Notice of Public Hearings for Proposed Land Use Change

Transcription

1 Planning and Development Department Community Planning Division 214 North Hogan Street Ed Ball Building, Suite 300 Jacksonville, Florida Council Legislative Services Division Jacksonville City Council City Hall at St. James Building 4th Floor, 117 West Duval Street Jacksonville, Florida Notice of Public Hearings for Proposed Land Use Change Land Use Application Number: 2016C-033 A request to amend the Future Land Use Map of the 2030 Comprehensive Plan and a companion rezoning has been filed with the City of Jacksonville Planning and Development Department regarding property located within 350 feet of your property (see attached location map). Information regarding the proposed change is detailed below. Property Location: 0 SAN JOSE BLVD General Location: SAN JOSE BLVD JUST SOUTH OF THE NEW DUNKIN DONUTS Applicant: ROSS GLASS 104 GENESIS PKWY THOMASVILLE, GA Land Use Ordinance #: Rezoning Ordinance #: Date Filed: December 20, 2016 Land Use Acreage: 1.49 acres Zoning Acreage: 1.49 acres Development Area: URBAN AREA Current Land Use Category: RPI Current Zoning District: PUD Proposed Land Use Category: CGC Proposed Zoning District: PUD See reverse side for additional information

2 Scheduled Public Meeting and Public Hearing Dates Dates subject to change if additional information is needed or if the proposed amendment is deferred. Citizen Informational Meeting: Department Staff Recommendation Report Available: 4/14/17 Planning Commission's LPA Public Hearing: City Council's 1st Public Hearing: Land Use and Zoning (LUZ) Committee's Public Hearing: City Council's Final Public Hearing: 4/3/17 at 4 PM 4/20/17 at 1 PM 4/25/17 at 5 PM 5/2/17 at 5:30 PM 5/9/17 at 5 PM Meeting Locations: Citizen Informational Meeting: Ed Ball Building, 214 N. Hogan St., 3 rd Floor Room 3112 Planning Commission Public Hearing: City Hall at St. James Bldg, Council Chambers, 117 W Duval St. City Council and LUZ Public Hearings: City Hall at St. James Bldg, Council Chambers, 117 W Duval St. Additional Information Citizen input may be submitted to the Department prior to the recommendation of the Staff Report. Additional opportunities for citizen input are available at the public hearings. Such input is encouraged. General procedures: City Council public hearings are formal hearings with a three (3) minute limit on speaking and no general discussion. Planning Commission public hearings are considered a public meeting/technical review and advisory recommendation to the Land Use and Zoning Committee (LUZ); speakers are permitted at the discretion of the Chair. Land Use and Zoning Committee public hearings are formal hearings, and all testimony will be heard. LUZ recommends a proposed final action to the full City Council; the Planning and Development Department staff and the applicant/ representative should be present for provision of information needed. The applicant is required to post and maintain signs at intervals of approximately 200 feet along all street sides of land in full view of the public or, if there is no frontage on a public street, on the nearest street right-of-way with a notation indicating the direction and distance to the property subject to the application, within 15 working days after an application has been determined complete by the Department. If signs are not posted, citizens are requested to notify the Department. Copies of the application and Department reports are maintained by the Planning and Development Department and the City Council Division of Legislative Services and are open to public inspection. All interested persons wishing to submit testimony, written comments, or other evidence in this matter should submit same to the City Council Division of Legislative Services and/or appear at the public hearing. Additional information is available at or on the web at CLICK ON: 2016C-033 Planning and Development Department Community Planning Division 214 North Hogan Street, Suite 300 Jacksonville, FL 32202

