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-017 A request to amend the Future Land Use Map of the 2030 Comprehensive Plan and a companion rezoning has been filed with the City of Jacksonville Planning and Development Department regarding property located within 350 feet of your property (see attached location map). Information regarding the proposed change is detailed below. Property Location: 0 OLD KINGS RD General Location: Date Filed: June 30, 2017 Applicant: CURTIS HART 8051 TARA LANE JACKSONVILLE, FL (904) NORTH OF MONCRIEF ROAD ON THE WEST SIDE OLD KINGS ROAD Land Use Ordinance #: Rezoning Ordinance #: Land Use Acreage: 4.46 acres Zoning Acreage: 4.46 acres Development Area: SUBURBAN AREA Current Land Use Category: LDR Current Zoning District: RR-Acre Proposed Land Use Category: LI Proposed Zoning District: IL See reverse side for additional information

2 Scheduled Public Meeting and Public Hearing Dates Dates subject to change if additional information is needed or if the proposed amendment is deferred. Citizen Informational Meeting: Department Staff Recommendation Report Available: 9/29/17 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: 9/18/17 at 4 PM 10/5/17 at 1 PM 10/10/17 at 5 PM 10/17/17 at 5 PM 10/24/17 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., Council Chambers, 117 W. Duval St. City Council and LUZ Public Hearings: City Hall at St. James Bldg., Council Chambers, 117 W Duval St. Additional Information Citizen input may be submitted to the Department prior to the recommendation of the Staff Report. Additional opportunities for citizen input are available at the public hearings. Such input is encouraged. General procedures: City Council public hearings are formal hearings with a three (3) minute limit on speaking and no general discussion. Planning Commission public hearings are considered a public meeting/technical review and advisory recommendation to the Land Use and Zoning Committee (LUZ); speakers are permitted at the discretion of the Chair. Land Use and Zoning Committee public hearings are formal hearings, and all testimony will be heard. LUZ recommends a proposed final action to the full City Council; the Planning and Development Department staff and the applicant/ representative should be present for provision of information needed. The applicant is required to post and maintain signs at intervals of approximately 200 feet along all street sides of land in full view of the public or, if there is no frontage on a public street, on the nearest street right-of-way with a notation indicating the direction and distance to the property subject to the application, within 15 working days after an application has been determined complete by the Department. If signs are not posted, citizens are requested to notify the Department. Copies of the application and Department reports are maintained by the Planning and Development Department and the City Council Division of Legislative Services and are open to public inspection. All interested persons wishing to submit testimony, written comments, or other evidence in this matter should submit same to the City Council Division of Legislative Services and/or appear at the public hearing. Additional information is available at or on the web at CLICK ON: 2017C-017 Planning and Development Department Community Planning Division 214 North Hogan Street, Suite 300 Jacksonville, FL 32202

