LAND USE & ZONING COMMITTEE OF THE CITY OF JACKSONVILLE, FLORIDA

 

                        MINUTES OF THE REGULAR MEETING

 

                                August 07,2007

 

MICHAEL CORRIGAN, CHAIR

 

CHERYL L. BROWN, SECRETARY

 

 

MINUTES OF THE REGULAR MEETING of the Council of the City of Jacksonville, held in Council Chambers, City Hall, Jacksonville, Florida, August 07,2007.  The meeting was called to order at 5:04 A.M. by Committee Chair Michael Corrigan.  The meeting adjourned at 5:58 P.M.

 

 

Members in Attendance:     Members Excused:                   Staff Attendance:

 

            CM Michael Corrigan, Chair                                                                        Jessica Stephens, Legislative Aide

            CM Clay Yarborough, Vice Chair                                                                Marilyn Allen, Legislative Aide

            CM Richard Clark                                                                                        Shannon Eller, General Counsel

            CM Mia Jones - (Arrived 5:08)                                                                     Rick Campbell, Research Asst.

            CM E. Denise Lee - (Arrived 5:10)                                                              John Crofts, Planning Director

            CM Art Shad                                                                                                Sean Kelly, Zoning Administrator

            CM Jack Webb                                                                                             Folks Huxford, Sr. Planner

                                                                                                                    Ken Avery, Principal Planner

 Kenneth Browning, Sgt-at-Arms

 

 

 

 

 

Others in Attendance:

 

 

Edward & Norma Everett III                     Brian Kraut

Paul Salter                                            Sam Fischer

William Beard                                        Milford Shirley

Jeff Nordsiek                                          Staci Rewis                                          

Steven Paglloga                         Ann Pace Sutton

Tony Hemmerly                                     Kevin Songer

Jane Caldera

Wayne Reed

Hilton Meadows

 

 

 

1.    2005-1400   AN ORDINANCE AMENDING CHAPTER 656 (ZONING CODE) AND CHAPTER 650 (COMPREHENSIVE PLANNING FOR FUTURE DEVELOPMENT); AMENDING SECTION 656.129 AND SECTIONS 650.404 AND 650.405 TO REQUIRE RECONSIDERATION BY THE PLANNING COMMISSION IF THE PLANNING DEPARTMENT RECOMMENDATION REGARDING AN APPLICATION CHANGES AFTER PLANNING COMMISSION CONSIDERATION OF THE APPLICATION; DIRECTING TRANSMITTAL TO MUNICODE; PROVIDING AN EFFECTIVE DATE; 11/15/2005 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON LAND USE & ZONING: August 07, 2007

 

Recommend  to WITHDRAW.

 

AYES - Clark, Corrigan, Webb, Yarborough, ( 4 )

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2.    2006-55   AN ORDINANCE REZONING APPROXIMATELY 36.94± ACRES LOCATED IN COUNCIL DISTRICT 4 AT 801 BROADCAST PLACE BETWEEN SOUTH HAMPTON ROAD AND THE ST. JOHNS RIVER (R.E. NO. 080096-0000 AND A PORTION OF 080072-0000), AS DESCRIBED HEREIN, OWNED BY JACKSONVILLE ELECTRIC AUTHORITY (JEA), FROM RHD-A (RESIDENTIAL HIGH DENSITY-A) AND ROS (RECREATION/OPEN SPACE) DISTRICTS TO PUD (PLANNED UNIT DEVELOPMENT) DISTRICT, AS DEFINED AND CLASSIFIED UNDER THE ZONING CODE, TO PERMIT MIXED-USE DEVELOPMENT, AS DESCRIBED IN THE APPROVED WRITTEN DESCRIPTION AND SITE PLAN FOR THE SAN MARCO RIVERFRONT DISTRICT PUD; PROVIDING AN EFFECTIVE DATE; 1/18/2006 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON LAND USE & ZONING: August 07, 2007

 

Recommend  to WITHDRAW.

