ORDINANCE E

Transcription

1 Amended 11/23/04 Introduced by the Land Use and Zoning Committee: ORDINANCE E AN ORDINANCE REZONING APPROXIMATELY ACRES LOCATED IN COUNCIL DISTRICT 6 ON SAN JOSE BOULEVARD BETWEEN CROWN POINT ROAD AND KORI ROAD (R.E. NO OOOO), AS DESCRIBED HEREIN, OWNED BY C.P. KENNINGTON, TRUSTEE, FROM PUD (PLANNED UNIT DEVELOPMENT) DISTRICT, PURSUANT TO ORDINANCE E, TO PUD (PLANNED UNIT DEVELOPMENT) DISTRICT, AS DEFINED AND CLASSIFIED UNDER THE ZONING CODE, TO ALLOW A 15,000 SQUARE FOOT RETAIL PIANO STORE, AS DESCRIBED IN THE APPROVED WRITTEN DESCRIPTION AND SITE PLAN FOR THE PIANO STORE PUD; PROVIDING AN EFFECTIVE DATE. WHEREAS, C.P. Kennington, Trustee, the owner of approximately acres located in Council District 6 on San Jose Boulevard between Crown Point Road and Kori Road (R.E. No ). as more particularly described in Exhibit 1, attached hereto and incorporated herein by this reference ("Subject Property"), has applied for a rezoning and reclassification of that property from PUD (Planned Unit Development) District, pursuant to Ordinance E, to PUD (Planned Unit Development) District, as described in Section 1 below; and WHEREAS, the Planning Commission has considered the application and has rendered an advisory opinion; and WHEREAS, the Land Use and Zoning Committee, after due notice and public hearing, has made its recommendation to the Council; and

2 ' Amended 11/23/04 I WHEREAS, the Council finds that such rezoning is: (1) consistent with the 2010 Comprehensive Plan; (2) furthers the goals, objectives and policies of the 2010 Comprehensive Plan; and (3) is not in conflict with any portion of the City's land use regulations; and WHEREAS, the Council finds the proposed rezoning does not adversely affect the orderly development of the City as embodied in the Zoning Code; will not adversely affect the health and safety of residents in the area; will not be detrimental to the natural environment or to the use or development of the adjacent properties in the general neighborhood; and will accomplish the objectives and meet the standards of Section (Planned Unit Development) of the Zoning Code; now therefore BE IT ORDAINED by the Council of the City of Jacksonville: Section 1. Property Rezoned. The Subject Property is hereby rezoned and reclassified from PUD (Planned Unit Development) District, pursuant to Ordinance E, to PUD (Planned Unit Development) District, as shown and described in the approved site plan dated October 5, 2004, and written description dated August 12, 2004, for the Piano Store PUD. The PUD district for the Subject Property shall generally consist of a 15,000 square foot retail piano store, all as more specifically shown and described in the approved Piano Store PUD site plan and written description, both on file as Exhibit 2 in the City Council Legislative Services.. i Division. Section 2. Rezoning Approved Subject to Conditions. This rezoning is approved subject to and the Subject Property shall be developed in accordance with the following conditions: (a) The effects of lightlng on adjoining property owners shall be minimized by directional lighting fixtures (shoebox design wlth full cutoffs) designed to cast illumination downward and

3 Amended 11/23/04 within the site rather than broad area illumination. Light poles shall be a maximum of 15 feet in height. A lighting plan shall be submitted for the review and approval of the Planning and Development Department. (b) The building shall have a pitched roof (gable, hip, for example) and all facades facing single-family residential zoning or uses, shall contain projections or additional landscaping immediately abutting the building, subject to the review and approval by the Planning and Development Department, or as otherwise approved by the Planning and Development Department. (c) The development shall proceed in accordance with the Traffic Engineering Division Memorandum dated November 1, 2004, and attached hereto as Exhibit 3, or as otherwise approved by the Traffic Engineer and the Planning and Development Department. (d) The developer shall install an aerator in the retention pond to limit the growth of mosquito larvae. Section 3. Owner and Description. The Subject Property is owned by C.P. Kennington, Trustee, and described in Exhibit 1. The agent listed in the application is L. Charles Mann with an address of 165 Arlington Road, Jacksonville, Florida and a telephone number of (904) Section 4. Effective Date. The adoption of this ordinance shall be deemed to constitute a quasi-judicial action of the City Council and shall become effective upon signature by the Council President and the Council Secretary. / /office of General Counsel Legislation Prepared By Shannon K. Scheffer 11/23/04 G:\shared\LEGIS.CC\2004\ord\PUD\ E.doc - 3 -

