1 CITY OF
2 LAND USE AND ZONING
3 COMMITTEE
4
5
6 Proceedings held on Tuesday, November 20,
7 2007, 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 ART SHAD, Acting Chair.
JACK WEBB, Committee Member.
14 BILL BISHOP, Appointed Committee Member.
RAY HOLT, Appointed Committee Member.
15
16 ALSO PRESENT:
17
JOHNNY GAFFNEY, City Council Member.
18 JOHN CROFTS, Deputy Director, Planning Dept.
MARGO MOEHRING, Planning and Development Dept.
19 KEN AVERY, Planning and Development Dept.
STEVE SMITH, Planning and Development Dept.
20 FOLKS HUXFORD, Planning and Development Dept.
21 JASON TEAL, Office of General Counsel.
JESSICA STEPHENS, Legislative Assistant.
22 MERRIANE LAHMEUR, Legislative Assistant.
23 - - -
24
25
Diane M.
Tropia,
2
1 P R O C E E D I N G S
2 November 20, 2007 5:05 p.m.
3 - - -
4 THE CHAIRMAN: Good afternoon. We'll go
5 ahead and get started.
6 We'll call to order the Land Use and Zoning
7 Committee, the
8 Tuesday, November 20th, a few minutes after
9 5:00.
10 I'm Art Shad, your Chair, filling in for
11 Mr. Yarborough, who was filling in for
12 Mr. Corrigan.
13 We have a number of excusals:
14 Mr. Corrigan, Mr. Yarborough, Mr. Clark,
15 Ms. Jones, and Ms. Lee.
16 Appointed to serve today on Land Use and
17 Zoning is Councilmember Bishop and
18 Councilmember Holt. I will be serving as Chair
19 and Councilmember Webb will be serving as
20 Vice Chair.
21 We will get started. We're going to take a
22 couple of items out of order. First, if we
23 could go -- is Ms. Barnes here, the school board
24 member?
25 AUDIENCE MEMBERS: (No response.)
Diane M.
Tropia,
3
1 THE CHAIRMAN: Okay. We will wait on that
2 item.
3 We'll go -- is Mr. Gaffney here?
4 DR. GAFFNEY: (Indicating.)
5 THE CHAIRMAN: Welcome.
6 I'd like to also acknowledge Councilmember
7 Gaffney is with us as well.
8 Sir, you have a couple of items?
9 DR. GAFFNEY: Yes.
10 THE CHAIRMAN: On page 8 -- if we can turn
11 to item 24 on page 8.
12 Item 24, 2007-1046. We have a public
13 hearing, so let's -- before we have the public
14 hearing -- Mr. Gaffney, has there been -- I see
15 a substitute here in front of us. Can someone
16 speak to that so that the people who are going
17 to speak --
18 DR. GAFFNEY: Jason will speak to that.
19 THE CHAIRMAN: Thank you.
20 MS. ELLER: And as Mr. Teal arrives, the
21 requested action to the committee is substitute
22 and rerefer with additional public hearings.
23 THE CHAIRMAN: Okay. I'll make sure that's
24 clear.
25 So where are we at, Mr. Teal?
Diane M.
Tropia,
4
1 MR. TEAL: Thank you, Mr. Chairman.
2 What the substitute will do is it will, in
3 essence, require the establishment of a list of
4 all of the facilities in
5 going to be subject to this requirement.
6 So what it does is it requires within
7 90 days of the effective date of the ordinance
8 all of the special use facilities in
9 have to submit to the Planning Department
10 director the information that shows the accurate
11 square footage of the facility's living space as
12 it existed on December 21st, 2000.
13 It requires them to show licensure or
14 permit information from the relevant State
15 agency that shows a continuous operation of the
16 facility since prior to December 21st, 2000.
17 It requires a statement or an affidavit or
18 permit information that shows the number of
19 residents that were legally entitled to occupy
20 the property -- or the facility on or before
21 December 21st, 2000.
22 It also requires the facility to identify
23 the number of people that they consider to be
24 staff members, and what that will do is --
25 because the
Diane M.
Tropia,
5
1 enacted on December 21st, 2000 -- establish that
2 there shall be no new special use facilities.
3 So we are using that date as the deadline
4 for how many of these facilities were in
5 existence, what size were they, how many
6 residents were they legally entitled to have
7 within those facilities.
8 So what that will do is that will establish
9 the laundry list of the facilities, and then it
10 will, in essence, make those legally
11 nonconforming uses. So it will not have a
12 square footage requirement. It won't have any
13 of those requirements.
14 It will keep the ones pertaining to
15 chain-link fences and -- that were already in
16 there because those were a different issue, but
17 basically as we listened to both sides at the
18 public hearings -- and Dr. Gaffney can talk
19 about what we did with both sides to come up
20 with this compromise, but what it will do is it
21 will allow those that are in existence or were
22 in existence legally on December 21st, 2000, to
23 continue in existence until such time as they're
24 legal nonconforming status changes.
25 THE CHAIRMAN: That's the substitute that's
Diane M.
Tropia,
6
1 in front of us.
2 Councilmember Gaffney.
3 DR. GAFFNEY: Thank you, Mr. Chair.
4 Yes. I just want to give a synopsis of how
5 we arrived to the situation.
6 We met with both parties, both sides, and
7 everybody really wants this to be a very
8 amicable and expeditious matter, get it
9 resolved. And we both sat down -- both sides
10 sat down and we came to an agreement, and
11 basically it pretty much grandfathers the groups
12 in that were there in 2000, which that's
13 originally what we were trying to accomplish
14 anyway.
15 So both groups has agreed to a compromise
16 that -- that's something that's workable for
17 both sides.
18 Thank you.
19 THE CHAIRMAN: Great. We have public a
20 hearing first, so let me announce that.
21 I have a number of speakers here. We are
22 going to open and continue this public hearing.
23 So you're welcome to speak today, but we are
24 going to have another public hearing in two
25 weeks and you may want to digest the substitute
Diane M.
Tropia,
7
1 before us -- go ahead.
2 MS. ELLER: I apologize not being clear.
3 The public -- the requested action is to
4 open and close and sub and rerefer, and then
5 we'd have to readvertise new dates, and it would
6 be after two weeks. It would have to be in
7 January in order to meet the advertising
8 deadlines for the new substance of the bill.
9 THE CHAIRMAN: Great. I stand corrected.
10 So we are going to close the public
11 hearing. It will take a couple of weeks to
12 advertise it, and then approximately four or six
13 weeks from now we will start over again with
14 another series of public hearings in front of
15 the Land Use and Zoning -- as well as in front
16 of full council, correct?
17 MS. ELLER: Correct.
18 THE CHAIRMAN: Okay. So that being said, I
19 will call the speaker cards. If you don't wish
20 to speak at this time, you could just
21 acknowledge that or come up and speak now.
22 Michael Trautmann.
23 (Audience member approaches the podium.)
24 THE CHAIRMAN: So I'll open the public
25 hearing.
Diane M.
Tropia,
8
1 Welcome.
2 AUDIENCE MEMBER: Thank you, Mr. Chairman.
3 My name is Michael Trautmann. I live at
5 I've been a resident for about 18 years and
6 have been developing in
7 20 years.
8 I'm rising in -- trying to work out
9 basically a compromise on this issue, which
10 Dr. Gaffney just spoke about. We've gotten to
11 the point, I think, where we can probably work
12 something out.
13 There's several issues that are outstanding
14 and I think that the -- that the City Council
15 should be made aware of before they make their
16 determination.
17 I've got some information that I just want
18 to share with the council and then just submit
19 it, and you can review it at your convenience,
20 and I'll just briefly go over each of those
21 items.
