LAND USE & ZONING COMMITTEE

 

MINUTES OF THE REGULAR MEETING

 

November 16,2010

 

JOHN CRESCIMBENI, 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 16,2010. The meeting was called to order at 5:01 P.M. by Committee Chair John Crescimbeni. The meeting adjourned at 6:42 P.M.

 

 

 

Members in Attendance: Staff Attendance:

 

CM John Crescimbeni, Chair Merriane Lahmeur, Legislative Asst.

CM Ray Holt, Vice Chair Sharonda Davis, Legislative Asst.

CM Bill Bishop - Excused Dylan Reingold, General Counsel

CM Stephen Joost Rick Campbell, Research Asst.

CM Don Redman John Crofts, Planning Director

CM Reggie Brown Excused Early 5:53 Sean Kelly, Planning & Dept.

CM Dick Brown Folks Huxford, Planning Dept.

Ken Avery, Principal Planner

Kenneth Browning, Sgt-at-Arms

 

 

 

 

 

Others in Attendance:

 

 

CM Hyde (2010-326)

CM Johnson (2010-770)

Jason Teal, General Counsel (2010-784)

Bill Killingsworth, Planning Dept (2010-326)

Cherry Shaw, General Counsel (2010-770)

Joel McEachin, Planning Dept (2010-770)

 

 

 

 

1. 2010-326 AN ORDINANCE REGARDING ADULT ARCADE AMUSEMENT CENTERS AND ELECTRONIC TECHNOLOGY IN THE ADMINISTRATION OF GAME PROMOTIONS AND DRAWINGS BY CHANCE, INCLUDING THE USE OF VIDEO DISPLAYS OR SIMILAR TECHNOLOGY TO DISPLAY THE RESULTS; MAKING FINDINGS; ESTABLISHING A NEW CHAPTER 155 (ADULT ARCADE AMUSEMENT CENTERS) OF TITLE VI (BUSINESS, TRADES AND OCCUPATIONS), ORDINANCE CODE, TO REGULATE THE OPERATION OF ADULT ARCADE AMUSEMENT CENTERS; ESTABLISHING A NEW CHAPTER 156 (ELECTRONIC GAME PROMOTIONS) OF TITLE VI (BUSINESS, TRADES AND OCCUPATIONS), ORDINANCE CODE, TO REGULATE ELECTRONIC TECHNOLOGY IN THE ADMINISTRATION OF GAME PROMOTIONS AND DRAWINGS BY CHANCE; PROVIDING FOR LEGISLATIVE AUTHORIZATION, THE COVERED AREA TO BE ALL OF DUVAL COUNTY, THE INTENT OF THE LEGISLATION, DEFINITIONS, REGULATIONS FOR PERMITTING AND FEES, INSPECTIONS, SIGNAGE REQUIREMENTS, LIMITATIONS ON THE OPERATIONS OF THE BUSINESSES, SAFETY AND SECURITY REQUIREMENTS, VIOLATIONS AND PENALTIES AND SEVERABILITY; AMENDING CHAPTER 656 (ZONING CODE), PART 3 (SCHEDULE OF DISTRICT REGULATIONS), SUBPART C (COMMERCIAL USE CATEGORIES AND ZONING DISTRICTS), SECTION 656.313 (COMMUNITY/GENERAL COMMERCIAL CATEGORY), ORDINANCE CODE TO ADD ADULT ARCADE AMUSEMENT CENTERS OPERATED BY A LICENSED PERMITHOLDER AND GAME PROMOTIONS UTILIZING ELECTRONIC EQUIPMENT OPERATED BY A LICENSED PERMITHOLDER, MEETING THE PERFORMANCE STANDARDS AND DEVELOPMENT CRITERIA SET FORTH IN PART 4, TO THE LIST OF PERMITTED USES IN CCG-1 AND CCG-2 ZONING DISTRICTS, SUBJECT TO ALL OTHER RESTRICTIONS, REQUIREMENTS AND LIMITATIONS SET FORTH IN THE ORDINANCE CODE; AMENDING CHAPTER 656 (ZONING CODE), PART 3 (SCHEDULE OF DISTRICT REGULATIONS, SUBPART D (INDUSTRIAL USE CATEGORIES AND ZONING DISTRICTS), SECTION 656.322 (LIGHT INDUSTRIAL CATEGORY), ORDINANCE CODE TO ADD INDOOR FACILITIES OPERATED BY A LICENSED PARI-MUTUEL PERMITHOLDER, ADULT ARCADE AMUSEMENT CENTERS OPERATED BY A LICENSED PERMITHOLDER AND GAME PROMOTIONS UTILIZING ELECTRONIC EQUIPMENT OPERATED BY A LICENSED PERMITHOLDER, MEETING THE PERFORMANCE STANDARDS AND DEVELOPMENT CRITERIA SET FORTH IN PART 4, TO THE LIST OF PERMISSIBLE USES BY EXCEPTION IN THE IL ZONING DISTRICT, SUBJECT TO ALL OTHER RESTRICTIONS, REQUIREMENTS AND LIMITATIONS SET FORTH IN THE ORDINANCE CODE; AMENDING CHAPTER 656 (ZONING CODE), PART 4 (SUPPLEMENTARY REGULATIONS), SUBART A (PERFORMANCE STANDARDS AND DEVELOPMENT CRITERIA), TO ADD A NEW SUBSECTION 656.401(KK) (GAME PROMOTIONS UTILIZING ELECTRONIC EQUIPMENT OPERATED BY A LICENSED PERMITHOLDER) TO ADD SUPPLEMENTARY REGULATIONS; AMENDING CHAPTER 656 (ZONING CODE), PART 7 (NONCONFORMING LOTS, USES AND STRUCTURES), TO ADD A NEW SECTION 656.726 (NONCONFORMING GAME PROMOTIONS UTILIZING ELECTRONIC REQUIPMENT OPERATED BY A LICENSED PERMITHOLDER), ORDINANCE CODE TO ESTABLISH THAT ALL SUCH USES EXISTING ON APRIL 21, 2010 ARE CONSIDERED LEGAL NON-CONFORMING USES, SUBJECT TO ALL OTHER RESTRICTIONS, REQUIREMENTS AND LIMITATIONS SET FORTH IN THE ORDINANCE CODE; AMENDING CHAPTER 772 (MUNICIPAL OCCUPATIONAL LICENSE TAX) ORDINANCE CODE, TO CREATE A NEW SECTION 772.340 (ADULT ARCADE AMUSEMENT CENTERS) TO PROVIDE A $40 PER DAY MUNICIPAL OCCUPATIONAL LICENSE TAX ON SAID BUSINESS; PROVIDING AN EFFECTIVE DATE