 

AYES - Clark, Corrigan, Jones, Webb, Yarborough, ( 5 )

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3.    2007-265   AN ORDINANCE REZONING APPROXIMATELY 2.58± ACRES LOCATED IN COUNCIL DISTRICT 6 AT 10910 SAN JOSE BOULEVARD BETWEEN INTERSTATE 295 AND CLAIRE LANE (R.E. NO. 156037-3015), AS DESCRIBED HEREIN, OWNED BY MANDARIN FAMILY GOLF CENTER, INC., FROM PUD (PLANNED UNIT DEVELOPMENT) DISTRICT TO PUD (PLANNED UNIT DEVELOPMENT) DISTRICT, AS DEFINED AND CLASSIFIED UNDER THE ZONING CODE, TO PERMIT COMMERCIAL USES, AS DESCRIBED IN THE APPROVED WRITTEN DESCRIPTION AND SITE PLAN FOR THE MANDARIN MILLS LIFESTYLE FAMILY FITNESS PUD; PROVIDING AN EFFECTIVE DATE; 3/21/2007 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON LAND USE & ZONING: August 07, 2007

 

Recommend to AMEND and  APPROVE.

 

AYES - Clark, Corrigan, Jones, Webb, Yarborough, ( 5 )

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4.    2007-605   AN ORDINANCE REZONING APPROXIMATELY 1.13±  ACRES LOCATED IN COUNCIL DISTRICT 11 ON WATERVILLE ROAD BETWEEN WATERVILLE ROAD AND THE NASSAU RIVER (R.E. NO. 159665-0470) AS DESCRIBED HEREIN, OWNED BY JOHNNY L. DUDLEY, FROM RR (RESIDENTIAL RURAL) DISTRICT TO RLD-B (RESIDENTIAL LOW DENSITY-B) DISTRICT, AS DEFINED AND CLASSIFIED UNDER THE ZONING CODE; PROVIDING AN EFFECTIVE DATE; 6/5/2007 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON LAND USE & ZONING: August 07, 2007

 

Recommend  to WITHDRAW.

 

AYES - Clark, Corrigan, Jones, Lee, Webb, Yarborough, ( 6 )

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5.    2007-681   AN ORDINANCE REZONING APPROXIMATELY 0.19± ACRES LOCATED IN COUNCIL DISTRICT 1 AT 1461 ROGERO ROAD BETWEEN THE ARLINGTON EXPRESSWAY AND MERRILL ROAD (R.E. NO. 141632-0000), AS DESCRIBED HEREIN, OWNED BY RAYMOND E. MENARD, JR., FROM PUD (PLANNED UNIT DEVELOPMENT) DISTRICT TO PUD (PLANNED UNIT DEVELOPMENT) DISTRICT, AS DEFINED AND CLASSIFIED UNDER THE ZONING CODE, TO PERMIT COMMERCIAL USES, AS DESCRIBED IN THE APPROVED WRITTEN DESCRIPTION AND SITE PLAN FOR THE ART LEARNING CENTER PUD; PROVIDING AN EFFECTIVE DATE; 6/19/2007 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON LAND USE & ZONING: August 07, 2007

 

Recommend  to WITHDRAW.

 

AYES - Clark, Corrigan, Jones, Lee, Webb, Yarborough, ( 6 )

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6.    2007-682   AN ORDINANCE REZONING APPROXIMATELY 0.19± ACRES LOCATED IN COUNCIL DISTRICT 1 AT 7435 MERRILL ROAD BETWEEN LANDSDOWNE DRIVE AND WYCOMBE DRIVE WEST, (R.E. NO. 119668-0000) AS DESCRIBED HEREIN, OWNED BY AARON C. AND LAVONIA GIPSON FROM CO (COMMERCIAL OFFICE) DISTRICT TO CRO (COMMERCIAL RESIDENTIAL OFFICE) DISTRICT, AS DEFINED AND CLASSIFIED UNDER THE ZONING CODE; PROVIDING AN EFFECTIVE DATE; 6/19/2007 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON LAND USE & ZONING: August 07, 2007

 

Recommend to SUBSTITUTE and REREFER. 

