AMENDED 3/10/15

Introduced and amended by the Land Use and Zoning Committee:

ORDINANCE 2015-23-E

AN ORDINANCE REZONING APPROXIMATELY395acres LOCATED IN COUNCIL DISTRICT11AT 14250 boney road between grover road and spring hammock road(R.E no(s) a portion of 159735-0000 and 159733-0030), AS DESCRIBED HEREINOWNED BYcity national bank of florida, trustee, FROM residential rural-acre (rr-acre)DISTRICT TO PLANNED UNIT DEVELOPMENT (pud) DISTRICT, AS DEFINED AND CLASSIFIED UNDER THE ZONING CODE, TO PERMITthe cluster development of a single family community AS DESCRIBED IN THE APPROVED WRITTEN DESCRIPTION AND SITE PLAN FOR THEedwards creekPreservePUD; 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,City National Bank of Florida, Trustee, the owner(s) of approximately395 acres located in Council District11 at 14250 Boney Road between Grover Road and Spring Hammock Road(R.E. No(s)a portion of 159735-0000 and 159733-0030), as more particularly described in Exhibit 1,attached hereto and dated December 4, 2014 (Subject Property), has applied for a rezoning and reclassification of that property fromResidential Rural-Acre (RR-Acre) 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 fromResidential Rural-Acre (RR-Acre)District to Planned Unit Development (PUD) District, as shown and described in the approved site plan datedDecember 4, 2014, and written description datedDecember 3, 2014for theEdwards CreekPreservePUD. The PUD district for the Subject Property shall generally permitthe clustered development of a single family community as more specifically shown and described in the approved site plan and written description, both attached hereto as Exhibit 2.

Section 2.Owner and Description.The Subject Property is owned byCity National Bank of Florida, Trustee, and is legally described in Exhibit 1. The agent isT. R. Hainline, Esquire, Rogers Towers, P.A., 1301 Riverplace Boulevard, Suite 1500, Jacksonville, Florida 32207; (904)346-5531.

Section 3.Rezoning Approved Subject to Conditions. This rezoning is approved subject to the following condition(s). Such conditions may only be amended through a rezoning.

(a)The subject property shall be as depicted on the original legal description dated December 4, 2014.

(b)The subject property shall be developed in accordance with the original written description dated December 3, 2014, unless modified by these specific conditions stated herein.

(c)The subject property shall be developed in accordance with the original site plan dated December 4, 2014, unless modified by these specific conditions stated herein.

(d)The subject property shall be developed in accordance with the Development Services Division Memorandum dated January 30, 2015, attached hereto as Exhibit 3, or as otherwise approved by the Planning and Development Department.

(e)No structure shall be placed within 30 feet of the mean high water line.

(f)The minimum rear dimension on any lot abutting a residential use or district on the north and west of the subject property shall be a minimum of 87.5 feet.

(g)Only one dwelling unit is permitted on each lot, and there shall be no habitable accessory structures.

(h)The maximum height of any structure south of Boney Road shall be 35 feet above existing grade.

(i)There shall be no roof decks, widows walks or similar structures on: perimeter lots adjacent to a residential use or district; or any perimeter lot if required by Firewise Measures as promoted by the Florida Forest Service.

(j)Additional Conditions, attached hereto as Exhibit 4, which include the “Firewise Measures,” Landscaping, Class II/OFW Regulatory Requirements, Marshfront Construction, Lighting, Conservation Easement, Boney Rd./Starratt Road Safety Improvements, Amenity Phasing, Bus Stops, and Visual Screen. These attached Additional Conditions shall operate as Conditions of this rezoning and shall control over the Written Description should there be a conflict.

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:Paul Davis

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