City Of Jacksonville, Florida Planning Commission. March 28, :00pm

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1 City Of Jacksonville, Florida Planning Commission March 28, :00pm

2 Planning Commission March 28, :00 PM City Council Chambers,1 st Floor, City St. James, 117 West Duval Street, Jacksonville, Florida Nate Day, Chairman S. Lisa King Pablo Ferrari Tony Robbins, Vice Chair Chris Hagan Marvin Hill Jerry Friley III, Secretary Dow Peters Matthew E. Schellhorn, Military Representative Tyler Loehnert, School Board Representative MEETING AGENDA I. Call to Order / Verification of Quorum a) Pledge of Allegiance b) Submittal of Speaker s Cards c) Agenda Organization 1. Adopt Previous Meeting Minutes 2. Deferrals 3. Proof of Publications II. III. IV. Exceptions, Variances and Waivers and Administrative Deviations a) Deferrals b) Deferred Items to be Heard c) New Items Cellular Antenna Reviews a) Deferrals b) Deferred Items to be Heard c) New Items Land Use Amendments, Companion Rezonings, Text Amendments a) Deferrals b) Deferred Items to be Heard c) New Items VI. Minor Modifications and Administrative Deviation Appeals a) Deferrals b) Deferred Items to be Heard c) New Items VII. Planned Unit Developments a) Deferrals b) Deferred Items to be Heard c) New Items VIII. Ordinances IX. Old Business X. New Business XI. Appeals Update XII. Information a) Meeting Minutes XIII. Adjournment V. Conventional Rezonings a) Deferrals b) Deferred Items to be Heard c) New Items NOTE: The next regular meeting of the Planning Commission will be held on Thursday, April 11, 2013 in the City Council Chambers, City St. James, 117 West Duval Street, 1 st Floor. NOTE: The next regular meeting of the Land Use & Zoning Committee will be held on Tuesday, April 2, Version Date: 03/15/2013 Sections (d) and (n) of the Ordinance Code designate the Planning Commission as the City s Local Planning Agency pursuant to Section F.S

3 Agenda March 28, Page 2 II. Exceptions, Variances, Waivers and Administrative Deviations a) Deferrals - None b) Deferred Items To Be Heard 1. E (companion AD-13-09) CD-14 / PD Oak Street Request: Office/storage/multifamily Owner: Riverside Presbyterian Church Agent: Janet Whitmill Signs Posted Yes No Staff Recommendation: A Planning Commission: 2. AD (companion E-13-03) CD-14 / PD Oak Street Request: Reduce landscaping Owner: Riverside Presbyterian Church Agent: Janet Whitmill Signs Posted Yes No Staff Recommendation: A Planning Commission: c) New - None III. Cellular Antenna Reviews a) Deferrals None b) Deferred Item To Be Heard None c) New - None IV. Land Use Amendments, Companion Rezonings, and Text Amendments a) Deferrals None b) Deferred Item To Be Heard A = Approval DF = Defer D = Deny W = Withdraw A/C = Approve / Conditions A/AMD = Approve/ Amend A/AMD/C = Approved/Amend/Conditions CD = Council District Version Date 03/15/20/2013

4 Agenda March 28, Page (2011C-017) (companion ) CD-12 / PD Old Middleburg Road North (R&R Used Auto Parts) Request: MDR to HI Owner: Ray Taylor Agent: Charles Mann Signs Posted Yes No Staff Recommendation: D Planning Commission: (companion ) CD-12 / PD Old Middleburg Road North (R&R Used Auto Parts) Request: RMD-B to PUD Owner: Ray Taylor Agent: Charles Mann Signs Posted Yes No Staff Recommendation: D Planning Commission: (2013C-005) CD-11 / PD Katherine St Request: LDR to CGC Owner: Grady E. Braddock, Sr. Agent: Dan Boswell Signs Posted Yes No Staff Recommendation: D Planning Commission: (Companion to 2013C-005) CD-11 / PD Katherine St Request: RLD-60 to CCG-2 Owner: Grady E. Braddock, Sr. Agent: Dan Boswell Signs Posted Yes No Staff Recommendation: D Planning Commission: c) New - None A = Approval DF = Defer D = Deny W = Withdraw A/C = Approve / Conditions A/AMD = Approve/ Amend A/AMD/C = Approved/Amend/Conditions CD = Council District Version Date 03/15/20/2013

5 Agenda March 28, Page 4 Conventional Rezonings a) Deferrals - None b) Deferred Item To Be Heard None c) New - None V. Minor Modifications and Administrative Deviation Appeals a) Deferrals - None b) Deferred Item To Be Heard - None c) New - None VI. Planned Unit Developments a.) Deferrals None b.) Deferred Item To Be Heard CD-2/PD-2 Rawls Landing Request: RR to PUD Owner: Rawl s Landscape of Jax, Inc. Agent: L. Charles Mann Signs Posted Yes No Staff Recommendation: A/C Planning Commission: c). New - None VII. Ordinances None VIII. Old Business IX. New Business A = Approval DF = Defer D = Deny W = Withdraw A/C = Approve / Conditions A/AMD = Approve/ Amend A/AMD/C = Approved/Amend/Conditions CD = Council District Version Date 03/15/20/2013

