1
The
Transportation,
Energy
and
Utilities
2
following Substitute to file no. 2014-119:
Committee
offers
the
3
4
Introduced by City Councilman Love:
5
6
ORDINANCE 2014-119
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AN ORDINANCE TERMINATING FAIR SHARE ASSESSMENT
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APPLICATION AND CONTRACT BETWEEN THE CITY OF
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JACKSONVILLE AND OLSEN FARMS, LLC, A FLORIDA
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LIMITED LIABILITY COMPANY, REGARDING A PROJECT
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KNOWN AS “OLSEN FARMS” (“CONTRACT”) (CCAS/CRC
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NO. 50206), CONSISTING OF 150,000 SQUARE FEET
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OF SHOPPING CENTER USES ON APPROXIMATELY 13.11
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ACRES
15
ROAD
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DESCRIBED THEREIN (COUNCIL DISTRICT 12), AND
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REPLACING THE CONTRACT WITH THIS SIX (6) YEAR
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AGREEMENT (“AGREEMENT”), PURSUANT TO
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655,
20
SECTIONS
21
AND
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EFFECTIVE DATE.
OF
PROPERTY
BETWEEN
ORDINANCE
I-295
AND
CODE;
655.205,
655.507,
LOCATED
NORTH
RAMPART
WAIVING
655.301,
ORDINANCE
OF
ROAD,
AS
CHAPTER
PROVISION
655.505,
CODE;
COLLINS
OF
655.506
PROVIDING
AN
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24
WHEREAS, Chapter 655, Ordinance Code, authorizes the City to
25
terminate existing fair share assessment contracts with landowners
26
and
27
forth therein; and
developers,
subject
to
the
procedures
and
requirements
set
28
WHEREAS, the City denied the issuance of Conditional Capacity
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Availability Statement (CCAS/CRC) No. 50206 sought by Olsen Farms,
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LLC, which, if issued, would have reserved certain public facility
31
capacity for the development; and,
1
2
WHEREAS,
the
City
cited
insufficient
traffic
circulation
capacity in its denial; and
3
WHEREAS,
Olsen
Farms,
LLC,
notwithstanding
a
applied
failure
to
of
proceed
4
development,
traffic
5
capacity, pursuant to Section 655.303, Ordinance Code; and
with
circulation
6
WHEREAS, the Planning and Development Department previously
7
determined that all of the requirements of Sections 163.3180(11) &
8
163.3180(16),
9
Ordinance Code, were met and recommended approval of the Fair Share
Florida
Statutes
12
company, (“Contract”) (CCAS/CRC No.
13
known
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shopping
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located North of Collins Road between I-295 and Rampart Road, as
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more particularly described therein (Council District 12), with a
17
term
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$1,318,756 in Fair Share Fund Sector 4.1; and
19
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of
“Olsen
center,
ten
(10)
Farms”,
ITE
consisting
Code
years
LLC,
820,
and
a
on
fair
a
Florida
the
(b),
Jacksonville
Farms,
between
655.303
11
Olsen
Contract
Section
Assessment
and
and
and
10
as
Application
(2010),
limited
City
of
liability
50206) for a project to be
of
150,000
square
approximately
share
feet
13.11
assessment
of
acres
amount
of
WHEREAS, the City Council previously approved the Contract by
adopting Ordinance 2010-40; and
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WHEREAS, Ordinance 2010-40 permitted the transfer of excess
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credits to pay for development rights on adjacent property owned by
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Park City Farms, LLC an affiliate of Olsen Farms, LLC; and
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WHEREAS, the 43.73 acre property owned by Park City Farms,
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LLC (“Park City”) and Olsen Farms, LLC depicted on the attached
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Exhibit
27
Ordinance; and
28
A
(collectively
the
“Property”)
is
subject
to
this
WHEREAS, Ordinance 2010-40 required the Fair Share Assessment
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Fees
collected
to
be
used
to
construct
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Appendix 4 to Exhibit H (“Road Project”) attached as Exhibit B; and
- 2 -
the
roads
depicted
in
1
WHEREAS, Ordinances 2010-39 and 2010-40 permitted Fair Share
2
Assessment Fees for up to 435,000 square feet of ITE land use code
3
820 to be held and dedicated to the Road Project; and
4
WHEREAS, all parties to Ordinances 2010-40 and 2010-39 intend
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to
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adoption of this Ordinance; and
7
8
“decouple”
WHEREAS,
the
agreements
Sections
previously
655.205,
approved
Ordinance
Code,
through
the
permits
the
termination of the Contract; and
9
WHEREAS, the Contract approved by Ordinance 2010-40 is not
10
being terminated unilaterally by the Owners pursuant to section 11
11
of Exhibit H; and
12
WHEREAS,
Ordinance
2010-39
will
remain
in
full
force
and
13
effect and nothing in this Ordinance will diminish, in any way, the
14
rights and obligations contained therein; and
15
WHEREAS, a portion of the Road Project set forth in Ordinance
16
2010-39 is presently included in the City’s Capital Improvement
17
Plan (“CIP”); and
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WHEREAS,
the
North
Florida
Transportation
Planning
19
Organization (“NFTPO”) found that constructing the Road Project was
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of vital interest to the community of Jacksonville with a Benefit
21
to Cost Ratio of 67.68 to 1; and
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WHEREAS,