22 There's a State requirement that the
23 Florida Agency for Health Care Administration
24 requires. It is a form that is to be filled out
25 by the City's local zoning ordinance -- or local
Diane M.
Tropia,
9
1 zoning authorities, which states a specific
2 number of capacity -- I could read it to you.
3 To make a long story short, the capacity
4 has to be stated for each facility that's
5 located in a residential area. That capacity
6 cannot be exceeded. It's an ACHA form, and we
7 can't find it for this facility -- either one of
8 these facilities. And it's required by the
9 State of
10 I'd like to submit that for your
11 consideration.
12 Item number 2, regarding overcrowding in a
13 congregate living facility. Tom Garwood
14 (phonetic) of
15 Services suggested that you may visit their
16 staff in determining what might be a number
17 which would work whereby you would not be
18 detrimental to the recovery of the individuals
19 in the facility.
20 Otherwise -- you know, putting 25 people in
21 a 2,500-square-foot situation may be detrimental
22 to their recovery and 14 or 15 may be a lot more
23 desirable. And I'd invite you to discuss that
24 with
25 they -- they felt that that was an overcrowding
Diane M.
Tropia,
10
1 type situation as well.
2 Another issue that came before the
3 community as we tried to resolve this thing is
4 that they made a case that they could not
5 economically survive. So what I did was got
6 some scenarios that do show the per diem
7 allocations that are an average for statewide
8 facilities, which runs about $18 a day, and it
9 shows the occupancy based at 14, $18 per day,
10 yielding a gross income somewhere around $84,672
11 a year. You increase that to 25 occupants per
12 day at $18 per diem, and that increases the
13 gross income of the facility to $151,200 per day
14 [sic].
15 A traditional developer next door or down
16 the street that's renovated an existing
17 four-bedroom, 2,500-square-foot facility grosses
18 approximately 24 -- or $20,400 per year. So
19 there's a substantial amount of operating income
20 in these types of facilities.
21 So I'd like to submit that for your
22 consideration.
23 THE CHAIRMAN: Thank you.
24 Your time has expired.
25 MR. TRAUTMANN: Oh, okay.
Diane M.
Tropia,
11
1 THE CHAIRMAN: Thank you for coming down.
2 Joe Markusic.
3 (Audience member approaches the podium.)
4 THE CHAIRMAN: Welcome.
5 AUDIENCE MEMBER: Joe Markusic, 7027 Alpine
6 Street.
7 I'm here on behalf of Barbara and Grace,
8 Incorporated, one of the houses that's being
9 talked about.
10 We've been working with Dr. Gaffney -- even
11 though I've been calling Mr. Teal a lot, he's
12 just easier to get ahold of -- about this
13 issue. And we are very supportive of this
14 compromise because it allows us to exist while
15 still protecting the neighborhood, and that's
16 really what this is all about. We want to
17 protect the neighborhood and want the right --
18 our rights to exist in this neighborhood to
19 continue.
20 I have sent a message to Mr. Teal that we
21 found out there are indeed maximum numbers
22 attached to the permit issued by the Department
23 of State. So that's one issue that we've been
24 working with him to resolve, and we have done
25 it.
Diane M.
Tropia,
12
1 As far as any monetary thing, it's a
2 business and -- you know, we really can't get
3 into it, but the bottom line is it's -- I wish
4 it was as profitable as they say.
5 Tonight's meeting isn't the time to really
6 discuss this. We're going to have another -- a
7 lot of opportunities, so I'm going to not take
8 any more of your time, and thank you for your
9 consideration.
10 THE CHAIRMAN: Thank you for coming down.
11 Phil Neary, followed by Tom Stephens.
12 (Audience member approaches the podium.)
13 AUDIENCE MEMBER: Mr. Chairman, members of
14 the committee, thank you for hearing me.
15 My name is Phil Neary. I'm a board member
16 of Home Away From Home. I'm a
17 resident, homeowner -- also a homeowner there
18 for 25 years.
19 THE CHAIRMAN: Could we get your address?
20 MR. NEARY: I'm sorry?
21 THE CHAIRMAN: Could we get your address as
22 well?
23 MR. NEARY:
24 THE CHAIRMAN: Great.
25 MR. NEARY: I've also restored many homes
Diane M.
Tropia,
13
1 in the neighborhood, and I was the director of
2 the Historic
3 the
4 accomplished.
5 I'm asking that you approve the substituted
6 amendment, -1046, because with the help of
7 Councilman Gaffney I believe this substitution
8 will accomplish our goal of allowing the halfway
9 houses in
10 Overall, we believe this substitution gives
11 the halfway houses the protection they deserve,
12 it gives the community the opportunity to give
13 themselves the protection they seem to want,
14 while also allowing them to meet their statement
15 if they do not want to put halfway houses out of
16 business.
17 Now, I was under the impression that we
18 reached a compromise on both sides. Now I'm
19 hearing a little something different, that
20 there's too many people here and we're making a
21 lot of money. And I don't know where all that's
22 coming from, but I know that we are allowed so
23 many people at our location by the Department of
24 Business and Professional Regulation.
25 The other three houses are allowed so many
Diane M.
Tropia,
14
1 people by the Department of Health. I say the
2 Department of Health. So I don't think there
3 needs to be a worry that some of these
4 organizations have been operating for 40 years
5 and with -- helping just hundreds, thousands of
6 people. So I don't think that's something that
7 we need to bring back up, and I hope that --
8 with all the help that Dr. Gaffney has given us,
9 that we can move forward on this.
10 Thank you very much.
11 THE CHAIRMAN: Thank you.
12 Tom Stephens, followed by Kathy Taylor.
13 AUDIENCE MEMBERS: (No response.)
14 THE CHAIRMAN: Tom Stephens.
15 AUDIENCE MEMBERS: (No response.)
16 THE CHAIRMAN: Okay. Kathy Taylor,
17 followed by Allan Clotworthy.
18 Kathy Taylor.
19 AUDIENCE MEMBERS: (No response.)
20 THE CHAIRMAN: Allan Clotworthy.
21 (Mr. Neary approaches the podium.)
22 MR. NEARY: If I could, Mr. Chairman.
23 I have about 20 more cards here of people
24 that were willing to speak tonight but are not
25 because they will wait for the next meeting.
Diane M.
Tropia,
15
1 THE CHAIRMAN: So don't call those?
2 MR. NEARY: (Nods head.)
3 THE CHAIRMAN: Okay. Allan.
4 (Audience member approaches the podium.)
5 THE CHAIRMAN: Mr. Clotworthy.
6 AUDIENCE MEMBER: My name is Allan
7 Clotworthy. I reside at
8 THE CHAIRMAN: Welcome.
9 MR. CLOTWORTHY: Thank you for hearing us
10 tonight.
11 I've been in the health care field for
12 32 years. I just retired. I guess -- I worked
13 for the State at Macclenny at the Northeast
14
15 out there. And, you know, over the years, it
16 was -- Macclenny was originally packed in, and
17 the object was to serve as many as you possibly
18 can and crowd them in. Over the years, they
19 found this is not true. It's nice to say that
20 you can serve all the people, but to what
21 conclusion is it when you pack them in?
22 There are certain types that -- if you put
23 four people in a room, you've got a problem.
24 They have no space. There's no room for them to
25 develop anything, you know.
Diane M.
Tropia,
16
1 And we're talking about getting this thing
2 down -- I think the original (inaudible) we're
3 talking about said it was 100 square, and --
4 which means at 2,500 square, you can put in
5 25 people for your room, which is going to be
6 one of maybe five. You know, you can end up
7 with four and a half people to a room.
8 It's not really conducive to good mental
9 health, and we are talking about people that do
10 have problems. We have, you know, alcohol abuse
11 and we have drug abuse. These I've worked at in
12 mental, clinical settings, and then we've worked
13 on them with -- restoring houses down in
14
15 now, and we had them working for us then.
