1 CITY OF
2 LAND USE AND ZONING
3 COMMITTEE
4
5
6 Proceedings held on Tuesday, May 18, 2010,
7 commencing at 5:00 p.m., City Hall, Council Chambers,
8 1st Floor,
9 Tropia, a Notary Public in and for the State of
10
11
12 PRESENT:
13 RAY HOLT, Chair.
WARREN JONES, Vice Chair.
14 REGINALD BROWN, Committee Member.
DANIEL DAVIS, Committee Member.
15 JOHNNY GAFFNEY, Committee Member.
STEPHEN JOOST, Committee Member.
16 DON REDMAN, Committee Member.
17
ALSO PRESENT:
18
JOHN CROFTS, Deputy Director, Planning Dept.
19 SEAN KELLY, Chief, Current Planning.
KEN AVERY, Planning and Development Dept.
20 JASON GABRIEL, Office of General Counsel.
DYLAN REINGOLD, Office of General Counsel.
21 MERRIANE LAHMEUR, Legislative Assistant.
JESSICA STEPHENS, Legislative Assistant.
22
- - -
23
24
25
Diane M.
Tropia,
2
1 P R O C E E D I N G S
2 May 18, 2010 5:00 p.m.
3 - - -
4 THE CHAIRMAN: Good evening, folks.
5 If everyone can make their way to their
6 seats.
7 You are at the May 18th Land Use and Zoning
8 meeting. If you wanted to go somewhere else,
9 this is -- if that's not the meeting you
10 intended to go to, you're in the wrong room.
11 I'm Ray Holt, your Chair. And, yes, I'm
12 having collar issues tonight.
13 MR. DAVIS: (Inaudible.)
14 THE CHAIRMAN: Okay. I'll work on that.
15 If we could go around the horn and
16 introduce ourselves.
17 MR. CROFTS: Good evening.
18 My name is John Crofts, and I represent the
19 Planning and Development Department.
20 MR. KELLY: Sean Kelly, Planning and
21 Development.
22 MR. AVERY: Ken Avery, Planning and
23 Development.
24 MR. REINGOLD: Dylan Reingold with the
25 Office of General Counsel.
Diane M.
Tropia,
3
1 MR. GABRIEL: Jason Gabriel with the Office
2 of General Counsel.
3 MR. DAVIS: Daniel Davis.
4 MR. BROWN: Reginald Brown, District 10.
5 DR. GAFFNEY: Councilman Gaffney,
6 District 7.
7 THE CHAIRMAN: Ray Holt, District 11.
8 MR. JONES: Warren Jones, District 9.
9 MR. JOOST: Stephen Joost, Group 3
10 at-large.
11 MR. REDMAN: Don Redman, District 4.
12 THE CHAIRMAN: All right. I'm going to
13 start the evening off by taking some things out
14 of order. We've got a few folks that have asked
15 to go early so they can go to other public
16 meetings.
17 All right. Council members, if we could
18 turn over to page 3, item number 6.
19 Mr. Matovina, is that yours?
20 I'll open the public hearing.
21 (Audience member approaches the podium.)
22 THE CHAIRMAN: Mr. Matovina.
23 AUDIENCE MEMBER: Greg Matovina, 2955
25 questions that you might have.
Diane
M. Tropia,
4
1 THE CHAIRMAN: Okay. Any questions for
2 Mr. Matovina?
3 COMMITTEE MEMBERS: (No response.)
4 THE CHAIRMAN: And, by the way, folks, you
5 could take the -- take those speaker cards and
6 fill them out so you don't have to crowd around
7 the mic there.
8 All right. Seeing no questions for
9 Mr. Matovina, anybody need to declare an
10 ex-parte?
11 DR. GAFFNEY: Yes.
12 THE CHAIRMAN: Okay. Dr. Gaffney.
13 DR. GAFFNEY: Yes, I wish to declare
14 ex-parte.
15 I spoke with the -- Mr. Matovini [sic] in
16 reference to zoning issues and logistics
17 approximately -- about three weeks ago, a month
18 ago.
19 Thank you.
20 THE CHAIRMAN: All right. Thank you, sir.
21 Seeing no further speakers, we will close
22 that --
23 MR. DAVIS: (Inaudible.)
24 THE CHAIRMAN: You have one?
25 MR. DAVIS: I would like to declare
Diane
M. Tropia,
5
1 ex-parte communications. I spoke with
2 Mr. Matovina as well.
3 THE CHAIRMAN: Seeing no one else, we'll
4 close the public hearing.
5 I need someone to move the bill -- or move
6 the amendment.
7 MR. DAVIS: Move the amendment.
8 MR. REDMAN: Second.
9 THE CHAIRMAN: Motion and a second on the
10 amendment.
11 All in favor of the amendment signify by --
12 wait a minute. We need to -- I'm sorry, before
13 we pass that, Mr. Crofts, is there anything that
14 we need to be -- have explained to us?
15 MR. CROFTS: If you don't mind, I'll read
16 these conditions into the record.
17 Condition number 1, "The development shall
18 be subject to the original legal description
19 dated March 4th, 2010."
20 Number 2, "The development shall be subject
21 to the original written description dated March
22 4th, 2010."
23 Number 3, "The development shall be subject
24 to the original site plan dated February, 2010."
25 Number 4, "The required transportation
Diane
M. Tropia,
6
1 improvements shall be made in accordance with
2 the Development Services Division memorandum
3 dated March 30th, 2010, or as otherwise approved
4 by the Planning and Development Department."
5 Condition number 5, "No individual building
6 shall exceed 40,000 square feet in size."
7 Sixth and finally, the condition is, "At
8 the time of verification of substantial
9 compliance, building elevations shall be
10 submitted for review and approval of the
11 Planning and Development Department."
12 That's it.
13 THE CHAIRMAN: Okay. Are you satisfied
14 with all those, Mr. Matovina?
15 MR. MATOVINA: Yes, we are.
16 Thank you.
17 THE CHAIRMAN: Excellent.
18 Okay. I do have a motion and second on the
19 amendment.
20 All in favor of the amendment signify by
21 saying aye.
22 COMMITTEE MEMBERS: Aye.
23 THE CHAIRMAN: The amendment passes.
24 MR. BROWN: Move the bill.
25 MR. JONES: Second.
Diane M.
Tropia,
7
1 THE CHAIRMAN: Motion and second on the
2 bill as amended.
3 Seeing no speakers, please open the ballot.
4 (Committee ballot opened.)
5 MR. HOLT: (Votes yea.)
6 MR. JONES: (Votes yea.)
7 MR. BROWN: (Votes yea.)
8 DR. GAFFNEY: (Votes yea.)
9 MR. JOOST: (Votes yea.)
10 MR. REDMAN: (Votes yea.)
11 (Committee ballot closed.)
12 THE CHAIRMAN: Close the ballot, record the
13 vote.
14 MS. LAHMEUR: Six yeas, zero nays.
15 THE CHAIRMAN: By your action, you have
16 approved 2010-256.
17 MR. MATOVINA: Thank you Mr. Chairman.
18 THE CHAIRMAN: Thank you, sir.
19 All right. Now, if we could jump again
20 back over to page 2, item number 3, 2010-253.
21 Mr. Davis is out there. I wanted to get
22 him to -- if you just need to speak to somebody
23 for a second, I can go to something else.
24 Do you want me to go to something else?
25 MR. DAVIS: I have a group of constituents
Diane
M. Tropia,
8
1 that I'd like to get into the Green Room, so if
2 you would like to --
3 THE CHAIRMAN: All right. On this bill?
4 You wanted to speak to them on -- something on
5 this, on the sign bill?
6 MR. DAVIS: No.
7 (Inaudible.)
8 THE CHAIRMAN: All right.
9 Item number 3, 2010-253. Let me open the
10 public hearing.
11 Mr. Davis, you wanted to tee us up before
12 we invite folks to speak on this?
13 MR. DAVIS: Mr. Chairman, if we could, what
14 I would like to do is -- after you close the
15 public hearing, I would like to explain to the
16 committee how we got to the substitute, invite
17 Mr. Brinton to come down and kind of give us
18 some legal expertise on the sign issue.
19 THE CHAIRMAN: Okay. I've got a card from
20 Mr. Brinton.
21 MR. DAVIS: If he could do that -- if I
22 asked him a question, to explain some of the --
23 you know, after the public hearing. If that was
24 okay with you, I'd appreciate it.
25 THE CHAIRMAN: Are you happy with that,
Diane
M. Tropia,
9
1 Mr. Brinton?
2 MR. BRINTON: Yes.
3 THE CHAIRMAN: All right. Do I have any
4 other speaker cards on that one?
5 MS. STEPHENS: No.
6 THE CHAIRMAN: All right. Then we will
7 close the public hearing on that.
8 Mr. Davis.
9 MR. DAVIS: Thank you, Mr. Chairman and
10 committee.
11 Probably three or four months ago, we
12 started receiving a lot of complaints in my
13 office about small business owners who are being
14 cited on the weekends for different sign issues
15 that -- they would have the weekend deal going
16 at the Jiffy Mart or whatever, and we started
17 looking into some of these issues. And I -- it
18 really was incumbent upon me to figure out a way
19 that we could do -- right now, during this time
20 of recession, a global recession that we're in,
21 to connect customers with business owners.
22 Okay? And I really felt like coming up with a
23 weekend directional sign would give people the
24 opportunity to do that.
25 There were several different things that I
Diane
M. Tropia,
10
1 wanted to do to kind of regulate how many were
2 out there, and one of them was to require them
3 to pay $100 for a permit for one of these
4 signs.
5 We all know that the, quote-unquote, snipe
6 signs that you see in the median were -- you
7 know, "We buy houses for cash," or, "Work at
8 home and earn 10,000 a month," and you see these
9 just piled up on the -- in right-of-ways, at
10 intersections is a blight and needs to be taken
11 care of. Okay?
12 I felt like this permit situation,
13 legitimizing real businesses who are trying --
14 we are trying to connect customers to them by
15 letting them get a permit, helping them put
16 money into a fund to go out and take care of the
17 snipe signs was kind of an answer to a lot of
18 the problems that I saw and hopefully you guys
19 saw.
20 That leads us to where we are today. When
21 we opened up this can of worms, we realized
22 there's a whole lot more out there that
23 really -- if we're going to take a swipe at it,
24 let's go ahead and take a swipe at it and see if
25 we can't solve a lot of the issues that are out
Diane
M. Tropia,
11
1 there.
2 Councilman Holt and I had a noticed meeting
3 on Friday talking about the substitute. I met
4 with some people from the real estate industry.
5 I met with Mr. Brinton, who arguably is one of a
6 handful of experts nationally that handles sign
7 issues for municipalities.
8 And when we started to get into the gist of
9 this, realizing that there were -- we needed to
10 create -- if we wanted to pass something, we
11 needed to pass something that passed the legal
12 muster as well because I didn't want to go
13 through a bunch of trouble and then get it
14 turned in the court of law, so -- and I think
15 Mr. Redman came into the public meeting and
16 asked some good questions. And hopefully we're
17 getting to a point where we're going to -- if
18 you guys agree, we would fix a lot of problems
19 that we have in our sign regulations right now.
20 So if I could just -- if Mr. Brinton could
21 come up for, you know, five minutes, maybe y'all
22 could ask him five minutes' worth of questions,
23 once you get through, to talk to -- about what
24 we did to change the law.
25 We incorporated all the Planning
Diane
M. Tropia,
12
1 Department's recommendations, which I believe we
2 talked about prior to the Planning Commission's
3 decision, and I think that we're in a really
4 good posture now and I think we'll solve a lot
5 of issues.
6 So, Mr. Brinton, would you mind coming up
7 and kind of just giving them the -- the summary
8 of our discussions over the last couple of
9 weeks?
10 (Mr. Brinton approaches the podium.)
11 THE CHAIRMAN: Thank you, Bill.
12 And just to let you know, council members,
13 we're in a posture this evening to sub this and
14 rerefer it back, so there will be future public
15 hearings.
16 Go ahead, Bill.
17 MR. BRINTON: Thank you.
18 And, for the record, I'm Bill Brinton, 1835
20 This was a perfect opportunity of really
21 kind of three things coming together. One was
22 what Councilman Davis described as an
23 opportunity, because of the recession and the
24 housing crisis, to do something to both provide
25 for directional signs on weekends, but also, as
Diane
M. Tropia,
13
1 we discussed, the opportunity to clean up some
2 constitutional issues with the sign ordinance to
3 allow for some flexibility beyond just
4 directional signs but to provide some
5 opportunities for business owners on their
6 properties, as well as residential owners to
7 continue to have the right to free speech on
8 their own parcels of land.
9 Circling that has been, for years, a number
10 of issues involving our sign ordinance that have
11 not gotten fixed. Mr. Davis, before -- well,
12 Councilman Davis, back when he was Mr. Davis and
13 served on a study back about ten years ago --
14 because I remember where we were on September
15 11th, 2001. It goes back a long way. We were
16 dealing with trying to come up with some of
17 these fixes, because, for example, our sign
18 ordinance does not specifically allow election
19 signs. And I can tell you as a lawyer that
20 defends local governments around the country,
21 that's not a good thing. We need to fix that.
