LAND USE & ZONING COMMITTEE

 

MINUTES OF THE REGULAR MEETING

 

November 03,2009

 

Ray Holt, CHAIR

 

CHERYL L. BROWN, COUNCIL SECRETARY/DIRECTOR

 

 

MINUTES OF THE REGULAR MEETING of the Council of the City of Jacksonville, held in Council Chambers, City Hall, Jacksonville, Florida, November 03,2009.  The meeting was called to order at 5:04 P.M. by Committee Chair Ray Holt.  The meeting adjourned at 5:42 P.M.

 

 

 

            Members in Attendance:                                                                    Staff Attendance:

 

            CM Ray Holt, Chair                                                                             Merriane Lahmeur, Legislative Aide

            CM Warren Jones, Vice Chair                                                              Jessica Stephens, Legislative Aide

            CM Reggie Brown                                                                               Shannon Eller, General Counsel

            CM Stephen Joost                                                                              Rick Campbell, Research Asst.

            CM Don Redman                                                                               John Crofts, Planning Director

            CM Daniel Davis – Left 5:27                                                                Sean Kelly, Planning & Dept.

            CM Kevin Hyde                                                                                  Folks Huxford, Planning Dept.

                                                                                                        Ken Avery, Principal Planner

        Kenneth Browning, Sgt-at-Arms

 

 

 

 

 

Others in Attendance:

 

 

CM Bishop (2009-548)

CM Crescimbeni (2009-402)

 

 

 

 

 

 

 

1.    2009-765   AN ORDINANCE AMENDING THE DEVELOPMENT ORDER FOR THE NOCATEE DEVELOPMENT OF REGIONAL IMPACT (DRI), ORIGINALLY APPROVED BY ORDINANCE 2001-13-E AND AMENDED BY ORDINANCES 2006-262-E,  2007-768-E AND 2009-189-E; SPECIFICALLY AMENDING THE DEVELOPMENT ORDER PURSUANT TO THE NOTIFICATION OF A PROPOSED CHANGE TO A PREVIOUSLY APPROVED DEVELOPMENT OF REGIONAL IMPACT (NOPC) FILED BY SONOC COMPANY, LLC, DATED AUGUST 19, 2009, WHICH CHANGES ARE GENERALLY DESCRIBED AS AMENDING THE TIMING OF THE PHILIPS HIGHWAY WIDENING CONTRIBUTION, EXTENDING THE BUILDOUT, PHASING, TERMINATION AND EXPIRATION DATES BY TWO YEARS, AMENDING THE DOWN-ZONING DATE AND EXTENDING THE DUE DATE FOR THE TRAFFIC ANALYSIS FOR INTERNAL CAPTURE RATE; FINDING THAT THESE CHANGES DO NOT CONSTITUTE A SUBSTANTIAL DEVIATION FROM THE ORIGINALLY APPROVED NOCATEE DRI DEVELOPMENT ORDER, AS AMENDED; PROVIDING AN EFFECTIVE DATE; 10/6/2009 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON LAND USE & ZONING: November 03, 2009

 

The Chair OPENED the Public Hearing and extended the Privilege of the Floor to anyone in the audience desiring to address the Committee.  The Chair CLOSED the Public Hearing.

 

Recommend to AMEND and APPROVE.

 

AYES - Brown, Davis, Gaffney, Holt, Jones, Joost, Redman, ( 7 )

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2.    2009-548   AN ORDINANCE AMENDING CHAPTER 650 (COMPREHENSIVE PLANNING FOR FUTURE DEVELOPMENT), PART 4 (AMENDMENTS TO THE COMPREHENSIVE PLAN), SECTIONS 650.405 (PUBLIC HEARING OF THE PLANNING COMMISSION), 650.407 (ADDITIONAL NOTICE REQUIREMENTS FOR PROPOSED AMENDMENTS TO FLUMS) AND 650.408 (PUBLIC HEARINGS BY COUNCIL COMMITTEE), ORDINANCE CODE AND CHAPTER 656 (ZONING CODE); PART 1 (GENERAL PROVISIONS), SUBPART C (PROCEDURES FOR REZONING AND AMENDMENTS TO THE ZONING CODE), SECTIONS 656.124 (NOTICE OF PUBLIC HEARING BY COUNCIL COMMITTEE), 656.125 (LIMITATIONS ON REZONING OF LAND) AND 656.129 (ADVISORY RECOMMENDATION ON AMENDMENT TO ZONING CODE OR REZONING OF LAND), ORDINANCE CODE TO REQUIRE A DELAY IN THE PLANNING COMMISSION PUBLIC HEARING AND PUBLIC MEETING AND THE APPROPRIATE COMMITTEE OF CITY COUNCIL PUBLIC HEARING UNTIL SIGNS ARE PROPERLY POSTED; PROVIDING AN EFFECTIVE DATE; 8/4/2009 - Sub/Read 2nd & Rerefer 6-0

 

REPORT OF THE COMMITTEE ON LAND USE & ZONING: November 03, 2009

 

The Chair OPENED the Public Hearing and extended the Privilege of the Floor to anyone in the audience desiring to address the Committee.  The Chair CLOSED the Public Hearing.

