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Item 7AAGENDA ITEM # 7A NOVEMBER 1Q 2008 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: Public Hearing and final reading of Ordinance Number 90-08-207. Administrative rezoning (initiated by the City) from RG-2 (Multi-family) to CM (Commercial) to make the Zoning Map consistent with the established use and the Commercial Comprehensive Plan designation for five parcels on the south side Sturdivant Avenue between Seminole Road and Pine Street, as shown on the attached map. All combined, these parcels consist of 0.68 acres. SUBMITTED BY: Sonya Doerr, AICP ,~,~ Community Development Director DATE: October 31, 2008 BACKGROUND: The property proposed to be rezoned by the City was assigned multi- family zoning at the time zoning was first established in the City in 1959. With the exception of two older duplexes, all of these parcels have for many years contained businesses or provide the parking for the adjoining businesses that front on Atlantic Boulevard. While these two duplexes could be rebuilt after this zoning change if the current owner or any future property owner wished to do so, this would not seem to be a preferred location to rebuild new residential given the busy commercial character of the surrounding area. The purpose for this change is to make the zoning designation consistent with use of these parcels and with the Comprehensive Plan designation, which is Commercial. The current RG- 2, multi-family residential zoning could prohibit the redevelopment or expansion of the businesses that have long existed in this area. This change is zoning is directly related to one of the issues identified during our Comprehensive Plan Evaluation and Appraisal (EAR) process, which states the following: Remove Regulatory obstacles. While the City is only 4 square miles in size with no true urban core and no opportunity for urban sprawl, redevelopment of urban commercial and residential areas and infill development where appropriate are very important issues for the City. Obstacles which discourage redevelopment should be identified and removed from the Comprehensive Plan and Land Development Regulations. The Community Development Board recommended approval of this change in zoning at their July 15th meeting, and the City Commission approved first reading of this ordinance on October 27th. RECOMMENDATION: Motion to approve rezoning Ordinance Number 90-08-207. ATTACHMENTS: Proposed Ordinance Number 90-08-207. BUDGET: No budget issues. REVIEWED BY CITY 1V~N-A •~- November 10, 2008 regular meeting AGENDA ITEM # 7 A NOVEMBER 10, 2008 ORDINANCE NUMBER: 90-08-207 AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, STATE OF FLORIDA, REZONING THOSE AREAS SHOWN ON THE GEOGRAPHIC LOCATION MAP, ATTACHED AS EXHIBIT A, FROM RESIDENTIAL, MULTI-FAMILY (RG-2) TO COMMERCIAL GENERAL (CG), PROVIDING FINDINGS OF FACT, REQUIRING RECORDATION AND PROVIDING AN EFFECTIVE DATE. RECITALS WHEREAS, the change in Zoning District designation enacted by this ordinance shall provide for orderly growth; encourage the most appropriate use of Land; protect and conserve the value of property; and serve to accomplish and implement the goals and objectives of the Comprehensive Plan, and WHEREAS, after required notice, public hearings were held on the 15th day of July, 2008 at 6:OOpm and on the 10th day of November, 2008 at 6:OOpm 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 finds as follows: 1. This change in Zoning District designation from Residential General, Multi-family (RG-2) to General Commercial (CG) is consistent with the Comprehensive Plan and the Future Land Use Designation, which is Commercial. 2. This change in Zoning District designation to Commercial General (CG) is supportive of urban commercial infill development and removes potential obstacles which could discourage appropriate redevelopment. 3. This change in Zoning District designation to Commercial General (CG) is consistent with Section 24-112 of the Land Development Regulations for the City of Atlantic Beach. 4. This change in Zoning District designation to Commercial General (CG) is consistent and compatible with surrounding development. 5. This change in Zoning District designation implements Policy A.1.9.2 of the Comprehensive Plan which directs the City to amend its Land Development Regulations as appropriate to effectively implement the land use classifications as adopted on the Future Land Use Map. Page 1 of 3 Ordinance 90-08-207 AGENDA ITEM # 7A NOVEMBER l0, 2008 SECTION 2. Pursuant to this change in Zoning District designation, the Zoning District classification of those lands within the City of Atlantic Beach, limited to those lands as depicted on the Geographic Location Map, attached as EXHIBIT A are upon enactment of this Ordinance reclassified from Residential, Multi-Family (RG-2) Commercial General (CG.) SECTION 3. 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 4. 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 by the City Commission of the City of Atlantic Beach the 27th day of October, 2008. Passed on final reading and public hearing this 10th day of November, 2008. JOHN S. MESERVE Mayor/Presiding Officer Approved as to form and correctness: ALAN C. JENSEN, ESQUIRE City Attorney Attest: DONNA L. BARTLE, CMC City Clerk Page 2 of 3 Ordinance 90-08-207 AGENDA ITEM # 7A NOVEMBER I0, 2008 EXHIBIT A i i i ~ i - --ti i - i i i ~i ~Qk i ~~ ---~ ~ III J~~~ r ` ICI ~ "~-- 1 II --1 1~ ~ (.+4YAL I _ _LA 1I - CYp'Q~ss .. ~ - _ _ Ar~r~r,c A 7LSrJ r!C N W+~? ]i 0 250 500 1.000 Feet ++ s REZ-2008-01 Sturdivant Avenue Zoning Map Change From Residential General, Multi-Family (RG-2} To Commercial General (CG} Subject Property ~ „`°`;,~'~"`°°~."' Crty a~f Adanbc Beach Department of Cammuroty Development - REZ-2008-OI COAB RG2-to•CG (apo) Page 3 of 3 Ordinance 90-08-207