LAND USE & ZONING COMMITTEE

 

MINUTES OF THE REGULAR MEETING

 

August 02, 2011

 

REGGIE BROWN, 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, August 02, 2011.  The meeting was called to order at 5:04 P.M. by Committee Chair Reggie Brown.  The meeting adjourned at 5:54 P.M.

 

 

 

Members in Attendance:                                      Staff Attendance:

 

CM Reggie Brown, Chair                                     Merriane Lahmeur, Legislative Asst.

CM Ray Holt, Vice Chair                                     Dylan Reingold, General Counsel

CM Lori Boyer                                                               Rick Campbell, Research Asst.

CM Doyle Carter                                                            John Crofts, Planning Dept.

CM Jim Love                                                                  Sean Kelly, Planning Dept.

CM Robin Lumb                                                 Folks Huxford, Planning Dept.

CM Don Redman                                                           Ken Avery, Planning Dept.

Kenneth Browning, Sgt-at-Arms

  

 

 

 

 

 

Others in Attendance:

 

 

Jason Teal, OGC (11-408)

Bob Williams, Real Estate (11-428)

 

 

 

 

 

 

 

1.    2011-341   AN ORDINANCE CONCERNING WAIVER OF MINIMUM ROAD FRONTAGE APPLICATION WRF-11-3 LOCATED IN COUNCIL DISTRICT 12 AT 6193 TOWNSEND ROAD, BETWEEN BLANDING BOULEVARD AND JAMMES ROAD (R.E. NO. 098236-0020) AS DESCRIBED HEREIN, OWNED BY TAMMY POWELL, REQUESTING TO REDUCE THE MINIMUM ROAD FRONTAGE REQUIREMENTS FOR TWO DWELLINGS FROM 80 FEET TO 61.52 FEET IN ZONING DISTRICT RMD-A (RESIDENTIAL MEDIUM DENSITY-A), AS DEFINED AND CLASSIFIED UNDER THE ZONING CODE; PROVIDING AN EFFECTIVE DATE; 6/7/2011 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON LAND USE & ZONING: August 02, 2011

 

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 REREFER to the Committee(s).

 

AYES - Boyer, Brown, Holt, Love, Lumb, Redman, ( 6 )

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2.    2011-381   AN ORDINANCE CONCERNING SIGN WAIVER APPLICATION SW-11-6 FOR A SIGN LOCATED IN COUNCIL DISTRICT 5 AT 1538 HENDRICKS AVENUE, BETWEEN CEDAR STREET AND LASALLE STREET (R.E. NO. 080525-0000) AS DESCRIBED HEREIN, OWNED BY 1538 HENDRICKS AVENUE, LLC, REQUESTING TO REDUCE THE MINIMUM SETBACK FROM 10 FEET TO 1 FOOT IN ZONING DISTRICT CCG-1 (COMMERCIAL COMMUNITY/GENERAL-1), AS DEFINED AND CLASSIFIED UNDER THE ZONING CODE; PROVIDING AN EFFECTIVE DATE.; 6/21/2011 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON LAND USE & ZONING: August 02, 2011

 

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 the Waiver.

 

AYES - Boyer, Brown, Carter, Holt, Love, Lumb, Redman, ( 7 )

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3.    2011-408   AN ORDINANCE CONCERNING NUISANCE AND EMERGENCY ABATEMENT ALTERNATIVES FOR HISTORIC PROPERTIES; AMENDING CHAPTER 76 (HISTORIC PRESERVATION COMMISSION), SECTION 76.103 (POWERS AND DUTIES) TO CREATE A RULEMAKING PROCESS; AMENDING CHAPTER 307 (HISTORIC PRESERVATION AND PROTECTION), SECTION 307.102 (DEFINITIONS) TO CREATE A NEW DEFINITION FOR "MOTHBALLING"; AMENDING SECTION 307.106 (APPROVAL OF CHANGES TO LANDMARKS, LANDMARK SITES, AND PROPERTY IN HISTORIC DISTRICTS) TO REQUIRE A CERTIFICATE OF APPROPRIATENESS FOR DEMOLITIONS AND FOR MOTHBALLING (INCLUDING CRITERIA FOR REVIEWING SUCH APPLICATIONS) AND TO REQUIRE THE LEAST INTRUSIVE METHOD OF ABATING NUISANCE AND EMERGENCY CONDITIONS AS AN ALTERNATIVE TO DEMOLITION; AMENDING SECTION 307.110 (MAINTENANCE AND REPAIR OF LANDMARKS, LANDMARK SITES, AND PROPERTY IN HISTORIC DISTRICTS) TO ADD CHAPTER 307 TO CITATION ENFORCEMENT AUTHORITY; AMENDING SECTION 307.113 (CONSTRUCTION WITH OTHER LAWS AND SEVERABILITY) TO REQUIRE A CERTIFICATE OF APPROPRIATENESS BEFORE UNDERTAKING NON-EMERGENCY NUISANCE ABATEMENT OF HISTORIC STRUCTURES; CREATING A NEW SECTION 307.114 (SEVERABILITY) TO INCORPORATE THE EXISTING SUBSECTION (B) OF SECTION 307.113; RENUMBERING THE EXISTING SECTION 307.114; CREATING A NEW 307, PART 3 (ENFORCEMENT ALTERNATIVES TO PROVISIONS OF CHAPTER 518) TO AUTHORIZE THE USE OF MOTHBALLING TO PRESERVE HISTORIC BUILDINGS FROM CONTINUED DECAY WHILE ELIMINATING AN OPEN AND UNSAFE BLIGHTING NUISANCE, AND TO AUTHORIZE THE CREATION OF AN ADMINISTRATIVE RULE TO DETAIL APPROPRIATE MOTHBALLING PROCEDURES; AMENDING SECTION 518.205 (BOARDING OF VACANT BUILDINGS OR DWELLINGS) TO AUTHORIZE MOTHBALLING AS AN ENFORCEMENT ALTERNATIVE; AMENDING  SECTION 518.304 (ABATEMENT BY CITY) TO CORRECT THE REFERENCE TO SUBSECTIONS OF SECTION 518.111; AMENDING 518.403 (COMPLIANCE STANDARDS/ PERMITTING REPAIRS) TO REFERENCE MOTHBALLING AS AN ENFORCEMENT ALTERNATIVE FOR HISTORIC PROPERTIES AND HOLDING ENFORCMENT IN ABEYANCE UNTIL AN APPLICATION FOR MOTHBALLING FOR A PARTICULAR PROPERTY IS RESOLVED; AMENDING SECTION 518.404 (VACANT SUBSTANDARD PROPERTY) TO REFERENCE MOTHBALLING AS AN ENFORCEMENT ALTERNATIVE; PROVIDING AN EFFECTIVE DATE.; 7/19/2011 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON LAND USE & ZONING: August 02, 2011

 

Recommend to APPROVE.

 

AYES - Boyer, Brown, Carter, Holt, Love, Lumb, Redman, ( 7 )

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4.    2011-417   AN ORDINANCE AMENDING RESOLUTION 74-1445-498, AS AMENDED BY RESOLUTIONS 80-630-217 AND 81-720-334, ORDINANCE 85-932-570, RESOLUTIONS  86-1348-431, 87-1405-459, 89-776-289, 90-64-31, 96-878-318, AND 1999-876-A, AND ORDINANCES 2000-811-E, 2003-222-E, 2003-1276-E, 2004-425-E, 2004-913-E, 2007-191-E, 2009-732-E AND 2010-268-E, WHICH APPROVED A DEVELOPMENT OF REGIONAL IMPACT (DRI) FOR THE VILLAGES OF ARGYLE DRI, TO AMEND THE DRI DEVELOPMENT ORDER PURSUANT TO THE NOTIFICATION OF A PROPOSED CHANGE (NOPC) TO A PREVIOUSLY APPROVED DRI DEVELOPMENT ORDER FILED BY AFI ASSOCIATES, INC. AND CHIMNEY LAKES INVESTMENT COMPANY, DATED MAY 26, 2011, AS REVISED ON JUNE 9, 2011, TO MODIFY MASTER PLAN, MAP H TO 1) RELOCATE THE PARK/SCHOOL SITE LOCATED ON PARCEL 31 TO NEW PARCEL 51 FOR A PARK; 2) DESIGNATE PARCEL 51 AS PARK WITHIN THE HUNTING PRESERVE; 3) CONVERT THE CURRENT PARK/SCHOOL SITE LOCATED ON PARCEL 31 TO GENERAL COMMERCIAL; 4) REVISE NOTES 3 AND 4; AND 5) CHANGE AN HIGH DENSITY RESIDENTIAL PARCEL (PARCEL 26) TO A MIXED USE PARCEL, AND TO MODIFY CONDITION 15(U) REGARDING THE CONVEYANCE OF PARCEL 50 (PARK/SCHOOL); DIRECTING LEGISLATIVE SERVICES TO FORWARD A COPY OF THIS ORDINANCE TO THE DEPARTMENT OF COMMUNITY AFFAIRS, NORTHEAST FLORIDA REGIONAL COUNCIL AND AGENT; FINDING THAT THESE CHANGES AND MODIFICATIONS DO NOT CONSTITUTE A SUBSTANTIAL DEVIATION FROM THE ORIGINALLY APPROVED; AND PROVIDING AN EFFECTIVE DATE.; 7/19/2011 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON LAND USE & ZONING: August 02, 2011

 

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 - Boyer, Brown, Carter, Holt, Love, Lumb, Redman, ( 7 )

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5.    2011-428   AN ORDINANCE CLOSING AND ABANDONING, AND/OR DISCLAIMING, AN OPENED AND IMPROVED PORTION OF RIVERVIEW DRIVE IN COUNCIL DISTRICT 3, ESTABLISHED IN THE ATLANTIC HIGHLANDS PLAT RECORDED IN PLAT BOOK 9, PAGE 37 OF THE CURRENT PUBLIC RECORDS OF DUVAL COUNTY, FLORIDA, AT THE REQUEST OF CRESCENT RESOURCES, LLC (THE "APPLICANT") TO ALLOW APPLICANT TO EXPAND THE PARKING CAPACITY FOR ITS HARBORTOWN MARINA DEVELOPMENT, SUBJECT TO (1) RESERVATION OF AN EASEMENT OVER THE CLOSED PORTION OF RIVERVIEW DRIVE FOR INGRESS AND EGRESS AND FOR ALL UTILITIES, AND, (2) UNLESS OTHERWISE APPROVED BY THE PLANNING AND DEVELOPMENT DEPARTMENT, APPLICANT'S ADHERENCE TO THE TERMS OF PUD ORDINANCE 2002-931-E ADDRESSING APPLICANT'S ADJACENT DEVELOPMENT, NAMELY THAT A SIX FOOT ALUMINUM FENCE WITH MASONRY COLUMNS BE MAINTAINED BETWEEN RIVERVIEW DRIVE AND THE APPLICANT'S PROPERTY, AND THAT THE TEN FOOT BUILDING RESTRICTION LINE FROM THE ORIGINALLY PLATTED RIGHT-OF-WAY LINE REMAIN IN EFFECT; PROVIDING AN EFFECTIVE DATE.; 7/19/2011 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON TRANSPORTATION, ENERGY & UTILITIES: August 01, 2011

 

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.

 

REPORT OF THE COMMITTEE ON LAND USE & ZONING: August 02, 2011

 

Recommend to AMEND and  APPROVE.

 

AYES - Boyer, Brown, Carter, Holt, Love, Lumb, Redman, ( 7 )

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2ND READINGS

 

6.    2011-443   AN ORDINANCE AMENDING CHAPTER 250 (MISCELLANEOUS BUSINESS REGULATIONS), PART 8 (DOWNTOWN SIDEWALK CAFES) TO CHANGE THE NAME OF THE "BAY STREET TOWN CENTER ENTERTAINMENT ZONE" TO THE "E-TOWN ZONE"; TO ALLOW BARS LOCATED WITHIN THE  E-TOWN  ZONE TO HAVE OUTDOOR SEATING IN THE PUBLIC RIGHTS-OF-WAY, SPECIFICALLY BAY STREET FROM OCEAN STREET TO LIBERTY STREET, FORSYTH STREET FROM MAIN STREET TO LIBERTY STREET, OCEAN STREET FROM BAY STREET TO ADAMS STREET, ADAMS STREET FROM NEWNAN STREET TO MAIN STREET, NEWNAN STREET FROM BAY STREET TO FORSYTH STREET AND MARKET STREET FROM BAY STREET TO FORSYTH STREET; TO CLARIFY THE INTENT THAT PERMIT REQUIREMENTS APPLY TO BARS AS WELL AS CAFÉS AND RESTAURANTS; PROVIDING AN EFFECTIVE DATE.

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7.    2011-491   AN ORDINANCE APPROVING A SECOND AMENDMENT TO A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF JACKSONVILLE AND MAGNOLIA PARK PARTNERS, LTD., (CCAS NO. 23166.1), TO EXTEND THE DURATION OF THE DEVELOPMENT AGREEMENT FROM SEPTEMBER 6, 2011 TO SEPTEMBER 6, 2016 FOR PROPERTY LOCATED IN COUNCIL DISTRICT 5, EAST OF HOOD ROAD SOUTH ON THE SOUTH SIDE OF SHAD ROAD (R.E. NO. 159648-5000), PURSUANT TO PART 2, CHAPTER 655, ORDINANCE CODE; PROVIDING AN EFFECTIVE DATE.

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