Ordinance No. 90-13-216 v ORDINANCE NUMBER 90-13-216
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, REZONING
LANDS AS DESCRIBED HEREINAFTER FROM PLANNED UNIT
DEVELOPMENT (PUD) TO SPECIAL PLANNED AREA (SPA), SAID
LANDS TO BE KNOWN AS THE ATLANTIC BEACH COUNTRY CLUB
SPA; PROVIDING FOR SPECIAL CONDITIONS; PROVIDING
FINDINGS OF FACT; PROVIDING A SAVINGS CLAUSE; REQUIRING
RECORDATION; AND PROVIDING AN EFFECTIVE DATE.
RECITALS
WHEREAS, the City Commission of the City of Atlantic Beach, Florida hereby fmds
that the change in Zoning District designation enacted by this Ordinance shall provide for orderly
growth; encourage the appropriate use of land; protect and conserve the value of property;
prevent the overcrowding of land;promote,protect and improve the health, safety, comfort, good
order, appearance, convenience, and general welfare of the public and serve to establish
consistency with the Comprehensive Plan, and
WHEREAS, after required notice was published, a public hearing was held by the
Community Development Board on the 16th day of April 2013 at 6:00 p.m. Introduction and
first reading of the proposed Ordinance by the City Commission was held on the 10th day of June
2013 at 6:30 p.m. Second reading of the proposed Ordinance and a public hearing to hear,
consider and adopt said Ordinance was held on the 8th day of July 2013 at 6:30 p.m.
NOW THEREFORE,BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF
THE PEOPLE OF THE CITY OF ATLANTIC BEACH,FLORIDA:
SECTION 1. That, as requested by Rogers Towers, P.A. on behalf of Atlantic Beach
Partners, LLC, as authorized by Selva Marina Country Club, Inc, the title owner of record as
identified in the application (File Number REZ-13-00100048) along with supporting documents
for the zoning change submitted to the City of Atlantic Beach, Florida on March 25, 2013
hereinafter known as the Atlantic Beach Country Club Special Planned Area (SPA)
application, which is attached to and made part of this Ordinance, the zoning classification of
lands as described by legal description within Exhibit A is hereby changed to Special Planned
Area.
SECTION 2. That development of the lands within this Special Planned Area shall
proceed in accordance with the Atlantic Beach Country Club Special Planned Area application
and exhibits, as attached to this ordinance, first filed March 25, 2013, and other supporting
documents, which are a part of File Number REZ-13-00100048, and incorporated by reference
into and made part of this Ordinance. In the case of conflict between the application, the
supporting documents, and the provisions of this Ordinance, the provisions of this Ordinance
shall prevail.
SECTION 3. Special Conditions:
Ordinance No. 90-13-216/Page 1 of 3
1. Development within this Special Planned Area shall be similar to and consistent with
the design concept and architectural designs and styles depicted within renderings and
drawings as contained within the Special Planned Area application, which are made
part of this Special Planned Area Ordinance.
2. Prior to the commencement of development under this Special Planned Area, the
Applicant shall record a Recreation and Conservation Easement encumbering the
portion of the Property which will be subject to Golf Course uses as described herein
(excluding the practice facilities to be located south of the internal roadway), and the
Recreation and Conservation Easement will limit uses on such portion of the Property
to recreational uses and conservation/greenspace, including the Golf Course uses
described in this Special Planned Area, in perpetuity.
SECTION 4. Findings of Fact: The need and justification for approval of the Atlantic
Beach Country Club SPA have been considered in accordance with the Comprehensive Plan
and the Zoning, Subdivision and Land Development Regulations and,whereby, it is found that:
1. This request for rezoning has been fully considered following a public hearing before and
a recommendation from the Community Development Board and after public hearing
before the City Commission with legal notice duly published as required by law.
2. This request for rezoning, and the detailed plan of development, is consistent with the
2020 Comprehensive Plan Future Land Use Map, as amended, and the designations of
those lands as described within this application as Residential, Low Density.
3. This rezoning from Planned Unit Development to Special Planned Area is consistent with
the Land Development Regulations in that the specific land to be redeveloped pursuant to
this SPA has consisted of previous uses defined by the Land Development Regulations as
residential and recreational, and said lands to be redeveloped are not composed of open
land,water,marsh and wetland areas.
4. This Special Planned Area does not adversely affect the orderly development of the City,
as embodied within Chapter 24, specifically Article III, Division 6 of the Land
Development Regulations, and within Comprehensive Plan.
5. The proposed Special Planned Area is consistent with the Land Development
Regulations, specifically Division 6, establishing standards for Special Planned Areas.
This rezoning and development of this Special Planned Area will proceed in accordance
with Chapter 24, Article III, Division 6 and will accomplish the objectives and meet the
Standards and Criteria of Section 24-121, as well as Article IV, Division 5, of this
Chapter.
6. The zoning district designation of Special Planned Area,and the specific uses and special
conditions as set forth within this Special Planned Area, are consistent and compatible
Ordinance No. 90-13-216/Page 2 of 3
with surrounding development, and the proposed Special Planned Area will not adversely
affect the health and safety of residents in the area and will not be detrimental to the
natural environment or to the use or development of adjacent properties or the general
neighborhood.
SECTION 5. To the extent they do not conflict with the unique specific provisions of
this Special Planned Area Ordinance, all provisions of the Land Development Regulations, as
such may be amended from time to time, shall be applicable to this development; except that
modification to this Special Planned Area by variance or special use shall be prohibited except as
allowed by the Land Development Regulations, and except to the degree that the development
may qualify for vested rights in accordance with applicable ordinances and laws.
Notwithstanding any provision of this ordinance, no portion of any Building Code,
Comprehensive Plan or any regulation aside from those set forth within the Land Development
Regulations shall be deemed waived or varied by any provision herein.
SECTION 6. This Ordinance shall take effect immediately upon its final passage and
adoption and shall be recorded in a book kept and maintained by the Clerk of the City of Atlantic
Beach, Duval County,Florida, in accordance with Section 125.68, Florida Statutes.
Passed upon first reading by the City Commission of the City of Atlantic Beach this 10th
day of June 2013. Passed and enacted, upon fmal reading and public hearing and adoption
this g*ti day of fu-ly 2013.
kMike1/144:1-
Mike
Bomo
Mayor/Presiding Officer
Appro'• '. to form and correctness:
Air i
Sip
• ensen, Esquire
City , orney
Attest:
Donna L. Bartle, CMC
City Clerk
Effective Date: 8i (0/3
Ordinance No. 90-13-216/Page 3 of 3