16 But, you know, the element is to try to get
17 you to where you can sustain a -- a life. You
18 pack them in, your life is more or less really
19 condensed.
20 Thank you very much.
21 THE CHAIRMAN: Thank you for coming down.
22 Pat LaMountain, follow by Debbie Thompson.
23 (Audience member approaches the podium.)
24 AUDIENCE MEMBER: Pat LaMountain, 1740
Diane M.
Tropia,
17
1 I just really realized this bill was
2 revised yesterday, and I just got to see it
3 today. And I think there's maybe ten people in
4
5 don't think it's fair to just spring something
6 on -- I didn't know there was going to be a
7 compromise.
8 From what I did read in here, I think
9 everything is covered already in our overlay,
10 and so I don't even know why we need to go back
11 on all of this to set it up.
12 But I would like to see that
13 has an open forum, discussion with Mr. Gaffney
14 and everybody involved so that the community is
15 aware of what we're doing to change an
16 ordinance.
17 And, actually, I'm not against these homes
18 or any home where we can help people. Every
19 community needs those, but I don't think we
20 should have it just pushed on us without
21 everyone in the community knowing and working
22 a -- a better solution, especially when we
23 already have this written in our bylaws.
24 THE CHAIRMAN: Thank you for coming down.
25 I will repeat that we -- this is going to
Diane M.
Tropia,
18
1 be subbed and rereferred tonight. It will be
2 readvertised and start up with the public
3 hearings in front of this council -- in front of
4 this committee, in front of the full council,
5 and I'm sure Mr. Gaffney will take as much time
6 as needed to get the word out into the
7 community.
8 Debbie Thompson, followed by Donna Lynch.
9 (Audience member approaches the podium.)
10 THE CHAIRMAN: Welcome.
11 AUDIENCE MEMBER: Thank you.
12 Debbie Thompson,
13 I'd just like to reiterate what Pat said.
14 I was actually at a meeting yesterday afternoon
15 to discuss defending the
16 didn't even hear about this compromise, that
17 supposedly everyone agreed to, until till late,
18 late yesterday afternoon and didn't actually see
19 a copy of the bill until about 3:15 this
20 afternoon.
21 So the
22 consulted on the proposed change, and I
23 apologize for any misunderstanding on that.
24 Apparently there was some compromise work by
25 some people in the community, but it -- it's not
Diane M.
Tropia,
19
1 general knowledge in the -- in the
2 community.
3 I would oppose any change to the
4 carefully-constructed
5 City Council hired Landers & Atkins to consult
6 on the
7 was their conclusion that in order to work on
8 the redevelopment and the restoration of our
9 historic homes, that the overcrowded condition
10 of
11 only have 35-foot lots; it's extremely dense --
12 and the large number of group homes in
13
14 consideration was needed for
15 that's why they -- that's why they suggested
16 300 square feet.
17 It was carefully considered. And according
18 to testimony from
19 president at the time, they knew they were
20 voting on 300 square feet.
21 I did have a couple of questions for
22 clarification on the proposed bill. It mentions
23 special uses, residential treatment facilities,
24 rooming houses, emergency shelter homes, group
25 care homes, and community residential homes of
Diane M.
Tropia,
20
1 seven or more residents.
2 Phil Neary mentioned Home Away From Home
3 and three other houses. Louise De
4 mentioned four houses. Jason Teal mentioned
5 twelve. I think if there's four, they need to
6 be outlined and -- and the addresses given
7 because this bill mentions no change in
8 location, et cetera. If there's only four, then
9 it's easy enough to define them, even if it's
10 twelve.
11 And then lines 21 through 23 on page 3
12 mentioned -- affidavit and number of residents
13 permitted to occupy the facility on or before
14 December 21st, 2000.
15 The whole purpose of the
16 overlay was to -- was to limit the number of
17 overcrowded facilities, and so to revert back to
18 the amount before the overlay I think would be
19 destructive to the overlay.
20 And then on page 4, line 9, "reasonable"
21 should have been defined. What's reasonable to
22 one person might be 90 days and to another
23 person it might be a year.
24 And I will limit any other discussion to
25 the full public hearing.
Diane M.
Tropia,
21
1 Thank you.
2 THE CHAIRMAN: Thank you.
3 Donna Lynch, followed by John Snyder.
4 (Audience member approaches the podium.)
5 THE CHAIRMAN: Welcome.
6 AUDIENCE MEMBER: Thank you.
7 My name is Donna Lynch. I live at 10321
9 Since there's no school tomorrow, my
10 child -- my daughter asked me if she could come,
11 and I said yes, feeling it would show that a
12 united voice could make a difference.
13 The ones you see here tonight are by no
14 means our total. We are many. It seems to me
15 that only a small group of historic residents
16 have an issue with recovery houses. I believe
17 the real issue is increased property values and
18 rent. I believe the only -- I believe they only
19 represent building and development.
20 I have taken this issue to the streets of
21
22 of
23 whatsoever with recovery houses. These houses
24 were founded by people like you and me who saw
25 an increasing need in their society. These
Diane M. Tropia,
22
1 houses are self-supporting and receive nothing,
2 absolutely nothing from City, State or Federal.
3 Yet, on the other hand, there are programs,
4 such as the Matrix and the Community Corrections
5 Division,
6 and several treatment facilities which refer
7 people to these recovery houses.
8 Child Protective Services recommend these
9 recovery houses to women who need stable housing
10 to regain custody of their children. It seems
11 the City itself has deemed these houses safe and
12 stable. These houses help the city, not hinder.
13 Help ensure that these houses are here for
14 generations to come because as far as I can see,
15 things aren't changing too fast.
16 If any of you have a heart at this time of
17 giving, please don't willingly and knowingly
18 place increasing property values over a person's
19 life. There has to be a compromise.
20 Thank you.
21 THE CHAIRMAN: Thank you.
22 John Snyder, followed by Louise De
23 (Audience member approaches the podium.)
24 AUDIENCE MEMBER: Good evening.
25 I'm John Snyder. I live at 1820 North
Diane M.
Tropia,
23
2 There's five basic issues that I want to
3 bring to the attention of this organization.
4 Number one, at the council meeting,
5 Mr. Neary led you to believe that his
6 organization that he owned had been in business
7 for 20 years. That's a little misleading. The
8 organization has been in business for 20 years.
9 Mr. Neary and his group has only owned it for
10 two years.
11 Number two, I'd like to make sure that
12 whatever the young lady here is taking down is
13 transcribed properly and that we don't have
14 another scrivener's issue that comes up before
15 the council again, and I would like General
16 Counsel to make sure that they review the
17 transcript to make sure that everything that's
18 said here tonight goes before the council.
19 Number three, in 2002, the two properties
20 that are in question that Mr. Neary has, 1733
21 and 1735, were conveyed from a private
22 individual to a corporation. I'd like General
23 Counsel to take a look at that issue because it
24 may have some bearing on your determination.
25 Number four, if Mr. Neary has claimed a
Diane M.
Tropia,
24
1 hardship and is claiming that his business can't
2 stay -- his organization can't stay in business
3 if you don't decide something that's a favorable
4 compromise to him, then I would request that the
5 council and/or the LUZ Committee ask Mr. Neary
6 to bring forth his tax returns and his books and
7 open them up to the people of
8 this council, and to the -- to the General
9 Counsel.
10 That's all I have to say.
11 I'm not going to get into a lot of personal
12 issues. To me, this is just a business.
13 You know, if you're not happy with the law,
14 then you vote to change the law. If it's
15 uncomfortable for a lot of people, then it's
16 uncomfortable.
