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: L C 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: 1819 HUBBARD ST 1825 HUBBARD ST General Location: SPRINGFIELD Applicant: DAVID SHACTER 1334 WALNUT ST JACKSONVILLE, FL Land Use Ordinance #: Rezoning Ordinance #: Date Filed: December 04, 2018 Land Use Acreage: 0.20 acres Zoning Acreage: 0.20 acres Development Area: URBAN PRIORITY AREA Current Land Use Category: CGC Current Zoning District: CCG-S Proposed Land Use Category: MDR Proposed Zoning District: RMD-S 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: 2/1/2019 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: 1/14/2019 at 4 PM 2/7/2019 at 1 PM 2/12/2019 at 5 PM 2/20/2019 (Wednesday) at 5 PM 2/26/2019 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: L C Planning and Development Department Community Planning Division 214 North Hogan Street, Suite 300 Jacksonville, FL 32202

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

4 A scale transition as defined and illustrated in this element. When developing mixed uses, residential uses shall be arranged on the site to provide a use transition between new non-residential uses and the protected abutting residential land uses to the greatest extent feasible. Elements such as yards, open space, at-grade parking and perimeter walls shall be arranged, designed and landscaped in a manner compatible with adjacent areas to serve as a visual buffering element. CGC - URBAN PRIORITY AREA (UPA) INTENT CGC in the Urban Priority Area is intended to provide compact development which should generally be developed in nodal and corridor development patterns while promoting the revitalization or advancement of existing commercial districts and the use of existing infrastructure through infill development and redevelopment. Development that includes residential uses is preferred to provide support for commercial and other uses. A combination of compatible mixed uses should be vertically integrated within a multistory building. Plan amendment requests for new CGC designations are preferred in locations which are supplied with full urban services and which abut a roadway classified as an arterial or higher on the Functional Highway Classification Map. CGC - URBAN PRIORITY AREA USES The uses provided herein shall be applicable to all CGC sites within the Urban Priority Area. Principal Uses Commercial retail sales and service establishments including auto sales; Restaurants; Hotel and motel; Office, Business and Professional Office including veterinary office; Financial institutions; Multifamily dwellings; Live/Work Units; Commercial recreational and entertainment facilities; Off street parking lots and garages; Filling stations; and Uses associated with and developed as an integral component of TOD. Residential uses shall not be the sole use and shall not exceed 80 percent of a development. Existing dwellings which were legally built as single or multi-family dwellings prior to adoption of the 2030 Comprehensive Plan are allowed within this category. Adult entertainment facilities are allowed by right only in Zoning District CCG-2. Secondary Uses Secondary uses shall be permitted pursuant to the Commercial land use introduction. In addition, the following secondary uses may also be permitted: Group care facilities; Criminal justice facilities; Dude ranches; Riding academies; Private camps; Camping grounds; Shooting ranges; Fishing and hunting camps; Fairgrounds; Race tracks; Stadiums and arenas; Transit stations; Transportation terminals and facilities (but not freight or truck terminals); Personal property storage establishments; Crematoria; Blood donation and plasma centers; Building trade contractors; Rescue missions; and Day labor pools. Accessory Uses Warehousing, light manufacturing and fabricating may be permitted provided it is part of a commercial retail sales or service establishment, and the accessory use shall be located on a road classified as collector or higher on the Functional Highway Classification Map. CGC Urban Priority Development Area May 2014 Page 2 of 3

5 CGC - URBAN PRIORITY AREA DENSITY The maximum gross density in the Urban Priority Area shall be 60 units/acre and the minimum gross density shall be 20 units/acre; except as provided herein. For sites abutting Low Density Residential (LDR), the maximum gross density shall be 20 units/acre and there shall be no minimum density. Transit-Oriented Developments (TOD) shall provide a minimum gross density of 20 units/acre; and may increase the maximum gross density by an additional 20 units/acre; except for sites abutting Low Density Residential (LDR), in which case the maximum gross density shall be 20 units/acre. For sites within the Coastal High Hazard Area (CHHA) the maximum gross density shall be 20 units/acre unless appropriate mitigation is provided consistent with the City s CHHA policies. There shall be no minimum density for single family dwellings which were originally constructed as single family dwellings prior to adoption of the 2030 Comprehensive Plan. The maximum density shall be ten units per acre and there shall be no minimum density where this category has been established by a small scale land use amendment, unless otherwise authorized under a Planned Unit Development (PUD) rezoning that is approved pursuant to Future Land Use Element Policy A. CGC - URBAN PRIORITY AREA DEVELOPMENT CHARACTERISTICS The development characteristics provided herein shall be applicable to all CGC sites within the Urban Priority Area. A combination of compatible mixed uses should be vertically integrated within a multistory building. Developments on sites greater than 30 acres should incorporate urban development characteristics as defined in this element. Residential uses shall not be permitted on the ground floor abutting roads classified as arterials or higher on the Functional Highway Classification Map. Developments shall, to the greatest extent possible, be massed along the highest abutting classified road on the Functional Highway Classification Map. Uses shall be sited in a manner to promote internal pedestrian and vehicle circulation and ease of access between abutting uses and sites and to limit the number of driveway access points on roads classified as arterials on the Functional Highway Classification Map. To promote a more compact, pedestrian-friendly environment, off street parking shall be located behind or to the side of buildings to the greatest extent possible. Structured parking is encouraged, provided it is integrated into the design of the overall development and is compatible with surrounding neighborhoods. CGC Urban Priority Development Area May 2014 Page 3 of 3

