Introduced by RZ Ordinance Introduced__By

1 1Introduced by the Land Use And Zoning Committee: 2 3 Attachment 4 ORDINANCE 2008-542 5 AN ORDINANCE REZONING APPROXIMATELY 1.0 ACRE 6 OF LAND LOCATED IN COUNCIL DISTRICT 11 AT 2604 7 NEW BERLIN ROAD BETWEEN DUNN CREEK ROAD AND 8 SAPP ROAD AND OWNED BY LONN W. & REBECCA L. 9 BIASTRE, AS DESCRIBED HEREIN, FROM RESIDENTIAL 10 LOW DENSITY-B (RLD-B) DISTRICT TO PLANNED UNIT 11 DEVELOPMENT (PUD) DISTRICT, AS DEFINED AND 12 CLASSIFIED UNDER THE ZONING CODE, TO PERMIT 13 PROFESSIONAL AND BUSINESS OFFICES AND RELATED 14 USES, AS DESCRIBED IN THE WRITTEN DESCRIPTION 15 AND SITE PLAN FOR THE NEW BERLIN ROAD PUD, 16 PURSUANT TO FUTURE LAND USE MAP SERIES (FLUMS) 17 SMALL-SCALE AMENDMENT APPLICATION NUMBER 18 2007C-025; PROVIDING AN EFFECTIVE DATE. 19 20 WHEREAS, the City of Jacksonville adopted a small-scale land 21use amendment to the 2010 Comprehensive Plan for the purpose of 22revising portions of the Future Land Use Map series (FLUMs) in 23order to ensure the accuracy and internal consistency of the plan, 24pursuant to application 2007C-025 and companion land use Ordinance 252008-541; and 26 WHEREAS, in order to ensure consistency of zoning district 27with the 2010 Comprehensive Plan and the adopted companion small- 28scale land use amendment 2007C-025, an application to rezone and 29reclassify from Residential Low Density-B (RLD-B) District to 30Planned Unit Development (PUD) District was filed by Greg Kupperman 2 1

1on behalf of Lonn W. Biastre - LWB Properties, LLC, the owner of 2approximately 1.0 acre of certain real property in Council District 311, as more particularly described in Section 1 and referenced 4therein as the "Subject Property"; and 5 WHEREAS, the Planning and Development Department, in order to 6ensure consistency of this zoning district with the 2010 7Comprehensive Plan, has considered the rezoning and has rendered an 8advisory opinion; and 9 WHEREAS, the Planning Commission has considered the 10application and has rendered an advisory opinion; and 11 WHEREAS, the Land Use and Zoning (LUZ) Committee after due 12notice held a public hearing and made its recommendation to the 13Council; and 14 WHEREAS, the City Council after due notice held a public 15hearing, taking into consideration the above recommendations as 16well as all oral and written comments received during the public 17hearings, the Council finds that such rezoning is consistent with 18the 2010 Comprehensive Plan adopted under the comprehensive 19planning ordinance for future development of the City of 20Jacksonville; and 21 WHEREAS, the Council finds that the proposed PUD does not 22affect adversely the orderly development of the City as embodied in 23the Zoning Code; will not affect adversely the health and safety of 24residents in the area; will not be detrimental to the natural 25environment or to the use or development of the adjacent properties 26in the general neighborhood; and the proposed PUD will accomplish 27the objectives and meet the standards of Section 656.340 (Planned 28Unit Development) of the Zoning Code of the City of Jacksonville; 29now therefore 30 BE IT ORDAINED by the Council of the City of Jacksonville:

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1 Section 1. Subject Property Location and Description. 2The approximately 1.0 acre of land (R. E. No. 106924-0010) is 3located in Council District 11 at 2604 New Berlin Road between Dunn 4Creek Road and Sapp Road, as more particularly described in Exhibit 51 and graphically depicted in Exhibit 2, both of which are attached 6hereto and incorporated herein by this reference (Subject 7Property). 8 Section 2. Owner and Applicant Description. The Subject 9Property is owned by Lonn W. & Rebecca L. Biastre. The applicant 10listed in the application is Greg Kupperman, with an address of 200 11First Street, Suite B, Neptune Beach, Florida 32266 and a telephone 12number of (904) 241-6611. 13 Section 3. Property Rezoned. The Subject Property, 14pursuant to adopted companion small-scale land use amendment 15application 2007C-025, is hereby rezoned and reclassified from 16Residential Low Density-B (RLD-B) District to Planned Unit 17Development (PUD) District, subject to the written description 18dated December 12, 2006 and the site plan dated January 25, 2007 19for the New Berlin Road PUD, both attached hereto as Exhibit 3. 20The PUD District for the Subject Property shall generally permit 21professional and business offices and related uses. 22 Section 4. Contingency. This ordinance shall not become 23effective until 31 days after adoption of the companion small-scale 24land use amendment unless challenged by the state land planning 25agency; and further provided that if the companion small-scale land 26use amendment is challenged by the state land planning agency, this 27rezoning shall not become effective until the state land planning 28agency or the Administration Commission issues a final order 29determining the companion small-scale land use amendment is in 30compliance with Chapter 163, Florida Statutes.

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1 Section 5. Effective Date. The adoption of this 2ordinance shall be deemed to constitute a quasi-judicial action of 3the City Council and shall become effective upon signature by the 4Council President and the Council Secretary. 5 6Form Approved: 7

8 /s/ Shannon K. Eller______9Office of General Counsel 10Legislation Prepared By: Robert K. Riley 11D:\Docs\2018-04-14\00e9b29086daf730cda69e1e39cad550.doc

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