Planning and Development Department Community Planning Division 214 North Hogan Street Ed Ball Building, Suite 300 Jacksonville, Florida 32202 Council Legislative Services Division Jacksonville City Council City Hall at St. James Building 4th Floor, 117 West Duval Street Jacksonville, Florida 32202 Notice of Public Hearings for Proposed Land Use Change **REVISED**Land Use Application Number: 2015A-002 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: 12289 ROUEN COVE DR General Location: SOUTH OF NEW BERLIN ROAD AND EAST OF HOLSTEIN DRIVE AT THE TERMINUS OF ROUEN COVE DRIVE Date Filed: August 06, 2015 Applicant: CURTIS HART 8051 TARA LANE JACKSONVILLE, FL 32216 9049935008 Land Use Ordinance #: 2016-326 Zoning Ordinance #: 2016-327 Land Use Acreage: 16.12 acres Zoning Acreage: 16.32 acres Development Area: SUBURBAN AREA Current Land Use Category: RR Current Zoning District: RR-Acre Proposed Land Use Category: LDR Proposed Zoning District: PUD See reverse side for additional information
Scheduled Public Meeting and Public Hearing Dates Dates subject to change if additional information is needed or if the proposed amendment is deferred. Department Staff Recommendation Report Available: 6/3/2016 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: 6/9/2016 at 1 PM 6/14/2016 at 5 PM 6/21/2016 at 5 PM 6/28/2016 at 5 PM Meeting Locations: Citizen Informational Meeting: Ed Ball Building, 214 N. Hogan St., 8th Floor Room 851 Planning Commission Public Hearing: Ed Ball Building, 214 N. Hogan St., 1st Floor Training Room 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 904-255-7888 or on the web at WWW.COJ.NET/LANDUSE-NOTICES CLICK ON: 2015A-002 Planning and Development Department Community Planning Division 214 North Hogan Street, Suite 300 Jacksonville, FL 32202
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. RR Suburban Development Area May 2014
New neighborhood commercial uses shall not be allowed, as secondary uses, where such uses would constitute an intrusion into an existing single-family neighborhood. RURAL RESIDENTIAL (RR) RR - GENERAL INTENT Rural Residential (RR) is a category intended to provide rural estate residential opportunities in the suburban and rural areas of the City. Generally, single-family detached housing will be the predominant land uses in this category. Density, location and mix of uses shall be pursuant to the Development Areas as set forth herein. RR - SUBURBAN AREA (SA) and RURAL AREA (RA) INTENT Rural Residential (RR) is a category intended to provide rural estate residential opportunities in the Suburban and Rural Areas of the City. Plan amendment requests for new RR designations are preferred in locations which are supplied with full urban services. RR - SUBURBAN AREA and RURAL AREA USES The uses provided herein shall be applicable to all RR sites within the Suburban Area and Rural Area. Principal Uses Single family dwellings. 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; and Drive through facilities in conjunction with a permitted use. RR - SUBURBAN AREA and RURAL AREA DENSITY The maximum gross density in the Suburban Area and Rural Area shall be 2 units/acre when both centralized potable water and wastewater are available to the site; and the maximum gross density shall be 1 unit/acre when served with on-site potable water and wastewater; and there shall be no minimum density. RR Suburban Development Area May 2014
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
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
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 development criteria set forth in Part 4. (5) Essential services, including water, sewer, gas, telephone, radio, television and electric, meeting the performance standards and development criteria set forth in Part 4. (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 development criteria set forth in Part 4. (8) 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. (9) Country clubs meeting the performance standards and development criteria set forth in Part 4. (10) Animals, other than household pets, meeting the performance standards and development criteria set forth in Part 4. (11) Home occupation meeting the performance standards and development criteria set forth in Part 4. (b) Permitted accessory uses and structures. See Section 656.403 (c) (d) 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 development criteria set forth in Part 4. (5) Essential services, including water, sewer, gas, telephone, radio, television and electric, meeting the performance standards and development criteria set forth in Part 4. (6) Day care centers meeting the performance standards and development criteria set forth in Part 4. (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 development criteria set forth in Part 4. 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) 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. (g) Maximum height of structures. 35 feet. February 2012
ORDINANCE NUMBER: 2016-0327 SUMMARY OF PROPOSED PLANNED UNIT DEVELOPMENT (PUD) The Rouen Cove II PUD Application for rezoning 2016-0327 seeks to rezone approximately 16.32± acres of land (R. E. No(s). 106545-0050, 106545-0200 and 106545-0300) located in Council District 2 at 12289 Rouen Cove Drive and 0 New Berlin Road between Holstein Drive and Black Walnut Court, from the Residential Rural-Acre (RR-Acre) District to Planned Unit Development (PUD) District. This new PUD district shall generally permit single family uses. The property is owned by Claude N. Braddock, Jr. and Claude N. Braddock, Jr., et. al. The applicant is Curtis L. Hart, Hart Resources, LLC, 8051 Tara Lane, Jacksonville, FL, 32216; (904) 993-5008. There is a companion application (2015A-002; Ordinance 2016-0326) for a proposed Large-Scale amendment to the Future Land Use Map series (FLUMs) of the 2030 Comprehensive Plan to change the Future Land Use designation of the property from Rural Residential (RR) to Low Density Residential (LDR). Note: Please be advised that a copy of the full written description is available from the Planning and Development Department upon request or may be reviewed at the Department or in the City Council Legislative Services Division. Due to the limitations of copying larger site plans to 8½ x 11 inch size for mailing purposes, the site plans contained in the mailed notice may be difficult to read and any individuals interested in reviewing the site plan are encouraged to view the original site plan maintained by the Department.
