Agenda Item 7A AGENDA ITEM#7A
NOVEMBER 26,2012
CITY OF ATLANTIC BEACH
CITY COMMISSION STAFF REPORT
AGENDA ITEM: Public Hearing and final reading of Ordinance 31-12-10, which shall adopt the
amendment to the Future Land Use Element and Map Series of the 2020
Comprehensive Plan, to include objectives and policies regarding coordination
with Naval Station Mayport to achieve compatible land uses, ensure safety, and
facilitate continued presence of this major military state, as required by
§163.3175 and§163.3177(6), Florida Statutes.
SUBMITTED BY: Erika Hall
Principal Planner qf/
DATE: October 9, 2012
BACKGROUND: This public hearing is a required step in the process to amend the adopted
comprehensive plan according to the provisions of §163.3184, Florida Statutes, in that it provides an
opportunity for public review and comment. The proposed amendment was initiated by the City to
meet requirements of §163.3175 and §163.3177(6), Florida Statutes ("F.S."), for the military
coordination between the City of Atlantic Beach and Naval Station Mayport, and consists of one text
amendment to the Future Land Use Element and addition of one new map, Map A-6: Military
Influence, to the Map Series.
Pursuant to §163.3184, F.S., the Community Development Board, acting its capacity as the local
planning agency, held a public hearing and reviewed the proposed amendment at its June 19, 2012
meeting. Finding the said amendment to be consistent with the stated goals, objectives and policies of
the adopted 2020 Comprehensive Plan, as well as provisions of §163.3175 and §163.3177(6), F.S.,
unanimous recommendation was made to the City Commission for transmittal to the Department of
Economic Opportunity, Bureau of Community Planning and Development (the "Bureau") and other
reviewing agencies as required. On July 9, 2012, the City Commission held a public hearing and
concurred with the findings of the Community Development Board and unanimously voted to transmit.
On July 10, 2012, pursuant to §163.3184(3)(b), F.S., staff forwarded transmittal packages to the Bureau
and required agencies for review and comment. On August 14, 2012, the Bureau issued a letter to the
City stating that the proposed amendment had been received and reviewed and that the Bureau
"identified no comment". The City was further instructed to address any comments received from
other reviewing agencies and then either adopt, adopt with changes, or not adopt the proposed
amendment within 180 days of receipt of Bureau comments. Additional letters of"no comment" were
received from the Florida Department of Environmental Protection (August 8, 2012), the Northeast
Florida Regional Council (August 3, 2012), and the St Johns River Water Management District (July
30, 2012)within the statutory review period, and no letters were received from the remaining reviewing
agencies.
November 26,2012 regular meeting
AGENDA ITEM#7A
NOVEMBER 26,2012
BUDGET: No budget issues.
RECOMMENDATION: Motion to approve Ordinance 31-12-10 on final reading, which shall adopt
the proposed amendment to the Future Land Use Element and Map Series of the 2020 Comprehensive
Plan in accordance with §163.3184, F.S.
ATTACHMENTS: Ordinance 31-12-10
Bureau"no comment" letter dated August 14, 2012
Staff report from the July 9, 2012 meeting
REVIEWED BY CITY MANAGER:
November 26,2012 regular meeting
AGENDA ITEM#7A
NOVEMBER 26,2012
ORDINANCE NUMBER 31-12-10
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH,
FLORIDA ADOPTING AN AMENDMENT TO THE FUTURE
LAND USE ELEMENT OF THE 2020 COMPREHENSIVE PLAN
AS ORIGINALLY ADOPTED BY ORDINANCE NUMBER 31-10-
09; THIS AMENDMENT ADOPTING THE MILITARY
COORDINATION POLICIES AS REQUIRED BY 2011 HOUSE
BILL 7207, AS WELL AS A MAP DEPICTING THE MILITARY
INFLUENCE ZONE; PROVIDING FOR INTENT, AUTHORITY,
FINDINGS OF CONSISTENCY, FINDINGS OF FACT,
SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, 2011 House Bill 7207, §163.3175 and §163.3177, Florida Statues, direct
the City to adopt policies to address compatibility of development with military installations and
the exchange of information between local governments and military installations; and
WHEREAS, City staff, in conjunction with representatives of the State Land Planning
Agency and Naval Station Mayport have collaborated to create policies to address military
compatibility and coordination within the City of Atlantic Beach Comprehensive Plan; and
WHEREAS, the proposed amendment includes Map A-6 which establishes a Military
Influence Zone (MIZ), as the Future Land Use Map Series the companion to proposed
Comprehensive Plan Policies A.1.15.1 through A.1.15.5; and
WHEREAS, §163.3184(3), Florida Statutes, establishes the process for the adoption of
the Comprehensive Plan or Amendments thereto; and
WHEREAS, at a regularly scheduled meeting held on June 19, 2012,the City of Atlantic
Beach Community Development Board held a public hearing for the purpose of considering a
proposed amendment to the City of Atlantic Beach 2020 Comprehensive Plan and recommended
transmittal of the amendment to the State Land Planning Agency for comment; and
WHEREAS, on July 9, 2012 the Atlantic Beach City Commission directed City staff to
transmit the proposed amendment to the State Planning Agency for comment; and
WHEREAS, on August 14, 2012 the State Planning Agency responded that it had
identified no comment related to important state resources and facilities within the Agency's
authorized scope of review that would be adversely impacted by the amendment if adopted.
