Exh 7AAGENDA ITEM #7A
NOVEMBER 26, 2001
CITY OF ATLANTIC BEACH
CITY COMMISSION STAFF REPORT
AGENDA ITEM: Second reading and public hearing for an administrative rezoning
initiated by the City of Atlantic Beach
SUBMITTED BY: Sonya Doerr, AICP, Community Development Director
DATE: November 15, 2001
BACKGROUND: This. is the second of two required readings and public hearings to
rezone an area of the "core city" -from RG-1 to RS-2. The current RG-1 zoning allows atwo-
family (duplex) dwelling to be constructed ona 5000 square foot lotwith'minimum lot width
of 50 feet. The rezoning to RS-2 will limit this area to single-family uses and those two-family
dwellings which now exist (provided these were constructed with proper Building Permits.)
This rezoning was considered by the Community Development Board at the October 17, 2001
meeting, and a unanimous recommendation of approval was made. The first reading of the
ordinance was approved at the November 12, 2001 meeting. of the City Commission.
If it is the desire of the Commission to allow a period of time during which property owners in
this. area may proceed with plans to develop duplex units, the following provision, which is
proposed as Section 6 of the attached rezoning ordinance, maybe considered.
SECTION 6. Snecial Conditions. For a period of one (~ wear from the effective
RECOMMENDATION: Mofion to approve REZ-2001-02, an administrative rezoning to
Residential, Single-family (RS-2) for lands as described within attached Exhibit A, adopting
the proposed ordinance and upon findings as included within said ordinance.
ATTACHMENTS: Proposed ordinance and supporting
REVIEWED BY CITY
relations includine the Florida Buildine Code and the Zoning: Subdivision and Land
Development Reeulations as set forth within Chanter 24 of the Code of Ordinances for the Citv
of Atlantic Beach.
AGENDA ITEM #7A
NOVEMBER 26, 2001
city of Atlantic ::each
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AGENDA ITEM #7A
NOVEMBER 26, 2001
ORDINANCE NUMBER: 90-O1-173
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH,
COUNTY OF DUVAL, STATE OF FLORIDA, ADOPTING
ORDINANCE NUMBER 90-01-173, REZONING LANDS AS
DESCRIBED HEREINAFTER FROM THE PRESENT ZONING
CLASSIFICATION OF RESIDENTIAL GENERAL, TWO-FAMILY
(RG-i) TO RESIDENTIAL, SINGLE-FAMILY (RS-2) PROVIDING
FINDINGS OF FACT, REQUIRING RECORDATION;. AND
PROVIDING AN EFFECTIVE DATE.
RECITALS
WHEREAS, the City Commission for the City of Atlantic Beach, Florida hereby finds
that the public health, safety and welfare of citizens aze protected and enhanced by the enactment
of this ordinance, and
WHEREAS, the zoning change enacted by this ordinance shall provide for orderly
growth; encourage the most 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 serve to accomplish
and implement the goals and objectives of the Comprehensive Plan; and
WHEREAS, after required notice was published, public hearings were held on the 12th
day of November, 2001 at 7:15 p:m. and on the 26th day of November, 2001 at 7:15 p.m. to hear
and enact said Ordinance.
NOW THEREFORE, BE IT ENACTED BY THE .CITY COMMISSION ON
BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA:
.SECTION 1. Upon consideration of the application, supporting documents,
recommendation of the Community Development Boazd, and conunents''from the staff and
citizens at the public hearings, the above recitals are hereby incorporated as Findings of Fact in
support of this Ordinance, and the. City Commission finds as follows:
a. The request for rezoning has been fully considered after public hearing with legal notice
duly published as required by law.
b. The rezoning to Residential, Single-family (RS-2) is consistent with the Comprehensive
Plan and the Future Land Use Designation of Residential, Medium Density.
c. The rezoning to Residential, Single-family (RS-2) is consistent with the zoning and land
development regulations for the City of Atlantic Beach.
d. The zoning district designation of Residential, Single-family (RS-2) is consistent and
compatible with surrounding development.
Ordinance 90-O1-173 Page i of2
AGENDA ITEM #7A
NOVEMBER 26, 2001
SECTION 2. Pursuant to this rezoning procedure, .(File Number REZ 2001-02) the
zoning classification of Residential General, two-family (RG-1) of the lands described within the
.legal description, attached as EXHIBIT A,
is hereby changed to Residential, Single-family. (RS-2).
SECTION 3. To the extent that they do not conflict with the unique, specific and
detailed provisions of this Ordinance, all provisions of the Code of Ordinances for the City of
Atlantic Beach as such may be amended from time to time shall be applicable to development
and use of lands referenced herein except to the degree that development may qualify for vested
rights in accordance with applicable ordinances and laws. Furthermore, notwithstanding any
provision of this ordinance, no portion of any ordinance, building code, Comprehensive Plan or
any other regulation shall be deemed waived or varied by any provision herein.
