ENACTED 8/25/09
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Introduced by the Land Use and Zoning Committee:
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ORDINANCE 2009-621-E
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AN ORDINANCE ADOPTING A REMEDIAL AMENDMENT TO THE
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2010 COMPREHENSIVE PLAN PURSUANT TO THE FINAL
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ORDER ISSUED BY THE GOVERNOR AND CABINET OF
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FLORIDA SITTING AS THE ADMINISTRATION COMMISSION
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DATED JUNE 10, 2009 REGARDING CITY OF JACKSONVILE
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ORDINANCE 2007-355-E; ADOPTING AND APPROVING THE
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FINAL ORDER ISSUED BY THE GOVERNOR AND CABINET OF
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FLORIDA SITTING AS THE ADMINISTRATION COMMISSION
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DATED JUNE 10, 2009 REGARDING CITY OF JACKSONVILE
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ORDINANCE 2008-315-E; AND PROVIDING AN EFFECTIVE
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DATE.
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WHEREAS, the City of Jacksonville/Duval County adopted Ordinance
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2007-355-E on May 14, 2007, which changed the land use designation for
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a 77.22-acre parcel at 13911 Atlantic Boulevard on the west side of the
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Intracoastal Waterway from Water Dependent/Water Related (WD/WR)and
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Agriculture IV (AGR IV) to Community/General Commercial (CGC); and
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WHEREAS,
the City of Jacksonville/Duval County adopted Ordinance
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2008-315-E on June 10, 2008, which modified the definition of Coastal
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High Hazard Area (CHHA) found in Conservation/Coastal Management
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Element Policy 7.3.1, by allowing site specific data to be used to
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determine whether a parcel lies outside of the CHHA; and
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WHEREAS,
the
above
Comprehensive
Plan
Amendments
(Plan
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Amendments) were submitted to the Florida Department of Community
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Affairs (DCA) for review, as the state land planning agency, pursuant
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to the Local Government Comprehensive Planning and Land Development
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ENACTED 8/25/09
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Regulation Act, Chapter 163, Part II, Florida Statutes; and
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WHEREAS, the DCA contended that the Plan Amendments were not in
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compliance as defined by the Local Government Comprehensive Planning
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and Land Development Regulation Act, Chapter 163, Part II, Florida
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Statutes; and
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WHEREAS, pursuant to Section 163.3184(10), Florida Statutes, the
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DCA initiated formal administrative proceedings challenging the Plan
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Amendments (DOAH Case Nos. 07-3539GM & 08-4193GM); and
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WHEREAS, after a formal hearing, the Administrative Law Judge
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issued a Recommended Order finding portions of the Plan Amendments in
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compliance,
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compliance (ALJ Recommended Order); and
and
finding
portions
of
the
Plan
Amendments
not
in
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WHEREAS, the ALJ Recommended Order was forwarded to the Governor
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and Cabinet of Florida, sitting as the Administration Commission, for
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final agency action; and
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WHEREAS, pursuant to Senate Bill 360, which became law on June 1,
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2009, the City of Jacksonville/Duval County became a transportation
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concurrency exception area, and pursuant to Section 3 of Chapter 2009-
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96, Laws of Florida, the Plan Amendments have been therefore “deemed to
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meet the requirement to achieve and maintain level-of-service standards
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for transportation”; and
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WHEREAS, after public hearing, the Governor and Cabinet of
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Florida, sitting as the Administration Commission, issued a Final Order
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dated June 10, 2009 (Administration Commission Final Order), directing
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the City of Jacksonville to undertake remedial actions as described
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therein, and attached hereto as Exhibit 1; and
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WHEREAS, the Land Use and Zoning Committee held a duly noticed
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public hearing regarding the Administration Commission Final Order
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dated June 10, 2009; and
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WHEREAS, the City Council held a duly noticed public hearing
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ENACTED 8/25/09
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regarding the Administration Commission Final Order dated June 10,
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2009; now, therefore
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BE IT ORDAINED by the Council of the City of Jacksonville:
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Section 1.
Purpose and Intent.
This ordinance is adopted to
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implement
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Commission Final Order dated June 10, 2009.
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the
Section 2.
remedial
actions
mandated
by
the
Administration
Adoption of Remedial Comprehensive Plan Amendment
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and Adoption of Administration Commission Final Order dated June 10,
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2009.
The Council hereby adopts and approves the Administration
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Commission Final Order dated June 10, 2009, and all remedial actions
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contained therein as follows:
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(a)
Redevelopment of the Moody shipyard shall be restricted by
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the
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comprehensive plan through this remedial amendment as permitted by
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Section 163.3184(16), Florida Statutes:
following
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which
are
hereby
adopted
into
the
(1)
Residential development shall not exceed 590 dwelling
(2)
Marina-related
units.
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provisions,
specialty
retail
(including
club,
retail, and restaurant activities) shall not exceed 6,500 square feet.
