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Ordinance No. 90-21-246ORDINANCE NO. 90-21-246 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 DESIGNATION OF THOSE LANDS DESCRIBED IN ATTACHED EXHIBIT A FROM RESIDENTIAL LOW DENSITY (RL) AND RESIDENTIAL MEDIUM DENSITY (RM) TO RESIDENTIAL HIGH DENSITY (RH); 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 future land use 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 were largely developed 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 20, 2021, 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 land use 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 Section 24-51 of the Land Development Regulations and Chapter 163, Florida Statues, for small scale map amendments. b. The proposed future land use amendment to Residential High Density (RH) is consistent with the goals, policies and objectives of the City's adopted Comprehensive Plan. c. All development within lands subject to this future land use amendment 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 designation of Residential High Density (RH) is consistent and compatible with the surrounding development and zoning districts. SECTION 2. Affected Properties. Pursuant to this change in land use designation procedure, the Ordinance No.90-19-246 Page 1 of 3 future land use designation 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 Low Density (RL) and Residential Medium Density (RM) to Residential High Density(RH). 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. 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 change in future land use for those properties described in Exhibit A from Residential Low Density (RL) and Residential Medium Density (RM) to Residential High Density RH). 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 23rd day of August, 2021. PASSED by the City Commission on second and final reading this I ' day of S'apfe,r)ker, 2021. CITY OF LAN IC BEACH E en Glasser, Mayor Attest: G'2 irt „f/Sz4,&e._. Donna L. Bartle, City Clerk Approved as to form and correctness: Bre Durdety Attorney Ordinance No.90-19-246 Page 2 of 3 Exhibit A The lands subject to this Ordinance No. 90-21-246 changing their future land use designation from Residential Low Density (RL) and Residential Medium Density (RM) to Residential High Density (RH) 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 275 Sailfish Dr.170579-0010 LOTS 580, 587, 588, 589, 590, 591,AND 592, SECTION NO. 1, SALTAIR,AS RECORDED IN PLAT BOOK 10, PAGE 8 OF THE CURRENT RECORDS OF DUVAL COUNTY, FLORIDA AND LOT 17, BLOCK 27, ROYAL PALMS UNIT TWO A, AS RECORDED IN PLAT BOOK 30, PAGES 1, 1A, 1B, 1C, AND 1D OF THE CURRENT PUBLIC RECORDS OF DUVAL COUNTY, FLORIDA; TOGETHER WITH A PORTION OF THE CASTRO-Y- FERRER GRANT, SECTION 38, TOWNSHIP 2 SOUTH, RANGE 29 EAST Ordinance No.90-19-246 Page 3 of 3