 

Recommend to SUBSTITUTE and APPROVE.

 

AYES - Brown, Davis, Gaffney, Holt, Jones, Joost, Redman, ( 7 )

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3.    2009-750   AN ORDINANCE REZONING APPROXIMATELY 13.61  ACRES LOCATED IN COUNCIL DISTRICT 2 AT 2500 MONUMENT ROAD BETWEEN MONUMENT ROAD AND FT. CAROLINE ROAD (R.E. NOS. 167447-0100 AND 167447-0200), AS DESCRIBED HEREIN, OWNED BY WILLIAM A. WATSON, JR. AND WATSON REALTY CORPORATION, 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 MONUMENT/MCCORMICK PUD; PROVIDING AN EFFECTIVE DATE; 10/6/2009 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON LAND USE & ZONING: November 03, 2009

 

The Chair OPENED the Public Hearing and extended the Privilege of the Floor to anyone in the audience desiring to address the Committee.  The Chair CLOSED the Public Hearing.

 

Recommend to AMEND and APPROVE.

 

AYES - Brown, Davis, Gaffney, Holt, Jones, Joost, Redman, ( 7 )

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4.    2009-627   AN ORDINANCE REZONING APPROXIMATELY .22±  ACRES LOCATED IN COUNCIL DISTRICT 4 ON TAYLOR STREET BETWEEN EMERSON STREET AND CASCADE ROAD, (R.E. NO. 127219-0000) AS DESCRIBED HEREIN, OWNED BY THURMAN JEROME JARRELL FROM CO (COMMERCIAL OFFICE) DISTRICT TO PUD (PLANNED UNIT DEVELOPMENT) DISTRICT, AS DEFINED AND CLASSIFIED UNDER THE ZONING CODE, TO PERMIT COMMERCIAL AND OFFICE USES, AS DESCRIBED IN THE APPROVED WRITTEN DESCRIPTION AND SITE PLAN FOR THE JARRELL SCREENS PUD; PROVIDING AN EFFECTIVE DATE; 8/18/2009 - Read 2nd & Rerefer; 10/6/2009 - PH/Sub/Rerefer to LUZ 6-0

 

REPORT OF THE COMMITTEE ON LAND USE & ZONING: November 03, 2009

 

The Chair OPENED the Public Hearing and extended the floor to anyone desiring to address the Council.  The Chair CLOSED the Public Hearing.

 

Recommend to APPROVE.

 

AYES - Brown, Davis, Gaffney, Holt, Jones, Joost, Redman, ( 7 )

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5.    2009-752   AN ORDINANCE REZONING APPROXIMATELY 212.92  ACRES LOCATED IN COUNCIL DISTRICT 11 AT 9800 PLUMMER ROAD BETWEEN HOLTON LANE AND JUBILEE TRAIL (R.E. NOS. 002654-0030, 002654-0020, 002654-0010 & 002654-0000), AS DESCRIBED HEREIN, OWNED BY DALE HANSON, FROM PUD (PLANNED UNIT DEVELOPMENT) DISTRICT TO PUD (PLANNED UNIT DEVELOPMENT) DISTRICT, AS DEFINED AND CLASSIFIED UNDER THE ZONING CODE, TO PERMIT RESIDENTIAL USES, AS DESCRIBED IN THE APPROVED WRITTEN DESCRIPTION AND SITE PLAN FOR THE OAK LANE PLANTATION PUD; PROVIDING AN EFFECTIVE DATE; 10/6/2009 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON LAND USE & ZONING: November 03, 2009

 

The Chair OPENED the Public Hearing and extended the Privilege of the Floor to anyone in the audience desiring to address the Committee.  The Chair CLOSED the Public Hearing.

 

Recommend to AMEND and APPROVE.