17 I go down
18 That's what the speed limit is. I may not be
19 real happy with that, but that's what the law
20 says. If I don't like it, then there's a --
21 there's a way that you can go about changing the
22 law to make it comfortable for everybody. This
23 is not the way to do it.
24 Thanks a lot.
25 THE CHAIRMAN: Ms. De
Diane M.
Tropia,
25
1 (Ms. De
2 THE CHAIRMAN: Welcome.
3 MS. DE
4 I'm here tonight, again, representing the
5 SPAR board. And all of us had a chance to see
6 this document today. And as we might expect,
7 there are some things that need to have
8 clarification, and we certainly would like to
9 hand that -- those clarifying points over to
10 Councilman Gaffney and also to Mr. Teal.
11 There are several issues that have been
12 raised with -- relating to the inspections, the
13 number of residents, et cetera. And so what I'd
14 like to ask is that, as we go forward, let's
15 deal with facts. We've had a lot of emotional
16 issues that have been brought out. The overlay
17 was intended to actually help
18 revitalized.
19 Mr. Neary would have stood in front of you,
20 as I am, as the person who is representing HSCC
21 to say let's deal with facts, let's look at what
22 will make
23 intent of the overlay. I'd like to ask you to
24 keep that same intent as we move forward.
25 Thank you very much.
Diane M.
Tropia,
26
1 THE CHAIRMAN: Thank you.
2 The two speakers that didn't answer
3 previously, Tom Stephens or Kathy Taylor.
4 AUDIENCE MEMBERS: (No response.)
5 THE CHAIRMAN: Okay. I have no further
6 speakers.
7 Is there anyone else here to speak on that
8 item?
9 AUDIENCE MEMBER: (Indicating.)
10 THE CHAIRMAN: Okay. Well, you need -- you
11 want to bring your card down?
12 (Audience member approaches the podium.)
13 THE CHAIRMAN: Okay. If you filled it out,
14 you can just turn it in and -- go ahead.
15 Welcome.
16 AUDIENCE MEMBER: Good evening. Thank you
17 for having me.
18 My name is Laurel Welch. I live at 321
19
20 I'm a fairly new resident in
21 I'm very pleased with the development of
22
23 it is a funky place, and I moved there because
24 there are people that are not affluent, and I
25 moved there because there are a lot of people
Diane M.
Tropia,
27
1 working very hard every day, working on their
2 homes and -- in a very elbow grease kind of
3 grass-roots way, are developing a home for
4 themselves the way that they like it.
5 And the halfway houses in particular, for
6 me, help illustrate the development and
7 redevelopment of one's personal life. I really
8
appreciate the locality of
9 people. I appreciate the fact that if you're
10 going to be rebuilding your life that you are
11 near the buses, that you are near the library
12 and the computers so that if you can get a job,
13 you may need to apply, you may need to actually
14 be able to attend work.
15 The location is warm and comfortable in
16
17 I am not against the space limitations for
18 the health of people. Obviously, mental health
19 is terribly important. I've worked in mental
20 health for ten years, on and off, and I've been
21 very happy to do so.
22 The red flag that goes off is the
23 potentiality of this being an issue of class.
24 If we can limit this, that would be terrific.
25 If we can limit the exclusion of some for the
Diane M.
Tropia,
28
1 benefit of others, that would be ideal.
2 It's a home for all of us, and a lot of us
3 have purchased homes there with the entire
4 community in mind.
5 Thank you.
6 THE CHAIRMAN: Thank you for coming down.
7 Casey Welch, followed by Richard
8 Severance.
9 (Audience member approaches the podium.)
10 THE CHAIRMAN: Welcome.
11 AUDIENCE MEMBER: Hello. Good evening.
12 My name is Casey Welch. I live at 321 West
14 I'm a professor of criminology and
15 sociology here at UNF, and I'm -- I share with
16 the neighbors in the room. And I just heard of
17 this, so -- so I'm coming in this a little
18 fresh.
19 I'm going to speak briefly about the
20 general issue of reentry programs because I
21 think when we're looking at policies -- when I
22 teach policy, we always boil it down to who
23 benefits and who suffers, who may benefit and
24 who may suffer.
25 So as far as the benefits of rehabilitation
Diane M.
Tropia,
29
1 programs, which -- which are in
2 currently, reentry programs are -- the evidence
3 is coming in consistently as the best way to
4 reduce recidivism. We have Ready for Work, for
5 instance, in
6 recidivism rate of under 10 percent for a state
7 that has a recidivism rate of over
8 60 percent. That's within a two-year cycle
9 only.
10 I'm just -- just grabbed right off my desk
11 at work the latest issue of Corrections, and
12 this has 11 articles on successful reentry
13 programs.
14 So I think reentry programs as a first --
15 as a first statement should be considered as a
16 viable community contribution.
17 As far as who is going to suffer by leaving
18 the residents in there even with 100 square feet
19 per resident, there's -- I don't know of any --
20 I looked -- as quickly as I could, I looked
21 through the sheriff's stats and I couldn't find
22 any statistical evidence that the residents
23 there contribute to any pattern of social
24 problems, and I couldn't find any statistical
25 evidence -- even though I heard a couple of
Diane M.
Tropia,
30
1 people refer to it -- that having a smaller
2 square footage per resident would actually
3 contribute to a debilitation in the mental
4 health of the clients.
5 Perhaps there are, and certainly we can
6 find anecdotes of that. I just don't know of
7 statistical evidence to indicate that.
8 So I'm not sure if we're aiming at a
9 problem that doesn't exist when people say we
10 need to reduce the square foot- -- or increase
11 the square footage in order to benefit the
12 clients.
13 And then my final statement is I think that
14 it's a responsible civic duty -- I am a new
15 owner in
16 close to downtown, and I do feel that we should
17 maintain a viable rehabilitation and reentry
18 program even in our own communities.
19 Thank you.
20 THE CHAIRMAN: Thank you for coming down.
21 Richard Severance, followed by Diane
22 Gilbert.
23 (Audience member approaches the podium.)
24 THE CHAIRMAN: Welcome.
25 AUDIENCE MEMBER: Good evening.
Diane M.
Tropia,
31
1 My name is Richard Severance, 1120 Hubbard
2 Street,
3 I speak from personal experience of these
4 houses in
5 at some of them and I've been employed by most
6 of them. I am right now employed at Alco House
7 on
8 Now, we're not trying to change Alco House
9 in any way as far as getting more residents than
10 we have. That house has been in existence for
11 40 years. Okay?
12 Just a small example of -- are we causing
13 any problems in that neighborhood, if any of you
14 recall, there used to be a bar on the corner of
15 1st and
16 the parking lot by the bar owner at the time,
17 and it was an abandoned building for a year. We
18 now have that building. We have AA meetings in
19 that building. There's a snack bar in that
20 building that the public is more than welcome to
21 come into and eat there. We don't feel we're a
22 hindrance whatsoever to
23 I, myself, have been in
24 15 years, and there's been a tremendous change
25 from what I've seen in the last 15 years. And
Diane M.
Tropia,
32
1 it seemed to slow down drastically lately, but
2 it's the housing market, I guess, everywhere.
3 And, like I said, Home Away From Home,
4 Alco House, we're not trying to fill those
5 houses any more than they are right now. We're
6 not overfilled. Everybody in those houses are
7 comfortable. They're not all walking the
8 streets. Everybody in those houses has a job,
9 they are working, they're paying rent, they're
10 paying taxes.
11 If you put them back out on the street, you
12 think you're going to get them out of
13
14 the street panhandling and doing everything else
15 they were doing before they came to us.
16 And that's really all I have to say, then.
17 Thank you.
18 THE CHAIRMAN: Thank you.
19 And our last speaker, Diane Gilbert.
20 (Audience member approaches the podium.)
