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: 2017C-012 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: PHILIPS HWY General Location: ALONG THEWEST SIDE OF PHILIPS HIGHWAY BETWEEN SR 9B AND NOCATEE PARKWAY Date Filed: June 02, 2017 Applicant: FRED ATWILL 9001 FOREST ACRES LANE JACKSONVILLE, FL Land Use Ordinance #: Rezoning Ordinance #: Land Use Acreage: 7.47 acres Zoning Acreage: 7.47 acres Development Area: RURAL Current Land Use Category: AGR-IV Current Zoning District: AGR Proposed Land Use Category: NC Proposed Zoning District: CN 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: 7/31/17 at 4 PM Department Staff Recommendation Report Available: 8/11/17 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: 8/17/17 at 1 PM 8/22/17 at 5 PM 9/6/17 at 5 PM 9/12/17 at 5 PM Meeting Locations: Citizen Informational Meeting: Ed Ball Building, 214 N. Hogan St., 3rd Floor Room 3112 Planning Commission Public Hearing: City Hall at St. James Bldg., Lynwood Roberts Room, 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: 2017C-012 Planning and Development Department Community Planning Division 214 North Hogan Street, Suite 300 Jacksonville, FL 32202

3 AGRICULTURE (AGR) (i) (iv) AGR - GENERAL INTENT Agriculture (AGR) is intended to provide for agricultural uses and to preserve the existing rural character of outlying areas of the City. Most AGR lands are located in the Rural Area of the City where full urban services and facilities will not be provided by the City during the planning time frame. Accordingly, the principal activities allowed in these categories are agriculture and related uses, such as farming, horticulture, forestry and logging, storage, processing and wholesale distribution of farm supplies and products, and other resource dependent uses. In order to preserve the rural character of these areas, residential uses are permitted at very low densities or as a component of Rural Villages where uses are clustered to limit their impact on surrounding character. Parcels were placed in Agriculture (i), (ii), (iii), or (iv) based on their size at the time of adoption of the 2010 Comprehensive Plan (September 21, 1990) as follows: (i) Lots of record of 640 acres (section) or more in size at the time of adoption of the 2010 Comprehensive Plan; (ii) Lots of record of 160 acres (1/4 section) up to but not including 640 acres (section) in size at the time of adoption of the 2010 Comprehensive Plan; (iii) Lots of record of 40 acres and up to but not including 160 acres at the time of adoption of the 2010 Comprehensive Plan. (iv) Lots of record or contiguous lots of record under common ownership up to but not including 40 acres which were existing at the time of adoption of the 2010 Comprehensive Plan. Landowners who wish to demonstrate that their land should have been placed in a different AGR category than that shown on the Future Land Use Map will need to provide documentation to the satisfaction of the Planning and Development Department that a parcel was of legal record as of September 21, 1990, or in the case of AGR (iii) or AGR (iv), that contiguous parcels were not in common ownership. AGR - GENERAL USES The uses provided herein shall be applicable to all AGR sites in all Development Areas. Principal Uses Single-family dwellings; Farming; Horticulture; Forestry and logging; Storage, processing and wholesale distribution of farm supplies and products; Raising of farm animals and poultry; Dude ranches; Riding academies; Game preserves; Bird sanctuaries; Fish hatcheries and refuges; Watersheds; Reservoirs; Control structures and wells; Retail outlets for live plants, fruit and vegetables, feed, fertilizer and farm supplies; Animal hospitals; Veterinary clinics; Animal boarding places; Dog kennels; Resource based activities, such as conservation, recreation, and mining activities; renewable energy facilities and uses, such as wind and solar farms; and Marinas meeting the siting criteria of the Conservation/Coastal Management Element. Other non-resource based uses may be permitted provided they meet the following criteria: The provision of the facilities and services is in conformity with the provisions of this and other elements of the 2030 Comprehensive Plan; The use meets all local, State and federal regulatory requirements and performance standards; AGR-All Development Areas May 2014 Page 1 of 4

