Item 7DAGENDA ITEM # 7D
JANUARY 28, 2008
CITY OF ATLANTIC BEACH
CITY COMMISSION STAFF REPORT
AGENDA ITEM: First reading of Ordinance 31-08-06 to adopt an amendment to the Future Land
Use Map of the Comprehensive Plan, which shall re-designate an area of Old Atlantic Beach from
Residential-Medium Density to Residential-Low Density.
SUBMITTED BY: Sonya Doerr, AICP ,~~
Community Development Director
DATE: January 16, 2008
BACKGROUND: At the January 14th meeting, Staff was directed to proceed with the final
adoption process to enact a change in Land Use designation from Residential-Medium Density to
Residential-Low Density for the southern portion of Old Atlantic Beach as shown on the attached
map.
This amendment has been in process since August of 2007. If approved on first reading, the required
public hearing will be scheduled for February 11th.
BUDGET: No budget issues.
RECOMMENDATION: Approval on first reading with final reading and public hearing to be
scheduled for February 11, 2008
ATTACHMENTS: Proposed Ordinance and map of proposed FLUM amendment.
REVIEWED BY CITY MANAG ~
January 28, 2008 regular meeting
AGENDA ITEM # 7D
JANUARY 28, 2008
ORDINANCE NUMBER 31-08-06
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA
ADOPTING ONE AMENDMENT TO THE 2015 COMPREHENSIVE
PLAN AS ORIGINALLY ADOPTED BY ORDINANCE 31-04-04, AS
AMENDED; THIS AMENDMENT CONSISTING OF ONE CHANGE TO
THE 2005 - 2015 FUTURE LAND USE MAP DESIGNATION FROM
RESIDENTIAL, MEDIUM DENSITY TO RESIDENTIAL, LOW DENSITY
FOR AN AREA OF THE CITY AS DEPICTED ON ATTACHED EXHIBIT
A, 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 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 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 one amendment 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. The described
amendment to the Future Land Use Map designation from Residential, Medium Density to
Residential, Low Density is depicted in attached Exhibit A.
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.
Page 1 of 3 Ordinance 31-08-06
AGENDA ITEM # 7D
JANUARY 28, 2008
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 is:
(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
Department 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 separate, 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.
Passed upon first reading by the City Commission of the City of Atlantic Beach this 28th
day of January, 2008.
Passed and adopted upon final reading and public hearing this 11th day of February, 2008.
John S. Meserve
Mayor/Presiding Officer
Approved as to form and correctness:
Alan C. Jensen, Esquire
City Attorney
Attest:
Donna Bussey, CMC
City Clerk
Page 2 of 3 Ordinance 31-08-06
AGENDA ITEM # 7D
JANUARY 28, 2008
EXHIBIT A
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Page 3 of 3 Ordinance 31-08-06