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Item 7A AGENDA ITE1~1 #7A AUGUST 23, 2004 CITY OF ATLANTIC BEACH CITY COMMISSION STAFF REPORT AGENDA ITEM: First reading of Ordinance 31-04-04 to enact EAR-based amendments to the 1990 Comprehensive Plan SUBMITTED BY: Sonya Doerr, AICP ~,~ Community Development Director DATE: August 11, 2004 BACKGROUND: The EAR-based Comprehensive Plan amendments must be adopted by ordinance with one final public hearing scheduled for September 13, 2004. Following adoption, the City will forward the adopted Comprehensive Plan to DCA, and assuming there are no further objections or challenges to our amendments, DCA will within 20 days publish a Notice of Intent (NOI) to issue a Final Order finding the EAR-based amendments in compliance with Chapter 163, at which time the amendments will become effective. BUDGET: No budget issues. RECOMMENDATION: Approval upon first reading of Ordinance 31-04-04. Second reading and Adoption Public Hearing scheduled for September 13, 2004. .~• ATTACHMENTS: Proposed Ordinance 31-04-04. (Final draft of adoption document has been previously provided to the Commission and remains available for ,~,,, inspection at City Hall from t e Building and Zoning counter.) REVIEWED BY CITY MANA August 23, 2004 regular meeting AGENDA ITEM #7A AUGUST 23, 2004 ORDINANCE NUMBER 31-04-04 AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA AMENDING THE 1990 COMPREHENSIVE PLAN AND THE 2005 FUTURE LAND USE MAP, AS ADOPTED BY ORDINANCE 95-90-48, AS AMENDED, SAID ORDINANCE ADOPTING EVALUATION AND APPRAISAL REPORT (EAR) BASED AMENDMENTS TO THE GOALS, OBJECTIVES AND POLICIES (GOPS) OF THE COMPREHENSIVE PLAN; ESTABLISHING THE 2005 - 2015 FUTURE LAND USE MAP; PROVIDING FOR INTENT; AUTHORITY; FINDINGS OF FACT; FINDINGS OF CONSISTENCY; SEVERABILITY AND AN EFFECTIVE DATE. ""' WHEREAS, Chapter 125 and Section 163.3161-163.3215, Florida Statues, empowers and requires the City Commission for the City of Atlantic Beach, Florida 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 Amendment; and WHEREAS, Section 163.3187 (6) (a), Florida Statues, provides the amendment "~" of the Comprehensive Plan to implement the recommendations of the Evaluation and Appraisal Report (EAR), referred to as EAR Based Amendments; and WHEREAS, Rule 9J-11, .Florida Administrative Code, establishes procedures for the adoption and submittal requirements of the EAR-based Amendments; and WHEREAS, after required notice was published, public workshops 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 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. Page 1 of 3 Ordinance 31-04-04 AGENDA ITElV1 #7A AUGUST 23, 2004 ~,, 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. ADOPTION OF MAPS. The Future Land Use Map and all Maps included within the 2015 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 for the City of Atlantic Beach hereby finds that the amendments to the 2005 Future Land Use Map and the EAR-based Amendment to the Goals, Objectives and Policies of the 1990 Comprehensive Plan are: (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 or parts of the City of Atlantic Beach Comprehensive Plan, as first adopted by Ordinance 95-90-48. SECTION 5. FINDINGS OF FACTS. These amendments are based upon the Evaluation and Appraisal Report of the City of Atlantic Beach Comprehensive Plan as adopted by Resolution 03-03 on February 24, 2003, 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 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. The 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, and upon filing of certified copy of this Ordinance with the Secretary of State. ~"" Page 2 of 3 Ordinance 31-04-04 ±~. AGENDA ITEM #7A AUGUST 23, 2004 Passed upon first reading by the City Commission of the City of Atlantic Beach this 23rd day of August, 2004. Passed and adopted upon final reading and public hearing this 13rd day of September, 2004. JOHN S. MESERVE Mayor/Presiding Officer Approved as to form and correctness: ALAN C. JENSEN, ESQUIRE City Attorney Attest: MAUREEN KING City Clerk ~• Page 3 of 3 Ordinance 31-04-04