3 COMMERCIAL This category is primarily intended to provide for all types of commercial retail sales and service establishments and development which includes offices and Multi-family uses. The plan includes five types of commercially dominated land use categories: Residential-Professional- Institutional, Neighborhood Commercial, Community/General Commercial, Regional Commercial, and Central Business District. The principal uses range from a small convenience store, laundry/dry cleaning shop to mixed use development, large shopping centers and multi-story office buildings. Commercial Secondary Uses: Secondary uses permitted in all residential land use categories are also allowed in all commercial land use categories, including schools. In addition, secondary uses having external impacts similar to the primary uses described above are also included. Examples of these uses are: Trade schools and colleges, hospitals, medical centers, clinics, and sanitariums; Museums; Art galleries; Theaters and related uses; Convention, exhibition, trade, and festival facilities and other similar institutional uses; Transit stations; and Off-street parking lots and garages. In addition to the above, the following secondary uses may be permitted subject to the provisions of each commercial land use category: Criminal justice facilities; Transportation terminals and facilities; Stadiums and arenas; Yard waste composting; Dude ranches; Riding academies; Shooting ranges; Commercial fishing or hunting camps; and Fairgrounds. Not all principal or secondary uses stated above are permitted in all commercial land use categories. The intensity and range of uses permitted, in a specific commercial category, are subject to the provisions of this and other elements of the 2030 Comprehensive Plan, and all applicable Land Development Regulations. RESIDENTIAL-PROFESSIONAL-INSTITUTIONAL (RPI) RPI - GENERAL INTENT Residential Professional Institutional (RPI) is a category primarily intended to accommodate medium to high density residential, professional office, and institutional uses. Limited commercial retail and service establishments which serve a diverse set of neighborhoods may also be a part of mixed use developments. RPI is generally intended to provide transitional uses between commercial and residential uses, although it may also provide a transition between industrial and residential uses when industrial uses pose no health or safety risks to residents. Development within the category should be compact and connected and should support multi-modal transportation. All uses should be designed in a manner which emphasizes the use of transit, bicycle, and pedestrian mobility, ease of access between neighboring uses, and compatibility with adjacent residential neighborhoods. Transit- Oriented Developments (TOD), as defined in this element, are encouraged when in close proximity to an existing or planned JTA mass transit system station or Rapid Transit System (RTS). Density, location and mix of uses shall be pursuant to the Development Areas as set forth herein. RPI - GENERAL NEIGHBORHOOD PROTECTION Compatibility with adjacent and abutting residential neighborhoods shall be achieved through the implementation of site design techniques including but not limited to: transitions in uses; buffering; setbacks; the orientation of open space; and graduated height restrictions to affect elements such as height, scale, mass and bulk of structures, pedestrian accessibility, vehicular traffic, circulation, access and parking impacts, landscaping, lighting, noise and odor. In addition, all development on sites which abut a Low Density Residential and/or Rural Residential land use designation shall provide the following: RPI Urban Development Area July 2016 Page 1 of 3

4 A scale transition as defined and illustrated in this element. When developing mixed uses, residential uses, shall be arranged on the site to provide a use transition between new non-residential uses and the protected abutting residential land uses to the greatest extent feasible. Elements such as yards, open space, at-grade parking and perimeter walls shall be arranged, designed and landscaped in a manner compatible with adjacent areas to serve as a visual buffering element. RPI - URBAN AREA (UA) INTENT RPI in the Urban Area is intended to provide compact medium density development. Development which includes medium density residential and professional office uses is preferred. Limited commercial retail and service establishments which serve a diverse set of neighborhoods are also encouraged in order to reduce the number of Vehicles Miles Traveled. Plan amendment requests for new RPI designations are preferred in locations which are supplied with full urban services and in locations which serve as a transition between commercial and residential land uses. RPI - URBAN AREA USES The uses provided herein shall be applicable to all RPI sites within the Urban Area. Principal Uses Multi-family dwellings; Office; Business and Professional Office; Institutional; Large scale institutional uses, which require supporting residential and office components; Commercial retail sales and service establishments limited to 50 percent of the site area; Live/Work Units; Financial institutions; Restaurants (without drive-in or drive-thru facilities); Single Room Occupancies (SROs); Off street parking lots and garages when combined with another principal use; Single-family dwellings which were originally constructed as single-family dwellings prior to adoption of the 2010 Comprehensive Plan; and Uses associated with and developed as an integral component of TOD. An establishment or facility in which beer, wine, or other alcoholic beverages are produced for on-site consumption where production does not exceed 10,000 barrels (310,000 gallons) per year and offsite sales to a state licensed wholesaler do not exceed 75% of production is permissible by PUD only. The aforementioned shall not limit the production of beer, wine or other alcoholic beverages for exclusively on-site consumption in conjunction with an otherwise permissible restaurant or retail sales and service establishment. Single-use developments shall be limited to residential or office. Single use residential developments shall be pursuant to the requirements of the Medium Density Residential (MDR) category. Mixed use developments may not include more than 90 percent of any individual use. Secondary Uses Secondary uses shall be permitted pursuant to the Commercial land use introduction. In addition, the following secondary uses may also be permitted: Single-family dwellings as part of a single-use or mixed used development; Veterinary Offices; and Filling stations. Ancillary Transitional Uses Off street parking facilities; Stormwater facilities; Open spaces. Ancillary uses may be shared between abutting RPI sites and do not count as principal uses. They may fully occupy a site designated RPI only when the RPI serves as a transition between more and RPI Urban Development Area July 2016 Page 2 of 3