6 Agenda March 28, Page 5 X. Appeals Update Appeal of Approval of E An appeal of the approval of E has been filed by opponents of the application. The appeal concerns the approval with conditions of a zoning exception for property located 7720 Merrill Road, seeking to allow a liquor store in the CCG-1 Zoning District. The Planning Commission approved the exception on December 13, On March 19, 2013, the LUZ Committee denied the appeal by a vote of 5-2, thus upholding the decision of the Planning Commission. The appeal moves on to the City Council on March 26, XI. Information Planning Commission Minutes for March 14, 2013 XII. Adjournment A = Approval DF = Defer D = Deny W = Withdraw A/C = Approve / Conditions A/AMD = Approve/ Amend A/AMD/C = Approved/Amend/Conditions CD = Council District Version Date 03/15/20/2013

7 Call to Order/ Verification of Quorum Item I

8 Exceptions, Variances and Waivers Item II

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11 REPORT OF THE PLANNING AND DEVELOPMENT DEPARTMENT SMP APPLICATION FOR ZONING EXCEPTION E MARCH 28, 2013 Location: 1016 Oak Street between Lomax Street & Post Street Real Estate Number: Zoning Exception Sought: Current Zoning District: Current Land Use Category: Multifamily residential integrated with a permitted use Commercial/Community General 1 (CCG-1) Community General Commercial (CGC) Planning District: Urban Core (1) City Council Representative: The Honorable Jim Love, District 14 Agent: Owner: Staff Recommendation: Jeff Lane & Janet Whitmill 1022 Park Street Jacksonville, FL Riverside Presbyterian Church 849 Park Street Jacksonville, FL APPROVE GENERAL INFORMATION Application for Zoning Exception E seeks to permit multifamily residential with a permitted use in the CCG-1 zoning district. The application has a companion Administrative Deviation, AD-13-09, for a reduction of landscaping requirements pertaining to drive way width and reducing the number of terminal islands. This aids in preserving existing trees on site and as additional trees are required under Part 12, these trees will be added elsewhere. Currently, the site is utilized by the church as an office and storage space. The subject property has been underutilized. The parcel is located within the Urban Transition Character Area of the Riverside Avondale Zoning Overlay and thus have additional requirements beyond those required under Parts 3 & 12

12 E Page 2 of Chapter 656, which are address in AD DEFINITION OF ZONING EXCEPTION According to Section of the Zoning Code, exception means a use that would not be appropriate generally or without restriction throughout the zoning district but which, if controlled as to number, area, location or relation to the neighborhood, could promote the public health, safety, welfare, morals, order, comfort, convenience, appearance, prosperity or general welfare. Such uses may be permissible in the zoning district as exceptions if specific provision for the exception is made in the Zoning Code and the uses are found by the Commission to be in conformity with the standards and criteria for granting the same contained in Section (c) thereof. STANDARDS, CRITERIA AND FINDINGS Pursuant to the provisions of Section (c) of the Zoning Code, the Commission shall grant an exception only if it finds from a preponderance of the evidence that the exception meets, to the extent applicable, the following standards and criteria: (i) Will the proposed use be consistent with the Comprehensive Plan? Yes. The subject property is located in the Community General Commercial (CGC) functional land use category according to the FLUMs (Future Land Use Map series) adopted as part of the 2030 Comprehensive Plan. The CGC category allows a wide range of commercial uses including retail and service establishments. The grant of this exception would further Future Land Use Element (FLUE) Policy of the 2030 Comprehensive Plan, which states that the City shall promote infill and redevelopment of existing commercial areas in lieu of permitting new areas to commercialize. Additionally, FLUE Objective 3.2 calls for the City to continue to promote and sustain the viability of existing and emerging commercial areas in order to achieve and integrated land use fabric which will offer a full range of employment, shopping, and leisure opportunities to support the City s residential areas. The grant of this exception would further the 2030 Comprehensive Plan by facilitating the infill of existing commercial property and promoting the sustainability of the area. (ii) Will the proposed use be compatible with the existing contiguous uses or zoning and compatible with the general character of the area, considering population density, design, scale and orientation of structures to the area, property values, and existing similar uses or zoning? Yes. The subject property is an office structure. It has been utilized by the church as an

13 E Page 3 office and storage space, not to its full capacity. The church would like to utilize this structure for their mission office, storage and to allow missionaries to live there while they are doing mission work here in Jacksonville. As the area has a mixture of uses including, but not limited to all in close proximity to the subject property. The proposed use is compatible with surrounding uses in the area. The granting of this exception will allow the church to provide better service to the surrounding area. Contiguous land use categories, zoning districts, and property uses are as follows: Adjacent Land Use Zoning Current Properties Category District Property Use North CGC CCG-1 Parking/Commercial East RPI PUD Office South CGC CCG-1 Restaurant/Commercial West CGC CCG-1 Commercial/Retail Given the historic nature and pattern of development in the area, the public interest in promoting commercial infill and the intent of the Riverside Avondale Zoning Overlay, the Planning and Development Department finds that the proposed use would be an appropriate addition to the area. (iii) Will the proposed use have an environmental impact inconsistent with the health, safety, and welfare of the community? No. It is the opinion of the Planning and Development Department that the addition of multifamily in conjunction with the existing office (permitted) use will have a minimal environmental impact, if any. The accompanying deviation application is necessary to preserve existing mature trees on the lot, including oak trees, and to allow for the structure to remain in its current location rather than to demolish and rebuild as the structure does not meet the required setbacks. This is in the public interest as well as a benefit to the environment and community. The proposed development will be required to meet all applicable environmental regulations. (iv) Will the proposed use have a detrimental effect on vehicular or pedestrian traffic, or parking conditions, and will not result in the creation or generation of traffic inconsistent with the health, safety and welfare of the community? No. The site has been previously utilized as an office which has an on-site parking lot which functioned with no known issues. The parking lot and proposed enhancements will bring the parking lot into compliance with the Overlay and allow for parking for surrounding businesses to not be impacted.

