JACKSONVILLE, Fla. – There’s a proposal on the table to build five row-style homes on a small strip of land in Riverside that’s already strapped for parking.
The plans include no extra parking for the two-story homes that would be built between the Stockton Street Town Center and the John Gorrie Condominiums, which has drawn criticism from neighboring businesses.
The developer, John Gorrie Investment Group LLC, is backed by the former owners of the Jacksonville Jaguars, Wayne and Delores Weaver. A local lawyer is now questioning their right to build on the vacant lot.
In a letter addressed to the City of Jacksonville’s Chief Deputy General Counsel, Sean P. Walsh argues that the developer does not have the full rights to develop on the 0.23-acre strip of land.
“I have significant doubts regarding the Developer’s representation to the City that it has the right to develop the Subject Lot in any capacity, much less for the purpose of constructing five townhomes (that pose a host of other issues). This is because the plain language of the governing instruments and deeds (all of which were drafted by the Developer and are a matter of Duval County public record) unambiguously conveyed ownership interest in the Subject Lot as “Common Elements” to Unit Owners of the John Gorrie Condominium (the “John Gorrie”),” Walsh wrote.
Walsh personally investigated the ownership of the lot after learning about the development proposal. He said he always had the understanding the lot was owned as a common area by the John Gorrie Condominiums.
“In fact, I routinely witness residents playing a game of catch or using the Subject Lot for recreational purposes,” Walsh said in the letter. “Upon learning of the Proposal and the Developer’s contention that it owned the Subject Lot, I personally conducted an investigation relating to that ownership and came to the conclusion that as suspected, the Developer does not have full, unencumbered rights to the Subject Lot, and consequently would not be entitled to complete the Proposal. This [is] because the Developer in deeding units to Unit Owners conveyed rights in ‘common elements’, which expressly included the Subject Lot.”
Walsh goes on to point out discrepancies in the site plan survey for the John Gorrie Condominiums. In 2011, the 0.23 parcel of land was considered a common area; however, in 2015, the site plan said the same parcel of land was “not a part of the condominium” and that there was an error in the original survey.
Walsh suggests that this was not a simple error.
“A nearly half-decade later a purported ‘scrivener’s error’ notice does not and cannot change what was already conveyed – this is essentially akin to gated neighborhood developer selling homes that had a right to use a tennis courts or parks as commonly owned, but five years later saying that was a mistake and the Developer can now use that property for any purpose it wants,” Walsh said.
The plan is not getting much love from people in the community either.
“I found out that they were trying to build some homes here and my opinion, stupid. This place here is real nice. OK you can walk your dog in here. You got a big, nice view of the school that’s right here. Okay, so that’s cool. You put these buildings here, now it’s a cluster. Why do you want a cluster and mess this up? So, no, I saw the front of what the houses are. No, man, you don’t need that. That’s dumb,” Glen Perry said.
The Jacksonville Planning Commission approved a zoning change in August that would allow for the homes to be built along Stockton Street. A public hearing on the proposal will be held Wednesday at the Land Use & Zoning Committee at 5 p.m.
Click here to read the full letter Walsh wrote to the city.