5 less intense uses, and the facilities are ancillary to the function of one of the adjacent uses; provided, however, that off street parking facilities in the RPI land use category shall only serve primary uses also in an RPI land use category. RPI - URBAN AREA DENSITY The maximum gross density within the Urban Area shall be 30 units/acre and there shall be no minimum density; except as provided herein. For sites abutting Low Density Residential (LDR) and Rural Residential (RR), the maximum gross density shall be 20 units/acre. Transit-Oriented Developments (TOD) shall provide a minimum gross density of 20 units/acre; and may increase the maximum gross density by an additional 20 units/acre; except for sites abutting Low Density Residential (LDR) and Rural Residential (RR), in which case the maximum gross density shall be 20 units/acre. For sites within the Coastal High Hazard Area (CHHA), the maximum gross density shall be 20 units/acre unless appropriate mitigation is provided consistent with the City s CHHA policies. RPI - URBAN AREA DEVELOPMENT CHARACTERISTICS The development characteristics provided herein shall be applicable to all RPI sites within the Urban Area. Developments on sites greater than 5 acres should incorporate urban development characteristics as defined in this element. Residential uses shall not be permitted on the ground floor abutting roads classified as arterials or higher on the Functional Highway Classification Map. Commercial retail sales and service establishments shall be limited to the ground floor. Developments shall, to the greatest extent possible, be massed along the highest abutting classified road on the Functional Highway Classification Map. In the case of TND, development should also be massed along the newly created street network. Uses shall be sited in a manner to promote internal pedestrian and vehicle circulation and ease of access between abutting uses and sites and to limit the number of driveway access points on roads classified as arterials on the Functional Highway Classification Map. To promote a more compact, pedestrian-friendly environment, off street parking shall be located behind or to the side of buildings to the greatest extent possible. Structured parking is encouraged, provided it is integrated into the design of the overall development and is compatible with surrounding neighborhoods. In TOD, TND, and mixed use developments open spaces should be designed as a common connecting element between uses. RPI Urban Development Area July 2016 Page 3 of 3

6 COMMERCIAL This category is primarily intended to provide for all types of commercial retail sales and service establishments and development which includes offices and Multi-family uses. The plan includes five types of commercially dominated land use categories: Residential-Professional- Institutional, Neighborhood Commercial, Community/General Commercial, Regional Commercial, and Central Business District. The principal uses range from a small convenience store, laundry/dry cleaning shop to mixed use development, large shopping centers and multi-story office buildings. Commercial Secondary Uses: Secondary uses permitted in all residential land use categories are also allowed in all commercial land use categories, including schools. In addition, secondary uses having external impacts similar to the primary uses described above are also included. Examples of these uses are: Trade schools and colleges, hospitals, medical centers, clinics, and sanitariums; Museums; Art galleries; Theaters and related uses; Convention, exhibition, trade, and festival facilities and other similar institutional uses; Transit stations; and Off-street parking lots and garages. In addition to the above, the following secondary uses may be permitted subject to the provisions of each commercial land use category: Criminal justice facilities; Transportation terminals and facilities; Stadiums and arenas; Yard waste composting; Dude ranches; Riding academies; Shooting ranges; Commercial fishing or hunting camps; and Fairgrounds. Not all principal or secondary uses stated above are permitted in all commercial land use categories. The intensity and range of uses permitted, in a specific commercial category, are subject to the provisions of this and other elements of the 2030 Comprehensive Plan, and all applicable Land Development Regulations. COMMUNITY/GENERAL COMMERCIAL (CGC) CGC - GENERAL INTENT Community General Commercial (CGC) is a category intended to provide for a wide variety of retail goods and services which serve large areas of the City and a diverse set of neighborhoods. Uses should generally be developed in nodal and corridor development patterns. Nodes are generally located at major roadway intersections and corridor development should provide continuity between the nodes and serve adjacent neighborhoods in order to reduce the number of Vehicle Miles Traveled. Development within the category should be compact and connected and should support multi-modal transportation. All uses should be designed in a manner which emphasizes the use of transit, bicycle, and pedestrian mobility, ease of access between neighboring uses, and compatibility with adjacent residential neighborhoods. Transit-Oriented Developments (TOD), as defined in this element, are encouraged when in close proximity to an existing or planned JTA mass transit system station or Rapid Transit System (RTS). Density, location and mix of uses shall be pursuant to the Development Areas as set forth herein. CGC - GENERAL NEIGHBORHOOD PROTECTION Compatibility with adjacent and abutting residential neighborhoods shall be achieved through the implementation of site design techniques including but not limited to: transitions in uses; buffering; setbacks; the orientation of open space; and graduated height restrictions to affect elements such as height, scale, mass and bulk of structures, pedestrian accessibility, vehicular traffic, circulation, access and parking impacts, landscaping, lighting, noise and odor. In addition, all development on sites which abut a Low Density Residential and/or Rural Residential land use designation shall provide the following: A scale transition as defined and illustrated in this element. CGC Urban Development Area May 2014 Page 1 of 3