14 E Page 4 (v) Will the proposed use have a detrimental effect on the future development of contiguous properties or the general area? No. The proposed exception will not have a detrimental effect on the future development of the surrounding area. As previously stated, the grant of this exception would further Future Land Use Element (FLUE) Policy of the 2030 Comprehensive Plan, which states that the City shall promote infill and redevelopment of existing commercial areas in lieu of permitting new areas to commercialize. (vi) Will the proposed use result in the creation of objectionable or excessive noise, lights, vibrations, fumes, odors, dust or physical activities, taking into account existing uses or zoning in the vicinity? No. As there are a mix of uses in the immediate area, including but not limited to, multifamily residential, commercial shops, restaurants, professional offices and parking lots, adding the multifamily in conjunction with a permitted use. The permitted use is a professional office for the church. The granting of this exception will not create objectionable or excessive noise, lights, vibrations, fumes, odors, dust, or physical activities. Rather the establishment of this use will provide additional use for the church of an otherwise sparsely used structure, aiding with infill of the area and full use of structures. (vii) Will the proposed use overburden existing public services and facilities? No. The proposed use will not overburden existing public services or facilities. (viii) Will the site be sufficiently accessible to permit entry onto the property for fire, police, rescue and other services? Yes. The subject property has ample frontage along Riverside Avenue and 24 foot wide drive entrance as reflected on the submitted site plan. (ix) Will the proposed use be consistent with the definition of a zoning exception and meet the standards and criteria of the zoning classification in which such use is proposed to be located? Yes. As more fully set forth in the foregoing findings and conclusions, the proposed use is consistent with the definition of a zoning exception.

15 E Page 5 SUPPLEMENTARY INFORMATION Upon visual inspection of the subject property on March 7, 2013, the Planning and Development Department staff observed that the required Notice of Public Hearing signs were posted. RECOMMENDATION Based on the foregoing findings and conclusions, the Planning and Development Department recommends that Application for Zoning Exception E be APPROVED.

16 E Page 6 Subject Property Source: Planning and Development Department, March 2013 Existing curb cut and parking area of subject property Source: Planning and Development Department, March 2013

17 Neighboring Structure and its setback, to the west of subject property Source: Planning and Development Department, March 2013 E Page 7

18 E Page 8 PBF-1 CRO PUD R CCG-1 PUD PUD POST STREET CCG-1 CRO RMD-B MARGARET STREET CCG-1 CCG-1 PARK STREET PARK STREET CCG-1 LOMAX STREET OAK STREET PUD CRO PUD CRO MAY STREET LOMAX STREET CRO CRO REQUEST SOUGHT: N W E MULTIFAMILY RESIDENTIAL INTEGRATED WITH PERMITTED USE # S Feet COUNCIL DISTRICT: APPLICATION NUMBER: E

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36 AD LOCATION: 1016 Oak Street REAL ESTATE NUMBER: DEVIATION SOUGHT: 1. Reduce required rear yard from 15 feet to 0 feet 2. Reduce the number of terminal islands from 6 terminal islands required by (d) to 3 terminal islands. The required trees shall be placed elsewhere on the site. 3. Reduce minimum width of driveway required by Section (i) from 24 feet to 20 feet PRESENT ZONING: CCG-1 CURRENT LAND USE: CGC PLANNING DISTRICT: 1 COUNCIL DISTRICT: 14 SIGNS POSTED: 1 OWNER: Riverside Presbyterian AGENT: Janet O. Whitmill 849 Park Street PO Box 5212 Jacksonville, Florida Jacksonville, Florida STANDARDS, CRITERIA AND FINDINGS 1. Is this situation unique or similar to other properties in the neighborhood? Recommendation: The applicant is requesting grant of this deviation in order to convert the existing structure, which has been utilized as an office and storage space since 1964, to allow for office and dormitory space for their visiting missionaries for 12 weeks out of the year. This situation is similar to other properties in the area. As the structure was built in 1964, the current structure has approximately one (1) foot setback along the rear property line. The applicant is requesting a reduction from 15 feet to zero. This allows the applicant to utilize the existing structure without having to demolish and rebuild meeting setbacks. The structure is located within the Riverside Avondale Zoning Overlay, in the Urban Transitional Area Character Area. This area recognizes that there are a variety of structures and uses in this area. The majority being office or multi-family residential. The subject property is seeking an approval to be mixed use with and office on the first floor and multifamily on the second floor under E The Overlay gives setback allowances for residential structures but is silent on

37 historic commercial structures. As the intent of the Overlay is to protect the historic character of the area, the approval of this deviation would be in keeping with the Overlay s intent. Findings: 2. There are practical and economic difficulties in carrying out the strict letter of the regulation in that Recommendation: There are practical difficulties in carrying out the strict letter of the regulation in that the strict letter would require the demolition of the structure to meet setbacks. Additionally, the complete alteration of the parking lot to meet the strict letter of the Code would impact the existing trees on the property. The Overlay specifically emphasizes maintaining the historic character and streetscape of the district. Within the Urban Transition Character Area, more landscaping and higher setbacks are emphasized when a structure measures over 45 feet in height. As this structure is under that differentiation point, the heightened landscaping is not emphasized and maintenance of the character of the area s streetscape is important. The removal of this structure and loss of trees would not be in line with the intent of the Overlay. Findings: 3. The request is not based exclusively upon a desire to reduce the cost of developing the site, but would accomplish a result that is in the public interest. Recommendation: The request is not exclusively based upon reducing cost but rather in keeping with the Intent of the Overlay and historic character of the area. Findings: 4. The proposed deviation will not substantially diminish property values in, nor alter the essential character of the area surrounding the site and will not substantially interfere with or injure the rights of others whose property would be affected by the deviation, in that Recommendation: The proposed deviation and subsequent use of the structure will not substantially diminish property values in the surrounding area but will give an underutilized building new life. As the parking provides ample space for the proposed use, parking will not be impacted for the surrounding businesses. Findings:

