
Florida Statues, and the Florida Administrative Code, Rule 9J-5 and 9J-11; and the Constitution
of the State of Florida, as may be amended from time to time.
SECTION 3. FINDINGS OF CONSISTENCY. The City Commission for the City
of Atlantic Beach hereby finds that this amendment to the 2005-2105 Future Land Use Map and
amendments to the Goals, Objectives and Policies of the Future Land Use, Intergovernmental
Coordination and Capital Improvements Elements are: (i) as a whole consistent with the State
Comprehensive Plan, Section 187.201, Florida Statues; (ii) as a whole consistent with the
Northeast Florida Strategic Regional Policy Plan; (iii) as a whole consistent Sections 163.3161-
163.3215, Florida Statues; (iv) as a whole consistent Florida Administrative Code, Rule 9J-5 and
9J-11; and (v) consistent with other provisions of the adopted City of Atlantic Beach
Comprehensive Plan.
SECTION 5. FINDINGS OF FACTS. These amendments are found to maintain
internal consistency with the City of Atlantic Beach Comprehensive Plan as adopted by
Ordinance 31-04-04 and subsequent amendments thereto. These amendments are also found to
be consistent with the review and amendment procedures as established by State law, the public
participation process and the required coordination between the City of Atlantic Beach and other
State of Florida agencies including, but not limited to; the Department of Community Affairs,
Northeast Florida Regional Council, St. Johns River Water Management District, Florida
Depaztment of Transportation, Florida Department of Environmental Protection.
SECTION 5. SEVERABILITY. It is declared to be the intent of the City Commission
for the City of Atlantic Beach, that if any provision, paragraph, or section of this Ordinance is for
any reason finally held invalid or unconstitutional by any Court of competent jurisdiction, such
provision shall be deemed sepazate, distinct and independent and such holdings shall not effect
or alter the remaining provisions.
SECTION 6. EFFECTIVE DATE. These amendments shall become effective on the
date the State Land Planning Agency issues a final order determining the adopted amendment to
be in compliance, or on the date the Florida Administration Commission issues a final order
determining the adopted amendment to be in compliance in accordance with Section 163.3189,
Florida Statues, and upon filing of certified copy of this Ordinance with the Secretary of State.
Passed upon first reading by the City Commission of the City of Atlantic Beach this 11th
day of June, 2007.
Passed and adopted upon final reading and public bearing this 09th day of July, 2007.
Donald M. Wolfson
Mayor/Presiding Officer
as to form and correctness:
Jensen, Esquire
Attest: d ~Q
Donna L. Bussey, CMC
City Clerk