Council members propose legislation to tighten ‘contract’ zoning
Three term-limited members of the Jacksonville City Council are hoping to draft an ordinance that will tighten up what can and can’t be done through minor modifications when it comes to zoning changes.
Before their term ends June 30, 2019, John Crescimbeni (Councilmember At-Large), Lori Boyer (District 5) and Bill Gulliford (District 13) want to see a change to the Municipal Code, specifically Chapter 656.341, regarding requirements to change a zoning category to a planned unit development (PUD).
“PUDs are being used to craft ‘contract zoning’ and no two are alike,” said Crescimbeni. “For the regulatory side of government, when there is a complaint, the rules and regulations are not consistent for PUDs.”
During discussion at the committee’s Nov. 16 meeting among the three councilmembers, as well as members from the Planning Department and the Office of General Counsel, local developers and builders, Boyer was charged with revising the working draft of the as-yet unnumbered ordinance to incorporate new language regarding the use of minor modifications to change previously-approved PUDs.
The proposed legislation indicates that any requested changes which were previously the subject of staff recommendations or were modified by submission of a revised site plan or revised written description at the time of adoption of the PUD or any major modification, would not be allowed by minor modifications.
By not allowing such changes to be made through minor modifications, which are heard by the Planning Commission, any changes to an approved PUD would require a new application for PUD-to-PUD rezoning and would be heard by City Council.
This measure will, in theory, protect the adjacent property owners, especially residential properties abutting proposed retail or commercial development in the event changes are made during the development process that would alter aspects such as the location of entrances or driveways, buffers, fencing or landscaping between the properties, lot sizes, or the height of perimeter boundary buffers.
At the committee’s meeting at City Hall, attention was given to buffers – the width of an area set aside – in 23 zones and property uses. There are three types of buffers: 1) street of right-of-way buffers; 2) parking lot or vehicle use area buffers, and 3) project boundary buffers, generally between incompatible uses. Screening – the type of landscape, fencing or wall used in a buffer – was also discussed, with details on types and heights of trees, hedges vs. shrubs, grass, groundcover, mulch and low growing plants.
The draft document on buffers and screening indicate the purpose for specific requirements is to maintain the quality of life and protect the health, safety, welfare and general well-being of Jacksonville’s citizens, indicating the use of properly landscaped and maintained areas can reduce the potential incompatibility of adjacent land uses, conserve natural resources and maintain open space, protect established neighborhoods, and promote and enhance community image and roadway beautification.
The committee’s next meeting is planned for Friday, Dec. 7, tentatively set for 11 a.m. in City Hall, the Office of City Council, 4th Floor, Conference Room A.
By Kate A. Hallock
Resident Community News
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