38 5. The proposed deviation will not be detrimental to the public health, safety, or welfare, result in additional public expense, the creation of nuisances, or conflict with any other applicable law, in that 6. The effect of the proposed deviation is in harmony with the spirit and intent of the Zoning Code. Recommendation: The proposed deviation will not be detrimental to the public health, safety or welfare as the property has sufficient parking on site and the maintenance of the existing structure s setbacks has not caused any issues. Findings: Recommendation: As evidence throughout the report, the proposed project and requested deviation are in keeping with the intent of the Zoning Code and Riverside Avondale Zoning Overlay. Findings: 7. The City landscape architect (has/has not) recommended the proposed deviation. 8. The existing violation was not created by the applicant with an intent to violate the Zoning Code. The City s Landscape architect has recommended approval of the proposed deviation. N/A PLANNER RECOMMENDATION: APPROVE DATE OF REPORT: 3/11/12 ZONING ADMINISTRATORS DECISION: DATE:

39 PBF-1 CRO PUD R CCG-1 PUD PUD POST STREET CCG-1 CRO RMD-B MARGARET STREET CCG-1 PARK STREET PARK STREET CCG-1 LOMAX STREET OAK STREET PUD PUD CRO MAY STREET CRO CCG-1 CRO LOMAX STREET CRO REQUEST SOUGHT: N W E REDUCE REAR YARD SETBACK FROM 10 FT. TO 0 FT. AND REDUCE LANDSCAPE REQUIREMENTS # S Feet COUNCIL DISTRICT: APPLICATION NUMBER: 14 AD

40 GIS Map, reflecting surrounding zoning Source: City of Jacksonville Planning and Development Department Date: March 2013 Public notice sign Source: City of Jacksonville Planning and Development Department Date: March 2013

41 Existing setback along north property line (NPL) Source: City of Jacksonville Planning and Development Department Date: March 2013 View of setback of south property line (SPL) shows neighboring structure with a minimal setback, also not meeting current code, as the dumpster are on the subject property s parcel Source: City of Jacksonville Planning and Development Department Date: March 2013

42 CURRENT PLANNING DIVISION March 20, 2013 MEMORANDUM TO: Nate Day, Chair Planning Commission FROM: Paul M. Davis, ASLA, AICP, City Planner Landscape Architect: Fl. Reg. No. LA SUBJECT: AD Oak Street RE: Scope: Applicant seeks the following relief: Sec (i): Decrease minimum width of driveway from 24 feet required to 20 feet. Sec (d): Reduce the number of terminal island trees from six terminal islands required to three terminal islands as indicated on Landscape Site Plan dated February 1, Observations: The subject property was developed in 1964 with a structure previously used as an office building. The applicant seeks to use the property for storage of donated items and also for training and multifamily housing for short periods of time in conjunction with a mission ministry. The applicant requests relief from certain provisions of the Zoning Code. Existing site configuration does not otherwise permit strict adherence to the parking and landscape requirements. Applicant proposes acceptable alternative methods to meet the public interest requirements of the buffer standards. Recommendation: As a Landscape Architect of the City of Jacksonville, I understand the request contained in Application AD and forward my opinion to the Zoning Administrator via this memo. For the reasons cited above and others, I recommend that the request be approved subject to the revised site plan dated February 1, 2013, or as otherwise approved by the Planning and Development Department. Signature: Date: March 20, 2013 AD Oak Street_PMD.doc PLANNING AND DEVELOPMENT DEPARTMENT 214 North Hogan Street, Suite 300 Jacksonville, Florida Phone: Fax:

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58 Cellular Antenna Reviews Item III

59 Land Use Amendments, Companion Rezonings, and Neighborhood Studies Item IV

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62 PROPOSED SMALL-SCALE FUTURE LAND USE MAP (FLUM) AMENDMENT OVERVIEW ORDINANCE: APPLICATION: 2013C APPLICANT: DAN C. BOSWELL PROPERTY LOCATION: 109 Katherine Road. Acreage: 1.47 Acres Requested Action: Current Proposed LAND USE LDR CGC ZONING RLD-60 CCG-2 Existing FLUM Category LDR Proposed FLUM Category CGC Existing Maximum Density (DU/Acre) 5 DU/Ac 7 S/F Dwelling Units Proposed Maximum Density (DU/Acre) 5 DU/AC 0 S/F Dwelling Units Existing Maximum Intensity (0.35 FAR) Proposed Maximum Intensity (0.35 FAR) 0 SF 22,411 SF Net Increase or (Decrease) in Maximum Density Decrease of 7 Dwelling Units at 5 DU/Ac Non-Residential Net Increase or (Increase) in Potential Floor Area Increase of 22,411 SF PLANNING AND DEVELOPMENT DEPARTMENT S RECOMMENDATON: DENY LOCATION MAPS: City of Jacksonville Ordinance # Planning and Development Department Application #2013C Land Use Amendment Report March 8, 2013 Page 1 of 12

63 DUAL MAP PAGE City of Jacksonville Ordinance # Planning and Development Department Application #2013C Land Use Amendment Report March 8, 2013 Page 2 of 12

