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Thursday, November 8, 2001

Last modified at 12:16 a.m. on Thursday, November 8, 2001

photo: metro

  A boat glides along the Intracoastal Waterway past the proposed Nocatee development that would straddle the St. Johns and Duval county lines. Across the waterway is Guana River State Park.
-- Crista Jeremiason/Staff

Nocatee development faces crucial hearing
New land-use category at issue

By Shawna Sundin
Times-Union staff writer

The serenity of the warm autumn day along the St. Johns County and Duval County line belies the frenetic pace that has become the behind-the-scenes backdrop to what within years could be a small city with 35,000 residents, self-contained stores and a town center.

With one challenge out of the way through a settlement with the Florida Wildlife Federation, those involved in the mega-development called Nocatee now must turn attention to Tuesday, which is when a hearing both sides consider key will begin.

At issue is whether St. Johns County's designation of a new land-use category for Nocatee was appropriate. A related civil suit seeks to have the county's approval of Nocatee voided.

It's perhaps not surprising a development of 15,000 acres -- larger than some small towns -- would draw fire: planners even incorporated into their time frame more than a year just to deal with legal action.

photo: metro

  St. Johns County is developing a public park on land in Nocatee that the Davis family donated to the county.
-- Crista Jeremiason/Staff

But nearly three years after plans were first announced, Nocatee is at a standstill. Several agencies have green-lighted the plan, but representatives of Jacksonville-based developers The Parc Group said they aren't going to move forward with the mammoth project until two pending legal challenges are resolved.

The Sierra Club and St. Johns County resident Ellen Whitmer this year petitioned the Florida Department of Community Affairs for an administrative hearing to challenge the land-use designation. The Sierra Club also has filed a civil lawsuit against the county in which it asks that approval of Nocatee be voided because it isn't consistent with the state's planning and land development regulation act or with the county's own comprehensive plan. A court date for that case has yet to be scheduled.

St. Johns County created a new land-use category, called "new town," by approving amendments to its comprehensive plan. None of the other land-use categories would have allowed Nocatee to function as its own town, said Marcia Tjoflat, a Jacksonville attorney who represents The Parc Group.

"We're disappointed that one person and one agency has seen fit to stay in administrative hearings," said Jay Skelton, president of DDI Inc., parent company of Nocatee owner SONOC Co. "We're very comfortable with the way the county and DCA [Department of Community Affairs] approved it and are confident we'll prevail."

photo: metro

  Plans are to build a non-motorized boat launching facility where the Nocatee development meets the Intracoastal Waterway.
-- Crista Jeremiason/Staff

But the Sierra Club counters the amendments don't conserve and protect wildlife and their habitat, don't ensure protection of natural resources, and will result in urban sprawl.

Whitmer's petition says the Department of Community of Affairs' approval of the county's comprehensive plan amendment is inconsistent with the state comprehensive plan and that Nocatee will create urban sprawl because it's several miles away from existing urban areas.

Whitmer, who lives in the Fruit Cove area, also said Nocatee will create an increased need for publicly funded roads, will adversely impact the water level in her existing well, and will increase her taxes because of the need for additional public facilities.

Whitmer declined to comment. Sierra Club representatives did not return calls.

Key events in the history of Nocatee

1999

March: Plans announced to develop 15,000-acre site -- about 12,000 acres in St. Johns County and the remainder in Duval County.

July: Developers meet with planners to begin review procedures, offer to incorporate a 2,000-acre preserve, 5,000 acres of flatlands, swamps and marshes, and road improvements.

2000

February: Promising to contain and manage growth in burgeoning northern St. Johns County, developers file first development application with the Northeast Florida Regional Planning Council. The application says Nocatee would produce an orderly, eco-friendly development to meet population growth.

October: More than $6 million in land is donated toward establishment of two private schools within the development. Seventy-five acres are donated to the Diocese of St. Augustine for a Catholic high school; the other 75 acres go to the First Coast Independent School Foundation.

2001

February: The Catholic Diocese of St. Augustine launches a letter-writing campaign in support of the development.

  • The Northeast Florida Regional Planning Council unanimously approves the development.

  • St. Johns County Planning and Zoning Agency recommends the county deny the development plan. Developers said they are "just going to proceed forward to the county commission hearings."

  • Yearlong study of County Road 210 projects the road will need as much as $65 million worth of changes to accommodate growth, even without Nocatee development. The road's eastern portion would be a major thoroughfare for Nocatee.

  • St. Johns County commissioners approve the Nocatee plan in a 3-2 vote.

  • Jacksonville City Council gives its final approval to the development.

    March: The Sierra Club files a complaint asking the St. Johns County Commission to reverse a decision to issue a development order.

    April: St. Johns County commissioners turn down Sierra Club's request to disallow the development, so the club takes the issue to Circuit Court.

    August: State regulators approve a plan that will lead to the JEA piping in water and treating sewage.

