OFFICE OF THE CITY COUNCIL

117 WEST DUVAL STREET, SUITE 425

4^TH FLOOR, CITY HALL

JACKSONVILLE, FLORIDA 32202

904-630-1377

LUZ Special Committee Meeting Minutes

October 4, 2016

4:45 p.m.

Topic: Appeal Hearing for 2016-581 & Zoning Code Criteria

Location: City Council Chamber, 1^st floor, City Hall – St. James Building, 117 West Duval Street

In attendance: Council Members Danny Becton (Chair), Jim Love, Doyle Carter, Al Ferraro, Reggie Gaffney, Joyce Morgan, Matt Schellenberg

Also: Folks Huxford, Kristen Reed and Bruce Lewis – Planning & Development Department; Susan Grandin – Office of General Counsel; Jessica Matthews – Legislative Services Division; Dan MacDonald – ECA Dist. 11; Yvonne P. Mitchell – Research Division

Meeting Convened: 4:46 p.m.

Chairman Becton called the meeting to order.

Chairman Becton stated there were two items before the committee: 1) appeal hearing for 2016-581; and 2) Zoning Code Criteria.

Chairman Becton opened the public hearing for 2016-581. Two speakers submitted cards for public comment. However, Mr. Christopher Bray, the appellant, agreed to have Mr. Paul Harden, agent for Dream Finders Homes, speak on his behalf regarding the settlement agreement between the two entities. The agreement has four conditions: 1) the height of the sign would be lowered from 50 feet to 40 feet; 2) the southerly sign would have a designated location; 3) the sign’s moving message would be limited to certain hours of operation; and 4) the sign would have a specific angle. The conditions were incorporated into a resolution with the support of Mr. Bray and Mr. Harden.

Ex Parte: Becton, Carter, Morgan

Motion/2^nd move settlement agreement – Schellenberg/Carter (7-0)

Motion/2^nd move as amended – Schellenberg/Love (7-0)

Mr. Susan Grandin provided a brief review of the criteria for the following items in the Zoning Code:

• Convention Rezoning
• PUD Rezoning
• Modifications of PUDs
• Zoning Waivers, Exceptions and Variances
• Administrative Deviations
• Comprehensive Plan Amendments

It should be noted that the Zoning Code, Chapter 656 is considered as quasi-judicial decisions. In regards to modifications of PUDs, it was suggested that agreements are listed as conditions to secure the effectiveness of the ordinance. Zoning Waivers are divided into three categories: waivers for minimum distance requirements for liquor license locations (generally heard by Planning Commission only, unless associated with a rezoning or other application before LUZ); sign waivers; and street frontage waivers. In response to Council Member Gaffney’s question, Chairman Becton commented that the committee would be conducting a deeper analysis of conventional rezoning and PUDs in the near future. This will assist the committee with making changes and recommendations to the Zoning Code.

The City’s Ordinance Code does not require the committee to have a finding on each Zoning Code category for the record. The Planning and Development Department (PDD) automatically covers all the criteria in their reports. Therefore, the reports are accepted as competent and substantial evidence. In quasi-judicial matters, it was suggested the committee discuss the various criteria for an oral record. This will be helpful with cases that may be appealed to the circuit court. Council Member Ferraro requested the staff to include examples within the report to assist with understanding the information.

There were several questions regarding the function of the Planning Commission (PC) as it relates to working with the PDD. Mr. Huxford explained that the PC operates as a decision making committee such as LUZ, and the PDD serves as its professional planning staff. The PC is not required to vote in support of all PDD reports. They consider other evidence presented to the commission and vote accordingly.

Mr. Huxford explained the following:

• Zoning Administrator serves as the hearing officer for administrative deviations;
• Planning Commission hears cases such as exceptions, variances, minor modifications, and appeals of the Zoning Administrator; and serves as an advisory board to LUZ, forwarding recommendations on items such as land use amendments and rezoning.

Additionally, in response to CM Gaffney’s inquiry, Mr. Huxford explained that LUZ members are welcome to attend PC meetings; however, they should not take a position on a particular item since it could be appealed and referred to the LUZ committee for a hearing.

Chairman Becton suggested committee members submit topic items of interest to Ms. Grandin. He would like to cover all topics prior to the committee beginning the comprehensive review of conventional rezoning and PUDs. Ms. Grandin is working on scheduling a representative from the School Board to present at the next special meeting on October 18, 2016.

There being no further business, the meeting was adjourned.

Meeting Adjourned: 5:25 p.m.

Minutes: Yvonne P. Mitchell, Council Research

10.1.16 Posted 11:30 a.m.

Tapes: LUZ special meeting– LSD

10.04.16

Materials: Zoning Code handout

10.04.16

* The written minutes for this meeting are an overview of what was discussed. Please review the audio to hear the actual dialogue from this meeting.