Exh 7BAGENDA ITEM 7B
FEBRUARY 10, 2003
CITY OF ATLANTIC BEACH
CITY COMMISSION STAFF REPORT
AGENDA ITEM: Change in zoning district designation to reclassify lands designated
on the zoning map from Open Rural (OR) to Conservation (CON).
SUBMITTED BY: Sonya Doerr, AICP SD
Community Development Director
DATE: January 31, 2003
BACKGROUND: This is the first of two required readings and public hearings to re-
designate those lands that remain classified on the City's zoning map as Open Rural (OR) to
the new zoning designation of Conservation (CON). The Open Rural category was eliminated
as a zoning district with amendments to the Zoning and Land Development Regulations that
became effective January O1, 2002. This change in designation will make the zoning map
consistent with the Conservation land use designation as established by the Future Land Use
Map of the adopted 2005 Comprehensive Plan for the City of Atlantic Beach and also
consistent with Ordinance 90-01-172, which eliminated the Open Rural Zoning District
classification and established the Conservation Zoning District classification.
BUDGET: No budget issues.
RECOMMENDATION: Motion to approve upon first reading a change in zoning district
designation to reclassify lands designated on the zoning map from Open Rural (OR) to
Conservation (CON) a dopting the proposed ordinance w ith findings a s included within said
ordinance. (A second reading and second public hearing are advertised for Monday, February
24, 2001 at 7:15 p.m.)
ATTACHMENTS: Proposed Ordinance and geographi~ocation map.
REVIEWED BY CITY MAN
AGENDA ITEM 7B
FEBRUARY 10, 2003
ORDINANCE NUMBER: 90-03-179
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL,
STATE OF FLORIDA, ADOPTING ORDINANCE NUMBER 90-03-179, RE-
DESIGNATING THOSE AREAS SHOWN ON THE GEOGRAPHIC LOCATION MAP,
ATTACHED AS EXHIBIT A, FROM OPEN RURAL (OR) TO CONSERVATION
(CON), CONSISTENT WITH THE CONSERVATION LAND USE DESIGNATION AS
ESTABLISHED BY THE FUTURE LAND USE MAP OF THE ADOPTED 2005
COMPREHENSIVE PLAN FOR THE CITY OF ATLANTIC BEACH AND
CONSISTENT WITH ORDINANCE 90-O1-172, WHICH ELIMINATED THE OPEN
RURAL ZONING DISTRICT CLASSIFICATION AND ESTABLISHED THE
CONSERVATION ZONING DISTRICT CLASSIFICATION, PROVIDING FINDINGS
OF FACT, REQUIRING RECORDATION; AND PROVIDING AN EFFECTIVE DATE.
RECITALS
WHEREAS, the City Commission for the City of Atlantic Beach, Florida hereby finds
that the public health, safety and welfare of citizens are protected and enhanced by the enactment
of this ordinance, and
WHEREAS, the change in Zoning District designation enacted by this ordinance shall
provide for orderly growth; encourage the most 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 accomplish and implement the goals and objectives of the Comprehensive Plan, and
WHEREAS, after required notice was published, public hearings were held on the 10th
day of February 2003 at 7:15 p.m. and on the 24th day of February 2003 at 7:15 p.m. 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:
SECTION 1. The above recitals are hereby incorporated as Findings of Fact in support
of this Ordinance, and the City Commission finds as follows:
a. The change in Zoning District designation has been fully considered after public hearing
with legal notice duly published as required by law.
b. The change in Zoning District designation to Conservation (CON) is consistent with the
Comprehensive Plan and the Future Land Use Designation of Conservation.
c. The change in Zoning District designation to Conservation (CON) is consistent with the
` Land Development Regulations for the City of Atlantic Beach.
d. The change in Zoning District designation to Conservation (CON) is consistent and
' compatible with surrounding development.
Ordinance 90-03-179 Page 1 of 2
AGENDA ITEM 7B
FEBRUARY 10, 2003
SECTION 2. Pursuant to this change in Zoning District designation procedure, the
Zoning District classification of all those lands within the City of Atlantic Beach Florida
designated as Open Rural (OR), as depicted on the Geographic Location Map, attached as
EXHIBIT A, shall be re-designated as Conservation (CON) Zoning District.
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
provision 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, Zoning and Community
Development Department by the Community Development Director or designated administrative
official.
Passed on first reading and public hearing by the City Commission of the City of Atlantic
Beach this 10th day of February 2003.
Passed on final reading and public hearing this 24th day of February 2003.
JOHN S. MESERVE
Mayor/Presiding Officer
Approved as to form and correctness:
_. ALAN C. JENSEN, ESQUIRE
City Attorney
Attest:
MAUREEN KING
City Clerk
Ordinance 90-03-179 Page 2 of 2
AGENDA ITEM 7B
FEBRUARY 10, 2003
EXHIBIT A
Geographic Location Map
of lands classified as Open Rural (OR)
to be re-classified as Conservation (CON)
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