22 There's probably legal issues we need to fix.
23 And as many of you will remember, I was the
24 author -- or principal author, along with Bill
25 Scheu, of the current zero tolerance policy for
Diane
M. Tropia,
14
1 blitter, which is chapter 741 of our ordinance
2 code, which was considered to be a valid issue
3 back in 2004 but was made into a new chapter,
4 and it provides some opportunities for us to
5 build on that because, as Councilman Davis
6 described, we all see the signs that are nailed
7 up on telephone poles, like, you know, ten feet
8 off the ground, and that's not good for
9
10 that needs to get fixed, but there's not a --
11 there's not a mechanism to do that that could be
12 of -- there's a mechanism, but there's a way to
13 go about some of these issues without the
14 sledgehammer approach, which I think has caused
15 some problems.
16 So in sitting down with Mr. Hart on a
17 number of occasions over the last month and
18 talking to Councilman Davis and talking to some
19 other experts and looking at the Planning
20 Commission's -- the Planning Department's
21 concerns, there's a way to kind of merge all
22 these together into one bill, which is the
23 substitute before you.
24 And, Councilman Davis, I know you -- I'm
25 not being -- I'm not being paid by the hour
Diane
M. Tropia,
15
1 right now, so I don't want to take up too much
2 time, but I do want to go through the highlights
3 of the bill.
4 THE CHAIRMAN: Okay. If you could
5 highlight it.
6 MR. BRINTON: Highlights.
7 We'll be allowing temporary directional
8 weekend signs, but we're -- residential real
9 estate, because of the housing crisis. There is
10 a sunset provision for three years. It's very
11 similar to what I drafted for
12 adjoining local government, to allow for
13 flexibility for that type of sign on weekends
14 with a sunset date that I think is three years
15 from the date of adoption.
16 So we're bringing ourselves into sync with
17 what other jurisdictions facing a housing crisis
18 are facing. I've done the same thing very
19 recently for a municipality in
20 So what we're doing is -- my opinion, is that's
21 a way to handle that.
22 Mr. Davis.
23 MR. DAVIS: Yes. This is important to, I
24 think, the committee and probably some people in
25 the Planning Department.
Diane M.
Tropia,
16
1 Originally, this was just a generic small
2 business sign, but I've received -- legal
3 counsel is saying that's not going to hold up,
4 you need to be very specific about this. So
5 could you just briefly explain why we switched
6 over to a real estate directional sign?
7 MR. BRINTON: There's a problem with
8 elevating commercial speech over noncommercial
9 speech and then there's a problem with making
10 distinctions between different types of
11 noncommercial speech. Noncommercial speech is
12 something that -- other than a -- proposing a
13 sale or -- basically, if you open it up, you
14 open it up to everything.
15 There is a very good argument to be made
16 that you can meet the First Amendment scrutiny.
17 It's called a strict scrutiny test if you have
18 a -- something very specific, special, unique
19 problem you're trying to solve to allow for a
20 sign type that's a little bit different than you
21 allow for other sign types.
22 Because of my belief that we have a good
23 chance of surviving the strict scrutiny test,
24 it's better to narrow the focus for that type of
25 sign to the housing crisis, which there is no
Diane
M. Tropia,
17
1 doubt we have a housing crisis. We don't have a
2 noncommercial speech crisis. We don't need to
3 expand clutter on our roadways for no good
4 purpose. And for that reason, it was my
5 recommendation that we do what other
6 jurisdictions have done, is narrow the -- narrow
7 the focus of that.
8 At the same time, there's an opportunity to
9 make sure that we have what's called a free
10 expression sign, which is a sign on any lot, any
11 parcel where anyone can say anything 24/7. In
12 commercial districts, that could be a
13 commercial -- that could be commercial speech as
14 well as noncommercial speech.
15 So the example that Councilman Davis was
16 giving about on -- the opportunity for business
17 owners to be able to display some sort of
18 signage in addition to what they currently have
19 for purposes of the sale would be accommodated
20 even though there might not be a directional
21 sign out in the right-of-way, but this
22 addition -- this is loosening up the code to
23 provide some additional flexibility under the
24 free expression sign.
25 Did I cover that?
Diane
M. Tropia,
18
1 MR. DAVIS: Yes, you did.
2 MR. BRINTON: Okay. We addressed temporary
3 election signs by making an accommodation to
4 allow an election sign for any candidate, for
5 any valid issue on a piece of property. You're
6 not limited to, say, one or two because the
7 courts have a dim view of forcing a property
8 owner to choose between which candidates are
9 valid issues they're going to support through
10 the vehicle of the sign, and so in every
11 jurisdiction around the
12 drafted their sign regulations, I provide the
13 flexibility to have a sign for each candidate
14 and each ballot issue.
15 Now, hypothetically, that could pose a real
16 problem if it were abused, but the reality is
17 it's not -- it's not abused, but you protect
18 yourself from challenges or problems. And we've
19 taken a -- I think a view in this jurisdiction
20 that we've kind of been hiding a little bit from
21 the election sign problem. And this is not
22 hiding from it, but putting it in the code that
23 you're going to meet First Amendment scrutiny on
24 that. The same thing with the free expression
25 sign.
Diane
M. Tropia,
19
1 We're providing no criminal penalties for a
2 violation of the sign ordinance. Another thing
3 you do not want to do -- I'm telling you as a
4 lawyer to a local government is you do not want
5 to criminalize speech because you're going to
6 run into a real problem with a federal judge if
7 you have criminal penalties for using a sign --
8 you know, signs to speak. So we're dealing with
9 that problem.
10 We're expanding the opportunities for
11 enforcement of the snipe sign problems, the
12 problems where you have something nailed to a
13 pole, providing a modest level of fines to start
14 out at $55 and scale up. It takes a second
15 violation, a conviction or paying a fine before
16 you -- you know, you move up to the next level
17 of 110 and so on, with one exception. If you
18 have a sign that's nailed to a utility pole or a
19 public -- you know, a public pole and it's more
20 than -- I think it's six feet above the ground,
21 five or six feet above the ground, where it's
22 hard to get at, or it's up there to -- you're
23 going to require some additional labor to get at
24 it, that goes right to the head of the class as
25 far as the penalty or fine that's for that.
Diane
M. Tropia,
20
1 That goes to 350.
2 We provide for an opportunity to have a
3 mechanism of enforcement similar to the -- I
4 think Councilman Joost is a member of the -- is
5 certified to enforce the ordinance on
6 handicapped parking, and this would be a very
7 good opportunity --
8 MR. JOOST: (Inaudible.)
9 MR. BRINTON: -- probably not a gun, but an
10 opportunity to have a -- very tightly controlled
11 by the City as to who would be certified, but to
12 have an opportunity to have volunteers to assist
13 in that process to issue fines.
14 And there's a process in St. Pete that I've
15 been following very closely for the last two
16 years. It's working exceedingly well. We would
17 make that operation even better here through the
18 use of volunteers.
19 That said, in a -- in a nutshell, there's a
20 little bit more to it, dealing with a creation
21 of a trust fund to help further clean up the
22 city in public areas.
23 I'm happy to meet with any members of the
24 committee while -- over the next several weeks
25 to answer any questions or address any problems
Diane
M. Tropia,
21
1 or address any questions tonight.
2 THE CHAIRMAN: Thank you, Mr. Brinton.
3 MR. DAVIS: (Inaudible.)
4 THE CHAIRMAN: Did you have a question?
5 MR. DAVIS: No. I was just going to say
6 thank you, Mr. Chairman, for giving us a little
7 bit of extra time.
8 THE CHAIRMAN: And we'll have future public
9 hearings on this, council members. I'm looking
10 forward to hearing the debate on it. I think
11 it's going to be a real win/win.
12 I need somebody to move the sub.
13 MR. JOOST: Move the substitute.
14 MR. JONES: Second.
15 THE CHAIRMAN: Motion and second on the
16 sub. This is a voice vote.
17 All in favor of the sub signify by saying
18 aye.
19 COMMITTEE MEMBERS: Aye.
20 THE CHAIRMAN: The sub passes.
21 I need a rereferral.
22 MR. JONES: Move to rerefer.
23 MR. DAVIS: Second.
24 THE CHAIRMAN: Motion and second to rerefer
25 back to this committee.
Diane
M. Tropia,
22
1 Please open the ballot.
2 (Committee ballot opened.)
3 THE CHAIRMAN: Close the ballot, record the
4 vote.
5 Mr. Davis.
6 MR. DAVIS: Sorry.
7 MR. HOLT: (Votes yea.)
8 MR. JONES: (Votes yea.)
9 MR. BROWN: (Votes yea.)
10 MR. DAVIS: (Votes yea.)
11 DR. GAFFNEY: (Votes yea.)
12 MR. JOOST: (Votes yea.)
13 MR. REDMAN: (Votes yea.)
14 (Committee ballot closed.)
15 MS. LAHMEUR: Seven yeas, zero nay.
16 THE CHAIRMAN: By your action, you have
17 rereferred the substitute on -253.
18 Thank you.
19 I have one more, council members, that I
20 want to take out of order.
21 MR. DAVIS: Mr. Chairman.
22 THE CHAIRMAN: Yes, sir.
23 MR. DAVIS: Can I invite the people I was
24 going to talk to into the Green Room or do you
25 need me to stay for this next one?
Diane M.
Tropia,
23
1 THE CHAIRMAN: No. We can handle this one.
2 MR. DAVIS: Okay.
3 THE CHAIRMAN: We've got six others.
4 MR. DAVIS: If you're here on the Halsema
5 Road issue, could you come back into the Green
6 Room? I'd like to speak to everybody and the
7 applicants involved.
8 Thanks.
9 THE CHAIRMAN: What's the number on that,
10 Mr. Davis? 2010-291, is that it?
11 MR. DAVIS: Yes, sir.
12 THE CHAIRMAN: All right. We'll hold off
13 on that until you come back.
14 Council members, if you could go over to
15 page 7 and let's grab number 23, 2010-296.
16 We'll open the public hearing.
17 (Mr. Harden approaches the podium.)
18 MR. HARDEN: Thank you, Mr. Chairman.
19 Paul Harden,
20 This is a semiannual land use map
21 amendment. It was the -- this parcel is
22 currently zoned CN as a PUD in portion. It was
23 the subject of a land use map amendment two or
24 three years ago that went through the entire
25 process. It was approved unanimously each
Diane M.
Tropia,
24
1 time. It was ultimately withdrawn because of an
2 issue with the DCA on traffic that we've now
3 resolved.
4 The Planning Department did a study in this
5 neighborhood of about 4- or 500 acres about
6 three years ago. They designated this node for
7 the commercial use to supply a commercial
8 activity to the neighborhood.
9 Other than the Planning Department's report
10 and the study which designates this site and
11 previous approval by both this council and the
12 DCA, I have nothing to add, Mr. Chairman.
13 I'll be happy to answer any questions.
14 THE CHAIRMAN: Okay. Any questions for
15 Mr. Harden?
16 COMMITTEE MEMBERS: (No response.)
17 THE CHAIRMAN: Seeing none, we'll close the
18 public hearing.
19 There's no amendment or anything that we
20 need to hear from the Planning Department.
21 MR. JONES: Move the bill.
22 MR. JOOST: Second.
23 THE CHAIRMAN: Motion and second on the
24 bill.
25 Please open the ballot.
Diane
M. Tropia,
25
1 (Committee ballot opened.)
2 MR. HOLT: (Votes yea.)
3 MR. JONES: (Votes yea.)
4 MR. BROWN: (Votes yea.)
5 DR. GAFFNEY: (Votes yea.)
6 MR. JOOST: (Votes yea.)
7 MR. REDMAN: (Votes yea.)
8 (Committee ballot closed.)
9 THE CHAIRMAN: Close the ballot, record the
10 vote.
11 MS. LAHMEUR: Six yeas, zero nay.
12 THE CHAIRMAN: By your action, you have
13 approved 2010-296.
14 Okay. We're going to need to skip over 18
15 if we get there, but -- let's see. Starting on
16 page 2, item 1 is deferred, 2 is deferred,
17 3 we've already done.
18 Item number 4, 2010- -- sorry, 2010-254.
19 We'll open the public hearing. We have one
20 speaker card, John Wells.
21 (Audience member approaches the podium.)
22 AUDIENCE MEMBER: I'm John wells. I'm
23 representing the owner, which is Center Bank,
24 but I'm also the anticipated buyer of the
25 property. It's an old existing home on actually
Diane
M. Tropia,
26
1 what is considered -- can be considered to be
2 two lots on
3 the lots and build two new homes. My company is
4 Low Country Classics.
5 And I guess I'm not totally familiar with
6 the procedure here, so --
7 THE CHAIRMAN: Mr. Reingold.
8 MR. REINGOLD: Sir, if you just could give
9 your address for the record.
10 MR. WELLS:
11
12 THE CHAIRMAN: All right. Is that all you
13 wanted to say, sir?
14 MR. WELLS: Unless there's some questions,
15 yes, sir.
