LAND USE & ZONING COMMITTEE

 

MINUTES OF THE REGULAR MEETING

 

November 18,2014

 

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, November 18,2014.  The meeting was called to order at 5:04 P.M. by Committee Chair Ray Holt.  The meeting adjourned at 7:25 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 - Excused                                                                     Yvonne Mitchell, Research Asst.

            CM Lori Boyer                                                                                      Bruce Lewis, Planning Dept

            CM Johnny Gaffney - Excused                                                              Folks Huxford, Planning Dept   

            CM Jim Love                                                                                        Chris Hancock, Sgt-At-Arms

            CM Don Redman                                                                              

                                                                                                                       

  

 

 

 

 

 

Others in Attendance:

 

 

 

1.    2014-699   AN ORDINANCE APPROVING A FIRST AMENDMENT TO THE DEVELOPMENT AGREEMENT FOR CCAS NO. 72577 BETWEEN THE CITY OF JACKSONVILLE AND JCLA DEVELOPMENT II, LLC, (FORMERLY KNOWN AS APR DEVELOPMENT II, LLC), TO EXTEND THE DURATION OF THE DEVELOPMENT AGREEMENT TO NOVEMBER 17, 2019, REVISE THE PERFORMANCE SCHEDULE AND INCREASE THE ANNUAL FEE FOR THE PURPOSE OF RESERVING TRAFFIC CIRCULATION CAPACITY, PURSUANT TO PART 2, CHAPTER 655, ORDINANCE CODE, CONCERNING A DEVELOPMENT, CONSISTING OF APPROXIMATELY 14.48  ACRES LOCATED IN COUNCIL DISTRICT 11, ON THE WEST SIDE OF ALTA DRIVE, SOUTH OF MASTERS ROAD (R.E. NOS. 109073-0000, 109074-0000, 109075-0000, 109078-0000, & 109078-0010), AS MORE PARTICULARLY DESCRIBED THEREIN, FOR 350,000 ENCLOSED SQUARE FEET OF HEAVY INDUSTRIAL USES; PROVIDING AN EFFECTIVE DATE; 11/5/2014 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON LAND USE & ZONING: November 18, 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 - Boyer, Holt, Love, Redman, ( 4 )

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2.    2014-254   AN ORDINANCE REZONING APPROXIMATELY 17.57  ACRES LOCATED IN COUNCIL DISTRICT 6 AT 12360 JODA LANE EAST, BETWEEN OLD ST. AUGUSTINE ROAD AND JODA LANE NORTH (R.E NO(S) 157245-0165), AS DESCRIBED HEREIN, OWNED BY GRACE FARMS INVESTMENTS, LLC, FROM RESIDENTIAL RURAL-ACRE (RR-ACRE) AND RESIDENTIAL LOW DENSITY-90 (RLD-90) DISTRICTS TO PLANNED UNIT DEVELOPMENT (PUD) DISTRICT, AS DEFINED AND CLASSIFIED UNDER THE ZONING CODE, TO PERMIT SINGLE FAMILY DWELLINGS AS DESCRIBED IN THE APPROVED WRITTEN DESCRIPTION AND SITE PLAN FOR THE GRACE FARMS PUD; PROVIDING AN EFFECTIVE DATE; 4/15/2014 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON LAND USE & ZONING: November 18, 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 - Boyer, Holt, Joost, Love, Redman, ( 5 )

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3.    2014-268   AN ORDINANCE ADOPTING A LARGE-SCALE AMENDMENT TO THE FUTURE LAND USE MAP SERIES OF THE 2030 COMPREHENSIVE PLAN BY CHANGING THE FUTURE LAND USE DESIGNATION FROM PUBLIC BUILDINGS AND FACILITIES (PBF) TO LOW DENSITY RESIDENTIAL (LDR) ON APPROXIMATELY 37.40  ACRES OF LAND LOCATED IN COUNCIL DISTRICT 5 ON SUNBEAM ROAD BETWEEN OLD KINGS ROAD SOUTH AND SAN JOSE BOULEVARD AND OWNED BY JAXSON BROWN, INC., AS MORE PARTICULARLY DESCRIBED HEREIN, PURSUANT TO APPLICATION NUMBER 2013G-001; PROVIDING AN EFFECTIVE DATE; 5/6/2014 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON LAND USE & ZONING: November 18, 2014

 

Recommend  to WITHDRAW.