 

Recommend to AMEND and APPROVE as an EMERGENCY measure.

 

AYES - Brown, Brown, Crescimbeni, Holt, Joost, Redman, ( 6 )

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2. 2010-770 AN ORDINANCE REGARDING CHAPTER 307 (HISTORIC PRESERVATION), ORDINANCE CODE; DESIGNATING THE OLD CITY CEMETERY LOCATED NORTHEAST OF DOWNTOWN JACKSONVILLE, IN COUNCIL DISTRICT 7, 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 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; 10/5/2010 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON LAND USE & ZONING: November 16, 2010

 

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, Brown, Crescimbeni, Joost, Redman, ( 5 )

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3. 2010-782 AN ORDINANCE REZONING APPROXIMATELY 115.0 ACRES LOCATED IN COUNCIL DISTRICT 2 ON THE NORTHWEST CORNER OF ATLANTIC BOULEVARD AND KERNAN BOULEVARD (A PORTION OF R.E. NO. 167445-0810 AND R.E. NO. 167445-0310), AS DESCRIBED HEREIN, OWNED BY ATLANTIC NORTH LAND TRUST, FROM PUD (PLANNED UNIT DEVELOPMENT) DISTRICT TO PUD (PLANNED UNIT DEVELOPMENT) DISTRICT, AS DEFINED AND CLASSIFIED UNDER THE ZONING CODE, TO PERMIT MULTI-FAMILY RESIDENTIAL USES AND COMMERCIAL/RETAIL USES, AS DESCRIBED IN THE APPROVED WRITTEN DESCRIPTION AND SITE PLAN FOR THE VILLAGES AT KERNAN II PUD; PROVIDING AN EFFECTIVE DATE; 10/19/2010 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON LAND USE & ZONING: November 16, 2010

 

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, Brown, Crescimbeni, Holt, Joost, Redman, ( 6 )

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4. 2010-783 AN ORDINANCE REZONING APPROXIMATELY 9.81 ACRES LOCATED IN COUNCIL DISTRICT 2 ON THE NORTHEAST CORNER OF KERNAN BOULEVARD AND ATLANTIC BOULEVARD (A PORTION OF R.E. NO. 165265-3800) AS DESCRIBED HEREIN, OWNED BY TITUS HARVEST DOME SPECTRUM CHURCH, INC. FROM CO (COMMERCIAL OFFICE) DISTRICT TO CCG-1 (COMMERCIAL COMMUNITY/GENERAL-1) DISTRICT, AS DEFINED AND CLASSIFIED UNDER THE ZONING CODE; PROVIDING AN EFFECTIVE DATE; 10/19/2010 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON LAND USE & ZONING: November 16, 2010