64 ANALYSIS Background: The subject property is located on the north side of Katherine Road between North Main Street and Gillespie Avenue and approximately 700 feet east of the North Main Street and Katherine Road intersection. Access to the application site is either from Katherine Road or from other property under the same ownership fronting North Main Street. Presently, the northern half of the property is fenced and utilized for outside storage in conjunction with the North Main Street property. Katherine Road is classified as a Local Road and North Main Street is a Principal roadway. The 1.47 acre land use amendment site consists of a vacant lot, half which is presently used for open storage. The applicant proposes a future land use amendment from Low Density Residential (RLD) to Community/General Commercial (CGC) and a rezoning from Residential Low Density 60 (RLD-60) to Commercial Community/General-2 (CCG-2) to allow for the expansion of boat and recreational vehicle (RV) storage. Across the street from the subject site and on the south side of Katherine Road is a play field for a public school, a fire station, service garage, animal clinic, single family dwellings and a mobile home. The land use categories for this area are CGC and LDR and the zoning is CCG-2, RLD-60, and Public Buildings and Facilities-1 (PBDF-1). West of the application site is the boat and RV storage, single-family dwellings, mobile homes, mobile home park, and a night club located in CGC and LDR land use categories and CCG-2 and RLD-60 zoning districts. East of the site are single-family dwells and mobile homes in LDR land use category and RLD-60 zoning district. North of the land use amendment site is a shopping center, a Burger King fast food restaurant and vacant land in CGC and LDR land use categories and CCG-2 and RLD-60 zoning districts. According to the Capital Improvements Element of the 2030 Comprehensive Plan, the site is located within the Suburban Area of the City. The proposed land use amendment to CGC for use as outside storage precludes plans for residential development. Therefore there is no school capacity issues related to the proposed land use amendment. Impacts and Mitigation: Potential impacts of a proposed land use map amendment have been analyzed by comparing the appropriate residential density by residential land use category, or the Development Impact Standards (non-residential categories), for the subject site. Development Impact Standards are detailed in FLUE Policy Development Standards for Impact Assessment. These standards produce development potentials shown on the attached Impact Assessment. Utility Capacity The calculations to determine the water and sewer flows contained in this report and/or this spreadsheet have been established by the City of Jacksonville Planning and Development Department and have been adopted by JEA solely for the purpose of preparing this report and/or this spreadsheet. The method of calculating water and sewer flows in order to properly City of Jacksonville Ordinance # Planning and Development Department Application #2013C Land Use Amendment Report March 8, 2013 Page 3 of 12

65 size infrastructure shall continue to be based on JEA s Water, Sewer and Reuse for New Development Projects document (latest edition). Transportation The Planning and Development Department completed a transportation analysis (see Attachment B) and determined that the proposed amendment results in an increase of 955 net new daily external tips. This analysis is based upon the comparison of what potentially could be built on that site (as detailed in FLUE Policy Development Standards for Impact Assessment) versus the maximum development potential. Potential traffic impacts will be addressed through the Concurrency and Mobility Management System Office. City of Jacksonville Ordinance # Planning and Development Department Application #2013C Land Use Amendment Report March 8, 2013 Page 4 of 12

66 IMPACT ASSESSMENT DEVELOPMENT ANALYSIS CURRENT PROPOSED Site Utilization 50% Vacant / 50% Open Office Warehouse Storage Land Use Category LDR CGC Development Standards For Impact Assessment 5 single-family DU/AC 0.35 Floor Area Ratio (FAR) Development Potential 7 single-family DU 22,411 sq. ft. office space Population Potential 18 people 0 people SPECIAL DESIGNATIONS AREAS Aquatic Preserve Airport Environ Zone Industrial Preservation Area Cultural Resources Archaeological Sensitivity Historic District Coastal High Hazard Area Ground Water Aquifer Recharge Area Well Head Protection Zone Potential Roadway Impact YES PUBLIC FACILITIES Increase of 955 daily trips City of Jacksonville Ordinance # Planning and Development Department Application #2013C Land Use Amendment Report March 8, 2013 Page 5 of 12 NO X X X X X- Low X X X Discharge Area Water Provider JEA Potential Water Impact Possible decrease in demand of gpd. LOS maintained. Sewer Provider JEA Potential Sewer Impact Possible decrease in demand of gpd. LOS maintained. Potential Solid Waste Impact Possible increase in demand of tons per year. LOS maintained. Drainage Basin / Sub-Basin Jullington Creek Basin and Sub-basin Recreation and Parks Beauclerc Elementary Park Mass Transit Served by JTA Community Shuttle NS31 NATURAL FEATURES Elevations 25 feet Soils 14 Boulogne fine sand (100%) Land Cover 1100 Residential Low Density Flood Zone No Wet Lands Wild Life No No PROCEDURAL COMPLIANCE Signs, Notices and Preview Workshop Upon site inspection by the Planning and Development Department on January 22, 2013, the required notices of public hearing signs were posted. Sixteen (16) notices were mailed out to adjoining property owners informing them of the proposed land use change and pertinent public hearing and meeting dates. X

