1 Amended & Enacted 2/27/07

ATTACHMENT 1 Introduced and amended by the Land Use and Zoning 2Committee: 3 4

5 ORDINANCE 2007-34-E 6 AN ORDINANCE REZONING APPROXIMATELY 10.11 7 ACRES LOCATED IN COUNCIL DISTRICT 14 ON ARGYLE 8 FOREST BOULEVARD BETWEEN RAMPART ROAD AND 9 BROOKS DRIVE (R.E. NO. 016488-0000), AS 10 DESCRIBED HEREIN, OWNED BY A & Y ENTERPRISES, 11 INC., ET AL, FROM RR (RESIDENTIAL RURAL) 12 DISTRICT TO PUD (PLANNED UNIT DEVELOPMENT) 13 DISTRICT, AS DEFINED AND CLASSIFIED UNDER THE 14 ZONING CODE, TO PERMIT COMMERCIAL USES, AS 15 DESCRIBED IN THE APPROVED WRITTEN DESCRIPTION 16 AND SITE PLAN FOR THE ARGYLE COMMERCIAL PUD; 17 PROVIDING AN EFFECTIVE DATE. 18

19 WHEREAS, A & Y Enterprises, Inc., et al, the owners of 20approximately 10.11 acres located in Council District 14 on Argyle 21Forest Boulevard between Rampart Road and Brooks Drive (R.E. No. 22019488-0000), as more particularly described in Exhibit 1, attached 23hereto (Subject Property), have applied for a rezoning and 24reclassification of that property from RR (Residential Rural) 25District to PUD (Planned Unit Development) District, as described 26in Section 1 below; and 27 WHEREAS, the Planning Commission has considered the 28application and has rendered an advisory opinion; and 29 WHEREAS, the Land Use and Zoning Committee, after due notice 2 1 Amended 2/27/07

1and public hearing, has made its recommendation to the Council; and 2 WHEREAS, the Council finds that such rezoning is: (1) 3consistent with the 2010 Comprehensive Plan; (2) furthers the 4goals, objectives and policies of the 2010 Comprehensive Plan; and 5(3) is not in conflict with any portion of the City’s land use 6regulations; and 7 WHEREAS, the Council finds the proposed rezoning does not 8adversely affect the orderly development of the City as embodied in 9the Zoning Code; will not adversely affect the health and safety of 10residents in the area; will not be detrimental to the natural 11environment or to the use or development of the adjacent properties 12in the general neighborhood; and will accomplish the objectives and 13meet the standards of Section 656.340 (Planned Unit Development) of 14the Zoning Code; now therefore 15 BE IT ORDAINED by the Council of the City of Jacksonville: 16 Section 1. Property Rezoned. The Subject Property is 17hereby rezoned and reclassified from RR (Residential Rural) 18District to PUD (Planned Unit Development) District, as shown and 19described in the approved site plan dated April 2006 and written 20description dated September 5, 2006 for the Argyle Commercial PUD. 21The PUD district for the Subject Property shall generally permit 22commercial uses, as more specifically shown and described in the 23approved site plan and written description, both attached hereto as 24Exhibit 2. 25 Section 2. Rezoning Approved Subject to Conditions. This 26rezoning is approved subject to the following conditions: 27 (a) Development shall proceed in accordance with the Traffic 28Engineering Division Memorandum dated January 23, 2007, and the 29Transportation Planning Division Memorandum dated January 25, 2007, 30or as otherwise approved by the Traffic Engineering Division and 31the Planning and Development Department. 2 - 2 - 1 Amended 2/27/07

1 (b) One monument sign is permitted on Argyle Forest Boulevard, 2not exceeding 150 square feet in area and 20 feet in height and may 3be internally illuminated. One monument sign is permitted at the 4corner of Argyle Forest Boulevard and Rampart Road, not exceeding 560 square feet in area and 16 feet in height and may be internally 6illuminated. One monument sign is permitted on Rampart Road, not 7exceeding 24 square feet in area and ten feet in height and shall 8be externally illuminated only. Two wall signs per building are 9permitted, not exceeding 100 square feet in area collectively, and 10may be internally illuminated. 11 (c) At verification of substantial compliance with the PUD, 12the developer shall submit the proposed lighting plan to Mr. John 13Tiley, 7375 Boysenberry Lane North, Jacksonville, Florida, 32244; 14(904) 771-7602 for review. 15 Section 3. Owner and Description. The Subject Property 16is owned by A & Y Enterprises, Inc., et al, and is legally 17described in Exhibit 1. The agent is L. Charles Mann, 165 18Arlington Road, Jacksonville, Florida 32211; (904) 721-1546. 19 Section 4. Effective Date. The adoption of this 20ordinance shall be deemed to constitute a quasi-judicial action of 21the City Council and shall become effective upon signature by the 22Council President and the Council Secretary. 23

24Form Approved: 25

26 /s/ Shannon K. Eller______27Office of General Counsel 28Legislation Prepared By Shannon K. Eller

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