6 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. MDR Urban Priority Development Area May 2014

7 New neighborhood commercial uses shall not be allowed, as secondary uses, where such uses would constitute an intrusion into an existing single-family neighborhood. Medium Density Residential (MDR) MDR - GENERAL INTENT Medium Density Residential (MDR) is a category intended to provide compact medium to high density residential development and transitional uses between low density residential uses and higher density residential uses, commercial uses and public and semi-public use areas. Multi-family housing such as apartments, condominiums, townhomes and rowhouses should be the predominant development typologies in this category. Development within the category should be compact and connected and should support multi-modal transportation. Mixed use developments utilizing the Traditional Neighborhood Development (TND) concept and Transit Oriented Development (TOD) are permitted. 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. MDR - 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. Elements such as yards, open space, at-grade parking and perimeter walls shall be arranged, designed and landscaped in a manner compatible with adjacent areas to serve as a visual buffering element. MDR - URBAN PRIORITY AREA (UPA) INTENT MDR in the Urban Priority Area is intended to provide compact medium to high density mixed use development. Plan amendment requests for new MDR designations are preferred in locations which are supplied with full urban services and in locations which serve as a transition between commercial and residential land uses. MDR - URBAN PRIORITY AREA USES The uses provided herein shall be applicable to all MDR sites within the Urban Priority Area. MDR Urban Priority Development Area May 2014

8 Principal Uses Multi-family dwellings; Single-family dwellings when the predominant surrounding development typology within the MDR category is single-family; 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 or TOD. Secondary Uses Secondary uses shall be permitted pursuant to the Residential land use introduction. In addition, the following secondary uses may also be permitted: Single-family dwellings; Nursing homes; Emergency shelter homes; Foster care homes; Rooming houses; Residential treatment facilities; Private clubs; 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. MDR - URBAN PRIORITY AREA DENSITY The maximum gross density in the Urban Priority Area shall be 20 units/acre and the minimum gross density shall be greater than 7 units/acre; except as provided herein. The maximum gross density shall be 40 units/acre when there is a supporting neighborhood plan or study; except for sites abutting Low Density Residential (LDR) and for sites within the Coastal High Hazard Area (CHHA), unless appropriate mitigation is provided consistent with the City s CHHA policies, the maximum gross density shall be 20 units/acre. In the absence of the availability of centralized water and sewer, the gross density of development permitted in this category shall be the same as allowed in LDR without such services. There shall be no minimum density for single family dwellings when the predominant surrounding development typology within the MDR category is single family or when single-family dwellings are permitted as a secondary use. MDR - URBAN PRIORITY AREA DEVELOPMENT CHARACTERISTICS The development characteristics provided herein shall be applicable to all MDR sites within the Urban Priority Area. Development massing should generally be evenly distributed throughout the site to the greatest extent possible, except as otherwise required by the General Neighborhood Protection provisions of the MDR category. 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. MDR Urban Priority Development Area May 2014