 

AYES - Clark, Corrigan, Jones, Lee, Webb, Yarborough, ( 6 )

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7.    2007-683   AN ORDINANCE REZONING APPROXIMATELY 20.52± ACRES LOCATED IN COUNCIL DISTRICT 5 AT 9780 BAYMEADOWS ROAD BETWEEN OLD BAYMEADOWS ROAD AND SOUTHSIDE BOULEVARD, (R.E. NO. 148633-0200) AS DESCRIBED HEREIN, OWNED BY DEERMEADOWS BAPTIST CHURCH, INC. FROM CO (COMMERCIAL OFFICE) AND CRO (COMMERCIAL RESIDENTIAL OFFICE) DISTRICTS TO PBF-2 (PUBLIC BUILDINGS & FACILITIES-2) DISTRICT, AS DEFINED AND CLASSIFIED UNDER THE ZONING CODE; PROVIDING AN EFFECTIVE DATE; 6/19/2007 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON LAND USE & ZONING: August 07, 2007

 

Recommend to APPROVE.

 

AYES - Clark, Corrigan, Jones, Lee, Webb, Yarborough, ( 6 )

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8.    2007-727   AN ORDINANCE AMENDING SECTION 656.1010 (AIRPORT NOTICE ZONE ACKNOWLEDGEMENT; RECORDING OF PLATS OF LANDS LOCATED ALL OR PARTIALLY IN NOISE ZONES A AND B AND/OR AIRPORT NOTICE ZONE), ORDINANCE CODE, TO DELETE SUPERFLUOUS LANGUAGE; AMENDING SECTION 656.1011 (REZONINGS WITHIN THE NOISE ZONES A AND B), ORDINANCE CODE, TO REMOVE THE RESTRICTION THAT ALL REZONINGS IN NOISE ZONES A AND B BE PROPOSED AS PLANNED UNIT DEVELOPMENTS UNLESS THE PLANNING AND DEVELOPMENT DEPARTMENT MAKES A DETERMINATION CONCERNING THE NON-IMPACT OF SUCH REZONINGS ON MILITARY AND CIVILIAN AIRPORTS; DELETING SECTION 656.1013 (AIRPORT ZONING COMMITTEE), ORDINANCE CODE TO ELIMINATE THE AIRPORT ZONING COMMITTEE AND RESERVING THE SECTION FOR FUTURE USE; AMENDING SECTION 656.1016 (AIRPORT NOTICE ZONE ACKNOWLEDGEMENT) TO REMOVE THE OUTDATED RETURN ADDRESS OF THE PLANNING AND DEVELOPMENT DEPARTMENT ON THE AIRPORT ACKNOWLEDGEMENT DOCUMENT; REQUIRING TRANSMITTAL TO THE MUNICIPAL CODE CORPORATION; PROVIDING AN EFFECTIVE DATE; 6/19/2007 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON LAND USE & ZONING: August 07, 2007

 

Recommend to APPROVE.

 

AYES - Clark, Corrigan, Jones, Lee, Webb, Yarborough, ( 6 )

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9.    2007-780   AN ORDINANCE CONCERNING THE CITY OF JACKSONVILLE'S CONSENT TO THE BEACH COMMUNITY DEVELOPMENT DISTRICT'S ("CDD") EXERCISE OF CERTAIN SPECIAL POWERS RELATED TO FIRE PREVENTION AND CONTROL PURSUANT TO SECTION 190.012(2), FLORIDA STATUTES AND SECTION 92.15, ORDINANCE CODE; AMENDING SECTION 92.22 (EXISTING COMMUNITY DEVELOPMENT DISTRICTS), ORDINANCE CODE, TO INCLUDE THE GRANT OF THIS CONSENT; PROVIDING AN EFFECTIVE DATE; 7/17/2007 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON LAND USE & ZONING: August 07, 2007

 

Recommend to APPROVE.

