LAND USE & ZONING COMMITTEE

 

MINUTES OF THE REGULAR MEETING

 

July 19, 2011

 

REGGIE BROWN, CHAIR

 

CHERYL L. BROWN, COUNCIL SECRETARY/DIRECTOR

 

 

MINUTES OF THE REGULAR MEETING of the Council of the City of Jacksonville, held in Council Chambers, City Hall, Jacksonville, Florida, July 19, 2011.  The meeting was called to order at 5:00 P.M. by Committee Chair Reggie Brown.  The meeting adjourned at 6:08 P.M.

 

 

 

Members in Attendance:                                                 Staff Attendance:

 

CM Reggie Brown, Chair                                                 Merriane Lahmeur, Legislative Asst.

CM Ray Holt, Vice Chair                                                 Dylan Reingold, General Counsel

CM Lori Boyer                                                                           Rick Campbell, Research Asst.

CM Doyle Carter – Arrived 5:03                                                  John Crofts, Planning Dept.

CM Jim Love                                                                              Sean Kelly, Planning Dept.

CM Robin Lumb                                                             Folks Huxford, Planning Dept.

CM Don Redman                                                                       Ken Avery, Planning Dept.

Kenneth Browning, Sgt-at-Arms

  

 

 

 

 

 

Others in Attendance:

 

 

 

Council President Joost

 

 

 

 

 

 

 

 

1.    2010-670   A RESOLUTION EXPRESSING THE CITY'S SUPPORT FOR THE APPLICATION BY THE YOUTH IN ACTION CENTER, INC. CDC TO PARTICIPATE IN THE FLORIDA COMMUNITY CONTRIBUTION TAX CREDIT PROGRAM FOR PURPOSES OF CONSTRUCTING AND OPERATING A REDEVELOPMENT PROJECT; PROVIDING AN EFFECTIVE DATE; 8/17/2010 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON RECREATION, COMMUNITY DEVELOPMENT, PUBLIC HEALTH & SAFETY: September 20, 2010

 

Recommend to APPROVE.

 

REPORT OF THE COMMITTEE ON LAND USE & ZONING: July 19, 2011

 

Recommend  to WITHDRAW.

 

AYES - Boyer, Brown, Carter, Holt, Love, Lumb, Redman, ( 7 )

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2.    2011-158   AN ORDINANCE ADOPTING A SMALL-SCALE AMENDMENT TO THE FUTURE LAND USE MAP SERIES OF THE 2030 COMPREHENSIVE PLAN BY CHANGING THE FUTURE LAND USE DESIGNATION FROM LDR (LOW DENSITY RESIDENTIAL) TO LI (LIGHT INDUSTRIAL) ON APPROXIMATELY 5.10 ACRES OF LAND LOCATED IN COUNCIL DISTRICT 8 AT 9816 MONCRIEF-DINSMORE ROAD (A PORTION OF R. E. NO. 002796-0000) BETWEEN I-295 AND TROUT RIVER BOULEVARD AND OWNED BY MCKINLEY CRAWFORD, AS MORE PARTICULARLY DESCRIBED HEREIN, PURSUANT TO APPLICATION NUMBER 2011C-005; PROVIDING AN EFFECTIVE DATE; 3/15/2011 - Read 2nd & Rerefer; 4/19/2011 - PH/ Approve 7-0

 

REPORT OF THE COMMITTEE ON LAND USE & ZONING: July 19, 2011

 

The Chair OPENED the Public Hearing and extended the floor to anyone desiring to address the Council.  The Chair CLOSED the Public Hearing.

 

Recommend to APPROVE.

 

AYES - Boyer, Brown, Carter, Holt, Love, Lumb, Redman, ( 7 )

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3.    2011-159   AN ORDINANCE REZONING APPROXIMATELY 5.10 ACRES OF LAND LOCATED IN COUNCIL DISTRICT 8 AT 9816 MONCRIEF-DINSMORE ROAD (A PORTION OF R. E. NO. 002796-0000) BETWEEN I-295 AND TROUT RIVER BOULEVARD AND OWNED BY MCKINLEY CRAWFORD, AS MORE PARTICULARLY DESCRIBED HEREIN, FROM RR-ACRE (RESIDENTIAL RURAL-ACRE) DISTRICT TO IL (INDUSTRIAL LIGHT) DISTRICT AS DEFINED AND CLASSIFIED UNDER THE ZONING CODE, PURSUANT TO FUTURE LAND USE MAP SERIES (FLUMS) SMALL-SCALE LAND USE AMENDMENT APPLICATION NUMBER 2011C-005; PROVIDING AN EFFECTIVE DATE; 3/15/2011 - Read 2nd & Rerefer; 4/19/2011 - PH/ Approve 7-0

