Introduced by the Land Use and Zoning Committee s1

1 POSTPONED 2/14/06 2 ENACTED 8/22/06

ATTACHMENT 1 Introduced by the Land Use And Zoning Committee: 2 3

4 ORDINANCE 2006-126-E 5 AN ORDINANCE ADOPTING A SMALL-SCALE AMENDMENT 6 TO THE FUTURE LAND USE MAP SERIES OF THE 2010 7 COMPREHENSIVE PLAN BY CHANGING THE FUTURE LAND 8 USE DESIGNATION FROM RESIDENTIAL-PROFESSIONAL- 9 INSTITUTIONAL (RPI) TO HIGH DENSITY RESIDENTIAL 10 (HDR) ON APPROXIMATELY 1.34 ACRES OF LAND 11 LOCATED IN COUNCIL DISTRICT 14 AT 500 BISHOP 12 GATE LANE BETWEEN RIVERSIDE DRIVE AND THE ST. 13 JOHNS RIVER AND OWNED BY ROBIN SHEPHERD 14 STUDIOS, INC. AND RSPR, INC., AS MORE 15 PARTICULARLY DESCRIBED HEREIN, PURSUANT TO 16 APPLICATION NUMBER 2005C-047; PROVIDING AN 17 EFFECTIVE DATE. 18

19 WHEREAS, pursuant to the provisions of Section 650.402(b), 20Ordinance Code, and Section 163.3187(1)(c), Florida Statutes, an 21application for a proposed small-scale amendment to the Future Land 22Use Map series (FLUMs) of the 2010 Comprehensive Plan to change the 23Future Land Use designation from Residential-Professional- 24Institutional (RPI) to High Density Residential (HDR) has been 25filed by Paige Hobbs Johnston, Esquire on behalf of Robin Shepherd 26Studios, Inc. and RSPR, Inc., the owners of 1.34 acres of certain 27real property in Council District 14, as more particularly 28described in Section 2 and referenced therein as the "Subject

3 1Property"; and 2 WHEREAS, the Planning and Development Department reviewed the 3proposed revision and application, held a public information 4workshop on this proposed amendment to the 2010 Comprehensive Plan, 5with due public notice having been provided, and having reviewed 6and considered all comments received during the public workshop, 7has prepared a written report and rendered an advisory 8recommendation to the City Council with respect to the proposed 9amendment; and 10 WHEREAS, the Planning Commission, acting as the Local Planning 11Agency (LPA), held a public hearing on this proposed amendment, 12with due public notice having been provided, reviewed and 13considered comments received during the public hearing and made its 14recommendation to the City Council; and 15 WHEREAS, the Land Use and Zoning (LUZ) Committee of the City 16Council held a public hearing on this proposed amendment to the 172010 Comprehensive Plan pursuant to Chapter 650, Part 4, Ordinance 18Code, considered all written and oral comments received during the 19public hearing, and has made its recommendation to the City 20Council; and 21 WHEREAS, the City Council held a public hearing on this 22proposed amendment with public notice having been provided, 23pursuant to Section 163.3184, Florida Statutes and Chapter 650, 24Part 4, Ordinance Code, and considered all oral and written 25comments received during public hearings, including the data and 26analysis portions of this proposed amendment to the 2010 27Comprehensive Plan and the recommendations of the Planning and 28Development Department, the Planning Commission and the LUZ 29Committee; and 30 WHEREAS, in the exercise of its authority, the City Council 31has determined it necessary and desirable to adopt this proposed 1 - 2 - 1amendment to the 2010 Comprehensive Plan to preserve and enhance 2present advantages, encourage the most appropriate use of land, 3water, and resources consistent with the public interest, overcome 4present deficiencies, and deal effectively with future problems 5which may result from the use and development of land within the 6City of Jacksonville; now therefore 7 BE IT ORDAINED by the Council of the City of Jacksonville: 8 Section 1. Purpose and Intent. This ordinance is adopted 9to carry out the purpose and intent of, and exercise the authority 10set out in the Local Government Comprehensive Planning and Land 11Development Regulation Act, Sections 163.3161 through 163.3215, 12Florida Statutes, and Chapter 166, Florida Statutes, as amended. 13 Section 2. Subject Property Location and Description. 14The approximately 1.34 acres of land (Real Estate numbers 090148- 150000, 090154-0000, and 090155-0000) are located in Council District 1614 at 500 Bishop Gate Lane between Riverside Drive and the St. 17Johns River, as more particularly described in Exhibit 1 and 18graphically depicted in Exhibit 2, both of which are attached 19hereto and incorporated herein by this reference (Subject 20Property). 21 Section 3. Owner and Applicant Description. The Subject 22Property is owned by Robin Shepherd Studios, Inc. and RSPR, Inc. 23The applicant listed in the application is Paige Hobbs Johnston, 24Esquire with an address of 1301 Riverplace Boulevard, Suite 1500, 25Jacksonville, Florida 32207 and a telephone number of (904) 346- 265553. 27 Section 4. Adoption of Small-Scale Land Use Amendment. 28The City Council hereby adopts a proposed small-scale revision to 29the Future Land Use Map series of the 2010 Comprehensive Plan by 30changing the Future Land Use Map designation from Residential- 31Professional-Institutional (RPI) to High Density Residential (HDR), 1 - 3 - 1pursuant to Application Number 2005C-047. 2 Section 5. Applicability, Effect and Legal Status. The 3applicability and effect of the 2010 Comprehensive Plan, as herein 4amended, shall be as provided in the Local Government Comprehensive 5Planning and Land Development Regulation Act, Section 163.3161 6through 163.3215, Florida Statutes, and this ordinance. All 7development undertaken by, and all actions taken in regard to 8development orders by governmental agencies in regard to land which 9is subject to the 2010 Comprehensive Plan, as herein amended, shall 10be consistent therewith as of the effective date of this amendment 11to the plan. 12 Section 6. Effective date of this Plan Amendment. 13 a. If the amendment meets the criteria of Section 163.3187, 14Florida Statutes, as amended, and is not challenged, the effective 15date of this plan amendment shall be thirty-one (31) days after 16adoption. 17 b. If challenged within thirty (30) days after adoption, the 18plan amendment shall not become effective until the State Land 19Planning Agency or the Administration Commission, respectively, 20issues a final order determining the adopted small-scale 21development amendment to be in compliance. 22 c. No development orders, development permits, or land uses 23dependent on this amendment may be issued or commence before it has 24become effective as set forth herein. 25 d. If a final order of noncompliance is issued, this 26amendment may nevertheless be made effective by adoption of a 27resolution affirming its effective status, a copy of which 28resolution shall be sent to the Department of Community Affairs, 29Bureau of Local Planning, 2555 Shumard Oak Boulevard, Tallahassee, 30Florida 32399-2100. The resolution shall not become effective 31until receipt of written notice from the Department of Community 1 - 4 - 1Affairs that it has received the resolution. 2 Section 7. Effective Date. This ordinance shall become 3effective upon signature by the Mayor or upon becoming effective 4without the Mayor's signature. 5

6Form Approved: 7

8 /s/ Shannon K. Eller______9Office of General Counsel 10Legislation Prepared By: Robert K. Riley, AICP

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