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Observations and musings on Jacksonville Politics

San Marco Zoning Oddities

This innocent little post by one of my fellow authors last week stirred up quite a ruckus. Who knew a zoning change on Hendricks Avenue could generate so much interest? But, stir people up it did. This post bears evidence to a very small sampling of the reaction by neighbors. What has been left unanswered; however, is why this rezoning request wasn’t addressed when the Council first considered a land use map amendment for this property last year.  

In November 2008, Paul Harden requested that the City Council approve a land use map amendment on the same property (3634 Hendricks Ave) from Low Density Residential (LDR) to Residential-Professional-Institutional (RPI). The Council more than willingly complied, but the question arises, why didn’t Mr. Harden request a zoning change to a PUD at that time? According to the land use map amendment submittal, the rezoning request was supposed to accompany it.  And why is Mr. Harden requesting the same land use map amendment for the property again?  What changed between November 2008 and today? Perhaps something went wrong… One wonders if the Florida Department of Community Affairs took issue with the original land use map amendment… Of course, if our legislators have their way, there won’t be a Department of Community Affairs to regulate future growth. Check this story out.

The full legislation from 2008 is posted below…

Introduced by the Land Use and Zoning Committee:

ORDINANCE 2008-862-E
AN ORDINANCE APPROVING A PROPOSED SEMI-ANNUAL REVISION TO THE FUTURE LAND USE MAP SERIES OF THE 2010 COMPREHENSIVE PLAN BY CHANGING THE FUTURE LAND USE DESIGNATION FROM LOW DENSITY RESIDENTIAL (LDR) TO RESIDENTIAL-PROFESSIONAL-INSTITUTIONAL (RPI) ON APPROXIMATELY 0.28 OF AN ACRE OF LAND LOCATED IN COUNCIL DISTRICT 5 AT 3634 HENDRICKS AVENUE BETWEEN GREENRIDGE ROAD AND SAN JOSE BOULEVARD AND OWNED BY STEVE HARDEN, AS MORE PARTICULARLY DESCRIBED HEREIN, PURSUANT TO APPLICATION NUMBER 2008C-010, FOR TRANSMITTAL TO THE STATE OF FLORIDA’S VARIOUS AGENCIES FOR REVIEW; PROVIDING AN EFFECTIVE DATE.

WHEREAS, pursuant to the provisions of Section 650.402(b), Ordinance Code, Application Number 2008C-010 requesting a revision to the Future Land Use Map series of the 2010 Comprehensive Plan to change the future land use designation from Low Density Residential (LDR) to Residential-Professional-Institutional (RPI) has been filed by Paul M. Harden, Esquire on behalf of Steve Harden, the owner of certain real property located in Council District 5, as more particularly described in Section 2 and referenced therein as the “Subject Property”; and
WHEREAS, the Planning and Development Department reviewed the proposed revision and application, held a public information workshop on this proposed amendment to the 2010 Comprehensive Plan, with due public notice having been provided, and having reviewed and considered all comments received during the public workshop, has prepared a written report and rendered an advisory recommendation to the Council with respect to this proposed amendment; and
WHEREAS, the Planning Commission, acting as the Local Planning Agency (LPA), held a public hearing on this proposed amendment, with due public notice having been provided, reviewed and considered all comments received during the public hearing and made its recommendation to the City Council; and
WHEREAS, the Land Use and Zoning (LUZ) Committee held a public hearing on this proposed amendment pursuant to Chapter 650, Part 4, Ordinance Code, and having considered all written and oral comments received during the public hearing, has made its recommendation to the Council; and
WHEREAS, the City Council held a public hearing on this proposed amendment with public notice having been provided, pursuant to Section 163.3184, Florida Statutes, and Chapter 650, Part 4, Ordinance Code, and having considered all written and oral comments received during the public hearing, the recommendations of the Planning and Development Department, the Planning Commission and the LUZ Committee, desires to transmit this proposed amendment through the State’s Pilot Program for amendment review to the Florida Department of Community Affairs (“DCA”), as the State Land Planning Agency, the Northeast Florida Regional Council, the Florida Department of Transportation, the St. Johns River Water Management District, the Florida Department of Environmental Protection, the Florida Fish and Wildlife Conservation Commission, the Department of State’s Bureau of Historic Preservation, and the Department of Agriculture and Consumer Affairs; now therefore
BE IT ORDAINED by the Council of the City of Jacksonville:
Section 1. Purpose and Intent. The Council hereby approves for transmittal to the various State agencies for review a proposed semi-annual revision to the Future Land Use Map series of the 2010 Comprehensive Plan by changing the future land use designation from Low Density Residential (LDR) to Residential-Professional-Institutional (RPI), pursuant to Application Number 2008C-010.
Section 2. Subject Property Location and Description. The approximately 0.28 of an acre of land is located in Council District 5 at 3634 Hendricks Avenue between Greenridge Road and San Jose Boulevard (R. E. number 082961-0000), as more particularly described in Exhibit 1 and graphically depicted in Exhibit 2, both of which are attached hereto and incorporated herein by this reference (Subject Property).
Section 3. Owner and Applicant Description. The Subject Property is owned by Steve Harden. The applicant listed on the application is Paul M. Harden, Esquire with an address of 1301 Riverplace Boulevard, Suite 2601, Jacksonville, Florida 32207 and a telephone number of (904) 396-5731.
Section 4. Effective Date. This ordinance shall become effective upon signature by the Mayor or upon becoming effective without the Mayor’s signature.
Form Approved:

/s/ Dylan T. Reingold______________
Office of General Counsel
Legislation Prepared by: Robert K. Riley
G:SHAREDLEGIS.CC2008ordSEMI ANNUALS2008-862.doc

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