21 THE CHAIRMAN: Welcome.
22 AUDIENCE MEMBER: Thank you, Mr. Chairman
23 and council members.
24 On behalf of the Emergency Services and
25 Homeless Coalition of
Diane M.
Tropia,
33
1 Home Away From Home is a member, I want to thank
2 all the parties of
3 neighborhood, Dr. Gaffney and other members and
4 the people who reached a compromise.
5 In order to address the problems that we
6 have with individuals with disabilities and
7 recovering from substance abuse, it's critical
8 that we partner between the government, private
9 sector, neighborhoods, and I think this can be a
10 model.
11 I understand what the concerns are of
12 people, but there's a track record of these
13 houses, of being good neighbors, of turning
14 around people, and we certainly don't want
15 anybody back on the street.
16 There are 12,000 people right now waiting
17 for Section 8 vouchers. There are 40 people
18 sleeping on the floors at Sulzbacher. We don't
19 have room for people who already have housing
20 which has been deemed comfortable by the people
21 that are actually living there.
22 We want to make sure the neighborhoods are
23 protected. That is important. And we see this
24 as a community issue that is supported by each
25 member of the community.
Diane M.
Tropia,
34
1 The compromise was reached among each
2 section. We look forward to a broader
3 discussion going forward. And we want to thank
4 you for trying to address a very serious problem
5 in this country that can only be addressed by
6 people understanding each other and working
7 together to solve a problem so that each member
8 of our community has an appropriate place to
9 live and to pursue the life that they choose to
10 pursue.
11 And I want to thank you once again. We
12 look forward to addressing any questions that
13 you may have in order to pass this amendment as
14 a partnership agreement and a model for other
15 cities.
16 Thank you.
17 THE CHAIRMAN: Thank you.
18 With no further speakers, we're going to
19 close that public hearing, and that will be --
20 if we sub and rerefer, that will be readvertised
21 with another set of advertised public hearings
22 in front of this body and in front of the City
23 Council in four to six weeks.
24 We have a substitute in front of us. I'll
25 entertain a motion on the sub.
Diane M.
Tropia,
35
1 MR. WEBB: Move the sub.
2 THE CHAIRMAN: Is there a second?
3 MR. HOLT: Second.
4 THE CHAIRMAN: Motion and second on the
5 substitute.
6 Any discussion?
7 COMMITTEE MEMBERS: (No response.)
8 THE CHAIRMAN: Any final thoughts,
9 Councilmember Gaffney?
10 DR. GAFFNEY: No.
11 THE CHAIRMAN: Okay. All in favor say aye.
12 COMMITTEE MEMBERS: Aye.
13 THE CHAIRMAN: Substitute carries.
14 We're going to consider rereferring it to
15 LUZ.
16 MR. BISHOP: Move to rerefer.
17 MR. WEBB: Second.
18 THE CHAIRMAN: I have a motion and a second
19 to rerefer to LUZ -- or referral, I guess, just
20 rerefer --
21 MS. ELLER: As substituted.
22 THE CHAIRMAN: -- as substituted.
23 Discussion?
24 COMMITTEE MEMBERS: (No response.)
25 THE CHAIRMAN: Seeing none, open the
Diane M.
Tropia,
36
1 ballot, record the vote.
2 (Committee ballot opened.)
3 MR. SHAD: (Votes yea.)
4 MR. WEBB: (Votes yea.)
5 MR. BISHOP: (Votes yea.)
6 MR. HOLT: (Votes yea.)
7 (Committee ballot closed.)
8 MS. LAHMEUR: Four yeas, zero nays.
9 THE CHAIRMAN: By your action, you have
10 subbed and rereferred 2007-1046.
11 Item 25, 2007-1047 is a companion --
12 companion bill -- is that a companion bill?
13 Separate.
14 There's a sub on that one. I'll entertain
15 a motion.
16 MR. WEBB: Move the sub.
17 MR. HOLT: Second.
18 THE CHAIRMAN: I have a motion and a second
19 on the sub.
20 Discussion on that?
21 COMMITTEE MEMBERS: (No response.)
22 THE CHAIRMAN: Seeing none, all in favor
23 say aye.
24 COMMITTEE MEMBERS: Aye.
25 THE CHAIRMAN: That carries.
Diane M.
Tropia,
37
1 We'd entertain a motion to rerefer.
2 MR. WEBB: Move to rerefer.
3 MR. BISHOP: Second.
4 THE CHAIRMAN: I have a motion and a second
5 to rerefer as substituted.
6 Discussion?
7 COMMITTEE MEMBERS: (No response.)
8 THE CHAIRMAN: Seeing none, open the ballot
9 and record the vote.
10 (Committee ballot opened.)
11 MR. SHAD: (Votes yea.)
12 MR. WEBB: (Votes yea.)
13 MR. BISHOP: (Votes yea.)
14 MR. HOLT: (Votes yea.)
15 (Committee ballot closed.)
16 MS. LAHMEUR: Four yeas, zero nays.
17 THE CHAIRMAN: By your action, you have
18 subbed and rereferred 2007-1047.
19 Councilmember Gaffney, is that it for you?
20 DR. GAFFNEY: That's it. Thank you.
21 THE CHAIRMAN: Okay. Thank you for coming
22 down.
23 Okay. Next we're going to turn to
24 page 21, items 76 and 77, 2007-1183. I believe
25 there are members of the school board that are
Diane M.
Tropia,
38
1 here. We're going to open the public hearing on
2 2007-1183. No cards.
3 Is someone here to speak on that item?
4 (Mr. Killingsworth approaches the podium.)
5 MR. KILLINGSWORTH: Mr. Chairman, I'm with
6 the Planning Department.
7 THE CHAIRMAN: Okay. Welcome. Tell us
8 what we need to know.
9 First off, no speakers. We're going to
10 close the public hearing.
11 What do you have for us?
12 MR. KILLINGSWORTH: Good evening.
13 My name is Bill Killingsworth. I'm with
14 the Planning Department.
15 If it doesn't displease the Chair, I'm
16 going to make a very abbreviated kind of
17 presentation tonight.
18 THE CHAIRMAN: Please.
19 MR. KILLINGSWORTH: Basically, I'm going to
20 give you the history of how we got here. We're
21 taking up the two issues, the ILA, the
22 Interlocal Government Agreement, and the public
23 schools facilities element.
24 Back in June of 2005, Senate Bill 360 was
25 passed, and that basically required the City to
Diane M.
Tropia,
39
1 pass and enforce a school concurrency system by
2 January 1st of 2008.
3 Around February of 2006, the ILA team was
4 put together. They started drafting documents
5 for this process.
6 In January of 2007, the Joint Planning
7 Committee put together and they started making
8 recommendations regarding the documents that are
9 before you.
10 We made a similar presentation, actually a
11 much more in-depth presentation when we brought
12 it before this committee for transmittal. It
13 was transmitted sometime around July.
14 In October, we got the objections,
15 recommendations and comments report from DCA.
16 The documents that you have before you, by and
17 large, have the changes that were made in the
18 ORC report as well as some scrivener's errors,
19 some tactical changes, things like that.
20 What I think is important for everybody
21 here and why that history line is important is
22 because there was a great deal of debate amongst
23 the ILA team members, which are composed of
24 representatives from all the cities and the
25 school board, the JPC committee, which is -- was
Diane M.
Tropia,
40
1 appointed by the committee, and the school board
2 and the community, as to how these documents
3 should appear in their final form.
4 And so after a year, I think we got to a
5 place where we met the demands of the State, we
6 met the needs of the
7 system, we met the needs of the City, and we met
8 the needs of the community.
9 And with that, I'll hang back for
10 questions, but I'd like to introduce Mr. T.R.
11 Hainline, who was the Chair of the Joint
12 Planning Committee, and I think he has a few
13 words to say.