 

AYES - Clark, Corrigan, Jones, Lee, Webb, Yarborough, ( 6 )

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2nd READINGS

 

 

10.    2007-784   A RESOLUTION CONCERNING THE APPEAL BY W.ALFRED AND MIRIAM K. FUNCHESS OF A DECISION OF THE 911 EMERGENCY ADDRESSING ADVISORY COMMITTEE RENAMING AN OUT OF SEQUENCE ADDRESS NUMBER CURRENTLY LOCATED AT 9127 FORT CAROLINE ROAD AND ASSIGNING A NEW ADDRESS TO BE LOCATED AT 9205 BAKER TRACT LANE (COUNCIL DISTRICT 1), PURSUANT TO SECTION 745.221, ORDINANCE CODE AND THE CITY OF JACKSONVILLE ADDRESSING AND STREET NAMING POLICY; ADOPTING RECOMMENDED FINDINGS AND CONCLUSIONS OF THE LAND USE AND ZONING COMMITTEE; DIRECTION TO LEGISLATIVE SERVICES; PROVIDING AN EFFECTIVE DATE

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11.    2007-790   A RESOLUTION CONCERNING THE APPEAL BY JOYCE C. POLLEN OF A DECISION OF THE 911 EMERGENCY ADDRESSING ADVISORY COMMITTEE RENAMING AN OUT OF SEQUENCE ADDRESS NUMBER CURRENTLY LOCATED AT 2406 DIVISION STREET AND ASSIGNING A NEW ADDRESS LOCATED AT 2462 SUSAN BADGER CIRCLE (COUNCIL DISTRICT 9), PURSUANT TO SECTION 745.221, ORDINANCE CODE AND THE CITY OF JACKSONVILLE ADDRESSING AND STREET NAMING POLICY; ADOPTING RECOMMENDED FINDINGS AND CONCLUSIONS OF THE LAND USE AND ZONING COMMITTEE; DIRECTION TO LEGISLATIVE SERVICES; PROVIDING AN EFFECTIVE DATE

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12.    2007-802   AN ORDINANCE CONCERNING THE RIVER CITY MARKETPLACE DEVELOPMENT OF REGIONAL IMPACT (DRI), (FORMERLY KNOWN AS THE DUVAL NORTH COMMERCE CENTER DRI AND THE FIRST COAST CENTER DRI) AS ORIGINALLY ADOPTED BY ORDINANCE 88-355-327, AND AMENDED BY ORDINANCE 88-1174-570, RESOLUTIONS 90-1104-559, 93-127-41, 94-1142-355, 96-1008-319 AND 2003-1534-A, AND ORDINANCES 2007-42-E AND 2007-479-E, LOCATED EAST OF INTERSTATE 95, SOUTH OF DUVAL ROAD, AND WEST OF U.S. HIGHWAY 17; ADOPTING PROPOSED CHANGES PURSUANT TO THE NOTIFICATION OF A PROPOSED CHANGE TO A PREVIOUSLY APPROVED DEVELOPMENT OF REGIONAL IMPACT (NOPC) FILED BY RAMCO-GERSHENSON, INC., AND DATED JULY 9, 2007, WHICH CHANGES ARE GENERALLY DESCRIBED AS AMENDING THE USE CONVERSION TABLE TO PERMIT CONVERSION OF COMMERCIAL USES TO AN ADDITIONAL 120 HOTEL ROOMS FOR A MAXIMUM OF 540 PERMISSIBLE HOTEL ROOMS WITHIN THE DRI; FINDING THAT THESE CHANGES DO NOT CONSTITUTE A SUBSTANTIAL DEVIATION FROM THE ORIGINALLY APPROVED DRI; DIRECTING THE LEGISLATIVE SERVICES DIVISION TO FORWARD CERTIFIED COPIES OF ENACTED ORDINANCE TO PARTIES LISTED HEREIN; AND PROVIDING AN EFFECTIVE DATE