 

AYES - Brown, Gaffney, Holt, Jones, Joost, Redman, ( 6 )

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6.    2009-753   AN ORDINANCE REZONING APPROXIMATELY 12.56  ACRES LOCATED IN COUNCIL DISTRICT 9 AT 2179 EMERSON STREET BETWEEN FREEMAN ROAD AND ST. AUGUSTINE ROAD (R.E. NOS. 126635-0000 & 126035-0000), AS DESCRIBED HEREIN, OWNED BY EDWARD ROBINSON, SR., FROM RMD-A (RESIDENTIAL MEDIUM DENSITY-A), IBP (INDUSTRIAL BUSINESS PARK) AND CCG-2 (COMMERCIAL COMMUNITY/GENERAL-2) DISTRICTS TO PUD (PLANNED UNIT DEVELOPMENT) DISTRICT, AS DEFINED AND CLASSIFIED UNDER THE ZONING CODE, TO PERMIT CHURCH AND RELATED USES, AS DESCRIBED IN THE APPROVED WRITTEN DESCRIPTION AND SITE PLAN FOR THE SOUTHSIDE CHURCH OF GOD IN CHRIST PUD; PROVIDING AN EFFECTIVE DATE; 10/6/2009 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON LAND USE & ZONING: November 03, 2009

 

The Chair OPENED the Public Hearing and extended the Privilege of the Floor to anyone in the audience desiring to address the Committee.  The Chair CLOSED the Public Hearing.

 

Recommend to AMEND and APPROVE.

 

AYES - Brown, Gaffney, Holt, Jones, Joost, Redman, ( 6 )

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7.    2009-754   AN ORDINANCE CONCERNING SIGN WAIVER APPLICATION SW-09-06 FOR AN EXISTING SIGN LOCATED IN COUNCIL DISTRICT 5 AT 9150 BAYMEADOWS ROAD, BETWEEN INTERSTATE 95 AND WESTERN WAY (R.E. NO. 152741-0030) AS DESCRIBED HEREIN, OWNED BY DURGAMA INC., REQUESTING TO INCREASE THE MAXIMUM HEIGHT OF SIGN FROM 65 FEET TO 70 FEET IN ZONING DISTRICT CCG-1 (COMMERCIAL COMMUNITY/GENERAL-1), AS DEFINED AND CLASSIFIED UNDER THE ZONING CODE; PROVIDING AN EFFECTIVE DATE; 10/6/2009 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON LAND USE & ZONING: November 03, 2009

 

Recommend  to WITHDRAW.

 

AYES - Brown, Gaffney, Holt, Jones, Joost, Redman, ( 6 )

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8.    2009-790   AN ORDINANCE ADOPTING AN AMENDMENT TO THE 2010 COMPREHENSIVE PLAN OF THE CITY OF JACKSONVILLE FOR THE PURPOSE OF REVISING CERTAIN PORTIONS OF THE TEXT OF THE PLAN IN THE CAPITAL IMPROVEMENTS ELEMENT; PROVIDING AN EFFECTIVE DATE; 10/20/2009 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON LAND USE & ZONING: November 03, 2009

 

The Chair OPENED the Public Hearing and extended the floor to anyone desiring to address the Council.  The Chair CLOSED the Public Hearing.

 

Recommend to APPROVE.

 

AYES - Brown, Gaffney, Holt, Jones, Joost, Redman, ( 6 )

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9.    2009-791   AN ORDINANCE ADOPTING PROPOSED EVALUATION AND APPRAISAL REPORT (EAR) BASED TEXT AMENDMENTS TO THE 2010 COMPREHENSIVE PLAN OF THE CITY OF JACKSONVILLE; AMENDING THE INTERGOVERNMENTAL COORDINATION ELEMENT, THE CAPITAL IMPROVEMENTS ELEMENT, THE INFRASTRUCTURE ELEMENT, THE RECREATION AND OPEN SPACE ELEMENT, THE FUTURE LAND USE ELEMENT, THE TRANSPORTATION ELEMENT, THE CONSERVATION/COASTAL MANAGEMENT ELEMENT, AND THE HOUSING ELEMENT TO INCORPORATE RECOMMENDATIONS FROM THE EVALUATION AND APPRAISAL REPORT AS APPROVED BY RESOLUTION 2007-920-A; AMENDING THE PUBLIC SCHOOL FACILITIES ELEMENT AND THE HISTORIC PRESERVATION ELEMENT TO CHANGE THE PLANNING TIMEFRAME FROM 2010 TO 2030 ONLY;  APPROVING MODIFICATION OF ALL REFERENCES TO 2010 TO 2030; PROVIDING AN EFFECTIVE DATE; 10/20/2009 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON LAND USE & ZONING: November 03, 2009

 

The Chair OPENED the Public Hearing and extended the Privilege of the Floor to anyone in the audience desiring to address the Committee.  The Chair CLOSED the Public Hearing.