in
September
2013
the
Northeast
Florida
Regional
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Planning Council (“NEFRPC”) estimated that the development of the
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Property (the “Development”) would generate $390,458 in annual ad
25
valorem revenue for the City; and
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WHEREAS, the NEFRPC also estimated that the Development would
generate $4,473,000 in annual Sales Tax revenue; and
WHEREAS, the NEFRPC also estimated that the Development would
generate 360 direct jobs; and
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WHEREAS, agents for the Property owners have filed a Mobility
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Fee application for 250,000 square feet of ITE Land Use Code 820
- 3 -
1
(the
2
Mobility Fees due; and
3
“Application”)
WHEREAS,
the
City
which
yields
required
Council
public
committee
approximately
hearings
of
were
reference
$1,536,957
held
and
by
the
in
the
4
appropriate
5
Council, with due public notice having been provided, pursuant to
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Section 655.305, Ordinance Code, Section 166.041, Florida Statutes
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and Rule 3.601, Council Rules; now therefore
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BE IT ORDAINED by the Council of the City of Jacksonville:
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Section 1.
Contract Terminated.
City
The Contract between the
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City of Jacksonville and Olsen Farms, LLC approved pursuant to
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Ordinance 2010-40 is hereby terminated.
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Section 2.
Use of Mobility Fees.
Up to $1,536,957 of the
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Mobility Fees illustrated by the Application filed on March 7, 2014
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benefitting
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dedicate the Road Project.
16
attached as Exhibit C.
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the
Section 3.
Property
may
be
used
to
permit,
construct
and
A copy of the Mobility Fee Worksheet is
Account
for
Fees.
Any
Mobility
Fees
paid
18
pursuant to this Ordinance shall be held in an account established
19
by the Finance Department and held to pay for the Road Project.
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Section 4.
Term.
The payments made subject to Section 2
21
above, and held in the account described in Section 3 above, shall
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be retained by the City for six (6) years from the Effective Date
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described in Section 8 below.
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completed within six (6) years from the Effective Date, payments
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made pursuant to this Ordinance shall immediately transferred to
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transportation improvement projects identified in the Mobility Zone
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in which the property resides and any approvals issued by the CMSO
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in exchange for such payments shall remain valid consistent with
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the provisions of this Ordinance and Chapter 655 of the Ordinance
30
Code.
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Section 5.
In the event the Road Project is not
Development
Rights
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Limitations.
Nothing
1
herein shall expand or diminish the development rights approved in
2
Ordinances 2013-468 or 2013-469 and development on the Park City
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parcel
4
Exhibit
5
Application
6
legislation shall not limit, in any way, the amount of development
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rights that may be secured pursuant to the Mobility Fee process
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outlined in Section 655 of the Ordinance Code or Ordinance 2010-39.
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shall
remain
D.
consistent
Although
may
be
Section 6.
Mobility
dedicated
Waiver.
with
the
Fees
collected
to
fund
site
the
plan
attached
pursuant
Road
to
Project,
as
the
this
The provisions of Sections 655.205,
10
655.301, 655.505, 655.506 and 655,507, Ordinance Code are hereby
11
waived.
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Section 7.
Assigability.
The
rights
and
obligations
13
created by this legislation may be freely assigned by the Property
14
owners to subsequent owners.
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upon the then current property owner filing with the CMSO a notice
16
of
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acknowledgment by the assignee to the City of its assumption of all
18
rights and obligations of the Owners.
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such
assignment
Section 8.
upon
The assignment shall become effective
identifying
the
assignee
Effective Date.
the
signature
by
effective
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effective without the Mayor’s Signature.
the
Mayor
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Form Approved:
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__/s/ Jody Brooks
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Office of General Counsel
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Legislation Prepared by: Steve Diebenow
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G:\SHARED\LEGIS.CC\2014\Sub\2014-119 TEU SUBSTITUTE revised 031314.doc
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containing
an
This Ordinance shall become
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and
or
upon
becoming