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Comprehensive Plan Amendment & Development of Regional Impact Settlement Agreements & Remedial Amendments. BACKGROUND. BACKGROUND. July 6, 2010 City adopts update to Comprehensive Plan New Time Horizon from 2020 to 2035 Creation of Northwest Corridor Overlay Area (NCOA)
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Comprehensive Plan Amendment & Development of Regional ImpactSettlement Agreements & Remedial Amendments
BACKGROUND • July 6, 2010 • City adopts update to Comprehensive Plan • New Time Horizon from 2020 to 2035 • Creation of Northwest Corridor Overlay Area (NCOA) • September 7, 2010 • City adopts Comprehensive Plan Amendments and Development Order for Old Brick Township • October 5, 2010 • City adopts Comprehensive Plan Amendments and Development Order for Neoga Lakes
BACKGROUND - Issue • Department of Community Affairs (DCA) finds amendments “Not In Compliance” • DCA also appeals DRI-DOs • Wilson Green LLC, TerraPointe Services Inc, TerraPointe LLC, Neoga Lakes, LLC file as “Intervernors” on behalf of City • Florida Wildlife Federation (FWF) files as “Intervenor” on behalf of DCA
BACKGROUND -Settlement Agreement • City, DCA, all Intervenors proceed with settlement negotiations to address compliance issues with proposed Amendments. • Settlement Agreement/Remedial Actions & Amendments is result of negotiations between all parties • Settlement Agreement covers Plan Amendments & DRI-DO (NCOA, Neoga Lakes, & OBT)
BACKGROUND -Settlement Agreement • Approval of Settlement Agreement & Remedial Amendment settles challenge to FWF and DCA’s challenge. • DCA-FWF has already signed the Settlement Agreements • DCA-FWF have approved the Remedial Amendments
SETTLEMENT AGREEMENT - NCOA • Required Remedial Plan Amendments (NCOA) • Additional clarification & no substantial changes • Require FLUM amendments within NCOA to incorporate development criteria • Define criteria used to determine “Conservation” areas by referencing existing policies • Clarify that environmental characteristics of parcel will guide management objectives
SETTLEMENT AGREEMENT – NCOA • Clarify that development will “implement” rather than “consider” certain standards within Habitat Management Plan (HMP) • HMP shall include type of management entities for conservation easements (HOA, POA, etc.) • Coordination to identify management practices for protecting Matanzas River Basin
SETTLEMENT AGREEMENT - NCOA • Adoption of Remedial Amendments fulfills requirements of Settlement Agreement • DCA will issue finding of compliance for both Remedial Amendments and original Plan Amendments • FWF as Intervenor will dismiss their petition
SETTLEMENT AGREEMENT – Neoga Lakes • DCA will issue finding of compliance for Plan Amendmentsand dismiss “appeal” of DRI-DO if City fulfills Remedial Actions in NCOA Settlement Agreement • No other action is necessary for Neoga Lakes
SETTLEMENT AGREEMENT - OBT • Required Remedial Actions/Amendments • language to specify the range for the mix of uses in the Village Center of the DRI, the clustering of residential units within the Urban Village, the residential mix in the Urban Village, and requirement to coordinate roadway corridors that go into St. Johns County, and • adoption of the Developable Areas Map (Map CP-1.7) as part of the Comprehensive Plan Future Land Use Map Series (insert map)
SETTLEMENT AGREEMENT - OBT • Includes amendment to DRI-DO. • Previous condition from Northeast Florida Regional Council (NEFRC) required construction of 60% of Phase I non-residential component prior to commencing Phase II. • Change in NEFRC policy (reflected in Neoga Lakes DO) to provide infrastructure to non-residential phase and partner with City to attract employersas a way of maintaining jobs/housing balance. • Amended condition is consistent with change in NEFRC policy.
SETTLEMENT AGREEMENT - OBT • The amended DO condition requires the developer to identify and provide infrastructure for a 200,000 sq. ft. employment center site prior to the issuance of any Certificates of Occupancy for residential units within the DRI. • The amended DO condition has been reviewed by NEFRC staff and Intervenors. • The approval of the Resolution to the Settlement Agreement includes approval of the amendment to the DRI-DO.
RECOMMENDATION • Staff Recommends Approval of the Settlement Agreements and Remedial Plan Amendments