Introduced by the Urban Affairs and Planning Committee

Introduced by the Urban Affairs and Planning Committee Land Use and Zoning Committee offers the following Substitute to File No. 2000-451:

ORDINANCE 2000-451

AN ORDINANCE APPROVING A DEVELOPMENT OF REGIONAL IMPACT (DRI) FOR BARTRAM PARK PURSUANT TO THE APPLICATION FOR DEVELOPMENT APPROVAL FILED JULY 19, 1999, BY BARTRAM PARK, LTD. (“APPLICANT”) AND SUFFICIENCY RESPONSES DATED DECEMBER7,1999 AND FEBRUARY 17, 2000; PROVIDING AN EFFECTIVE DATE.

WHEREAS, Applicant, Bartram Park, Ltd., as Developer of the development known as Bartram Park, has submitted an Application for Development Approval pursuant to Section 380.06 of the Florida Statutes for development of Bartram Park, which consists of 2,644.95 acres as more particularly described in Exhibit A, 2,516.63 acres of which are in Duval County as more particularly described in Exhibit B, the balance of which consisting of 128.32 acres are in St. Johns County as more particularly described on Exhibit C, to be developed in the manner described in the Application and Responses to Request for Additional Information dated December 7, 1999 and February 17, 2000 (hereinafter “Bartram Park” or the “Development”); and

WHEREAS, the Application and subsequent responses for additional information were submitted to the appropriate state, regional and local land planning agencies and have been reviewed by the City of Jacksonville’s (the “City’s”) Planning and Development Department; and

WHEREAS, the Planning and Development Department has considered the comments of the relevant agencies and has submitted recommendations concerning the Bartram Park DRI; and

WHEREAS, the proposed DRI does require an amendment to the City’s Comprehensive Plan; and

WHEREAS, an amendment to the City’s Comprehensive Plan is being approved simultaneously with the adoption of this Ordinance;

WHEREAS, the appropriate public hearing was properly noticed and held by the Council pursuant to Section 380.06 of the Florida Statutes; and

WHEREAS, after such public hearing and in consideration of the recommendations made and submitted to the Council, the Council has made certain findings and determinations: now, therefore

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

Section 1. The Bartram Park Development of Regional Impact (DRI) is a proposed multi-use development located at I-95 between St.Augustine and Racetrack Road on approximately 2,644.95 acres, 2,516.63 acres of which are in Duval County, and 128.32 acres of which are in St. Johns County, Florida.

Section 2. The Applicant has filed an Application for Development Approval dated July 19, 1999 (“ADA”), pursuant to Section 380.06, Florida Statutes (“F.S.”), for the Bartram Park DRI on certain real property more specifically described in the attached ExhibitA, (the "DRI Property").

Section 3. Warren A. Weiss, Trustee of the Marital Trust u/w/o Joseph Applebaum and Gran Central Corporation, Inc. (“GCC”) are the owners of the DRI Property and have duly authorized the Applicant to file the ADA and obtain a Development Order for the DRI Property.

Section 4. The authorized agent for the Applicant is J. Thomas Dodson, Jr., 13361 Atlantic Boulevard, Jacksonville, Florida 32225.

Section 5. The Applicant has duly provided complete copies of the ADA and all information for two sufficiency responses to the Planning and Development Department, Florida Department of Community Affairs, Northeast Florida Regional Planning Council, and St. Johns County; and

Section 6. The proposed DRI requires an amendment to the City’s Comprehensive Plan; and an amendment to the City’s Comprehensive Plan is being approved simultaneously with the adoption of this Ordinance. With the approval of the amendment to the City’s Comprehensive Plan, the development is consistent the local comprehensive plan and local land development and zoning regulations.

Section 7. Implementation of the Master Plan for Bartram Park depicted at Exhibit D as a multi use development will offer a variety of residential options with the ability to live, work, shop, and recreate in a distinct residential neighborhood or village/town center configuration utilizing employment opportunities within the DRI while maximizing access linkages throughout the development to limit as much as possible the necessity to travel outside the DRI.

Section 8. The development plan describes a development of regional impact as defined in Section 380.06, F.S.. The development plan has been found to be consistent with the legislative intent of protecting the natural resources and environment of this state as provided in Section 7, Article II of the State Constitution, and as stated in Section 380.021, F.S.. The proposed development will be compatible with and sensitive to the Julington Durbin preserve adjacent to the DRI, providing a high quality of life for families, employees and consumers within the DRI while protecting the beauty and benefit of the natural characteristics of the property and the adjacent preserve for future generations.