16 THE CHAIRMAN: All right. I don't have any
17 questions.
18 Mr. Crofts, you want to give us your report
19 while we're -- or, Mr. Kelly, while we're still
20 in the public hearing?
21 MR. KELLY: Thank you.
22 To the Chair and members of the committee,
23 ordinance 2010-254 seeks to allow for a
24 reduction in the required minimum road frontage
25 from 72 to 50 feet.
Diane
M. Tropia,
27
1 If you look at the zoning map, you'll see
2 on page 8 there's probably about 20 similar
3 properties in the area that are identical lot
4 sizes in this area, so this is purely a --
5 consistent with the area in terms of the lot
6 size and lot area.
7 The actual zoning is RLD-90, which requires
8 a quarter-acre lot. It's really -- the zoning
9 is almost inconsistent with the established
10 development pattern of the area, so we find that
11 the waiver is appropriate in this instance, that
12 it would not be detrimental to any future
13 development, and we're recommending a straight
14 approval.
15 THE CHAIRMAN: Excellent.
16 Anyone have any questions for Mr. Kelly?
17 COMMITTEE MEMBERS: (No response.)
18 THE CHAIRMAN: Seeing none, I will close
19 the public hearing.
20 I need a motion to either grant or --
21 MR. JOOST: Move to grant the waiver.
22 MR. REDMAN: Second.
23 MR. JOOST: Move the amendment to grant the
24 waiver.
25 THE CHAIRMAN: Exactly. I'm sorry. I
Diane
M. Tropia,
28
1 misspoke.
2 I have a motion on the amendment to grant
3 the waiver, and I think I got a second.
4 MR. REDMAN: Second.
5 THE CHAIRMAN: All in favor of the
6 amendment to grant the waiver signify by saying
7 aye.
8 COMMITTEE MEMBERS: Aye.
9 THE CHAIRMAN: The amendment passes.
10 MR. JOOST: Move the bill.
11 MR. JONES: To grant the waiver.
12 THE CHAIRMAN: Motion and second to grant
13 the waiver.
14 Please open the ballot.
15 (Committee ballot opened.)
16 MR. HOLT: (Votes yea.)
17 MR. JONES: (Votes yea.)
18 MR. BROWN: (Votes yea.)
19 DR. GAFFNEY: (Votes yea.)
20 MR. JOOST: (Votes yea.)
21 MR. REDMAN: (Votes yea.)
22 (Committee ballot closed.)
23 THE CHAIRMAN: Close the ballot, record the
24 vote.
25 MS. LAHMEUR: Six yeas, zero nay.
Diane M.
Tropia,
29
1 THE CHAIRMAN: By your action, you have
2 granted the waiver on -254.
3 -255. We will open the public hearing.
4 We have one speaker card. Let me take it a
5 little differently, though, and have Mr. Crofts
6 or Mr. Kelly go ahead and explain the amendment
7 before we have a speaker.
8 MR. CROFTS: Mr. Chairman and members of
9 the committee, let me go ahead and read the
10 conditions into the record and proceed with your
11 public hearing.
12 Condition number 1, "The development shall
13 be subject to the original legal description
14 dated March 22nd, 2010."
15 Condition number 2, "The development shall
16 be subject to the revised written description
17 dated May 3rd, 2010."
18 Number 3, "The development shall be subject
19 to the revised site plan dated May 3rd, 2010."
20 Number 4, "The property shall be developed
21 in accordance with the Development Services
22 Division memorandum dated March 30th, except for
23 comment number 2, or as otherwise approved by
24 the Planning and Development Department."
25 Number 3, "The building shall have a
Diane
M. Tropia,
30
1 maximum height of 30 feet."
2 Number 6, "All landscaping in the
3 easternmost landscaped island abutting the
4 residential driveway shall be no greater than
5 three feet in height."
6 Number 7, "The property shall be developed
7 in accordance with commercial design guidelines
8 1.2.1 and 1.2.2 found within the
9 Design Guidelines and Best Practices Handbook."
10 Number 8, "At the verification of
11 substantial compliance, the developer shall
12 submit building elevation plans subject to the
13 review and approval of the Planning and
14 Development Department."
15 Number 9, "Wall signs shall not exceed
16 10 percent of the occupancy frontage facing
17
18 permitted to face Martin Luther King
19 Expressway."
20 Number 10 and finally, "The sidewalk shall
21 be terminated at the easternmost landscaped
22 island. The landscape island shall be extended
23 south to the building."
24 That's it.
25 THE CHAIRMAN: All right. Before I go to
Diane
M. Tropia,
31
1 the speaker, let me do housekeeping.
2 Anyone has ex-parte?
3 Dr. Gaffney.
4 DR. GAFFNEY: Thank you, Mr. Chairman.
5 Yes, I wish to declare ex-parte. I had a
6 conversation with the applicant's agent,
7 Ms. Diettrich, approximately about a month ago.
8 We just discussed the design and logistics,
9 reference to the project.
10 Thank you.
11 THE CHAIRMAN: Thank you, sir.
12 Anyone else for an ex-parte?
13 COMMITTEE MEMBERS: (No response.)
14 THE CHAIRMAN: Seeing none, Ms. Diettrich,
15 are you okay with all the conditions as they
16 were read?
17 MS. DIETTRICH: I am. Do you need me to
18 enter my name and address?
19 THE CHAIRMAN: Yes, please.
20 MS. DIETTRICH: Lara Diettrich, Kimley-Horn
21 and Associates,
22
23 Yes, during the Planning Commission, we
24 went over the conditions not only illustrated
25 and outlined in the supplemental information
Diane
M. Tropia,
32
1 from the staff report, but also with regards to
2 the memorandum from Lisa King and the traffic
3 technician under Mike Sands' group in
4 Development Services.
5 I don't know if you'd like to list -- to
6 kind of go back over a few things that we
7 altered for you or if you already have that at
8 hand. I believe item number 10 covered one of
9 those, but I can do it very briefly. There's a
10 few things --
11 THE CHAIRMAN: Sure.
12 MS. DIETTRICH: With regards -- I'll go in
13 order of the recommendations you have before you
14 that John Crofts read into the record.
15 Number 1, there was a typo that I see on
16 the agenda has been revised. The address
17 parcels are 542, 556 -- I'm sorry. Pardon me.
18 Let me start over. 542, 552, 556, and 602 21st
19 21 Street West,
20 typo on a number there.
21 The legal description and that parcel,
22 Dylan and I had talked about making sure that
23 all of those are correct and amended so that
24 they jive for the application.
25 Item number 2 and number 3 are going --
Diane
M. Tropia,
33
1 I'll -- those will be pending the revisions that
2 would be submitted based on this recommend- --
3 the recommendation change which is with regards
4 to the site plan that you have before you.
5 There was -- the main topic of discussion
6 was a 10-foot sight triangle for safety
7 purposes. On the easterly portion of the
8 property, there is a residential dwelling unit.
9 That tenant there, that gentleman that owns that
10 property -- the buildings that were on the
11 applicant's property prior have been demolished
12 since. He very much liked the fact that the
13 building was up on the property line edge. It
14 provided some security and some privacy for
15 him. He prefers that it be that way.
16 In working with the City, it was originally
17 recommended that there be a 10-foot sight
18 triangle for the resident who backs out of his
19 driveway to see the pedestrians walking on that
20 sidewalk.
21 THE CHAIRMAN: Okay.
22 MS. DIETTRICH: So, with that, we made the
23 amendment to that.
24 We terminated the sidewalk at the eastern
25 portion of the sidewalk. We extended the
Diane M.
Tropia,
34
1 landscape aisle to the building. And those were
2 the major changes and those revisions will be
3 put into the text pending the outcome of the
4 recommendations per yourself, Mr. Chairman, and
5 committee.
6 Thank you.
7 THE CHAIRMAN: Thank you.
8 I don't see any speakers, so I will close
9 the public hearing.
10 MR. JOOST: Move the amendment.
11 MR. JONES: Second.
12 THE CHAIRMAN: Motion and second on the
13 amendment as read by Mr. Crofts.
14 All in favor of the amendment, please
15 signify by saying aye.
16 COMMITTEE MEMBERS: Aye.
17 THE CHAIRMAN: The amendment passes.
18 MR. JOOST: Move the bill as amended.
19 MR. JONES: Second.
20 THE CHAIRMAN: Motion and second on the
21 bill as amended.
22 Please open the ballot.
23 (Committee ballot opened.)
24 MR. HOLT: (Votes yea.)
25 MR. JONES: (Votes yea.)
Diane
M. Tropia,
35
1 MR. BROWN: (Votes yea.)
2 DR. GAFFNEY: (Votes yea.)
3 MR. JOOST: (Votes yea.)
4 MR. REDMAN: (Votes yea.)
5 (Committee ballot closed.)
6 THE CHAIRMAN: Close the ballot, record the
7 vote.
8 MS. LAHMEUR: Six yeas, zero nay.
9 THE CHAIRMAN: By your action, you have
10 approved -255.
11 -256 we've already handled.
12 -257 and -258 are companions. Let me open
13 the public hearings on both of those.
14 (Mr. Mann approaches the podium.)
15 MR. MANN: Mr. Chairman, committee,
16 Charles Mann, 165 Arlington Road, representing
17 the landowner.
18 THE CHAIRMAN: Do you want to go ahead and
19 hear from Mr. Crofts? Do we have -- no, we
20 don't have an amendment on these.
21 All right. Anybody have any questions for
22 Mr. Mann or ex-parte on -258 while we're in the
23 public hearing?
24 COMMITTEE MEMBERS: (No response.)
25 THE CHAIRMAN: All right. Seeing none,
Diane M.
Tropia,
36
1 I'll close the public hearing.
2 MR. JOOST: Move the bill.
3 MR. JONES: Second.
4 THE CHAIRMAN: Motion on -257.
5 Please open the ballot.
6 (Committee ballot opened.)
7 MR. HOLT: (Votes yea.)
8 MR. JONES: (Votes yea.)
9 MR. BROWN: (Votes yea.)
10 DR. GAFFNEY: (Votes yea.)
11 MR. JOOST: (Votes yea.)
12 MR. REDMAN: (Votes yea.)
13 (Committee ballot closed.)
14 THE CHAIRMAN: Close the ballot, record the
15 vote.
16 MS. LAHMEUR: Six yeas, zero nay.
17 THE CHAIRMAN: By your action, you have
18 approved -257.
19 I need somebody to move -258.
20 MR. JONES: Move the bill.
21 MR. JOOST: Move -258.
22 THE CHAIRMAN: Motion and second on -258.
23 Please open the ballot.
24 (Committee ballot opened.)
25 MR. HOLT: (Votes yea.)
Diane
M. Tropia,
37
1 MR. JONES: (Votes yea.)
2 MR. BROWN: (Votes yea.)
3 DR. GAFFNEY: (Votes yea.)
4 MR. JOOST: (Votes yea.)
5 MR. REDMAN: (Votes yea.)
6 (Committee ballot closed.)
7 THE CHAIRMAN: Close the ballot, record the
8 vote.
9 MS. LAHMEUR: Six yeas, zero nay.
10 THE CHAIRMAN: By your action, you have
11 approved -258.
12 MR. MANN: Thank you very much, committee.
13 THE CHAIRMAN: Thank you, sir.
14 All right. Items 9 and 10, -259 and -260,
15 are also companions. I'll open the public
16 hearing on both of those.
17 MR. MANN: Charles Mann, 165
18 Road, representing the landowner.
19 THE CHAIRMAN: All right. And neither one
20 of these have an amendment.
21 Anyone have an ex-parte on this?
22 COMMITTEE MEMBERS: (No response.)
23 THE CHAIRMAN: Seeing none, I will close
24 the public hearings.
25 MR. JOOST: Move the bill.
Diane M.
Tropia,
38
1 DR. GAFFNEY: Second.
2 THE CHAIRMAN: Motion on -259.
3 Please open the ballot.
4 (Committee ballot opened.)
5 MR. HOLT: (Votes yea.)
6 MR. JONES: (Votes yea.)
7 MR. BROWN: (Votes yea.)
8 DR. GAFFNEY: (Votes yea.)
9 MR. JOOST: (Votes yea.)
10 MR. REDMAN: (Votes yea.)
11 (Committee ballot closed.)
12 THE CHAIRMAN: Close the ballot, record the
13 vote.
14 MS. LAHMEUR: Six yeas, zero nay.
15 THE CHAIRMAN: By your action, you have
16 approved -259.
17 MR. JOOST: Move -260.
18 MR. JONES: Second.
19 THE CHAIRMAN: Motion and second on -260.
20 Please open the ballot.
21 (Committee ballot opened.)
22 MR. HOLT: (Votes yea.)
23 MR. JONES: (Votes yea.)
24 MR. BROWN: (Votes yea.)
25 DR. GAFFNEY: (Votes yea.)
Diane
M. Tropia,
39
1 MR. JOOST: (Votes yea.)
2 MR. REDMAN: (Votes yea.)
3 (Committee ballot closed.)
4 THE CHAIRMAN: Close the ballot, record the
5 vote.