7 When developing mixed uses, residential uses shall be arranged on the site to provide a use transition between new non-residential uses and the protected abutting residential land uses to the greatest extent feasible. Elements such as yards, open space, at-grade parking and perimeter walls shall be arranged, designed and landscaped in a manner compatible with adjacent areas to serve as a visual buffering element. CGC - URBAN AREA (UA) INTENT CGC in the Urban Area is intended to provide compact development in nodal and corridor development patterns, while promoting the advancement of existing commercial land uses and the use of existing infrastructure. Development that includes residential uses is preferred to provide support for commercial and other uses. Plan amendment requests for new CGC designations are preferred in locations which are supplied with full urban services and which abut a roadway classified as an arterial or higher on the Functional Highway Classification Map. CGC - URBAN AREA USES The uses provided herein shall be applicable to all CGC sites within the Urban Area. Principal Uses Commercial retail sales and service establishments including auto sales; Restaurants; Hotels and motels; Offices, Business and Professional Offices including veterinary offices; Financial institutions; Multi-family dwellings; Live/Work Units; Commercial recreational and entertainment facilities; Auto repair and sales, mobile home/motor home rental and sales, boat storage and sales; Off street parking lots and garages; Filling stations; and Uses associated with and developed as an integral component of TOD. Residential uses shall not be the sole use and shall not exceed 80 percent of a development. Existing dwellings which were legally built as single or multi-family dwellings prior to adoption of the 2030 Comprehensive Plan are allowed within this category. Adult entertainment facilities are allowed by right only in Zoning District CCG-2. Secondary Uses Secondary uses shall be permitted pursuant to the Commercial land use introduction. In addition, the following secondary uses may also be permitted: Group care facilities; Criminal justice facilities; Dude ranches; Riding academies; Private camps; Camping grounds; Shooting ranges; Fishing and hunting camps; Fairgrounds; Race tracks; Stadiums and arenas; Transit stations; Transportation terminals and facilities (but not freight or truck terminals); Personal property storage establishments; Crematoria; Blood donation and plasma centers; Building trade contractors; Rescue missions; and Day labor pools. Accessory Uses Warehousing, light manufacturing and fabricating may be permitted provided it is part of a commercial retail sales or service establishment, and the accessory use shall be located on a road classified as collector or higher on the Functional Highway Classification Map. CGC - URBAN AREA DENSITY The maximum gross density in the Urban Area shall be 40 units/acre and there shall be no minimum density; except as provided herein. For sites abutting Low Density Residential (LDR) and Rural Residential (RR), the maximum gross density shall be 20 units/acre. CGC Urban Development Area May 2014 Page 2 of 3

8 Transit-Oriented Developments (TOD) shall provide a minimum gross density of 20 units/acre; and may increase the maximum gross density by an additional 20 units/acre; except for sites abutting Low Density Residential (LDR) and Rural Residential (RR), in which case the maximum gross density shall be 20 units/acre. For sites within the Coastal High Hazard Area (CHHA) the maximum gross density shall be 20 units/acre unless appropriate mitigation is provided consistent with the City s CHHA policies. The maximum density shall be ten units per acre and there shall be no minimum density where this category has been established by a small scale land use amendment, unless otherwise authorized under a Planned Unit Development (PUD) rezoning that is approved pursuant to Future Land Use Element Policy A. CGC - URBAN AREA DEVELOPMENT CHARACTERISTICS The development characteristics provided herein shall be applicable to all CGC sites within the Urban Area. Developments on sites greater than 30 acres should incorporate urban development characteristics as defined in this element. Residential uses shall not be permitted on the ground floor abutting roads classified as arterials or higher on the Functional Highway Classification Map. Developments shall, to the greatest extent possible, be massed along the highest abutting classified road on the Functional Highway Classification Map. Uses shall be sited in a manner to promote internal pedestrian and vehicle circulation and ease of access between abutting uses and sites and to limit the number of driveway access points on roads classified as arterials on the Functional Highway Classification Map. To promote a more compact, pedestrian-friendly environment, off street parking shall be located behind or to the side of buildings to the greatest extent possible. Structured parking is encouraged, provided it is integrated into the design of the overall development and is compatible with surrounding neighborhoods. CGC Urban Development Area May 2014 Page 3 of 3

