Ordinance No. 31-10-09ORDINANCE NUMBER 31-10-09
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA
ADOPTING EVALUATION AND APPRAISAL REPORT (EAR) BASED
AMENDMENTS TO THE GOALS, OBJECTIVES AND POLICIES (GOPS) OF
THE COMPREHENSIVE PLAN AND ALSO ADOPTING A NEW MAP
SERIES INCLUDING THE 2010-2020 FUTURE LAND USE MAP;
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, Florida 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, Section 163.3187 (6) (a), Florida Statues, provides for the amendment of the
Comprehensive Plan to implement the recommendations of the Evaluation and Appraisal Report
(EAR), commonly referred to as EAR-based amendments; and
WHEREAS, Rule 9J-11.011, Florida Administrative Code, establishes procedures for the
adoption and submittal requirements of the EAR-based amendments; and
WHEREAS, this ordinance is adopted after required notice 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 amend the Comprehensive
Plan for the City of Atlantic Beach as previously amended since first adopted by Ordinance 95-90-48
on December 13, 1990, and to provide for the orderly growth of the City and to exercise the authority
and perform the duties as required and set forth within Sections 163.3161-163.3215, Florida Statues.
This amended Comprehensive Plan shall hereafter be known as the 2010-2020 Comprehensive Plan.
SECTION 2. AUTHORITY. This ordinance is adopted pursuant to Chapter 163, Florida
Statues, and the Florida Administrative Code, Rules 9J-5 and 9J-1 l; and the Constitution of the State
of Florida, as may be amended from time to time.
SECTION 3. ADOPTION OF MAPS. The Future Land Use Map and all Maps included
within the 2010-2020 Comprehensive Plan Map Series are adopted as part of this Comprehensive
Plan amendment. In the event of any conflict between any Maps and the text of the Plan, the text of
the Plan shall control.
SECTION 4. FINDINGS OF CONSISTENCY. The City Commission hereby finds that
these amendments to the 2005-2015 Map Series and these EAR-based amendments to the Goals,
Objectives and Policies of the 2005-2015 Comprehensive Plan are: (i) as a whole consistent with the
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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 with the Florida Administrative Code, Rule 9J-5
and 9J-11.
SECTION 5. FINDINGS OF FACTS. These amendments are based upon the Evaluation
and Appraisal Report of the City of Atlantic Beach 2005-2015 Comprehensive Plan adopted by
Resolution 08-12 on October 13, 2008, and also the review, process and coordination efforts 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, resulting in the adoption of these EAR-based amendments in consideration of the
Objections, Recommendations and Comments (ORC) Report as provided by the Department of
Community Affairs.
SECTION 5. SEVERABILITY. It is declared to be the intent of the City Commission that
if any provision, paragraph, or section of this Ordinance or these amendments 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 EAR-based 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 08th day of
March, 2010.
Passed and adopted upon final reading and public hearing this 22nd day of March, 2010.
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LOUIS "MIKE" BORNO, JR.
Mayor/Presiding Officer
Approved as to form and correctness:
Attest: d?'v1'L~Z U~ ~~~'/,~ L~(~i
DONNA L. BARTLE, CMC
City Clerk
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