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
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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
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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
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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
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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.
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