4 -. ~ - EXHIBIT E PUD Written Description PIANO STORE PUD Date: August 12,2004 Requested Zoning District: P.U.D. Development Number: C.C.A.S. Number: (Applied For) Real Estate Number: I. SUMMARY DESCRIPTION OF THE PLAN The subject property, hereafter referred to as the "Property", is identified as Real Estate Number on Panel The owner of the property is Pauline Kennington. The property is to be developed by Keyboard Connection, Inc. The purpose of this Planned Unit Development (PUD) is to allow for a one-story, 15,000 square foot retail piano store. The subject Property contains approximately 2.87 acres and is located on the west side of San Jose Boulevard, between Crown Point Road and Kori Road. The property currently has two (2) Land Use Designations, Community General Commercial (CGC) and Business Park (BP). If the subject PUD is approved it will be consistent with the Comprehensive Plan. 2. PUD DEVELOPMENT CRITERIA As shown on the Conceptual Site Plan Exhibit F (subject to change), a more detailed Site Plan shall be provided at the time of sketch plan review. A description of the permissible uses and the design criteria for the PUD is contained in Section B - Description of Uses. a. Summary of Development Information Total gross acreage Total number of commercial units Total enclosed square footage of units Maximum building height Minimum lot size -- Total number of residential units 2.87 acres ,000 square feet 35 feet Not less than 2 acres N/A Page 8 of 17 Page I of 7

5 .- b. Description of Development and Design Criteria: I. Permitted uses and structures: The site will be developed for a retail piano store that will include the sale of new and used musical instruments, the.." storage and warehousing of new and used musical instruments, the i assembl Y and repair of musical instruments, and the ~L;r,g of music lessons. i n addition, all other uses allowed in the Industrial Business Park-ll (IBF 1-!I\.,, Zoning Category as defined in Subpart II of the Ordi nance C :ode, either by right or by exception will be allowed by exception if approve,d by the appropriate governing body. ii. iii. Building: The building will be one-story and contain square feet. Minimum Lot Requirements: Front None Sides None Rear None 2 than I! iv. Maximum lot coverage: NIA v. Maximum height of structure: Thirty-five (35) laat vi. Minimum distance between buildings: Ten (10) feet vii. Minimum lot size: N/A 3. OVERALL DEVELOPMENT a. Consistency with Comprehensive Plan: The current Lana use is CGC and BP. The retail store will be located in the BP Land Use portion of the property. In the IBP-ll Zoning District, retail sales are allowed by exception Storage and assemblage is allowed by right. If the subject PUD is approved, the property will be consistent with the Comprehensive Plan. b. Consistency with the Concurrency Management System: Tne r.u.o. will satisfy all concurrency requirements. Jacksonville Electric Authority will provide electric power, water, and sewer services. A Conditional Capacity Assessment Statement (CCAS) has been applied for. c. Uses of Property: Previously defined in "B" - Description of Uses, Subpart (i) d. Impact on Wetlands: Any development of wetlands will meet the approval of all governing governmental agencies. Page " / f 17 Page 2 of 7

