1 CITY OF
2 LAND USE AND ZONING
3 COMMITTEE
4
5
6 Proceedings held on Thursday, January 21,
7 2010, commencing at 5:05 p.m., City Hall, Council
8 Chambers, 1st Floor,
9 Diane M. Tropia, a Notary Public in and for the State
10 of
11
12 PRESENT:
13 RAY HOLT, Chair.
WARREN JONES, Vice Chair.
14 REGINALD BROWN, Committee Member.
JOHNNY GAFFNEY, Committee Member.
15 DON REDMAN, Committee Member.
16
ALSO PRESENT:
17
JOHN CROFTS, Deputy Director, Planning Dept.
18 SEAN KELLY, Chief, Current Planning.
FOLKS HUXFORD, Zoning Administrator.
19 PAUL DAVIS, Planning and Development Dept.
DYLAN REINGOLD, Office of General Counsel.
20 MERRIANE LAHMEUR, Legislative Assistant.
JESSICA STEPHENS, Legislative Assistant.
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Diane M.
Tropia,
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1 P R O C E E D I N G S
2 January 21, 2010 5:05 p.m.
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4 THE CHAIRMAN: Welcome back, everybody.
5 We toyed with the idea of having this
6 meeting yesterday in the park, but we couldn't
7 figure out some of the logistics, but we're back
8 and we'll get this one done pretty quickly. I
9 would imagine we're going to be out of here in
10 about 20, 25 minutes.
11 I assume all of our nameplates are correct,
12 so we won't go through that. Let's just go
13 ahead and jump right into our agenda.
14 On page 2, item 1 is deferred.
15 Item 2, 2008-542, we will open the public
16 hearing.
17 Seeing no speakers, we'll close the public
18 hearing. There's an additional public hearing
19 on 2/2.
20 Item 3 is deferred.
21 Item 4 is marked as a deferral, but it's my
22 understanding that we are in a position to move
23 withdrawal.
24 Can I have a motion?
25 DR. GAFFNEY: Move to withdraw.
Diane M.
Tropia,
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1 MR. REDMAN: Second.
2 THE CHAIRMAN: I have a motion and a second
3 on a withdrawal.
4 (Mr. Mann approaches the podium.)
5 THE CHAIRMAN: Mr. Mann, are -- you're here
6 representing the --
7 MR. MANN: I was representing the owners of
8 the property. They have been unable to come to
9 some sort of agreement as far as a counteroffer
10 to a compromise with the Northside CPAC, and I'm
11 just not in a position to move forward without
12 all the partners being in agreement.
13 It's been on your calendar for a long time,
14 and I certainly understand your -- your action.
15 We would like a return of funds, though, since
16 there's not been a staff report written, to my
17 knowledge.
18 Thank you.
19 THE CHAIRMAN: Mr. Crofts, are you okay
20 with the refund of fees considering there's not
21 been a staff report?
22 MR. CROFTS: That's an affirmative, yes,
23 sir.
24 THE CHAIRMAN: All right.
25 MR. JONES: Move withdrawal with return of
Diane M.
Tropia,
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1 fees.
2 MR. BROWN: Second.
3 THE CHAIRMAN: We have a motion and second
4 on withdrawal with fees.
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 MR. REDMAN: (Votes yea.)
11 DR. GAFFNEY: (Votes yea.)
12 (Committee ballot closed.)
13 MS. LAHMEUR: Four yeas [sic], zero nay.
14 THE CHAIRMAN: By your action, you have
15 withdrawn 2009-350.
16 2009-402 is a deferral.
17 2009-429. We'll open public hearing.
18 Seeing no speakers, we'll continue that
19 public hearing till February 2nd and take no
20 further action.
21 209-444 is a deferral, as well as -530.
22 Page 5. All of page 5 is deferred.
23 Item 12 on page 6 is deferred.
24 Item 13, 2009-663. We will open the public
25 hearing.
Diane M.
Tropia,
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1 (Mr. Mann approaches the podium.)
2 THE CHAIRMAN: Mr. Mann is here.
3 Do we need to go ahead and read in some
4 conditions on this?
5 MR. CROFTS: Well, Mr. Chairman, for the
6 record, item -- ordinance 2009-663 is the land
7 use --
8 THE CHAIRMAN: So we'll do that on the next
9 one?
10 MR. CROFTS: Yes, sir.
11 THE CHAIRMAN: All right.
12 DR. GAFFNEY: Move the bill.
13 MR. JONES: Second.
14 THE CHAIRMAN: Motion and second on --
15 we've got to close the public hearing.
16 Did you want to speak now or on the next
17 one?