3 RESIDENTIAL The residential categories primarily allow for single-family dwellings, multi-family dwellings, group homes, foster care facilities, community residential homes and other congregate living facilities in appropriate locations. Not included are hotels, motels, campgrounds, travel trailer parks for the transient population, and similar other commercial facilities. Also excluded are facilities such as jails, prisons, hospitals, sanitariums and similar other facilities and dormitories, etc. Areas depicted for residential uses are shown under four residentially dominated plan categories; Rural Residential (RR), Low Density Residential (LDR), Medium Density Residential (MDR), and High Density Residential (HDR). Various housing types, ranging from detached single-family dwelling units to attached multi-family structures are allowed in the various categories. In order to encourage infill and redevelopment on existing lots of record within the Urban Development Areas (UPA and UA), the net density may exceed the allowable gross density limitation specified herein, provided such density is consistent with the applicable Land Development Regulation for such area. Pre-existing residential units may be restored to residential use at their original or historically significant (i.e., as existing 50 years previous) density, regardless of the land use plan category, as long as there is not an adopted Neighborhood Action Plan recommending against it and they are made consistent with all other applicable Land Development Regulations for the area. Achievement of the density ranges of the various categories will only be permitted when full urban services are available to the development site, subject to the provisions of this and other applicable elements of the 2030 Comprehensive Plan. It is not the intent of this plan to permit maximum allowable densities throughout the area depicted for a particular land use category on the Future Land Use Map series. Land Development Regulations that will be developed to implement the plan shall ensure that several development districts are established within each residential category to allow a variety of lot sizes and development densities. Accordingly, the average residential density in each category will be much lower than the maximum allowable density. Notwithstanding the density limitation of the residential categories, one dwelling unit will be permitted on any nonconforming lot of record, which was existing on the effective date of the 2010 Comprehensive Plan. Development on such nonconforming lots of record shall be subject to all other plan provisions. Residential Secondary Uses: The following secondary uses are permitted in all residential land use categories subject to the provisions of this and other elements of the 2030 Comprehensive Plan: Neighborhood supporting recreation facilities and public facilities, such as Schools, Churches and places of worship, Day care centers, Fire stations, Libraries, Community centers, Essential services, as well as supporting commercial retail sales and service establishments and Home occupations. Golf, yacht, tennis and country clubs; Driving ranges; Community residential homes; Cemeteries and mausoleums but not funeral homes or mortuaries; Bed and breakfast establishments in appropriate locations in the designated historic residential districts. In addition to the above, the following secondary uses may be permitted subject to the provisions of each residential land use category: Nursing homes; Emergency shelter homes; Foster care homes; Rooming houses; Residential treatment facilities; Private clubs; Animals other than household pets; Borrow pits; and Drive through facilities associated with a permitted use. In order to encourage a more compact development pattern, mixed use, Traditional Neighborhood Design (TND), planned unit and cluster developments are allowed in all plan categories allowing predominantly residential uses. These types of conditionally controlled developments, whether at a development of regional impact (DRI) scale or below, shall meet the connectivity criteria of this element but are exempt from application of the nodal and roadway classification criteria of this element in their internal site designs. Not all principal or secondary uses stated above are permitted in all residential land use categories. The intensity and range of uses permitted in a specific land use category are subject to the provisions of this and other elements of the 2030 Comprehensive Plan, and all applicable Land Development Regulations. LDR Suburban Development Area May 2014

4 New neighborhood commercial uses shall not be allowed, as secondary uses, where such uses would constitute an intrusion into an existing single-family neighborhood. Low Density Residential (LDR) LDR - GENERAL INTENT 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 (SA) INTENT LDR in the Suburban Area is intended to provide for low density residential development. 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. LDR - SUBURBAN AREA DENSITY The maximum gross density in the Suburban Area shall be 7 units/acre when full urban services are available to the site and there shall be no minimum density; except as provided herein. The maximum gross density shall be 2 units/acre and the minimum lot size shall be half an acre when both centralized potable water and wastewater are not available. The maximum gross density shall be 4 units/acre and the minimum lot size shall be ¼ of an acre if either one of centralized potable water or wastewater services are not available. LDR - SUBURBAN AREA DEVELOPMENT CHARACTERISTICS New LDR subdivisions should meet a standard of connectivity as defined in this element and cul-de-sacs should be avoided. LDR Suburban Development Area May 2014

