AMENDED 2/28/17

Introduced, amended by the Land Use and Zoning Committee and amended on the Floor by Council:

ORDINANCE 2017-10-E

AN ORDINANCE REZONING APPROXIMATELY1.90acres LOCATED IN COUNCIL DISTRICT14AT 1000 riverside avenue between post street and lomax street(R.E no(s) 090198-0000), AS DESCRIBED HEREINOWNED BYpadgett premiere propterties, llc, FROM commercial residential office (CRO)DISTRICT TO PLANNED UNIT DEVELOPMENT (pud) DISTRICT, AS DEFINED AND CLASSIFIED UNDER THE ZONING CODE, TO PERMITmixed usesAS DESCRIBED IN THE APPROVED WRITTEN DESCRIPTION AND SITE PLAN FOR THE1000 riversidePUD;CERTIFICATION REQUIRED FOR SATISFACTION OF CONDITION(S);PUD REZONING SUBJECT TO CONDITION(S);pROVIDING A DISCLAIMER THAT THE rezoning granted herein shall notbe construed as an exemption from any other applicable laws; PROVIDING AN EFFECTIVE DATE.

WHEREAS,Padgett Premiere Properties, LLC, the owner(s) of approximately1.90 acres located in Council District14 at 1000 Riverside Avenue between Post Street and Lomax Street(R.E. No(s)090198-0000), as more particularly described in Exhibit 1,attached hereto and dated November 15, 2016 and generally depicted in Exhibit 2, both of which are attached hereto and incorporated herein by this reference (Subject Property), hasapplied for a rezoning and reclassification of that property fromCommercial Residential Office (CRO) District to Planned Unit Development (PUD) District, as described in Section 1 below; and

WHEREAS, the Planning Commission has considered the application and has rendered an advisory opinion; and

WHEREAS, the Land Use and Zoning Committee, after due notice and public hearing, has made its recommendation to the Council; and

WHEREAS, the Council finds that such rezoning is: (1) consistent with the 2030 Comprehensive Plan; (2) furthers the goals, objectives and policies of the 2030 Comprehensive Plan; and (3) is not in conflict with any portion of the City’s land use regulations; and

WHEREAS, the Council finds the proposed rezoning does not adversely affect the orderly development of the City as embodied in the Zoning Code; will not adversely affect the health and safety of residents in the area; will not be detrimental to the natural environment or to the use or development of the adjacent properties in the general neighborhood; and will accomplish the objectives and meet the standards of Section 656.340 (Planned Unit Development) of the Zoning Code; now therefore

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

Section 1.Property Rezoned.The Subject Property is hereby rezoned and reclassified fromCommercial Residential Office (CRO) District to Planned Unit Development (PUD) District. This new PUD district shall generally permit mixed uses, and isdescribed, shown and subject to thefollowing attached documents:

Exhibit 1– Legal Description dated November 15, 2016.

Exhibit 2– Subject Property per P&D D.

Revised Exhibit 3 – Revised Written Description dated February 22, 2017.

Revised Exhibit 4 – Revised Written Description dated February 22, 2017.

Section 2.Owner and Description.The Subject Property is owned byPadgett Premiere Properties, LLC, and is legally described in Exhibit 1. The agent isSteve Diebenow, One Independent Drive, Suite 1200, Jacksonville, Florida 32202; (904)301-1269.

Section 3.Rezoning Approved Subject to Condition(s). This rezoning is approved subject to the following condition(s). Such conditions control over the written description and may only be amended through a rezoning.

(a)The height of the 1000 Riverside building is limited to 130 feet as measured from the finished floor, however any new construction (on the balance of the property) is limited to 80 feet in height as measured from the finished floor, with the exception of elevator structures, external stairwell, mechanical equipment, water closets, spires, cupolas, antennas, chimneys, open-air rooftop terrace area associated appurtenances.

(b)New construction, other than the 1000 Riverside building, measuring from 60 feet to 80 feet in height, and new parking structures, shall comply with the Riverside/Avondale Zoning Overlay, and will also be subject to review by the Jacksonville Historic Preservation Commission.

(c)Only the signs described in the Revised Written Description dated February 22, 2017 and attached to Ordinance 2017-10-E shall be allowed;

(d)For purposes of clarification, the building identification signs located on the upper structure of the existing building, which is stepped back from the main plane of the building, shall be limited to the following:

  1. One building identification sign not exceeding 575 square feet, in the location of the existing sign on the side of the building facing Riverside Avenue;
  2. One building identification sign not exceeding 300 square feet, on the wall facing Post Street and perpendicular to the existing wall sign. This sign may not be internally illuminated;

(e)The small parking lot shall be developed in accordance with Revised Exhibit 4 attached to Ordinance 2017-10-E, and shall include a continuous 2-3 foot evergreen hedge along the Post Street and Riverside Avenue sides of the lot. The hedge shall reach a height of 2-3 feet, and be full and continuous (with the exception of the driveways) within 3 years.

Section 4.Disclaimer.The rezoning granted herein shall notbe construed as an exemption from any other applicable local, state, or federal laws, regulations, requirements, permits or approvals. All other applicable local, state or federal permits or approvals shall be obtained before commencement of the development or use and issuance of this rezoning is based upon acknowledgement, representation and confirmation made by the applicant(s), owner(s), developer(s) and/or any authorized agent(s) or designee(s) that the subject business, development and/or use will be operated in strict compliance with all laws. Issuance of this rezoning does not approve, promote or condone any practice or act that is prohibited or restricted by any federal, state or local laws.

Section 5.Effective Date. The adoption of this ordinance shall be deemed to constitute a quasi-judicial action of the City Council and shall become effective upon signature by the Council President and the Council Secretary.

Form Approved:

/s/ Susan C. Grandin_____

Office of General Counsel

Legislation Prepared By:Bruce Lewis

GC-#676245-v1-2017-10-E.doc

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