Ordinance No. 52-04-02 (Failed 11-8-04) v~e~ '~~/~
ORDINANCE NUMBER: 52-04-02
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF
DUVAL, STATE OF FLORIDA, ADOPTING ORDINANCE NUMBER 52-04-02,
REZONING LANDS AS DESCRIBED HEREINAFTER FROM
CONSERVATION (CON) TO PLANNED UNIT DEVELOPMENT (PUD), TO
BE KNOWN AS THE JOHNSTON ISLAND PUD; PROVIDING FOR SPECIAL
CONDITIONS; PROVIDING FINDINGS OF FACT; PROVIDING A SAVINGS
CLAUSE; REQUIRING RECORDATION; AND PROVIDING AN EFFECTIVE
DATE.
RECITALS
WHEREAS, the City Commission for the City of Atlantic Beach, Florida hereby finds that
change in Zoning District 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 serve to accomplish and implement
the goals and objectives of the Comprehensive Plan, and
WHEREAS, after required notice was published, public hearings and readings of the
proposed Ordinance were held on the 12th day of July, 2004 at 7:15 p.m.; the 26th day of July, 2004
-° at 7:15 p.m, and September 27, 2004, at 7:15 p.m., with a final public hearing and reading of the
Ordinance to hear and adopt said Ordinance held on November 08, 2004 at 7:15 p.m.
NOW THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF
THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA:
SECTION 1. That, as requested by Prosser Hallock Engineers and Planners on behalf of
Bridge Tenders, LLC Inc., the title owner of record in the application, as amended, (File Number
REZ 2004-01) with supporting documents for the zoning change dated January O5, 2004, and
submitted to the City of Atlantic Beach, Florida on January 07, 2004, hereinafter known as the
JOHNSTON ISLAND PLANNED UNIT DEVELOPMENT (PUD) application, which is
attached to and made part of this Ordinance, the zoning classification of lands as described within
Exhibit 2 -Legal Description of said application is hereby changed to Planned Unit Development
(PUD).
SECTION 2. That development of the lands within this Planned Unit Development shall
proceed in accordance with the amended PUD Application and Exhibits, attached to this ordinance,
first filed January O5, 2004, and last amended October 27, 2004, and other supporting documents,
which are a part of File Number REZ-2004-01, and incorporated by reference into and made part
of this Ordinance. In the case of conflict between the application, the supporting documents, and the
.. provisions of this Ordinance, the provisions of this Ordinance shall prevail
Ordinance 52-04-02 Page 1 of 3
SECTION 3. Findings of Fact: The need and justification for approval of the JOHNSTON
.ISLAND PUD have been considered in accordance with the currently effective City of Atlantic
Beach Comprehensive Plan and the Zoning, Subdivision Land Development Regulations and,
whereby, it is found that:
This request for rezoning has been frilly considered following a public hearing and
recommendation from the Community Development Board and after public hearings before
the City Commission with legal notice duly published as required by law.
2. This rezoning ordinance shall not become effective until the effective date of the companion
application for a Small Scale Amendment, amending the 2005 Future Land Use Map
designation of those lands as described within application File Number SSA-2004-01 from
Conservation to Residential, Low Density and from Conservation to Commercial.
3. This rezoning to Planned Unit Development, and the specific plan of development, is
consistent with the Comprehensive Plan, adopted December 13, 1990 by Ordinance Number
95-90-48, as amended, and the Future Land Use Designation of Residential, Low Density
and Commercial.
`- 4. This rezoning from Conservation to Planned Unit Development is consistent with the Land
Development Regulations in that the specific land to be redeveloped pursuant to this PUD
has consisted of previous uses defined by the Land Development Regulations as Commercial
General and Light Industrial and Warehousing, and said lands to be redeveloped are not
composed of open .land, water, marsh and wetland areas.
5. This Planned Unit Development does not affect adversely the orderly development of the
City, as embodied within Chapter 24, specifically Article III, Division 6 of the Land
Development. Regulations, and within the 1990 Comprehensive Plan.
6. The proposed Planned Unit Development is consistent with the Land Development
Regulations, specifically Division 6, establishing standards for Planned Unit Developments.
This rezoning and development of this Planned Unit Development will proceed in
accordance with Chapter 24, Article III, Division 6 and will accomplish the objectives and
meet the Standards and Criteria of Section 24-134, as well as Article IV, Division 5, of this
Chapter, and
7. The zoning district designation of Planned Unit Development, and the specific uses and
special conditions as set forth therein, are consistent and compatible with surrounding
development, and the proposed Planned Unit Development will not affect adversely the
health and safety of residents in the area and will not be detrimental to the natural
environment or to the Use or development of adjacent properties or the general
neighborhood.
Ordinance 52-04-02 Page 2 of 3
SECTION 4. To the extent they do not conflict with the unique specific provisions of this
PUD Ordinance, all provisions of the Land Development Regulations, as such may be amended from
time to time, shall be applicable to this development; except that modification to this PUD by
variance or special use shall be prohibited except as allowed by the Land Development Regulations,
and except to the degree that the development may qualify for vested rights in accordance with
applicable ordinances and laws. Notwithstanding any provision of this ordinance, no portion of any
Building Code, Comprehensive Plan or any regulation aside from those set forth within the Land
Development Regulations shall be deemed waived or varied by any provision herein.
SECTION 5. 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 6. This ordinance shall not become effective until one (1) day following the
effective date of companion Ordinance 31-04-03, said ordinance changing the 2005 Future Land Use
Map designation of lands described and as set forth within Application File Number SSA-2004-01.
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. In the
event that Ordinance 31-04-03 is not enacted, this ordinance and the proposed Johnston Island PUD
shall not subsequently be enacted and made effective.
Passed upon first reading and public hearing by the City Commission of the City of Atlantic
Beach this 12th day of July, 2004.
as amended, upon final reading and public hearing and adoption this 08th day of
November, 2004.
~~`
John S. Meserve
Mayor/Presiding Officer
Approved as to form and correctness:
Alan C. Jensen, Esquire
City Attorney
Attest:
Donna Bussey
City Clerk
Effective Date:
(To be established in accordance with
preceding Section 6 of this Ordinance.)
Ordinance 52-04-02 Page 3 of 3