5 INDUSTRIAL Industrial uses are generally considered to be the most likely to create unacceptable impacts on residential areas. Noise, odors, toxic chemicals and wastes, and transportation conflicts are all associated with traditional industrial uses. Industrial uses are crucial to the long term economic well-being of the City. Existing strategically located industrial lands are identified on the Industrial Preservation Map (Map L-23) as Industrial Sanctuary or Areas of Situational Compatibility. These areas are presumed to be appropriate for land use map amendments to industrial categories, subject to Objective 3.2 and supporting policies as well as other applicable objectives and policies of this element. The plan includes four industrial land use categories: Business Park (BP), Light Industrial (LI), Heavy Industrial (HI), and Water Dependent-Water Related (WD-WR). Although some industries produce adverse impacts, and should therefore be isolated away from residential and other low intensity use areas, many industrial uses can exist in harmony with non-industrial neighbors through proper site design, arrangement of uses and the incorporation of effective buffers. Business parks, for example, may include such light industrial uses as research and product development, communications facilities, light assembly and manufacturing, and even some types of warehousing. Industrial Secondary Uses: All public facilities and non-residential uses permitted in residential and commercial land use categories may also be permitted as secondary uses in industrial land use categories, with the exception that, consistent with the Public School Facilities Element, public schools are not permitted in the Heavy Industrial Category. Not all principal or secondary uses stated above will be permitted in all industrial categories. The type, intensity and range of uses permitted in a specific industrial category is subject to the provisions of this and other elements of the 2030 Comprehensive Plan and all applicable Land Development Regulations. LIGHT INDUSTRIAL (LI) LI - GENERAL INTENT Light Industrial (LI) is a category which provides for the location of industrial uses which have fewer objectionable impacts than Heavy Industrial (HI) on residential areas such as noise, odor, toxic chemical and wastes. Site access to roads classified as collector or higher on the Highway Functional Classification Map is preferred; except for sites located within the DIA s jurisdictional boundaries. LI - 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; and graduated height restrictions to affect elements such as height, scale, mass and bulk of structures, vehicular traffic and associated airborne debris, circulation, access and parking impacts, landscaping, lighting, noise and odor. In addition, all development on sites which abut a Residential land use designation shall provide the following: A scale transition as defined and illustrated in this element. However, scale transition shall not be required where the Industrial Sanctuary or Situational Compatibility overlay zone buffer requirements, pursuant to Section of the City of Jacksonville Zoning Code, exceed the buffers required under Part 12 of the City of Jacksonville Zoning Code. LI-All Development Areas May 2014 Page 1 of 2

6 Elements such as yards, buffers, 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 from adjacent uses. LI - GENERAL USES The uses provided herein shall be applicable to all LI sites in all Development Areas. Principal Uses Light assembly and manufacturing; Packaging; Processing; Manufacturing of paints, enamels and allied products; Concrete batching plants; Storage/warehousing; Research and development activities; Transportation terminals; Radio/T.V. studios; Transmission and relay towers; Yard waste composting; Recycling facilities; Business/professional offices; Medical clinics; Veterinary offices; and Vocational/trade schools and building trade contractors. Existing dwellings which were legally built as single or multi-family dwellings prior to adoption of the 2030 Comprehensive Plan are allowed within this category. Secondary Uses Secondary uses shall be permitted pursuant to the Industrial land use introduction. In addition, the following secondary uses may also be permitted: Railroad yards; Truck terminals; Bus and rail stations; Solid waste management facilities including composting and recycling operations; Institutional uses and public facilities; Utility plants and facilities; Broadcasting studios including transmitters; and Telephone and cellular phone towers. LI-All Development Areas May 2014 Page 2 of 2

7 Residential Rural-Acre (RR-Acre) District (a) Permitted uses and structures. (1) Single-family dwellings. (2) Foster care homes. (3) Community residential homes of six or fewer residents meeting the performance standards and development criteria set forth in Part 4. (4) Family day care homes meeting the performance standards and (5) Essential services, including water, sewer, gas, telephone, radio, television and electric, meeting the performance standards and (6) Churches, including a rectory or similar use, meeting the performance standards and development criteria set forth in Part 4. (7) Golf courses meeting the performance standards and (8) Neighborhood parks, pocket parks, playgrounds or recreational structures which serve or support a neighborhood or several adjacent neighborhoods, meeting the performance standards and (9) Country clubs meeting the performance standards and (10) Animals, other than household pets, meeting the performance standards and (11) Home occupation meeting the performance standards and (b) Permitted accessory uses and structures. See Section (c) Permissible uses by exception. (1) Cemeteries and mausoleums but not funeral homes or mortuaries. (2) Schools meeting the performance standards and development criteria set forth in Part 4. (3) Excavations, Lakes, and Borrow pits subject to the regulations contained in Part 9. (4) Bed and breakfast establishments meeting the performance standards and Page 1 of