67 The Planning and Development Department held a Preview Workshop on January 28, There were two speakers in opposition to this application stating that the proposed use will increase traffic to a residential neighborhood. In addition the owner of the property is already using half of the property for outside storage. CONSISTENCY EVALUATION 2030 Comprehensive Plan Consistency The proposed amendment is inconsistent with the following Policies of the 2030 Comprehensive Plan, Future Land Use Element (FLUE): Policy Policy Policy Policy Policy Require that all new non-residential projects be developed in either nodal areas, in appropriate commercial infill locations, or as part of mixed or multi-use developments such as Planned Unit Developments (PUDs), cluster developments, Traditional Neighborhood Design (TND) developments, and Locally Designated Historic Preservation Districts, as described in this element. Require mitigation of adverse land use impacts on adjacent uses during development and redevelopment through: 1. Creation of like uses; 2. Creation of complementary uses; 3. Enhancement of transportation connections; 4. Use of noise, odor, vibration and visual/ aesthetic controls; and/or 5. Other appropriate mitigation measures such as requirements for buffer zones and landscaping between uses. Future development orders, development permits and plan amendments shall maintain compact and compatible land use patterns, maintain an increasingly efficient urban service delivery system and discourage urban sprawl. Develop and implement through the Planning and Development Department urban design criteria that will address the interface of incompatible land uses (e.g., commercial and residential) and provide mitigation techniques to guide the redevelopment of uses affected by road widening. The City shall permit expansion of commercial uses adjacent to residential areas only if such expansion maintains the residential character of and precludes non-residential traffic into adjacent neighborhoods. The proposed land use amendment is located adjacent to a commercial area along Main Street but with access to a residential street with no commercial development along either side of the proposed site near Katherine Drive. Therefore, the proposed land use amendment City of Jacksonville Ordinance # Planning and Development Department Application #2013C Land Use Amendment Report March 8, 2013 Page 6 of 12

68 is inconsistent with FLUE Policies and In addition, the proposed amendment would introduce commercial traffic into a residential area of Katherine Drive, a narrow local street thereby proving its inconsistency with Policy The proposed amendment and companion rezoning do not address the use of smart growth techniques or innovative site planning to mitigate the adverse impacts of the proposed development on adjacent uses or the interface of commercial and residential uses. Rather, the plan of development is an adjacent residential parcel that has access to a residential area of mobile homes and single family dwellings that is not integrated with and does not recognize potential impacts on the character and viability of the residential street and surrounding area. As such, the proposed access presents a potential conflict between local residential traffic and commercial traffic resulting from the proposed amendment. The applicant has not proposed mitigation techniques to guide site development to resolve site access/traffic conflict concerns. Therefore, the proposed amendment is inconsistent with FLUE Policies and According to the category description of the Future Land Use Element (FLUE), Low Density Residential (LDR) permits housing densities of up to 7 dwelling units per acre when full urban services are available. Generally, single-family detached housing will be the predominant land use in this category, although mobile homes, patio homes, townhomes and multi-family dwellings may also be permitted in appropriate locations. The Community General Commercial (CGC) land use designation includes outlets and establishments that offer a wide range of goods and services including general merchandise, apparel, food and related items. General commercial uses include business and professional offices, financial institutions, highway commercial, mobile home/motor home rental and sales, off-street parking lots and garages, and boat storage and sales, among other similar types of commercial developments. Vision Plan The application site lies within the North Jacksonville Vision Plan Area. The plan does not identify specific recommendations for the subject site. However, the Plan does identify a summary of recommendations for future planning efforts in the vision plan area. Recommendations such as prevention of urban sprawl, protection of established neighborhoods, rehabilitation of blighted areas, and provide suitable sites for various institutional facilities are suggested in the vision plan. The vision plan also encourages the development of commercial areas along Main Street, a major road corridor. However, the proposed commercial extension into a residential neighborhood with access on a residential street provides inconsistency with the North Jacksonville Vision Plan. Strategic Regional Policy Plan Consistency The proposed amendment is inconsistent with the following Goal of the Strategic Regional Policy Plan, Economic Development Element: City of Jacksonville Ordinance # Planning and Development Department Application #2013C Land Use Amendment Report March 8, 2013 Page 7 of 12

69 Goal 2.3 An environment that is conducive to the creation and relocation of new businesses as well as the expansion of existing businesses in the northeast Florida region. As noted above, the proposed amendment to CGC is located in a predominantly residential area with access to a residential area and street. The proposed amendment is inconsistent with the character of the surrounding residential neighborhood area is therefore inconsistent with Goal 2.3 of the Strategic Regional Policy Plan. RECOMMENDATION The Planning and Development Department recommends DENIAL of this application based on its inconsistency with the 2030 Comprehensive Plan and Strategic Regional Policy Plan. City of Jacksonville Ordinance # Planning and Development Department Application #2013C Land Use Amendment Report March 8, 2013 Page 8 of 12

70 ATTACHMENT A City of Jacksonville Ordinance # Planning and Development Department Application #2013C Land Use Amendment Report March 8, 2013 Page 9 of 12

71 Traffic Analysis: ATTACHMENT B City of Jacksonville Ordinance # Planning and Development Department Application #2013C Land Use Amendment Report March 8, 2013 Page 10 of 12

72 Planning and Development Produced by: Department Application Number: 2013C-005 Ordinance Number: 0 Date 1/31/2013 LB Table B Net New Daily External Trip Distribution a b = Total Net New External Trips (Table A) c (b*c) (a*c) Percent of Net New Net New Total Net Daily Peak Hour Link ID Roadway Name From / To New Daily External External Number Amendment Amendment Amendment Trips Trips Trips 102 MAIN ST/US 17 (SR 5) SR 9A TO PECAN PARK RD 60.00% BOLD Indicates Directly Accessed Segment(s) City of Jacksonville Ordinance # Planning and Development Department Application #2013C Land Use Amendment Report March 8, 2013 Page 11 of 12