6 MS. LAHMEUR: Six yeas, zero nay.
7 THE CHAIRMAN: By your action, you have
8 approved -260.
9 MR. MANN: Thank you very much, committee.
10 I'm going to keep my mouth shut more often.
11 THE CHAIRMAN: Thank you, sir.
12 All right. -261 and -262 are companions.
13 We are going to open the public hearing.
14 Seeing no speakers, we'll continue that to
15 June 2nd and take no further action on either
16 one of those.
17 -263 and -64 are companions. We'll open
18 the public hearing.
19 Seeing no speakers, we will continue -263
20 to June 2nd, and we need someone to --
21 MR. JOOST: Take no other action.
22 THE CHAIRMAN: And we will close -264.
23 I need someone to move the sub.
24 MR. JOOST: Move the sub.
25 MR. JONES: Second.
Diane
M. Tropia,
40
1 THE CHAIRMAN: Motion and second on the
2 sub.
3 All in favor of the sub signify by saying
4 aye.
5 COMMITTEE MEMBERS: Aye.
6 THE CHAIRMAN: The sub passes.
7 MR. JOOST: Move to rerefer.
8 DR. GAFFNEY: Second.
9 THE CHAIRMAN: Motion and second to rerefer
10 -264 to LUZ.
11 Please open the ballot.
12 (Committee ballot opened.)
13 MR. HOLT: (Votes yea.)
14 MR. JONES: (Votes yea.)
15 MR. BROWN: (Votes yea.)
16 DR. GAFFNEY: (Votes yea.)
17 MR. JOOST: (Votes yea.)
18 MR. REDMAN: (Votes yea.)
19 (Committee ballot closed.)
20 THE CHAIRMAN: Close the ballot, record the
21 vote.
22 MS. LAHMEUR: Six yeas, zero nay.
23 THE CHAIRMAN: By your action, you have
24 rereferred -264.
25 THE CHAIRMAN: -269, we'll open the public
Diane
M. Tropia,
41
1 hearing. We have one speaker, no amendments.
2 Mr. Hart.
3 (Mr. Hart approaches the podium.)
4 MR. HART: Hi.
5 Curtis Hart,
6
7 This is an application, Mr. Chairman, for a
8 development agreement on a five-acre parcel of
9 land in the Regency Square area off of Mill
11 development agreement.
12 Any questions, be glad to answer them.
13 THE CHAIRMAN: All right. Seeing no
14 questions for Mr. Hart, thank you for coming
15 down.
16 We'll close the public hearing.
17 MR. JOOST: Move the bill.
18 DR. GAFFNEY: Second.
19 THE CHAIRMAN: Motion and a second on the
20 bill.
21 Please open the ballot.
22 (Committee ballot opened.)
23 MR. HOLT: (Votes yea.)
24 MR. JONES: (Votes yea.)
25 MR. BROWN: (Votes yea.)
Diane
M. Tropia,
42
1 DR. GAFFNEY: (Votes yea.)
2 MR. JOOST: (Votes yea.)
3 MR. REDMAN: (Votes yea.)
4 (Committee ballot closed.)
5 THE CHAIRMAN: Close the ballot, record the
6 vote.
7 MS. LAHMEUR: Six yeas, zero nay.
8 THE CHAIRMAN: By your action, you have
9 approved -269.
10 Next page, 6, item 16, 2010-273. We'll
11 open the public hearing.
12 (Mr. J. Hart approaches the podium.)
13 THE CHAIRMAN: There is an amendment.
14 Mr. Hart, if you could hold on and let
15 Mr. Crofts or Mr. Kelly go ahead and explain
16 that and we can get your approval.
17 MR. J. HART: Okay.
18 MR. REINGOLD: To the Chair, it's simply
19 just to swap out the exhibit to make sure that
20 it's five years of -- the duration of the
21 contract, throughout the whole contract.
22 THE CHAIRMAN: Okay. And there was a typo
23 on
24 there. I don't know if that matters, but --
25 MR. REINGOLD: That had been dealt with
Diane
M. Tropia,
43
1 actually in a previous amendment.
2 THE CHAIRMAN: Excellent.
3 Mr. Hart.
4 MR. J. HART: Be glad to answer any
5 questions.
6 This will be the first true actually
7 operating as a construction and -- construction
8 and debris recycling facility, be the first one
9 we have.
10 THE CHAIRMAN: Excellent. We're looking
11 forward to it.
12 I don't see any questions, so I will close
13 the public hearing.
14 MR. JOOST: Move the amendment.
15 DR. GAFFNEY: Second.
16 THE CHAIRMAN: Motion and second on the
17 amendment.
18 All in favor signify by saying aye.
19 COMMITTEE MEMBERS: Aye.
20 THE CHAIRMAN: The amendment passes.
21 MR. JOOST: Move the bill as amended.
22 MR. JONES: Second.
23 THE CHAIRMAN: Motion and second on the
24 bill as amended.
25 Please open the ballot.
Diane M.
Tropia,
44
1 (Committee ballot opened.)
2 MR. HOLT: (Votes yea.)
3 MR. JONES: (Votes yea.)
4 MR. BROWN: (Votes yea.)
5 DR. GAFFNEY: (Votes yea.)
6 MR. JOOST: (Votes yea.)
7 MR. REDMAN: (Votes yea.)
8 (Committee ballot closed.)
9 THE CHAIRMAN: Close the ballot, record the
10 vote.
11 MS. LAHMEUR: Six yeas, zero nay.
12 THE CHAIRMAN: By your action, you have
13 approved -273.
14 All right. Item 17, 2010-290. We'll open
15 the public hearing. We a have couple of
16 speakers on that one.
17 (Mr. Duggan approaches the podium.)
18 MR. DUGGAN: Mr. Chairman, Wyman Duggan,
20 This is a semiannual land use amendment.
21 Did you want the Planning Department to give
22 their staff report before I spoke or should I
23 just go ahead?
24 THE CHAIRMAN: Yeah, let's have -- hear
25 from the Planning Department if there is
Diane
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45
1 any -- did y'all have a --
2 MR. CROFTS: There are no amendments.
3 I will just say, briefly, that this is a
4 request for an amendment to the future land use
5 from RPI, residential-professional-office, to
6 community/general commercial. This is in the
7
8 of the city, off J. Turner
10 of
11 The department has looked at and evaluated
12 it and feels that this is an emerging
13 commercial -- or continuing emerging, thriving
14 commercial area, if you will, and is evidenced
15 by the changes in the area. It is consistent
16 with the character of the surrounding area and
17 is consistent with numerous objectives and
18 policies of the comprehensive plan, and we
19 recommend approval.
20 Thank you.
21 THE CHAIRMAN: All right. Anything else,
22 Mr. Duggan?
23 MR. DUGGAN: Yes, briefly.
24 This parcel is located across
25 Parkway from the
Diane
M. Tropia,
46
1 adjacent to the retention lake that's over
2 there. The Skinners are making a land use
3 change now, but they do not have an identified
4 user at this point in time.
5 I only wanted to say that Mr. Thomas will
6 be speaking. He's a resident in the area. We
7 understand that the residents are -- who live
8 across that lake are concerned about buffering
9 and screening as to, you know, what they will
10 see looking across the lake at the back side of
11 this, and we're committed to working with them
12 throughout the process, and the Planning
13 Department as well, when we come back for the
14 adoption round to address their concerns.
15 Other than that, I'll stand by for
16 questions.
17 THE CHAIRMAN: Okay. Any questions for
18 Mr. Duggan?
19 COMMITTEE MEMBERS: (No response.)
20 THE CHAIRMAN: The only question I have is,
21 do you have any plans in the near future to
22 bring forward a rezoning or --
23 MR. DUGGAN: Yes. When we come back --
24 this is the transmittal round. When we do the
25 adoption round, we'll have the companion
Diane
M. Tropia,
47
1 rezoning then, and that's when we'll have the
2 details on the buffering and screening, but we
3 are -- we understand that the community is
4 concerned about that and we're going to work
5 with them to --
6 THE CHAIRMAN: I didn't know if you were
7 just doing the land use now or -- to get ahead
8 of Hometown Democracy.
9 MR. DUGGAN: No.
10 THE CHAIRMAN: All right. Thank you, sir.
11 Mr. Thomas. Paul Thomas.
12 (Audience member approaches the podium.)
13 AUDIENCE MEMBER: Good afternoon.
14 Paul Thomas. I reside at
15 East, which is across from the
16 actually on the -- I guess that would be the
17 west side of the lake.
18 I'm not -- obviously not opposed to it
19 going from RPI from CGI [sic], but I've been
20 there for about six or seven years. And, you
21 know, when we built our homes there, we were --
22 I was actually the first one to discover, but we
23 were all required to sort of upgrade our homes
24 to a -- what I would consider a fairly
25 significant cost and make it out of brick, I
Diane
M. Tropia,
48
1 guess in order to maintain a certain look along
2 that lake bank.
3 And, additionally, you know, our homeowners
4 association has to maintain that lake bank and,
5 you know, mow it, spray it, keep it looking
6 nice, and I guess I'm just here tonight -- maybe
7 I'm here too early in the process. I'm not
8 really that familiar with how it works, but I
9 would ask that that same look that we have to
10 maintain on our property is maintained on the
11 other side of the lake. And Mr. Duggan has, you
12 know, expressed his interest and willingness to
13 work with us on that, and I certainly do
14 appreciate that.
15 And I understand there's probably going to
16 be a restriction in there about, you know, music
17 late at night and that sort of stuff. And I may
18 be over there enjoying some of the music, but at
19 2:00 in the morning I'd like to sleep.
20 You know, some of the concerns that I have
21 when you think -- what's at the back of a
22 restaurant, what's at the back of a retail
23 store? That's dumpsters, that's trash, it's
24 trucking, it's things like that that --
25 obviously, they need their goods and services to
Diane
M. Tropia,
49
1 be trucked to the facility, but we would like
2 some sort of buffer. And I'm not an expert in
3 construction or vegetative buffers or -- I
4 certainly don't want a block wall that's painted
5 brown for a mile and a half along that lake to
6 block the view of the restaurants and things
7 like that there. I'm sure some of those
8 retailers might like to enjoy the view of the
9 lake as well as part of their ambience to their
10 restaurant or whatever the case may be, so --
11 That is -- that is my concern, and I --
12 again, I don't know how it's achieved, but, you
13 know, some sort of vegetative buffer, a natural
14 buffer I think would be the way to go, but,
15 again, I -- I just ask that the look we were
16 forced to create and maintain in our homes and
17 in the property that's along the west side of
18 the lake, that that is also honored and
19 committed to on the other side of the lake.
20 And I think maybe my three minutes are up.
21 THE CHAIRMAN: Thank you, sir.
22 If you could hold on for just a second.
23 Mr. Redman has a question for you.
24 MR. THOMAS: Yes.
25 MR. REDMAN: Really just -- I have talked
Diane
M. Tropia,
50
1 with Mr. Thomas before.
2 And you're never too early to come down
3 here, stay ahead of the game, and -- as these
4 things go on in the process. And the applicant
5 has assured me that he will look after that.
6 And, you know, this will go to
7 then come back, so --
8 MR. THOMAS: Right.
9 MR. REDMAN: -- you'll have future
10 opportunities to see this -- you know, as
11 somebody does decide to put a business in there,
12 you'll have the opportunity to have input. And,
13 you know, I'll make sure that, you know,
14 correspondence is taken care of and -- and I
15 agree, it's a beautiful lake and it would be a
16 shame to have a bad sight on the other side of
17 the lake.
18 MR. THOMAS: Right.
19 MR. REDMAN: Thank you.
20 THE CHAIRMAN: All right. Thank you, sir,
21 for coming down.
22 MR. THOMAS: Thank you.
23 THE CHAIRMAN: Seeing no further questions,
24 we will close the public hearing.
25 MR. JOOST: Move the bill.
Diane
M. Tropia,
51
1 MR. BROWN: Second.
2 THE CHAIRMAN: Motion and second on the
3 bill.
4 Please open the ballot.
5 (Committee ballot opened.)
6 MR. HOLT: (Votes yea.)
7 MR. JONES: (Votes yea.)
8 MR. BROWN: (Votes yea.)
9 DR. GAFFNEY: (Votes yea.)
10 MR. JOOST: (Votes yea.)
11 MR. REDMAN: (Votes yea.)
12 (Committee ballot closed.)
13 THE CHAIRMAN: Close the ballot, record the
14 vote.
15 MS. LAHMEUR: Six yeas, zero nay.
16 THE CHAIRMAN: By your action, you have
17 approved 2010-290.
18 MR. DUGGAN: Thank you.
19 THE CHAIRMAN: Number 18 we're going to
20 hold off on until Mr. Davis comes back. No
21 rush. We've got plenty of other items.
22 19, 2010-292. We'll open the public
23 hearing. Wait a minute. Are those -- no,
24 they're not companions.
25 Mr. Hainline.
Diane
M. Tropia,
52
1 Oh, he's in there -- are those companions?
2 MR. CROFTS: Mr. Chairman, on -292, it's
3 action -- is ready for action to be withdrawn.
