Ordinance No. 90-19-241ORDINANCE NO. 90-19-241
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
DESIGNATIONS OF CERTAIN PORTIONS OF "JOHNSTON ISLAND"
FROM COMMERCIAL (CM) AND RESIDENTIAL LOW DENSITY (RL) TO
RECREATION/OPEN SPACE (R/O) AND FROM RESIDENTIAL LOW
DENSITY (RL) TO COMMERCIAL (CM); PROVIDING FINDINGS OF
FACT; 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 changes in Future Land I_Jse Map designations 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 designations 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, pursuant to Ordinance No. 31-04-03, adopted on November 8, 2004, the
lands subject to this Ordinance, commonly known as "Johnston Island", are currently designated
on the Future Land Use Map as Commercial (.5 acre), Residential Low Density (3.6 acres) and
Conservation (3.4 acres); and
WHEREAS, any portion of the Property, as defined by the submitted legal description,
which was designated Residential, Low Density on the applicable Future Land Use Map pursuant
to Ordinance Number 31-04-03 but are not expressly delineated in Exhibit B, as described below,
shall be changed from Residential, Low Density to Commercial.
WHEREAS, the Community Development Board held a duly noticed public hearing on
May 21, 2019, to consider the proposed Future Use Land Map changes to certain portions of
"Johnston Island" and this Ordinance, found the proposed changes to be consistent with the
City's Comprehensive Plan and voted to recommend that the City Commission approve the
proposed changes and this Ordinance; and
WHEREAS, the City Commission has considered the proposed changes and this
Ordinance after proper public notice, public hearings and receiving 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:
01140977-1 Page 1 of 3
SECTION 1. Findings of Fact. The above recitals are hereby incorporated as Findings of Fact
in support of this Ordinance, and the City Commission further finds as follows:
a. The proposed changes to the Future Land Use Map designations have been fully
considered after public hearings with legal notice duly published as required by law and
have met the procedural requirements as set forth in Sections 24-51, 24-62 of the Land
Development Regulations.
b. The proposed Future Land Use Map amendments from Commercial and Residential Low
Density to Recreation and Open Space and from Residential Low Density to Commercial
are consistent with the goals, policies and objectives of the City's adopted 2030
Comprehensive Plan.
c. All development within the land subject to these changes in Future Land Use Map
designations to Recreation and Open Space (ROS) and 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 designations of Recreation and Open Space (ROS) and
Commercial (CM) are consistent and compatible with the surrounding development and
Future Land Use Map designations.
e. That portion of the Property (as defined below) designated as Conservation on the Future
Land Use Map shall remain Conservation.
SECTION 2. Affected Properties.
a. The Future Land Use Map designations of a portion of those certain lands within the City
of Atlantic Beach commonly known as "Johnston Island", as more particularly described
in Exhibit A, attached hereto and made a part hereof (the "Property") and as shown on
Exhibit B, Corner Key Future Land Use Map dated May 28, 2019, attached hereto and
made a part hereof, are hereby reclassified as follows:
(i) Commercial and Residential Low Density to Recreation Open Space — 1.1 acres.
(ii) Residential Low Density to Commercial — 3.0 acres.
b. That portion of the Property designated as Conservation on the Future Land Use Map
pursuant to Ordinance No. 31-04-03 shall remain Conservation — 3.4 acres.
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 changes in Future Land Use designations for certain portions of the Property
described in Exhibit A and as shown on Exhibit B from Commercial (CM) and Residential Low
Density to Recreation/Open Space (R/O) and from Residential Low Density (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.
01140977-1 Page 2 of 3
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 10"4 day of JUnC , 2019.
PASSED by the City Commission on second and final reading this (x -T LL4qday of
2019.
CITY OF ATLANTIC BEACH
�C
El n Glasser, Mayor
Attest:
Donna L. Bartle, City Clerk
Approved as to form and correctness:
7TUa4 AA . XV
✓ 4,0-�
Br M. Dur , City Attorney
01140977-1 Page 3 of 3
EXHIBIT A
Page 1 of 2
Survey and Legal Description
TRACT 1; THAT PART OF UNSURVEYED FRACTIONAL SECTION 19. TOWNSHIP 2 SOUTH,
RANGE 29 EAST, LYING NORTH OF THE 100 ROOT RIGHT-OF-WAY OF ATLANTIC
BOULEVARD AND LYING EAST OF UNSURVEYED FRACTIONAL SECTION 24. TOWNSHIP 2
SOUTH, RANGE 28 EAST. AND LYING SOUTH OF UNSURVEYED FRACTIONAL SECTION - 18.
