LAND USE & ZONING COMMITTEE

 

MINUTES OF THE REGULAR MEETING

 

May 19,2009

 

ART GRAHAM, 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, May 19,2009.  The meeting was called to order at 5:05 P.M. by Committee Chair Art Graham.  The meeting adjourned at 6:16 P.M.

 

 

 

            Members in Attendance:                                                                    Staff Attendance:

 

            CM Art Graham, Chair                                                                        Merriane Lahmeur, Legislative Aide

            CM Stephen Joost, Vice Chair - Excused                                           Marilyn Allen, Legislative Aide

            CM Reggie Brown                                                                               Shannon Eller, General Counsel

            CM Johnny Gaffney                                                                            Rick Campbell, Research Asst.

            CM Ray Holt                                                                                       John Crofts, Planning Director

            CM Don Redman                                                                                Sean Kelly, Zoning Administrator

            CM Jack Webb                                                                                    Folks Huxford, Sr. Planner

                                                                                                            Ken Avery, Principal Planner

     Kenneth Browning, Sgt-at-Arms

 

 

 

 

 

Others in Attendance:

 

1.    2009-161   AN ORDINANCE REZONING APPROXIMATELY 3.66  ACRES LOCATED IN COUNCIL DISTRICT 8 ON EDGEWOOD AVENUE BETWEEN MONCRIEF ROAD AND AVENUE B, (R.E. NO. 026473-0000) AS DESCRIBED HEREIN, OWNED BY EDGEWOOD AND MONCRIEF, INC. FROM RLD-G (RESIDENTIAL LOW DENSITY-G) DISTRICT TO CN (COMMERCIAL NEIGHBORHOOD) DISTRICT, AS DEFINED AND CLASSIFIED UNDER THE ZONING CODE; PROVIDING AN EFFECTIVE DATE.; 2/18/2009 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON LAND USE & ZONING: May 19, 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, Graham, Redman, Webb, ( 5 )

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2.    2009-324   AN ORDINANCE REZONING APPROXIMATELY 1.34  ACRES LOCATED IN COUNCIL DISTRICT 10 AT/ON 2151 LANE AVENUE SOUTH, BETWEEN WILEY ROAD AND LUCENTE DRIVE (R.E. NO. 011644-0000), AS DESCRIBED HEREIN, OWNED BY RMW SHOWCASE PLAZA, 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 LANE AVENUE SOUTH COMMERCIAL DEVELOPMENT PUD; PROVIDING AN EFFECTIVE DATE.; 4/21/2009 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON LAND USE & ZONING: May 19, 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, Graham, Holt, Redman, Webb, ( 6 )

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3.    2009-325   AN ORDINANCE CONCERNING THE DOWNTOWN OVERLAY ZONE, AMENDING SUBPART H, CHAPTER 656, ORDINANCE CODE, AND CREATING A NEW CODE SECTION PROHIBITING PAY PHONES WITHIN CITY RIGHTS OF WAY AND CITY PARKS IN THE DOWNTOWN OVERLAY ZONE; FINDING OF PUBLIC HEALTH SAFETY AND WELFARE CONCERNS AND DIRECTING THAT NO PERMITS BE ISSUED AND EXISTING PAY PHONES BE REMOVED; PROVIDING AN EFFECTIVE DATE.; 4/21/2009 - Read 2nd & Rerefer; 5/5/2009 - PH/ Approve 3-2 (Gaffney, Brown) (Failed)

 

REPORT OF THE COMMITTEE ON LAND USE & ZONING: May 19, 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 - Gaffney, Graham, Holt, Redman, Webb, ( 5 )

 

NAYS - Brown, ( 1 )