4 The location, scale, and design of the facilities are compatible with agricultural and rural activities; The use does not attract urban sprawl, spin-off urban development or may not be a desirable activity in the urban Development Areas because of external impacts on adjacent lands. Such uses include racetracks, solid waste management facilities including sludge disposal, power plants, major utility lines, airport, airstrips, prisons, slaughter houses, radio and television station antennas. Secondary Uses Race tracks; Sawmills; Bait and tackle shops; Commercial hunting and fishing camps; Truck stops and similar other supporting commercial uses; Sale and service of alcoholic beverages in conjunction with a permitted activity; Churches and places of worship; Public facilities including schools; and Home occupations. AGR - DENSITY The maximum density in AGR categories shall be as follows: AGR (i) One Unit/100 acres; AGR (ii) One Unit/40 acres; AGR (iii) One Unit/10 acres; AGR (iv) One Unit/2.5 acres. Notwithstanding this requirement, one dwelling unit shall be permitted on any nonconforming lot of record that was existing on September 21, Development on such nonconforming lots of record shall be subject to all other plan provisions. Pursuant to the authority granted to local governments by Sec , Florida Statutes, exceptions to the density and intensity standards in the Agriculture (i)-(iv) categories may be granted for use of a parcel as a homestead by family members that meet the family relationship criteria under Future Land Use Element Policy as follows: If the residual parcel is at least ten (10) acres, the exception to density standards may be granted through an administrative process provided that the resulting parcels are consistent with the Land Development Regulations. If the residual parcel is less than ten (10) acres, or if the resulting homestead parcels are not consistent with the Land Development Regulations, the eligibility for exception shall be determined by the Planning Commission through the variance process. To encourage the preservation of agricultural, recreational and conservation uses in agricultural areas, the allowable residential densities may be transferred between contiguous parcels under a common site plan-controlled zoning district in the Agriculture Land Use Classifications (AGR i-iv). Residential development may be clustered on a site in accordance with the following standards: Both the development and the remaining undeveloped agricultural land shall be part of a site-plan-controlled zoning district (PUD or PUD-SC) which stipulates that the maximum allowable density credit for the entire subject site has been transferred to the area of cluster development and may not be subsequently rezoned to the contrary without a comprehensive plan amendment. Units may not be clustered at densities which would exceed the threshold for wells and septic tanks, nor located in areas which cannot sustain wells or septic tanks. The following non-residential uses may be included as part of the clustered development: Conservation; Recreation; Farming; Horticulture; Raising of farm animals and poultry; Dude ranches; Riding academies; Game preserves; Commercial hunting and fishing camps; Marinas meeting the siting criteria of the Conservation/Coastal Management AGR-All Development Areas May 2014 Page 2 of 4

5 Element; Bird sanctuaries; Fish hatcheries and refuges; Watersheds; Reservoirs; Control structures and wells; Retail outlets for live plants, fruit and vegetables, feed, fertilizer and farm supplies; Bait and tackle shops; Animal hospitals; Veterinary clinics; Animal boarding places; Dog kennels, Churches and other public facilities; and Home occupations. Wetlands and water bodies for which density credit is given shall be recorded as preservation or conservation areas or easements. Any proposed changes to said preservation or conservation areas or easements shall be approved by the City Council. The general objective is to hold to a minimum the number of residential units allowed in agricultural areas where full urban services and facilities are not available while nevertheless allowing some residential use for each owner of a lot of record. AGR - DEVELOPMENT CHARACTERISTICS An objective of the 2030 Comprehensive Plan is to encourage large landowners in the agricultural area to develop their respective properties in a mixed-use type of development in the future. Such development should be clustered such that it creates minimal impact to the surrounding rural character and designed to provide for the "internal capture" of daily trips for work, shopping and recreational activities through the development of Rural Villages. Standards for Rural Villages Rural Villages may be approved within various Agricultural land uses in order to maximize the preservation of natural areas, not contribute to urban sprawl, reduce the need for residents of the surrounding lands to travel to the City s Urban area for work, recreation and shopping and encourage the interconnection of roadways and bikeways, greenways and trails in these areas. Rural Villages shall be comprised of several neighborhoods designed in a compact nature around a Village Center. Rural Villages may include several smaller Neighborhood Centers containing small-scale service, retail, office, and residential uses, and should include such items as a public park, square, or green. The Rural Village shall be designed to serve the retail, office, industrial, civic, government uses and service needs of the residents of the village. The Village Center shall be the primary location for commercial uses. Villages should be clustered and surrounded by a green space in order to protect the character of the rural landscape and to provide separation between villages and the rural residential development, agricultural uses and conservation lands that may surround the village. Villages shall be designed to include such uses as: a mixture of residential housing types; institutional uses; office, commercial and recreational uses, all of which shall be sufficient to serve the residents of the Village and the surrounding lands. All industrial uses shall be located on the periphery of the Village. In addition, the following criteria and conditions shall apply: Rural Villages Locational Restrictions - A Rural Village should not be located any closer than 1 mile from another Rural Village. General locations of possible rural villages are shown on the map included in the background data and analysis. The map shall be updated to show actual boundaries as specific villages are approved. - A Rural Village shall have direct access to a roadway classified as an arterial or collector roadway. Alternatively, access to the Village may be via a new collector roadway directly accessing an existing arterial or collector roadway, the cost of which shall be borne entirely by the developer. AGR-All Development Areas May 2014 Page 3 of 4

