Date of Hearing: June 10, 2019 (Revised)

Public Hearing Number: R18-003

A. General Information

Applicant: Prosser, Inc Owners: JOCO Amelia Company LLC & Nassau 1 Amelia

LLC Request: Rezoning of approximately 85.7 acres from Open

Rural (OR) to Planned Unit Development (PUD).

Applicable Regulations: Policies FL.01.02(B), FL.08.04, FL.08.06, and ROS.01.04, ROS.01.07, ROS.01.09 and ROS.01.15 of the 2030 Nassau County Comprehensive Plan; Articles 5, 22 and 25 of the Nassau County Land Development Code.

Related Application: CPA18-003 (Small-scale FLUM Amendment from

MDR to HDR) B. Site Information

Lot Size: 85.7 acres Location: On the north and south sides of Amelia Concourse,

east and west of Old Nassauville Road and between Frank Ward Road and Terra Cotta Lane, Parcel ID #s 29-2N-28-0000-0004-0000, 29-2N-28-0000-0004-0010, 29-2N-28-0000-0004-0020, 29-2N-28-0000-0004-0030, and 32-2N-28-0000-0001-0030 (portion).

Directions: Head south on CR107 from SR200 to Amelia

Concourse. Property is located on west side of CR107 south of Amelia Concourse.

Nassau County Planning and Economic Opportunity Department 96161 Nassau Place Yulee, FL 32097 (904) 530-6300

BOARD MEMBERS Linda Morris (Chairman)

Scott Murray Jeff Gray

Bobby Franklin John Stack

Nick E. Gillette Bruce Jasinsky Barry Holloway

Charles Rogers Jimmy L. Higginbotham

Wayne Arnold

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C. Existing Land Uses

Subject Site: Vacant Land Surrounding: North: Vacant Land

South: Vacant Land East: Vacant Land

West: SF Residential

D. Existing Zoning

Subject Site: Open Rural (OR) Surrounding: North: Open Rural (OR) South: Open Rural (OR)

East: Open Rural (OR) West: Planned Unit Development (PUD)*

*Harbor Concourse (Ord. 2009-28)

E. FLUM Designation

Subject Site: Medium Density Residential (MDR) Low Density Residential(LDR) High Density Residential (HDR)* Surrounding: North: Medium Density Residential (MDR)

South: Medium Density Residential (MDR) East: Low Density Residential (LDR) West: Medium Density Residential (MDR)

*Proposed for 9.11 acres in Application CPA18-003

F. Background

The proposed Concourse Crossing Planned Unit Development (PUD) consists of approximately 85.7 acres located on the north and south sides of Amelia Concourse, east and west of CR107 (Old Nassauville Road) and between Frank Ward Road and Terra Cotta Lane The Concourse Crossing PUD will consist of up to 247 detached single-family residential and/or attached single-family residential units. The Concourse Crossing PUD will also provide regional transportation improvements, public recreation, integrated multi-use pathways, neighborhood parks and incorporate community design guidelines that are intended to create a more compact efficient development pattern than could otherwise be achieved through strict application of the Land Development Code.

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G. Analysis

1. Is the proposed change contrary to the established land use pattern? No. The existing, established land use pattern is single family homes to the west and vacant land zoned for residential uses to the north and east at the intersection of CR107 and Amelia Concourse. The proposed PUD will encourage development designed to accommodate multiple community activities and services in close proximity to existing and proposed residential neighborhoods.

2. Would the proposed change create an isolated district unrelated to adjacent and nearby districts? No. The surrounding properties on all sides are predominantly vacant or in residential use. The proposed development plan for this PUD would include single family residential (attached and detached), recreational uses, promoting development designed to accommodate multiple community activities and services in close proximity to existing and proposed residential neighborhoods.