6 e. Lighting: If the facilities are lighted, lighting shall be designed and installed so as to prevent glare or excessive light on adjacent property. No source of illumination shall be allowed if such source of illumination would be visible from a residentially zoned district to the extent that it interfered with the residential use of that area. No light pole or support shall be more than 4 feet above the ground in the rear of the building. f. Off-street Parking and Loading Requirements: The PUD will meet the parking and loading requirements as defined in the Jacksonville Zoning Code Part 6, Subparts and g. Pedestrian Circulating System: The access easement will be upgraded to include pedestrian circulation throughout the proposed development in accordance with the city's standard subdivision regulations and the 2010 Comprehensive Plan. The sidewalks from the development will connect with the existing sidewalks along San Jose Boulevard. The main entrance road design will by two lanes with a maximum of 36 feet and will be subject to review and approval of the Traffic Engineer of the City of Jacksonville. h. Signage: There will be a double-faced identification sign located on San Jose Boulevard on the access right-of-way. Said sign will be a monument sign not over 15 feet high. Each sign face will be a maximum of 100 square feet. The sign may be internally lit. In addition, 10% of the building face (facing San Jose ~oulevard) may be used for signage. Directional and identification signs will be subject to the approval of the Jacksonville Planning and Development Department. i. Vehicle Access: Access to the property will be from San Jose Boulevard by an existing ingresslegress easement. The access easement currently exists and will be shared by the two existing businesses and the piano store. The final Site Plan, depicting the local roadway system design and configuration, shall be submitted at the time of Sketch Plan Review from the Planning Commission. j. Landscaping: Landscaping will in accordance with the requirements set forth in Part 12 of the Zoning Code. k. Truck Access: All truck access will be at the front of the building. I. Development Colors: The colors of the development shall be limited to taupe, tans, and browns, or other earth tones as approved by the Planning Department for the City of Jacksonville. m. Storm Water Retention: Storm water will be treated in accordance with the surface water runoff requirements of any state or local agency with jurisdiction, including the St. Johns River Water Management District. The Site Plan Exhibit F depicts the general location of the retention area. This retention area will be located in the Conservation Easement. as denoted on Exhibit K. Said retention Page 10 of 1 7 Page 3 of 7

7 -.. area shall be aerated. Relocation of such retention areas is ~ermitted uvurl ~~nal design and approval of the permitting agency. n. Utilities: Jacksonville Electric Authority will provide all uullues m Lrle oruuerty. o. Concurre,lcy: A Conditional Capacity Availability State CAS) hz IS been., ~ applied for to the Concurrency Management System Off~ce ana me ~ ~ r y Development Number is p. Phasing: The project will be completed in one phase ana IS esrlmatea ro rake a maximum of one year to develop the entire PUD. q. Hours of Operation: Hours of operation shall be limitea rrom 8:uu am to a:uu pm, Monday through Saturday; Sunday from 12:OO pm t r. Access: Access to the property afler business hours by the general publlc will be prohibited. Fencing and gates or other methods that meet th~ e appro\ ~al of the Jacksonville Planning and Development Department will control this. Hc ~wever, there will be allowances for emergencies or police vehicles to have access to the property at all hours. s. Buffering: In addition to meeting the buffering requirements of the Jacksonville Zoning Code Part 12 Exhibits K, L, M, and 0 will be ma( le a con dition of this application. t. Distance from Residential Properties: The subject bt ill be placed a minimum of 250 feet from the northwest corner of the propeny and a minimum of 110 feet from the southwest corner of the property as denoted on Exhibit SUCCESSORS IN TITLE All successors in title to the property, or any portion of the property, shall be bound to all the development standards and conditions of this P.U.D., as contained herein and in the Ordinance approving the same. 5. JUSTIFICATION FOR PLANNED UNIT DEVELOPMENT The project design is in harmony with the general purpose and intent of the City of Jacksonville Zoning Code. The proposed project is compatible with similar communities in the area and the design and layout of the P.Y.D. 1. Allows for a creative approach through the use of natural features of the site with existing vegetation and existing TOPO; Page 11, / 7 Page A of 7 I

8 2. Provides a more desirable environment than would be possible through strict application of the minimum requirements of the Zoning Code by creating more buffers, landscaping, recreation and open space than would be required through a straight zoning;?. Allows for an effective use of land, resulting in lower development costs; 4. Provides an environment that is characteristic of the surrounding areas; 5. Supports the retention of properly values by providing needed services and support for the surrounding residential and businesses in the area; 6. Enhances the appearance of the area through preservation of natural features, vegetation and by using existing TOP0 and grade in order to develop the project; and 7. Provides for the provisions of recreation areas and open spaces in excess of the existing Zoning and Comprehensive Plan requirements. Page 12 or 1-t Page 5 of?