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4.    2009-351   AN ORDINANCE AMENDING ORDINANCE 2000-451-E, AS AMENDED BY ORDINANCES 2000-1210-E, 2003-594-E, 2004-426-E, 2005-267-E, 2005-843-E, 2006-505-E, AND 2007-1140-E, WHICH APPROVED A DEVELOPMENT ORDER FOR BARTRAM PARK, A DEVELOPMENT OF REGIONAL IMPACT (DRI), PURSUANT TO THE NOTIFICATION OF A PROPOSED CHANGE TO A PREVIOUSLY APPROVED DEVELOPMENT OF REGIONAL IMPACT (NOPC) FILED BY J. THOMAS DODSON, JR., BARTRAM PARK, LTD., BARTRAM INVESTMENTS, LLC, AND WINSLOW FARMS, LTD., AND DATED MARCH 20, 2009; CHANGING THE PHASING SCHEDULE FOR RESIDENTIAL, HOTEL, OFFICE AND COMMERCIAL USES, AND INCREASING OFFICE, COMMERCIAL AND RESIDENTIAL USES AND DECREASING HOTEL USES, REPLACING THE OFFSITE TRANSPORTATION REQUIREMENTS BY PARCEL GROUPINGS TABLE, REVISING THE MINIMUM AND MAXIMUM TABLE TO INCREASE OFFICE USES AND REDUCE HOTEL USES, AND REVISING THE SCHEDULE FOR THE CONSTRUCTION OF RACE TRACK ROAD TO ALLOW FOR CREDIT FOR PROPORTIONATE FAIR SHARE OBLIGATIONS FOR THE CONSTRUCTION; FINDING THAT THESE CHANGES DO NOT CONSTITUTE A SUBSTANTIAL DEVIATION FROM THE ORIGINALLY APPROVED DRI; PROVIDING AN EFFECTIVE DATE.  ; 5/5/2009 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON LAND USE & ZONING: May 19, 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, Graham, Holt, Redman, Webb, ( 6 )

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2ND READINGS

 

 

5.    2009-378   AN ORDINANCE REGARDING CHAPTER 307 (HISTORIC PRESERVATION), ORDINANCE CODE, DESIGNATING THE LYNNWOOD CHRISTIAN CHURCH LOCATED AT 5200 WESCONNETT BOULEVARD, IN COUNCIL DISTRICT 10 JACKSONVILLE, FLORIDA, AS A LANDMARK AND LANDMARK SITE; DIRECTING THE ZONING ADMINISTRATOR TO ENTER THE LANDMARK AND LANDMARK SITE DESIGNATION ON THE ZONING ATLAS; DIRECTING THE COUNCIL SECRETARY TO NOTIFY EACH APPLICANT, THE PROPERTY OWNER AND THE PROPERTY APPRAISER OF THE LANDMARK AND LANDMARK SITE DESIGNATION AND TO CAUSE SAID DESIGNATION TO BE RECORDED IN THE PUBLIC RECORDS OF DUVAL COUNTY, FLORIDA; PROVIDING AN EFFECTIVE DATE.

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6.    2009-379   AN ORDINANCE REZONING APPROXIMATELY 0.95  ACRES LOCATED IN COUNCIL DISTRICT 3 AT 13107 ATLANTIC BOULEVARD BETWEEN NAUGATUCK DRIVE AND JOEANDY ROAD (R.E. NO. 167316-0200), AS DESCRIBED HEREIN, OWNED BY PALLARA REALTY, LLC ET AL, FROM PUD (PLANNED UNIT DEVELOPMENT) DISTRICT TO PUD (PLANNED UNIT DEVELOPMENT) DISTRICT, AS DEFINED AND CLASSIFIED UNDER THE ZONING CODE, TO PERMIT COMMERCIAL RESIDENTIAL AND OFFICE USES, AS DESCRIBED IN THE APPROVED WRITTEN DESCRIPTION AND SITE PLAN FOR THE PALLARA REALTY PROFESSIONAL BUILDING PUD; PROVIDING AN EFFECTIVE DATE.

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7.    2009-380   AN ORDINANCE ADOPTING A SMALL-SCALE AMENDMENT TO THE FUTURE LAND USE MAP SERIES OF THE 2010 COMPREHENSIVE PLAN BY CHANGING THE FUTURE LAND USE DESIGNATION FROM LOW DENSITY RESIDENTIAL (LDR) TO RESIDENTIAL-PROFESSIONAL-INSTITUTIONAL (RPI) ON APPROXIMATELY 1.98 ACRES OF LAND LOCATED IN COUNCIL DISTRICT 4 AT 2000 UNIVERSITY BOULEVARD SOUTH BETWEEN ATLANTIC BOULEVARD AND BARTRAM ROAD AND OWNED BY MOHAMED O. SALEH, AS MORE PARTICULARLY DESCRIBED HEREIN, PURSUANT TO APPLICATION NUMBER 2007C-063; PROVIDING AN EFFECTIVE DATE.

