Ordinance No. 90-05-187ORDINANCE NUMBER 90-OS-187
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, REZONING
LANDS AS DESCRIBED HEREIN FROM COMMERCIAL GENERAL (CG)
TO RESIDENTIAL, SINGLE-FAMILY (RS-1); PROVIDING FINDINGS OF
FACT; PROVIDING A SAVINGS CLAUSE; REQUIRING RECORDATION;
AND PROVIDING AN EFFECTIVE DATE.
RECITALS
WHEREAS, the City Commission of the City of Atlantic Beach hereby finds that the
change in Zoning District designation, for those lands described as Blocks 4, 5, 6, 7, 8 and 9,
within Atlantic Beach Section "H" subdivision as recorded in Plat Book 18, Page 34 of the
Public Records of Duval County, Florida, as 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 establish
consistency with the Comprehensive Plan, and
WHEREAS, after required notice was published, public hearings were held by the
Community Development Board on the 21st day of June, 2005 at 7:00 p.m. and on the 16th day
of August, 2005 at 7:OOp.m. Introduction and first reading of the proposed Ordinance was held
by the City Commission on the 12th day of September, 2005 at 7:15 p.m. Second reading of the
proposed Ordinance and a public hearing to hear, consider and adopt said Ordinance was held on
the 26th day of September, 2005 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. The above recitals are hereby incorporated as Findings of Fact in support
of this Ordinance, and the City Commission finds as follows:
1. The change in Zoning District designation has been fully considered after public hearing
with legal notice duly published as required by law.
2. The change in Zoning District designation Commercial General (CG) to Residential,
Single-Family (RS-1) is consistent with the Comprehensive Plan and the Future Land
Use Designation of Commercial in that residential development is permitted in the
Commercial land use category where adjacent to commercial and where not located
within the Coastal High Hazard Area. This property adjoins commercial uses and is not
within the Coastal High Hazard Area.
Ordinance 90-OS-187 Page 1 of 2
3. The change in Zoning District designation to Commercial General (CG) to Residential,
Single-Family (RS-1) is consistent with the Land Development Regulations for the City
of Atlantic Beach.
4. This change in Zoning District designation is consistent and compatible with surrounding
uses and development.
SECTION 2. Pursuant to this change in Zoning District designation, the Zoning District
designation of those lands as described and depicted in attached as EXHIBIT A, shall be re-
designated as Residential, Single-Family (RS-1.)
SECTION 3. To the extent that they do not conflict with any specific and detailed
provisions of this Ordinance, all provisions of the Code of Ordinances for the City of Atlantic
Beach as such may be amended from time to time shall be applicable to development and use of
lands referenced herein. Furthermore, notwithstanding any provision of this ordinance, no
portion of any ordinance, building code, Comprehensive Plan or any other regulation shall be
deemed waived or varied by any provision herein.
SECTION 4. 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 5. This ordinance shall become effective on the date passed and enacted by
final reading. 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.
Passed on first reading and public hearing by the City Commission of the City of Atlantic
Beach this 10th day of October 2005. _ .
Passed on final reading and public hearing this
JO
October 2005.
Officer
Ap roved as o form and correctness:
!~ LAN . J NSEN, ESQUIRE
City ey
Attest: ~~Q U-
DONNA BUSSEY
City Clerk
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