18 MR. MANN: I'll speak at the next one.
19 THE CHAIRMAN: Okay. We'll close the
20 public hearing.
21 I have a motion and a second on the bill.
22 Please open the ballot.
23 (Committee ballot opened.)
24 MR. HOLT: (Votes yea.)
25 MR. JONES: (Votes yea.)
Diane M.
Tropia,
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1 MR. BROWN: (Votes yea.)
2 MR. REDMAN: (Votes yea.)
3 DR. GAFFNEY: (Votes yea.)
4 (Committee ballot closed.)
5 THE CHAIRMAN: Close the ballot, record the
6 vote
7 MS. LAHMEUR: Five yeas, zero nay.
8 THE CHAIRMAN: By your action, you have
9 approved 2009-663.
10 Now -664. We will open the public
11 hearing.
12 And if anybody wants to declare ex-parte,
13 now would be the time.
14 Yes, no, maybe?
15 MR. BROWN: Yes. I need to declare
16 ex-parte. Actually, I conducted a series of
17 meetings during the month of December, during
18 the Christmas holidays, with both Mr. Mann as
19 well as the Pickettville community to discuss
20 this issue.
21 THE CHAIRMAN: Excellent. Doing a fine
22 job, Mr. Brown.
23 Mr. Crofts, can you read the conditions?
24 And Mr. Mann can make sure that everything is
25 correct.
Diane M.
Tropia,
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1 MR. CROFTS: Be glad to.
2 The conditions are as follows:
3 Condition number 1, "The development shall
4 be subject to the original legal description
5 dated October 27th, 2009."
6 Number 2, "The development shall be subject
7 to the revised written description dated January
8 5th, 2010."
9 Number 3, "The development shall be subject
10 to the original site plan dated October 8th,
11 2009."
12 Number 4, "The development shall be subject
13 to the Development Services Division memorandum
14 dated October 20th, 2009, or as otherwise
15 approved by the Planning and Development
16 Department."
17 Number 5, "The development shall be subject
18 to the JEDC memorandum dated October 23rd,
19 2009."
20 Number 6, "The development shall be subject
21 to the City of
22 and Best Practices Handbook or as otherwise
23 approved by the Planning and Development
24 Department."
25 Number 7, "Access to
Diane M.
Tropia,
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1 be prohibited."
2 Number 8, "The applicant shall submit at
3 the time of verification of substantial
4 compliance a lighting site plan showing
5 illumination levels which shall be reviewed and
6 approved by the Planning and Development
7 Department."
8 Number 9, "The retention pond location
9 shall be subject to the review and approval of
10 the JEDC, the
11 Commission."
12 Number 10 and finally, "If the applicant
13 installs a chain-link fence between the subject
14 property and the adjacent residential property,
15 the fence shall be installed with slats as
16 approved by the Planning and Development
17 Department."
18 That concludes the amendment.
19 THE CHAIRMAN: Excellent.
20 MR. MANN: Mr. Chairman, may I go back to
21 Mr. Crofts, please, for a moment?
22 THE CHAIRMAN: Sure. Do you want to take
23 this aside or --
24 MR. MANN: No, sir. I'll make it quick
25 from here.
Diane M.
Tropia,
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1 THE CHAIRMAN: Okay.
2 MR. MANN: Mr. Crofts, it was my
3 understanding that there would be a secondary
4 access available if it was approved by the City
5 traffic engineer. Did I miss that in the list
6 of conditions?
7 MR. CROFTS: I think that was in the site
8 plan originally off
9 have not changed that. We just precluded --
10 excluded the access on
11 MR. MANN: Okay.
12 THE CHAIRMAN: Everybody good?
13 MR. MANN: Councilman Brown, are you
14 comfortable with that?
15 MR. BROWN: I'm fine.
16 MR. MANN: Okay, sir.
17 THE CHAIRMAN: All right. I just want to
18 make everybody comfortable because -- gosh, I
19 had one a year or so ago that is coming back
20 because we didn't make sure everything was
21 perfect when it was read into the record. I
22 don't want that to happen again.
23 Okay. Well, we have the amendment read.
24 Could I have somebody move it?
25 DR. GAFFNEY: Move the bill.
Diane M.
Tropia,
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1 THE CHAIRMAN: Move the amendment.
2 MR. JONES: Second.
3 THE CHAIRMAN: I have a motion and a second
4 on the amendment.
5 All in favor of the amendment signify by
6 saying aye.
7 COMMITTEE MEMBERS: Aye.
8 THE CHAIRMAN: The amendment passes.
9 MR. JONES: Move the bill as amended.
10 MR. REDMAN: Second.
11 THE CHAIRMAN: Motion and a second on the
12 bill as amended.
