Ordinance No. 90-16-224 v ORDINANCE 90-16-224
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH,
DUVAL COUNTY, FLORIDA, DESIGNATING ANNEXED
PROPERTY WITH ZONING OF A SPECIAL PLANNED
AREA (SPA) AS PERMITTED BY THE CODE OF
ORDINANCES; PROVIDING FOR CONFLICT;
PROVIDING FOR SEVERABILITY; AND PROVIDING AN
EFFECTIVE DATE AND RECORDING.
WHEREAS, the City of Jacksonville and the City of Atlantic Beach entered into an
Interlocal Agreement on July 31, 2013, specific to a Special Planned Area (REZ 13-001-00057)
for the Atlantic Beach Country Club; and
WHEREAS, the City Commission of the City of Atlantic Beach, Florida, found
previously the application for a Special Planned Area (SPA) (REZ 13-001-00057) would 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, the City of Jacksonville and the City of Atlantic Beach agreed certain land
is logical for annexation and on May 11, 2015, entered into an Interlocal Service Boundary
Agreement to facilitate said annexation, and to address the provision of services and
infrastructure to said land (See Duval County Official Records Book 17162, Page 885; and City
of Atlantic Beach Ordinance 12-15-4); and
WHEREAS,the City of Atlantic Beach and the City of Jacksonville have complied with
the procedural requirements contained in Chapter 171, Part II, Florida Statutes; and
WHEREAS, the proposal for annexation, amendments to the comprehensive plan and
zoning changes were transmitted to the Florida Department of Economic Opportunity (DEO)
who identified no comment related to important state resources and facilities within the DEO's
authorized scope of review; and
Ordinance 90-16-224
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WHEREAS, following annexation, the City of Atlantic Beach desires to designate
zoning for the portion of the Atlantic Beach Country Club which is specifically set forth in this
ordinance; and
WHEREAS, a duly advertised public hearing was conducted on Tuesday, September 15,
2015, after 6:00 P.M. by the Atlantic Beach Community Development Board (CDB), acting as
the Local Planning Agency; and the CDB provided its recommendation to the City Commission
of the City of Atlantic Beach, Florida; and
WHEREAS, the City Commission of the City of Atlantic Beach, Florida considered the
recommendation(s) of the CDB at a duly advertised public hearing held on Monday, September
28, 2015, and Monday, October 26, 2015, after 6:00 P.M. and approved the proposed
comprehensive plan and zoning changes required for annexation;
NOW THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON
BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA:
Section 1. Adoption and Incorporation of Recitals. The City Commission of the City of
Atlantic Beach, Florida hereby adopts the above recitals and incorporates them herein as a part of
this ordinance.
Section 2. Property Description. The following real property, a portion of the Atlantic
Beach Country Club, is specifically described as:
THAT CERTAIN TRACT OR PARCEL OF LAND BEING A PORTION OF
GOVERNMENT LOTS 7, 8, 9, 10, 15 AND 16, OF SECTION 8, ALL IN
TOWNSHIP 2 SOUTH, RANGE 29 EAST, DONNER'S REPLAT AS
RECORDED IN PLAT BOOK 19, PAGES 16 AND 16A OF THE PUBLIC
RECORDS OF DUVAL COUNTY, FLORIDA, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF THE FERRER GRANT,
SECTION 38, TOWNSHIP 2 SOUTH, RANGE 29 EAST; THENCE NORTH
06°45'00" WEST, 2073.94 FEET TO THE LINE DIVIDING SAID SECTION 8
AND SECTION 17 FOR A POINT OF BEGINNING; THENCE SOUTH
89°28'50" WEST, ALONG SAID SECTION LINE, 764.29 FEET TO THE
SOUTHWEST CORNER OF THE EAST (1/2) OF GOVERNMENT LOT 15 OF
SAID SECTION 8; THENCE NORTH 00°31'10" WEST, ALONG THE
Ordinance 90-16-224