8 (5) Essential services, including water, sewer, gas, telephone, radio, television and electric, meeting the performance standards and (6) Day care centers meeting the performance standards and (7) Churches, including a rectory or similar use, meeting the performance standards and development criteria set forth in Part 4. (8) Home occupations meeting the performance standards and (d) Minimum lot requirements (width and area). For single-family dwellings and mobile homes, the minimum lot requirements (width and area), except as an otherwise required for certain other uses, are as follows: (1) Width 100 feet. (2) Area 43,560 square feet. (e) (f) (g) Maximum lot coverage by all buildings and structures. 25 percent. Minimum yard requirements. The minimum yard requirements for all permitted or permissible uses and structures are as follows: (1) Front 25 feet. (2) Side Ten feet. (3) Rear Ten feet. Maximum height of structures. 35 feet. Page 2 of

9 Industrial Light (IL) District (a) Permitted uses and structures. (1) Wholesaling, warehousing, storage or distribution establishments (but not concrete batch mixing plants) and similar uses. (2) Light manufacturing, processing (including food processing but not slaughterhouse), packaging or fabricating. (3) Printing, publishing or similar establishments. (4) Business and professional offices. (5) Service establishments catering to commerce and industry, including linen supply, laundry and dry cleaning plants, freight movers, communications services, business machine services, hiring and union halls, employment agencies, sign companies. (6) Restaurants, (regulated by DBPR - Division of Hotels and Restaurants) including retail sale and service of beer and wine for consumption on premises (7) Automobile service stations, major repair garages, mobile car detailing, auto laundry, and automated car wash meeting the performance standards and (8) Vocational, technical, trade or industrial schools and similar uses. (9) Medical clinics. (10) Freight, bus, trucking, shipping or other transportation terminals, commercial parking lots and garages, truck stops, express offices and terminal facilities and telephone exchanges, repair or installation facilities and similar uses. (11) Radio or television broadcasting offices, studios, transmitters, telephone and cellular telephone towers. (12) Scrap processing, indoor, clean activity, meeting the performance standards and (13) Bulk storage yards, (but not concrete batch mixing plants) including bulk storage of flammable liquids and acids if storage not within a completely enclosed building or structure is visually screened by a sixfoot fence or wall not less than 95 percent opaque. (14) Building trades contractors with outside storage yards and heavy construction equipment if storage, including heavy construction machinery, not within a completely enclosed building or structure, is visually screened by a six-foot fence or wall not less than 95 percent opaque. Page 1 of

10 (15) Outdoor storage yards and lots including auto storage yards (but not scrap processing yards or concrete batch mixing plants) if storage is completely enclosed by a six-foot fence or wall not less than 95 percent opaque. (16) Retail outlets in conjunction with wholesaling establishments if the area designated for retail sales does not exceed ten percent of the gross floor area of the building of which it is a part. (17) Banks, including drive-thru tellers. (18) Recycling facilities meeting the performance standards and (19) Retail sales of heavy machinery, farm equipment and building materials including outside display. (20) Essential services, including water, sewer, gas, telephone, radio and electric, meeting the performance standards and development criteria set forth in Part 4. (21) Veterinarians, animal boarding, and dog parks meeting the performance standards and (22) 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. (23) The processing of Low-THC Cannabis for medicinal use by a State authorized Processing Facility, pursuant to F.S , and Ch. 64-4, F.A.C., and meeting the performance standards and (24) The dispensing of Low-THC Cannabis in conjunction with the processing of Low-THC Cannabis, for medicinal use by a State authorized Dispensing Facility, pursuant to F.S , and Ch. 64-4, F.A.C., and meeting the performance standards and (b) Permitted accessory uses. (1) See Section (2) Residential facilities (including not more than one mobile home) located on the same premises as an industrial use for the use of watchmen or caretakers whose employment requires residence on the premises. Page 2 of