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 a required amendment
to the City of Atlantic Beach 2020 Comprehensive Plan, adopted by Ordinance Number 31-10-
09 on March 22, 2010 and previously found to be In Compliance, and to exercise the authority
AGENDA ITEM#7A
NOVEMBER 26,2012
and perform the duties as set forth within §163.3175 and §163.3177(6), Florida Statutes.
Specifically, this amendment shall adopt Policies A.1.15.1 through A.1.15.5 attached hereto as
Exhibit A, as part of the Future Land Use Element and companion Map A-6, establishing the
Military Influence Zone, attached hereto as Exhibit B, as part of the Future Land Use Map
Series.
SECTION 2. AUTHORITY. This ordinance is adopted pursuant to Chapter 163, Part
II, Florida Statutes, 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 the City's Comprehensive Plan is: (i)
consistent with the State Comprehensive Plan, §187.201, Florida Statutes; (ii) consistent with the
Northeast Florida Strategic Regional Policy Plan; (iii) consistent with §163.3175 and
§163.3177(6), Florida Statutes; and (iv) consistent with other provisions of the adopted City of
Atlantic Beach Comprehensive Plan.
SECTION 4. FINDINGS OF FACT. These amendments are found to maintain
internal consistency with the current City of Atlantic Beach Comprehensive Plan. These
amendments are 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
Florida Department of Economic Opportunity Bureau of Community Planning and
Development, Florida Department of Environmental Protection, Florida Department of
Transportation, Northeast Florida Regional Council, and St. Johns River Water Management
District,
SECTION 5. SEVERABILITY. It is declared to be the intent of the City Commission
for the City of Atlantic Beach, that, if any section, subsection, sentence, clause, item, change, or
provision of this ordinance is held invalid or unconstitutional by any court of competent
jurisdiction, such provision shall be deemed separate, distinct and independent such that the
remainder of this ordinance shall not be affected by such validity.
SECTION 6. EFFECTIVE DATE. The effective date of this plan amendment, if the
amendment is not timely challenged, shall be 31 days after the State Land Planning Agency
notifies the local government that the plan amendment package is complete. If timely
challenged, this amendment shall become effective on the date the State Land Planning Agency
or the Administrative Commission enters a final order determining this adopted amendment to be
in compliance. No development orders, development permits, or land uses dependent on this
amendment may be issued or commence before it has become effective. If a final order of
noncompliance is issued by the Administrative Commission, this amendment may nevertheless
be made effective by adoption of a resolution affirming its effective status, a copy of which
resolution shall be sent to the State Land Planning Agency.
Ordinance No. 31-12-10 Page 2 of 3
AGENDA ITEM#7A
NOVEMBER 26,2012
Passed and adopted by the Commission of the City of Atlantic Beach, Florida upon reading
and public hearing at a regular meeting held on this day of November 2012.
Mike Borno
Mayor
Approved as to form and correctness:
Alan C. Jensen,Esquire
City Attorney
Attest:
Donna L. Bartle, CMC
City Clerk
Ordinance No.31-12-10 Page 3 of 3
AGENDA ITEM If 7A
NOVEMBER 26,2012
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MAP A-6: MILITARY INFLUENCE ZONE
2010 - 2020 Comprehensive Plan Amendment Map Series
Amended November 26 2012 Orclinince No 31-12-10
AGENDA ITEM#7A
NOVEMBER 26,2012
.t i
Rick Scott Hunting F. Deutsch
GOVERNOR EXECUTIVE DIRECTOR
FLORIDA DEPARTMENT of
ECONOMIC OPPORTUNITY
August 14,2012
The Honorable Louis"Mike"Borno, Mayor
City of Atlantic Beach
800 Seminole Road
Atlantic Beach,Florida 32233-5455
Dear Mayor Borno:
The Department has completed its review of the proposed comprehensive plan amendment for
City of Atlantic Beach(Amendment No. 12-1ESR),which was received on July 16,2012. We have
reviewed the proposed amendment pursuant to Sections 163.3184(2)and(3),Florida Statutes(F.S.), and
identified no comment related to important state resources and facilities within the Agency's authorized
scope of review that will be adversely impacted by the amendment if adopted.
The City is reminded that pursuant to Section 163.3184(3)(b),F.S., other reviewing agencies have
the authority to provide comments directly to the City. If other reviewing agencies provide comments,we
recommend the City consider appropriate changes to the amendment based on those comments. If
unresolved,such comments could form the basis for a challenge to the amendment after adoption.
The City should act by choosing to adopt, adopt with changes,or not adopt the proposed
amendment. Also,please note that Section 163.3184(3)(c)1,F.S.,provides that if the second public
hearing is not held and the amendment adopted within 180 days of your receipt of agency comments,the
amendment shall be deemed withdrawn unless extended by agreement with notice to the State Land
Planning Agency and any affected party that provided comment on the amendment. For your assistance,
we have enclosed the procedures for adoption and transmittal of the comprehensive plan amendment.