9 Exhibit 4 Page 1 of 1

10 PUD REZONING ORDINANCE NUMBER: COMPANION LAND USE AMENDMENT NUMBER: 2016C-033 COMPANION LAND USE ORDINANCE NUMBER: SUMMARY OF PROPOSED PLANNED UNIT DEVELOPMENT (PUD) San Jose Battery Source PUD Ross Glass, agent for Savvas Savvidis, the property owner, proposes through Application for Planned Unit Development to rezone approximately 1.49 acres of property from Planned Unit Development (PUD) to Planned Unit Development (PUD) located on San Jose Boulevard between Hidden Stagecoach Road and Sweetholly Drive. The request is to permit the development of a commercial building for the sale of batteries and golf carts on the subject property. This PUD application is a companion to a pending application for small-scale land use amendment (2016C-033) for that portion of the property located in the Residential Professional Institutional (RPI) land use designation. Attached is the site plan for the proposed development. Note: Please be advised that a copy of the full written description is available from the Planning and Development Department upon request or may be reviewed at the Department or in the City Council Legislative Services Division. Due to the limitations of copying larger site plans to 8½ x 11 inch size for mailing purposes, the site plans contained in the mailed notice may be difficult to read and any individuals interested in reviewing the site plan are encouraged to view the original site plan maintained by the Department.

11 2030 COMPREHENSIVE PLAN S RELATIONAL LISTING OF LAND USE CATEGORIES & ZONING DISTRICTS Land Use Categories Primary Zoning Districts Secondary Zoning Districts RESIDENTIAL LAND USE CATEGORIES RR (Rural Residential) LDR (Low Density Residential) MDR (Medium Density Residential) HDR (High Density Residential) RPI (Residential-Professional-Institutional) NC (Neighborhood Commercial) CGC (Community/General Commercial) RR-Acre (Residential Rural-Acre) CO (Commercial Office) RLD-120 (Residential Low Density-120) CN (Commercial Neighborhood) RLD-100A (Residential Low Density-100A) AGR (Agriculture) RR-Acre (Residential Rural-Acre) RMD-A(Residential Medium Density-A) RLD-120 (Residential Low Density-120) RMD-B(Residential Medium Density-B) RLD-100A (Residential Low Density-100A) CO (Commercial Office) RLD-100B (Residential Low Density-100B) CRO (Commercial, Residential and Office) RLD-90 (Residential Low Density-90) CN (Commercial Neighborhood) RLD-80 (Residential Low Density-80) AGR (Agriculture) RLD-70 (Residential Low Density-70) RLD-60 (Residential Low Density-60) RLD-50 (Residential Low Density-50) RLD-TND (Residential Low Density-TND) RLD-TNH (Residential Low Density-TNH) RLD-50 (Residential Low Density-50) CO (Commercial Office) RLD-60 (Residential Low Density-60) CRO (Commercial, Residential and Office) RLD-TND (Residential Low Density-TND) CN (Commercial Neighborhood) RLD-TNH (Residential Low Density-TNH) AGR (Agriculture) RMD-A (Residential Medium Density-A) RMD-B (Residential Medium Density-B) RMD-C (Residential Medium Density-C) RMD-D (Residential Medium Density-D) RMD-MH (Residential Medium Density-MH) RMD-D (Residential Medium Density-D) CO (Commercial Office) RHD-A (Residential High Density-A) CRO (Commercial, Residential and Office) RHD-B (Residential High Density-B) CN (Commercial Neighborhood) COMMERCIAL LAND USE CATEGORIES CCG-1 (Commercial Community/General-1) Source: Jacksonville Planning and Development Department March 2, 2012 CSV PUD (Conservation) (Planned Unit Development) RMD-D (Residential Medium Density-D) RLD-60 (Residential Low Density-60) CO (Commercial Office) RMD-A (Residential Medium Density-A) CRO (Commercial, Residential and Office) RMD-B (Residential Medium Density-B) RMD-C (Residential Medium Density-C) RMD-D (Residential Medium Density-D) RMD-MH (Residential Medium Density-MH) AGR (Agriculture) CN (Commercial Neighborhood) CO (Commercial Office) CRO (Commercial, Residential and Office) CN (Commercial Neighborhood) AGR (Agriculture) CO (Commercial Office) IBP (Industrial Business Park) CRO (Commercial, Residential and Office) AGR (Agriculture) CN (Commercial Neighborhood) CCG-1 (Commercial Community/General-1) CCG-2 (Commercial Community/General-2) ROS (Recreation and Open Space)

