Ordinance No. 90-14-221v ORDINANCE NO. 90-14-221
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH,
DUVAL COUNTY, FLORIDA, REZONING PARCEL
IDENTIFICATION NUMBER 177649-0000 FROM
COMMERCIAL LIMITED (CL) AND RESIDENTIAL
MULTI-FAMILY (RG-M) TO A SPECIAL PLANNED AREA
(SPA) AS PERMITTED BY SECTIONS 24-116 THROUGH
24-126 OF THE CODE OF ORDINANCES TO ALLOW A
MAXIMUM OF EIGHTY (80) RESIDENTIAL UNITS,
PROVIDING FOR SPECIAL CONDITIONS; PROVIDING
FINDINGS OF FACT; PROVIDING FOR CONFLICT;
PROVIDING FOR SEVERABILITY; AND PROVIDING AN
EFFECTIVE DATE AND RECORDING.
WHEREAS, the City Commission of the City of Atlantic Beach, Florida, finds the
application for a Special Planned Area (SPA) at 201 Mayport Road by the Beaches Habitat for
Humanity, Inc. shall provide for orderly growth; encourage the appropriate use of land; protect
and improve the health, safety, comfort, good order, appearance, and general welfare of the
public and serve to continue consistency with the Comprehensive Plan; and
WHEREAS, in the City's duty to protect the public and in order to support the growth
and future enhancements of the Mayport Road corridor, the Beaches Habitat for Humanity, Inc.
agrees to conditions as detailed in this ordinance which may only be altered by the City
Commission; and
WHEREAS, after required notice was published, a public hearing was held by the
Community Development Board on the 19th day of November 2013 at 6:00 p.m. A public
hearing was held on the 24th day of February 2014. Introduction and First Reading of the
proposed ordinance by the City Commission was held on the 10th day of March 2014 at 6:30 p.m.
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Second Reading of the proposed ordinance and a public hearing to hear, consider and adopt said
ordinance was held on the 24th day of March 2014 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. Zoning Change Approved. That the application of the Beaches Habitat for
Humanity, Inc., the property title owner of record as indicated in file number SPA-13-00100075,
along with supporting documentation for the Special Planned Area submitted to the City of
Atlantic Beach, Florida on October 16th, 2013, which is attached hereto as Exhibit A and
incorporated as part of this ordinance, is approved and the zoning classification shall be changed
for approximately 7.2 acres as described by the legal description of parcel identification number
177649-0000 attached hereto as Exhibit B from Commercial Limited (CL) and Residential
Multi-Family (RG-M)to a Special Planned Area (SPA) as permitted by Sections 24-116 through
24-126 of the Code of Ordinances to allow a maximum of eighty (80) residential units.
SECTION 2. Development. That development of the lands within this Special
Planned Area shall proceed in accordance with the application of the Beaches Habitat for
Humanity, Inc., in file number SPA-13-00100075, along with supporting documentation, and
incorporated as Exhibit A by reference and made part of this ordinance.
SECTION 3. Special Condition. Development within this Special Planned Area
shall be similar to and consistent with the design concepts, architectural designs, quality of
building materials to be used, styles depicted within renderings and drawings as contained
within the application in Exhibit A and presented before the City Commission.
Moreover, the Beaches Habitat for Humanity, Inc. agrees to the following special
conditions, and that each of the following conditions may be enforced as zoning rules and
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regulations pursuant to the City's Charter, ordinances and Florida Statutes:
1. The City acknowledges the intention of Beaches Habitat for Humanity, Inc. is to
establish the 201 Mayport Home Owners Association, Inc., or a differently named
home owners association with a similar purpose ("HOA") and thereafter transfer
rights, responsibilities and obligations to the HOA while maintaining a voting seat.