9 Commercial Community/General-Springfield (CCG-S) District (a) Permitted uses and structures. (1) Retail outlets for sale of food and drugs, wearing apparel, toys, sundries and notions, books and stationery, leather goods and luggage, jewelry (including watch repair) art, cameras or photographic supplies (including camera repair), sporting goods, hobby shops and pet shops (but not animal boarding kennels), musical instruments, florist or shops, delicatessens, bakeries (but not wholesale bakeries), home furnishings and appliances (including repair incidental to sales), office equipment or furniture, antiques, hardware, new automobile parts (including rebuilt parts not installation, repair or rebuilding of parts) and accessories and similar uses. (2) Service establishments such as barber or beauty shops, shoe repair shops, restaurants, interior decorators, reducing salons or gymnasiums, self-service laundries or dry cleaners, tailors or dressmakers, laundries or dry cleaning pickup stations, dry cleaning and laundry package plants in completely enclosed buildings using nonflammable liquids such as perchloroethylene and with no odor, fumes or steam detectable to normal senses from off the premises, radio and television broadcasting offices and studios, communication antennas, funeral homes, marinas, blueprinting, job printing (but not newspaper), radio and television repair shops, travel agencies, employment offices, (but not day labor pools), home equipment rental and similar uses. (3) Banks (including drive-thru tellers), loan companies, mortgage brokers, stockbrokers and similar financial institutions. (4) All types of professional and business offices, newspaper offices (but not printing), employment offices, union halls, buildings trades contractors (not requiring outside storage or the use of a vehicle in excess of one-ton capacity or equipment, machinery, ditching machines, tractors, bulldozers or other heavy construction equipment) and similar uses. (5) Original use single-family dwellings. (6) Original use two-family dwellings. (7) Original use multiple-family dwellings. (8) Commercial indoor recreational or entertainment facilities such as bowling alleys, swimming pools, indoor skating rinks, theaters Page 1 of

10 (including motion picture theaters but not open-air theaters), and similar uses (but not dance halls). (9) Art galleries, museums, community centers, music, photography, gymnastics, karate and martial arts studios, theaters for stage performances (but not motion picture theaters) dance, art, vocational, trade or business schools and similar uses. (10) Homes for aged and orphans. (11) Nursing homes. (12) Day care centers or care centers meeting the performance standards and development criteria set forth in Part 4 of the Zoning Code. (13) Off-street commercial parking lots meeting the performance standards and criteria set forth in Part 4 of the Zoning Code and the Springfield performance standards and development criteria set forth in Section (14) Hospitals, sanitariums and similar uses. (15) An establishment or facility which includes the retail sale and service of beer or wine for off-premises consumption or for on-premises conjunction with the service of food which is ordered from a menu and prepared or served for pay for consumption on-premises. (16) Retail plant nurseries (including outside display but not landscape contractors requiring heavy equipment or vehicles in excess of one-ton capacity). (17) Veterinarians meeting the performance standards and development criteria set forth in Part 4 of the Zoning Code. (18) Retail outlets for the sale of used wearing apparel, toys, books, luggage, jewelry, cameras, sporting goods, home furnishings and appliances, furniture and similar uses. (19) Essential services, including water, sewer, gas, telephone, radio, television and electric, meeting the performance standards and development criteria set forth in Part 4 of the Zoning Code. (20) Churches, including a rectory or similar use. (21) Schools meeting the performance standards and development criteria set forth in Part 4 of the Zoning Code. (b) Permitted accessory uses and structures. In addition to the requirements of Section , the following are also permitted accessory uses and structures: Page 2 of

11 (1) Interior apartments in conjunction with any other permitted use if such apartments are limited to the second story of the building or to under 50 percent of the building ground floor area. (2) Pay phones meeting the Springfield supplemental standards and development criteria set forth in Section (3) Satellite dishes meeting the Springfield supplemental standards and development criteria set forth in Section (4) Vending machines meeting the Springfield supplemental standards and development criteria set forth in Section (c) Permissible uses by exception. (1) An establishment or facility which includes the retail sale and service of all alcoholic beverages including liquor, beer or wine for onpremises consumption or off-premises consumption or both, including permanent or restricted outside sale and service, meeting the performance standards and development criteria set forth in Part 4 of the Zoning Code. (2) New multiple-family structures. (3) Live-work lofts meeting the criteria set forth in Section (4) Crematories. (5) Service stations, service garages for minor repairs and car washer. (6) Recycling collection points meeting the performance standards and development criteria set forth in Part 4 of the Zoning Code. (7) Essential services, including water, sewer, gas, telephone, radio, television and electric, meeting the performance standards and development criteria set forth in Part 4 of the Zoning Code. (8) Private clubs. (9) Restaurants with the outside sale and service of food meeting the performance standards and development criteria set forth in Part 4 of the Zoning Code. (10) Billiard parlors. (d) Intensive uses. (1) Special uses. Special uses include residential treatment facilities, rooming houses, emergency shelter homes, group care homes, community residential homes of seven or more residents. New special uses are not allowed Page 3 of

