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Introduced by the Council President at the request of the
Office of General Counsel:
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ORDINANCE 2007-201
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AN ORDINANCE ADOPTING A REMEDIAL AMENDMENT TO THE
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FUTURE LAND USE MAP SERIES OF THE 2010 COMPRE-
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HENSIVE PLAN BY CHANGING THE FUTURE LAND USE
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DESIGNATION FROM LOW DENSITY RESIDENTIAL (LDR) TO
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WATER
DEPENDENT-WATER
RELATED
(WD-WR)
ON
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APPROXIMATELY 84.31 ACRES OF LAND LOCATED IN
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COUNCIL DISTRICT 11, NORTH OF NEW BERLIN ROAD AND
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WEST OF THE ST. JOHNS RIVER, BETWEEN STATE ROAD
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9A AND THE ST. JOHNS RIVER AND OWNED BY NICHOLS
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CREEK
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DESCRIBED
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SETTLEMENT AGREEMENT REGARDING DOAH CASE NO. 06-
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0727GM (RELATED TO FUTURE LAND USE MAP AMENDMENT
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#2005A-014 ADOPTED BY ORDINANCE 2005-1220-E);
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PROVIDING AN EFFECTIVE DATE.
DEVELOPMENT,
HEREIN,
LLC, AS MORE PARTICULARLY
PURSUANT TO THE STIPULATED
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WHEREAS,
the
City
of
Jacksonville/Duval
County
adopted
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Comprehensive Plan Amendment #2005A-014 by Ordinance 2005-1220-E on
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December 13, 2005 (Plan Amendment); and
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WHEREAS,
the
Plan
Amendment
was
submitted
to
the
Florida
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Department of Community Affairs (DCA) for review as the state land
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planning agency pursuant to 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, the DCA issued its Statement and Notice of Intent
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regarding the Plan Amendment on February 6, 2005; and
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WHEREAS, as set forth in the Statement of Intent, the DCA
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contends that the Plan Amendment is not “in compliance” because it
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allows for an increase in population within the Coastal High Hazard
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Area; and
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WHEREAS, pursuant to Section 163.3184(10), Florida Statutes, the
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DCA initiated a formal administrative proceeding challenging the Plan
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Amendment; and
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WHEREAS, Valerie Britt intervened in the proceedings and is now a
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party thereto; and
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WHEREAS,
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Nichols
Creek
Development,
LLC,
intervened
in
the
proceedings and is now a party thereto; and
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WHEREAS, the City of Jacksonville/Duval County and Intervener
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Nichols
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Statement of Intent regarding the Plan Amendment; and
Creek
Development,
LLC,
disputed
the allegations of the
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WHEREAS, all of the parties wished to avoid the expense, delay,
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and uncertainty of lengthy litigation and agreed that it was in their
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respective mutual best interests to do so; and
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WHEREAS,
the
parties
entered
into
a
Stipulated
Settlement
Agreement which provides certain Remedial Actions; and
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WHEREAS, the property subject to this Remedial Amendment is
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currently designated Low Density Residential (LDR) on the Future Land
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Use Map, with the potential for 468 residential units (Remedial
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Amendment Subject Property); and
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WHEREAS,
the
Stipulated
Settlement
Agreement
requires
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consideration of a Future Land Use Map Amendment to change the Future
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Land Use designation on the Remedial Amendment Subject Property from
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Low Density Residential (LDR) to Water Dependent-Water Related (WD-WR);
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and
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WHEREAS,
the
overall
area
will
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benefit
from
this
proposed
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Remedial Amendment since the residential development potential in the
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overall area will be reduced by 468 residential units; and
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WHEREAS, the Land Use and Zoning Committee held a duly noticed
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public hearing on the proposed Stipulated Settlement Agreement and on
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this proposed Remedial Amendment; and
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WHEREAS, the City Council held a duly noticed public hearing on
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the proposed Stipulated Settlement Agreement and on this proposed
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Remedial Amendment; now, therefore
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BE IT ORDAINED by the Council of the City of Jacksonville:
Section 1.
Purpose and Intent.
This ordinance is adopted to
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carry out the purpose and intent of, and exercise the authority set out
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in the Local Government Comprehensive Planning and Land Development
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Regulation Act, Chapter 163, Part II, Florida Statutes, and Chapter
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166, Florida Statutes, as amended.
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Section 2.
Remedial Amendment Subject Property Location and
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Description.
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0050, 108897-0000, 108898-0000 and 108900-0000) is located in Council
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District 11, north of New Berlin Road and west of the St. Johns River,
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between State Road 9A and the St. Johns River, as more particularly
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described in Exhibit 1 and graphically depicted in Exhibit 2, both of
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which are attached hereto and incorporated herein by this reference.
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The approximately 84.31 acres of land (R.E. Nos. 108878-
Section 3.
Owner and Applicant Description.
The Remedial
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Amendment Subject Property is owned by Nichols Creek Development, LLC.
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The agent is Susan C. McDonald, Esquire, 1301 Riverplace Boulevard,
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Suite 1500, Jacksonville, Florida, 32207; (904) 346-5587.
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Section 4.
Adoption of Remedial Land Use Map Amendment.
The
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Council hereby adopts a proposed remedial revision to the Future Land
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Use Map series of the 2010 Comprehensive Plan by changing the Future
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Land Use designation from Low Density Residential (LDR) to Water
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Dependent-Water Related (WD-WR) on the Remedial Amendment Subject
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Property, pursuant to the Stipulated Settlement Agreement regarding
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DOAH Case No. 06-0727GM.
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Remedial Amendment Subject Property was previously noted with an
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asterisk on the Future Land Use Map with associated language stating
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“Pursuant to PUD Ordinance 2004-313-E”.
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deleted from the Future Land Use Map and the associated language is
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hereby deleted from the Future Land Use Map.
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development of the Remedial Amendment Subject Property, the owners
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shall apply for a rezoning consistent with this Remedial Amendment.
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Section 5.
Pursuant to Ordinance 2004-227-E, the
This asterisk is hereby
Prior to any future
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 this Remedial Amendment to the plan.
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Section 6.
All development undertaken by,
Effective Date of this Remedial Amendment.
The
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effective date of this Remedial Amendment shall be the date a final
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order is issued by the DCA or Administration Commission finding the
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Remedial Amendment in compliance in accordance with Section 163.3184,
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Florida
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Administration Commission finding the Remedial Amendment to be in
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compliance in accordance with Chapter 163.3184, Florida Statutes,
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whichever occurs earlier.
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Statutes;
Section 7.
or
the
date
a
Effective Date.
final
order
is
issued
by
the
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.
Form Approved:
/s/ Shannon K. Eller__________
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Office of General Counsel
Legislation Prepared by: Shannon K. Eller
G:\Land Use\SEller\HECKSCHER DOAH\ORDINANCE--REMEDIAL AMENDMENT.doc
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