4 They're going to convert that as -- I guess he's
5 in the back room. Maybe you do want to wait
6 until he comes back. I --
7 THE CHAIRMAN: Okay. Well, we'll hold off
8 on that one too, then.
9 We're going to table that. Can I do that
10 when the public hearing has been opened? Am I
11 good there to just table it?
12 MR. REINGOLD: Yes.
13 THE CHAIRMAN: All right. That is not a
14 companion with -293, so going on to item 20,
15 2010-293. Open the public hearing.
16 (Mr. J. Hart approaches the podium.)
17 THE CHAIRMAN: Mr. Hart.
18 MR. J. HART: Justin Hart,
19 This property lies just north of Pritchard
20 Road, east of 295. It is sandwiched in between
21 the two major rail yards of the Westside.
22 Directly to the west is light industrial land,
23 and the Volvo manufacturing plant is just --
24 just to the west of this property. To the south
25 is light industrial land. To the east, we will
Diane
M. Tropia,
53
1 be accessing directly onto
2 (Mr. Davis reenters the proceedings.)
3 MR. J. HART: Currently, we're working on
4 access to the south to
5 will be accessing onto
6 directly across the street is a piece of
7 property that was changed to light industrial
8 last year.
9 We will not be accessing off
10 to the north. And there is a small pocket of
11 residential just to the north. We have met with
12 the neighbors. We've also met with the
13 Pickettville Association. They are in support
14 of this project.
15 There is an investor that owns a small
16 vacant parcel of property to the north of
18 have taken care of their concerns, and we'll
19 reflect that in our zoning.
20 The property lies within the situational
21 zone of the industrial preservation map. I have
22 a unanimous vote of approval from the Industrial
23 Technical Advisory Committee, I have a
24 recommendation of approval from the Planning
25 Department, and I would appreciate your
Diane
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54
1 recommendation of approval.
2 Be glad to answer any questions.
3 THE CHAIRMAN: All right. Thank you, sir.
4 I don't see any questions, so I will close
5 the public hearing.
6 We don't have any amendments, so we will --
7 MR. JOOST: Move the bill.
8 MR. REDMAN: Second.
9 THE CHAIRMAN: Motion and second on the
10 bill.
11 Please open the ballot.
12 (Committee ballot opened.)
13 MR. HOLT: (Votes yea.)
14 MR. JONES: (Votes yea.)
15 MR. BROWN: (Votes yea.)
16 MR. DAVIS: (Votes yea.)
17 DR. GAFFNEY: (Votes yea.)
18 MR. JOOST: (Votes yea.)
19 MR. REDMAN: (Votes yea.)
20 (Committee ballot closed.)
21 THE CHAIRMAN: Close the ballot, record the
22 vote.
23 MS. LAHMEUR: Seven yeas, zero nay.
24 THE CHAIRMAN: By your action, you have
25 approved -293.
Diane
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55
1 All right. Mr. Davis, do you want to go
2 back to number 18?
3 MR. DAVIS: Thank you, Mr. Chairman.
4 Yeah. We had a great discussion in the
5 back. I think we've got a lot of work to do.
6 We will have a community meeting.
7 A couple of people from the community did
8 want to at least put their comments on the
9 record, but I think that we got down to what the
10 issues were back in the back, so I would say
11 let's go ahead and open up the public hearing.
12 I did explain to them that this was just
13 the beginning of the process and that we'll get
14 into all the details later if the committee or
15 the council decides to move forward.
16 THE CHAIRMAN: But you're ready to move the
17 land use?
18 MR. DAVIS: Yes, sir.
19 THE CHAIRMAN: All right.
20 Okay. We will open the public hearing on
21 -291. The first speaker, Mr. Hainline.
22 (Mr. Hainline approaches the podium.)
23 MR. HAINLINE: T.R. Hainline, 1301
25 I'm going to be very brief. I am going to
Diane M.
Tropia,
56
1 pass these out (indicating).
2 I represent the applicant on approximat- --
3 on approximately -- I left part of my
4 presentation back there, so I'm kind of winging
5 this here -- on approximately 208 acres at the
6 southeast quadrant of the interchange at I-10
7 and
8 This property is surrounded on three
9 sides -- south, west, and north -- by either
10
11 uses. It is a prime piece of property for
12 support uses for
13 not seek to do light industrial there since
14 there's plenty of that at Cecil Commerce
15 Center. We did propose to do business park,
16 which is primarily office and some other support
17 uses, as part of support for Cecil Commerce
18 Center once it goes in.
19 There are essentially two issues which we
20 look forward to discussing with the neighbors as
21 we move forward. One of them is access. Our
22 only current access is at Halsema at the far
23 north end. We have no desire to use access --
24 the southern part of Halsema, south of Powell
25 Road, we have no desire to use that for access,
Diane
M. Tropia,
57
1 rather we would run a spine road back through
2 our property for access to our property in the
3 various parcels that we would do.
4 We also would like to tie into Cecil
5
6 you'll see, the last of those pages is the
7 current site master plan -- or proposed master
8 plan for
9 cul-de-sac ending at the southern part of our
10 property. And so that is what we have started
11 to discuss with the neighbors and what we look
12 forward to discussing with them.
13 I do ask you to transmit this. We will
14 continue to have discussions with the
15 neighbors. Of course, we'll be back to you --
16 assuming those discussions go well, we'll be
17 back to you in late August and early September.
18 And this property does adjoin industrial
19 preservation property, which is Cecil Commerce
20 Center. It's adjacent to the south and it's
21 across the
22 north. So this is -- this property is
23 appropriate for a business park kind of use.
24 The neighbors, that isn't their biggest
25 concern. Their biggest concern is access at
Diane M.
Tropia,
58
1 Halsema. And, hopefully, between some access at
2 the south end and perhaps things we can do at
3 the north end, we can address their concerns
4 over the coming weeks.
5 Appreciate Councilman Davis gathering us in
6 the background, appreciate the hospitality with
7 the neighbors as we move forward and have more
8 meetings with them.
9 Thank you very much. We'll be happy to
10 answer any questions.
11 THE CHAIRMAN: Mr. Hainline, hang tight.
12 Mr. Joost has a question for you.
13 MR. JOOST: I was going to say, just
14 looking at real quick -- I guess going forward,
15 my only concern would be with all the industrial
16 people in the future use this as a shortcut
17 somehow if you tie it to the southern end of
18
19 MR. HAINLINE: What we would -- I'm sure
20 what they would hope is that there's a
21 distribution of traffic all which way, not on
22 Halsema, south of our entrance, but that there's
23 a distribution both north to Beaver and south
24 into
25 I'm sure that if we ask the traffic
Diane
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59
1 engineers and transportation planners, they
2 would want as much disbursement of traffic as
3 possible in as many different directions as
4 possible and not just in one direction.
5 I think you will hear the neighbors -- I
6 know you will hear the neighbors say, though,
7 that they would only want access to the south,
8 not to the north. They would not want -- they
9 do not want access at all at Halsema. And our
10 hope is that between what we may be able to do
11 at the south and other measures we could
12 possibly take at the north end, that we might be
13 able to work something out, but I -- I hear your
14 concern and we'll have to address that as we
15 move forward, Mr. Joost.
16 MR. JOOST: Okay. Thank you.
17 THE CHAIRMAN: Okay. Seeing no further
18 questions, we'll take our next speaker, Karen
19 McDonald, and next is Ron Boatright.
20 Anybody else that filled out a speaker card
21 and wants to speak, if you could come on down to
22 the front row.
23 (Audience member approaches the podium.)
24 AUDIENCE MEMBER: We'd like to thank
25 Councilman Davis for listening to the
Diane M.
Tropia,
60
1 community.
2 Our concern --
3 THE CHAIRMAN: Could you give your name and
4 address, please, ma'am.
5 AUDIENCE MEMBER: Oh, I'm sorry.
6
7 THE CHAIRMAN: Thank you.
8 MS. McDONALD: We'd like to thank -- like I
9 said, the community would like to thank
10 Councilman Davis. And we are trying to work
11 with the Boyds about this. We do not want
12 access from
13 quiet, residential, crime-free community, and
14 many of us have lived there for many
15 generations, but we are hoping that they will
16 access from the south, not the north, because
17 it -- the traffic would be horrendous. We've
18 already had many accidents up at
19 and we would appreciate not having the access on
20 Halsema.
21 THE CHAIRMAN: Thank you, ma'am.
22 Seeing no questions for Ms. McDonald,
23 Mr. Boatright, Ron Boatright, followed by
24 Ms. Boatright.
25 (Audience member approaches the podium.)
Diane
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1 AUDIENCE MEMBER: Good evening.
2 I'm Ron Boatright,
3 Mr. Joost, you actually hit on the head
4 what we were concerned about. We live on a
5 two-lane, dead-end road.
6
7 looking at putting 2- to 300 vehicles on a
8 two-lane road that comes off of a two-lane road,
9 which is
10 concern.
11 We have seen multiple accidents at Beaver
12 and Halsema. There is no red lights. There are
13 no -- there's just no traffic control in that
14 area. Putting 2- to 300 more vehicles there, we
15 won't even be able to get out and in coming home
16 and going to work. That is our concern.
17 And Mr. Joost brought up a great point,
18 bringing everybody from the south through our
19 subdivision to get back out to the north to get
20 back out
21 no other access there to I-10 except coming back
22 up and getting onto Brannan Field.
23 Like Ms. McDonald said, we're used to going
24 to bed and walking around the neighborhood and
25 leaving our doors unlocked. We have no crime
Diane
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62
1 out there. I don't think any other community in
2
3 this time. No foreclosures in the area. We
4 have multiple generations of homeowners that are
5 in this area.
6 We're not fully opposed to it; we just
7 don't appreciate the way that it's being brought
8 to us and taking our community, we feel like,
9 away from us.
10 And thank you for -- Mr. Davis, thank you
11 so much for interceding with us, and -- and we
12 hope that we can work something out.
13 Thank you all.
14 THE CHAIRMAN: Thank you, Mr. Boatright.
15 I don't see any questions.
16 Ms. Boatright, Kim Boatright.
17 AUDIENCE MEMBER: I'm going to -- thank
18 you.
19 THE CHAIRMAN: Okay. Thank you, ma'am.
20 Bonnie Reublin, followed by Mike Reublin.
21 AUDIENCE MEMBER: I'm not going to speak.
22 Thank you.
23 THE CHAIRMAN: Okay. Either one of you
24 want to speak?
25 AUDIENCE MEMBER: No.
Diane
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1 THE CHAIRMAN: Okay. Good.
2 All right. Mr. Davis, go ahead.
3 MR. DAVIS: Did you close the public
4 hearing?
5 THE CHAIRMAN: We're about to.
6 MR. DAVIS: Go ahead.
7 THE CHAIRMAN: We will close the public
8 hearing.
9 Mr. Davis.
10 MR. DAVIS: Committee, I would -- I'm okay
11 with just starting the process and moving this
12 forward. You know, I've been pretty clear with
13 Mr. Hainline and Mr. Boyd and the community on
14 us having meetings, solving this issue. I think
15 the community is pretty open to solving the
16 problem.
17 So right now, just as a starting point, I'm
18 okay. And when we come back, we'll get into the
19 details and decide whether we move forward at
20 that point. So if you wanted to support me in
21 that, I'd appreciate it.
22 THE CHAIRMAN: All right. Any other
23 speakers?
24 COMMITTEE MEMBERS: (No response.)
25 THE CHAIRMAN: Seeing none, I need a motion
Diane
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1 on the bill.
2 MR. JOOST: Move the bill.
3 MR. REDMAN: Second.
4 THE CHAIRMAN: Motion and second on the
5 bill.
6 Please open the ballot.
7 (Committee ballot opened.)
8 MR. HOLT: (Votes yea.)
9 MR. JONES: (Votes yea.)
10 MR. BROWN: (Votes yea.)
11 MR. DAVIS: (Votes yea.)
12 DR. GAFFNEY: (Votes yea.)
13 MR. JOOST: (Votes yea.)
14 MR. REDMAN: (Votes yea.)
15 (Committee ballot closed.)
16 THE CHAIRMAN: Close the ballot, record the
17 vote.
18 MS. LAHMEUR: Seven yeas, zero nay.
19 THE CHAIRMAN: By your action, you have
20 approved 2010-291.
21 Now we're going to go back and take an item
22 off the table. Let's see. Had we opened the
23 public hearing on that?
24 MR. REINGOLD: Yes.
25 THE CHAIRMAN: Okay. So we had the public
Diane
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65
1 hearing open. And Mr. Hainline, he was back in
2 the Green Room.
3 (Mr. Hainline approaches the podium.)
4 THE CHAIRMAN: We had called you, sir, on
5 -292.
6 MR. HAINLINE: Okay.
7 THE CHAIRMAN:
8 You're just going to withdraw it.
9 MR. HAINLINE: Mr. Chairman, we, at
10 Planning Commission, asked that this matter be
11 withdrawn. We are essentially converting it to
12 a small scale amendment that will come back in a
13 month or two. We're -- no need to explain it
14 here if it's okay with you-all.