 

AYES - Boyer, Holt, Joost, Love, Redman, ( 5 )

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4.    2014-269   AN ORDINANCE REZONING APPROXIMATELY 37.40  ACRES OF LAND LOCATED IN COUNCIL DISTRICT 5 ON SUNBEAM ROAD OLD KINGS ROAD SOUTH AND SAN JOSE BOULEVARD (A PORTION OF R.E. NO(S). 149039-0000), AND OWNED BY JAXSON BROWN, INC., AS DESCRIBED HEREIN, FROM PUD (PLANNED UNIT DEVELOPMENT) DISTRICT TO PUD (PLANNED UNIT DEVELOPMENT) DISTRICT, AS DEFINED AND CLASSIFIED UNDER THE ZONING CODE, TO PERMIT A RESIDENTIAL SUBDIVISION WITH UP TO 135 DWELLING UNITS, AS DESCRIBED IN THE WRITTEN DESCRIPTION AND SITE PLAN FOR THE SUNBEAM SINGLE FAMILY PUD, PURSUANT TO FUTURE LAND USE MAP SERIES (FLUMS) LARGE-SCALE AMENDMENT APPLICATION NUMBER 2013G-001; PROVIDING AN EFFECTIVE DATE; 5/6/2014 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON LAND USE & ZONING: November 18, 2014

 

Recommend  to WITHDRAW.

 

AYES - Boyer, Holt, Joost, Love, Redman, ( 5 )

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5.    2014-680   AN ORDINANCE CONCERNING SIGN WAIVER APPLICATION SW-14-11 FOR A SIGN LOCATED IN COUNCIL DISTRICT 5 AT 8313 WESTERN WAY, BETWEEN WESTERN LAKE DRIVE AND BAYMEADOWS ROAD (R.E. NO. 148633-0060) AS DESCRIBED HEREIN, OWNED BY COMPASS ROSE FOUNDATION, INC., REQUESTING TO REDUCE THE MINIMUM DISTANCE BETWEEN PYLON SIGNS FROM 200 FEET TO 170 FEET IN ZONING DISTRICT INDUSTRIAL BUSINESS PARK (IBP), 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; 10/21/2014 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON LAND USE & ZONING: November 18, 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 to Grant the Waiver.

 

AYES - Boyer, Holt, Joost, Love, Redman, ( 5 )

