Category: BOCC

St. Johns County can celebrate a big victory this week! There is finally a conclusion in sight for the Grand Oaks legal battle.

This is an issue that has been lurking out there for YEARS! But most recently, we can look back at the February 21, 2023 County Commissioner’s Meeting as a reminder for why it is important to have forward thinking County Commissioner’s on the dais.

Here’s a link to my summary of the February 21, 2023 Commissioner’s Meeting, where Grand Oaks first came to the attention of those residents not directly impacted by the problems. February 21, 2023 Meeting Summary.

Scroll down to Agenda Item 2 in the summary and you’ll see where Southeast Development Partners were requesting to revise the mitigation and Proportionate Fair Share Agreements from July of 2018 when the Grand Oaks PUD was approved. The agreement included a requirement to construct the 4-lane widening of SR 16 from San Giacomo to the eastern (main) entrance to the Grand Oaks development, approximately 3.1 miles.

Now, 5 years later, the developer was unhappy with the cost to construct that widening and wanted some relief from the county. They had completed the construction of the FIRST 442 of the 99 approved homes and were ready to move forward with the platting of the remainder of the homes. That couldn’t happen until they had completed the required road widening.

Up until 2023, the only people paying attendtion to what this developer was doing were the Grand Oaks residents, who were living in a partially built development and dealing with the traffic problems on SR 16. And, of course, the residents who had to commute on SR 16. The rest of the county was unaware of what was happening in that development.

Learn more about Grand Oaks at this link: Grand Oaks Description/Location

But, in February of 2023, those of us who pay attention to what our County Commissioners are doing became VERY aware as the developer tried to avoid paying for the widening of the road and push it back on the county.

Our County Commissioners didn’t allow it. They voted to find the Developer in default and denied the platting for the remaining homes. In addition, they voted to transfer the $5 Million that had been held in escrow to the Florida Department of Transportation to fund the design work for the widening of SR 16.

A month after that decision, the developer filed suit against the county in Circuit Court. The County countersued and thus began the legal battle that played out in the courts since that time.

As reported in the Jacksonville Business Journal on September 14, a Federal Judge has ruled in the County’s favor. JAX Biz Journal ariticle (behind a paywall.)

County Commission Chair Sarah Arnold was quoted in the article as saying, “Friday’s Federal Court ruling reaffirmed what our Board has believed from the start: in St. Johns County, promises made to our residents are promises that must be kept,” County Commission Chair Sarah Arnold said in a statement. “This developer’s attempt to change the terms years later was a betrayal of trust, and we stood firm for our community.

“Let this serve as a clear message to developer or any one-else coming before our Board: When you commit to something for the people of St. Johns County, we expect you to honor it. We will always hold you accountable if you break your word, because our residents deserve nothing less.”

This is an important win for the County. This sends a clear message to the development community that they will be held to their commitments.

And it should be a message to our residents that our County Commissioners will hold developers accountable.

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Tuesday’s meeting does not look to be a long one. There are no major Comp Plan Amendments on the agenda that day.

The meeting will open with 2 Proclamations: July as Parks and Recreation Month and recognizing the American Flag Rescue Program.

Consent Agenda Items

Of interest in the Consent Agenda:

Item 7 – Proportionate Fair Share Agreement for the Secession Development

“KG Island Designs, LLC (Owner) has proposed a Proportionate Fair Share Agreement (Agreement) to mitigate the project’s transportation impacts to US 1 from Old Moultrie Road to Wildwood Drive, pursuant to Section 11.09.04.B of the Land Development Code in order to meet transportation concurrency requirements for the Secession Subdivision for the development of 99 single family units located on Watson Road west of US 1 to be developed in the existing zoning category of RS-2 and RS-2 with conditions, and future land use designation of Residential B. Access is proposed directly to Watson Road, as extended, and to the existing Devonshire Dr. within Watson Woods Phase I. There is no connection proposed to Carter Rd. The proportionate fair share is calculated to be $1,090,553.00 as detailed in Exhibit B of the Agreement (PFS). The proposed Agreement includes a provision for cost indexing to adjust the proportionate fair share payment that was assessed based on 2023 FDOT cost per mile models annually beginning January 1, 2025 until full payment has been received by the County.Road impact fee credit is included as a component of the Agreement to be awarded upon the County’s receipt of the PFS payment that is required prior to construction plan approval.”

Link to materials here: Consent Agenda Item 7

Consent Agenda Item 17 is likely to generate public comment. This item is to transfer $800,000 from the General Fund Reserve to the County Attorney account to cover outside legal expenses. The cost of outside legal counsel is often a topic of discussion in Public Comment. Materials are here: Consent Agenda Item 17

Regular Agenda Items

Agenda Item 1 is the Constitutional Officers’ Fiscal Year 2025 Budget Presentation from the Supervisor of Elections. Materials can be found here: Supervisor of Elections Budget

Agenda Item 2 is a hearing of interest to Julington Creek Plantation Residents. This is a request for a non-zoning variance for the Julington Creek Plantation Bald Eagle Management Plan Amendments.

“The subject properties currently consist of three developed parcels, parcel 11 (Plantation Park), parcel 18 (Administration Building), and parcel 19 (Plantation Recreational Facility), of the Julington Creek Master Development Plan. These parcels are part of the Julington Creek PUD and have a Future Land Use of Julington Creek DRI. The properties are located east of State Road 13 North and south of Race Track Road, directly abutting Davis Pond Boulevard and Durbin Creek Boulevard. The Bald Eagle Nest, SJ-07, is located southwest of the properties within a St. Johns River Water Management District Conservation Easement (O.R.B. 929 PG. 684) approximately 221’ from Davis Pond Boulevard to the north. The applicant desires to amend and restate the Julington Creek BEMP text to allow construction of recreational or commercial improvements within parcels 11, 18, and 19 of the Julington Creek Master Development Plan to be completed during the Bald Eagle Nesting Period. Specifically, the applicant desires to update, expand and remodel within Parcels 11, 18 and 19. The text amendment now includes prohibition of the use of bright color schemes on the exteriors of the proposed recreational and commercial buildings which could create a visual impact on the Bald Eagle. The proposed amendment also includes that Bald Eagle monitoring shall be conducted pursuant to current FWS Guidelines for any construction activities within the subject parcels during the Nesting Period as described within Section VI. Monitoring, part F, of the revised BEMP.”

Materials for this item can be found here: Agenda Item 2 – Julington Creek Eagle Mgmt

Agenda Item 3 is a request for a Special Use Permit to allow for the expansion of the existing JEA Wastewater Treatment Facility at 1245 Reclamation Drive. This was unanimously approved by the PZA on May 16, 2024.

Materials are here: Agenda Item 3

Agenda Item 4 is a request to rezone .43 acres of land from Commercial Neighborhood to Residential, Manufactured/Mobile Home or Single Family to allow for one single family home on each of 2 platted lots.

Materials are here: Agenda Item 4

Agenda Item 5 is a request for a Non-Zoning Variance to the Land Development Code to allow for more than one driveway for a. Single Family residential unit at 241 State Road 16.

Materials are here: Agenda Item 5

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