    October: Nocatee's developer will add fencing in areas near wildlife crossings and include garage apartments and multifamily units in some areas of the development as part of a settlement with the Florida Wildlife Federation.

  • Nocatee will straddle County Road 210 between the Intracoastal Waterway and U.S. 1. About 12,000 of its acres will be in northeastern St. Johns County, with the remainder in southeastern Duval County.

    Could take years

    It could take 20 to 25 years to completely develop Nocatee, planners said. Eventually, there would be about 35,000 residents, residential villages, greenways, a nature preserve, schools and a town center with offices, retail stores and some residential units within its borders.

    The Parc Group President Greg Barbour said the new-town concept should be promoted as a superior form of development because it creates a sustainable area in which people don't have to drive, but would be able to walk or ride bicycles or golf carts to school, work, the library, the bank, parks, stores and restaurants.

    "So we think it's a development pattern that makes sense," The Parc Group Chairman Roger O'Steen said. "It would be a travesty if St. Johns didn't use the [new town] land-use category even beyond Nocatee."

    The St. Johns County Commission isn't alone in agreeing with the concept. The Jacksonville City Council, Northeast Florida Regional Planning Council and Jacksonville Land Use and Zoning Committee also have approved Nocatee development plans.

    Some disagreement

    But not everyone agrees. Announcement of the development created a sharp division among many St. Johns County residents that still exists but to a lesser degree. Also, the St. Johns County Planning and Zoning Agency recommended the county commission deny the development plan.

    The Florida Wildlife Federation also had petitioned for an administrative hearing to challenge the land-use category, but it reached a settlement Oct. 29 with Nocatee developers agreeing to add fences in areas near wildlife crossings and include garage apartments and multifamily units in some sections of the development. The developer also agreed to help the federation lobby to get the state transportation department to install a wildlife crossing at U.S. 1 and the Twelve Mile Swamp area.

    The St. Johns County Commission, which this week signed off on the settlement, also agreed to help lobby for the wildlife crossing. As part of the settlement, the commission also passed a resolution Tuesday agreeing to consider certain amendments to its new town land-use category and also help lobby the state for a wildlife crossing. Some proposed amendments include requiring two-thirds of all residential units to be within a half mile of a designated new-town's town center and requiring 30 percent of the residential units to be multifamily.

    The commission can't vote on the actual amendments until at least December, when changes to the county's comprehensive plan are considered, but the settlement doesn't hinge on approving the amendments, Deputy County Attorney Dan Bosanko said.

    Federation attorney Thomas W. Reese said Nocatee's plans already meet most or all the criteria in the proposed amendments.

    Once Nocatee's legal challenges are resolved, developers said they'll apply for the last batch of permits needed, including ones from the St. Johns River Water Management District and the U.S. Army Corps of Engineers.

    The Davis family, who owns the Nocatee land and also has a controlling interest in the Winn-Dixie supermarket chain, first announced plans for Nocatee in March 1999.

    Feeling pressured

    O'Steen said the family decided to develop a comprehensive plan for its undeveloped timberland in the fast-growing area of the county after experiencing pressure to contribute pieces of it for things such as roads, schools, parks and utility easements.

    The Davises didn't want their land developed haphazardly and piecemeal, Barbour said, so they came up with Nocatee.

    "We do believe we've done by far the best thing for the community and that was the goal of the Davis family," O'Steen said.

    There have been dozens of public and private hearings since the project was announced, including meetings with nearby property owners and several groups and organizations. Several development studies have been conducted and community reaction was sought through polls, newsletters and a Web site.

    "There's been a tremendous amount of public input on Nocatee," Skelton said. "We're very proud of the plan."

    About $100 million worth of road improvements over the next 25 years are planned for the Nocatee area, including building a four-lane parkway just north of County Road 210.

    A 2,400-acre preserve along 3.5 miles against the Intracoastal Waterway will be donated to St. Johns County, which in conjunction with the Audubon Society will build a nature interpretive center. A non-motorized boat ramp also will be built along the Intracoastal Waterway, O'Steen said.

    Greenway preserves

    Another 5,600 acres will be preserved as greenways with hardwood pines in them, and about 300 acres of land has been set aside for parks, Barbour said. The Davises also donated land on the Nocatee property to the county for a public park.

    The Davises will donate land to Duval and St. Johns counties' school systems for nine public schools in Nocatee, eight of which will be in St. Johns and one in Duval. The family also will donate land to the Diocese of St. Augustine for a Catholic high school in St. Johns and to the First Coast Independent School Foundation, a Jacksonville non-profit that raises money to build private schools, to construct a kindergarten through 12th grade facility in St. Johns.

    Land also will be donated for public facilities, such as police and fire stations and libraries, O'Steen said.

    Nocatee will have its own utility company, Barbour said, but JEA, Jacksonville's main utility, will provide water and sewer services.


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