Ordinance No. 90-19-239ORDINANCE NO. 90-19-239
AN ORDINANCE OF THE CITY OF ATLANTIC
BEACH, COUNTY OF DUVAL, STATE OF FLORIDA,
REZONING THOSE LANDS DESCRIBED IN
ATTACHED EXHIBIT A FROM RESIDENTIAL,
GENERAL (RG) TO COMMERCIAL GENERAL (CG);
PROVIDING FINDINGS OF FACT; REQUIRING
RECORDATION; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City Commission of the City of Atlantic Beach, Florida hereby finds that
the change in zoning classification 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 zoning classification were largely developed
in 1971 prior to significant changes to the Land Development Regulations and the Official Zoning 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 zoning district classification 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 rezoning to Commercial General (CG) will be consistent with the Future
Land Use Map designation and the goals, policies and objectives of the City's adopted
Comprehensive Plan if the accompanying Future Land Use Map amendment Ordinance
No. 31-19-13 changing the Future Land Use map designation to Commercial (CM) is
approved.
c. All development within lands subject to this rezoning to Commercial General (CG) 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 zoning district classification of Commercial General (CG) is consistent and
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compatible with the surrounding development and zoning districts in that the adjoining
properties to the east are already zoned Commercial General (CG) and allow
commercial uses.
SECTION 2. Affected Properties. Pursuant to this change in zoning district designation
procedure, the zoning district classification 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 General (RG) to Commercial General (CG).
SECTION 3. Zoning Map Revised. The Director of Planning and Community Development is
hereby directed to revise the official Zoning Map of the City of Atlantic Beach to reflect the change
in zoning classification for those properties described in Exhibit A from Residential General
(RG) to Commercial General (CG).
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 04 day of i'► � , 2019.
PASSED by the City Commission on second and final reading this %z�j day of
2019.
CITY OF ATLANTIC BEACH
Ellen Glasser, Mayor
Attest:
aade-'
Donna L. Bartle, City Clerk
Approved as to form and correctness:
—%W"o 'd- -J�
Z'1'
Bra-btke , ity Attorney
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The lands subject to this Ordinance No. 90-19-239 changing their zoning district designation
form Residential General (RG) to Commercial General (CG) 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
0 Lewis Street 172223-0000 Lot 7, Block 3 Donner's Replat, Book 19, Page 16
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