14 THE CHAIRMAN: Who needs no introduction.
15 (Mr. Hainline approaches the podium.)
16 THE CHAIRMAN: Welcome.
17 MR. HAINLINE: Thank you.
18 I'll also be very brief.
19 The representatives of the school board are
20 here and they're prepared to speak, if you would
21 like, and they appreciate you-all hearing this
22 at the front end.
23 The Joint Planning Committee, as several of
24 you know, heard at the previous meetings, has
25 been working on this for a year, and represented
Diane M.
Tropia,
41
1 the school board, the builders association,
2 Planning Department, and these are the work
3 product that we have come up with, a consensus
4 on all issues.
5 We're happy to answer any questions and
6 appreciate your consideration of this today.
7 Thank you.
8 THE CHAIRMAN: Thank you.
9 Okay. We have an amendment in front of
10 us. Let's have a motion on that amendment.
11 MR. WEBB: Move the amendment.
12 MR. HOLT: Second.
13 THE CHAIRMAN: I have a motion and a second
14 on the amendment.
15 What is the amendment?
16 MS. ELLER: Mr. Chairman, the amendment is
17 the same amendment that was passed by the RCD
18 Committee, and the only changes from how it was
19 originally filed are some scrivener's
20 corrections and additional -- some language
21 making it firm that it is all effective January
22 1st, 2008, which is what the statute requires.
23 Anything else, guys? Is that correct?
24 MR. KILLINGSWORTH: That's correct.
25 MS. ELLER: All right. And then it was the
Diane M.
Tropia,
42
1 RCD amendment before LUZ because the Finance
2 amendment did not include the cleanup on the
3 effective date, January 1, '08, because we just
4 got that e-mail from DCA at, like, 1:40 today.
5 So that would be the requested action, and
6 at council we would move the RCD amendment.
7 THE CHAIRMAN: Okay. So we have a motion
8 and a second on the RCD amendment.
9 Discussion?
10 COMMITTEE MEMBERS: (No response.)
11 THE CHAIRMAN: All in favor, please say
12 aye.
13 COMMITTEE MEMBERS: Aye.
14 THE CHAIRMAN: That carries.
15 MR. WEBB: Move the bill as amended.
16 MR. BISHOP: Second.
17 THE CHAIRMAN: I have a motion and a second
18 on the bill as amended.
19 Discussion?
20 COMMITTEE MEMBERS: (No response.)
21 THE CHAIRMAN: Seeing none, open the ballot
22 and record the vote.
23 (Committee ballot opened.)
24 MR. SHAD: (Votes yea.)
25 MR. WEBB: (Votes yea.)
Diane M.
Tropia,
43
1 MR. BISHOP: (Votes yea.)
2 MR. HOLT: (Votes yea.)
3 (Committee ballot closed.)
4 MS. LAHMEUR: Four yeas, zero nays.
5 THE CHAIRMAN: By your action, you have
6 moved and approved 2007-1183.
7 The next item, 2007-1184. We have a public
8 hearing, so we'll open that public hearing.
9 Seeing no speakers, we'll close that.
10 We have an amendment.
11 MR. WEBB: Move to amend.
12 THE CHAIRMAN: And a second?
13 MR. BISHOP: Second.
14 THE CHAIRMAN: A motion and a second to
15 amend -- this is a -- what is this, a companion
16 bill?
17 MS. ELLER: Correct.
18 This is the amendment to the comprehensive
19 plan to put into the comprehensive plan the
20 things that you adopted in the Interlocal
21 Agreement --
22 THE CHAIRMAN: Got it.
23 MS. ELLER: -- and it makes the same,
24 similar types of changes, addresses the ORC
25 comments from DCA.
Diane M.
Tropia,
44
1 THE CHAIRMAN: Great.
2 Discussion on the amendment?
3 COMMITTEE MEMBERS: (No response.)
4 THE CHAIRMAN: All in favor, please say
5 aye.
6 COMMITTEE MEMBERS: Aye.
7 THE CHAIRMAN: That carries.
8 MR. WEBB: Move the bill as amended.
9 MR. BISHOP: Second.
10 THE CHAIRMAN: A motion and a second on the
11 bill as amended.
12 Discussion?
13 COMMITTEE MEMBERS: (No response.)
14 THE CHAIRMAN: Seeing none, open the ballot
15 and record the vote.
16 (Committee ballot opened.)
17 MR. SHAD: (Votes yea.)
18 MR. WEBB: (Votes yea.)
19 MR. BISHOP: (Votes yea.)
20 MR. HOLT: (Votes yea.)
21 (Committee ballot closed.)
22 MS. LAHMEUR: Four years, zero nays.
23 THE CHAIRMAN: By your action, you have
24 amended and approved 2007-1184.
25 MR. KILLINGSWORTH: Thank you.
Diane M.
Tropia,
45
1 THE CHAIRMAN: Thank you.
2 Okay. Councilmember Holt, I see there's a
3 couple of items you wanted to take up on
4 page 12, I believe.
5 MR. HOLT: Yes.
6 THE CHAIRMAN: Turn to page 12, items 38
7 and 39.
8 At the top of page 12, 2007-1060. We'll
9 open that public hearing.
10 No speakers on -1060?
11 (Mr. Montgomery approaches the podium.)
12 THE CHAIRMAN: Are you going to fill out a
13 blue speaker's card for us?
14 MR. MONTGOMERY: I'm the applicant.
15 THE CHAIRMAN: Okay. Even though you're
16 the applicant, we're still going to get a card
17 from you. So go ahead -- sir, if you don't
18 mind, you can go ahead and speak and then fill
19 out a card before you leave, if you would.
20 Let's see, this is a -- just a rezoning.
21 Okay. So we're in the public hearing.
22 Would you like to speak?
23 MR. MONTGOMERY: I'm here tonight on items
24 number 38 and 39, -1060 and -1061, but on -1060,
25 the land use amendment --
Diane M.
Tropia,
46
1 THE CHAIRMAN: Can I get your name and
2 address real quick?
3 MR. MONTGOMERY: Yes.
4 I'm Mitchell Montgomery, address is 13400
6
7 Land Company.
8 We misunderstood the traffic analysis for
9 this amendment moving forward, and we submitted
10 a traffic analysis for 357,000 square feet on
11 the site.
12 In working with the Planning Department, we
13 have resubmitted and have completed a traffic
14 analysis for that today. That was delivered to
15 the City, amending it to 600,000 square feet. I
16 think we're in agreement with the Planning
17 Commission on that.
18 So that's the only amendment to the
19 application that we ask for on -1060.
20 THE CHAIRMAN: Thank you.
21 Seeing no further speakers, we're going to
22 close that public hearing.
23 We have an amendment.
24 MR. WEBB: Move the amendment.
25 MR. BISHOP: Second.
Diane M.
Tropia,
47
1 THE CHAIRMAN: I have a motion and a second
2 on the amendment.
3 Mr. Crofts.
4 MR. CROFTS: Yes. Mr. Chairman and members
5 of the committee, the amendment -- due to a
6 reconfigured and redeveloped traffic study, we
7 are in agreement with the amendment, which would
8 be that the development will be limited, in this
9 case, to 600,000 square feet of heavy industrial
10 and supportive uses.
11 And we're adding this -- which we will --
12 this condition to many more later as relates to
13 these comprehensive plan and semiannual land use
14 amendments because of our interaction and
15 relationship with the State at this time.
16 So, again, the amendment is the specific
17 square footage that we're putting down for this
18 particular land use amendment.
19 THE CHAIRMAN: Sir, are you in concurrence
20 with --
21 MR. MONTGOMERY: Yes.
22 THE CHAIRMAN: You agree?
23 MR. MONTGOMERY: Yes.
24 THE CHAIRMAN: Great.
25 Okay. A motion and a second.
Diane M.