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6.    2014-716   AN ORDINANCE CONCERNING THE REGULATION OF OFF-SITE COMMERCIAL SIGNS; CITY COUNCIL EXERCISING ITS COUNCIL POWERS AS THE GOVERNING BODY OF DUVAL COUNTY, FLORIDA; APPROVING THE SETTLEMENT OF PENDING LITIGATION BETWEEN SCENIC JACKSONVILLE, INC., CLEAR CHANNEL OUTDOOR, INC., AND THE CITY OF JACKSONVILLE REGARDING OFF-SITE COMMERCIAL SIGNS; APPROVING, AUTHORIZING AND DIRECTING THE MAYOR AND THE CORPORATION SECRETARY TO EXECUTE A SETTLEMENT AGREEMENT BY AND AMONG THE CITY OF JACKSONVILLE, SCENIC JACKSONVILLE, INC., AND CLEAR CHANNEL OUTDOOR, INC.; AUTHORIZING THE OFFICE OF GENERAL COUNSEL TO TAKE ALL FURTHER ACTIONS TO SETTLE AND CONCLUDE THE LAWSUIT; AMENDING SECTION 614.142 (UNLAWFUL SIGN MESSAGES), CHAPTER 614 (PUBLIC ORDER AND SAFETY), ORDINANCE CODE, TO PROVIDE AN EXEMPTION FOR OFF-SITE COMMERCIAL SIGNS SUBJECT TO A SETTLEMENT AGREEMENT; AMENDING CHAPTER 656 (ZONING CODE), PART 13 (SIGN REGULATIONS), ORDINANCE CODE, AS DESCRIBED; AMENDING SECTION 656.1309 (UNLAWFUL SIGN MESSAGES), TO PROVIDE FOR AN EXEMPTION FOR OFF-SITE COMMERCIAL SIGNS SUBJECT TO A SETTLEMENT AGREEMENT; CREATING A NEW SECTION 656.1322 (BILLBOARD INVENTORY REGISTRATION SYSTEM) THAT PROVIDES FOR AND REQUIRES A UNIFORM BILLBOARD INVENTORY REGISTRATION SYSTEM; AMENDING SECTION 30.204 (FUNCTIONS), CHAPTER 30 (PLANNING AND DEVELOPMENT DEPARTMENT), PART 2 (PLANNING COMMISSION), ORDINANCE CODE, TO ADD A NEW SUBSECTION (K) TO ALLOW FOR ANY OFF-SITE COMMERCIAL BILLBOARD FINAL ACTIONS TAKEN BY THE BUILDING INSPECTION DIVISION TO BE APPEALED TO PLANNING COMMISSION; AMENDING SECTION 23.06, PART A (CHARTER LAWS; CHARTER OF THE CITY OF JACKSONVILLE, FLORIDA), ARTICLE 23 (OFFSITE COMMERCIAL BILLBOARD BAN) TO PROVIDE FOR A PRIVATE CAUSE OF ACTION REGARDING UNREGISTERED BILLBOARDS; WAIVING SECTION 656.129 (ADVISORY RECOMMENDATION ON AMENDMENT TO ZONING CODE OR REZONING OF LAND), PART 1 (GENERAL PROVISIONS), SUBPART C (PROCEDURES FOR REZONING AND AMENDMENTS TO THE ZONING CODE), CHAPTER 656 (ZONING CODE); WAIVING THE ENFORCEMENT OF VARIOUS SIGN REGULATIONS INCLUDING PROVISIONS OF THE CITY CHARTER, THE ORDINANCE CODE, AND ANY OTHER PROVISION OF JACKSONVILLE LAW WHICH CONFLICT WITH ANY TERM OF THE SETTLEMENT AGREEMENT; PROVIDING AN EFFECTIVE DATE; 11/5/2014 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON RULES: November 17, 2014

 

Recommend to AMEND and  APPROVE.

 

 

 

REPORT OF THE COMMITTEE ON LAND USE & ZONING: November 18, 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 - Boyer, Holt, Joost, Love, Redman, ( 5 )

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7.    2014-717   AN ORDINANCE CONCERNING THE REGULATION OF OFF-SITE COMMERCIAL SIGNS; CITY COUNCIL EXERCISING ITS COUNCIL POWERS AS THE GOVERNING BODY OF DUVAL COUNTY, FLORIDA; APPROVING THE SETTLEMENT OF PENDING LITIGATION BETWEEN SCENIC JACKSONVILLE, INC., CBS OUTDOOR, LLC, AND THE CITY OF JACKSONVILLE REGARDING OFF-SITE COMMERCIAL SIGNS; APPROVING, AUTHORIZING AND DIRECTING THE MAYOR AND THE CORPORATION SECRETARY TO EXECUTE A SETTLEMENT AGREEMENT BY AND AMONG THE CITY OF JACKSONVILLE, SCENIC JACKSONVILLE, INC., AND CBS OUTDOOR, LLC, ; AUTHORIZING THE OFFICE OF GENERAL COUNSEL TO TAKE ALL FURTHER ACTIONS TO SETTLE AND CONCLUDE THE LAWSUIT; AMENDING SECTION 614.142 (UNLAWFUL SIGN MESSAGES), CHAPTER 614 (PUBLIC ORDER AND SAFETY), ORDINANCE CODE, TO PROVIDE AN EXEMPTION FOR OFF-SITE COMMERCIAL SIGNS SUBJECT TO A SETTLEMENT AGREEMENT; AMENDING CHAPTER 656 (ZONING CODE), PART 13 (SIGN REGULATIONS), ORDINANCE CODE, AS DESCRIBED; AMENDING SECTION 656.1309 (UNLAWFUL SIGN MESSAGES), TO PROVIDE FOR AN EXEMPTION FOR OFF-SITE COMMERCIAL SIGNS SUBJECT TO A SETTLEMENT AGREEMENT; WAIVING SECTION 656.129 (ADVISORY RECOMMENDATION ON AMENDMENT TO ZONING CODE OR REZONING OF LAND), PART 1 (GENERAL PROVISIONS), SUBPART C (PROCEDURES FOR REZONING AND AMENDMENTS TO THE ZONING CODE), CHAPTER 656 (ZONING CODE); WAIVING THE ENFORCEMENT OF VARIOUS SIGN REGULATIONS INCLUDING PROVISIONS OF THE CITY CHARTER, THE ORDINANCE CODE, AND ANY OTHER PROVISION OF JACKSONVILLE LAW WHICH CONFLICT WITH ANY TERM OF THE SETTLEMENT AGREEMENT; PROVIDING AN EFFECTIVE DATE; 11/5/2014 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON RULES: November 17, 2014