If you have any questions concerning to this review,please contact Joseph Addae-Mensa,
Planning Analyst, at(850)717-8476,or by email at joseph.addae-mensa®deo.myflorida.com.
Sincerely,
(?
Ana Richmond
Regional Planning Administrator
AR/jam
Enclosure: Adoption Procedures
cc: Michael Griffin, Building and Zoning Director,City of Atlantic Beach
Ed Lehman, Director of Transportation&Community Development,Northeast Florida Regional
Council
Florida Department of Economic Opportunity;The Caldwell Building 1 107 E.Madison Street I Tallahassee, FL j 32399-4120
866.FLA.2345 i 850.245.7105 1 850.921.3223 Fax f www.FloridaJobs.orq I www.twitter.com/FLDEO I www.facebook.com/FLDEO
An equal opportunity employer/program.Auxiliary aids and services are available upon request to individuals with disabilities.All voice
telephone numbers on this document may be reached by persons using TTY/TDD equipment via the Florida Relay Service at 711.
AGENDA ITEM#7A
NOVEMBER 26,2012
CITY OF ATLANTIC BEACH
CITY COMMISSION STAFF REPORT
AGENDA ITEM: Public Hearing for proposed amendments to the Future Land Use Element and
Map Series of the adopted 2020 Comprehensive Plan, to include objectives and policies regarding
coordination with Naval Station Mayport to achieve compatible land uses, ensure safety, and facilitate
continued presence of this major military station, as required by §163.3175 and §163.3177(6), Florida
Statutes.
SUBMITTED BY: Erika Hall
Principal Planner
DATE: June 20, 2012
BACKGROUND: This public hearing is a required step in the process to amend an adopted
comprehensive plan according to the provisions of§163.3184, Florida Statutes, in that it provides an
opportunity for public review and comment. The City Commission is charged with transmittal of
proposed amendments to the state planning agency and other agencies for review, upon receipt of a
recommendation from the Community Development Board acting as the local planning agency, and
based upon establishment of findings of fact and consistency.
The proposed amendments before the Commission come as a result of the 2011 Florida Legislature's
passage of House Bill 7207 that established that designated local governments adjacent to or in close
proximity to a military installation must incorporate strategies into their comprehensive plan to
achieve compatible land uses, ensure public safety, and facilitate the continued presence of major
military installations within the state. The Legislature established a June 30, 2012 deadline for
meeting this requirement. However, because staff has been in regular contact with the Bureau of
Community Planning and Development, and has been working with their staff as well as our
Commission-appointed military liaison, Mr. Matthew Schellhorn, the City is considered to be "in
process"to compliance.
Attached Exhibit A is a draft of Objective A.1.15 and Policies A.1.15.1 through A.1.15.5, which
address these requirements as applicable to the City of Atlantic Beach, in close proximity to Naval
Station Mayport, and is presented as a text amendment to the adopted 2020 Comprehensive Plan
Future Land Use Element. The draft language is consistent with and substantially identical to the
provisions of §163.3175, F.S., and primarily serves to establish a formal relationship of coordination
between the City and Naval Station Mayport.
Attached Exhibit B is a draft of new Map A-6, Military Influence Zone, to be included in the 2020
Comprehensive Plan Map Series. This map, created using data provided by Naval Station Mayport,
shows variables of military operations and their potential impact on the City.
Recognizing the significance of Naval Station Mayport to the social and economic well-being of the
City of Atlantic Beach, the Community Development Board reviewed the proposed amendments at its
June 19, 2012 meeting, and found said amendments to be consistent with the stated goals, objectives,
and policies of the adopted 2020 Comprehensive Plan, as well as the provisions of §163.3175 and
§163.3177(6), Florida Statutes, and thereby recommends to the City Commission transmittal of the
July 9,2012 regular meeting
AGENDA ITEM#7A
NOVEMBER 26,2012
proposed amendments to the Department of Economic Opportunity, Bureau of Community Planning
and Development and other reviewing agencies as required.
If the Commission concurs that the proposed amendments are substantially complete and ready to be
transmitted, staff will forward transmittal packages to the Bureau and the other state agencies (listed
below) for their review and comment.
• Florida Department of Agriculture and Consumer Services
• Florida Department of Education
• Florida Department of Environmental Protection
• Florida Department of State
• Florida Department of Transportation
• Florida Fish and Wildlife Conservation Commission
• Naval Station Mayport
• Northeast Florida Regional Council
• St Johns River Water Management District
The Bureau will issue a comment letter within 60 days of receipt of a complete transmittal package (30
days for other reviewing agencies), and the City will then have 180 days from receipt of agency
comments to hold a public hearing for the purpose of adoption of the proposed amendments.
RECOMENDATION: Motion to direct transmittal of proposed amendments to the adopted 2020
Comprehensive Plan in accordance with Chapter 163, Florida Statutes.
ATTACHMENTS: Community Development Board minutes, draft text document and map.
REVIEWED BY CITY MANAGER: