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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 Page 1 of 2 Ordinance 31-10-09 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. ,~ ~ ~ C--~.w, ~= ~ , 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 Page 2 of 2 Ordinance 31-10-09