13 Please open the ballot.
14 (Committee ballot opened.)
15 MR. HOLT: (Votes yea.)
16 MR. JONES: (Votes yea.)
17 MR. BROWN: (Votes yea.)
18 MR. REDMAN: (Votes yea.)
19 DR. GAFFNEY: (Votes yea.)
20 (Committee ballot closed.)
21 THE CHAIRMAN: Close the ballot, record the
22 vote
23 MS. LAHMEUR: Five yeas, zero nay.
24 THE CHAIRMAN: By your action, you have
25 approved 2009-664.
Diane M.
Tropia,
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1 Thank you.
2 MR. MANN: Mr. Chairman, we would like to
3 thank Councilman Brown and the Planning
4 Department, Mr. Davis and Mr. Crofts for the
5 time and effort that they put in to working this
6 out with the neighborhood in coming up with
7 viable alternatives.
8 Thank you all very much, gentlemen, for the
9 time and effort you put in.
10 THE CHAIRMAN: That's the way it's supposed
11 to work.
12 All right. Number 15 is deferred.
13 Number 16, 2009-864. We'll open the public
14 hearing.
15 No speakers, so we'll continue that to
16 February 2nd and take no further action.
17 2009-892. We have one speaker. We'll open
18 the public hearing.
19 Mr. Vorpe.
20 (Audience member approaches the podium.)
21 THE CHAIRMAN: Is it Vorpe or Vorpe
22 (pronouncing)? I'm sorry.
23 AUDIENCE MEMBER: It's Vorpe,
24 Mr. Chairman.
25 Henry Vorpe,
Diane M.
Tropia,
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1 And I'm here only if there's any questions
2 from the members.
3 THE CHAIRMAN: All right. Seeing no
4 questions --
5 MR. JONES: I have one.
6 THE CHAIRMAN: Mr. Jones has a question.
7 MR. JONES: The bill that's before us is a
8 waiver of minimum road frontage. That was
9 denied by the Planning Commission?
10 MR. CROFTS: No.
11 MR. JONES: Okay.
12 MR. REINGOLD: Okay. To the Councilmember,
13 actually waivers of road frontage do not go to
14 the Planning Commission. They go straight to
15 the
16 MR. JONES: Okay. Thank you.
17 THE CHAIRMAN: I know it's marked by the
18 Planning Department, approval.
19 All right. Well, I need an amendment to
20 either move to grant or amend to deny.
21 MR. JONES: What's the recommendation?
22 THE CHAIRMAN: The Planning Department
23 recommends approval.
24 MR. JONES: Move the amendment.
25 MR. REDMAN: Second.
Diane M.
Tropia,
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1 THE CHAIRMAN: We have a motion and a
2 second on the amendment to grant the waiver.
3 All in favor of the --
4 MR. JONES: There's an amendment to
5 (inaudible) --
6 THE CHAIRMAN: Right. We need to move the
7 amendment by voice vote first, right?
8 MR. JONES: Yes.
9 THE CHAIRMAN: Okay. All in favor of the
10 amendment to grant the waiver, please signify by
11 saying aye.
12 COMMITTEE MEMBERS: Aye.
13 THE CHAIRMAN: The amendment passes.
14 MR. JONES: Move the bill as amended.
15 MR. BROWN: Second.
16 THE CHAIRMAN: We have a motion and second
17 on the bill to grant the waiver as -- please
18 open the ballot.
19 (Committee ballot opened.)
20 MR. HOLT: (Votes yea.)
21 MR. JONES: (Votes yea.)
22 MR. BROWN: (Votes yea.)
23 MR. REDMAN: (Votes yea.)
24 DR. GAFFNEY: (Votes yea.)
25 (Committee ballot closed.)
Diane M.
Tropia,
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1 THE CHAIRMAN: Close the ballot, record the
2 vote.
3 MS. LAHMEUR: Five yeas, zero nay.
4 THE CHAIRMAN: By your action, you have
5 moved the bill to grant the waiver.
6 MR. REINGOLD: Mr. Chair.
7 THE CHAIRMAN: Mr. Reingold.
8 MR. REINGOLD: Through the Chair to the
9 applicant, I've received some correspondence
10 from, I believe, your office. I'm just
11 expecting some clarification on the agent
12 authorization issue. We just hope that that
13 gets to our office by Tuesday before City
14 Council, before it passes out.
15 MR. VORPE: It will.
16 THE CHAIRMAN: All right. Thank you, sir.
17 MR. VORPE: Thank you.
18 THE CHAIRMAN: Appreciate that.
19 Make sure our Ts are crossed and Is are
20 dotted.
