Division of Administrative Hearings, Florida
Filed: Jan. 30, 1990
This case was referred for hearing by the Florida Land and Water Adjudicatory Commission (FLAWAC) based upon an appeal, filed by the Department of Community Affairs, of a development order (City of Jacksonville Resolution #89-821-339) adopted by the City, authorizing a development of regional impact identified as "Gran Park at Bayard". The DCA's Petition for review contained allegations related to the DRI's failure to adequately mitigate any unfavorable impact on the environment and natural resources (specifically the endangered species identified as Bartram's Ixia), the DRI's failure to adequately mitigate an undue burden on public transportation, and the failure to include certain documents with the development order when submitted to DCA for review. These three issues were resolved by the parties prior to hearing. Findings of Fact related to the settlement agreements are provided herein. The DCA's Petition further alleged that the proposed Gran Park at Bayard DRI is inconsistent with the State Comprehensive Plan and State Land Development Plan 1/ provisions primarily related to housing and urban sprawl, and that the DRI fails to mitigate an adverse impact on the ability of people to find adequate housing reasonable accessible to their places of employment. Accordingly, these issues are addressed in this Recommended Order. The ultimate issue is whether the Florida Land and Water Adjudicatory Commission should approve, deny, or approve with conditions or restrictions, the application for the Gran Park at Bayard DRI.Proposed Development of Regional Imapct is inconsistent with State comprehensive plan; is premature and inappropriate; and FLAWAC should deny ADA.