2030 COMPREHENSIVE PLAN S RELATIONAL LISTING OF LAND USE CATEGORIES & ZONING DISTRICTS Land Use Categories Primary Zoning Districts Secondary Zoning Districts RESIDENTIAL LAND USE CATEGORIES RR (Rural Residential) LDR (Low Density Residential) MDR (Medium Density Residential) HDR (High Density Residential) RPI (Residential-Professional-Institutional) NC (Neighborhood Commercial) CGC (Community/General Commercial) RR-Acre (Residential Rural-Acre) CO (Commercial Office) RLD-120 (Residential Low Density-120) CN (Commercial Neighborhood) RLD-100A (Residential Low Density-100A) AGR (Agriculture) RR-Acre (Residential Rural-Acre) RMD-A(Residential Medium Density-A) RLD-120 (Residential Low Density-120) RMD-B(Residential Medium Density-B) RLD-100A (Residential Low Density-100A) CO (Commercial Office) RLD-100B (Residential Low Density-100B) CRO (Commercial, Residential and Office) RLD-90 (Residential Low Density-90) CN (Commercial Neighborhood) RLD-80 (Residential Low Density-80) AGR (Agriculture) RLD-70 (Residential Low Density-70) RLD-60 (Residential Low Density-60) RLD-50 (Residential Low Density-50) RLD-TND (Residential Low Density-TND) RLD-TNH (Residential Low Density-TNH) RLD-50 (Residential Low Density-50) CO (Commercial Office) RLD-60 (Residential Low Density-60) CRO (Commercial, Residential and Office) RLD-TND (Residential Low Density-TND) CN (Commercial Neighborhood) RLD-TNH (Residential Low Density-TNH) AGR (Agriculture) RMD-A (Residential Medium Density-A) RMD-B (Residential Medium Density-B) RMD-C (Residential Medium Density-C) RMD-D (Residential Medium Density-D) RMD-MH (Residential Medium Density-MH) RMD-D (Residential Medium Density-D) CO (Commercial Office) RHD-A (Residential High Density-A) CRO (Commercial, Residential and Office) RHD-B (Residential High Density-B) CN (Commercial Neighborhood) COMMERCIAL LAND USE CATEGORIES CCG-1 (Commercial Community/General-1) Source: Jacksonville Planning and Development Department March 2, 2012 CSV PUD (Conservation) (Planned Unit Development) RMD-D (Residential Medium Density-D) RLD-60 (Residential Low Density-60) CO (Commercial Office) RMD-A (Residential Medium Density-A) CRO (Commercial, Residential and Office) RMD-B (Residential Medium Density-B) RMD-C (Residential Medium Density-C) RMD-D (Residential Medium Density-D) RMD-MH (Residential Medium Density-MH) AGR (Agriculture) CN (Commercial Neighborhood) CO (Commercial Office) CRO (Commercial, Residential and Office) CN (Commercial Neighborhood) AGR (Agriculture) CO (Commercial Office) IBP (Industrial Business Park) CRO (Commercial, Residential and Office) AGR (Agriculture) CN (Commercial Neighborhood) CCG-1 (Commercial Community/General-1) CCG-2 (Commercial Community/General-2) ROS (Recreation and Open Space)
Land Use Categories Primary Zoning Districts Secondary Zoning Districts RC (Regional Commercial) CBD (Central Business District) BP (Business Park) LI (Light Industrial) HI (Heavy Industrial) WD-WR (Water Dependent-Water Related) AGR (Agriculture) PBF (Public Buildings and Facilities) ROS (Recreation and Open Space) COMMERCIAL LAND USE CATEGORIES (Continued) CCG-1 (Commercial Community/General-1) RHD-A (Residential High Density-A) RHD-B (Residential High Density-B) CRO (Commercial, Residential and Office) CCG-2 (Commercial Community/General-2) IBP (Industrial Business Park) RMD-D (Residential Medium Density-D) RHD-A (Residential High Density-A) RHD-B (Residential High Density-B) CRO (Commercial Residential and Office) CCG-1 (Commercial Community/General-1) CCG-2 (Commercial Community/General-2) CCBD (Commercial Central Business Dist.) IBP (Industrial Business Park) IL (Industrial Light) INDUSTRIAL LAND USE CATEGORIES IBP (Industrial Business Park) MU (Multi-Use) RMD-D (Residential Medium Density-D) RHD-A (Residential High Density-A) AGR (Agriculture) CSV (Conservation) IBP (Industrial Business Park) CCG-1 (Commercial Community/General-1) IL (Industrial Light) CCG-2 (Commercial Community/General-2) AGR (Agriculture) IBP (Industrial Business Park) CCG-1 (Commercial Community/General-1) IL (Industrial Light) CCG-2 (Commercial Community/General-2) IH (Industrial Heavy) AGR (Agriculture) IW (Industrial Water) AGR (Agriculture) OTHER LAND USES CATEGORIES ROS (Recreation and Open Space) AGR (Agriculture) AGR (Agriculture) PBF-3 (Public Buildings and Facilities-3) AGR (Agriculture) PBF-3 (Public Buildings and Facilities-3) ROS (Recreation and Open Space) AGR (Agriculture) Definition of PUD Zoning District: A development district that may include a single or mixed use that is responsive to the needs of the inhabitants, provides flexible planning with creative and innovative design and is consistent with the Comprehensive Plan Land Use Category. Source: Jacksonville Planning and Development Department March 2, 2012
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 650.407(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 163.3184 and 163.3187, 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.
LEGAL ISSUES RELATED TO REZONING APPLICATIONS The following brief summary of legal issues related to rezoning applications is provided pursuant to Section 656.124(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 656.125(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
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.