21 We are at number 18, which is deferred.
22 19, 2009-930. We will open the public
23 hearing.
24 No speakers, so we'll close the public
25 hearing and --
Diane M.
Tropia,
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1 MR. JONES: Move the amendment to grant the
2 waiver.
3 DR. GAFFNEY: Second.
4 THE CHAIRMAN: This is a waiver of minimum
5 road frontage. We have a motion and a second on
6 the amendment to grant the waiver.
7 All in favor of the amendment --
8 MR. KELLY: Through the Chair, there is a
9 stipulation the department would like to add
10 with --
11 THE CHAIRMAN: Okay.
12 MR. KELLY: -- regards to addressing this
13 property.
14 The department recommends that the address
15 shall be clearly posted at the intersection of
16 Lewie Mickles right-of-way and
17 THE CHAIRMAN: Okay. Whoever moved the
18 amendment, are you moving it as amended by
19 Mr. Kelly?
20 MR. JONES: Yes.
21 THE CHAIRMAN: Okay. As stated by
22 Mr. Kelly.
23 DR. GAFFNEY: Second.
24 THE CHAIRMAN: We have a motion and second
25 on the amendment to grant the waiver.
Diane M.
Tropia,
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1 All in favor of the amendment -- I'm
2 sorry. Mr. Reingold.
3 MR. REINGOLD: I know Mr. Kelly just stated
4 a condition for this waiver, and it was, I don't
5 think, in the staff report. Is the applicant
6 aware of this condition that the Planning
7 Department would like to place on the
8 applicant?
9 THE CHAIRMAN: That's a good question.
10 MR. HUXFORD: To the Chair, the applicant
11 is here.
12 THE CHAIRMAN: Come on down, sir.
13 We're very informal tonight.
14 (Audience member approaches the podium.)
15 AUDIENCE MEMBER: Good evening.
16 Yes, I'm aware now, having just -- just
17 heard it there, Mr. Reingold.
18 THE CHAIRMAN: Okay. Could you state your
19 name and address for the record, sir?
20 AUDIENCE MEMBER: Sure.
21 My name is James Bradley Wright. I live at
23 I am the -- the owner of the property
24 seeking the minimum waiver of road frontage to
25 build my family home.
Diane M.
Tropia,
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1 THE CHAIRMAN: Okay. And are you okay with
2 that condition that Mr. Kelly just placed --
3 MR. WRIGHT: Yes, sir. That was our plan
4 all along, where to put my mailbox. That is
5 exactly where I wanted to put it.
6 THE CHAIRMAN: Excellent. All right. I'm
7 glad we got it on the record.
8 Thank you, sir.
9 MR. WRIGHT: Okay.
10 THE CHAIRMAN: Okay. And we were about to
11 say all in favor of the amendment, please
12 signify --
13 (Discussion held off the record.)
14 THE CHAIRMAN: Are we good?
15 Okay. He's filling out a blue card?
16 MR. CROFTS: Yes.
17 THE CHAIRMAN: -- please signify by saying
18 aye.
19 COMMITTEE MEMBERS: Aye.
20 THE CHAIRMAN: The amendment passes.
21 MR. JONES: Move the bill as amended to
22 grant the waiver.
23 MR. BROWN: Second.
24 THE CHAIRMAN: We have a motion and a
25 second to grant the waiver.
Diane M.
Tropia,
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1 Please open the ballot.
2 (Committee ballot opened.)
3 MR. HOLT: (Votes yea.)
4 MR. JONES: (Votes yea.)
5 MR. BROWN: (Votes yea.)
6 MR. REDMAN: (Votes yea.)
7 DR. GAFFNEY: (Votes yea.)
8 (Committee ballot closed.)
9 THE CHAIRMAN: Close the ballot, record the
10 vote.
11 MS. LAHMEUR: Five yeas, zero nay.
12 THE CHAIRMAN: By your action, you have
13 granted the waiver.
14 MR. WRIGHT: Thank you, sir.
15 THE CHAIRMAN: Are we good?
16 MR. WRIGHT: I have one more question.
17 How will -- what record will I have or
18 knowledge that I have the minimum waiver of road
19 frontage? Because I'm about to go submit for my
20 building permits to the City to start building.
21 THE CHAIRMAN: That's a good question.
22 How soon will he get paperwork, Mr. Kelly
23 or Mr. Crofts?
