OFFICE OF THE CITY COUNCIL

 

CHERYL L. BROWN                                                                                                         117 WEST DUVAL STREET, SUITE 425

            DIRECTOR                                                                                                                                                                                 4TH FLOOR, CITY HALL

   OFFICE (904) 630-1452                                                                                                                                                          JACKSONVILLE, FLORIDA  32202

     FAX (904) 630-2906                                                                                                                                                                                                              

  E-MAIL: CLBROWN@coj.net

 

 

LUZ COMMITTEE WORKSHOP MINUTES

 

February 19, 2014

4:30 p.m.

 

City Council Chamber

1st floor, City Hall

117 West Duval Street

 

Attendance:  Council Members Lori Boyer (Chair), Matt Schellenberg, Bill Bishop, Don Redman

 

Also: Gary Kresel, Folks Huxford and Stephen Smith – Planning and Development Department; Jason Gabriel – Office of General Counsel; Philip Zamarron – Legislative Services Division; Yvonne Mitchell – City Council Research

 

Chairwoman Boyer called the meeting to order at 4:36 p.m.

 

Proposed Legislation on Through Lots

Mr. Huxford reported the proposal is not to penalize home owners who live in subdivisions that back up collector roadways or arterials and allow residents to use the back of their homes as back yard as oppose to calling it a front yard.  Mr. Gabriel reported that language written has been adjusted to provide clarity.  This bill is only for lots developed for single family dwelling.  Additionally, there should not be any driveway access along the collector or higher and the single family dwelling must face the local road. Mr. Huxford confirmed that the change in definition of Through Lots addresses all scenarios as previously discussed.

 

Motion/2nd to submit legislation as a committee sponsored bill. (Schellenberg/Redman)

Approved

 

Fair Share Agreements

Mr. Smith reported that if a valid contract has expired it is not eligible for an extension. There was reference to a contract that had expired but renewed through State of Emergency by Governor Scott executive order 2012-199 and granted a 240 extension.  This contract would be eligible for an extension.

Mr. Smith explained that zoning is not related to consideration in fair share agreement. The primary focus is consistency with comprehensive plan on a broad perspective the company can move forward. Since implementation, there have been approximately 500 fair agreements. 160-180 agreements are active and unpaid.  There are numerous agreements that have either receive partial payment or expired. The term length of the agreements range is 7-10 years.  Many companies have with completed full or partial termination of contract during this wavier period in order to develop their parcel under the Mobility Fee Waiver. CM Boyer commented that consideration should be given to revising fair share contracts because currently any money generated must be deposited in fair share sector accounts which are not accumulating funds with establishment of Mobility accounts. Fair Share Sector account balances vary depending on the projects.  Sector 3.1 has $468,000 and funds may be used for roadway improvements within this Sector only.

 

Federal Court Decision on Night Club Issue

Mr. Gabriel explained that since 2007 City has permitted Dancing Entertainment establishments not serving alcohol by right in CCG-1. Dancing Entertainment establishments serving alcohol may be allowed with approval by exception. In November, E-13-44 was denied Planning Commission for Dancing Entertainment serving alcohol. The applicant appealed decision directly with Federal Court citing Constitutional issues.

 

A preliminary injunction was issued by the Court on Feb 14th stating the Constitutionality hinges on how narrowly or broad the definition is construed as written in the Zoning Code. He read the current definition and explained that it lacked the term exotic dancing or its rubric.  The injunction strikes the definition and certain sections from the 2007 Ordinance. In the interim, OGC has filed a notice of appeal to the 11th Circuit and motion for stay will essentially stay the proceedings to maintain status quo until the appeals process is completed. Mr. Gabriel reported appeals involving Constitutional issues are usually on a more expedited track.  He will attempt to get additional information about the timing.

 

Mr. Gabriel stated that the court has allowed a provision for the City to revise language in legislation. CM Boyer requested clarity from OGC regarding direction of City until legislation is passed and whether individuals will acquire grandfather rights in the interim period.  

 

There being no further business, the agenda meeting was adjourned at 5:04 p.m.

 

 

Yvonne P. Mitchell, Council Research Division (904) 630-1679

 

Posted 2.26.14

1:00 p.m.