Section 9. The proposed DRI is not in an area designated as an Area of Critical State Concern pursuant to the provisions of Section 380.05, F.S.

Section 10. The proposed DRI is consistent with the State Comprehensive Plan.

Section 11. The proposed DRI is consistent with the Strategic Regional Policy Plan adopted by the Northeast Florida Regional Planning Council.

Section 12. The proposed DRI is consistent with the Assessment Report and Recommendations of the Northeast Florida Regional Planning Council (“NEFRPC”) issued pursuant to Section 380.06, F.S.

Section 13. Development undertaken in conformity with this development order shall not require further review by the City, the NEFRPC or the Department, except as provided herein. To wit:

1. Such development will not have a significant negative impact on the environment and natural resources of the region;

2. Such development will have a favorable economic impact on the economy of the region by providing new employment and business for the residents of the region;

3. Such development will efficiently use water, sewer, solid waste disposal, public schools, and other necessary public facilities;

4. Such development will efficiently use public transportation facilities;

5. Such development will favorably affect the ability of people to find adequate housing reasonably accessible to their places of employment; and

6. Such development will not create an unreasonable additional demand for, or additional use of, energy.

Section 14. The proceedings herein have been conducted in compliance with the provisions of Chapter 380, F.S., and all conditions precedent to the granting of development approval required by Chapter 380, F.S.

Section 15. The Development of Regional Impact approved herein is not located in either an area of critical state concern designated pursuant to the provisions of Section 380.05 or a Special Management Area designated pursuant to the City of Jacksonville Comprehensive Plan.

Section 16. The ADA for that portion of the Bartram Park DRI located in Duval County and submitted to the City by Bartram Park, Ltd. is hereby approved subject to the terms, conditions and restrictions set forth in the following General and Special Conditions:

GENERAL CONDITIONS

I. Application For Development Approval

The DRI shall be developed in accordance with the information, plans and commitments contained in (1) the Bartram Park DRI ADA dated July 19, 1999, (2) First Response for Additional Information dated December 7, 1999 and the Second Response for Additional Information dated February 17, 2000 and the Master Plan depicted at Exhibit D submitted by the Applicant as part of the DRI review prior to adoption of this Development Order, all of which are incorporated by reference except to the extent of any conflict with the express terms and conditions of the Bartram Park DRI Development Order in which case the terms and conditions of the Bartram Park DRI Development Order shall govern. The ADA, the First Response for Additional Information and the Second Response for Additional Information are on file in the City’s Department of Planning and Development.

II. Land Use totals.

The DRI may be developed with the following improvements:

Land Use Amount Acreage

Retail (commercial) 1,114,015 square feet 197.41

Office 4,099,822 square feet 469.63

Residential 5,288 units 883.67

Hotel 850 rooms 31.08

In addition, there will also be approximately 31.69 acres of community facilities, 294.38 acres of infrastructure, and 737.09 acres of open space. None of the development approved in the community facilities area shall be counted against the above land use totals. Likewise, if any school is built on the site, such school buildings shall be deemed community facilities. All of the foregoing development is located in Duval County. Those portions of the DRI located in St. Johns County are approved for development in a development order approved by the Board of County Commissioners of St. Johns County, Florida.

III. Land Use Exchange Table.

1. Land Use Exchange Table attached as Exhibit E is approved. The Developer may increase one type of land use and simultaneously decrease another type of land use with equivalent transportation impacts without filing a Notice of Proposed Change provided that such changes are consistent with the Land Use Exchange Table and are reported as part of the annual DRI reporting process identified herein. The Land Use Exchange Table is based on transportation, however, Developer commits to limit the impacts of potable water, sanitary sewer and solid waste in the application of the Land Use Exchange Table to those maximum amounts reflected in Exhibit E.

2. At the time of election of a land use conversion under the Land Use Exchange Table, the Applicant shall notify the City, Department of Community Affairs (“DCA”) and the NEFRPC of the election by written notice of the election at least 30 days before the local government hearing or meeting for approval of the proposed trade-off. So long as the trade-off is consistent with the criteria contained herein and no substantive change that would alter regional impacts is made to the Master Plan, no additional DRI approvals shall be required for the trade-off. Trade-off elections shall be reported annually as provided for in this Order. If the Land Use Exchange Table is used, the plan of development will be updated to reflect the changes in the next Notice of proposed Change Application and subsequent Development Order.