15 Happy to answer any questions, though, but
16 we are asking that this be withdrawn.
17 THE CHAIRMAN: All right. Seeing no
18 questions, I'll close the public hearing.
19 Need a motion to withdraw.
20 MR. JOOST: Move to withdraw.
21 MR. REDMAN: Second.
22 THE CHAIRMAN: Motion and second to
23 withdraw.
24 Please open the ballot.
25 (Committee ballot opened.)
Diane
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1 MR. HOLT: (Votes yea.)
2 MR. JONES: (Votes yea.)
3 MR. BROWN: (Votes yea.)
4 MR. DAVIS: (Votes yea.)
5 DR. GAFFNEY: (Votes yea.)
6 MR. JOOST: (Votes yea.)
7 MR. REDMAN: (Votes yea.)
8 (Committee ballot closed.)
9 THE CHAIRMAN: Close the ballot, record the
10 vote.
11 MS. LAHMEUR: Seven yeas, zero nay.
12 THE CHAIRMAN: By your action, you have
13 withdrawn -292.
14 All right. Top of page 7, council members,
15 2010-293.
16 MR. REINGOLD: We've done that.
17 THE CHAIRMAN: Did we do that one?
18 MR. JONES: (Inaudible.)
19 THE CHAIRMAN: We did 18. That was the one
20 that Mr. Davis was working on.
21 All right. 21, 2010-294. We'll open the
22 public hearing on -294.
23 No speakers. Do we have a speaker card?
24 (Audience member approaches the podium.)
25 THE CHAIRMAN: That's all right. Go ahead,
Diane
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67
1 sir, and you can fill out a speaker card after
2 you're done.
3 He's got one already. Johnny on the spot.
4 Go ahead, sir.
5 AUDIENCE MEMBER: Henry Hoff, 5654
7 Church.
8 Just here to answer questions.
9 THE CHAIRMAN: All right. Seeing no
10 questions, no other speakers, we will close the
11 public hearing.
12 No amendment.
13 MR. JOOST: Move the bill.
14 MR. JONES: Second.
15 THE CHAIRMAN: Motion and second on the
16 bill.
17 Please open the ballot.
18 (Committee ballot opened.)
19 MR. HOLT: (Votes yea.)
20 MR. JONES: (Votes yea.)
21 MR. BROWN: (Votes yea.)
22 MR. DAVIS: (Votes yea.)
23 DR. GAFFNEY: (Votes yea.)
24 MR. JOOST: (Votes yea.)
25 MR. REDMAN: (Votes yea.)
Diane
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1 (Committee ballot closed.)
2 THE CHAIRMAN: Close the ballot, record the
3 vote.
4 MS. LAHMEUR: Seven yeas, zero nay.
5 THE CHAIRMAN: By your action, you have
6 approved -294.
7 Thank you, sir, for coming down.
8 MR. HOFF: Thank you.
9 THE CHAIRMAN: All right. -295. We'll
10 open the public hearing.
11 Mr. Boswell.
12 (Audience member approaches the podium.)
13 THE CHAIRMAN: How are you doing, sir?
14 AUDIENCE MEMBER: Just fine. Thank you.
15 Dan Boswell,
16 THE CHAIRMAN: Questions only?
17 MR. BOSWELL: Questions only.
18 THE CHAIRMAN: All right. Seeing no
19 questions, we will close the public hearing.
20 MR. JOOST: Move the bill.
21 DR. GAFFNEY: Second.
22 THE CHAIRMAN: Motion and second on the
23 bill.
24 Please open the ballot.
25 (Committee ballot opened.)
Diane M.
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69
1 MR. HOLT: (Votes yea.)
2 MR. JONES: (Votes yea.)
3 MR. BROWN: (Votes yea.)
4 MR. DAVIS: (Votes yea.)
5 DR. GAFFNEY: (Votes yea.)
6 MR. JOOST: (Votes yea.)
7 MR. REDMAN: (Votes yea.)
8 (Committee ballot closed.)
9 THE CHAIRMAN: Close the ballot, record the
10 vote.
11 MS. LAHMEUR: Seven yeas, zero nay.
12 THE CHAIRMAN: By your action, you've
13 approved 2010-295.
14 Thank you, sir.
15 MR. BOSWELL: Thank you very much.
16 THE CHAIRMAN: All right. Now, we have
17 definitely handled -296.
18 -297. I'm sure we're going to have a few
19 speakers on that one.
20 All right. Before we get to our speakers,
21 I'd like to have Mr. Crofts explain this one to
22 us.
23 Do you want me to open the public hearing
24 for that?
25 MR. REINGOLD: Sure.
Diane
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1 THE CHAIRMAN: Okay. Open the public
2 hearing.
3 Mr. Crofts.
4 MR. CROFTS: Yes. Mr. Chairman and members
5 of the committee, I have provided you and will
6 refer you to a piece of paper on your desk that
7 is labeled Ordinance 2010-297. Simply put, this
8 is to provide a time line to you with regard to
9 impacts on this particular piece of property
10 that's subject to your vote this evening.
11 (Mr. Jones exits the proceedings.)
12 MR. CROFTS: Very simply put, this
13 legislation is introduced by the City of
14
15 of 8.74 acres of property from light industrial
16 to LDR or low density residential, located along
17 the south side of
18 reflected in action by the 2010 Comprehensive
19 Plan when it was adopted on September 10th,
20 1990.
21 This property was impacted by an
22 administrative decision by the planning director
23 in October of -- 12th of 2001, when by --
24 through an administrative memorandum, the
25 director, pursuant to the ordinance code,
Diane M.
Tropia,
71
1 modified this property administratively by
2 moving the line on the map to allow the specific
3 property to be used for a specific user to an
4 industrial use. That was supported by the
5 economic development interests of the City of
6
7 That particular user on the property never
8 materialized on the property and so, therefore,
9 the property remained vacant, and -- but keep in
10 mind the fact that this property was
11 administratively changed to LI. And what we're
12 doing tonight by this legislation is introducing
13 a proposal, an application to restore it back to
14 low density residential, which has been a
15 consistent theme along this particular stretch
16 of
17 going back to consolidation of the city of
18
19 The property -- well, I'll stop right
20 there.
21 THE CHAIRMAN: Okay. Does anybody have
22 questions?
23 MR. JOOST: I do.
24 THE CHAIRMAN: Mr. Joost.
25 MR. JOOST: My question would be to -- more
Diane
M. Tropia,
72
1 for legal guidance here or to Mr. Crofts.
2 The property was originally zoned for
3 industrial; that's what the old classification
4 was?
5 MR. CROFTS: That's correct.
6 MR. JOOST: Okay. So -- and currently,
7 right now, it's zoned light industrial, IL?
8 MR. CROFTS: That's correct.
9 MR. JOOST: Now, if we go back to LDR, what
10 liability have we created to the existing
11 property owner?
12 MR. REINGOLD: Through the Chair to the
13 council member, I believe you will hear from
14 tonight Mr. Slott, who is representing the
15 property owner, who is in the audience. And to
16 paraphrase what he will tell you is the property
17 owners will most likely bring suit against the
18 City for either a takings or a Bert Harris
19 claim. I mean, those are the two suits that I
20 would anticipate coming from the property
21 owners.
22 MR. JOOST: Now, what happens in the case
23 where we leave the current zoning in place, what
24 liability do we create, if any?
25 MR. REINGOLD: There's a potential we could
Diane
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73
1 receive some type of suit from the adjacent
2 property owners regarding the process that we
3 took bringing the property from LDR to the light
4 industrial use.
5 MR. JOOST: And we did that when, back in
6 '86?
7 MR. REINGOLD: Actually, that happened in
8 October of 2001.
9 MR. JOOST: Okay. So the -- when we did
10 that North District Plan, that's when -- that's
11 when the confusion occurred, back in 1986?
12 MR. REINGOLD: Well, what I think
13 Mr. Crofts referred to, in '86, when the
14 district plan was established, it talked about
15 that stretch being of residential use. That was
16 then essentially codified in the comp plan in
17 1990 and in the zoning code in 1991 --
18 MR. JOOST: Because they just referred back
19 to what was said in 1986?
20 MR. REINGOLD: That's how I understand the
21 history of the facts.
22 MR. JOOST: How's our liability insurance?
23 THE CHAIRMAN: Could I ask a follow-up
24 question, Mr. Joost, if you're done?
25 MR. JOOST: I'm done.
Diane
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74
1 THE CHAIRMAN: Okay. Following up on what
2 Mr. Joost was saying, Mr. Reingold, would -- how
3 do you feel about our liability position in each
4 one of those scenarios? Which scenario do you
5 think we are in a better legal position, leaving
6 it the same, having changed it through --
7 administratively, or changing it and facing a
8 claim against the property owner -- claim by the
9 property owner?
10 Is that something that you can comfortably
11 answer?
12 MR. REINGOLD: I guess what I would say to
13 that is, I'm not excited about either of the
14 options, although I expect one of them would
15 happen.
16 THE CHAIRMAN: Okay. Thank you.
17 All right. I also wanted to ask
18 Mr. Crofts -- could you explain to me what the
19 public hearing process was when it was changed
20 in -- I guess that was '91 -- '90 or '91, the
21 land use was changed to residential and went
22 through some sort of process. Could you explain
23 that process?
24 MR. CROFTS: I'd be glad to.
25 As we've indicated and as was brought forth
Diane
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75
1 in the discussion, the focus on low density
2 residential along the south side of
3 Road was -- the genesis of that was through the
4 North District planning process, which was
5 adopted by resolution by the City of
6
7 that Joe Forshee was a councilman out there. It
8 was a well-vetted and well-orchestrated and
9 yearlong or more process of coming up with those
10 conclusions with lots of public involvement.
11 That theme and that idea was carried
12 forward in 1990 through the adoption of the
13 comprehensive plan, which was done through --
14 again, through public hearings, legal
15 advertisements, workshops, and a variety of
16 other opportunities for public involvement and
17 public hearings and ultimate approval.
18 That land use change in 1990, again, was
19 later -- consistently with the land use change,
20 the rezoning took place in 1991. And, again,
21 that was well-advertised, all the legal
22 requirements were done, public hearings, public
23 workshops, and other opportunities for public
24 involvement and advertising as related to and
25 required by
Diane
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76
1 ordinance code.
2 THE CHAIRMAN: Okay. Thank you, sir.
3 I'll probably have some further questions
4 after the public hearing.
5 Mr. Joost.
6 MR. JOOST: Well, I guess to Mr. Crofts or
7 to Dylan, either one of you can jump in.
8 Didn't we face a similar situation along
9 the same piece of road last year? I know we
10 talked about this.
11 THE CHAIRMAN: I can explain it if you'd
12 like or -- yes, Mr. Joost, there was a similar
13 piece of property that we were seeking to
14 clarify or change -- was it the zoning or the --
15 we were changing the zoning, but that was
16 withdrawn after we worked -- negotiated with the
17 property owner.
18 MR. JOOST: So at the conclusion of that,
19 it's still --
20 THE CHAIRMAN: It has nothing to do with
21 this particular --
22 MR. JOOST: Okay. Well, I'm just trying to
23 see if there's any kind of precedent in prior
24 action by the council.
25 In that instance, we left the zoning light
Diane M.
Tropia,
77
1 industrial?
2 THE CHAIRMAN: Left it residential,
3 correct?
4 MR. JOOST: We left it residential.
5 I thought it was light industrial.
6 THE CHAIRMAN: We --
7 MR. CROFTS: To answer your question, the
8 land use was LDR, residential, and the zoning
9 was light industrial, and we left it light
10 industrial.
11 THE CHAIRMAN: Left it -- okay. Yeah, left
12 the land use light -- left the residential
13 zoning.
14 MR. CROFTS: That's correct.
15 THE CHAIRMAN: (Inaudible.)
16 MR. JOOST: Okay. I guess that really
17 doesn't set any kind of precedent whatsoever.
18 THE CHAIRMAN: Let me go ahead and hear
19 from our speakers --
20 MR. JOOST: Thank you.
21 THE CHAIRMAN: -- and then I'm sure we'll
22 have a lively debate.
23 All right. Mr. Slott --
24 followed by Barbara Broward, followed by
25 John Peavy.
Diane M.
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78
1 If y'all could come down so we can --
2 (Audience member approaches the podium.)
3 THE CHAIRMAN: Good evening, sir.
4 AUDIENCE MEMBER: Good evening.
5 For the record, my name is
6 represent the owners of this property. My
7 address
8 32202.
9 I emphasize, I represent the owners, who,
10 of course, oppose this downzoning of their
11 property.
12 When the City can downzone a citizen's
13 property in this matter, property that I might
14 say is located within an industrial sanctuary --
15 important fact to remember -- just so as to
16 create a buffer out of my clients' property --
17 the entirety of my clients' property is to be
18 used for a buffer on this part of
19 Road, which is very near the western terminus of
20
21 road, extending down, and there is concentrated
22 residential activity as you proceed down in an
23 easterly way down
24 property, however, is near the western
25 terminus. As a matter of fact, there is
Diane
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1 commercial activity across the street from some
2 of this property.