6 - A Rural Village shall include public infrastructure, such as potable water and sewer facilities which are designed according to JEA standards and which do not encourage urban sprawl. Rural Villages Sizes and Density - Rural Villages should be a minimum of approximately 500 acres and a maximum of approximately 3,500 acres. - Rural Villages shall include a Village Center and a minimum of two distinct residential neighborhoods, which may contain smaller neighborhood centers. - The minimum and maximum gross density of a Rural Village is less than 1 unit per gross acre and 7 units/ per gross acre for single family, 2 units/ per gross acre to 15 units/ per gross acre for multi-family. Rural Villages Land Use Mix - There must be a mix of at least three uses, including public facilities as one. Between 50% and no more than 90% of the land area should be residential. - As part of the development of Rural Villages, the City s Land Development Regulations shall identify the need for centrally located park or town square, vehicular, pedestrian and bicycle access within the Village Center and the residential areas. There should also be an interconnected network of streets and bicycle/walking/riding paths. These standards shall protect and promote a Rural Village character and be consistent with the adopted District Vision Plan. - Rural Villages shall be zoned as Planned Unit Development Satellite Community (PUD- SC). - The Neighborhood Centers should generally not exceed 10 acres each. - The Village Center should range from approximately 20 acres to 150 acres. - Office and industrial acreage should range from less than 50 and no more than 200 acres or around 10% of the land area. - The Rural Villages proposed mix of land uses must be protected to result in a minimum internal capture rate of 15% of the total PM peak hour trip generation at build out of the Rural Village development. The requirements of this designation shall not apply to, affect or limit the continuation of existing rurally developed areas. AGR-All Development Areas May 2014 Page 4 of 4

7 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. NEIGHBORHOOD COMMERCIAL (NC) NC - GENERAL INTENT Neighborhood Commercial (NC) is a category primarily intended to provide commercial retail and service establishments which serve the daily needs of nearby residential neighborhoods. Preferred development patterns include those described in Policy of this element. These uses shall generally be located within walking distance of residential neighborhoods in order to reduce the number of Vehicles Miles Traveled. 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. Density, location and mix of uses shall be pursuant to the Development Areas as set forth herein. NC - 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. 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. NC Rural Development Area May 2014 Page 1 of 2

8 Elements such as yards, open space, at-grade parking and perimeter walls shall be arranged, designed and landscaped in a style compatible with adjacent areas to serve as a visual buffering element. NC - RURAL AREA (RA) INTENT Plan amendment requests for new NC designations are preferred in locations which are supplied with full urban services; which abut a roadway classified as a collector or higher on the Functional Highway Classification Map; and which are compatible with adjacent residential neighborhoods. Sites with two or more property boundaries on transportation rights-of-way will be considered preferred locations. NC - RURAL AREA USES The uses provided herein shall be applicable to all NC sites within the Rural Area. Principal Uses Offices, Business and professional offices including veterinary offices; Multi-family dwellings, when combined with another principal use; Filling Stations; Uses associated with and developed as an integral component of TOD; Single-family dwellings which were originally constructed as single-family dwellings prior to adoption of the 2030 Comprehensive Plan; and Commercial retail and service establishments, except for new or used automobile sales, funeral homes, and broadcasting offices and studios. Secondary Uses Secondary uses shall be permitted pursuant to the Commercial land use introduction. NC - RURAL AREA DENSITY The maximum gross density shall be 20 units/acre, and there shall be no minimum density. 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. NC - RURAL AREA DEVELOPMENT CHARACTERISTICS The development characteristics provided herein shall be applicable to all NC sites within the Rural Area. Residential uses shall not be permitted on the ground floor abutting roads classified as collector 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 non-residential 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. NC Rural Development Area May 2014 Page 2 of 2