3. Would the proposed change materially alter the population density pattern and thereby overload public facilities such as schools, utilities, streets, etc.? Water and Sewer: The property is located within an area served by JEA for water and sewer service. Approval of this application may result in an increase in potential demands on the JEA portable water and sanitary sewer systems. A letter of availability for water and sewer service will be required prior to the approval of site engineering plans for any development on this site. Transportation: Approval of this application will likely result in a significant increase in the number of pm peak hour trips that may be generated to and from this site. A thorough traffic analysis has been performed and submitted to the County for review as part of the proposed PUD zoning application, to assess what impacts the proposed development may have on the surrounding area. (See Attachment A). To assist the County in establishing a future east-west alternative roadway to SR200/A1A, the applicant will dedicate to Nassau County a 110-foot-wide right-of-way (“ROW”) sufficient for a four-lane divided urban section of Amelia Concourse from Old Nassauville Road/CR 107 to the eastern perimeter of the PUD. Additionally, the Applicant will construct a two-lane roadway and sidewalk on the north side of the road within the dedicated ROW from CR 107 approximately 1,250 feet east, including construction of a signalized intersection with turn lanes at CR 107 and Amelia Concourse. The applicant will construct an ADA accessible multi-use trail along the dedicated ROW. Turn lanes will be constructed in accordance with a traffic study prepared for the entrances on CR 107 and Amelia Concourse. The applicant will also provide all stormwater retention and wetland mitigation required for the new roadway.

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Recreation: In lieu of providing a community park within the PUD, a payment of $362,535.41 (no furnishings) shall be made to mitigate for construction of recreation amenities as guided by Policy ROS.01.09 of the Nassau County Comprehensive Plan and the Nassau County Park Amenity Estimates study prepared by GAI Consultants dated January 18, 2019 and attached to the proposed ordinance as Exhibit “C”. A payment of $280,575.58 (8.26462 acres x $33,949.00) shall be made to mitigate for the dedication of land as required to meet the adopted levels of service (LOS) defined in policy ROS.01.04. The payment for land dedication was calculated by multiplying the per acre land value of the Concourse Crossing development site by the adopted acreage LOS standard defined in Policy ROS.01.04. The payment shall be made prior to approval of the first building permit for vertical construction. The County shall utilize these payments for recreation improvements made available to the general public described within the Recreation Master Plan as amended from time to time, and/or Five-Year Capital Improvements Plan. The Applicant/Owner may be eligible to receive Recreation Impact Fee credits for contributions made pursuant to this PUD, subject to the Nassau County Comprehensive Impact Fee Ordinance (Ord. 2016-02, as amended). The PUD will provide three privately maintained neighborhood parks that will provide environmental, aesthetic, and recreation benefits to the community. These parks will be open to the public. The parks will provide space for neighborhood residents to interact engage in recreational activities and special events that develop a sense of community. Specific requirements for all recreation facilities are included in the PUD’s development order and Preliminary Development Plan. Public School Facilities: Due to the residential uses proposed within this application, Nassau County requires that the demand generated from all proposed residential developments remain consistent with the County’s LOS standards for Public School Facilities. The project site currently resides within the Yulee South Concurrency Service Area. The demand generated has been reviewed by the Nassau County School District during the application’s review process to verify that the proposed development will not cause the area’s public school facilities to fall below existing LOS standards. A reservation notification from the School Board is included here as Attachment B.

4. Are existing district boundaries illogically drawn in relation to existing conditions on the property proposed for change? No. However, the current OR zoning is not attractive for high quality development. It also provides limited protection for surrounding residential uses from the impacts of incompatible uses which may locate on the property. The PUD will feature uses that are much more compatible with surrounding residential uses and will implement the goals and principles that will help create a compact community that will be a benefit to the surrounding neighborhoods.

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5. Is the proposed change contrary to the long-range land use plans?

No. The proposed rezoning would be compliance with the underlying Future Land Use Map if the companion small-scale FLUM amendment, CPA18-003, is approved for a portion of this property, changing the designation of this property from Medium Density Residential (MDR) to High Density Residential (HDR) for 9.11 acres.

