Ordinance No. 31-12-10ORDINANCE 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
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
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 26th day of November 2012.
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Mike Borno
Mayor
Approved as to form and correctness:
. Jensen, Esquire
Attorney
Attest:
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Donna L. Bartle, CMC
City Clerk
Ordinance No. 31-12-10 Page 3 of 3
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MAP A-6: MILITARY INFLUENCE ZONE
2010 - 2020 Comprehensive Plan Amendment Map Series
Amended November 26,201 2 Ordinance No 31-12-10