9 Agriculture (AGR) District (a) Permitted uses and structures. (1) Agricultural, horticultural and forestry uses, including the keeping and raising of farm animals and poultry, if structures for animals and poultry are not located within 25 feet of a property line and if goats, sheep or swine are not kept or permitted within 200 feet of a property line. (2) Dude ranches, riding academies, or boarding stables, if structures for the housing of animals are not located within 100 feet of a property line, private camps, country clubs, golf courses, parks, camping grounds and recreational areas and travel trailer parks. (3) Game preserves, wildlife management areas, fish hatcheries and refuges. (4) Bird sanctuaries meeting the performance standards and development criteria set forth in Part 4. (5) Watersheds, water reservoirs, control structures and wells. (6) Essential services, including water, sewer, gas, telephone, radio and electric, meeting the performance standards and development criteria set forth in Part 4. (7) Roadside stands only for the sale of agricultural products grown on the premises. (8) Barns, greenhouses, stables and other uses customarily accessory to agricultural, horticultural or forestry activities. (9) Land application of grade I domestic sludge when applied utilizing a splash pan or equivalent device approved by the Director of the Duval County Health Department, and when applied pursuant to the requirements of F.A.C (4), as may be amended or renumbered from time to time, is considered to be a normal accessory use in conjunction with a permitted farming operation subject to no more than six dry tons being applied per acre per year. (10) Land application of grade II domestic sludge and mixtures of grade I and grade II domestic sludge, when applied utilizing a splash pan or equivalent device approved by the Director of the Duval County Health Department is considered to be a normal accessory use in conjunction with a permitted farming operation. Application rates shall be those specified in the permit required under Section Page 1 of

10 (11) Animal hospitals, veterinary clinics, animal boarding places and dog kennels located on an individual and separate lot, provided all yards, area, frontage and other requirements of the Zoning Code are met for each structure within the zoning district of which it is a part, and fur farms, provided that no structures for the housing of animals shall be located within 200 feet of a property line unless in a soundproof building. (12) Marinas meeting the siting criteria of the Conservation/Coastal Management Element. (13) Cemeteries and mausoleums. (14) Single-family dwellings or mobile homes as follows: (i) (ii) (iii) (iv) (v) One dwelling unit (d.u.) per 100 acres of land for lots of record of 640 acres (section) or more in size. One dwelling unit (d.u.) per 40 acres of land area for lots of record of 160 acres (one-quarter section) up to but not including 640 acres (section) in size. One dwelling unit (d.u.) per ten acres of land area for lots of record of 40 acres and up to but not exceeding 160 acres. One dwelling unit (d.u.) per two and one-half acres of land for lots of record up to but not including 40 acres. Family homestead partitions for construction of single-family dwellings or mobile home(s), shall be permitted on a conforming lot for occupation by immediate family member(s). (15) Home occupation meeting the performance standards and development criteria set forth in Part 4. (16) The cultivation of Low-THC Cannabis for medicinal use by a State authorized Cultivation Facility pursuant to F.S , and Ch. 64-4, F.A.C., and meeting the performance standards and development criteria set forth in Part 4. (b) Permitted accessary uses and structures. (1) See Section (2) Temporary housing of farm labor on the premises of agricultural activities requiring this labor. (c) Permissible uses by exception. (1) Radio or television transmitters, antenna and line-of-sight relay devices. Page 2 of