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13.    2007-803   AN ORDINANCE AMENDING SECTION 656.1402 (APPROVAL PROCEDURE), ORDINANCE CODE TO ESTABLISH MEMBERSHIP TERMS FOR THE TRANSIT ORIENTED DEVELOPMENT COMMITTEE MEMBERS, ADDING ADDITIONAL T.O.D. SUITABLE LOCATIONS AND CLARIFYING THAT THE TRANSIT ORIENTED DEVELOPMENT COMMITTEE IS ADVISORY TO THE PLANNING COMMISSION; ATTACHING AN UPDATED EXHIBIT A REFLECTING THE ADDITIONAL T.O.D. SUITABLE LOCATIONS; REQUIRING TRANSMITTAL TO THE MUNICIPAL CODE CORPORATION; PROVIDING AN EFFECTIVE DATE

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14.    2007-804   A RESOLUTION CONCERNING THE APPEAL OF A FINAL ORDER OF THE JACKSONVILLE HISTORIC PRESERVATION COMMISSION DENYING AN AFTER-THE-FACT CERTIFICATE OF APPROPRIATENESS APPLICATION (COA-07-393) AS REQUESTED BY KUHN COMPANIES, TO REPLACE THE WINDOW GLASS IN THE LARGER ARCHED WINDOWS ON THE FIRST AND SECOND FLOORS AT 112 WEST ADAMS STREET (COUNCIL DISTRICT 4), PURSUANT TO SECTION 307.204, ORDINANCE CODE; ADOPTING RECOMMENDED FINDINGS AND CONCLUSIONS OF THE LAND USE AND ZONING COMMITTEE; PROVIDING AN EFFECTIVE DATE

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15.    2007-805   AN ORDINANCE REZONING APPROXIMATELY 1.16  ACRES LOCATED IN COUNCIL DISTRICT 1 ON MERRILL ROAD BETWEEN WEDGEFIELD ROAD AND KINGSTREE ROAD (R.E. NO. 120466-0000), AS DESCRIBED HEREIN, OWNED BY MICHAEL T. KIRTON, FROM CO (COMMERCIAL OFFICE) DISTRICT TO PUD (PLANNED UNIT DEVELOPMENT) DISTRICT, AS DEFINED AND CLASSIFIED UNDER THE ZONING CODE, TO PERMIT COMMERCIAL USES, AS DESCRIBED IN THE APPROVED WRITTEN DESCRIPTION AND SITE PLAN FOR THE O'REILLY AUTO PARTS @ MERRILL ROAD PUD; PROVIDING AN EFFECTIVE DATE

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16.    2007-806   AN ORDINANCE REZONING APPROXIMATELY 2.25  ACRES LOCATED IN COUNCIL DISTRICT 6 ON ST. AUGUSTINE ROAD BETWEEN OLD ST. AUGUSTINE ROAD AND BARTRAM PARK BOULEVARD (A PORTION OF R.E. NO. 158767-2860), AS DESCRIBED HEREIN, OWNED BY BARTRAM PARK CENTERS, LLC, FROM PUD (PLANNED UNIT DEVELOPMENT) DISTRICT TO PUD (PLANNED UNIT DEVELOPMENT) DISTRICT, AS DEFINED AND CLASSIFIED UNDER THE ZONING CODE, TO PERMIT COMMERCIAL USES, AS DESCRIBED IN THE APPROVED WRITTEN DESCRIPTION AND SITE PLAN FOR THE TUTOR TIME AT BARTRAM PARK PUD; PROVIDING AN EFFECTIVE DATE

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17.    2007-807   AN ORDINANCE REZONING APPROXIMATELY 10.23  ACRES LOCATED IN COUNCIL DISTRICT 11 ON EASTPORT ROAD BETWEEN DUNN CREEK ROAD AND WYNELL ROAD (R.E. NOS. 109659-0100 & 116029-0000), AS DESCRIBED HEREIN, OWNED BY THE ISLAND DEVELOPMENT, LLC, FROM PUD (PLANNED UNIT DEVELOPMENT) DISTRICT TO PUD (PLANNED UNIT DEVELOPMENT) DISTRICT, AS DEFINED AND CLASSIFIED UNDER THE ZONING CODE, TO PERMIT SINGLE FAMILY RESIDENTIAL USES, AS DESCRIBED IN THE APPROVED WRITTEN DESCRIPTION AND SITE PLAN FOR THE CHERYL'S PLACE PUD; PROVIDING AN EFFECTIVE DATE