11 (c) Permissible uses by exception. (1) An industrial or commercial use which is not otherwise permitted or permissible in this Zoning Code, except the following: (i) (ii) (iii) (iv) (v) (vi) (vii) Acid, chemical, fertilizer or insecticide manufacture or storage. Explosives manufacturing or storage. Paint, oil (including linseed), shellac, turpentine, lacquer or varnish manufacture. Paper and pulp manufacture. Petroleum refining. Stockyards or feeding pens and livestock auctions. A use which is potentially dangerous, noxious or offensive to neighboring uses or the public in general by reason of smoke, odor, noise, flare, fumes, gas, vibration, threat of fire or explosion, emission of particulate matter or radiation. (2) Recycling facilities and yards meeting the performance standards and (3) Care centers meeting the performance standards and development criteria set forth in Part 4. (4) Churches, including a rectory and similar uses, meeting the performance standards and (5) Retail sales and service of all alcoholic beverages for either offpremises consumption or on-premises consumption or both. (6) Retail sales including outside display. (7) Yard waste composting facility including the mulching process, meeting the performance standards and development criteria set forth in Part 4. (8) Indoor facilities operated by a licensed pari-mutuel permitholder, adult arcade amusement centers operated by a licensed permitholder, or game promotions or sweepstakes utilizing electronic equipment, meeting the performance standards and development criteria set forth in Part 4, drawings by chance conducted in connection with the sale of a consumer product or service utilizing electronic equipment, meeting the performance standards and development criteria set forth in Part 4, and similar uses. (9) Manual car wash. (d) Minimum lot requirements (width and area). None. Page 3 of

12 (e) Maximum lot coverage by all buildings. None. (f) Minimum yard requirements. None. (g) Maximum height of structures. None. (h) Limitations on permitted and permissible uses by exception. All of the permitted and permissible uses by exception in the IL Zoning District, other than outside storage shall be conducted within an enclosed building. Page 4 of

13 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) 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) RLD-50 (Residential Low Density-50) RLD-TND (Residential Low Density-TND) RLD-TNH (Residential Low Density-TNH) RLD-50 (Residential Low Density-50) CO (Commercial Office) RLD-60 (Residential Low Density-60) CRO (Commercial, Residential and Office) RLD-TND (Residential Low Density-TND) CN (Commercial Neighborhood) RLD-TNH (Residential Low Density-TNH) AGR (Agriculture) RMD-A (Residential Medium Density-A) PBF-1 (Public Buildings and Facilities-1) RMD-B (Residential Medium Density-B) RMD-C (Residential Medium Density-C) RMD-D (Residential Medium Density-D) RMD-MH (Residential Medium Density-MH) RMD-D (Residential Medium Density-D) CO (Commercial Office) RHD-A (Residential High Density-A) CRO (Commercial, Residential and Office) RHD-B (Residential High Density-B) CN (Commercial Neighborhood) COMMERCIAL LAND USE CATEGORIES CCG-1 (Commercial Community/General-1) PBF-1 (Public Buildings and Facilities-1) Source: Jacksonville Planning and Development Department March 2, 2012 CSV PUD (Conservation) (Planned Unit Development) RMD-D (Residential Medium Density-D) RLD-60 (Residential Low Density-60) CO (Commercial Office) RMD-A (Residential Medium Density-A) CRO (Commercial, Residential and Office) RMD-B (Residential Medium Density-B) RMD-C (Residential Medium Density-C) RMD-D (Residential Medium Density-D) RMD-MH (Residential Medium Density-MH) AGR (Agriculture) CN (Commercial Neighborhood) PBF-1 (Public Buildings and Facilities-1) CO (Commercial Office) CRO (Commercial, Residential and Office) CN (Commercial Neighborhood) AGR (Agriculture) PBF-1 (Public Buildings and Facilities-1) 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) CCG-2 (Commercial Community/General-2) ROS (Recreation and Open Space)

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

15 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.

16 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

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