3. The Developer agrees to apply the conversion factor in such a manner that the result after application of the conversion factor will be no less than the minimum square footage and no more than the maximum square footage set forth below for each land use:

LAND USE MINIMUM MAXIMUM

Residential 2000 units 6000 units

Commercial 500,000 square feet 2,000,000 square feet

Office 2,000,000 square feet 6,000,000 square feet

Hotel 300 rooms 1,500 rooms

IV. Phasing, Buildout and Expiration of DRI.

The DRI shall be developed in three phases:

Land Use Phase I Phase II Phase III

(2000-2005) (2006-2010) (2011-2015)

Residential 2,663 units 2,010 units 615 units

(Includes multifamily 533 units 2,480 units 615 units)

Hotel 234 rooms 143 rooms 473 rooms

Retail(Commercial) 467,324 s.f. 202,908 s.f. 443,783 s.f.

Office 1,170,580 s.f. 1,085,198 s.f. 1,844,044 s.f.

The projected buildout date for all development is December31,2015. The DRI termination and DRI Development Order expiration dates are established as December 31, 2020.

V. Commencement of Development.

Physical development of the DRI shall commence within three (3) years of the effective date of this Development Order; however, this time period shall be tolled during the period of any appeal pursuant to Section 380.07, F.S., or during the pendency of administrative or judicial proceedings relating to development permits.

VI. Effective Date.

The Development Order shall take effect upon transmittal to the DCA in accordance with Rule 9J-2.025(5) F.A.C. and Subsection 380.07(2), F.S.

VII. Monitoring Official.

The Director of Planning and Development for the City of Jacksonville, Florida or its designee shall be the local official responsible for monitoring the development for compliance by the Applicant with this Development Order. Interpretation of the DRI as relates to any portion located St. Johns County shall be the Director of Planning or its designee, St. Johns County, Florida.

VIII. Downzoning Protection.

The Bartram Park DRI as approved in this Development Order shall not be subject to downzoning or reduction of approved land uses before December 31, 2020, unless the Applicant consents to such change or the City demonstrates that substantial changes in the conditions underlying the approval of this Development Order have occurred, or that the Development Order was based on substantially inaccurate information provided by the Applicant, or that the change is clearly established by the City to be essential to the public health, safety and welfare.

IX. Election Regarding Environmental Rules.

Pursuant to Section 380.06(5)(c), F.S. (1999), the Developer has elected to be bound by the rules adopted pursuant to Chapters 373 and 403 in effect as of the date of this Development Order, including, but not limited to, the provisions of Section 373.414(13), F.S. (1999). Such rules shall be applicable to all application for permits pursuant to those chapters which are necessary for and consistent with the development authorized in this Development Order, except that a later adopted rule shall be applicable to an application if:

1. the later adopted rule is determined by the rule adopting agency to be essential to the public health, safety, or welfare; or

2. the later adopted rule is adopted pursuant to §403.061(27), F.S.; or

3. the later adopted rule is being adopted pursuant to a subsequent enacted statutorily mandated program; or

4. the later adopted rule is mandated in order for the state to maintain delegation of a federal program; or

5. the later adopted rule is required by state or federal law. Further, to qualify for the benefits of this provision, the application must be filed within five (5) years from the issuance of this Development Order and the permit shall not be effective for more than eight (8) years from the issuance of this Development Order. Nothing in this paragraph shall be construed to alter or change any permitting agency's authority to approve permits or to determine applicable criteria for longer periods of time.

X. Annual Reporting.

The Applicant or its successors or assigns shall submit regular monitoring reports in accordance with Section 380.06, F.S. until the completion of the DRI. The report shall be submitted to St. Johns County, City of Jacksonville, the NEFRPC, and DCA, no later than June1 of the due year, commencing June 1, 2001 (the “Monitoring Report”). The interval between submittals of the regular monitoring reports shall be no greater than one year unless reporting requirements are changed to provide a greater interval than one year between reporting periods in which case the greater interval will apply. Form RPM-BSP-ANNUAL REPORT-1 of the DCA as amended from time to time, may be used for the format of this report. The annual report shall address the following: