LAND USE & ZONING COMMITTEE

 

MINUTES OF THE REGULAR MEETING

 

December 02,2014

 

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, December 02,2014.  The meeting was called to order at 5:03 P.M. by Committee Chair Ray Holt.  The meeting adjourned at 6:15 P.M.

 

 

 

            Members in Attendance:                                                                               Staff Attendance:

 

            CM Ray Holt, Chair                                                                                Philip Zamarron, Legislative Asst.

            CM Stephen Joost, Vice Chair                                                               Susan Grandin, General Counsel

            CM Bill Bishop                                                                                      Yvonne Mitchell, Research Asst.

            CM Lori Boyer                                                                                      Bruce Lewis, Planning Dept

            CM Johnny Gaffney - Excused                                                              Folks Huxford, Planning Dept   

            CM Jim Love                                                                                        Joel McEachin, Planning Dept

            CM Don Redman                                                                              

                                                                                                                        Kenneth Browning, Sgt-At-Arms

           

  

 

 

 

 

 

Others in Attendance:

 

 

Calvin Burney, Planning (14-724)

 

 

 


1.    2013-493   AN ORDINANCE CONCERNING THE REGULATION OF OFF-SITE COMMERCIAL SIGNS; MAKING FINDINGS; AMENDING CHAPTER 656 (ZONING CODE), PART 13 (SIGN REGULATIONS), ORDINANCE CODE, AS DESCRIBED; AMENDING SECTION 656.1301 (GENERAL PROVISIONS), ORDINANCE CODE; AMENDING SECTION 656.1302 (DEFINITIONS), ORDINANCE CODE, TO ADD A NEW DEFINITION FOR REPLACEMENT OFF-SITE COMMERCIAL SIGNS; AMENDING SECTION 656.1303 (ZONING LIMITATIONS ON SIGNS), ORDINANCE CODE, TO ALLOW FOR THE MAINTENANCE AND REPAIR OF OFF-SITE COMMERCIAL SIGNS, SUBJECT TO CONDITIONS; AMENDING 656.1309 (UNLAWFUL SIGN MESSAGES), ORDINANCE CODE, TO PROVIDE FOR AN EXEMPTION FOR REPLACEMENT OFF-SITE COMMERCIAL SIGNS; CREATING NEW SECTION 656.1322 (REPLACEMENT OFF-SITE COMMERCIAL SIGNS), ORDINANCE CODE, TO  ALLOW FOR REPLACEMENT OFF-SITE COMMERCIAL SIGNS IN CERTAIN ZONING DISTRICTS WHEN EXISTING OFF-SITE COMMERCIAL SIGN INVENTORY IS FURTHER REDUCED, SUBJECT TO CERTAIN PERFORMANCE STANDARDS AND RESIDENTIAL PROXIMITY RESTRICTIONS; CREATING NEW SECTION 656.1323 (APPEALS FROM THE BUILDING INSPECTIONS DIVISION), ORDINANCE CODE, TO REQUIRE CHALLENGES BY AGGRIEVED PARTIES OF BUILDING INSPECTION DIVISION FINAL ACTIONS TO BE PURSUED THROUGH APPEAL TO PLANNING COMMISSION; AMENDING ARTICLE 23 OF THE CHARTER OF THE CITY OF JACKSONVILLE TO HALT THE PROLIFERATION OF OFF-SITE COMMERCIAL BILLBOARDS BY CAPPING THE EXISTING INVENTORY OF OFF-SITE COMMERCIAL BILLBOARDS AND ONLY PERMITTING REPLACEMENT OFF-SITE COMMERCIAL BILLBOARDS WHEN EXISTING INVENTORY IS FURTHER REDUCED AND TO PROMOTE PUBLIC SAFETY AND AESTHETICS BY ALLOWING FOR REPAIR AND MAINTENANCE OF EXISTING OFF-SITE COMMERCIAL BILLBOARDS AS OF THE EFFECTIVE DATE OF THIS ORDINANCE; AMENDING 614.142 (UNLAWFUL SIGN MESSAGES), CHAPTER 614 (PUBLIC ORDER AND SAFETY), ORDINANCE CODE; PROVIDING FOR SEVERABILITY OF THE PROVISIONS OF THIS ORDINANCE; PROVIDING AN EFFECTIVE DATE; 8/6/2013 - Read 2nd & Rerefer; 12/3/2013 - PH Sub/Rerefer R, PHS, LUZ 6-0; 8/19/2014 - PH SUB/Rerefer 6-0

 

REPORT OF THE COMMITTEE ON LAND USE & ZONING: December 02, 2014

 

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.

 

Roll Call was ordered.  The motion CARRIED.

 

The Chair declared the file WITHDRAWN.

 

AYES - Bishop, Boyer, Holt, Joost, Love, Redman, ( 6 )

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2.    2013-627   AN ORDINANCE ADOPTING A SMALL-SCALE AMENDMENT TO THE FUTURE LAND USE MAP SERIES OF THE 2030 COMPREHENSIVE PLAN BY CHANGING THE FUTURE LAND USE DESIGNATION FROM NEIGHBORHOOD COMMERCIAL (NC) TO LOW DENSITY RESIDENTIAL (LDR) ON APPROXIMATELY 1.26  ACRES OF LAND LOCATED IN COUNCIL DISTRICT 9 AT 3160 DIVISION STREET BETWEEN MECCA STREET AND DIVISION STREET AND OWNED BY MASSIS ENTERPRISES INC., AS MORE PARTICULARLY DESCRIBED HEREIN, PURSUANT TO APPLICATION NUMBER 2013C-014; PROVIDING AN EFFECTIVE DATE; 10/1/2013 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON LAND USE & ZONING: December 02, 2014

 

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.

 

Roll Call was ordered.  The motion CARRIED.

 

The Chair declared the file WITHDRAWN.

 

AYES - Bishop, Boyer, Holt, Joost, Love, Redman, ( 6 )

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3.    2013-628   AN ORDINANCE REZONING APPROXIMATELY 1.26  ACRES LOCATED IN COUNCIL DISTRICT 9 AT 3160 DIVISION STREET BETWEEN MARTIN LUTHER KING JR. BOULEVARD AND 23RD STREET (R.E NO(S) 047540-0000), AS DESCRIBED HEREIN OWNED BY MASSIS ENTERPRISES, INC., FROM COMMERCIAL NEIGHBORHOOD (CN) DISTRICT TO PLANNED UNIT DEVELOPMENT (PUD) DISTRICT, AS DEFINED AND CLASSIFIED UNDER THE ZONING CODE, TO PERMIT COMMERCIAL NEIGHBORHOOD USES AS DESCRIBED IN THE APPROVED WRITTEN DESCRIPTION AND SITE PLAN FOR THE DIVISION STREET MARKETPLACE PUD; PROVIDING A DISCLAIMER THAT THE REZONING GRANTED HEREIN SHALL NOT BE CONSTRUED AS AN EXEMPTION FROM ANY OTHER APPLICABLE LAWS;  PROVIDING AN EFFECTIVE DATE; 10/1/2013 - Read 2nd & Rerefer; 10/7/2014 - Sub/Rerefer 6-0

 

REPORT OF THE COMMITTEE ON LAND USE & ZONING: December 02, 2014

 

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 - Bishop, Boyer, Holt, Joost, Love, Redman, ( 6 )

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4.    2014-562   A RESOLUTION CONCERNING THE APPEAL OF A DECISION ISSUED BY THE DOWNTOWN INVESTMENT AUTHORITY ("DIA") AFFIRMING THE DENIAL BY THE DOWNTOWN DEVELOPMENT REVIEW BOARD ("DDRB") OF DDRB APPLICATION 2013-017 (BILLBOARD STRUCTURE REPLACEMENT), FILED BY DRIVER, MCAFEE, PEEK, AND HAWTHORNE, P.L. ON BEHALF OF THE LAND OWNER FDG DUPONT CENTER II, LLC, ("FDG") ON PROPERTY LOCATED WITHIN THE DOWNTOWN OVERLAY ZONE ON THE SOUTHBANK OF THE RIVER, PURSUANT TO SECTION 656.361, ORDINANCE CODE; ADOPTING DETERMINATION OF THE LAND USE AND ZONING COMMITTEE; PROVIDING AN EFFECTIVE DATE; 8/19/2014 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON LAND USE & ZONING: December 02, 2014

 

Recommend  to WITHDRAW.

 

AYES - Bishop, Boyer, Holt, Joost, Love, Redman, ( 6 )

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5.    2014-594   AN ORDINANCE REZONING APPROXIMATELY 101.59  ACRES LOCATED IN COUNCIL DISTRICT 8 AT 0 ANGEL LAKE DRIVE (R.E. NO(S). 019446-1745) AS DESCRIBED HEREIN, OWNED BY ANGEL LAKES GATED, INC. FROM PLANNED UNIT DEVELOPMENT (PUD) DISTRICT TO RESIDENTIAL RURAL-ACRE (RR-ACRE) DISTRICT, AS DEFINED AND CLASSIFIED UNDER THE ZONING CODE; PROVIDING A DISCLAIMER THAT THE REZONING GRANTED HEREIN SHALL NOT BE CONSTRUED AS AN EXEMPTION FROM ANY OTHER APPLICABLE LAWS; PROVIDING AN EFFECTIVE DATE; 9/3/2014 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON LAND USE & ZONING: December 02, 2014

 

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.

 

Roll Call was ordered.  The motion CARRIED.

 

The Chair declared the file WITHDRAWN.

 

AYES - Bishop, Boyer, Holt, Joost, Love, Redman, ( 6 )

_____________________

 

6.    2014-678   AN ORDINANCE REZONING APPROXIMATELY 14.54  ACRES LOCATED IN COUNCIL DISTRICT 11 AT 0 ASSISI LANE BETWEEN COVE LANDING DRIVE AND CYPRESS LANDING DRIVE (R.E NO(S) 169385-0200), AS DESCRIBED HEREIN OWNED BY BULL-GATOR PROPERTY INVESTORS, LLC, FROM PLANNED UNIT DEVELOPMENT (PUD) (2006-1074-E) DISTRICT TO PLANNED UNIT DEVELOPMENT (PUD) DISTRICT, AS DEFINED AND CLASSIFIED UNDER THE ZONING CODE, TO PERMIT AN ASSISTED LIVING FACILITY AND ANCILLARY USES AS DESCRIBED IN THE APPROVED WRITTEN DESCRIPTION AND SITE PLAN FOR THE ANTHEM LAKES ASSISTED LIVING FACILITY PUD; PROVIDING A DISCLAIMER THAT THE REZONING GRANTED HEREIN SHALL NOT BE CONSTRUED AS AN EXEMPTION FROM ANY OTHER APPLICABLE LAWS;  PROVIDING AN EFFECTIVE DATE; 10/21/2014 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON LAND USE & ZONING: December 02, 2014

 

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 - Bishop, Boyer, Holt, Joost, Love, Redman, ( 6 )

_____________________

 

7.    2014-697   AN ORDINANCE REZONING APPROXIMATELY 1.14  ACRES LOCATED IN COUNCIL DISTRICT 14 AT 4225 ROOSEVELT BOULEVARD BETWEEN ST. JOHNS AVENUE AND MELROSE AVENUE (R.E NO(S) 069208-0010), AS DESCRIBED HEREIN OWNED BY FIRST COAST ENERGY, LLP, FROM PLANNED UNIT DEVELOPMENT (PUD) DISTRICT TO PLANNED UNIT DEVELOPMENT (PUD) DISTRICT, AS DEFINED AND CLASSIFIED UNDER THE ZONING CODE, TO PERMIT A CONVENIENCE STORE, GAS PUMPS AND CAR WASH AS DESCRIBED IN THE APPROVED WRITTEN DESCRIPTION AND SITE PLAN FOR THE FCE #1008-SHELL STATION @ ST. JOHNS PARK PUD; PROVIDING A DISCLAIMER THAT THE REZONING GRANTED HEREIN SHALL NOT BE CONSTRUED AS AN EXEMPTION FROM ANY OTHER APPLICABLE LAWS;  PROVIDING AN EFFECTIVE DATE; 11/5/2014 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON LAND USE & ZONING: December 02, 2014

 

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 - Bishop, Boyer, Holt, Joost, Love, Redman, ( 6 )

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8.    2014-698   AN ORDINANCE CONCERNING SIGN WAIVER APPLICATION SW-14-08 FOR A SIGN LOCATED IN COUNCIL DISTRICT 3 AT 11990 BEACH BOULEVARD BETWEEN PEMBERTON STREET AND HUFFMAN BOULEVARD (R.E. NO. 167064-0030) AS DESCRIBED HEREIN, OWNED BY LLJ MULTI-FAMILY VENTURES 5, LLC, REQUESTING TO INCREASE THE MAXIMUM SIZE OF THE SIGN FROM 24 SQUARE FEET TO 30 SQUARE FEET, ALLOW FOR ILLUMINATION (INTERNAL LIGHTING)  AND REDUCE THE MINIMUM SETBACK FROM 20 FEET TO 0 FEET IN ZONING DISTRICT RESIDENTIAL MEDIUM DENSITY-D (RMD-D), AS DEFINED AND CLASSIFIED UNDER THE ZONING CODE; PROVIDING A DISCLAIMER THAT THE WAIVER GRANTED HEREIN SHALL NOT BE CONSTRUED AS AN EXEMPTION FROM ANY OTHER APPLICABLE LAWS;  PROVIDING AN EFFECTIVE DATE; 11/5/2014 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON LAND USE & ZONING: December 02, 2014

 

Recommend to AMEND and  APPROVE, Grant the Waiver.

 

AYES - Bishop, Boyer, Holt, Joost, Love, Redman, ( 6 )

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9.    2014-724   AN ORDINANCE AMENDING CHAPTER 656 (ZONING CODE), ORDINANCE CODE; AMENDING SECTION 656.109 (ADMINISTRATION AND ENFORCEMENT; INTERPRETATION OF ZONING CODE), ORDINANCE CODE, AMENDING SECTION 656.110 (ENFORCEMENT), ORDINANCE CODE, AMENDING SECTIONS 656.151, 656.153, AND 656.156 OF SUBPART E (CERTIFICATES OF USE), ORDINANCE CODE, AND CREATING NEW SECTIONS 656.157 THROUGH 656.163 TO AMEND VARIOUS PROVISIONS AND CREATE NEW PROVISIONS CONCERNING THE CERTIFICATE OF USE APPLICATION PROCESS, REVOCATION AND SUSPENSION OF EXISTING CERTIFICATES OF USE, AND ENFORCEMENT OF SAME; AMENDING SECTION 656.1601 (DEFINITIONS), ORDINANCE CODE, AMENDING THE TITLE OF CHAPTER 770 (COUNTY OCCUPATIONAL LICENSE TAX) AND CREATING NEW SECTION 770.126 (APPLICATION OF OTHER LAWS), ORDINANCE CODE, AND AMENDING THE TITLE OF CHAPTER 772 (MUNICIPAL OCCUPATIONAL LICENSE TAX) AND CREATING NEW SECTION 772.127 (APPLICATION OF OTHER LAWS), ORDINANCE CODE, TO CLARIFY THAT  ISSUANCE OF AN OCCUPATIONAL LICENSE TAX RECEIPT DOES NOT WAIVE COMPLIANCE WITH OTHER APPLICABLE CITY, COUNTY OR STATE REGULATIONS; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE; 11/18/2014 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON LAND USE & ZONING: December 02, 2014

 

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 - Bishop, Boyer, Holt, Joost, Love, Redman, ( 6 )

_____________________

 

10.    2014-729   AN ORDINANCE REGARDING CHAPTER 307 (HISTORIC PRESERVATION), ORDINANCE CODE; DESIGNATING THE SECOND MISSIONARY BAPTIST CHURCH, LOCATED AT 954 KINGS ROAD, IN COUNCIL DISTRICT 9, 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; 11/18/2014 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON LAND USE & ZONING: December 02, 2014

 

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 - Bishop, Boyer, Holt, Joost, Love, Redman, ( 6 )

_____________________

 

 

2ND READINGS

 

11.    2014-754   AN ORDINANCE ADOPTING A SMALL-SCALE AMENDMENT TO THE FUTURE LAND USE MAP SERIES OF THE 2030 COMPREHENSIVE PLAN BY CHANGING THE FUTURE LAND USE DESIGNATION FROM LOW DENSITY RESIDENTIAL (LDR) TO RESIDENTIAL-PROFESSIONAL-INSTITUIONAL (RPI) ON APPROXIMATELY 1.23  ACRES OF LAND LOCATED IN COUNCIL DISTRICT 3 AT 3162 GERONA DRIVE WEST BETWEEN CHELTENHAM ROAD AND GERONA DRIVE WEST, OWNED BY COASTAL VETERINARY ENTERPRISES, LLC, AS MORE PARTICULARLY DESCRIBED HEREIN, PURSUANT TO APPLICATION NUMBER 2014C-012; PROVIDING A DISCLAIMER THAT THE AMENDMENT GRANTED HEREIN SHALL NOT BE CONSTRUED AS AN EXEMPTION FROM ANY OTHER APPLICABLE LAWS; PROVIDING AN EFFECTIVE DATE

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12.    2014-755   AN ORDINANCE REZONING APPROXIMATELY 3.29  ACRES LOCATED IN COUNCIL DISTRICT 3 ON 3162 GERONA DRIVE WEST AND 13431 BEACH BOULEVARD BETWEEN CHELTENHAM ROAD AND GERONA DRIVE WEST (R.E. NO(S). 166561-0010 AND 166563-0000), AS DESCRIBED HEREIN, OWNED BY COASTAL VETERINARY ENTERPRISES, LLC, FROM PLANNED UNIT DEVELOPMENT (PUD) AND RESIDENTIAL LOW DENSITY-60 DISTRICTS TO  PLANNED UNIT DEVELOPMENT (PUD) 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 COASTAL VETERINARY ENTERPRISES, LLC PUD, PURSUANT TO FUTURE LAND USE MAP SERIES (FLUMS) SMALL-SCALE AMENDMENT APPLICATION NUMBER 2014C-012; PROVIDING A DISCLAIMER THAT THE REZONING GRANTED HEREIN SHALL NOT BE CONSTRUED AS AN EXEMPTION FROM ANY OTHER APPLICABLE LAWS;  PROVIDING AN EFFECTIVE DATE

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13.    2014-756   AN ORDINANCE APPROVING A PROPOSED LARGE SCALE REVISION TO THE FUTURE LAND USE MAP SERIES OF THE 2030 COMPREHENSIVE PLAN BY CHANGING THE FUTURE LAND USE DESIGNATIONS FROM AGRICULTURE-II (AGR-II), AGRICULTURE-III (AGR-III), AGRICULTURE-IV (AGR-IV) AND LOW DENSITY RESIDENTIAL (LDR) TO LOW DENSITY RESIDENTIAL (LDR) AND CONSERVATION (CSV) ON APPROXIMATELY 672.46  ACRES OF LAND LOCATED IN COUNCIL DISTRICT 13 ON PHILIPS HIGHWAY BETWEEN STATE ROAD 9B AND NOCATEE PARKWAY OWNED BY RASMUS HOLDINGS, LLLP AND THE ANNIE F. WILLIAMS QTIP TRUST, AS MORE PARTICULARLY DESCRIBED HEREIN, PURSUANT TO APPLICATION NUMBER 2014A-004, FOR TRANSMITTAL TO THE STATE OF FLORIDA'S VARIOUS AGENCIES FOR REVIEW; PROVIDING A DISCLAIMER THAT THE REVISION GRANTED HEREIN SHALL NOT BE CONSTRUED AS AN EXEMPTION FROM ANY OTHER APPLICABLE LAWS; PROVIDING AN EFFECTIVE DATE

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14.    2014-757   AN ORDINANCE REZONING APPROXIMATELY 1.47  ACRES LOCATED IN COUNCIL DISTRICT 1 AT 7676 MERRILL ROAD BETWEEN KINGSTREE ROAD AND WEDGEFIELD BOULEVARD (R.E NO(S) 120459-0040), AS DESCRIBED HEREIN OWNED BY COMMUNITY FIRST CREDIT UNION, FROM PLANNED UNIT DEVELOPMENT (PUD) DISTRICT TO PLANNED UNIT DEVELOPMENT (PUD) DISTRICT, AS DEFINED AND CLASSIFIED UNDER THE ZONING CODE, TO PERMIT COMMERCIAL USE AS DESCRIBED IN THE APPROVED WRITTEN DESCRIPTION AND SITE PLAN FOR THE COMMUNITY FIRST CREDIT UNION MERRILL ROAD PUD; PROVIDING A DISCLAIMER THAT THE REZONING GRANTED HEREIN SHALL NOT BE CONSTRUED AS AN EXEMPTION FROM ANY OTHER APPLICABLE LAWS;  PROVIDING AN EFFECTIVE DATE

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15.    2014-758   AN ORDINANCE APPROVING THE WAIVER OF MINIMUM ROAD FRONTAGE APPLICATION WRF-14-16 LOCATED IN COUNCIL DISTRICT 12 AT 781 CAHOON ROAD SOUTH BETWEEN GORDEAN STREET AND CAHOON ROAD SOUTH (R.E. NO. 007008-0000) AS DESCRIBED HEREIN, OWNED BY DEBRA JUNE TORO, REQUESTING TO REDUCE THE MINIMUM ROAD FRONTAGE REQUIREMENTS FROM 48 FEET TO 0 FEET IN ZONING DISTRICT RESIDENTIAL LOW DENSITY-60 (RLD-60), AS DEFINED AND CLASSIFIED UNDER THE ZONING CODE; PROVIDING A DISCLAIMER THAT THE WAIVER GRANTED HEREIN SHALL NOT BE CONSTRUED AS AN EXEMPTION FROM ANY OTHER APPLICABLE LAWS;  PROVIDING AN EFFECTIVE DATE

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