Ordinance No. 90-13-217 v ORDINANCE NUMBER 90-13-217
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH,
COUNTY OF DUVAL, STATE OF FLORIDA, CHANGING THE
ZONING DISTRICT CLASSIFICATION OF LANDS DESCRIBED
WITHIN ATTACHED EXHIBIT A FROM PLANNED UNIT
DEVELOPMENT (PUD) TO RESIDENTIAL, SINGLE-FAMILY
(RS-1), PROVIDING FINDINGS OF FACT, REQUIRING
RECORDATION AND PROVIDING AN EFFECTIVE DATE.
RECITALS
WHEREAS, the City Commission of the City of Atlantic Beach, Florida hereby
finds that the change in zoning classification 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 implement the goals and objectives of the Comprehensive Plan,and
WHEREAS, a previous change in the zoning district classification of the lands
subject to this change from Residential, Single-Family (RS-1) to Planned Unit
Development (PUD) was initiated by the applicant as the result of a Joint Venture
Agreement and merger incorporating said lands into the Selva Residential Planned Unit
Development and enacted by Ordinance Number 90-09-209 on September 14, 2009,and
WHEREAS, the lands subject to this change in zoning classification were not
developed according to the Selva Residential Planned Unit Development and said Joint
Venture Agreement has since dissolved,and
WHEREAS, the lands subject to this change in zoning district classification are
not of sufficient size to meet the minimum size requirements for a Planned Unit
Development,and
WHEREAS, after required notice, public hearings were held on the 16th day of
April 2013 at 6:00 p.m. by the Community Development Board, and on the 10th day of
June 2013 at 6:30 p.m. and on the 8th day of July 2013 at 6:00 p.m. by the City
Commission to hear and enact said Ordinance.
NOW THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON
BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH,FLORIDA:
Ordinance No. 90-13-217/Page 1 of 3
SECTION 1. The above Recitals are hereby incorporated as Findings of Fact in
support of this Ordinance, and the City Commission further finds as follows:
a. This change in zoning district classification has been fully considered after public
hearings with legal notice duly published as required by law and has met the
procedural requirements as set forth in Section 24-62 of the Land Development
Regulations.
b. The proposed rezoning to Residential, Single-Family(RS-1) is consistent with the
Future Land Use Map designation of Residential, Low Density of the City's
adopted Comprehensive Plan.
c. All development pursuant to this rezoning to Residential, Single-Family (RS-1)
and any future subdivision to create new lots shall be consistent with the Zoning,
Subdivision and Land Development Regulations for the City of Atlantic Beach
prior to issuance of local permits authorizing construction or site alteration.
d. The zoning district classification of Residential, Single-Family (RS-1) is
consistent and compatible with surrounding development in that the surrounding
uses are existing single-family or future single-family residential uses, and
recreational uses.
SECTION 2. Pursuant to this change in zoning district classification procedure,
the zoning district classification of those lands as described in the Legal Description,
attached hereto as EXHIBIT A are upon enactment of this Ordinance reclassified from
Planned Unit Development(PUD)to Residential, Single-Family(RS-1).
SECTION 3. To the extent that they do not conflict with the unique, specific and
detailed provisions of this Ordinance, all provisions of the Code of Ordinances for the
City of Atlantic Beach as such may be amended from time to time shall be applicable to
development and use of lands referenced herein except to the degree that development
may qualify for vested rights in accordance with applicable ordinances and laws.
Furthermore, notwithstanding any provisions of this ordinance, no portion of any
ordinance, building code, Comprehensive Plan or any other regulation shall be deemed
waived or varied by any provision herein.
SECTION 4. This Ordinance 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.
SECTION 5. This Ordinance shall become effective on the date passed and
enacted by final reading. Upon the effective date of this Ordinance,the change in zoning
classification shall be recorded on the Official Zoning Map, as maintained in the Building
and Zoning Department by the Building and Zoning Director or designated
administrative official.
Ordinance No. 90-13-217/Page 2 of 3
Passed on first reading and public hearing by the City Commission of the City of
Atlantic Beach this 10th day of June,2013. Passed on final reading and public hearing
this 8th day of July,2013.
Mike Borno
Mayor/Presiding Officer
Approv-d as to form and correctness:
'�
,
_ / .
'rap' ensen, Esquire
,e Attorney
Attest:,941/0211) A VA
Donna L. Bartle, CMC
City Clerk
Effective Date: X1.4- 4�, 2E /0
Ordinance No. 90-13-217/Page 3 of 3