6. Do changed or changing conditions make the approval of the proposed zoning desirable?

Yes. As residential development in this area of the County continues, there is a need to expand public infrastructure, protect open space, and establish community identity. The Concourse Crossing PUD will provide regional transportation improvements, public recreation, integrated multi-use pathways, neighborhood parks and incorporate community design guidelines that are intended to create a more compact efficient development pattern and establish community identity to a level greater than could otherwise be achieved through strict application of the Land Development Code.

7. Will the proposed change adversely influence living conditions in the

neighborhood?

No. The Concourse Crossing PUD will provide regional transportation improvements, public recreation, integrated multi-use pathways, neighborhood parks and incorporate community design guidelines that should be a great benefit to the surrounding neighborhoods and should enhance, rather that adversely affect living conditions in the area.

8. Will the proposed change create or excessively increase traffic congestion or

otherwise affect public safety?

No. Approval of this application will likely result in a significant increase in the number of pm peak hour trips that may be generated to and from this site. A thorough traffic analysis was performed and submitted to the County for review as part of the proposed PUD zoning application, to assess what impacts the proposed mixed-use development may have on the surrounding area and what improvements may be required. (See Attachment A). Future development on the site will be subject to fees assessed as part of the County’s adopted Mobility Plan (see Ord. 2014-16). Traffic operational issues that may be created by the new development will also need to be resolved at the developer’s expense if required by Engineering Services.

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9. Will the proposed change create drainage problems?

No. All development will be required to meet all drainage standards as imposed by the Nassau County Roadway and Drainage Standards and the SJRWMD criteria. The Final Development Plan for each phase shall show all stormwater facilities necessary to meet all drainage standards and any SJRWMD permitting requirements.

10. Will the proposed change be a deterrent to the improvement or development of

adjacent property in accordance with existing regulations?

No. The existing, established land use pattern is single family homes to the west and vacant land zoned for residential uses to the north and east at the intersection of CR107 and Amelia Concourse. The proposed PUD will encourage development designed to accommodate multiple community activities and services in close proximity to existing and proposed residential neighborhoods.

11. Will the proposed change affect property values in the adjacent area?

Yes. If properly implemented, the proposed PUD should not have a negative impact on the value of adjacent and nearby properties. The proposed development plan would provide multi-modal transportation options and recreational opportunities and amenities to residents in the immediate area that would otherwise not be available and can be considered beneficial to the County and its residents. This should retain and enhance the value of the property and surrounding properties in the long term and may enhance living conditions in the area, positively affecting values in the surrounding area in the long term.

12. Will the proposed change constitute a grant of special privilege to an individual owner as contrasted with the public welfare?

No. The proposed development plan would provide multi-modal transportation options and recreational opportunities and amenities to residents in the immediate area that would otherwise not be available and can be considered beneficial to the County and its residents. It would be to the public benefit and therefore not a grant of special privilege to any individual.

13. Are there substantial reasons why the property cannot be used in accord with existing zoning?

No. However, the current OR zoning is not attractive for high quality development. It also provides limited protection for surrounding residential uses from the impacts of incompatible uses which may locate on the property. The PUD will feature uses that are much more compatible with surrounding residential uses and will implement the goals and principles that will help create a compact, walkable community that will be a benefit to the surrounding neighborhoods.

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14. Are there other sites in this general location already zoned to permit the proposed use?

Yes. The existing, established land use pattern is single family homes to the west and vacant land zoned for residential uses to the north and east at the intersection of CR107 and Amelia Concourse.

15. Is the width and area of the parcel sought to be rezoned adequate to accommodate

the proposed use?

Yes. The subject property is capable of meeting the minimum parcel size and other standards for the Planned Unit Development (PUD) zoning district found in Article 25 of the Land Development Code.