 

REPORT OF THE COMMITTEE ON LAND USE & ZONING: July 19, 2011

 

The Chair OPENED the Public Hearing and extended the floor to anyone desiring to address the Council.  The Chair CLOSED the Public Hearing.

 

Recommend to APPROVE.

 

AYES - Boyer, Brown, Carter, Holt, Love, Lumb, Redman, ( 7 )

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4.    2011-340   AN ORDINANCE REZONING APPROXIMATELY 38.76  ACRES LOCATED IN COUNCIL DISTRICT 3 ON MIDDLETON PARK CIRLE EAST BETWEEN J. TURNER BUTLER BOULEVARD AND WILLIAM DAVIS PARKWAY (R.E. NO(S). 167770-1005), AS DESCRIBED HEREIN, OWNED BY BLC-CYPRESS VILLAGE, FROM PUD (PLANNED UNIT DEVELOPMENT) DISTRICT TO PUD (PLANNED UNIT DEVELOPMENT) DISTRICT, AS DEFINED AND CLASSIFIED UNDER THE ZONING CODE, TO PERMIT ADDITIONAL SALES AND SERVICE OF ALCOHOLIC BEVERAGES, AS DESCRIBED IN THE APPROVED WRITTEN DESCRIPTION AND SITE PLAN FOR THE CYPRESS VILLAGE PUD; PROVIDING AN EFFECTIVE DATE; 6/7/2011 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON LAND USE & ZONING: July 19, 2011

 

The Chair OPENED the Public Hearing and extended the Privilege of the Floor to anyone in the audience desiring to address the Committee.  The Chair CLOSED the Public Hearing.

 

Recommend to AMEND and APPROVE.

 

AYES - Boyer, Brown, Holt, Love, Lumb, Redman, ( 6 )

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5.    2011-343   AN ORDINANCE REZONING APPROXIMATELY 4.93+ ACRES OF LAND LOCATED IN COUNCIL DISTRICT 4 AT  7720 PHILIPS HIGHWAY BETWEEN BAYMEADOWS WAY WEST AND BAYCENTER ROAD AND OWNED BY ZAWYER REALTY, LLC, AS MORE PARTICULARLY DESCRIBED HEREIN, FROM IL (INDUSTRIAL LIGHT) DISTRICT TO IH (INDUSTRIAL HEAVY) DISTRICT AS DEFINED AND CLASSIFIED UNDER THE ZONING CODE, PURSUANT TO FUTURE LAND USE MAP SERIES (FLUMS) SMALL-SCALE LAND USE AMENDMENT APPLICATION NUMBER 2011C-006; PROVIDING AN EFFECTIVE DATE; 6/7/2011 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON LAND USE & ZONING: July 19, 2011

 

The Chair OPENED the Public Hearing and extended the Privilege of the Floor to anyone in the audience desiring to address the Committee.  The Chair CLOSED the Public Hearing.

 

Recommend to SUBSTITUTE and REREFER to the Committee(s).

 

AYES - Boyer, Brown, Carter, Holt, Love, Lumb, Redman, ( 7 )

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6.    2011-344   AN ORDINANCE ADOPTING A SMALL-SCALE AMENDMENT TO THE FUTURE LAND USE MAP SERIES OF THE 2030 COMPLREHENSIVE PLAN BY CHANGING THE FUTURE LAND USE DESIGNATION FROM MEDIUM DENSITY RESIDENTIAL (MDR) TO COMMUNITY/GENERAL COMMERCIAL (CGC) ON APPROXIMATELY 0.96+ ACRES OF LAND LOCATED IN COUNCIL DISTRICT 8 AT 7334 LEM TURNER ROAD AND 7327 SMYRNA STREET"BETWEEN LILA STREET AND IDA STREET AND OWNED BY RACETRAC PETROLEUM, INC. AND ELISE MADDOX, AS MORE PARTICULARLY DESCRIBED HEREIN, PURSUANT TO APPLICATION NUMBER 2011C-007; PROVIDING AN EFFECTIVE DATE; 6/7/2011 - Read 2nd & Rerefer; 6/21/2011 - Amend/Rerefer 7-0

