Substituted & rereferred 11/10/08

Amended 2/10/09

Introduced,substituted and amendedby the Land Use and Zoning Committee:

ORDINANCE 2008-840-E

AN ORDINANCE REZONING APPROXIMATELY 12.04 ACRES LOCATED IN COUNCIL DISTRICT 6 AT 12276 san jose boulevard between orange pickers road and mandarin meadows drive, (R.E. NO. 159567-0000, 159568-0005, 158173-0300, 158173-0500, 158173-4005, 158174-0000, 158190-0000 and 158174-0010) AS DESCRIBED HEREIN, OWNED BY OWNED BY various individuals and entities as described in the application, FROM co (commercial office) DISTRICT TO PUD (PLANNED UNIT DEVELOPMENT) DISTRICT, AS DEFINED AND CLASSIFIED UNDER THE ZONING CODE, to permit commercial, residential, and officeuses, AS DESCRIBED IN THE APPROVED WRITTEN DESCRIPTION AND SITE PLAN FOR THE south jax office park development PUD; PROVIDING AN EFFECTIVE DATE.

WHEREAS, the owners of approximately 12.04 acres located in Council District 6at 12276 San Jose Boulevard between Orange Pickers Road and Mandarin Meadows Drive (R. E. Nos. 159567-0000, 159568-0005, 158173-0300, 158173-0500, 158173-4005, 158174-0000, 158190-0000 and 158174-0010) as more particularly described in Revised Exhibit 1,attached hereto (Subject Property), have applied for a rezoning and reclassification of that property from CO (Commercial Office) District to PUD (Planned Unit Development) 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 2010 Comprehensive Plan; (2) furthers the goals, objectives and policies of the 2010 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 from CO (Commercial Office) District to PUD (Planned Unit Development) District, as shown and described in the approved site plan dated January 9, 2009and written description dated January 9, 2009, for the South Jax Office Park Development PUD. The PUD district for the Subject Property shall generally permit commercial, residential, and office uses, as more specifically shown and described in the approved site plan and written description, both attached hereto as Revised Exhibit 2.

Section 2.Rezoning Approved Subject to Conditions. This rezoning is approved subject to the following conditions:

(a) Building #550 shall be limited to one story in height, and building #900 shall be limited to two stories in height as noted on the revised PUD site plan dated January 9, 2009.

(b)At the time of Verification of Substantial Compliance of the PUD, a lighting plan shall be submitted for review and approval of the Planning and Development Department. Proposed lighting shall be designed and installed to prevent glare or excessive light on adjacent residentially zoned property. Existing lighting that emits excessive light on the adjacent residentially zoned property shall be fitted with reflectors to prevent the excessive light, and shall be subject to the review and approval of the Planning and Development Department.

(c) Prior to Verification of Substantial Compliance of the PUD, the dumpsters near building #900 and Mandarin Meadows Drive shall be relocated away from the residentially zoned property, subject to the review and approval of the Planning and Development Department.

(d) Prior to construction activity, the developer shall install the required 85% opaque fence and visual screen in the buffer between uncomplimentary land uses. The fence material shall be wood, wood composite, or vinyl where required. The type of fence shall be coordinated with each individual property owner per their request. The fence structure shall be eight feet in height as measured from the established grade or post construction grade.

(e) All Live Oak trees installed as part of the new buffer between uncomplimentary land uses shall be minimum 4 inch caliper.

(f)Ingress and egress to the property located contiguous to the west of Building #550 and the other residentially zoned properties shall be prohibited; and

(g) Permitted uses and structures for this PUD district are as follows. All buildings include (i) below.

(i) Permitted uses and structures in the CO district and permissible uses by exception in the CO district approved via the applicable procedures for the grant of a zoning exception.

Only buildings 100, 200 and 600 include the following:

(ii)Medical and Dental offices including facilities for production of eyeglasses, hearing aids, dentures, prosthetic appliances, and similar products in conjunction with a professional service being rendered. (BUT NOT CLINICS OR HOSPITALS.)

(iii) Professional and business offices.

(iv) Vocational, trade, business schools or colleges.

(v) Libraries, museums and community centers.

(vi) Radio and television broadcasting studios and offices (subject to Part 15).

(vii) Banks, financial institutions, savings and loan institutions and similar uses without dive-thru facilities.

(viii) Art galleries, dance, art, gymnastics, fitness centers, martial arts, music studios and theaters for stage performances (but not motion picture theaters).

(ix) Cosmetology, electrolysis and laser treatment facilities, hair salon, day spa and similar uses.

(x) Employment and recruitment offices (but not a day labor pool).

(xi) Retails sales (display and storage of merchandise shall be subordinate and clearly incidental to a permitted use from the above list, and shall not exceed 25% gross floor area of said use).

Section 3.Owner and Description.The Subject Property is owned by various individuals and entities as listed in the application and is legally described in Revised Exhibit 1. The agent isSusan E. Green, 200 First Street, Suite B, Neptune Beach, Florida 32266; (904) 241-6611.

Section 4.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/ Shannon K. Eller______

Office of General Counsel

Legislation Prepared By Shannon K. Eller

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