Introduced by the Council Member Gaffney:

ORDINANCE 2012-623

AN ORDINANCE REGARDING CHAPTER 614 (PUBLIC ORDER AND SAFETY); AMENDING SECTION 614.138, (CERTAIN ACTIVITIES PROHIBITED; DEFINITIONS), ORDINANCE CODE, TO ENLARGE THE AREA KNOWN AS THE “URBAN CORE ENHANCEMENT AREA”; PROVIDING AN EFFECTIVE DATE.

WHEREAS, the City is a consolidated municipality and county of the State of Florida which from time to time exercises the fullest extent of home rule powers conferred upon municipalities and chartered counties by Article VIII of the Florida Constitution and Chapters 125 and 166, Florida Statutes; and

WHEREAS, Section 614.138, Ordinance Code, as created in Ordinance 94-905-516, and subsequently amended in Ordinances 97-1104-E, 2000-282-E, 2002-852-E, and 2007-1284-E is intended to prohibit certain uses of public and private property relative to camping, sleeping and lodging on such property located on both sides of the City’s downtown riverfront area and extending south to include portions of the San Marco area on the Southbank, combined with portions of the Riverside area extending south and west from downtown, without the consent of the property owner; and

WHEREAS, because of the Springfield and its surrounding area’s proximity to Downtown as well as to various service-oriented shelters, facilities and organizations which assist in addressing homeless issues including but not limited to the social rehabilitation and engagement of homeless persons back into society, the City has an interest in promoting the placement of homeless individuals into the care of such socially engaged programs rather than left to residence in such public and semi-public destinations; and

WHEREAS, enhanced needs for security and control are deemed necessary for public safety and the City has an interest in promoting for all of its citizens a safe and pleasant environment; and

WHEREAS, the City has a substantial economic and civic interest in promoting for all of its citizens and tourists a safe and pleasant environment in the Downtown, Springfield, San Marco, Riverside and surrounding areas; and

WHEREAS, the modification undertaken in this ordinance is intended to enlarge the boundaries of the Urban Core Enhancement Area from approximately 2,165 acres (approximately 3.38 square miles) to 4,939 acres (approximately 7.72 square miles) in order to adequately cover the Sports Entertainment District and the Springfield Zoning Overlay area, as well as surrounding areas to the east inclusive of the East Jacksonville Neighborhood Action Plan area towards Talleyrand Avenue, and a northeasterly area towards Martin Luther King Parkway, combined with areas to the north of Springfield towards 20th Street, and to the west towards I-95; now, therefore,

BE IT ORDAINED by the Council of the City of Jacksonville:

Section 1. Chapter 614 (Public Order and Safety), Section 614.138(d)(7) (Certain Activities Prohibited; Definitions), Ordinance Code, is hereby amended to read as follows:

CHAPTER 614. PUBLIC ORDER AND SAFETY.

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Sec. 614.138. Certain Activities Prohibited; Definitions.

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(d) Certain terms used in this Section shall have the following meanings:

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(7) Urban Core Enhancement Area shall mean that area of approximately 1.92 square miles (approximately 1,225 acres) within the City located on both sides of the City’s downtown riverfront area and extending south to include portions of the San Marco area on the Southbank, combined with portions of the Riverside area, extending south and west from downtown, and generally described as follows:

Three parcels along the St. Johns River with one parcel being bounded on the north by State Street, on the east by Palmetto Street, on the south by the St. Johns River, and on the west by Interstate I95; and the second parcel being that certain portion of the City’s Southbank/San Marco area, generally described as being bounded on the north by the St. Johns River, on the south by River Oaks Road, on the east by Kings Avenue/Philips Highway and on the west by the St. Johns River; and the third parcel being that certain portion of the City’s Riverside area, generally being described as being bounded by Water Street to the north, King Street to the south, Park Street to the west and the St. Johns River to the east. 4,939 acres (approximately 7.72 acres) within the City located on both sides of the City’s downtown riverfront area, extending south to include portions of the San Marco area on the Southbank, extending south and west from downtown in the Riverside area, and extending north to include the Springfield area combined with an area east of downtown encompassing the stadium and sports events area, all generally described as follows: FOR A POINT OF BEGINNING; BEGIN at the Northwestern corner of the Park Street and King Street intersection; Thence Northeasterly along the Northwesterly right-of-way line of Park Street to the Northeasterly right-of-way line of Margaret Street; Thence Northeasterly along the Northwesterly right-of-way line of Park Street to the Southwesterly right-of-way line of Interstate – 95; Thence Northwesterly along the Southwesterly right-of-way line of Interstate – 95 to the Southerly Intersection of Interstate – 10 and the Southeasterly right-of-way line of the Southwesterly extension of Margaret Street; Thence Northeasterly along the Southwesterly extension of the Southeasterly right-of-way line of Margaret Street to the intersection of the Southeasterly right-of-way line of Margaret Street and the Northwesterly right-of-way line of Interstate – 95; Thence Northeasterly along the Northwesterly right-of-way line of Interstate – 95 to the Northeasterly right-of-way line of Forest Street; Thence continue Northeasterly along the Northwesterly right-of-way line of Interstate – 95 to the Northeasterly right-of-way line of McCoys Creek Boulevard; Thence continue Northeasterly along the Northwesterly right-of-way line of Interstate – 95 to the Northeasterly right-of-way line of Swan Street; Thence continue along the Northwesterly right-of-way line of Interstate – 95 to the Northeasterly right-of-way line of Harper Street and the Northwesterly right-of-way line of Ives Street; Thence Southeasterly along the Northeasterly right-of-way line of Harper Street to the right-of-way line of Interstate – 95; Thence Northeasterly along the Northwesterly right-of-way line of Interstate – 95 to the Northeasterly right-of-way line of Dennis Street; Thence continue Northeasterly along the Northwesterly right-of-way line of Interstate – 95 to the Easterly right-of-way line of Myrtle Street; Thence continue Northeasterly along the Northwesterly right-of-way line of Interstate – 95 to the Northeasterly right-of-way line of Adams Street West; Thence Southeasterly along the Northeasterly right-of-way line of Adams Street West to the Northwesterly right-of-way line intersection of Interstate – 95; Thence Northeasterly and Northerly along the right-of-way line of Interstate – 95 to the Northeasterly right-of-way line of Church Street West; Thence continue along the right-of-way line of Interstate – 95 to the Northeasterly right-of-way line of Beaver Street West; Thence continue Northeasterly and Northerly along the Northwesterly right-of-way line of Interstate – 95 to the Northeasterly right-of-way line of Kings Road; Thence continue along the Northwesterly right-of-way line of Interstate – 95 to the Northerly right-of-way line of 3rd Street Road West; Thence East along the Northerly right-of-way line of 3rd Street Road West to the Westerly right-of-way line of Interstate – 95; Thence Northerly along the Westerly right-of-way line of Interstate – 95 to the intersection of the Southerly right-of-way line of 8th Street West and the Westerly right-of-way line of Mt Herman Street; Thence Northerly along the Westerly right-of-way line of Mt Herman Street to the Westerly extension of the right-of-way of Interstate – 95; Thence Easterly along the right-of-way line extension of Interstate – 95 to the Intersection of the Westerly right-of-way of Interstate – 95; Thence Northerly along the Westerly right-of-way line of Interstate – 95 to the Intersection of the Northerly right-of-way line of Martin Luther King Jr. Parkway; Thence Continue Northeasterly and Northerly along the right-of-way line of Interstate – 95 to the Northerly right-of-way line of 23rd Street West; Thence Easterly along the Northerly right-of-way line extension of 23rd Street West to the intersection of Northerly right-of-way line extension of the 23rd Street and the Easterly right-of-way line of Interstate – 95; Thence Southerly and Southeasterly along the Easterly right-of-way line of Interstate – 95 to the Northerly right-of-way line of Martin Luther King Jr. Parkway; Thence Easterly along the Northerly right-of-way line of Martin Luther King Jr. Parkway to the Easterly right-of-way line of Martin Luther King Jr. Parkway; Thence Southerly along the Easterly right-of-way line of Martin Luther King Jr. Parkway to the northerly right-of-way line of 8th Street East; Thence Easterly along the Northerly right-of-way line of 8th Street East to the Easterly right-of-way line of Talleyrand Avenue; Thence Southerly along the Easterly right-of-way line of Talleyrand Avenue to the Easterly right-of-way line of Parker Street; Thence Southerly along the Easterly right-of-way line of Parker Street to the Northerly right-of-way line of Adams Street East; Thence Easterly along the Northerly right-of-way of Adams Street East to the Easterly right-of-way line of Bryan Street: Thence Southerly along the Easterly right-of-way line of Bryan Street to the Northeasterly Right-of-way line of Isaiah D. Hart Expressway; Thence Southeasterly along the Northeasterly right-of-way line of Isaiah D. Hart Expressway to the intersection of the St Johns River; Thence Southwesterly to the intersection of the St Johns River and the Easterly right-of-way line of Broadcast Place; Thence southerly along the Easterly right-of-way line of Broadcast Place to the Northeasterly right-of-way line of Interstate – 95; Thence Southeasterly and Southerly along the Northeasterly right-of-way line of Interstate – 95 to the Northeasterly right-of-way line of Atlantic Boulevard; Thence continue Southerly along the Southeasterly right-of-way line of Interstate – 95 to the Northeasterly right-of-way of Phillips Highway; Thence Southeasterly along the Northeasterly right-of-way of Phillips Highway to the Southeasterly right-of-way line of Wishart Street; Thence Southwesterly along the Southeasterly right-of-way line of Wishart Street to the Westerly right-of-way line of St Augustine Road; Thence Northerly along the Westerly right-of-way line of St Augustine Road to the Southerly right-of-way line of River Oaks Road; Thence Westerly, Southerly and Southwesterly along the Southerly right-of-way of River Oaks Road to the intersection of the Southeasterly right-of-way line of River Oaks Road and the St Johns River; Thence Northwesterly from the intersection of the Southeasterly right-of-way of River Oaks Road and the intersection of St Johns River to the Intersection of St Johns River and the Southwesterly right-of-way line of King Street; Thence Northwesterly along the Southwesterly right-of-way line of King Street to the Northwesterly intersection of King Street and Park Street to the Point of Beginning.

The Urban Core Enhancement Area is shown on Figure 1 below.

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Section 2. The Urban Core Enhancement Area map, referenced in Section 614.138(d)(7), Figure 1, Ordinance Code, shall be replaced with the Urban Core Enhancement Area map attached hereto as Exhibit 1, and labeled as “Figure 1. Urban Core Enhancement Area”. The Municode codifier is requested to place same in the published Ordinance Code.

Section 3. Effective Date. This ordinance shall become effective upon signature by the Mayor or upon becoming effective without the Mayor's signature.

Form Approved:

/s/ Jason R. Gabriel

Office of General Counsel

Legislation prepared by: Jason R. Gabriel

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