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(3)
The total number of marina slips (wet and dry) will not
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exceed 650.
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units shall not exceed 550 slips.
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marina slips that shall be made available to the general public on a
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first-come
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constructed, shall comply with the requirements of the current Florida
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Clean Marina Program, as designated by state law.
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The number of marina slips dedicated to the 590 dwelling
first-serve
(4)
basis
The minimum number of authorized
shall
be
100.
The
marina,
when
All residential uses and commercial uses (other than
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boat channels, basins, docks, slips, and ramps) shall be confined to
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the areas of the existing disturbed site and spoil site, but in any
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event only above the mean high water line.
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ENACTED 8/25/09
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(5)
All
residential
uses
shall
be
located
above
the
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elevation of the category 1 storm surge line as established by the Sea,
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Lake and Overland Surges from Hurricanes (SLOSH) computerized storm
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surge model, which on the Moody property is 5.0 feet (NGVD-29).
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are 23.88 acres above 5.0 feet in elevation on the Moody property and
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these 23.88 acres are deemed to not be located within the coastal high
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hazard area as defined by Section 163.3178(2)h), Florida Statutes, or
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for any other purpose.
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(6)
There
Prior to final site plan approval, the developer shall
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obtain a final wetlands jurisdictional designation line from the
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appropriate regulatory agency or agencies.
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shall provide a conservation easement (except for boat channels,
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basins, docks, slips and ramps) to the appropriate state agency or
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agencies for all wetlands that it or they require to be preserved.
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This
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protection for such wetlands.
conservation
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(7)
easement
shall
Additionally, the developer
provide
the
highest
level
of
The traffic-roadway improvement descriptions contained
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in the Traffic Circulation and Mass Transit 5-year Plan shall be
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revised as follows:
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amended to describe the construction of a 4-lan urban section from
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Atlantic Boulevard to Beach Boulevard, and the Atlantic Intracoastal
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West
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Boulevard at Girvin Road, Hodges Boulevard, and San Pablo Road) shall
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be amended to describe additional through lanes (from 6 to 8 lanes) to
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Atlantic Boulevard between each of the three intersections.
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Area
(b)
the Hodges Boulevard roadway project shall be
Intersections
The
City
of
Improvements
Jacksonville
roadway
hereby
project
adopts
the
(Atlantic
following
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measures with respect to the text amendment approved by Ordinance 2009-
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315-E:
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(1)
The
City
of
Jacksonville
shall
reevaluate
the
definition of Coast High Hazard Area as defined in Conservation/Coastal
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ENACTED 8/25/09
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Management Element Policy 7.3.1 adopted by Ordinance 2008-315-E through
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the
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Jacksonville Comprehensive Plan.
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group shall consider, by December 2009, a set of policies that would
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allow for a citywide local mitigation program that would take the place
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of the site-specific and case-by-case approach that is currently used
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to
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amendment is proposed that would impact hurricane evacuation time.
working
determine
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group
established
appropriate
(2)
by
Policy
7.1.1
of
the
City
of
Pursuant to Policy 7.1.1, the working
mitigation
when
a
future
land
use
map
The City of Jacksonville shall not transmit any future
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land use map amendment which relies on the definition of Coastal High
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Hazard Area as defined in Conservation/Coastal Management Element
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Policy
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developed
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Comprehensive Plan are adopted into Comprehensive Plan through the
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remedial amendment process permitted by Section 163.3184(16), Florida
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Statutes.
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7.3.1
adopted
pursuant
Section 3.
to
by
Ordinance
Policy
7.1.1
2008-315-E until the policies
of
the
City
of
Jacksonville
Applicability, Effect and Legal Status.
The
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applicability and effect of the 2010 Comprehensive Plan, as herein
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amended, shall be as provided in the Local Government Comprehensive
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Planning and Land Development Regulation Act, Chapter 163, Part II,
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Florida Statutes, and this ordinance.
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and all actions taken in regard to development orders by governmental
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agencies in regard to land which is subject to the 2010 Comprehensive
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Plan, as herein amended, shall be consistent therewith, as of the
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effective date of the remedial actions adopted herein.
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Section 4.
Effective
Date
All development undertaken by,
of
Remedial
Amendment.
This
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Remedial
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effective in accordance with Local Government Comprehensive Planning
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and Land Development Regulation Act, Chapter 163, Part II, Florida
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Statutes.
Amendment
to
the
2010
Comprehensive
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Plan
shall
become
ENACTED 8/25/09
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Section 5.
Effective Date.
This ordinance shall become
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effective upon signature by the Mayor or upon becoming effective
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without the Mayor's signature.
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Form Approved:
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/s/
Shannon K. Eller_____________
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Office of General Counsel
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Legislation Prepared by:
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Shannon K. Eller
G:\SHARED\LEGIS.CC\2009\ord\LAND USE GENERAL\MOODY & CHHA FINAL ORDER.doc
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