 

Recommend to AMEND and APPROVE.

 

AYES - Brown, Gaffney, Holt, Jones, Joost, Redman, ( 6 )

_____________________

 

 

2ND READINGS

 

10.    2009-830   AN ORDINANCE REZONING APPROXIMATELY 1.80  ACRES LOCATED IN COUNCIL DISTRICT 6 AT 9743 OLD ST. AUGUSTINE ROAD BETWEEN SAN JOSE BOULEVARD AND CROWN POINT ROAD (R.E. NO. 148959-0000), AS DESCRIBED HEREIN, OWNED BY VINCENT PAUL, 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 OLD ST. AUGUSTINE ROAD PUD; PROVIDING AN EFFECTIVE DATE

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11.    2009-831   AN ORDINANCE REZONING APPROXIMATELY 1.50  ACRES LOCATED IN COUNCIL DISTRICT 10 AT 6361 103RD STREET BETWEEN JAMMES ROAD AND BLANDING BOULEVARD (R.E. NOS. 097637-0000 & 097638-0000), AS DESCRIBED HEREIN, OWNED BY ORTEGA BUSINESS PARK, LLC, FROM CCG-1 (COMMERCIAL COMMUNITY/GENERAL-1) 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 ORTEGA BUSINESS PARK PUD; PROVIDING AN EFFECTIVE DATE

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12.    2009-832   AN ORDINANCE REZONING APPROXIMATELY 1.77  ACRES LOCATED IN COUNCIL DISTRICT 1 AT 8050 LONE STAR ROAD BETWEEN TOWNSEND BOULEVARD AND TRACY ROAD (R.E. NO. 120833-0050), AS DESCRIBED HEREIN, OWNED BY SAWGRASS PARTNERS II, INC., FROM CN (COMMERCIAL NEIGHBORHOOD) 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 LONE STAR ROAD PUD; PROVIDING AN EFFECTIVE DATE

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13.    2009-833   AN ORDINANCE REZONING APPROXIMATELY 2.33  ACRES LOCATED IN COUNCIL DISTRICT 12 AT 9900 103RD STREET BETWEEN CONNIE JEAN ROAD AND HUGH EDWARDS ROAD (R.E. NO. 015330-0000) AS DESCRIBED HEREIN, OWNED BY NEW HOPE BAPTIST TEMPLE, INC. FROM RMD-D (RESIDENTIAL MEDIUM DENSITY-D) DISTRICT TO PBF-2 (PUBLIC BUILDINGS & FACILITIES-2) DISTRICT, AS DEFINED AND CLASSIFIED UNDER THE ZONING CODE; PROVIDING AN EFFECTIVE DATE

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14.    2009-834   AN ORDINANCE REZONING APPROXIMATELY 1.89  ACRES LOCATED IN COUNCIL DISTRICT 9 AT 5842 GRACE LANE, BETWEEN LANE AVENUE AND VERNA BOULEVARD, (PORTION OF R.E. NO. 007531-0000) AS DESCRIBED HEREIN, OWNED BY EDGAR L. O'NEAL, ET AL, FROM CO (COMMERCIAL OFFICE) DISTRICT TO CN (COMMERCIAL NEIGHBORHOOD) DISTRICT, AS DEFINED AND CLASSIFIED UNDER THE ZONING CODE; PROVIDING AN EFFECTIVE DATE

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15.    2009-835   AN ORDINANCE AMENDING CHAPTER 656 (ZONING CODE); PART 7 (NONCONFORMING LOTS, USES AND STRUCTURES); SECTION 656.725 (AMORTIZATION OF ADULT ENTERTAINMENT FACILITIES), ORDINANCE CODE, TO ELIMINATE REFERENCES TO USES BY EXCEPTION; PROVIDING AN EFFECTIVE DATE

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16.    2009-846   A RESOLUTION CONCERNING THE APPEAL OF A FINAL ORDER OF THE JACKSONVILLE HISTORIC PRESERVATION COMMISSION APPROVING, IN PART, WITH CONDITIONS AND DENYING, IN PART, CERTIFICATE OF APPROPRIATENESS APPLICATION COA-09-454, AS REQUESTED BY JASON RHODIN, REQUESTING TO A) CONSTRUCT A SIDE ADDITION, B) RE-OPEN THE SINGLE GARAGE BAY AND C) REPLACE THE GABLED STOOP WITH A FRONT PORCH AT 1723 PINE GROVE AVENUE IN THE RIVERSIDE-AVONDALE HISTORIC DISTRICT (COUNCIL DISTRICT 14), 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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17.    2009-856   AN ORDINANCE CORRECTING A ZONING RELATED SCRIVENER/TECHNICAL ERROR IN ORDINANCE 2009-536-E; MAKING THE CORRECTION RETROACTIVE AND FINDING THAT THE CORRECTION DOES NOT ADVERSELY AFFECT ANY PROCEDURAL OR SUBSTANTIVE DUE PROCESS RIGHTS OF ANY AFFECTED PARTY; PROVIDING DIRECTION TO THE LEGISLATIVE SERVICES DIVISION REGARDING THE CORRECTION ADOPTED HEREIN; PROVIDING AN EFFECTIVE DATE