 

REPORT OF THE COMMITTEE ON LAND USE & ZONING: July 19, 2011

 

The Chair OPENED the Public Hearing and extended the Privilege of the Floor to anyone in the audience desiring to address the Committee.  The Chair CLOSED the Public Hearing.

 

Recommend to AMEND and APPROVE.

 

AYES - Boyer, Brown, Carter, Holt, Love, Lumb, Redman, ( 7 )

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7.    2011-345   AN ORDINANCE REZONING APPROXIMATELY 2.74+ ACRES OF LAND LOCATED IN COUNCIL DISTRICT 8 AT 7334 LEM TURNER ROAD AND 7327 SMYRNA STREET BETWEEN IDA STREET AND LILA STREET AND OWNED BY RACETRAC PETROLEUM, INC. AND ELISE MADDOX, AS MORE PARTICULARLY DESCRIBED HEREIN, FROM THE PUD (PLANNED UNIT DEVELOPMENT), CCG-1 (COMMERCIAL COMMUNITY/GENERAL-1), CCG-2 (COMMERCIAL COMMUINITY/GENERAL-2) AND RMD-A (RESIDENTIAL MEDIUM DENSITY-A) DISTRICTS TO PUD (PLANNED UNIT DEVELOPMENT) DISTRICT AS DEFINED AND CLASSIFIED UNDER THE ZONING CODE, TO PERMIT A GAS STATION AND CONVENIENCE STORE, AS DESCRIBED IN THE APPROVED WRITTEN DESCRIPTION AND SITE PLAN FOR THE RACETRAC PETROLEUM STATION AT LEM TURNER ROAD PUD PURSUANT TO FUTURE LAND USE MAP SERIES (FLUMS) SMALL-SCALE LAND USE AMENDMENT APPLICATION NUMBER 2011C-007; PROVIDING AN EFFECTIVE DATE; 6/7/2011 - Read 2nd & Rerefer; 6/21/2011 - Amend/Rerefer 7-0

 

REPORT OF THE COMMITTEE ON LAND USE & ZONING: July 19, 2011

 

The Chair OPENED the Public Hearing and extended the Privilege of the Floor to anyone in the audience desiring to address the Committee.  The Chair CLOSED the Public Hearing.

 

Recommend to AMEND and APPROVE.

 

AYES - Boyer, Brown, Carter, Holt, Love, Lumb, Redman, ( 7 )

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8.    2011-346   AN ORDINANCE ADOPTING A SMALL-SCALE AMENDMENT TO THE FUTURE LAND USE MAP SERIES OF THE 2030 COMPREHENSIVE PLAN BY CHANGING THE FUTURE LAND USE DESIGNATION FROM HIGH DENSITY RESIDENTIAL (HDR) TO MEDIUM DENSITY RESIDENTIAL (MDR) ON APPROXIMATELY 2.46+ ACRES OF LAND LOCATED IN COUNCIL DISTRICT 8 AT 6720 NORWOOD AVENUE BETWEEN DORCHESTER STREET AND ALDERSIDE STREET AND OWNED BY GRACE AND TRUTH COMMUNITY DEVELOPMENT CORPORATION, AS MORE PARTICULARLY DESCRIBED HEREIN, PURSUANT TO APPLICATION NUMBER 2011C-002; PROVIDING AN EFFECTIVE DATE; 6/7/2011 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON LAND USE & ZONING: July 19, 2011

 

The Chair OPENED the Public Hearing and extended the floor to anyone desiring to address the Council.  The Chair CLOSED the Public Hearing.

 

Recommend to APPROVE.