12 in the districts and existing uses must conform to standards for special uses in Section (2) Automotive uses. Existing automotive-related uses, including auto repair, auto sales, tire stores, and similar uses, must conform to the following standards within three years from the effective date of this ordinance: (A) (B) (C) (D) (E) No outdoor storage or car display is allowed unless it is screened from adjacent residences by a wall, fence or hedge. This visual screen must be at least six (6) feet in height and at least 85 percent opaque. Any new outdoor car display or temporary storage of properly licensed automobiles and pick-up trucks must be screened from a public street by wrought iron style fencing of iron, steel, or aluminum construction with vertical pickets, or by a combination of a masonry retaining wall with wrought iron style fencing, which fencing shall be located within ten (10) feet of the public right-of-way. Hours of operation are limited to 7:00 a.m. to 7:00 p.m.; and Parking of cars and storage of material is not allowed on public right-of-ways, sidewalks, and adjacent properties. Facilities that are adjacent to residentially zoned property or that are located across a public right-of-way or alley from residentially zoned property must perform activities that produce sustained and objectionable noise solely within soundproofed buildings or within buildings with bays that do not face residentially-zoned properties. (e) Minimum lot requirements (width and area). None, except as otherwise required for certain uses. (f) Maximum lot coverage by all buildings. None, except as otherwise required for certain uses. (g) Minimum yard requirements. (1) Front setback: None, maximum ten feet. (2) Side setback: None, if the building on the adjacent lot is built to the property line or if the adjacent lot is vacant. Unless no space is left between buildings on adjacent lots, a space of not less than six feet Page 4 of

13 shall be provided between buildings. Where the lot is adjacent to a residential district, a minimum setback of 15 feet shall be provided. (3) Rear setback: 15 feet. (h) Maximum height of structures. (1) Principal structures: 45 feet. (2) Accessory structures shall be no higher than principal structures. (i) Building width: Building width must exceed 70 percent of lot width. (j) Limitations on permitted uses or permissible uses by exception. All of the permitted and permissible uses by exception in the CCG-S District are subject to the following provisions: (1) Sales, service and display, preparation and storage shall be conducted within a completely enclosed building, unless otherwise provided for. (k) Number of off-street parking spaces required No minimum parking is required, except for churches with more than 50 sanctuary seats, which must provide at least 50 percent of the minimum number of off-street parking spaces required pursuant to Part 6 of the Zoning Code, and multiple-family and live-work loft uses, which must provide at least 80 percent of the minimum number of off-street parking spaces required pursuant to Part 6 of the Zoning Code. (l) Special parking standards (1) The number of parking spaces provided shall not exceed the minimum number of parking spaces required under Part 6 of the Zoning Code. (2) On-site or off-site parking areas are allowed within 30 feet of a street right-of-way if a wall is provided parallel to the right-of-way. This wall shall be located within ten feet of the right-of-way or shall generally follow the front wall of surrounding buildings. The wall shall be a threefoot high solid wall with a three-foot high metal picket fence on top of the wall. Page 5 of

14 Residential Medium Density-Springfield (RMD-S) District (a) Permitted uses and structures. (1) Single-family dwellings. (2) New two-family dwellings meeting the performance standards and development criteria set forth in this Section. (3) Original use two-family dwellings. (4) Original use multiple-family dwellings. Such dwellings cannot include more units than were within the structure at the time of construction. (5) Community residential homes of six or fewer residents meeting the performance standards and development criteria set forth in Part 4 of the Zoning Code and the special use criteria set forth in Section (6) Housing for the elderly meeting the criteria for special uses set forth in Section (7) Family day care homes meeting the performance standards and development criteria set forth in Part 4 of the Zoning Code. (8) Foster care homes. (9) Essential services, including water, sewer, gas, telephone, radio, television and electric, meeting the performance standards and development criteria set forth in Part 4 of the Zoning Code. (10) Churches, including a rectory or similar use, meeting the performance standards and development criteria set forth in Part 4. (11) Neighborhood parks, pocket parks, playgrounds or recreational structures which serve or support a neighborhood or several adjacent neighborhoods, meeting the performance standards and development criteria set forth in Part 4 of the Zoning Code. (12) Bed and breakfast establishments meeting the performance standards and development criteria set forth in Part 4 of the Zoning Code. (b) Permitted accessory uses and structures. (1) Interior apartments in connection with single-family, owner-occupied properties, meeting the Springfield performance standards and development criteria set forth in Section (2) Free-standing garages. Page 1 of

