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Ordinance No. 90-19-244ORDINANCE NO. 90-19-244 AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL, STATE OF FLORIDA, REZONING THOSE LANDS DESCRIBED IN ATTACHED EXHIBIT A FROM RESIDENTIAL, SINGLE-FAMILY (RS -2) TO SPECIAL PLANNED AREA (SPA); PROVIDING FINDINGS OF FACT; REQUIRING RECORDATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Atlantic Beach, Florida hereby fmds 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 are vacant; and WHEREAS, the Community Development Board held a duly noticed public hearing on September 17, 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 Special Planned Area (SPA) is consistent with the Residential Low Density (RL) 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 Special Planned Area (SPA) and any future development shall be consistent with the provisions of Exhibit B & C, attached hereto and made a part hereof, written descriptions, subdivision, Land Development Regulations and other applicable provisions of the Atlantic Beach Code of Ordinances that are not inconsistent with Exhibit B & C prior to issuance of local permits authorizing construction or site alteration. d. The zoning district classification of Special Planned Area (SPA) is consistent and compatible with the surrounding development and zoning districts in that the adjoining 1 properties to the north, east and south are designated Residential, Single -Family (R-2) and could be developed with single-family homes up to 6 units per acre. The property to the west is zoned Special Purpose (SP) and used as a salvage yard. This district is intended for a limited single use that does not fit within the conventional zoning district. 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, Single -Family (RS -2) to Special Planned Area (SPA). This reclassification grants authority for only three single-family homes and limited conservation uses on three lots. Any proposed use on said lands shall be reviewed and approved in accordance with the provisions of Chapter 24, Land Development Regulations and this Ordinance. SECTION 3. Zoning Map Revised and Subdivision Required. 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 Single -Family (RS -2) to Special Planned Area (SPA). The owner of said lands shall be required to obtain a replat of the lands from the City of Atlantic Beach prior to any development permits for the subject properties. 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 214-4 day of Ocko her 2019. PASSED by the City Commission on second and final reading this 121* day of N Ov.wr b' (, 2019. Attest: Ofe0M1A- il/.6111Lti& Donna L. Bartle, City Clerk Approved as to form and correctness: en CityAttorneyY CITY •,' • TLANTIC BEACH len Glasser, Mayor 2 Exhibit A The lands subject to this Ordinance No. 90-19-244 changing their zoning district designation from Residential, Single Family (RG -2) to Special Planned Area (SPA) 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 590 Jasmine St. 170891-0010 Lots 1 and 2, Block 120, Section "H", Atlantic Beach, Plat Book 18, Page 34 0 Jasmine St. 170891-0030 Lot 3, Block 120, Section "H", Atlantic Beach, Plat Book 18, Page 34 0 Jasmine St. 170891-0040 Lots 4, 5, and 6, Section "H", Atlantic Beach, Plat Book 18, Page 34 3 tiD N Il•75•. 1`,s8°'m•rn•1 Exhibit B Zero Lot Line Layout Take the six Tots and combine them, and then split them into 3 lots facing West 6th Street Homes will have 6'-11' of their own property between them and their neighbor 1500:11506 -,1-\ r row >a-"-_ i 0 1Platy u••u1e 1/6 a6r4'ri:LJw'— s4,5&6may 9y as conservation uses 1 5.5•15'14.1 5,54 SPA Written Description yw I Dal 6'-Sa 5 •5. 5.5 --.--... -- 50.00•rC/r. 4x3201ot LANTI C CA65 1. C- 50 A `A ` 307c320 lot 34320 lot 5*.W+C1V1 27x45' house 27'x 58' house 5 00431,5 5 06'l5'10• 5 5 00.11.16• 0510,56h 112pn 6S- ... %2_601_ .._ -So ow rah wo L 2E Jl:4.. .;i( I:.6r §•Y= s JASMINE. S MEET _ --.44L'-^-1%-g10.3 ."" LAI --- - - - ri1-1n6._. ib' (S0' RA BY PLM) Sdn -•- ___,:t., --_ Exhibit C A. The following shall be permitted on the property in the locations shown on the Exhibit B, the zero lot layout plan, attached hereto and made a part hereof. 1. Lots 1, 2 and 3 each developed as 34' x 320' single-family lots with frontage on 6th Street West. 2. Former lots 4, 5, and 6 may only be used for conservation purposes. Defined as nature preserves, public natural resource-based parks, and passive recreational uses and facilities as need to support such uses. 13.No lots shall be further subdivided. B. Development Standards: 1. Combine the existing six (6) lots into three (3) single-family lots fronting on 6th Street West 2. 34' x 320' lot size (10,880 square feet per lot) 3. No side yard setback on eastern side of structures (zero lot line) 4. 6' 11" side yard setback on western side of structures 4 5. Minimum 20' front yards 6. Maximum 20% lot coverage 7. Develop as single-family 8. Maximum 1,900 square feet of heated and cooled area 9. Mechanical equipment (AC) placed in rear yard, behind buildings 10. Saves all but one (1) of the existing trees 11. Former lots 4, 5, and 6 may only be used for conservation purposes. Defined as nature preserves, public natural resource-based parks, and passive recreational uses and facilities as need to support such uses. 12. All lots will comply with drainage requirements C. Infrastructure Electric and telecommunication lines shall be installed underground in accordance with the policies of the utility provider. The Developer is responsible for the provision, construction and maintenance of any required potable water and sanitary sewer facilities in accordance with the terms and requirements of the City of Atlantic Beach Utility Department and other applicable governmental agencies. Sanitary sewer, facilities to be constructed by the Developer shall be connected to the City's central wastewater system. The development shall conform to the requirements of both the St. Johns River Water Management District and the City of Atlantic Beach for storm water storage and disposal. Drainage plans for the development shall be submitted to the City's Building and Public Works Departments for approval as part of an application for a development permit pursuant to the Code of Ordinances. D. Access Access will be provided to this SPA development by utilizing the existing 6th Street West city roadway. E. Phases Development pursuant to this SPA shall be in a single phase. 5