3 It is only slightly more than eight acres.
4 This is not a big development, but they want
5 to -- by the City's action here, they want to
6 impose buffer status on this by changing the
7 zoning from IL -- and, by the way, this property
8 has been zoned IL for -- or a comparable zoning
9 for decades.
10 The action in 1991 was simply to correct
11 the plan map that wasn't consistent with the
12 zoning. And if, in fact, that was done to
13 accommodate some sort of special use, it was
14 certainly not requested by these owners and had
15 nothing to do with this property. This property
16 has been IL or industrial A since the '60s,
17 since it came out of agricultural zoning.
18 So what is happening here is -- as I
19 explained. It is not suitable for residential
20 zoning. There will be very little marketability
21 for it that way, and so the City is simply
22 taking the property by this subterfuge of
23 downzoning without compensating my clients for
24 the value of their property.
25 It is very suitable for a light industrial
Diane
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1 use. As a matter of fact, my client sold a part
2 of it for that purpose and it is being used now
3 for that purpose.
4 The objection here is that vehicular
5 traffic to serve this little bit of property
6 will come down
7 part. I dare say that if the access was in the
8 back of the property, which, by the way, is
9
10 clients' property -- if there was access from
11 the south, which we can't get, there would be no
12 controversy. But since patronage or clients or
13 its service has to come from this little part of
14
15 So we ask that you not approve this.
16 Thank you.
17 THE CHAIRMAN: Thank you, sir.
18 Any questions?
19 COMMITTEE MEMBERS: (No response.)
20 THE CHAIRMAN: I have a question.
21 Mr. Slott, I'm not sure -- I'm not
22 understanding what you meant when you said that
23 the change in '91, when we went through the
24 hearing process, was a change to the map only.
25 Could you explain what you meant?
Diane M.
Tropia,
81
1 MR. SLOTT: There was no zoning ordinance
2 passed. The -- well, in '91 there was an
3 administrative change to make the zoning map --
4 there was an error in the zoning map that was --
5 that should have come up to
6 which, by the way, under -- under the ordinance
7 2007-398, the road itself is the buffer, so --
8 and it's deemed to be the buffer.
9 So the arrow -- the point of the arrow
10 should have come up to the south boundary of
11 that road. It did not. So to make it
12 consistent with what the property was zoned,
13 namely IL, they brought the arrow up to that
14 roadway.
15 THE CHAIRMAN: So what you're saying is
16 that in '91 the land use only was changed to
17 residential, not the zoning?
18 MR. SLOTT: The land use was not changed to
19 residential.
20 THE CHAIRMAN: Is that what you're saying?
21 MR. SLOTT: No. I'm saying that in '91 --
22 excuse me. I'm sorry. I'm talking about 2001
23 where I just spoke about the administrative
24 change.
25 The land use --
Diane M. Tropia,
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1 THE CHAIRMAN: But I was asking about
2 the --
3 MR. SLOTT: In 1991, what was dealt with
4 there is the adoption of the plan by virtue of
5 the maps. Well, you have maps which are
6 supposed to coordinate and be consistent with
7 zoning. The two things go together and they're
8 supposed to be consistent.
9 There was an ambiguity here because the
10 arrow didn't go up and touch the south part of
11 the road. It sort of came into my clients'
12 property but didn't go all the way up through
13 it. So that was the correction that was made in
14 2001.
15 THE CHAIRMAN: Okay. Thank you, Mr. Slott.
16 Let me ask Mr. Crofts. You were at
17 Planning Commission, and this, I know, went on
18 for quite a while. There was a lot of
19 discussion in Planning Commission. Could you
20 explain to me what Mr. Slott is saying? Because
21 I know he made this same argument at Planning
22 Commission.
23 MR. CROFTS: I'm a little -- to the
24 Chair -- to the Chair and to the committee, I'm
25 hearing dates and I'm hearing maps and I'm
Diane
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1 hearing arrows. I can confirm the following:
2 In 1990, as a result of the adoption of the
3 comprehensive plan, that land was designated
4 LDR, low density residential. That was a
5 derivative of the 1985/1986 North District
6 Plan. So we designated it in 1990 as low
7 density residential. And I admit, historically,
8 it was zoned ILW. And I say that in my notes,
9 but in 1990 it was changed to LDR, low density
10 residential. A year later, as a result of that
11 low density residential, it was zoned RLD-G,
12 which is single-family development.
13 Those are the two things that I can verify
14 that are public knowledge and public record that
15 were held -- public hearings were held and
16 accomplished under the law of the state and the
17 City of
18 THE CHAIRMAN: So in 1991 -- thank you,
19 Mr. Slott.
20 MR. SLOTT: Okay. But wasn't there an
21 ordinance --
22 THE CHAIRMAN: Sir, I'm asking questions
23 right now. Thank you, sir. I'm done. I'm done
24 asking you questions.
25 So just to confirm, Mr. Crofts, after the
Diane
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1 public hearing process and the public meeting
2 process in '91, both the land use and the zoning
3 were residential?
4 MR. CROFTS: That's an affirmative.
5 THE CHAIRMAN: Thank you, sir.
6 Mr. Joost.
7 MR. JOOST: But basically what you're
8 saying is in 1990 the map was changed, then a
9 year later the zoning was changed to reflect the
10 map?
11 MR. CROFTS: That's correct. And that was
12 subsequently changed by an administrative
13 decision, action, memorandum by the director of
14 planning in October of 2001, done
15 administratively, according to her authority,
16 without public hearings and with all the other
17 issues that -- that have been contested --
18 MR. DAVIS: Point of order.
19 Do we need to finish the public hearings
20 and then get into all this?
21 THE CHAIRMAN: That would be nice.
22 MR. DAVIS: Okay. Sorry, Mr. Crofts.
23 We're going to -- we're going to have
24 plenty of this. I just want to get --
25 THE CHAIRMAN: Yeah. We'll get back to it,
Diane
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1 Mr. Joost.
2 Next speaker, Ms. Broward.
3 (Audience member approaches the podium.)
4 AUDIENCE MEMBER: My name is Barbara
5 Broward.
I live at
6 Perhaps I can clear some things up.
7 Okay. Originally, in 1968, when this
8 property used to be an airport, was sold to Webb
9 International, the residents of
10 which was a residential community since before
11 World War II, was concerned about encroachment
12 onto our residential community, so the City of
13
15 That was the agreement in 1968.
16 In 1986, there was an attempt to jump our
17 residential community and put warehousing on the
18 waterfront side of the property. At that time
19 there was a tremendous outcry and a tremendous
20 number of meetings and things took place. In
21 fact, at one point there were so many people
22 they had to close the doors. We couldn't --
23 because the community turned out in that kind of
24 force. That kind of involvement is what took
25 place.
Diane M.
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86
1 They decided that not only was it to remain
2 a residential community, but they were very
3 concerned about the encroachment on our
4 residential road and what was going to be
5 happening to our residences. And so in 1986,
6 they put a buffer in, which was a low density
7 residential buffer, which could be a number of
8 things.
9 The property on the south side of
10 Road, from this piece of property which is in
11 question all the way back down, which goes for
12 about three and a half miles, is all residential
13 or has retention ponds. We're just talking now
14 about an area of property that is, as Mr. Slott
15 said, about eight acres that hasn't been
16 developed into a residence for some unknown
17 reason. Everything else is a residential
18 community.
19 On the north side of the road everything is
20 residential. It's all waterfront property. In
21 fact, right across the street from it we have a
22 planned unit development, and that planned unit
23 development was put in place with the idea that
24 this was to be a residential community.
25 This ordinance, 210-297, will restore what
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1 was done to us administratively. Without public
2 knowledge, a warehouse was put in our community,
3 cleared, and went into building without our
4 knowledge, violating not only our residential
5 community but our residential road which was in
6 effect since 1968. And this was done all
7 blind. This will now restore us to a
8 residential community, a residential road, which
9 has been in effect basically since before
10 World War II.
11 THE CHAIRMAN: Thank you, Ms. Broward.
12 MS. BROWARD: Thank you.
13 THE CHAIRMAN: Mr. Peavy.
14 (Audience member approaches the podium.)
15 AUDIENCE MEMBER: John Peavy. I live at
17 As Barbara said, this started back in 1968
18 to protect the community. When Webb
19 International came in and bought Imeson
20 Industrial Park, they entered into a settlement
21 covenant agreement with the people in that
22 community stating that this would be a
23 residential community. They also limited -- no
24 roads would enter into
25 Webb International park. Plus,
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M. Tropia,
88
1 would always be a dead-end road.
2 The Bostwick Trust, yes, owned property at
3 that time. Their property faced Cedar Bay
4 Road. And, as I recall, Mr. Bostwick sat on the
5 community committee in '68 when this agreement
6 was done. His property faces a residential road
7 and should be residentially developed.
8 The zoning was in place. It was set as
9 residential. It followed the comp plan. And
10 then administratively, without any of the
11 community's knowledge, this was changed. All
12 we're asking here is that we go back to
13 democratic government where the community had
14 developed this community. They had fought for
15 it back in '68, they have fought for it every
16 year -- every time something comes up.
17 We have slowly developed that community
18 into where you have over -- since '86, homes
19 that have been built out there are over 2,800
20 square feet. Most of them are valued in --
21 350- to $500,000 range.
22 I see no reason why Mr. Bostwick is being
23 limited. He can come in and build residential
24 in that community and match the footprint that
25 has been established and has turned into a
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1 wonderful community.
2 I ask you to support this bill because
3 you're only doing what is right.
4 Thank you.
5 THE CHAIRMAN: Thank you, sir.
6 Mr. Joost.
7 Mr. Peavy --
8 MR. PEAVY: We have several --
9 THE CHAIRMAN: Mr. Peavy, Mr. Joost has a
10 question for you. I'm sorry.
11 MR. PEAVY: Yes, Mr. Joost.
12 MR. JOOST: Yes, sir. Do you have any
13 legal documentation of the covenant you're
14 speaking of back in '68 where it says they won't
15 use that road?
16 MR. PEAVY: Yeah. I have a copy of the
17 covenant at home. I didn't bring it. It's in
18 your records. Barbara has a cursory review of
19 it with her.
20 MR. JOOST: If you have an actual copy of
21 that covenant, I would like to see it. That
22 would help me make up my mind.
23 MS. BROWARD: Can I speak?
24 THE CHAIRMAN: Mr. Joost.
25 MR. PEAVY: Through the Chair to
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1 Mr. Reingold, he may have a copy of that
2 covenant.
3 MR. REINGOLD: No.
4 MR. PEAVY: You don't?
5 It should be in the City records because it
6 was -- it was -- I think the mayor at the time
7 was Tanzler, and it's -- it's there.
8 THE CHAIRMAN: Okay. Any other questions
9 for Mr. Peavy?
10 COMMITTEE MEMBERS: (No response.)
11 THE CHAIRMAN: Okay. Seeing none, we will
12 close the public hearing.
13 All right. Mr. Joost.
14 MR. JOOST: I guess to Planning, if this
15 change was made back in 2001, almost ten years
16 later, why is -- all of a sudden has this
17 bubbled up to the surface?
18 MR. CROFTS: Through the Chair to
19 Mr. Joost, this has come to light as a result of
20 some action that was taken -- well, actually a
21 part of this property to the east has brought
22 focus when we determined -- or what -- what
23 happened was -- I guess I'm trying to explain
24 that there was -- this property, this change --
25 there was an additional piece of property to the
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1 east of the property in this particular
2 application that actually had a building permit
3 and development plans approved, and they were
4 out there actually moving dirt out there when it
5 came to light from the neighbors that there was
6 supposed to be a buffer along here and how did
7 this happen with this industrial designation
8 along this particular property when there has
9 been this long-standing commitment to LDR, low
10 density residential, along this particular
11 property.
12 So that brought this whole issue of Cedar
14
15 this was done by an administrative action,
16 memorandum by the director of Planning at the
17 time, and that was felt to be questionable,
18 inappropriate, and the need to go back to what
19 the original commitment was and the original
20 designation in the comp plan.
21 MR. JOOST: How long has the current owner
22 owned that property?
23 MR. CROFTS: To the best of my knowledge,
24 the Bostwicks have owned this property for a
25 very long period. I would estimate --
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92
1 MR. JOOST: Since 1968 at least?
2 MR. CROFTS: At least, yes, sir.
3 MR. JOOST: So the current property owner
4 would have no -- would they have any idea that
5 it was rezoned to LDR? Why didn't they fight it
6 back in 1991, I guess, would be my question.
7 Would they have been noticed back in 1991 that
8 their property was being rezoned?
9 MR. CROFTS: Again, the property -- the
10 fight for this particular issue -- or the
11 determining point of this particular issue was
12 done in the '80s when that particular district
13 plan was adopted by resolution. That was a
14 pivotal point in this whole process.
15 Then we went back in 1990, to answer your
16 question, we adopted the comprehensive plan on a
17 citywide basis where we went through the public
18 meetings, the public hearings held in all
19 planning districts and all council districts,
20 and we did advertising.