H. Justification for the Planned Unit Development (PUD) District

Pursuant to Article 25 of the Land Development Code, the objective of a PUD is to encourage ingenuity, imagination and design efforts on the part of builders, architects, site planners and developers, by allowing for departure from the strict application of use, setback, height, and minimum lot size requirements of conventional zoning districts. In order to justify allowing these departures, a PUD must produce developments which can achieve desirable goals such as preserving open space, protecting historic or community character, providing alternative transportation modes, or providing for the efficient expansion of public infrastructure. The proposed Concourse Crossing PUD addresses the intent of the PUD district as follows:

1. Permits a creative approach to the development of land.

It is the intent of this PUD to create a sense of place in the form of a compact, community. In order to create more attractive and distinctive neighborhoods, and offer residents a greater sense of community identity, community guidelines establishing traditional neighborhood and streetscape design standards will be adopted as part of the PUD conditions. This will include standards for porches and entry ways, recessed garages, driveway and sidewalks, trees and landscaping, and architectural elements.

2. Accomplishes a more desirable environment than would be possible through

the strict application of minimum requirements of this ordinance.

The proposed PUD will provide regional transportation improvements, public recreation, integrated multi-use pathways, neighborhood parks and incorporate community design guidelines that are intended to create a more compact efficient development pattern and establish community identity than could otherwise be achieved through strict application of the Land Development Code.

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3. Provides for an efficient use of land, resulting in lower development cost.

The proposed PUD will provide community design guidelines that are intended to create a more compact efficient development pattern and can potentially lower development costs. It will also provide multi-modal transportation and recreation improvements that will benefit residents of the development and the County at large.

4. Enhances the appearance of the area through preservation of natural features,

the provision of underground utilities, where possible, and the provision of recreation areas and open space more efficiently than existing zoning and subdivision requirements. The proposed PUD will provide the inaugural links of a regional network of multi-use trails that will traverse the various neighborhoods and recreational lands located south of Amelia Concourse. The applicant will be responsible for constructing the multi-use trails located within the PUD boundary in accordance with the adopted PDP and PUD conditions. All segments of the multi-use trails network shall be open to the public. This network will create healthy recreation and transportation opportunities by providing people of all ages with attractive, safe, accessible and low- or no-cost places to cycle, walk, hike, or jog. It will also provide environmental benefits by preserving open space and enhance community identity. The proposed PUD will provide three privately maintained neighborhood parks that will provide environmental, aesthetic, and recreation benefits to the community. These parks will be open to the public. The parks will provide space for neighborhood residents to interact engage in recreational activities and special events that develop a sense of community. All utilities in the proposed PUD will be required to be placed underground.

5. Provides an environment of stable character compatible with surrounding areas. The proposed development plan for this PUD would include single family attached and detached residential and recreational uses, promoting development designed to accommodate multiple community activities and services in close proximity to existing and proposed residential neighborhoods.

The application of community guidelines as described above should result in compact, community that promotes strong social ties and encourages the interaction of community members and should serve as an incentive for similar and compatible development in the surrounding area.

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6. Retains property values over the long term.

If properly implemented, the proposed PUD should not have a negative impact on the value of adjacent and nearby properties. The proposed development plan would provide multi-modal transportation options and recreational opportunities and amenities to residents in the immediate area that would otherwise not be available and can be considered beneficial to the County and its residents. This should retain and enhance the value of the property and surrounding properties in the long term and may enhance living conditions in the area, positively affecting values in the surrounding area in the long term.

I. Staff Findings

1. The proposed rezoning application is compliant with the intent, locational and dimensional standards for Planned Unit Development (PUD) zoning district found in Article 25 of the County’s Land Development Code. It achieves desirable goals to a greater degree than could be achieved through strict application of the Land Development Code.

2. The proposed rezoning application is compliant with the requirements of Sec.

5.02 of the County’s Land Development Code, and meets the analysis criteria described in Part F. (1-15) of this report above.

3. The proposed rezoning would be in compliance with the underlying Future

Land Use Map if the companion small-scale FLUM amendment, CPA18-003, is approved for a portion of this property, changing the designation of this property from Medium Density Residential (MDR) to High Density Residential (HDR) for 9.11 acres. (see staff report for CPA18-003).

