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Item 7BAGENDA ITEM # 7B MAY ll, 2009 ORDINANCE NUMBER 31-09-08 AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA ADOPTING THE ANNUAL UPDATE TO THE CAPITAL IMPROVEMENTS ELEMENTS OF THE 2015 COMPREHENSIVE PLAN AS PREVIOUSLY ADOPTED BY ORDINANCE 31-04-04, AS AMENDED; 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 this amendment 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 an annual update to the Capital Improvements Element to the City of Atlantic Beach 2015 Comprehensive Plan adopted by Ordinance 31-04-04, 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 update amendment to the Capital Improvements Element is attached as hereto as 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. SECTION 3. FINDINGS OF CONSISTENCY. The City Commission for the City of Atlantic Beach hereby finds that this amendment to Capital Improvements Element 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. Page 1 of 2 Ordinance 31-09-08 AGENDA ITEM # 7B MAY 11, 2009 SECTION 5. FINDINGS OF FACTS. This update amendment is found to maintain internal consistency with the City of Atlantic Beach Comprehensive Plan as adopted by Ordinance 31-04-04 and subsequent amendments thereto. This update amendment is 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 and the Florida Department of Education. 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 update 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. Passed upon first reading by the City Commission of the City of Atlantic Beach this 27th day of April, 2009. Passed and adopted upon fmal reading and public hearing this 11th day of May, 2009. 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 2 Ordinance 31-09-08