Exh 8CAGENDA ITEM #8C
SEPTENII3ER 8, 2003
ORDINANCE NUMBER: 90-03-183
AN ORDINANCE OF TI-IE CITY OF ATLANTIC BEACH, COUNTY OF
DUVr1L, STATE OF FLORIDA, ADOPTING ORDINANCE NUMBER 90-
03-183, RE-DESIGNATING THOSE AREAS SHOWN ON TIIE
GEOGRAPI-IIC LOCATION MAP, ATTACFIED AS EXHIBIT A, FROM
COMMERCIAL GENERAL (CG) TO CENTRAL BUSINESS. DISTRICT
(CBD) CONSISTENT WITH SECTION 24-114, AS ENACTED BY
ORDINANCE 90-O1-172, WI-IICH ESTABLISHED THE CENTRAL
BUSINESS DISTRICT CLASSIFICATION, PROVIDING FINllINGS OF
FACT, 12EQUIRING 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 25th
day of August 2003 at 7:15 p.m. and on the 08th day of September 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 Central Business District (CBD) is
consistent with the Comprehensive Plan and the Future Land Use Designation of General
Commercial.
c. The change in Zoning District designation to Central Business District (CBD) is
consistent with the Section 24-114 of the Land Development Regulations for the City of
Atlantic Beach.
d. The change in Zoning District designation to Central Business District (CBD) is
consistent and compatible with surrounding development.
Ordinance 90-03-I 83 Page 1 of 3
AGENDA ITEM #8C
SEPTEAIllER 8, 2003
SECTION 2. Pursuant to this change in Zoning District designation procedure, the
Zoning District classification of those lands within the City of Atlantic Beach Florida designated
as Commercial General (CG), and limited to those as depicted on the Geographic Location Map,
attached as EXI3IBIT A, shall be re-designated as Central Business District (CBD).
SECTION 3. To [he 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
Atl~intic 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 125.63,
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 25th day of August 2003.
Passed on final reading and public hearing this 03th day of September 2003.
JOI.1N S. MESERVE
Mayor/Presiding Officer
Approved as to form and correctness:
ALAN C. JENSEN, ESQUIRE
City Attorney
Attest:
MAUREEN KING
City Clerk
Ordinance 90-03-183 Page 2 of 3
AGENDA ITEnI N8C ,
SEPTEMBER 8, 2003
E~HIBfT A
;(Shaded area .indicates proposed.
Central Business. District:).
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Exhibit R'"to Ordinance 90-0183 ;Page::3 of:3