Ordinance No. 31-04-04
ORDINANCE NUMBER 31-04-04
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA
AMENDING THE 1990 COMPREHENSIVE PLAN AND THE 2005
FUTURE LAND USE MAP, AS ADOPTED BY ORDINANCE 95-90-48,
AS AMENDED, SAID ORDINANCE ADOPTING EVALUATION AND
APPRAISAL REPORT (EAR) BASED AMENDMENTS TO THE GOALS,
OBJECTIVES AND POLICIES (GOPS) OF THE COMPREHENSIVE
PLAN; ESTABLISHING THE 2005 - 2015 FUTURE LAND USE MAP;
PROVIDING FOR INTENT; AUTHORITY; FINDINGS OF FACT;
FINDINGS OF CONSISTENCY; SEVERABILITY AND AN EFFECTIVE
DATE.
WHEREAS, Chapter 125 and Section 163.3161-163.3215, Florida Statues,
empowers and requires the City Commission for the City of Atlantic Beach, Florida
prepare, 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 Amendment; and
WHEREAS, Section 163.3187 (6) (a), Florida Statues, provides the amendment
of the Comprehensive Plan to implement the recommendations of the Evaluation and
Appraisal Report (EAR), referred to as EAR Based Amendments; and
WHEREAS, Rule 9J-11, Florida Administrative Code, establishes procedures for
the adoption and submittal requirements of the EAR Based Amendments; and
WHEREAS, after required notice was published, public workshops 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 amend the
Comprehensive Plan for the City of Atlantic Beach, as adopted by Ordinance 95-90-48
on December 13, 1990, and to provide for the orderly growth of the City and to exercise
the authority and perform the duties as required and set forth within Sections 163.3161-
163.3215, Florida Statues.
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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. ADOPTION OF MAPS. The Future Land Use Map and all Maps
included within the 2015 Comprehensive Plan Map Series are adopted as part of this
Comprehensive Plan amendment. In the event of any conflict between any Maps and
the text of the Plan, the text of the Plan shall control.
SECTION 4. FINDINGS OF CONSISTENCY. The City Commission for the
City of Atlantic Beach hereby finds that the amendments to the 2005 Future Land Use
Map and the EAR Based Amendment to the Goals, Objectives and Policies of the 1990
Comprehensive Plan 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 or parts of the City of Atlantic Beach
Comprehensive Plan, as first adopted by Ordinance 95-90-48.
SECTION 5. FINDINGS OF FACTS. These amendments are based upon the
Evaluation and Appraisal Report of the City of Atlantic Beach Comprehensive Plan as
adopted by Resolution 03-03 on February 24, 2003, and also the review, process and
coordination efforts 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
Department of Transportation, Florida Department of Environmental Protection,
resulting in the adoption of this EAR Based Amendment in consideration of the
Objections, Recommendations and Comments (ORC) Report as provided by the
Department of Community Affairs.
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 separate, distinct and
independent and such holdings shall not effect or alter the remaining provisions.
SECTION 6. EFFECTIVE DATE. This EAR Based Amendment 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.
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Passed upon first reading by the City Commission of the City of Atlantic Beach
this 23rd day of August, 2004.
Passed and adopted upon final reading and public hearing this 13th day of
September, 2004.
JO ~-S. ESERVE
May r/Pre iding Officer
Approved as to form and correctness:
C./JFAd"SEN, ESQUIRE
City
Attest:
JAMES HANSON ity Manager
Acting City Cler
Effective Date: ~ ~ ~ 2 `~ - ~
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