 

Recommend to AMEND and  APPROVE.

 

 

 

REPORT OF THE COMMITTEE ON LAND USE & ZONING: November 18, 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 - Boyer, Holt, Joost, Love, Redman, ( 5 )

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8.    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

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9.    2014-725   AN ORDINANCE REZONING APPROXIMATELY 17.22  ACRES LOCATED IN COUNCIL DISTRICT 5 AT 5209 SHAD ROAD BETWEEN HOOD ROAD AND FLORIDA MINING BOULEVARD WEST (R.E. NO(S). 159647-0000) AS DESCRIBED HEREIN, OWNED BY RED APPLE AT MANDARIN, LLC FROM RESIDENTIAL RURAL-ACRE (RR-ACRE) DISTRICT TO PUBLIC BUILDING FACILITIES-2 (PBF-2) 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

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10.    2014-726   AN ORDINANCE REZONING APPROXIMATELY 12.95  ACRES LOCATED IN COUNCIL DISTRICT 4 AT 8680 A C SKINNER PARKWAY BETWEEN SUNSET MARINA DRIVE AND SOUTHSIDE BOULEVARD (R.E. NO(S). 147982-8810) AS DESCRIBED HEREIN, OWNED BY RED APPLE AT SOUTHSIDE, LLC FROM COMMERCIAL RESIDENTIAL OFFICE (CRO) DISTRICT TO  PUBLIC BUILDING FACILITIES-2 (PBF-2) 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

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11.    2014-727   AN ORDINANCE CONCERNING SIGN WAIVER APPLICATION SW-14-09 FOR A SIGN LOCATED IN COUNCIL DISTRICT 4 AT 5910 ATLANTIC BOULEVARD BETWEEN ATLANTIC BOULEVARD AND ATLANTIC UNIVERSITY CIRCLE (R.E. NO. 134045-0000) AS DESCRIBED HEREIN, OWNED BY ANTORA, INC., REQUESTING TO REDUCE THE MINIMUM SETBACK FROM 10 FEET TO 4 FEET IN ZONING DISTRICT COMMERCIAL COMMUNITY/GENERAL-1 (CCG-1), 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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12.    2014-728   AN ORDINANCE CONCERNING SIGN WAIVER APPLICATION SW-14-12 FOR A SIGN LOCATED IN COUNCIL DISTRICT 5 AT 3535 HENDRICKS AVENUE BETWEEN SHERIDAN STREET AND HENDRICKS AVENUE (R.E. NO. 083011-0000) AS DESCRIBED HEREIN, OWNED BY MATTHEW AND KAREN CARLUCCI, REQUESTING TO REDUCE THE MINIMUM SETBACK FROM 10 FEET TO 5.5 FEET IN ZONING DISTRICT PLANNED UNIT DEVELOPMENT (PUD), PURSUANT TO ORDINANCE 2004-1104-E, 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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13.    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

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