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8.    2009-381   AN ORDINANCE REZONING APPROXIMATELY 1.98 ACRES OF LAND LOCATED IN COUNCIL DISTRICT 4 AT 2000 UNIVERSITY BOULEVARD SOUTH BETWEEN ATLANTIC BOULEVARD AND BARTRAM ROAD AND OWNED BY MOHAMED O. SALEH, AS MORE PARTICULARLY DESCRIBED HEREIN, FROM RESIDENTIAL LOW DENSITY-60 (RLD-60) DISTRICT TO COMMERCIAL, RESIDENTIAL AND OFFICE (CRO) DISTRICT AS DEFINED AND CLASSIFIED UNDER THE ZONING CODE, PURSUANT TO FUTURE LAND USE MAP SERIES (FLUMS) SMALL-SCALE LAND USE AMENDMENT APPLICATION NUMBER 2007C-063; PROVIDING AN EFFECTIVE DATE.

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9.    2009-382   AN ORDINANCE ADOPTING A SMALL-SCALE AMENDMENT TO THE FUTURE LAND USE MAP SERIES OF THE 2010 COMPREHENSIVE PLAN BY CHANGING THE FUTURE LAND USE DESIGNATION FROM LOW DENSITY RESIDENTIAL (LDR) TO RESIDENTIAL-PROFESSIONAL-INSTITUTIONAL (RPI) ON APPROXIMATELY 0.26 OF AN ACRE OF LAND LOCATED IN COUNCIL DISTRICT 1 AT 610 ARLINGWOOD AVENUE BETWEEN THE ARLINGTON EXPRESSWAY SERVICE ROAD AND BORDEAU AVENUE AND OWNED BY FRED W. AND H. JANICE BOWER, AS MORE PARTICULARLY DESCRIBED HEREIN, PURSUANT TO APPLICATION NUMBER 2008C-004; PROVIDING AN EFFECTIVE DATE.

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10.    2009-383   AN ORDINANCE REZONING APPROXIMATELY 0.26 OF AN ACRE OF LAND LOCATED IN COUNCIL DISTRICT  1 AT 610 ARLINGWOOD AVENUE BETWEEN ARLINGTON EXPRESSWAY SERVICE ROAD AND BORDEAU AVENUE AND OWNED BY FRED W. AND H. JANICE BOWER, AS DESCRIBED HEREIN, FROM RESIDENTIAL LOW DENSITY-60 (RLD-60) DISTRICT TO PLANNED UNIT DEVELOPMENT (PUD) DISTRICT, AS DEFINED AND CLASSIFIED UNDER THE ZONING CODE, TO PERMIT COMMERCIAL AND OFFICE USES, AS DESCRIBED IN THE WRITTEN DESCRIPTION AND SITE PLAN FOR THE 610 ARLINGWOOD-BOWER PUD, PURSUANT TO FUTURE LAND USE MAP SERIES (FLUMS) SMALL-SCALE AMENDMENT APPLICATION NUMBER 2008C-004; PROVIDING AN EFFECTIVE DATE.

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11.    2009-384   AN ORDINANCE AMENDING THE DEVELOPMENT ORDER FOR THE FREEDOM COMMERCE CENTRE DEVELOPMENT OF REGIONAL IMPACT (DRI), ORIGINALLY APPROVED BY RESOLUTION 87-163-106, AS AMENDED BY RESOLUTIONS 87-506-140, 87-1129-358, 88-74-43, 88-389-144, 90-323-506, 91-135-665, 93-966-296, 96-136-105, 97-736-A, 98-616-A AND 99-250-A AND ORDINANCES 2001-227-E, 2003-1002-E AND 2008-909-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 FCC PARTNERS LP, LTD., DATED APRIL 9, 2009, WHICH CHANGE REDUCES THE SQUARE FOOTAGE OF RETAIL/COMMERCIAL USES, OFFICE USES, AND INDUSTRIAL USES AND THE NUMBER OF HOTEL ROOMS, AND INCREASES THE NUMBER OF MULTI-FAMILY UNITS, REVISES THE MINIMUM AND MAXIMUM CONVERSION TABLE; REVISES MAP H; DELETES SPECIAL CONDITIONS I-5 THROUGH I-10; DELETES PARAGRAPHS 1, 5 AND 7 OF SECTION IV OF ORDINANCE 2001-227-E; REVISES THE TRANSPORTATION PROVISIONS OF THE DRI; AND EXTENDS THE BUILD OUT DATES; FINDING THAT THESE CHANGES DO NOT CONSTITUTE A SUBSTANTIAL DEVIATION FROM THE ORIGINALLY APPROVED FREEDOM COMMERCE CENTRE DRI DEVELOPMENT ORDER, AS AMENDED; AND PROVIDING AN EFFECTIVE DATE.