 

AYES - Boyer, Brown, Carter, Holt, Love, Lumb, Redman, ( 7 )

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9.    2011-347   AN ORDINANCE REZONING APPROXIMATELY 0.687  ACRES LOCATED IN COUNCIL DISTRICT 5 AT 5443 SAN JOSE BOULEVARD BETWEEN CORNELL ROAD AND UNIVERSITY BOULEVARD (R.E. NO(S). 146810-0010), AS DESCRIBED HEREIN, OWNED BY WATSON REALTY CORP, FROM PUD (PLANNED UNIT DEVELOPMENT) DISTRICT TO PUD (PLANNED UNIT DEVELOPMENT) DISTRICT, AS DEFINED AND CLASSIFIED UNDER THE ZONING CODE, TO PERMIT ADDITIONAL COMMERCIAL USES, AS DESCRIBED IN THE APPROVED WRITTEN DESCRIPTION AND SITE PLAN FOR THE WATSON REALTY AT SAN JOSE PUD; PROVIDING AN EFFECTIVE DATE; 6/7/2011 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON LAND USE & ZONING: July 19, 2011

 

The Chair OPENED the Public Hearing and extended the Privilege of the Floor to anyone in the audience desiring to address the Committee.  The Chair CLOSED the Public Hearing.

 

Recommend to AMEND and APPROVE.

 

AYES - Boyer, Brown, Carter, Holt, Love, Lumb, Redman, ( 7 )

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10.    2011-380   AN ORDINANCE APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF JACKSONVILLE AND DANIEL DUDLEY, GARY DUDLEY AND JOHN DUDLEY AS TRUSTEES OF THE DUDLEY FAMILY TRUST, CONCERNING A DEVELOPMENT (CCAS NO(S). 32785.1 AND 32787.1) KNOWN AS "SAN JOSE VENTURE", CONSISTING OF APPROXIMATELY 1.95  ACRES LOCATED IN COUNCIL DISTRICT 6, ON SAN JOSE BOULEVARD, BETWEEN JULINGTON CREEK ROAD AND WESTBERRY ROAD (R.E. NO(S). 159170-0100 AND 159166-0000), AS MORE PARTICULARLY DESCRIBED THEREIN, FOR A MAXIMUM OF 20,000 SQUARE FEET OF WAREHOUSE USES AND A MAXIMUM OF 9,600 SQUARE FEET OF ENCLOSED AREA FOR AUTO REPAIR USES WITH 3 BAYS SUBJECT TO A PERFORMANCE SCHEDULE AND THE PAYMENT OF AN ANNUAL RENEWAL FEE FOR THE PURPOSE OF RESERVING TRAFFIC CIRCULATION CAPACITY, PURSUANT TO PART 2, CHAPTER 655, ORDINANCE CODE; PROVIDING AN EFFECTIVE DATE.; 6/21/2011 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON LAND USE & ZONING: July 19, 2011

 

The Chair OPENED the Public Hearing and extended the Privilege of the Floor to anyone in the audience desiring to address the Committee.  The Chair CLOSED the Public Hearing.

 

Recommend to AMEND and APPROVE.

 

AYES - Boyer, Brown, Carter, Holt, Love, Lumb, Redman, ( 7 )

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2ND READINGS

 