SECTION 4. This Ordinance shall be recorded in a book kept and maintained by the
Clerk of the City of Atlantic Beach, Duval County, Florida, in accordance with Section 125.68,
Florida Statutes.
SECTION 5. This ordinance shall become effective on the date passed and enacted by
final reading. Upon the effective date of this Ordinance, the zoning classification shall be
recorded on the official Zoning Map as maintained in the Building, Zoning and Community
Development Department by the Community Development Director or designated. administrative
official.
SECTION 6. Special Conditions. For a period of one (1) year from the effective date
of this Ordinance, property owners or their lawful assigns shall be entitled to seek and obtain
Building Permits to construct aTwo-family (Duplex) Dwelling upon lands described herein;
provided. that such Development shall be in compliance with all other applicable regulations
including the Florida Building Code and the Zoning .Subdivision and ':Land Development
Regulations as set forth within Chapter 24 of the Code of Ordinances for the City of Atlantic
Beach.
Passed on first reading and public hearing by the City Commission of the City of Atlantic
Beach this 12th day of November, 2001.
Passed on final reading and public hearing this th of November, 2001.
JOHN S. MESERVE
Mayor/Presiding Officer
Approved as to form and correctness:
ALAN C. JENSEN, ESQUIItE
City Attorney
Attest:
MAUREEN KING
City Clerk
Ordinance 90-01-173 Page 2 of 2
AGENDA ITEM #7A
NOVEMBER 26, 2001
EXHIBIT A
LEGAL DESCRIPTIONS OF RGl PROPERTIES BEING REZONED
ALL OF NIII,BERT HOMES SUBDIVISION
ALL OF FLOYDS CAMP REPEAT
LOTS 1, 3, 5, 7, 9, 11, 13, 15, 17, 19, 21, 23, Z5, 31, 32 BLOCK 2
ATLANTIC BEACH SUBDIVISION A
LOTS 1-26 BLOCK 3, ATLANTIC BEACH SUBDIVISION A
LOTS i-28 BLOCK 4, ATLANTIC BEACH SUBDIVISION A
LOTS 1-35 BLOCK 5, ATLANTIC BEACH SUBDIVISION A
ALSO IN BLOCK 5
PT LYING W OF PT OF LQT 34 RECORDED IN OR BK 8451 PAGE 1077
STRIP LYING W OF PT OF LOTS 32 & 34 RECORDED IN OR BK 8897 PAGE 62
STRIP LYING W OF PT LOTS 32 & 34 RECORDED IN OR BK 7582. PAGE 1599
N 26.67 FT OF S 150 FT OF UNNUMBERED LOT LYING WEST OF PROPERTY
DESCRD3ED AS N 26.67 FT OF W 15.25 FT LOT 32, N 26.67 FT OF LOT 34
RECORDED IN OR BK 82,43 PAGE 2361
S 26.67 FT OF N 150 FT OF UNNU'VIBERED LOT LYING WEST OF PROPERTY
DESCRIBED ASS 26.67 FT OF LOTS 33, 35 RECORDED TNOR BK 7723-0052
UNYUbIBERED STRIP LYING W OF S 26.84 FT OF' N 123.33 FT LOTS 33 AND 35
RECORDED IN OR BK 8798 PAGE 0251
UNNUMBERED STRIP LYING W OF S 26.49 FT OF N 96.49 FT LOTS.33 AND 35
RECORDED IN OR BOOK 9616 PAGE 1956
STRIP LYING W OF PT LOTS 33 AND 35 RECORDED IN OR BOOK 7886 PAGE 415
ALSO IN BLOCK 6
PT OF UNNUMBERED TRACT. W OF LOT 36 RECORDED IN OR BOOK 4603
PAGE 25S
LOTS 2, 4, 6, 8,10,12,14,16,18, 20, 22, 24, 26, 28, 30, 32, 34,36 BLOCK 6
ATLANTIC BEACH SUBDIVISION A PLAT 1
LOTS 12-31 ATLANTIC BEACH TERRACE
LOTS 538-549 SALTAIIi SECTION 3
LOTS 643-647 SALTAIR SECTION 1
AGENDA ITEM #7A
NOVEMBER 26, 2001
LEGAL DESCRII'TIONS OF RGl PROPERTIES BEING REZONED
PAGE -2-
LOTS 666-670 SALTAiR SECTION 1
LOTS 677-681 SALTAIR SECTION 1
LOTS 684-688 SALTAII2 SECTION 1
LOTS 693-697 SALTAIl2 SECTION 1
LOTS 700-703 SALTAII2 SECTION 1
LOTS 718-720 SALTAIR SECTION 1
LOT 735 SALTAIR SECTION 1