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Comprehensive Plan Amendment &

Development of Regional ImpactSettlement Agreements & Remedial

Amendments

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BACKGROUND

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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

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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

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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)

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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

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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

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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

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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

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SETTLEMENT AGREEMENT – Neoga Lakes

• DCA will issue finding of compliance for Plan Amendments and dismiss “appeal” of DRI-DO if City fulfills Remedial Actions in NCOA Settlement Agreement

• No other action is necessary for Neoga Lakes

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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)

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SETTLEMENT AGREEMENT - OBT

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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 employers as a way of maintaining jobs/housing balance.

• Amended condition is consistent with change in NEFRC policy.

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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.

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RECOMMENDATION

• Staff Recommends Approval of the Settlement Agreements and Remedial Plan Amendments