Ordinance No. 90-08-205ORDINANCE NUMBER: 90-08-205
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF
DUVAL, STATE OF FLORIDA, CHANGING THE ZONING DISTRICT
CLASSIFICATION OF LANDS AS DESCRIBED WITHIN ATTACHED
EXHIBIT A FROM CONSERVATION (CON) TO RESIDENTIAL,
SINGLE-FAMILY (RS-1) PROVIDING FOR SPECIAL CONDITIONS,
FINDINGS OF FACT, REQUIRING RECORDATION AND PROVIDING
AN EFFECTIVE DATE.
RECITALS
WHEREAS, the change in zoning classification 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 implement
the goals and objectives of the Comprehensive Plan, and
WHEREAS, a previous change in the Zoning District classification of the lands subject
to this change from Open Rural (OR) to Conservation (CON) was initiated by the City of
Atlantic Beach following elimination of the Open Rural Zoning District and enacted by
Ordinance Number 90-03-179 on February 24, 2003, and
WHEREAS, the lands subject to this change in Zoning District classification are not of
sufficient size to meet the minimum size requirements for a Planned Unit Development, and the
City is directed by the adopted Comprehensive Plan to implement the Plan's Goals, Objectives
and Policies when considering new development, and
WHEREAS, special limitations and conditions are necessary to implement certain Goals,
Objectives and Policies of the Comprehensive Plan, and such conditions have been offered by
the Property Owner, as set forth within following Section 2, and
WHEREAS, after required notice, public hearings were held on the 15th day of April
2008 at 6:00 p.m. by the Community Development Board, and on the 12th day and the 27th day
of May 2008 at 6:00 p.m. by the City Commission to hear and enact said Ordinance.
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 further finds as follows:
a. This change in Zoning District classification has been fully considered after public
hearings with legal notice duly published as required by law and has met the procedural
requirements as set forth within Section 24-62 of the Land Development Regulations.
b. This proposed rezoning to Residential, Single-family (RS-1) is consistent with the Future
Land Use Map designation of Residential, Low Density of the City's adopted
Comprehensive Plan.
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c. All Development pursuant to this rezoning to Residential, Single-family (RS-1) and the
proposed subdivision to create up to sixteen (16) new lots shall be consistent with the
Zoning, Subdivision and Land Development Regulations for the City of Atlantic Beach
prior to issuance of local permits authorizing construction or site alteration.
d. The Zoning District classification of Residential, Single-family (RS-1) is consistent and
compatible with surrounding development in that the surrounding uses are existing
single-family or future single-family residential uses.
SECTION 2. The following Special Conditions 1 through 3 shall apply to the
Development of lands subject to this change in Zoning District classification in order to
implement objectives and policies of the Comprehensive Plan not limited to, but specifically:
Objective A.1.2, which states: The City shall protect, conserve and enhance the natural
functions of existing wetlands, marsh and estuarine systems, and other Environmentally
Sensitive Areas in order to maintain the quality and function of natural systems and
wildlife habitats, and also
Policy D.3.2.1, which states: The City shall require applicants for development permits
to submit appropriate environmental surveys and reports prior to the issuance of
development permits. All applications for development permits and applications to
rezone to Planned Unit Development and other zoning related applications shall be
required to identify environmental features, including any Wetlands, CCCL, natural water
bodies, open space, buffers and vegetation preservation areas, and to sufficiently address
any adverse impacts to Environmentally Sensitive Areas.
Condition 1: Stormwater management and site engineering plans for development
pursuant to this rezoning shall demonstrate that hydrologic functions of this site shall be
enhanced.
Condition 2: In order to maintain wildlife habitat and to protect and enhance jurisdictional
wetlands and their functions, the areas of undisturbed natural buffer, substantially
represented as Conservation Areas on the Applicant's conceptual Site Plan, which is part of
the application for rezoning, shall remain in a natural state, except for such activity as may
be required to enhance, restore or create wetlands in accordance with permitting and
regulatory review by DEP, the USCOE and the SJRWMD, or to remove fallen trees and
debris in the process of restoring wetland, hydrologic and drainage functions. Any such
activity shall be subject to approval by the City's Director of Public Works. Such approval
shall not be unreasonably withheld if the DEP, USCOE and SJRWMD have authorized by
permit, such work authorized above. A legally binding instrument, with final boundaries
established by the above regulatory agencies, and as substantially represented as
Conservation Areas in terms of depth and area on the Applicant's conceptual Site Plan
shall be recorded 45 days prior to the commencement of any alteration or work in the
Conservation Areas to ensure that these areas remain undeveloped and in a natural state.
The explicit intent of this Condition is that these Conservation Areas shall remain in a
natural wooded state and not later converted to landscaped lawns. Alteration of this area
shall be limited only to that required as part of the wetland and stormwater permitting
process as well as the clearing of under-story vegetation that is less than four(4) feet in
height, fallen vegetative debris and dead trees, or trees that have been arborist certified to
be dying or a danger to property or persons. The Conservation Areas shall otherwise
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remain in their natural state in perpetuity, pursuant to approved permits and easements of
the SJRWMD and the recorded Final Subdivision Plat.
Condition 3: The above referenced Conservation Areas, along with any twenty-five (25)
foot natural vegetative upland buffer as required by Policy A.1.2.1 of the Comprehensive
Plan shall be delineated and depicted on the Final Subdivision Plat, which shall be
approved and recorded in accordance with Section 24-206 of the Land Development
Regulations prior to submittal of Construction Plans for any Subdivision Improvements.
SECTION 3. Pursuant to this change in Zoning District classification procedure, the
Zoning District classification of those lands as described in the Legal Description, attached
hereto as EXHIBIT A are upon enactment of this Ordinance reclassified from Conservation
(CON) to Residential, Single-Family (RS-1.)
SECTION 4. To the extent that they do not conflict with the unique, 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 except to the degree that development may qualify for vested
rights in accordance with applicable ordinances and laws. 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 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 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
Beach on the 12th day of May 2008. Passed on fi
day of May 2008.
to form and correctness:
fission of the City of Atlantic
and public hearing this 27th
ERVE
fig Officer
C. JENSEN, ESQUIRE
torney ~~~~L~/ ~~G~O~.P.~
Attest:
DONNA L. BARTLE, CMC
City Clerk
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