9 SUPPLEMENTAL INFORMATION DEVELOPMENT NUMBER Existing Site Characteristics: The site is basically flat. There are little variations in elevation. The site is currently vacant and undeveloped. The intent is to develop an office park facility with a maximum of eleven (1) building and 15,000 square feet of building area. The proposed commercial site will meet the Comprehensive Plan and the following development standards and criteria: a. Gross acreage: acres 100% I b. Land Use: PI 100% c. Maximum number of dwelling units: NIA I d. Maximum amouat of required active recreation/open space: N/A e. Passive open space: NIA I f. Amount of public and private right-of-way: NIA g. Maximum coverage of building and structures at ground level: 35% 2. Existing and Proposed Qehicular Circulation System, Pedestrian Circulation System, and Point of lngress and Egress: A proposed driveway off a City of Jacksonville road circulation system will serve the site. lngress and egress to the site will be by one main access point from San Jose Boulevard. The existing drive is a minimum of 24 feet wide. The internal traffic circulation on the site is as per the attached Site Plan Exhibit F. The internal roadway will include pedestrian circulation throughout the proposed development in accordance with the Jacksonville's standard subdivision regulations and the 2010 Comprehensive Plan. 3. Site Plan and Traffic Layout: The Site Plan and Traffic Layout is attached and marked Exhibit F. 4. Written Description: A Written Description marked Exhibit E is attached to serve as explanation for the scope of our application. Page L-3 of 17 Page & of 7'

10 a. Criteria for Review 1. Consistency with the Comprehensive Plan: The currel,,,,,, Jse is BP. With the approval of the PUD, the project will be consistent with the hensive Plan..A a 2. Consistency with the Concurrency Management System: LLAZI nas Deen applied for to the City of Jacksonville Concurrency Management Office. The Development Number is Allocation of Residential Land Use: NIA 5. Internal Compatibility a. Streetscape: The subject site will meet or exceed the lar ldscape requiren nent, to include addition, as noted in Part 12 of the Zoning Code fc )r the Cii ty of Jac ksonville. b. Recreation areas and open spaces: NIA c. Landscape: The site will meet or exceed Part 12 of the Zoning C ode. d. Pedestrian way: All as required by the Traffic Engineer ()r as shc )wn in E: xhibit F. e. Focal Point and vistas: entrance signage and entrance f. Topographic, physical environment and natural features: I ne site is basically flat. g. Traffic and pedestrian circulation: As noted on the Site Plan Exhibit F. h. Building setbacks and buffering: As noted in the Written Description Exhibit E, meeting performance standards of office park. i. Use and variety of building groupings: There will one (1) one-story building and a maximum of 15,000 square feet. j. Separation and buffering of vehicular use area: As per the attached Exhibits k. Variety and design of dwelling types: NIA I. Land Use proposed and conditions and limitations thereon: This is denoted in the Written Descriotion Exhibit E and the P.U.D. Uses and Restrictions. m. Form of ownership: Fee Simple Ownership Page / 4 of 1 7 Page 7 of '7

11 n. Compatible in a mixed-use project: This P.U.D. will allow for a retail piano store with related services. 6. External C~m~dtibility a. Uses on or near the perimeter of P.U.D: North: multi-family) South: commercial storage East: commercial service West: single-family residential (LDR) b. Type, number and location of surrounding external uses: The site is located in a commercial corridor, which provides for a variety uses. c. Other factors: N/A 7. Intensity of Development a. Location of various proposed uses: The subject P.U.D is a Single Use to allow for professional office. b. Protection provided for the safety, habitability and privacy of surrounding land: The landscaping, berming, or fencing will provide visual screening and beautification of the site. Regard for vehicular traffic will be used in planning the landscaping. Improving values and aesthetics in the area. c. Existing residential density: N/A d. Utility service: Water and sewer to our project will be provided by JEA. e. Energy-saving techniques: The subject building will be build to the current energy codes. f. Environmental hazards: N/A g. Access to and suitability of transportation arteries: The site is located contiguous San Jose Boulevard and will be served by the City of Jacksonville and FDOT maintained streets. h. Impact on wetlands: Wetlands are noted within the parcel boundary. i. Listed species regulations: No listed species are known to habitat the site. Page 15 of 17 Page fi of q

12 j. Off-street parking: All required parking will be on site as ~ ethe r attached Site Plan Exhibit F and per the requirements for the Zoning Di k. Sidewalks, trails and bikeways: Sidewalks will be installea lnrernallv as oer the requirement of the City of Jacksonville Traffic Engineer ar id will cc existing sidewalks. Page /& of 1 7 page 7 of q ~~

13 EXHIBIT F Site Plan Page 1 I of 17