73 ATTACHMENT C City of Jacksonville Ordinance # Planning and Development Department Application #2013C Land Use Amendment Report March 8, 2013 Page 12 of 12

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76 REPORT OF THE PLANNING AND DEVELOPMENT DEPARTMENT FOR APPLICATION FOR REZONING Ordinance MARCH 14, PMD The Planning and Development Department hereby forwards to the Planning Commission, Land Use and Zoning Committee and City Council its comments and recommendation regarding Application for Rezoning Ordinance Location: Current Zoning District: Proposed Zoning District: Current Land Use Category: Proposed Land Use Category: Application 2013C-005) Planning District: 109 Katherine Road Between Main Street and Gillespie Avenue (RE Number ) Residential Low Density 60 (RLD-60) Commercial Community / General-2 (CCG-2) Low Density Residential (LDR) Community/General Commercial (CGC) North City Council District: The Honorable Ray Holt, District 11 Applicant/Agent: Owner: Staff Recommendation: Dan C. Boswell Dan Boswell & Associates 4014 Ranie Road Jacksonville, Florida Grady E. Braddock, Sr. 344 Broward Road Jacksonville, Florida DENY

77 March 14, 2013 Page 2 GENERAL INFORMATION Application for Rezoning Ord seeks to rezone an undeveloped 1.47 acre parcel from the RLD-60 to CCG-2 zoning district. Presently, the northern half of the property is fenced and is used for outside storage, including unauthorized tractor trailer storage, in conjunction with operations on an adjoining commercial property that is under the same ownership. Companion application 2013C-005 seeks to change the functional land use from LDR to CGC. There is a companion Semi-Annual Land Use Amendment Application Ordinance , Application 2013C-005 which proposes to change the Future Land Use Map Series (FLUMs) of the 2030 Comprehensive Plan from Low Density Residential (LDR) to Community/General Commercial (CGC). The companion land use application has a staff recommendation to deny. STANDARDS, CRITERIA AND FINDINGS Pursuant to Section of the Zoning Code, an applicant for a proposed rezoning bears the burden of proving, by substantial competent evidence, that the proposed rezoning is consistent with the City's comprehensive plan for future development of the subject parcel. In determining whether a proposed rezoning is consistent with the 2030 Comprehensive Plan, the Planning and Development Department considers several factors, including (a) whether it is consistent with the functional land use category identified in the Future Land Use Map series of the Future Land Use Element; (b) whether it furthers the goals, objectives and policies of the Comprehensive Plan; and (c) whether it conflicts with any portion of the City's land use regulations. Thus, the fact that a proposed rezoning is permissible within a given land use category does not automatically render it consistent with the 2030 Comprehensive Plan, as a determination of consistency entails an examination of several different factors. 1. Is the proposed rezoning consistent with the 2030 Comprehensive Plan? No. In accordance with Section Advisory recommendation on amendment of Zoning Code or rezoning of land of the Zoning Code, the Planning and Development Department finds that the subject property is located in the LDR functional land use category according to the Future Land Use Map series (FLUMs) adopted as part of the 2030 Comprehensive Plan and is inconsistent therewith. Concurrent with this Application for Conventional Rezoning, an Application for Small Scale Land Use Amendment to Future Land Use Map Series-2030 Comprehensive Plan, i.e. Ordinance , Application 2013C-005 was filed requesting amendment of the subject property s functional land use categories from LDR to CGC. The CCG-2 zoning district is a primary zoning district within the CGC functional land use category. The subject property is within the Suburban Development Area.

78 March 14, 2013 Page 3 Low Density Residential (LDR) is a category intended to provide for low density residential development. Generally, single-family detached housing should be the predominant development typology in this category Mixed use developments utilizing the Traditional Neighborhood Development (TND) concept, which is predominantly residential but includes a broad mixture of secondary recreational, commercial, public facilities and services may also be permitted. New residential subdivisions in LDR should be connected to reduce the number of Vehicles Miles Traveled and cul-de-sacs should be avoided. Density, location and mix of uses shall be pursuant to the Development Areas as set forth herein. LDR - SUBURBAN AREA USES The uses provided herein shall be applicable to all LDR sites within the Suburban Area. Principal Uses: Single family and Multi-family dwellings; Commercial retail sales and service establishments when incorporated into mixed use developments which utilize the Traditional Neighborhood Development (TND) concept and such uses are limited to 25 percent of the TND site area: and other uses associated with and developed as an integral component of TND. Secondary Uses: Secondary uses shall be permitted pursuant to the Residential land use introduction. In addition the following secondary uses may also be permitted: Borrow pits; Animals other than household pets; Foster care homes; Drive through facilities in conjunction with a permitted use; Assisted living facilities and housing for the elderly, so long as said facilities are located within three miles of a hospital and on an arterial roadway; and Commercial retail sales and service establishments when the site is located at the intersection of roads classified as collector or higher on the Functional Highway Classification Map, however logical extensions and expansions of preexisting commercial retail sales and service establishments are exempt from the roadway classification and intersection requirements. CGC - SUBURBAN AREA (SA) INTENT The Suburban Area is intended to provide development in a nodal development pattern. Plan amendment requests for new CGC designations are preferred in locations which are supplied with full urban services; abut a roadway classified as an arterial or higher on the Functional Highway Classification Map; and which located in areas with an existing mix of non-residential uses. Nodal sites with two or more boundaries on a transportation right-of-way shall be considered preferred locations for these uses. CGC - SUBURBAN AREA USES The uses provided herein shall be applicable to all CGC sites within the Suburban 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