21 There was not an individual -- I will tell
22 you, we did not individually contact every
23 person at that time, which there probably were
24 250- to 300,000 parcels. It was financially
25 inappropriate for us to do that, but we did do
Diane
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1 this massive public advertisement and public
2 campaign when we went through, and that's when
3 this property was locked down to the LDR land
4 use classification and a year later zoned to
5 RLD-G, which, again, was publicly advertised on
6 a broad citywide scale with workshops and
7 supportive meetings and public hearings and the
8 like.
9 MR. JOOST: At that time, would there have
10 been the orange signs put up along the property
11 line?
12 MR. CROFTS: No, sir.
13 MR. JOOST: So, I guess -- I mean, I don't
14 particularly pay attention to those various
15 publications that have the notices, I mean,
16 unless I would have any particular reason to
17 think maybe a piece of my own property was going
18 to be rezoned. So other than knowing to pay
19 specific attention to those, you know, very
20 specific publications where you normally
21 advertise that, the property owner would not
22 have known his property was being rezoned back
23 in 1986?
24 MR. CROFTS: Again, the individual property
25 owners were not notified nor signs posted, but
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1 we did this citywide, broad-scale notification,
2 maps were published in the newspaper --
3 MR. JOOST: As opposed to today where we
4 put up the orange signs?
5 MR. CROFTS: That's correct.
6 MR. JOOST: Okay. I may have some more
7 questions, but thank you.
8 (Dr. Gaffney assumes the Chair.)
9 THE CHAIRMAN: Councilman Holt.
10 MR. HOLT: Thank you, sir.
11 Council members, I just want to kind of go
12 through it. Most of it has already been said,
13 but let me just see if I can go through this in
14 an orderly fashion.
15 As was said, in 1968, this property
16 bordered right on the old
17 we built the new airport, the City sold that
18 property to Webb International and -- and there
19 began to be a concern in the area on
20 Road that industrial properties would come
21 on- -- and traffic would come onto their road.
22 In 1986, the council member at the time,
23 Joe Forshee, met with all the property owners in
24 the area, including the Bostwicks, and I think
25 someone here tonight said that one of the
Diane M.
Tropia,
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1 Bostwick family members was on the committee.
2 And they discussed what would be done with those
3 properties in the area.
4 Following up on that, the next
5 comprehensive plan in '90 and '91, public
6 hearings were held. And through the normal
7 process, it was changed to residential.
8 Ten years later, in 2001, the Planning
9 Department, working with the JEDC, was trying to
10 attract a coffee bean company to
11 This company wanted to work with Maxwell House
12 and they found this piece of property. And
13 Jeannie Fewell, at the time, administratively
14 changed the -- changed the land use on this
15 property. And there was no public hearing. It
16 was just her -- I don't even think it was her
17 signature that was on it. It was a planning
18 staffer that signed off on this.
19 What I would like to do through this -- and
20 I'm -- as Mr. Crofts said, I'm kind of pushing
21 behind this because another piece of property
22 down the road that had been part of this was
23 changed administratively as well, the
24 neighborhood had no idea that it had been
25 changed. And so when they went through the
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1 building permit process, the neighborhood
2 contacted me and said, what on earth? We looked
3 at it further and said, well, there are three
4 more properties down the road that were changed
5 administratively at that same time.
6 We need to bring it back, change it to what
7 it was originally in '91, and then let this
8 property owner come back and legitimately ask
9 for a land use change and rezoning. And that's
10 all I'm asking for here is for us to go
11 through -- change it back to what it
12 legitimately was in '91 and then let them come
13 back and go through the normal process that they
14 did not go through in '91.
15 It's not their fault, but it's not the
16 neighbors fault either. It was the decision of
17 the Planning Department at the time and a
18 planning director that's no longer with us, so
19 all I ask for is that we change -- what I'm
20 requesting here is that we change this back to
21 what it was appropriately designated in '91
22 through the whole public hearing process.
23 If we do that and then they come back and
24 request to change to IL and it's supported, I'm
25 a happy camper, but I want us to do this the
Diane M.
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1 legal and right way.
2 Thank you.
3 (Mr. Holt resumes the Chair.)
4 MR. JOOST: One question.
5 THE CHAIRMAN: Mr. Joost.
6 MR. JOOST: Sorry. Let me play devil's
7 advocate for a minute. Let's say I owned
8 property in '68 and bought it properly under the
9 original zoning and no sign was ever posted on
10 my property and now you're telling me I've got
11 to come back and zone it to what it -- to what I
12 bought it for. Why should I have to do that?
13 I mean, I'm just asking. At this point, I
14 have no idea what to do.
15 I mean, how -- let me ask you this: How is
16 it fair to ask this gentleman out in the
17 audience to spend all the legal fees -- he's
18 going to have to come down and be represented to
19 have the property zoned to what it was zoned in
20 the first place for?
21 THE CHAIRMAN: Well, if you're asking me,
22 my answer to that question would be that -- I
23 know things were done differently back then, but
24 we have been told that the landowner at that
25 time was a part of the process, that he was
Diane
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1 actually a part of the committee that met on
2 this during -- in '86 and subsequently in
3 '90/'91. If they were a part of the process in
4 '86, I would think that they would know to look
5 out in '90/'91 and participate in the public
6 hearing process.
7 MR. JOOST: Okay. That makes sense.
8 THE CHAIRMAN: Mr. Davis.
9 MR. DAVIS: The truth is this: There's two
10 bad decisions and there's not --
11 MR. JOOST: (Inaudible.)
12 MR. DAVIS: Yeah.
13 We're only responsible for what we can do
14 today. I believe we should support the district
15 councilmember. It's going to end up in the
16 court of law one way or the other and they're
17 going to figure out -- either -- somebody is
18 going to settle and somebody is going to be made
19 whole through the process, but there was a
20 mistake made a long time ago and I think we need
21 to do what we can to support the district
22 councilmember, the community, and let the chips
23 fall where they may after that.
24 But the only thing we have control over is
25 what we can do today, not what happens in the
Diane
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1 court or what happened a long time ago, so I say
2 let's just move on and vote it up or down.
3 THE CHAIRMAN: Thank you, sir.
4 Seeing no further speakers, please open the
5 ballot.
6 MR. REINGOLD: (Inaudible.)
7 MR. JOOST: Move the bill.
8 THE CHAIRMAN: I'm sorry.
9 MR. DAVIS: Second.
10 THE CHAIRMAN: Motion and second on the
11 bill.
12 Please open the bat ballot.
13 (Committee ballot opened.)
14 MR. HOLT: (Votes yea.)
15 MR. DAVIS: (Votes yea.)
16 DR. GAFFNEY: (Votes yea.)
17 MR. JOOST: (Votes yea.)
18 MR. REDMAN: (Votes yea.)
19 (Committee ballot closed.)
20 THE CHAIRMAN: Close the ballot, record the
21 vote.
22 MS. LAHMEUR: Five yeas, zero nay.
23 THE CHAIRMAN: By your action, you have
24 approved -297.
25 All right. What -298. Let's open the
Diane
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1 public hearing.
2 Mr. Crofts, could you explain this one to
3 us?
4 MR. CROFTS: Yes, Mr. Chairman and members
5 of the committee. This is a text amendment to
6 the 2010 -- 2030 Comprehensive Plan that deals
7 with a resolution of a -- or the outcome of a
8 settlement agreement. It is a policy addition
9 to the transportation element of the
10 comprehensive plan dealing with circumstances
11 whereupon roads -- local roads that are
12 connected to minor arterials can only be widened
13 to encompass increased vehicular traffic or
14 capacity if the majority of the landowners
15 located along those roads agree to it. And we
16 want to add this as -- again, as I said, it's a
17 result of a process that took place with regard
18 to a specific road, River
19 San Marco area.
20 THE CHAIRMAN: For those of you who
21 remember the River
22 All right. We have one speaker, Estelle
23 Vickery.
24 Ms. Vickery, come on down.
25 (Audience member approaches the podium.)
Diane M.
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1 AUDIENCE MEMBER: Questions only.
2 THE CHAIRMAN: And just to let you know,
3 Ms. Vickery has marked she is in support of the
4 bill.
5 Anyone have any questions?
6 AUDIENCE MEMBER: Estelle Vickery, 1612
7 River
8 Only if there are questions.
9 THE CHAIRMAN: All right. Seeing no
10 questions, I will close the public hearing.
11 Thank you, ma'am.
12 MR. JOOST: Move the bill.
13 MR. DAVIS: Second.
14 (Inaudible discussion.)
15 MR. JOOST: On -298?
16 THE CHAIRMAN: There's no amendment yet.
17 Mr. Gaffney, can I switch with you?
18 DR. GAFFNEY: Yes.
19 (Dr. Gaffney assumes the Chair.)
20 MR. HOLT: Kind of to play off of our last
21 issue and hopefully to make sure that it doesn't
22 ever happen again, I wanted to introduce an
23 amendment attached to this to deal with access
24 for properties with industrial uses on dead-end
25 local roads that primarily serve residential
Diane M.
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1 uses.
2 My amendment is that access for properties
3 with residential -- with industrial uses shall
4 be prohibited on dead-end local roads that
5 primarily serve residential uses, something in
6 the -- such as
7 Road.
8 MR. DAVIS: I have a question.
9 THE CHAIRMAN: Question, Councilman Davis.
10 MR. DAVIS: Yes, sir.
11 Does this apply only to this bill?
12 Obviously, yes?
13 MR. HOLT: It would just be on this bill,
14 but it would apply in any future cases. It
15 would be a comp plan change.
16 THE CHAIRMAN: Sean, Mr. Kelly.
17 MR. KELLY: Through the Chair, I was just
18 going to bring up the fact that there was an
19 earlier transmittal,
20 this would have an impact on that situation.
21 MR. DAVIS: I just think that -- man, you
22 paint -- I guess this would be my concern: I
23 understand the chairman's amendment, but, man,
24 that's a broad brush.
25 MR. HOLT: Okay. Can I --
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1 MR. DAVIS: Yeah.
2 MR. HOLT: Can I make a -- through the
3 Chair to Mr. Reingold. Would it be appropriate
4 for me to -- instead of painting with a broad
5 brush -- which Mr.
6 that this might apply to a lot of -- can I
7 change the language to only apply to
8 Road? How would you -- since you crafted this
9 for me the first time, how would you craft
10 that?
11 MR. DAVIS: On
12 industrial uses.
13 MR. HOLT: Access to -- for properties on
14
15 prohibited on dead-end local roads that
16 primarily serve residential uses.
17 Thank you.
18 THE CHAIRMAN: Mr. Reingold.
19 MR. REINGOLD: Access for properties with
20 industrial uses shall be prohibited on
21 Road, a dead-end local road that primarily
22 serves residential uses.
23 MR. DAVIS: (Inaudible.)
24 MR. JOOST: Second.
25 (Mr. Holt resumes the Chair.)
Diane
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1 MR. DAVIS: I'm all in favor of it, but we
2 need to work on that language because that was
3 not -- that -- Dylan --
4 THE CHAIRMAN: I'll work on it next week.
5 MR. DAVIS: Y'all do that and then just
6 clean it up for Tuesday night, but it -- the
7 concept I'm fine with.
8 THE CHAIRMAN: Okay. All in favor of the
9 amendment signify by saying aye.
10 COMMITTEE MEMBERS: Aye.
11 THE CHAIRMAN: The amendment passes.
12 MR. JOOST: Move the bill as amended.
13 DR. GAFFNEY: Second.
14 THE CHAIRMAN: Motion and second on the
15 bill as amended.
16 Please open the ballot.
17 (Committee ballot opened.)
18 MR. HOLT: (Votes yea.)
19 MR. BROWN: (Votes yea.)
20 MR. DAVIS: (Votes yea.)
21 DR. GAFFNEY: (Votes yea.)
22 MR. JOOST: (Votes yea.)
23 MR. REDMAN: (Votes yea.)
24 (Committee ballot closed.)
25 THE CHAIRMAN: Close the ballot, record the
Diane
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1 vote.
2 MS. LAHMEUR: Six yeas, zero nays.
3 THE CHAIRMAN: By your action, you have
4 approved 2010-298 as amended.
5 All right. -311 is deferred. -312 is
6 deferred, as well as all of page 9. All of
7 page 10 and page 11 are second and rereferred.
8 Did I miss anything, folks? I know I
9 jumped around quite a bit.
10 COMMITTEE MEMBERS: (No response.)
11 THE CHAIRMAN: We're all good?
12 All right. Have a good evening, everybody.
13 We're adjourned.
14 (The above proceedings were adjourned at
15 6:45 p.m.)
16 - - -
17
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20
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25
Diane M.
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1 C E R T I F I C A T E
2
3 STATE OF
4 COUNTY OF DUVAL :
5
6 I, Diane M. Tropia, certify that I was
7 authorized to and did stenographically report the
8 foregoing proceedings and that the transcript is a
9 true and complete record of my stenographic notes.
10 Dated this 22nd day of May, 2010.
11
12
13
14 Diane M. Tropia
15
16
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Diane
M. Tropia,