11.    2011-408   AN ORDINANCE CONCERNING NUISANCE AND EMERGENCY ABATEMENT ALTERNATIVES FOR HISTORIC PROPERTIES; AMENDING CHAPTER 76 (HISTORIC PRESERVATION COMMISSION), SECTION 76.103 (POWERS AND DUTIES) TO CREATE A RULEMAKING PROCESS; AMENDING CHAPTER 307 (HISTORIC PRESERVATION AND PROTECTION), SECTION 307.102 (DEFINITIONS) TO CREATE A NEW DEFINITION FOR "MOTHBALLING"; AMENDING SECTION 307.106 (APPROVAL OF CHANGES TO LANDMARKS, LANDMARK SITES, AND PROPERTY IN HISTORIC DISTRICTS) TO REQUIRE A CERTIFICATE OF APPROPRIATENESS FOR DEMOLITIONS AND FOR MOTHBALLING (INCLUDING CRITERIA FOR REVIEWING SUCH APPLICATIONS) AND TO REQUIRE THE LEAST INTRUSIVE METHOD OF ABATING NUISANCE AND EMERGENCY CONDITIONS AS AN ALTERNATIVE TO DEMOLITION; AMENDING SECTION 307.110 (MAINTENANCE AND REPAIR OF LANDMARKS, LANDMARK SITES, AND PROPERTY IN HISTORIC DISTRICTS) TO ADD CHAPTER 307 TO CITATION ENFORCEMENT AUTHORITY; AMENDING SECTION 307.113 (CONSTRUCTION WITH OTHER LAWS AND SEVERABILITY) TO REQUIRE A CERTIFICATE OF APPROPRIATENESS BEFORE UNDERTAKING NON-EMERGENCY NUISANCE ABATEMENT OF HISTORIC STRUCTURES; CREATING A NEW SECTION 307.114 (SEVERABILITY) TO INCORPORATE THE EXISTING SUBSECTION (B) OF SECTION 307.113; RENUMBERING THE EXISTING SECTION 307.114; CREATING A NEW 307, PART 3 (ENFORCEMENT ALTERNATIVES TO PROVISIONS OF CHAPTER 518) TO AUTHORIZE THE USE OF MOTHBALLING TO PRESERVE HISTORIC BUILDINGS FROM CONTINUED DECAY WHILE ELIMINATING AN OPEN AND UNSAFE BLIGHTING NUISANCE, AND TO AUTHORIZE THE CREATION OF AN ADMINISTRATIVE RULE TO DETAIL APPROPRIATE MOTHBALLING PROCEDURES; AMENDING SECTION 518.205 (BOARDING OF VACANT BUILDINGS OR DWELLINGS) TO AUTHORIZE MOTHBALLING AS AN ENFORCEMENT ALTERNATIVE; AMENDING  SECTION 518.304 (ABATEMENT BY CITY) TO CORRECT THE REFERENCE TO SUBSECTIONS OF SECTION 518.111; AMENDING 518.403 (COMPLIANCE STANDARDS/ PERMITTING REPAIRS) TO REFERENCE MOTHBALLING AS AN ENFORCEMENT ALTERNATIVE FOR HISTORIC PROPERTIES AND HOLDING ENFORCMENT IN ABEYANCE UNTIL AN APPLICATION FOR MOTHBALLING FOR A PARTICULAR PROPERTY IS RESOLVED; AMENDING SECTION 518.404 (VACANT SUBSTANDARD PROPERTY) TO REFERENCE MOTHBALLING AS AN ENFORCEMENT ALTERNATIVE; PROVIDING AN EFFECTIVE DATE.

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12.    2011-415   AN ORDINANCE REZONING APPROXIMATELY 3.76  ACRES LOCATED IN COUNCIL DISTRICT 6 ON SAN JOSE BOULEVARD BETWEEN SWEETHOLLY DRIVE AND HIDDEN STAGECOACH ROAD (R.E. NO(S). 158883-0000), AS DESCRIBED HEREIN, OWNED BY SECURITY REAL ESTATE SERVICES, INC., FROM PUD (PLANNED UNIT DEVELOPMENT) DISTRICT TO PUD (PLANNED UNIT DEVELOPMENT) DISTRICT, AS DEFINED AND CLASSIFIED UNDER THE ZONING CODE, TO PERMIT MULTI-FAMILY RESIDENTIAL, OFFICE AND RETAIL USES, AS DESCRIBED IN THE APPROVED WRITTEN DESCRIPTION AND SITE PLAN FOR THE SAN JOSE TOWNHOMES/OFFICE/RETAIL PUD; PROVIDING AN EFFECTIVE DATE.

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13.    2011-416   AN ORDINANCE REZONING APPROXIMATELY 7.22  ACRES LOCATED IN COUNCIL DISTRICT 9 AT 1375 CHURCH STREET WEST BETWEEN MYRTLE AVENUE AND ACORN STREET (R.E. NO(S). 076582-0000), AS DESCRIBED HEREIN, OWNED BY NORTHFIELD PROPERTIES, INC., FROM IL (INDUSTRIAL LIGHT) DISTRICT TO PUD (PLANNED UNIT DEVELOPMENT) DISTRICT, AS DEFINED AND CLASSIFIED UNDER THE ZONING CODE, TO PERMIT INDUSTRIAL USES, AS DESCRIBED IN THE APPROVED WRITTEN DESCRIPTION AND SITE PLAN FOR THE CHURCH STREET PUD; PROVIDING AN EFFECTIVE DATE.