In the event that the City determines the HOA is unable or unwilling to comply with
the provisions of this Ordinance, Beaches Habitat for Humanity, Inc. shall re-assume
control of the HOA relating to the following:
a. Common Areas and Maintenance Areas shall be defined in Exhibit B;
b. Beaches Habitat for Humanity, Inc. shall provide necessary funding to
finance the maintenance, repair and upkeep of the Common Areas and
Maintenance Areas;
c. Beaches Habitat for Humanity, Inc. shall own and maintain the community
center;
d. Beaches Habitat for Humanity, Inc. shall maintain all retention ponds, storm
water and drainage systems;
e. No property within the SPA may be rented;
f. Beaches Habitat for Humanity, Inc. is obligated to maintain, upkeep, and
repair the condition of all Common Areas and Maintenance Areas in an
attractive condition as originally installed including, but not limited to: repair
and replace roofs; gutters; downspouts; paint or stain exterior building
surfaces, including doors and door trim; and windows.
g. In the event that title to any portion of the property is conveyed to the City,
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Beaches Habitat for Humanity, Inc. agrees to remain responsible and
obligated to maintain all landscaped areas, walkways, recreational facilities
and signs within the right-of-ways and alleys.
2. An intent of this Section is to ensure maintenance activities are completed as
necessary or desirable to maintain an attractive uniform appearance of each property.
3. For a period of thirty (30) years, Beaches Habitat for Humanity, Inc.'s
responsibilities and obligations under this ordinance are not assignable or
transferable without prior approval and an amendment to this Ordinance by the City
Commission for Atlantic Beach.
SECTION 4. Findings of Fact. The need and justification for approval of the Beaches
Habitat for Humanity's application have been reviewed and considered in accordance with
the Comprehensive Plan, Land Development Regulations and applicable zoning regulations
whereby the City Commission finds:
A. The application for a change in zoning to a Special Planned Area from Commercial
Limited (CL) and Residential Multi-Family (RG-M), has been considered fully
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.
B. The Beaches Habitat for Humanity's application for a Special Planned Area is
consistent with the 2020 Comprehensive Plan Future Land Use Map, as amended, and
the future land use designation of Residential High Density. Moreover, the proposed
project is generally compatible with the adjacent properties.
C. The Beaches Habitat for Humanity's application for a Special Planned Area is
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consistent with the Land Development Regulations, specifically Division 6,
establishing standards for Special Planned Areas. Further, the specific land to be
redeveloped consisted previously of a higher residential density, ninety-eight (98)
multi-family complex, and said lands to be redeveloped are not composed of open
land, water, marsh and wetland areas.
D. The Beaches Habitat for Humanity's application for a 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 the Comprehensive Plan.
E. The Beaches Habitat for Humanity's application for a Special Planned Area is
consistent with the stated definition, intent and purpose of Special Planned Areas
relating to a change in zoning and the site development plan.
F. The zoning district designation of a Special Planned Area and the specific uses and
special conditions as set forth herein are consistent and compatible with surrounding
development and the proposed site development plan 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. Conflict. In the event of any conflict between the request and supporting
documentation contained in Exhibit A and this ordinance, the provisions of this ordinance shall
prevail. If any portion of this ordinance is in conflict with any portion of any other ordinance,
then the provisions of this ordinance shall govern. To the extent they do not conflict with the
unique specific provisions of this Special Planned Area, all provisions of the Land Development
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Regulations, as such may be amended from time to time, shall be applicable to this
development; except that modifications 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. Severability. If any section, sentence, clause or phrase of this ordinance is
held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding
shall in no way affect the validity of the remaining portions of this ordinance.
SECTION 7. Effective Date and Recording. 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.
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PASSED by the City Commission on first reading this 10th day of March 2014.
PASSED by the City Commission after public hearing on second and final reading this
24th day of March 2014.
CAROL C'4l
Mayor, Presiding Officer
ATTEST:
DO A L. BARTLE,
City Clerk
Approv-• .s to form and correctness:
•
RICHARD KOMANDO,
City Attorney
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