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18.    2009-857   AN ORDINANCE APPROVING A SECOND AMENDMENT TO THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF JACKSONVILLE AND MATHENY IMPORTS, INC. TO EXTEND THE DURATION OF THE DEVELOPMENT AGREEMENT TO JUNE 4, 2014, FOR THE DEVELOPMENT (CCAS NO. 20008) KNOWN AS "MATHENY JAGUAR-LAND ROVER", CONSISTING OF APPROXIMATELY 6.23  ACRES LOCATED IN COUNCIL DISTRICT 2 AT 11211 ATLANTIC BOULEVARD (PORTION OF R.E. NO. 167446-0000), AS MORE PARTICULARLY DESCRIBED THEREIN, FOR 27,500 ENCLOSED SQUARE FEET OF AUTO DEALERSHIP USES (21,100 ENCLOSED SQUARE FEET ALREADY DEVELOPED AND 6,400 ENCLOSED SQUARE FEET REMAINING), SUBJECT TO A PERFORMANCE SCHEDULE AND THE PAYMENT OF AN ANNUAL RENEWAL FEE FOR THE PURPOSE OF RESERVING TRAFFIC CIRCULATION CAPACITY, PURSUANT TO PART 2, CHAPTER 655, ORDINANCE CODE; PROVIDING AN EFFECTIVE DATE

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19.    2009-858   AN ORDINANCE APPROVING A FOURTH AMENDMENT TO THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF JACKSONVILLE AND ST. LUKE'S-ST. VINCENT'S HEALTHCARE, INC. TO EXTEND THE DURATION OF THE DEVELOPMENT AGREEMENT TO MARCH 6, 2011, FOR THE DEVELOPMENT (CCAS NO. 5748) KNOWN AS "ST. LUKE'S HOSPITAL", CONSISTING OF APPROXIMATELY 48.84  ACRES LOCATED IN COUNCIL DISTRICT 4 AT 4201 BELFORT ROAD (R.E. NO. 152576-0100), AS MORE PARTICULARLY DESCRIBED THEREIN, FOR 19,000 ENCLOSED SQUARE FEET OF REMAINING HOSPITAL USE DEVELOPMENT, SUBJECT TO A PERFORMANCE SCHEDULE AND THE PAYMENT OF AN ANNUAL RENEWAL FEE FOR THE PURPOSE OF RESERVING TRAFFIC CIRCULATION CAPACITY, PURSUANT TO PART 2, CHAPTER 655, ORDINANCE CODE; PROVIDING AN EFFECTIVE DATE

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20.    2009-864   AN ORDINANCE AMENDING CHAPTER 656 (ZONING CODE), PART 12,  (LANDSCAPE AND TREE PROTECTION REGULATIONS), SUBPART A (GENERAL PROVISIONS) SECTIONS 656.1202 (DECLARATION OF LEGISLATIVE INTENT AND PUBLIC POLICY) AND 656.1203 (DEFINITIONS), AND SUBPART C (LANDSCAPING REQUIREMENTS), SECTIONS 656.1209 (APPLICABILITY), 656.1210 (LANDSCAPING REQUIREMENTS RELATED TO COMPREHENSIVE PLAN POLICIES), 656.1211 (LANDSCAPE DESIGN STANDARDS), 656.1212 (MAINTENANCE AND PROTECTION OF LANDSCAPING) AND 656.1217 (LANDSCAPE PLAN REQUIRED) ORDINANCE CODE, TO REQUIRE FLORIDA-FRIENDLY LANDSCAPE PRACTICES AND IRRIGATION DESIGN STANDARDS BY PROVIDING CONSISTENCY BETWEEN STATE LAW AND THE CITY OF JACKSONVILLE COMPREHENSIVE PLAN; PROVIDING FOR PURPOSE AND INTENT; PROVIDING FOR DEFINITIONS; PROVIDING FOR AMENDMENT OF EXISTING REGULATIONS; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE

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