11 (2) Airports, airparks, airstrips and airfields. (3) Class II or Class III sanitary landfills and construction and demolition debris landfills or recycling facility only in conjunction with an aforementioned use; provided, however, that such landfills and recycling facilities must meet the performance standards and development criteria set forth in Part 4. (4) Poultry and animal slaughtering and dressing and livestock auction facilities. (5) Rifle, shotgun or pistol shooting ranges, field archery ranges, golf driving ranges and par-three golf courses. (6) Race tracks for animals or vehicles. (7) Columbariums and crematories. (8) Sludge disposal or utilization site. (9) Truck stops. (10) Bed and breakfast establishments meeting the performance standards and development criteria set forth in Part 4. (11) Churches, including a rectory and similar uses, meeting the performance standards and development criteria set forth in Part 4. (12) Home occupations meeting the performance standards and development criteria set forth in Part 4. (13) Essential services, including water, sewer, gas, telephone, radio and electric, meeting the performance standards and development criteria set forth in Part 4. (14) Borrow pits, subject to the regulations contained in Part 9. (15) Sale and service of alcoholic beverages for on-premises or offpremises consumption in conjunction with a permitted or permissible use. (16) Sawmills. (17) Bait and tackle shops, commercial hunting or fishing camps. (18) Yard waste composting facility including the mulching process, meeting the performance standards and development criteria set forth in Part 4. (19) School buses meeting the performance standards and development criteria set forth in Part 4. (20) Retail outlets for live plants, fresh fruits and vegetables grown on premises, feed, fertilizer and other farm supplies. Retail outlets for live plants, fresh fruits and vegetables shall not be on lots or parcels having road frontage of less than 200 feet. Page 3 of

12 (21) Day care centers meeting the performance standards and development criteria set forth in Part 4. (d) Minimum lot requirements (width and area) for all uses are as follows except as may be herein modified herein by specific use performance standards and development criteria, or for residential uses. (1) Width 100 feet. (2) Area Two and one-half acres. (e) Maximum lot coverage by all buildings. Ten percent. (f) Minimum yard requirements. (1) Front 25 feet. (2) Side Ten feet, provided, that the combined side yards shall not be less than 25 feet. (3) Rear Ten feet. (g) Maximum height of structures. 35 feet. Page 4 of

13 Commercial Neighborhood (CN) District (a) Permitted uses and structures. (1) Medical and dental or chiropractor offices and clinics (but not hospitals). (2) Professional and business offices. (3) Multi-family residential vertically integrated with a permitted use on the ground floor. (4) Neighborhood retail sales and service establishments, however no individual building footprint shall exceed 40,000 square feet. (5) Service establishments such as barber or beauty shops, shoe repair shops. (6) Restaurants without drive-in or drive-through facilities. (7) Banks without drive-thru tellers and financial institutions, travel agencies and similar uses. (8) Libraries, museums and community centers. (9) An establishment or facility which includes the retail sale of beer or wine in sealed containers for off-premises consumption. (10) Veterinarians meeting the performance standards and development criteria set forth in Part 4. (11) Essential services, including water, sewer, gas, telephone, radio, television and electric, meeting the performance standards and development criteria set forth in Part 4. (12) Employment office (but not a day labor pool). (13) Churches, including a rectory or similar use, meeting the performance standards and development criteria set forth in Part 4. (14) Art galleries, dance, art, gymnastics, fitness center, martial arts, music and photography studios, and theaters for stage performances (but not motion picture theaters). (b) Permitted accessory uses and structures. See Section (c) Permissible uses by exception. (1) Off-street parking lots for premises requiring off-street parking meeting the performance standards and development criteria set forth in Part 4. Page 1 of

14 (2) Filling or gas stations, with ancillary single bay automated car wash, meeting the performance standards and development criteria set forth in Part 4. (3) Retail outlets for sale of used wearing apparel, toys, books, luggage, jewelry, cameras and sporting goods. (4) An establishment or facility which includes the retail sale of beer or wine for on-premises consumption. (5) An establishment or facility which includes the retail sale and service of all alcoholic beverages including liquor, beer or wine for onpremises consumption. (6) Permanent or restricted outside sale and service in conjunction with a restaurant, meeting the performance standards and development criteria set forth in Part 4. (7) Drive-thru facilities in conjunction with a permitted or permissible use or structure. (8) Day care centers meeting the performance standards and development criteria set forth in Part 4. (9) Animal boarding for household pets, meeting the performance standards and development criteria set forth in Part 4. (10) Automated Car Washes meeting the performance standards and development criteria set forth in Part 4. (d) Minimum lot requirements (width and area). (1) Minimum lot width 75 feet, except as otherwise required for certain uses. (2) Minimum lot area 7,500 square feet, except as otherwise required for certain uses. (e) Maximum lot coverage by all buildings and structures. 50 percent. (f) Minimum yard requirements. (1) All uses: (i) Front 10 feet or, where the lot is adjacent to a residential district the required front yard setback of the residential district, whichever is greater. (ii) Side None. Page 2 of

