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