LAND USE & ZONING COMMITTEE

 

MINUTES OF THE REGULAR MEETING

 

November 05,2014

 

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 05,2014.  The meeting was called to order at 5:06 P.M. by Committee Chair Ray Holt.  The meeting adjourned at 5:28 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 - Ecxused                                                                     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                                                                                  Steve Smith & Gary Kresel, Planning

                                                                                                                        Kenneth Browning, Sgt-At-Arms

           

  

 

Others in Attendance:

 

 

 

1.    2014-649   AN ORDINANCE CONCERNING WAIVER OF MINIMUM ROAD FRONTAGE APPLICATION WRF-14-12 LOCATED IN COUNCIL DISTRICT 12 AT 1198 HALSEMA ROAD SOUTH BETWEEN HALSEMA ROAD SOUTH AND CECIL COMMERCE CENTER PARKWAY (R.E. NO. 001931-0030) AS DESCRIBED HEREIN, OWNED BY CHRISTOPHER PAUL STEPHENS, REQUESTING TO REDUCE THE MINIMUM ROAD FRONTAGE REQUIREMENTS FROM 80 FEET TO 0 FEET IN ZONING DISTRICT RESIDENTIAL RURAL (RR), 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; 10/7/2014 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON LAND USE & ZONING: November 05, 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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2.    2014-490   AN ORDINANCE GRANTING AN EXCEPTION FROM SECTION 656.1009 (EDUCATIONAL FACILITIES), ORDINANCE CODE, TO PERMIT A NEW EDUCATIONAL FACILITY ON PROPERTY LOCATED ON ATLANTIC BOULEVARD, BETWEEN KERNAN BOULEVARD SOUTH AND GIRVIN ROAD (REAL ESTATE NUMBER 165265-0400), OWNED BY CITY NATIONAL BANK OF MIAMI, TRUST, C/O GEORGE H. HODGES, JR., IN COUNCIL DISTRICT 3; PROVIDING FOR AN EFFECTIVE DATE; 8/5/2014 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON RECREATION, COMMUNITY DEVELOPMENT, PUBLIC HEALTH  & SAFETY COMMITTEE: August 19, 2014

 

Recommend to APPROVE.

 

REPORT OF THE COMMITTEE ON LAND USE & ZONING: November 05, 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 SUB and REREFER to the Committee(s).

 

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

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3.    2014-552   AN ORDINANCE AMENDING SECTION 656.401(e) (CARE CENTERS/DAY CARE CENTERS), SUBPART A (PERFORMANCE STANDARDS AND DEVELOPMENT CRITERIA), PART 4 (SUPPLEMENTARY REGULATIONS), CHAPTER 656 (ZONING CODE), ORDINANCE CODE TO PROHIBIT CHILD CARE FACILITIES ESTABLISHED AFTER OCTOBER 1, 2014 FROM LOCATING WITHIN 2,500 FEET OF A REGISTERED SEXUAL PREDATOR RESIDENCE; PROVIDING AN EFFECTIVE DATE; 8/19/2014 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON LAND USE & ZONING: November 05, 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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4.    2014-647   AN ORDINANCE REZONING APPROXIMATELY 37.73  ACRES LOCATED IN COUNCIL DISTRICT 13 AT 0 R. G. SKINNER PARKWAY (A PORTION OF R.E. NO(S). 167779-0025) AS DESCRIBED HEREIN, OWNED BY ESTUARY, LLC FROM RESIDENTIAL RURAL-ACRE (RR-ACRE) DISTRICT TO RESIDENTIAL LOW DENSITY-40 (RLD-40) 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; 10/7/2014 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON LAND USE & ZONING: November 05, 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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5.    2014-648   AN ORDINANCE REZONING APPROXIMATELY 3.90  ACRES LOCATED IN COUNCIL DISTRICT 6 AT 0 BRADY ROAD BETWEEN LORRIE LYNN LANE AND BRADY MANOR WAY (R.E. NO(S). 105720-0000 AND 105720-0100) AS DESCRIBED HEREIN, OWNED BY EDWARD DONALD SCOTT TRUST FROM RESIDENTIAL RURAL-ACRE (RR-ACRE) DISTRICT TO  RERSIDENTIAL LOW DENSITY-80 (RLD-80) 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; 10/7/2014 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON LAND USE & ZONING: November 05, 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, Joost, Love, Redman, ( 5 )

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6.    2014-663   AN ORDINANCE REZONING APPROXIMATELY 14.76  ACRES LOCATED IN COUNCIL DISTRICT 4 AT 0 J. TURNER BUTLER BOULEVARD BETWEEN J. TURNER BUTLER BOULEVARD AND A. C. SKINNER PARKWAY (R.E NO(S) 154247-0100 AND 147983-0035), AS DESCRIBED HEREIN OWNED BY SWQ HOLDINGS, INC., SOUTHEAST PROPERTIES, INC. AND SOUTHWEST QUADRANT JOINT VENTURE, FROM COMMERCIAL COMMUNITY/GENERAL-1 (CCG-1) DISTRICT TO PLANNED UNIT DEVELOPMENT (PUD) DISTRICT, AS DEFINED AND CLASSIFIED UNDER THE ZONING CODE, TO PERMIT A MAXIMUM OF THREE HUNDRED (300) MULTIFAMILY DWELLING UNITS AS DESCRIBED IN THE APPROVED WRITTEN DESCRIPTION AND SITE PLAN FOR THE LORREE WEST 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; 10/7/2014 - Read 2nd & Rerefer

 

REPORT OF THE COMMITTEE ON LAND USE & ZONING: November 05, 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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2ND READINGS

 

7.    2014-696   AN ORDINANCE REZONING APPROXIMATELY 0.25  OF AN ACRE LOCATED IN COUNCIL DISTRICT 9 AT 3515 ROSSELLE STREET NEAR PHYLLIS STREET AND NELSON STREET (R.E. NO(S). 078933-0000) AS DESCRIBED HEREIN, OWNED BY BETH GIBBS, LLC FROM RESIDENTIAL MEDIUM DENSITY-A (RMD-A) DISTRICT TO RESIDENTIAL MEDIUM DENSITY-B (RMD-B) 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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8.    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

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9.    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

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10.    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

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11.    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

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12.    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

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