J. Recommendation

Based on the findings of compliance with the County’s Land Development Code and the 2030 Comprehensive Plan as described above, Staff recommends APPROVAL of rezoning application R18-003.

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QUASI-JUDICIAL HEARING PROCEDURES

Florida Statutes and the Courts of Florida require that your rezoning application be heard as a

Quasi-Judicial Hearing.

A Quasi-Judicial Hearing, by state and case law, is different than a regular hearing conducted by

this Board. A Quasi-Judicial Hearing is less formal than a court hearing but similar in procedures

and evidence issues.

In a Quasi-Judicial Hearing, the applicant has the burden of demonstrating by competent substantial

evidence that his/her rezoning request meets requirements of the County Zoning Code,

Comprehensive Plan and other applicable regulations.

The applicant is entitled to be represented by counsel.

The only material or relevant evidence is that which addresses the applicable codes and/or

Comprehensive Plan. The hearing procedures will be:

1. Staff will be sworn and shall describe the applicant’s request, provide staff’s

recommendation and present any witnesses in support of staff’s recommendation. Staff

shall have fifteen (15) minutes.

2. The applicant and others presenting evidence will be sworn and shall state their name,

address and subject to which they will testify. The applicant or its agent/attorney may elect

to waive their presentation and to rely on the application, recommendation, and staff

comments, reserving the right to address the Board if any evidence is presented against the

application. Evidence presented must specifically address the criteria in the Zoning

Ordinance and or Comprehensive Plan. The applicant, or his/her attorney/representative,

will have an opportunity to present evidence for the application and will have fifteen (15)

minutes for its presentation. If the applicant has witnesses, the applicant will indicate the

name of each witness and the subject to be addressed. The applicant’s witnesses will each

have five (5) minutes. The applicant may also call the Zoning Official or other staff

member who are present as a witness and ask them questions. Again, the time limit for

questions is five (5) minutes.

3. Those who present evidence against the application will be sworn in and will be provided

five (5) minutes each to present evidence and witnesses that address the criteria. If a group

opposes the application, they may also be represented by counsel and shall state that now.

They may also call the applicant, Zoning Official or other staff members that are present

as witnesses and ask them questions, subject to the five minute time limit. Anyone

presenting repetitious evidence or evidence that does not address the criteria will be

directed to stop and address the criteria.

4. The applicant or its attorney may then cross examine those presenting evidence against,

subject to control by the chair and county attorney. Cross-examination shall be five (5)

minutes for each witness.

5. Sharing or transferring time is not allowed. Persons presenting evidence will address the

Board, at the podium, and if there are documents or photos they must be presented when

the particular individual is testifying. No documents will be returned, as they become a

part of the record. Cross examination, if any, will be to the point and controlled by the

chairman with the assistance of the county attorney. As a Quasi-Judicial Hearing, numbers

of individuals for or against a particular item will not be considered. The meeting is being

taped; therefore there can be no applause or outbursts.

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6. The Office of the County Attorney represents the Board and provides advice to the Board

including advice as to the procedures and the admissibility of evidence.

7. The Board will afford members of the audience who have not presented evidence for or

against three (3) minutes each to address any information provided. The members of the

public will not be sworn in.

8. The applicant will be permitted to provide rebuttal if any (a maximum of ten (10) minutes).

9. Staff may have five (5) minutes to provide final comments to the Board.

10. The Board will then close the public hearing and will discuss the application and may ask

questions of the applicant, staff or those presenting evidence against or witnesses for the

application.

11. The strict rules of evidence applicable to a court proceeding will not be utilized; however,

the Board, with the assistance of the attorney, may exclude evidence that is not relevant or

material or is repetitious or defamatory. Again, the Quasi-Judicial procedures are required

by law and all those participating need to be aware of the procedures. Anyone who fails to

follow the procedures may be required to stop his/her presentation or relinquish their time.

To be fair to everyone and in order to follow the procedures, if you have any questions

please call the County Attorney’s Office at (904) 530-6100 or the County’s Planning and

Economic Opportunity Office at (904) 530-6300.

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