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WESTERLY BOUNDARY LINE OF SAID EAST (1/2) OF GOVERNMENT
LOT 15, 1324.81 FEET TO THE SOUTHERLY BOUNDARY OF
GOVERNMENT LOT 10 OF SAID SECTION 8; THENCE ALONG THE
SOUTHERLY BOUNDARY OF SAID LOT 10, SOUTH 89°03'10" WEST,
355.77 FEET TO THE SOUTHEAST CORNER OF FAIRWAY VILLA AS
RECORDED IN PLAT BOOK 39, PAGE 22 OF SAID PUBLIC RECORDS;
THENCE NORTH 01°23'15" WEST, ALONG THE EASTERLY LINE OF
SAID FAIRWAY VILLA, 1875.00 FEET; THENCE NORTH 88°36'45" EAST,
470.00 FEET; THENCE NORTH 51°45'15" EAST, 404.23 FEET TO THE
MOST WESTERLY CORNER OF SEVILLA GARDENS UNIT 2, AS
RECORDED IN PLAT BOOK 45, PAGE 7 OF SAID PUBLIC RECORDS;
THENCE SOUTHEASTERLY ALONG THE SOUTHWESTERLY LINE OF
SAID SEVILLA GARDENS UNIT 2 AND A SOUTHEASTERLY
PROLONGATION THEREOF, ALONG THE ARC OF A CURVE THAT IS
CONCAVE TO THE NORTHEAST AND HAS A RADIUS OF 4069.72 FEET,
A DISTANCE OF 1088.60 FEET AS MEASURED ALONG A CHORD
BEARING SOUTH 47°06'35" EAST, THENCE NORTH 59°36'55" EAST,
90.85 FEET; THENCE SOUTH 30°27'05" EAST, 187.60 FEET; THENCE
ALONG A CURVE THAT IS CONCAVE TO THE NORTHEAST AND HAS A
RADIUS OF 4069.72 FEET, A DISTANCE OF 118.00 FEET, AS MEASURED
ALONG A CHORD BEARING SOUTH 58°35'55" EAST; THENCE SOUTH
12'22'05" EAST, A DISTANCE OF 46.00 FEET, MORE OR LESS, TO AN
INTERSECTION WITH THE WESTERLY SHORELINE OF A DRAINAGE
DITCH AND/OR CANAL; THENCE SOUTHERLY ALONG THE
WESTERLY SHORELINE OF SAID DRAINAGE DITCH AND/OR CANAL,
2026.00 FEET MORE OR LESS TO A POINT, SAID POINT BEING ON A
WESTERLY PROLONGATION OF THE SOUTH LINE OF LOT 1, BLOCK 9,
SELVA MARINA UNIT 5, AS RECORDED IN PLAT BOOK 30, PAGES 29
AND 29A OF SAID PUBLIC RECORDS; THENCE NORTH 78°03'10" EAST,
32.00 FEET TO THE SOUTHWEST CORNER OF SAID LOT 1; THENCE
SOUTH 14°44'41" WEST ALONG THE EASTERLY CITY LIMITS LINE OF
THE CITY OF JACKSONVILLE, 521.37 FEET TO AN INTERSECTION
WITH SAID SECTION LINE DIVIDING SECTION 8 AND 17; THENCE
SOUTH 89°28'50" WEST, ALONG SAID SECTION LINE, 1028.42 FEET TO
THE POINT OF BEGINNING.
Section 3. Zoning Designated. The prior application of Atlantic Beach Partners, LLC, as
indicated in file number REZ 13-001-00057, along with supporting documentation for the
Special Planned Area submitted to the City of Atlantic Beach, Florida, and incorporated as part
of this ordinance, is continued and the zoning classification shall be a Special Planned Area
(SPA). (See the Exhibit A, which is attached hereto and incorporated herein by reference).
Ordinance 90-16-224
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Section 4. Conflict. In the event of any conflict between this ordinance and the prior
approval of the City Commission of the City of Atlantic Beach, the provisions of the prior
approval and related terms and conditions shall prevail. To the extent they do not conflict
with the unique specific provisions of this Special Planned Area, all provisions of the Land
Development 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 5. 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 6. 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.
Ordinance 90-16-224
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PASSED with a quorum present and voting, by the City Commission of the City of
Atlantic Beach, Florida, in regular session, on first reading this 1 1th day of January 2016.
PASSED AND DULY ADOPTED with a quorum present and voting, by the City
Commission of the City of Atlantic Beach, Florida, in regular session, this 25th day of January
2016.
CITY COMMISSION OF THE CITY OF
ATLANTIC BEACH,FLORIDA
MITCHELL E. REEVES
Mayor
ATTEST:
DONNA L. BARTLE
City Clerk
Approve as to form and correctness:
RICHARD KOMANDO
City Attorney
Ordinance 90-16-224
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