Ordinance No. 90-19-243ORDINANCE NO. 90-19-243
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) AND COMMERCIAL GENERAL (CG)
TO TRADITIONAL MARKETPLACE (TM);
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
July 16, 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 Traditional Marketplace (TM) is consistent with the Marsh Oaks
Business District Future Land Use Map designation and the goals, policies and objectives
of the City's adopted Comprehensive Plan.
c. All development within lands subject to this rezoning to Traditional Marketplace (TM) 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 Traditional Marketplace (TM) is consistent and
compatible with the surrounding development and zoning districts in that the adjoining
properties to the east are designated Commercial, General (CG) and allow commercial
Ordinance No. 90-19-243 Page 1 of 3
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) and Commercial General (CG) to Traditional Marketplace (TM).
This reclassification does not grant authority for any specific uses on said lands. Any proposed use
on said lands shall be reviewed and approved in accordance with the provisions of Chapter 24, Land
Development Regulations.
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)
and Commercial General (CG) to Traditional Marketplace (TM).
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 /2"lay of/1/901, 2019.
PASSED by the City Commission on second and final reading this
2041
day of
Allis -i- , 2019.
Attest:
411/nA, OrAald&
Donna L. Bartle, City Clerk
Approved as to form and correctness:
ci— J c,,,
Dur it
Ordinance No. 90-19-243
Attorneyy
CITY OF • L • NTIC BEACH
El - n Glasser, Mayor
Page 2 of 3
Exhibit A
The lands subject to this Ordinance No. 90-19-243 changing their zoning district designation
from Residential General (RG) and Commercial General (CG) to Traditional Marketplace (TM)
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
1820 Mayport Rd. 172075-0100 Part of Government Lot 3, Section 17, Township 2 South,
being Parcel 3
1830 Mayport Rd. 172075-0200 Part of Government Lot 3, Section 17, Township 2 South,
being Parcel 4
1844 Mayport Rd. 172236-0010 North 1/2 of Lot 3 and North 100 feet of Lot 4, Block 4,
Donner's Replat, Book 19, Page 16 &16A
1850 Mayport Rd. 172075-0000 Part of Government Lot 3, Section 17, Township 2 South,
being Parcel 2
27 Edgar St. 172236-0000 Lot 4 (except north 100 ft.), Block 4, Donner's Replat,
Book 19, Page 16 & 16A
Ordinance No. 90-19-243 Page 3 of 3