15 (iii) Rear Ten feet. (g) Maximum height of structures. 60 feet, provided the building height shall not exceed 45 feet when adjacent to a single family use of zoning district. (h) Limitations on permitted or permissible uses by exception. All of the permitted or permissible uses by exception are subject to the following provisions unless otherwise provided for: (1) Sale, display, preparation and storage shall be conducted within a completely enclosed building. (2) Products shall be sold only at retail. Page 3 of

16 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) PBF-1 (Public Buildings and Facilities-1) PBF-2 (Public Buildings and Facilities-2) CSV (Conservation) 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) PBF-1 (Public Buildings and Facilities-1) RLD-60 (Residential Low Density-60) PBF-2 (Public Buildings and Facilities-2) RLD-50 (Residential Low Density-50) CSV (Conservation) 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) PBF-1 (Public Buildings and Facilities-1) RMD-B (Residential Medium Density-B) PBF-2 (Public Buildings and Facilities-2) RMD-C (Residential Medium Density-C) CSV (Conservation) 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) PBF-1 (Public Buildings and Facilities-1) PBF-2 (Public Buildings and Facilities-2) 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) PBF-1 (Public Buildings and Facilities-1) PBF-2 (Public Buildings and Facilities-2) CSV (Conservation) CO (Commercial Office) CRO (Commercial, Residential and Office) CN (Commercial Neighborhood) AGR (Agriculture) PBF-1 (Public Buildings and Facilities-1) PBF-2 (Public Buildings and Facilities-2) CSV (Conservation) CO (Commercial Office) IBP (Industrial Business Park) CRO (Commercial, Residential and Office) AGR (Agriculture) CN (Commercial Neighborhood) PBF-1 (Public Buildings and Facilities-1) CCG-1 (Commercial Community/General-1) PBF-2 (Public Buildings and Facilities-2) CCG-2 (Commercial Community/General-2) CSV (Conservation) PBF-2 (Public Buildings and Facilities-2) ROS (Recreation and Open Space)

17 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) CSV (Conservation) 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) PBF-1 (Public Buildings and Facilities-1) PBF-2 (Public Buildings and Facilities-2) CSV (Conservation) RMD-D (Residential Medium Density-D) PBF-1 (Public Buildings and Facilities-1) RHD-A (Residential High Density-A) PBF-2 (Public Buildings and Facilities-2) RHD-B (Residential High Density-B) CSV (Conservation) 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) PBF-1 (Public Buildings and Facilities-1) PBF-2 (Public Buildings and Facilities-2) CSV (Conservation) IBP (Industrial Business Park) CCG-1 (Commercial Community/General-1) IL (Industrial Light) CCG-2 (Commercial Community/General-2) PBF-2 (Public Buildings and Facilities-2) PBF-1 (Public Buildings and Facilities-1) AGR (Agriculture) CSV (Conservation) IBP (Industrial Business Park) CCG-1 (Commercial Community/General-1) IL (Industrial Light) CCG-2 (Commercial Community/General-2) IH (Industrial Heavy) AGR (Agriculture) PBF-1 (Public Buildings and Facilities-1) CSV (Conservation) PBF-2 (Public Buildings and Facilities-2) IW (Industrial Water) PBF-1 (Public Buildings and Facilities-1) PBF-2 (Public Buildings and Facilities-2) AGR (Agriculture) CSV (Conservation) OTHER LAND USES CATEGORIES CSV (Conservation) ROS (Recreation and Open Space) AGR (Agriculture) AGR (Agriculture) PBF-1 (Public Buildings and Facilities-1) PBF-2 (Public Buildings and Facilities-2) PBF-3 (Public Buildings and Facilities-3) CSV (Conservation) PBF-1 (Public Buildings and Facilities-1) AGR (Agriculture) PBF-2 (Public Buildings and Facilities-2) CSV (Conservation) PBF-3 (Public Buildings and Facilities-3) ROS (Recreation and Open Space) PBF-1 (Public Buildings and Facilities-1) AGR (Agriculture) CSV (Conservation) 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

18 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.

19 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