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12.    2009-398   A RESOLUTION CONCERNING THE APPEAL OF A FINAL ORDER OF THE JACKSONVILLE HISTORIC PRESERVATION COMMISSION DENYING ON REMAND THE CERTIFICATE OF APPROPRIATENESS RELATED TO WINDOWS (COA-08-146) AS REQUESTED BY ANDREA SIMPSON TO REPLACE ALL EXISTING WINDOWS AT 2718 DELLWOOD AVENUE IN THE RIVERSIDE AVONDALE HISTORIC DISTRICT (COUNCIL DISTRICT 9), 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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13.    2009-399   AN ORDINANCE REGARDING CHAPTER 307 (HISTORIC PRESERVATION), ORDINANCE CODE, DESIGNATING THE HAYDON BURNS PUBLIC LIBRARY LOCATED AT 122 NORTH OCEAN STREET, IN COUNCIL DISTRICT 4 JACKSONVILLE, FLORIDA, AS A LANDMARK AND LANDMARK SITE; WAIVING THE REQUIREMENTS OF SECTION 307.102 (K) ORDINANCE CODE, REGARDING BUILDINGS OR STRUCTURES DESIGNATED AS LANDMARKS BE AT LEAST FIFTY (50) YEARS OLD; DIRECTING THE ZONING ADMINISTRATOR TO ENTER THE LANDMARK AND LANDMARK SITE DESIGNATION ON THE ZONING ATLAS; DIRECTING THE CHIEF OF LEGISLATIVE SERVICES TO NOTIFY EACH APPLICANT, THE PROPERTY OWNER AND THE PROPERTY APPRAISER OF THE LANDMARK AND LANDMARK SITE DESIGNATION AND TO CAUSE SAID DESIGNATION TO BE RECORDED IN THE PUBLIC RECORDS OF DUVAL COUNTY, FLORIDA; PROVIDING AN EFFECTIVE DATE.

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14.    2009-401   AN ORDINANCE AMENDING SECTION 326.103 (EXEMPTIONS), ORDINANCE CODE, & SECTION 656.1303 (ZONING LIMITATIONS ON SIGNS), ORDINANCE CODE, TO PERMIT ADVERTISING ON TRANSIT SHELTERS ON PUBLIC RIGHTS-OF-WAY OR ON TRANSIT SHELTERS ON PUBLICLY OWNED PROPERTY AND PROVIDING SEVERABILITY; AMENDING SECTION 326.104 (UNLAWFUL SIGN STRUCTURES), ORDINANCE CODE, TO CROSS REFERENCE SECTION 326.103 (EXEMPTIONS), ORDINANCE CODE, AS AMENDED;  AMENDING SECTION 656.1334 (SIGNS EXEMPTED), ORDINANCE CODE,  TO CROSS REFERENCE SECTION 656.1303 (ZONING LIMITATIONS ON SIGNS), ORDINANCE CODE, AS AMENDED;  ATTACHING CURRENT TEXT OF ORDINANCE CODE SECTIONS FOR REFERENCE; PROVIDING AN EFFECTIVE DATE.

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15.    2009-402   AN ORDINANCE AMENDING SECTION 326.104 (UNLAWFUL SIGN STRUCTURES), ORDINANCE CODE, TO PROHIBIT ADVERTISING ON PUBLIC PAY PHONES OR TRANSIT SHELTERS; PROVIDING AN EFFECTIVE DATE.

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16.    2009-404   AN ORDINANCE APPROVING A SECOND AMENDMENT TO THE  DEVELOPMENT AGREEMENT BETWEEN THE CITY OF JACKSONVILLE AND PECAN PARK ROAD INVESTMENTS, LLC, A FLORIDA LIMITED LIABILITY COMPANY AND SUCCESSOR IN TITLE AND DEVELOPMENT RIGHTS TO LOUIS L. HUNTLEY ENTERPRISES, INC., A FLORIDA CORPORATION, CONCERNING A DEVELOPMENT (CCAS NO. 22759, 22763, 22764 AND 22765) KNOWN AS "PECAN PARK", CONSISTING OF APPROXIMATELY 115  ACRES LOCATED IN COUNCIL DISTRICT 11 AT PECAN PARK ROAD BETWEEN INTERSTATE 95 AND TISON ROAD;  EXTENDING THE EXPIRATION DATE, CONSOLIDATING THE RESERVATION OF TRIPS WITH FAIR SHARE CONTRACT (CCAS 47890), MODIFYING THE LEGAL DESCRIPTION, AND CONVERTING THE USES, 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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