12 Land Use Categories Primary Zoning Districts Secondary Zoning Districts RC (Regional Commercial) CBD (Central Business District) BP (Business Park) LI (Light Industrial) HI (Heavy Industrial) WD-WR (Water Dependent-Water Related) AGR (Agriculture) PBF (Public Buildings and Facilities) ROS (Recreation and Open Space) COMMERCIAL LAND USE CATEGORIES (Continued) CCG-1 (Commercial Community/General-1) RHD-A (Residential High Density-A) RHD-B (Residential High Density-B) CRO (Commercial, Residential and Office) CCG-2 (Commercial Community/General-2) IBP (Industrial Business Park) RMD-D (Residential Medium Density-D) RHD-A (Residential High Density-A) RHD-B (Residential High Density-B) CRO (Commercial Residential and Office) CCG-1 (Commercial Community/General-1) CCG-2 (Commercial Community/General-2) CCBD (Commercial Central Business Dist.) IBP (Industrial Business Park) IL (Industrial Light) INDUSTRIAL LAND USE CATEGORIES IBP (Industrial Business Park) MU (Multi-Use) RMD-D (Residential Medium Density-D) RHD-A (Residential High Density-A) AGR (Agriculture) CSV (Conservation) IBP (Industrial Business Park) CCG-1 (Commercial Community/General-1) IL (Industrial Light) CCG-2 (Commercial Community/General-2) AGR (Agriculture) IBP (Industrial Business Park) CCG-1 (Commercial Community/General-1) IL (Industrial Light) CCG-2 (Commercial Community/General-2) IH (Industrial Heavy) AGR (Agriculture) IW (Industrial Water) AGR (Agriculture) OTHER LAND USES CATEGORIES ROS (Recreation and Open Space) AGR (Agriculture) AGR (Agriculture) PBF-3 (Public Buildings and Facilities-3) AGR (Agriculture) PBF-3 (Public Buildings and Facilities-3) ROS (Recreation and Open Space) AGR (Agriculture) Definition of PUD Zoning District: A development district that may include a single or mixed use that is responsive to the needs of the inhabitants, provides flexible planning with creative and innovative design and is consistent with the Comprehensive Plan Land Use Category. Source: Jacksonville Planning and Development Department March 2, 2012