 

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, Brown, Crescimbeni, Holt, Joost, Redman, ( 6 )

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5. 2010-784 A RESOLUTION CONCERNING THE APPEAL OF A FINAL DECISION OF THE JACKSONVILLE HISTORIC PRESERVATION COMMISSION DENYING CERTIFICATE OF APPROPRIATENESS (COA-10-463) AS REQUESTED BY SHARON L. GASPARO TO ENCLOSE THE ATTACHED CARPORT AT 1618 TALBOT 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; 10/19/2010 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON LAND USE & ZONING: November 16, 2010

 

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 to Grant Appeal.

 

AYES - Brown, Crescimbeni, Joost, Redman, ( 4 )

 

NAYS - Holt, ( 1 )

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2ND READINGS

 

6. 2010-842 AN ORDINANCE REZONING APPROXIMATELY 2.5 ACRES LOCATED IN COUNCIL DISTRICT 2 AT 2395 ST. JOHNS BLUFF ROAD BETWEEN ATLANTIC BOULEVARD AND ALDEN ROAD (R.E. NO(S). 163751-0000), AS DESCRIBED HEREIN, OWNED BY AUTO MASTERS FLEET SERVICES SOUTH JACKSONVILLE, INC., FROM PUD (PLANNED UNIT DEVELOPMENT) DISTRICT TO PUD (PLANNED UNIT DEVELOPMENT) DISTRICT, AS DEFINED AND CLASSIFIED UNDER THE ZONING CODE, TO PERMIT FLEET SERVICE GARAGE AND OUTSIDE STORAGE USES, AS DESCRIBED IN THE APPROVED WRITTEN DESCRIPTION AND SITE PLAN FOR THE AUTO MASTERS FLEET SERVICES PUD; PROVIDING AN EFFECTIVE DATE

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7. 2010-843 AN ORDINANCE REZONING APPROXIMATELY 1.37 ACRES LOCATED IN COUNCIL DISTRICT 14 AT 4602 HEADLEY STREET BETWEEN LAMBOLL AVENUE AND GLEN LAURA ROAD, (A PORTION IOF R.E. NO. 066310-0012) AS DESCRIBED HEREIN, OWNED BY ROBERT C. HARTWIG FROM RR-ACRE (RESIDENTIAL RURAL-ACRE) DISTRICT TO RLD-60 (RESIDENTIAL LOW DENSITY-60) DISTRICT, AS DEFINED AND CLASSIFIED UNDER THE ZONING CODE; PROVIDING AN EFFECTIVE DATE

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8. 2010-844 AN ORDINANCE REZONING APPROXIMATELY 11.647 ACRES LOCATED IN COUNCIL DISTRICT 4 AT 4901 RICHARD STREET BETWEEN UNIVERSITY BOULEVARD AND SOUTHGATE DRIVE, (R.E. NO. 153050-0020) AS DESCRIBED HEREIN, OWNED BY MEMORIAL HEALTHCARE GROUP, INC. FROM PBF-2 (PUBLIC BUILDING AND FACILITIES-2) DISTRICT TO PBF-3 (PUBLIC BUILDING AND FACILITIES-3) DISTRICT, AS DEFINED AND CLASSIFIED UNDER THE ZONING CODE; PROVIDING AN EFFECTIVE DATE

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9. 2010-847 AN ORDINANCE APPROVING AND ADOPTING THE GREATER ARLINGTON/BEACHES VISION PLAN TO PROVIDE GUIDANCE CONCERNING ALL DEVELOPMENT AND REDEVELOPMENT WITHIN THE GREATER ARLINGTON/BEACHES PLANNING DISTRICT (PLANNING DISTRICT 2); AUTHORIZING PLANNING AND DEVELOPMENT DEPARTMENT AUTHORITY TO INTERPRET THE GREATER ARLINGTON/BEACHES VISION PLAN; PROVIDING FOR THE GREATER ARLINGTON/BEACHES VISION PLAN TO BE MAINTAINED ON THE PLANNING AND DEVELOPMENT DEPARTMENT WEBSITE; PROVIDING AN EFFECTIVE DATE

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