15 (3) One free-standing garage apartment in connection with single-family, owner-occupied properties, meeting the Springfield performance standards and development criteria set forth in Section (4) Original use garage apartments contributing structures only. (5) Home occupations meeting the Springfield performance standards and development criteria set forth in Section (6) Pay phones meeting the Springfield supplemental standards and development criteria set forth in Section (7) Satellite dishes meeting the Springfield supplemental standards and development criteria set forth in (8) Vending machines meeting the Springfield supplemental standards and development criteria set forth in Section (c) Permissible uses by exception. (1) Historic use two-family dwellings, with a COA also required after granting of exception. (2) Historic use multiple-family dwellings, with a COA also required after granting of exception. (3) Elementary and secondary schools meeting the performance standards and development criteria set forth in Part 4 of the Zoning Code. (4) Essential services, including water, sewer, gas, telephone, radio, television and electric, meeting the performance standards and development criteria set forth in Part 4 of the Zoning Code. (5) Nursing homes meeting the criteria for special uses set forth in Section (6) Private clubs. (7) Day care centers meeting the performance standards and development criteria set forth in Part 4 of the Zoning Code. (8) Churches, including a rectory or similar use, meeting the performance standards and development criteria set forth in Part 4. (9) Home occupations meeting the Springfield performance standards and development criteria set forth in Section (d) Special uses. Special uses include residential treatment facilities, rooming houses, emergency shelter homes, group care homes, and community residential homes of over six residents. New special uses are not allowed in the district Page 2 of

16 and existing special uses must conform to the standards set forth in Section (e) Minimum lot requirements (lot width and area). For single-family dwellings and multiple-family dwellings the minimum lot requirements (width and area), except as otherwise required for certain other uses, are as follows: (1) Single-family dwellings (A) (B) Lot width: 25 feet. Lot area: 2,500 square feet. (2) Two-family dwellings: (A) (B) (3) All other uses: (A) (B) Lot width: 75 feet. Lot area: 9,000 square feet. Lot width: 75 feet. Lot area: 9,000 square feet. (f) Minimum building size for (new) two-family dwellings. 2,250 square feet. (g) Maximum lot coverage by all buildings and structures. 50 percent. (h) Minimum yard requirements. (1) Front setback: Ten-foot minimum and 15-foot maximum or generally compatible with surrounding contributing structures (within 25 percent of average required front yard of adjacent contributing structures). (2) Side setback: 14 percent of lot width, rounded off to the nearest whole number divided equally per side. (3) Rear setback: Ten feet. (4) Garages and garage apartments shall be located within 50 feet of the rear property line, subject further to the following: (A) (B) In the case of a through-lot abutting an alleyway, the alleyway shall be deemed to be the rear property line of the parcel. In any other instance, the garage or garage apartment shall not be located forward of the front plane of the primary structure on the property. Page 3 of

17 (i) Maximum height of structures. (1) Principal structures: 45 feet. (2) Accessory structures shall be no higher than principal structures. (j) Number of off-street parking spaces required. No minimum parking is required, except for churches with more than 50 sanctuary seats, which must provide at least 50 percent of the minimum number of off-street parking spaces required pursuant to Part 6 of the Zoning Code. Page 4 of

18 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) PUD (Planned Unit Development) 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) PUD (Planned Unit Development) 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) PUD (Planned Unit Development) 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) PUD (Planned Unit Development) 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) PUD (Planned Unit Development) 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) PUD (Planned Unit Development)

19 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) PUD (Planned Unit Development) 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) PUD (Planned Unit Development) 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) PUD (Planned Unit Development) 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) PUD (Planned Unit Development) 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) PUD (Planned Unit Development) 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) PUD (Planned Unit Development) IW (Industrial Water) PBF-1 (Public Buildings and Facilities-1) PBF-2 (Public Buildings and Facilities-2) AGR (Agriculture) CSV (Conservation) PUD (Planned Unit Development) OTHER LAND USES CATEGORIES CSV (Conservation) ROS (Recreation and Open Space) AGR (Agriculture) PUD (Planned Unit Development) 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) PUD (Planned Unit Development) 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) PUD (Planned Unit Development) ROS (Recreation and Open Space) PBF-1 (Public Buildings and Facilities-1) AGR (Agriculture) CSV (Conservation) PUD (Planned Unit Development) 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

20 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.