13 LEGAL ISSUES RELATED TO COMPREHENSIVE PLAN S FUTURE LAND USE MAP ( FLUM ) AMENDMENT PROCESS The following brief summary of legal issues related to FLUM amendments is provided pursuant to Section (a)(12), (13) and (14) of the Jacksonville Municipal Code: Legislative vs. Quasi-judicial Functions of Local Government. Local government boards such as the City Council have different functions. Generally, the City Council makes decisions and takes final actions which fall into two main categories - those which are legislative in nature and those which are quasi-judicial. Depending upon the nature of the decision and the type of hearing, the City Council may act in either a legislative capacity or in a quasi-judicial capacity. Future Land Use Map ( FLUM ) amendments are legislative decisions of the City Council. In contrast, when the City Council rezones property, as it often does after the FLUM is amended or as a companion to the FLUM amendment, it is almost always acting in a quasi-judicial capacity. What is the difference between a legislative decision and a quasi-judicial decision? It is the type and character of the hearing which determines whether the actions of the City Council are legislative (policy-making) or quasi-judicial (policy implementation or policy application). Legislative action results in the formulation of a general rule or policy and allows broad discretion in making the decision. Quasi-judicial action results in the implementation or application of a general rule or policy and allows less room for discretion to be exercised, since the decision must be based on competent, substantial evidence. It is important to understand the difference between these two types of decisions because, in the event a decision is challenged, the standard of review used by a court on appeal is different, depending on whether the final action is legislative or quasi-judicial in nature. The appellate review of a legislative decision such as a FLUM amendment results in a new proceeding wherein parties have the opportunity to present testimony, evidence and witnesses to a new decision-maker. The standard of review which applies to a legislative decision is the fairly debatable standard; as its name implies, this is a very deferential standard that generally operates to prevent a court from substituting its judgment for that of the City Council. The standard of review which applies to a quasi-judicial decision is much less deferential and based entirely on the record of the proceedings before the City Council. The court will look at the record to determine 3 things: (1) whether there is competent, substantial evidence to support the decision; (2) whether the City Council observed the essential requirements of law; and (3) whether procedural due process was provided. If the court finds that any one of these 3 requirements has not been met, it will remand the matter back to the City Council for further action. Criteria Upon Which FLUM Amendment is Evaluated and Council s Decision is Based. The FLUM amendment process is governed by Sections and , Florida Statutes and Chapter 650, Ordinance Code. The main criteria with respect to a proposed FLUM amendment is whether it is consistent with the Comprehensive Plan. This is not always a clear and easy determination which is based solely upon the Future Land Use Maps. In addition to reviewing the maps, City planners must review, analyze and weigh a number of different and sometimes competing Comprehensive Plan goals, objectives and policies. In its review of each application for a FLUM amendment, the Planning and Development Department and the City Council consider the following criteria: (1) The relationship of the data and information in the application to the social, economic, physical, environmental, historic and archaeological resources of the city and the projections of future growth, including an analysis of the impact of the proposed change on the amount of land required to accommodate anticipated growth and projected population; (2) The impact of the proposed amendment(s) on the public facilities and services and the Capital Improvements Element (CIE) of the comprehensive plan; (3) The relationship of the proposed amendment(s) to the applicable goals, objectives, policies, criteria and standards, including level of service standards, adopted in the comprehensive plan; (4) The relationship of the proposed amendment(s) to the existing and future land uses depicted on the FLUMs; (5) Other professional planning principles, standards, information and more detailed plans and studies considered relevant; and (6) Written comments, evidence and testimony of the public. Burden of Proof; Evidence and Testimony. The applicant for a FLUM amendment has the burden of proof to show that the amendment is consistent with the Comprehensive Plan, based upon the above criteria. Great weight is given to the recommendation of the professional planning staff, because these determinations are often made based on Comprehensive Plan data and analysis. The type of testimony and evidence that is allowable, relevant and legally sufficient must be credible, factual and relevant to the application. Evidence which is speculative or based on fears about negative future effects is not helpful. Expert opinions and/or testimony, such as from appraisers or planners, although not required, may be very helpful in certain instances. If appealed, the City Council s decision on a FLUM amendment is presumed to be correct and will be sustained as long as it is fairly debatable, unless it is shown by a preponderance of the evidence that the amendment is not in compliance with Chapter 163, Part II, Florida Statutes. NOTE: Matters involving land use decisions are dependent on the facts and circumstances of each case. Citizens with specific questions about what is or is not adequate testimony should consult an attorney.