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18.    2007-808   AN ORDINANCE REZONING APPROXIMATELY 0.17  ACRES LOCATED IN COUNCIL DISTRICT 14 AT 3252 MAYFLOWER STREET BETWEEN OWEN AVENUE AND DAY AVENUE, (R.E. NO. 061431-0010) AS DESCRIBED HEREIN, OWNED BY WAYNE GARAV, AS TRUSTEE, FROM RLD-G (RESIDENTIAL LOW DENSITY-G) DISTRICT TO RMD-B (RESIDENTIAL MEDIUM DENSITY-B) DISTRICT, AS DEFINED AND CLASSIFIED UNDER THE ZONING CODE; PROVIDING AN EFFECTIVE DATE

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19.    2007-809   AN ORDINANCE REZONING APPROXIMATELY 0.11  ACRES LOCATED IN COUNCIL DISTRICT 9 AT 2283 FOREST STREET BETWEEN WATTS STREET AND OSCEOLA STREET, (R.E. NO. 090001-0000) AS DESCRIBED HEREIN, OWNED BY MARVIN A. CURRY AND LISA M. CURRY FROM RMD-A (RESIDENTIAL MEDIUM DENSITY-A) DISTRICT TO RMD-B (RESIDENTIAL MEDIUM DENSITY-B) DISTRICT, AS DEFINED AND CLASSIFIED UNDER THE ZONING CODE; PROVIDING AN EFFECTIVE DATE

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20.    2007-810   AN ORDINANCE CONCERNING SIGN WAIVER APPLICATION SW-07-02 LOCATED IN COUNCIL DISTRICT 14 AT 4807 ROOSEVELT BOULEVARD, BETWEEN HIAWATHA STREET AND LONGFELLOW STREET (R.E. NO. 101905-0000) AS DESCRIBED HEREIN, OWNED BY ORTEGA UNITED METHODIST CHURCH, REQUESTING TO REDUCE THE MINIMUM SET BACK REQUIREMENTS FOR SIGNS FROM 20 FEET TO 10 FEET AND REQUESTING TO REDUCE THE MINIMUM SPACING BETWEEN SIGNS FROM 200 FEET TO 122 FEET IN ZONING DISTRICT PBF-2 (PUBLIC BUILDINGS & FACILITIES-2), AS DEFINED AND CLASSIFIED UNDER THE ZONING CODE; PROVIDING AN EFFECTIVE DATE

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21.    2007-835   A RESOLUTION CONCERNING THE APPEAL OF A FINAL ORDER ISSUED BY THE PLANNING COMMISSION APPROVING THE APPLICATION FOR ZONING EXCEPTION E-04-117, TO AARON HILL, TO ALLOW FOR THE RETAIL SALES AND SERVICE OF ALL ALCOHOLIC BEVERAGES INCLUDING BEER, LIQUOR, OR WINE FOR ON-PREMISE CONSUMPTION IN CONJUNCTION WITH THE SERVICE OF FOOD FROM A MENU IN CONJUNCTION WITH A BONA FIDE RESTAURANT (4 COP-SRX), ON PROPERTY LOCATED IN COUNCIL DISTRICT 1 AT 7707 ARLINGTON EXPRESSWAY, PURSUANT TO SECTION 656.141, ORDINANCE CODE; REPEALING RESOLUTION 2005-331-A AND REHEARING THE APPEAL OF ZONING EXCEPTION E-04-117; ADOPTING RECOMMENDED FINDINGS AND CONCLUSIONS OF THE LAND USE AND ZONING COMMITTEE; PROVIDING AN EFFECTIVE DATE

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