Ordinance No. 31-19-13ORDINANCE NO. 31-19-13
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH,
COUNTY OF DUVAL, STATE OF FLORIDA, AMENDING
THE FUTURE LAND USE MAP OF THE 2030
COMPREHENSIVE PLAN TO CHANGE THE
DESIGNATION OF THOSE LANDS DESCRIBED IN
ATTACHED EXHIBIT A FROM RESIDENTIAL LOW (RL)
TO COMMERCIAL (CM); PROVIDING FOR CONFLICT;
PROVIDING FOR SEVERABILITY; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Atlantic Beach, Florida hereby finds that
the change in Future Land Use Map designation 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, the lands subject to this change in Future Land Use Map designation were
developed in the 1940s through the 1970s and included commercial uses prior to the City's adoption of the
first Comprehensive Plan and associated Future Land Use Map; and
WHEREAS, the Community Development Board held a duly noticed public hearing on
March 20, 2019, to consider this Ordinance, found it to be consistent with the City's
Comprehensive Plan and voted to recommend that the City Commission approve this Ordinance;
and
WHEREAS, the City Commission considered this Ordinance after proper public notice
and comments from staff and the public.
NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON
BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA:
SECTION 1. Findings of Fact. The above recitals are hereby incorporated as Findings of Fact in
support of this Ordinance, and the City Commission finds as follows:
a. This change in future land use map designation 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 Sections 24-51, 24-62 and the Land Development Regulations.
b. The proposed Future Land Use Map amendment to Commercial (CM) is consistent the
goals, policies and objectives of the City's adopted Comprehensive Plan.
c. All development within lands subject to this change in future land use map designation to
Commercial (CM) and any future development shall be consistent with the zoning,
subdivision, Land Development Regulations and other applicable provisions of the
Atlantic Beach Code of Ordinances prior to issuance of local permits authorizing
construction or site alteration.
d. The future land use map designation of Commercial (CM) is consistent and compatible
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with the surrounding development and future land use map designation in that the
adjoining properties to the east are already designated Commercial (CM) and allow
commercial uses.
SECTION 2. Affected Properties. Pursuant to this change in Future Land Use Map designation
procedure, the Future Land Use Map designation of those certain lands within the City of Atlantic
Beach, as more particularly described in Exhibit A, attached hereto and made a part hereof, are
hereby reclassified from Residential Low (RL) to Commercial (CM).
SECTION 3. Future Land Use Map Revised. The Director of Planning and Community
Development is hereby directed to revise the official Future Land Use Map of the City of Atlantic
Beach to reflect the change in Future Land Use designation for those properties described in
Exhibit A from Residential Low (RL) to Commercial (CM) and to submit documentation to the
Florida Department of Economic Opportunity as required by Section 163.3187, Florida Statutes.
SECTION 4. Conflict. All ordinances, resolutions, official determinations or parts thereof
previously adopted or entered by the City or any of its officials and in conflict with this Ordinance
are repealed to the extent inconsistent herewith.
SECTION 5. Severability. If a Court of competent jurisdiction at any time finds any provision
of this Ordinance to be unlawful, illegal, or unenforceable, the offending provision shall be deemed
severable and removed from the remaining provisions of this Ordinance which shall remain in full
force and intact.
SECTION 6. Effective Date. This ordinance shall take effect upon final reading and approval.
PASSED by the City Commission on first reading this 8M day of ►� 92019.
PASSED by the City Commission on second and final reading this 2-Z day of
rI ,2019.
CITY OF ATLANTIC BEACH
Ellen Glasser, Mayor
Attest:
4041'wl- r�f& 1't&
Donna
L. Bartle, City Clerk
Approved as to form and correctness:
4� /� . 1h 3 t4., —
B enna . Durd n City Attorney
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Exhibit A
The lands subject to this Ordinance No. 31-19-13 changing their Future Land Use designation
form Residential Low (RL) to Commercial (CM) shall be those described below. All Book and
Page information can be found in the current public records of Duval County, Florida.
Address
RE Number
Legal Description
51 Robert Street
172224-0010
Lots 9 and 10, Block 3 Donner's Replat, Book 19, Page 16
35 Robert Street
172224-0000
Lot 8, Block 3 Donner's Replat, Book 19, Page 16
0 Lewis Street
172223-0000
Lot 7, Block 3 Dormer's Replat, Book 19, Page 16
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