TOWNSHIP 2 SOUTH, RANGE 29 EAST. AND LYING WEST OF ALINE 200 FEET EASTERLY
(MEASURED' ALONG THE NORTH RIGHT -OF --WAY UNE OF ATLANTIC BOULEVARD) OF AND
PARALLEL TO THE EAST 500 FOOT RIGHT-OF-WAY OF THE INTRACOASTAL WATERWAY AS
SHOWN ON A MAP RECORDED. IN PLAT BOOK 14 PAGE 70, OF THE CURRENT PUBLIC
RECORDS OF DUVAL COUNTY, FLORIDA.
SUBJECT HOWEVER, TO THE EASEMENT OF THE UNITED STATES OF AMERICA IN AND TO
THE 500 FOOT RIGHT -OF- VIAY OF THE INTRACOASTAL WATERWAY DESCRIBED IN DEED
RECORDED IN DEED BOOK 592 PAGE 257. SAID PUBLIC RI;CCIROS, AND SHOWN ON A MAP
RECORDED IN FLAT BOOK 14 PAGE 7.0. SAID PUBLIC RECORDS. �
SUBJECT FURTHER HOWEVER, TOT HE INTEREST OF THE UNITED STATES OF AMERICA AS
'SET FORTH IN INSTRUMENTS RECORDED IN DEED BOOKS 698 AT PAGES 421, 424. 427,
437. 440, 444, 448 SAID PUBLIC RECORDS. AND BY INSTRUMENT RECORDED IN DEET?
BOOK 809 PAG€ 167, SAID PUBLIC RECORDS.
TRACT 2:- SECTION 24, TOWNSHIP 2 SOUTH, RANGE 28 FAST. LYING EAST OF THE CENTER
OF THE INTRACOASTAL CANAL AS THE WATERS IN THE SAME NOW FLOW; SAID PARCEL OF
LAND BEING ALSO DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
COMMENCING AT THE POINT WHERE THE EASTERN BOUNDARY OF SAID SECTION 24,
TOWNSHIP 2. RANGE 28 EAST, INTERSECTS THE NORTHERN BOUNDARY OI~ SAID SECTION
24, RUNNING THENCE SOUTH TO A POINT 200 FEET. MORE OR LESS, SOUTH Or ATLANTIC
BOULEVARD WHERE SAID EASTERN BOUNDARY OF SECTION 24 INTERSECTS THE CSNTER
LINE OF THE INTRACOASTAL CANAL AS TAE WATER IN THE SAME NOW FLOW TO WHERE
SAID CENTER LINE INTERSECTS THE NORTHERLY BOUNDARY OF SAID SECTION 24. THENCE
EAST ALONG THE NORTHERLY BOUNDARY OF SAID SECTION 24 TO THE POINT OF
BEGINNING; SUBJECT TO EASEMENT FOR THI: CANAL AND THE RIGHT-OF-'#VAY OF ATLANTIC
BOULEVARD AS NOW LOCATED.
EXHIBIT A
Page 2 of 2
Awn 2m
WHN5710M 15LANQ"
w FART OF SECTION 24, T0WN5/Y1t' 2 30UTN, RANGC 2d fA5 r AND A
FART' 01- UN5URVF M MCT ZONAL SECTION 19, rOWN50if 2 50UM RANGC 29 &5T,
JACK50NV2Lg. DUVAL COUNT}; FLORIDA
rl
EXHIBIT B to Ordinance No. 90-19-241
., n rn iR..� r�I1SE
Rry Ets my Iff OF wwmm Im1my _
SPAM
0 /- 80 AND ECEAIION
COMMERCIAL
SCALE FEET .-
APPROMMAIE
TER UTE"
MEAN HIGH
�r
OPEN SPACE
/ AND RECREATION
1.1 ACRES
P
Q
COMMERCIAL 111jr
O �
U
/nAC
(L�
* LO ACR -
.n. ph rm n o r " ays
RIV PER VAT. "UM
ATLANTIC BOULEVARD / SR 10
r
1
CORNER KEY
FUTURE LAND USE MAP
5/28/19
*Commercial Acreage is estimated
based on previous FLUM Amendment Kimley)))Horn