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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