24 MR. REINGOLD: To the Chair, the item will
25 go to the City Council for a final vote on
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
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1 Tuesday and then it will be signed by the
2 corporate -- I mean, the Council president and
3 the City Council secretary. It may take a day
4 or two for that after that Tuesday.
5 THE CHAIRMAN: So could he go down to the
6 Planning Department and get the paperwork in
7 about a week and a half from now?
8 MR. HUXFORD: To the Chair, Mr. Wright and
9 I have worked before on this, and he can come to
10 me next week and I'll work with him to proceed
11 with permit issuance.
12 MR. WRIGHT: Okay.
13 THE CHAIRMAN: Shortly after Tuesday's
14 meeting.
15 MR. HUXFORD: Just give us -- give the City
16 Council time to do their thing.
17 MR. WRIGHT: Will do.
18 Thank you very much.
19 THE CHAIRMAN: All right. Thank you, sir,
20 for coming down.
21 MR. WRIGHT: You're welcome.
22 THE CHAIRMAN: Are we good?
23 MR. REINGOLD: (Nods head.)
24 THE CHAIRMAN: Okay -931 is deferred.
25 2009-932.
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
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1 MR. JONES: Move the bill.
2 DR. GAFFNEY: Second.
3 THE CHAIRMAN: Motion and a second on the
4 bill.
5 Did we want to have Mr. Rezeau come and
6 speak on this?
7 COMMITTEE MEMBERS: (Inaudible response.)
8 THE CHAIRMAN: Mr. Rezeau, could you come
9 up and just give us a real quick summary on
10 this? Make sure that people aren't going to get
11 shot in this new hunting area.
12 (Audience member approaches the podium.)
13 AUDIENCE MEMBER: Nathan Rezeau, Division
14 Chief, Waterfront Management Programing.
15 To the Chair, this is actually an amendment
16 to an existing cooperative management agreement
17 we have with the St. Johns Water Management
18 District and the Florida Fish and Wildlife
19 Conservation Commission to allow hunting.
20 This will actually bring in some additional
21 property to the existing boundary limits of the
22 park that weren't previously allowing hunting.
23 We're bringing in an additional 667 acres to
24 bring the total acreage to 2,417, I believe, to
25 allow hunting up at the Kings Road Historical
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
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1 Park, Thomas Creek conservation area.
2 THE CHAIRMAN: Thank you, sir.
3 Anybody have any questions?
4 COMMITTEE MEMBERS: (No response.)
5 THE CHAIRMAN: I have a question.
6 Who manages the area and allows people to
7 come on to hunt?
8 MR. REZEAU: This, again -- the property
9 itself is actually co-owned and co-managed with
10 the City and the St. Johns Water Management
11 District. There's a 50/50 title on the
12 property. We do the recreation amenity
13 management. The District does the land
14 management.
15 However, with regard to hunting, that's the
16 third party, being FWC, actually administers the
17 hunts. It's a quota permit. Basically, these
18 permits are issued through the Florida Fish and
19 Wildlife Conservation Commission. People have
20 to have a hunting license, they have to attend a
21 hunting course in order to get a hunting
22 license.
23 And this particular site has a certain
24 number of quotas for each of the individual
25 hunts, and that's done by random drawing,
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
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1 basically. So as long as you have a hunting
2 permit, been to that hunting course, you can
3 apply for one of those quota permits. And
4 those, again, are -- are randomly drawn and
5 issued.
6 THE CHAIRMAN: Excellent.
7 Thank you, sir, for coming down tonight.
8 All right. We have a motion and second.
9 Please open the ballot.
10 (Committee ballot opened.)
11 MR. HOLT: (Votes yea.)
12 MR. JONES: (Votes yea.)
13 MR. BROWN: (Votes yea.)
14 MR. REDMAN: (Votes yea.)
15 DR. GAFFNEY: (Votes yea.)
16 (Committee ballot closed.)
17 THE CHAIRMAN: Close the ballot, record the
18 vote.
19 MS. LAHMEUR: Five yeas, zero nay.
20 THE CHAIRMAN: By your action, you have
21 approved 2009-932.
22 And the rest of our items, I believe, are
23 second and rereferred on page 9.
24 Am I missing anything, folks?
25 COMMITTEE MEMBERS: (No response.)
Diane M.
Tropia,
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1 STAFF MEMBERS: (No response.)
2 THE CHAIRMAN: We are done.
3 (The above proceedings were adjourned at
4 5:20 p.m.)
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Diane M.
Tropia,
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1 C E R T I F I C A T E
2
3 STATE OF
4 COUNTY OF DUVAL :
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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 24th day of January, 2010.
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14 Diane M. Tropia
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Diane M.
Tropia,