14 LEGAL ISSUES RELATED TO REZONING APPLICATIONS The following brief summary of legal issues related to rezoning applications is provided pursuant to Section (11), (12) and (13) of the Zoning Code: Legislative vs. Quasi-judicial Functions of Local Government. Local government boards such as the City Council have different functions. Generally, the City Council makes decisions and takes final actions which fall into two main categories - those which are legislative in nature and those which are quasi-judicial. Depending upon the nature of the decision and the type of hearing, the City Council may act in either a legislative capacity or in a quasi-judicial capacity. Future Land Use Map ( FLUM ) amendments are legislative decisions of the City Council. In contrast, when the City Council rezones property, as it often does after the FLUM is amended or as a companion to the FLUM amendment, it is almost always acting in a quasi-judicial capacity. What is the difference between a legislative decision and a quasi-judicial decision? It is the type and character of the hearing which determines whether the actions of the City Council are legislative (policy-making) or quasi-judicial (policy implementation or policy application). Legislative action results in the formulation of a general rule or policy and allows broad discretion in making the decision. Quasi-judicial action results in the implementation or application of a general rule or policy and allows less room for discretion to be exercised, since the decision must be based on competent, substantial evidence. It is important to understand the difference between these two types of decisions because, in the event a decision is challenged, the standard of review used by a court on appeal is different, depending on whether the final action is legislative or quasi-judicial in nature. The appellate review of a legislative decision such as a FLUM amendment results in a new proceeding wherein parties have the opportunity to present testimony, evidence and witnesses to a new decision-maker. The standard of review which applies to a legislative decision is the fairly debatable standard; as its name implies, this is a very deferential standard which generally operates to prevent a court from substituting its judgment for that of the City Council. The standard of review which applies to a quasi-judicial decision is much less deferential and based entirely on the record of the proceedings before the City Council. The court will look at the record to determine 3 things: (1) whether there is competent, substantial evidence to support the decision; (2) whether the City Council observed the essential requirements of law; and (3) whether procedural due process was provided. If the court finds that any one of these 3 requirements has not been met, it will remand the matter back to the City Council for further action. Criteria Upon Which Rezoning Application is Evaluated and Council s Decision to Rezone is Based; Burden of Proof. An applicant for a proposed rezoning has the initial burden of proof to show, by competent, substantial evidence, that the rezoning is consistent with the Comprehensive Plan. In order to successfully meet this burden, the applicant must demonstrate not only that the proposed rezoning is consistent with the FLUM, but also that it furthers the goals, objectives and policies of the Comprehensive Plan and that it is not in conflict with the City s Land Use Regulations. If the applicant demonstrates that the proposed rezoning is consistent with the Comprehensive Plan and there is no competent, substantial evidence, such as a Planning and Development Department finding to the contrary, the burden of proof then shifts to the City Council to demonstrate that maintaining the existing land use classification accomplishes a legitimate public purpose. This can be accomplished only if testimony and/or evidence is provided at a public hearing or submitted to the City councilmembers for their review prior to public hearings, with a copy also provided to the City Council Legislative Services Division for the official file. Section (c) of the Zoning Code provides that a legitimate public purpose may be one or more of the following, or such other criteria as may be determined by law from time to time: (1) The proposed rezoning and the development permitted there under is premature or otherwise creates or contributes to an urban sprawl pattern of development; (2) The proposed rezoning will constitute spot zoning, that is, an isolated zoning district unrelated to adjacent and nearby districts; (3) Uses permitted under the proposed rezoning will not be consistent or compatible with the existing and proposed land uses and zoning of adjacent and nearby properties or the general area or will deviate from an established or developing logical and orderly development pattern; (4) The proposed rezoning and the development permitted there under will result in significant adverse impacts upon property values of the adjacent or nearby properties or in the general area more than the types of uses currently permitted; (5) The proposed rezoning and the development permitted there under will detract from the character and quality of life in the general area or neighborhood by creating excessive traffic, noise, lights, vibration, fumes, odors, dust, physical activities and other detrimental effects or nuisances. If competent, substantial evidence is provided to show that one or more of the above criteria have been met in order to demonstrate that there is a legitimate public purpose in maintaining the existing zoning classification, then the City Council has a legal basis upon which to deny the rezoning. It is possible that there may be competing evidence, some or all of which is competent and substantial, which would be adequate to support a Council decision either way. Evidence and Testimony. Rezonings are quasi-judicial decisions that must be supported by fact-based testimony and evidence. In order to support a quasijudicial decision, this fact-based testimony and evidence must be competent and substantial. Although the question of whether evidence is competent and substantial is a legal question, it is helpful to consider the following examples, all of which are taken from Florida case law: Acceptable Citizen Testimony Citizens with first-hand knowledge of the vicinity qualified as expert witnesses as to the issue of natural beauty and recreational advantages of area. Citizens may testify how conditions in a neighborhood have changed over time, if they have witnessed those changes. Citizens may testify as to the location and density of nearby developments. Citizens may testify concerning noise, vibrations and other nuisances which they have personally observed. Unacceptable Citizen Testimony: Citizens are not qualified to testify about traffic, light or noise problems that might occur. Citizens are not qualified to testify about the relationship of a proposed project to the surrounding neighborhood. Citizens are not qualified to testify about declining property values unless they have real estate or property appraisal-related experience. Expressions of mass opinion in opposition to an application are not substantial, competent evidence. The fact that there may be a large number of objectors to the approval of an application is not a sound basis for denial, no matter how strenuous the objections. Expert Testimony: Expert testimony is considered to be substantial, competent evidence as long as the expert gives testimony within his area of expertise and

15 based either on facts known to the expert, a hypothetical situation or facts disclosed at the hearing. It is important that expert witnesses state their qualifications on the record or submit their resume to the City Council. Reports and recommendations provided by a local government s professional planning staff or Planning Commission have long been recognized as a type of expert testimony sufficient to sustain a quasi-judicial decision where the statements in the report are supported by facts and are not conclusive in nature. Testimony of attorneys does not constitute substantial, competent evidence. The type of testimony and evidence which is allowable, relevant and legally sufficient to support a quasi-judicial decision on a rezoning must include competent, substantial evidence regarding consistency with the Comprehensive Plan, if consistency is an issue, and evidence which shows whether or not there is a legitimate public purpose for maintaining the existing zoning district, based on the above criteria. NOTE: Matters involving land use decisions are dependent on the facts and circumstances of each case. Citizens with specific questions about what is or is not legally sufficient testimony should consult an attorney.