79 March 14, 2013 Page 4 the sole use and shall not exceed 80 percent of a development. Existing dwellings which were legally built as single or multifamily 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. 2. Does the proposed rezoning further the goals, objectives and policies of the 2030 Comprehensive Plan? The proposed amendment is inconsistent with the following Policies of the 2030 Comprehensive Plan, Future Land Use Element (FLUE): FLUE Policy Require that all new non-residential projects be developed in nodal areas, in appropriate commercial infill locations, or as part of mixed or multi-use developments such as Planned Unit Developments (PUDs), cluster developments, Traditional Neighborhood Design (TND) developments, and Locally Designated Historic Preservation Districts, as described in this element. The request would allow the introduction of a wide range of intense commercial uses, including some that are entirely inconsistent with family habitation into a residential neighborhood. FLUE Policy Require mitigation of adverse land use impacts on adjacent uses during development and redevelopment through: 1. Creation of like uses; 2. Creation of complementary uses; 3. Enhancement of transportation connections; 4. Use of noise, odor, vibration and visual/ aesthetic controls; and/or 5. Other appropriate mitigation measures such as requirements for buffer zones and landscaping between uses. The request would introduce incompatible commercial uses into a residential neighborhood allowing such intrusion as commercial truck (semi) traffic, adult entertainment, bars, and other

80 March 14, 2013 Page 5 uses inconsistent with family residential enjoyment without adequate buffering, transition of uses or sufficient space for adequate buffers. FLUE Policy Future development orders, development permits and plan amendments shall maintain compact and compatible land use patterns, maintain an increasingly efficient urban service delivery system and discourage urban sprawl. Commercial intrusion into residential neighborhoods creates uncomplimentary conflicts that devalue the adjoining property for its designated use and impairs the enjoyment of its owners and residents. FLUE Policy The City shall permit expansion of commercial uses adjacent to residential areas only if such expansion maintains the residential character of and precludes non-residential traffic into adjacent neighborhoods. The owner of the subject property would be granted access to Katherine Drive, introducing commercial and heavy truck traffic directly into a residential neighborhood and diminishing the residential character thereof. The plan of development is not integrated with and does not recognize potential impacts on the character and viability of the residential street and surrounding area. As such, the proposed access presents a direct conflict between local residential habitation and commercial traffic resulting from the proposed development. The applicant has not proposed mitigation techniques to guide site development to resolve site access/traffic conflict concerns. 3. Does the proposed rezoning conflict with any portion of the City's land use regulations? Yes. The proposed rezoning would legitimize the already extant expansion of the adjoining commercial parcel that is under the same ownership (parcel ). That parcel is currently operating as truck storage without the approval of an Exception required by Sec (A)(V)(c). Staff has observed that trucks and other vehicles are currently parked within the twenty-five feet minimum setback from a residential property boundary required by Sec (A)(V)(f)(iv) and is also in conflict with the Zoning Code requirement for an uncomplimentary use buffer between any commercial use and residential use (or zoning) as set forth in Sec Signs posted at the northwest corner of that property are not in compliance with Sec. 656, Part 13. It appears that this request would not only legitimize the current non-conforming use, and would also expand the current series of violations onto a new property. SURROUNDING LAND USE AND ZONING

81 March 14, 2013 Page 6 The 1.47 acre parcel is located north of Katherine Road between Main Street North and Gillespie Avenue. The undeveloped residential property is currently being used as a trucking terminal for storage of semi-trailers. The surrounding land use categories, zoning and uses are as follows: Adjacent Property Land Use Category Zoning District Current Use(s) North CGC CCG-2 Neighborhood Shopping Center East LDR RLD-60 Single Family Residence South LDR RLD-60 Public School West LDR/CGC RLD-60/CCG-2 Single Family Residence Therefore, the proposed rezoning is inconsistent and incompatible with the adjacent and nearby residential zoning districts and uses. SUPPLEMENTARY INFORMATION Figure 1. Single family residence east of subject property viewed looking northeast across the subject property from Katherine Road on March 7, 2013.

82 March 14, 2013 Page 7 Figure 2. Subject property viewed looking west along Katherine Road across subject property on March 7, Upon visual inspection of the subject property on March 3, 2013 the required Notice of Public Hearing sign WAS NOT posted. The applicant was provided with an additional sign on March 4, Upon inspection by the staff on March 7, 2013 the sign WAS NOT posted. RECOMMENDATION Based on the foregoing, it is the recommendation of the Planning and Development Department that Application for Rezoning ORD be DENIED.

83 March 14, 2013 Page 8 PUD CCG-2 RLD-60 C. S. X. R. R. MAIN STREET NORTH CCG-2 RLD-60 CCG-2 RLD-60 RLD-60 KATHERINE ROAD PBF-1 PBF-1 RLD-60 REQUEST SOUGHT: N # W E FROM: RLD-60 S Feet TO: CCG-2 COUNCIL DISTRICT: 11 ORDINANCE FILE COPY

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92 Conventional Rezonings Item V

93 Minor Modifications and Administrative Deviation Appeals Item VI

94 Planned Unit Developments Item VII

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99 New Business Item X

100 Appeals Update Item XI

101 Information Item XII

102 Adjournment Item XIII

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149 2011 / 2012 Jacksonville Planning Commission City Council Chambers 1 st Floor, City St. James 117 West Duval Street MEMBERS Nate Day, Chairman Tony Robbins, Vice Chairman Jerry Friley III, Secretary Pablo Ferrari Dow W. Peters, III Mary Goldsmith S. Lisa King Chris Hagan Marvin Hill Tyler Loehnert, Duval County School Representative Matthew E. Schellhorn, Military Representative