City Council denies land‑use and rezoning for McMillan site after residents warn of contamination risks

Jacksonville City Council on Oct. 14 denied a land‑use map amendment and companion rezoning for a proposed residential project on a former construction‑and‑demolition debris site along McMillan Avenue, saying community concerns about contamination and neighborhood compatibility were unresolved.

The council voted to deny the land‑use change (ordinance 20250242) after a second motion revising the outcome; the final vote to deny the application was 14‑4. A companion rezoning (ordinance 20250243) was also denied on the council floor, 16‑1.

Why it matters: Neighbors and local advocates had told the council the property was a long‑standing dumping area they believe has caused elevated cancer rates and other harms. The developer argued the site is suitable for redevelopment if the contaminated materials are removed under state and city supervision; the project would have replaced an underused parcel with housing the developer said could reuse existing infrastructure.

The hearing: The applicant, developer Mike Herzberg, told the council the site had been tested with borings and test pits and that the plan called for extracting debris, not merely capping it. “This is an intent to extract the source material,” Herzberg said, adding that work would be conducted under the Florida Department of Environmental Protection and city solid‑waste oversight.

Residents, many of them longtime North Side neighbors, strongly disputed the developer’s assurances. Denise Hunt, who said her family has lived in the area for generations, told the council: “That land was contaminated. You haven't even did an environmental impact study out there to see what contaminants are actually out there.” Reverend Aaron Flagg cited concerns about PFAS and other “forever chemicals” and urged postponement until independent testing was complete.

Council debate and outcome: The project had already been considered by the Planning Commission and the Land Use & Zoning (LUZ) committee, where members voted in favor. On the council floor, several members said the history of resident complaints and the neighborhood’s character weighed against approval. Councilmember Teri Pittman moved a floor amendment to make the council’s action a denial; that motion was adopted and the denial passed 14‑4. The companion rezoning also failed after a separate floor amendment to deny it passed, 16‑1.

City and developer responses: Herzberg said the owner had performed borings and test pits, found debris primarily between roughly 12 and 17 feet in places, and planned source removal with state oversight. He told the council the owner had borne remediation costs and that leaving the land vacant indefinitely was not a constructive option: “The only way that this property gets fixed and gets the contamination out is if someone develops the land.”

Next steps: Because both the land‑use amendment and the rezoning were denied, the developer may withdraw, resubmit with different conditions, or pursue administrative or legal options. City staff and the Department of Environmental Protection may still be involved if site remediation or further testing is requested or required by regulators.

Ending: The council’s vote closed a major chapter in months of public debate over redevelopment of the McMillan site. Neighbors who opposed the project called the council’s denial a victory for community health and safety; the developer said he had hoped to move forward with an extraction‑based cleanup and redevelopment but would evaluate his options.