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14.    2011-417   AN ORDINANCE AMENDING RESOLUTION 74-1445-498, AS AMENDED BY RESOLUTIONS 80-630-217 AND 81-720-334, ORDINANCE 85-932-570, RESOLUTIONS  86-1348-431, 87-1405-459, 89-776-289, 90-64-31, 96-878-318, AND 1999-876-A, AND ORDINANCES 2000-811-E, 2003-222-E, 2003-1276-E, 2004-425-E, 2004-913-E, 2007-191-E, 2009-732-E AND 2010-268-E, WHICH APPROVED A DEVELOPMENT OF REGIONAL IMPACT (DRI) FOR THE VILLAGES OF ARGYLE DRI, TO AMEND THE DRI DEVELOPMENT ORDER PURSUANT TO THE NOTIFICATION OF A PROPOSED CHANGE (NOPC) TO A PREVIOUSLY APPROVED DRI DEVELOPMENT ORDER FILED BY AFI ASSOCIATES, INC. AND CHIMNEY LAKES INVESTMENT COMPANY, DATED MAY 26, 2011, AS REVISED ON JUNE 9, 2011, TO MODIFY MASTER PLAN, MAP H TO 1) RELOCATE THE PARK/SCHOOL SITE LOCATED ON PARCEL 31 TO NEW PARCEL 51 FOR A PARK; 2) DESIGNATE PARCEL 51 AS PARK WITHIN THE HUNTING PRESERVE; 3) CONVERT THE CURRENT PARK/SCHOOL SITE LOCATED ON PARCEL 31 TO GENERAL COMMERCIAL; 4) REVISE NOTES 3 AND 4; AND 5) CHANGE AN HIGH DENSITY RESIDENTIAL PARCEL (PARCEL 26) TO A MIXED USE PARCEL, AND TO MODIFY CONDITION 15(U) REGARDING THE CONVEYANCE OF PARCEL 50 (PARK/SCHOOL); DIRECTING LEGISLATIVE SERVICES TO FORWARD A COPY OF THIS ORDINANCE TO THE DEPARTMENT OF COMMUNITY AFFAIRS, NORTHEAST FLORIDA REGIONAL COUNCIL AND AGENT; FINDING THAT THESE CHANGES AND MODIFICATIONS DO NOT CONSTITUTE A SUBSTANTIAL DEVIATION FROM THE ORIGINALLY APPROVED; AND PROVIDING AN EFFECTIVE DATE.

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15.    2011-428   AN ORDINANCE CLOSING AND ABANDONING, AND/OR DISCLAIMING, AN OPENED AND IMPROVED PORTION OF RIVERVIEW DRIVE IN COUNCIL DISTRICT 3, ESTABLISHED IN THE ATLANTIC HIGHLANDS PLAT RECORDED IN PLAT BOOK 9, PAGE 37 OF THE CURRENT PUBLIC RECORDS OF DUVAL COUNTY, FLORIDA, AT THE REQUEST OF CRESCENT RESOURCES, LLC (THE "APPLICANT") TO ALLOW APPLICANT TO EXPAND THE PARKING CAPACITY FOR ITS HARBORTOWN MARINA DEVELOPMENT, SUBJECT TO (1) RESERVATION OF AN EASEMENT OVER THE CLOSED PORTION OF RIVERVIEW DRIVE FOR INGRESS AND EGRESS AND FOR ALL UTILITIES, AND, (2) UNLESS OTHERWISE APPROVED BY THE PLANNING AND DEVELOPMENT DEPARTMENT, APPLICANT'S ADHERENCE TO THE TERMS OF PUD ORDINANCE 2002-931-E ADDRESSING APPLICANT'S ADJACENT DEVELOPMENT, NAMELY THAT A SIX FOOT ALUMINUM FENCE WITH MASONRY COLUMNS BE MAINTAINED BETWEEN RIVERVIEW DRIVE AND THE APPLICANT'S PROPERTY, AND THAT THE TEN FOOT BUILDING RESTRICTION LINE FROM THE ORIGINALLY PLATTED RIGHT-OF-WAY LINE REMAIN IN EFFECT; PROVIDING AN EFFECTIVE DATE.

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