Tropia,
48
1 Discussion on the amendment?
2 MR. HOLT: (Indicating.)
3 THE CHAIRMAN: Councilmember Holt.
4 MR. HOLT: I'll speak after.
5 THE CHAIRMAN: Okay. All in favor, please
6 say aye.
7 COMMITTEE MEMBERS: Aye.
8 THE CHAIRMAN: That carries.
9 I'll entertain a motion on the bill.
10 MR. WEBB: Move the bill as amended.
11 MR. BISHOP: Second.
12 THE CHAIRMAN: I have a motion and a second
13 on the bill as amended.
14 Discussion, Councilmember Holt.
15 MR. HOLT: I would just like to say that,
16 as far as the land use goes, I have no concerns
17 on this. I'd like to move forward with it.
18 I do have concerns with the rezoning, so
19 we're going to continue on that until next time,
20 and the applicant and I are going to work out
21 some agreements on -1061.
22 Thank you.
23 THE CHAIRMAN: Okay. Great.
24 No further discussion on -1060, open the
25 ballot and record the vote.
Diane M.
Tropia,
49
1 (Committee ballot opened.)
2 MR. SHAD: (Votes yea.)
3 MR. WEBB: (Votes yea.)
4 MR. BISHOP: (Votes yea.)
5 MR. HOLT: (Votes yea.)
6 (Committee ballot closed.)
7 MS. LAHMEUR: Four yeas, zero nays.
8 THE CHAIRMAN: By your action, you have
9 amended and approved 2007-1060.
10 Item 39, 2007-1061. We're going to open
11 that public hearing.
12 Mr. Montgomery.
13 MR. MONTGOMERY: Yes. I met with the
14 district councilman today, Mr. Ray Holt. He has
15 asked me to continue the zoning, the heavy
16 industrial, to allow for a PUD zoning to occur.
17 And I'm in full concurrence of that, and we'll
18 work out the terms as needed.
19 THE CHAIRMAN: Great.
20 Seeing no further speakers, we're going to
21 continue that public hearing.
22 Anyone want to declare ex-parte
23 communications?
24 Councilmember Holt.
25 MR. HOLT: I do want to declare that I
Diane M. Tropia,
50
1 spoke with Mr. Montgomery today about this
2 particular rezoning. I was concerned about some
3 of the heavier of heavy industrial uses to be in
4 that area because of a lot of the residential
5 neighborhoods in there. So we're working on
6 clarifying under a PUD what uses would not be
7 allowed.
8 Thank you.
9 THE CHAIRMAN: Great.
10 Thank you, sir, for coming down.
11 MR. MONTGOMERY: Thank you, Mr. Chairman.
12 THE CHAIRMAN: See you in a couple of
13 weeks.
14 Okay. We're going to turn back to the
15 beginning of our agenda.
16 Note on the front that 2007-835 is deferred
17 until January 15th at 4 o'clock.
18 Okay. On to page 2. We're starting at
19 page 2, item 1, 2005-718. We're going to open
20 that public hearing.
21 Seeing no speakers, we're going to continue
22 that and take no further action.
23 Item 2, 2005-1161, is deferred. Item 3,
24 2005-1228, is deferred. Item 4, 2005-1399, is
25 deferred. Item 5, 2006-24, is deferred. Item
Diane M.
Tropia,
51
1 6, 2006-220, is deferred. Item 7, 2006-360, is
2 deferred.
3 Everything on page 4 -- items 8, 9, 10, and
4 11 -- will all be deferred, as well as
5 everything on page 5, items 12, 13, and 14.
6 On to page 6, item 15 is deferred.
7 Item 16, 2007-659. We're going to open
8 that public hearing.
9 Seeing no speakers, continue that and take
10 no further action.
11 The next item, item 17, 2007-803, will be
12 deferred.
13 Top of page 7, 2007-845. We're going to
14 open that public hearing.
15 Mr. Mann.
16 He's the only speaker I have for that. If
17 you're here to speak on that, fill out a card,
18 if you would.
19 (Mr. Mann approaches the podium.)
20 MR. MANN: Mr. Chairman, I'm sorry it takes
21 so long to get up here.
22 Charles Mann,
23 representing the landowner.
24 The area councilman was just here.
25 Obviously, if he had a problem with it, he would
Diane M.
Tropia,
52
1 have stayed.
2 My client is redeveloping the Pirates Point
3
4 street from this for additional parking to meet
5 his parking requirement.
6 We have worked back and forth with the area
7 councilman and had various conversations with
8 the neighborhood, and I don't believe I have any
9 opposition tonight.
10 I'll stand by for questions.
11 Thank you.
12 THE CHAIRMAN: Great.
13 Seeing no further speakers, we're going to
14 close that public hearing.
15 MR. WEBB: Move the amendment.
16 MR. BISHOP: Second.
17 THE CHAIRMAN: I have a motion and a second
18 on the amendment.
19 Staff, go ahead.
20 MR. CROFTS: The amendment is as follows:
21 Condition number 1, "The development shall
22 be subject to the revised legal description
23 dated September 13th, 2007."
24 Number 2, "The development shall be subject
25 to the revised written description dated
Diane M.
Tropia,
53
1 September 13th, 2007."
2 Number 3, "The development shall be subject
3 to the original site plan dated July 6th, 2007."
4 Number 4, "The development shall be subject
5 to the review and approval of the Department of
6 Public Works Traffic Engineering Division
7 pursuant to their memorandum dated August 21st,
8 2007, or as otherwise approved by the Traffic
9 Engineering Division and the Planning and
10 Development Department."
11 Condition number 5, "Three-foot-high
12 evergreen hedges shall be maintained around the
13 periphery of each parking lot, in addition to
14 landscaping and buffering included in the
15 written description."
16 Number 6, "Boat trailers shall not be
17 parked in any lot."
18 Number 7 and finally, "There shall be no
19 lighting installed in any of the parking lot
20 areas."
21 Thank you.
22 THE CHAIRMAN: Thank you.
23 Sir, are you in agreement?
24 MR. MANN: Mr. Chairman, I thought we had
25 addressed that -- item 7 in a different manner.
Diane M.
Tropia,
54
1 I thought we had agreed that we would have no
2 lighting above four feet there because we felt
3 like we needed to keep that as an illuminated
4 area, but we did not want to reflect it into the
5 residential neighborhood that surrounds this
6 piece of property.
7 Again, there's a high crime area. One of
8 the problems we had in discussions with the
9 neighbors originally, that these lots, while
10 vacant, were being used for drug transactions,
11 prostitution. The vacant houses that were on
12 these lots that my client will be taking down
13 have also been used for these uses, and that's
14 an issue, the security of these lots, and we
15 would like to have some sort of low lighting.
16 If the Planning Department is acceptable,
17 "or as otherwise approved by the Planning
18 Department," so we don't have to come back
19 before you to address this issue.
20 THE CHAIRMAN: Okay.
21 MR. CROFTS: That's fine. We agree with
22 that.
23 THE CHAIRMAN: That's fine.
24 MR. MANN: Are you comfortable with that,
25 Mr. Crofts?
Diane M.
Tropia,
55
1 MR. CROFTS: Yes.
2 THE CHAIRMAN: Okay. So that's how it will
3 read.
4 Discussion on the amendment?
5 COMMITTEE MEMBERS: (No response.)
6 THE CHAIRMAN: All in favor, please say
7 aye.
8 COMMITTEE MEMBERS: Aye.
9 THE CHAIRMAN: That carries.
10 MR. WEBB: Move the bill as amended.
11 MR. HOLT: Second.
12 THE CHAIRMAN: Motion and a second on the
13 bill as amended.
14 Further discussion, any discussion?
15 COMMITTEE MEMBERS: (No response.)
16 THE CHAIRMAN: Open the ballot and record
17 the vote.
18 (Committee ballot opened.)
19 MR. SHAD: (Votes yea.)
20 MR. WEBB: (Votes yea.)
21 MR. BISHOP: (Votes yea.)
22 MR. HOLT: (Votes yea.)
23 (Committee ballot closed.)
24 MS. LAHMEUR: Four yeas, zero nays.
25 THE CHAIRMAN: By your action, you have
Diane M.
Tropia,
56
1 amended and approved 2007-845.
2 MR. MANN: Mr. Chairman, committee, thank
3 you very much.
4 THE CHAIRMAN: Thank you.
5 We're going to defer the next item;
6 2007-919 is deferred. Item 20 is deferred.
7 Item 21 is deferred.
8 Top of page 8, 2007-1009. Mr. Mann.
9 Mr. Mann, come on back down.
10 We're going to open the public hearing on
11 2007-1009.
12 (Mr. Mann approaches the podium.)
13 MR. MANN: Mr. Chairman, Charles Mann,
15 This is on
16 last car dealership below 9A, in the golf
17 driving range. This is an existing warehouse
18 operation. We're looking to upgrade this
19 facility to office showroom, office warehouse.
20 We're seeking to expand the uses there by doing
21 a PUD and seeking more retail uses in the area.
22 Previously, the Planning Department had a
23 problem with this. We redesigned -- we redid
24 our application, redesigned our site plan a
25 little bit, and I believe they're in support
Diane M.
Tropia,
57
1 now.
2 We have talked to the area councilman
3 extensively, and I know of no neighborhood
4 opposition I have.
5 Thank you.
6 THE CHAIRMAN: Great.
7 Seeing no further speakers, we're going to
8 close that public hearing.
9 MR. WEBB: Move the amendment.
10 MR. HOLT: Second.
11 THE CHAIRMAN: Motion and a second on the
12 amendment.
13 Mr. Crofts.
14 MR. CROFTS: The conditions are as
15 follows:
16 They begin with, "The developer shall be
17 subject to the original legal description dated
18 August 23rd, 2007."
19 Number 2, "The developer shall be subject
20 to the revised written description dated
21 November 14th, 2007."
22 Number 3, "The developer shall be subject
23 to the original site plan dated December 27th,
24 2006."
25 Number 4, "The required transportation
Diane M.
Tropia,
58
1 improvements shall be made in accordance with
2 the Traffic Engineering memorandum dated October
3 2nd, 2007, or as otherwise approved by the
4 traffic engineer and the Planning and
5 Development Department."
6 Number 5, "The full general commercial uses
7 shall be limited to parcel A."
8 Number 6 and finally, "Lighting fixtures
9 shall be flush mounted with full cutoff screens
10 and no taller than 20 feet in height."
11 That's it.
12 THE CHAIRMAN: Mr. Mann.
13 MR. MANN: Yes, sir, we agree.
14 THE CHAIRMAN: Great.
15 MR. WEBB: Move the bill.
16 THE CHAIRMAN: All in favor of the
17 amendment, please say aye.
18 COMMITTEE MEMBERS: Aye.
19 THE CHAIRMAN: I like the speed at which
20 you're moving, though.
21 Now --
22 MR. WEBB: Move the bill as amended.
23 MR. BISHOP: Second.
24 THE CHAIRMAN: Motion and a second on the
25 bill as amended.
Diane M.
Tropia,
59
1 Discussion?
2 COMMITTEE MEMBERS: (No response.)
3 THE CHAIRMAN: Open the ballot, record the
4 vote.
5 (Committee ballot opened.)
6 MR. SHAD: (Votes yea.)
7 MR. WEBB: (Votes yea.)
8 MR. BISHOP: (Votes yea.)
9 MR. HOLT: (Votes yea.)
10 (Committee ballot closed.)
11 MS. LAHMEUR: Four yeas, zero nays.
12 THE CHAIRMAN: By your action, you have
13 amended and approved 2007-1009.
14 Thank you.
15 MR. MANN: Thank you.
16 THE CHAIRMAN: Item --
17 MR. MANN: Mr. Chairman, may I ask your
18 indulgence for just a moment?
19 THE CHAIRMAN: Sure.
20 MR. MANN: Item 63, I believe, is on your
21 agenda and it's going to be deferred tonight at
22 the request of the area councilman, Mr. Redman.
23 That is an item that I have, and if that is
24 indeed true, I can get out of here and go have
25 some supper.
Diane M.
Tropia,
60
1 THE CHAIRMAN: Okay. Let's see. Item 63,
2 2007-1087. I have an open and continue the
3 public hearing with no action taken.
4 MR. MANN: Okay. Very good, sir. Thank
5 you.
6 THE CHAIRMAN: Top of page 9, item 26 --
7 items 24 and 25 we've already taken up.
8 As I said, item 23 was deferred.
9 Item 24 [sic], 2007-1048. I'm going to
10 open that public hearing.
11 No speakers. Continue that, take no
12 further action.
13 Item 27, 2007-1049. We're going to open
14 that public hearing on -1049.
15 Seeing no speakers, we're going to close
16 that public hearing.
17 MR. WEBB: (Inaudible.)
18 THE CHAIRMAN: Okay. I have "amend and
19 move" here. Do y'all have "withdraw" on
20 y'all's?
21 MR. WEBB: I have "withdraw."
22 THE CHAIRMAN: I'm on item 27.
23 MR. WEBB: I'm sorry.
24 THE CHAIRMAN: Okay. We have -- motion on
25 the amendment?
Diane M.
Tropia,
61
1 MR. WEBB: Move to amend.
2 MR. HOLT: Second.
3 THE CHAIRMAN: Motion and a second on the
4 amendment.
5 What do we got?
6 MR. CROFTS: The amendment, Mr. Chairman,
7 members, as I understand it, is an up-to-date
8 revision, the final exhibit, with an addition of
9 some projects that were added since the original
10 application -- or the original ordinance was
11 submitted, so it's virtually just the addition
12 of some modern and more recent projects.
13 THE CHAIRMAN: Okay. Any discussion?
14 COMMITTEE MEMBERS: (No response.)
15 THE CHAIRMAN: All in favor, please say
16 aye.
17 COMMITTEE MEMBERS: Aye.
18 THE CHAIRMAN: The amendment carries.
19 MR. WEBB: Move the bill as amended.
20 MR. BISHOP: Second.
21 THE CHAIRMAN: Motion and a second on the
22 bill as amended.
23 Discussion?
24 COMMITTEE MEMBERS: (No response.)
25 THE CHAIRMAN: Open the ballot and record
Diane M.
Tropia,
62
1 the vote.
2 (Committee ballot opened.)
3 MR. SHAD: (Votes yea.)
4 MR. WEBB: (Votes yea.)
5 MR. BISHOP: (Votes yea.)
6 MR. HOLT: (Votes yea.)
7 (Committee ballot closed.)
8 MS. LAHMEUR: Four yeas, zero nays.
9 THE CHAIRMAN: By your action, you have
10 amended and approved 2007-1049.
11 Now, item 28, 2007-1050. We're going to
12 open that public hearing.
13 And seeing no speakers, we're going to
14 close that public hearing.
15 MR. WEBB: Move to withdraw.
16 THE CHAIRMAN: A motion to withdraw and
17 a --
18 MR. HOLT: Second.
19 THE CHAIRMAN: Motion and a second.
20 Discussion on the withdrawal?
21 COMMITTEE MEMBERS: (No response.)
22 THE CHAIRMAN: Seeing none, open the
23 ballot, record the vote.
24 (Committee ballot opened.)
25 MR. SHAD: (Votes yea.)
Diane M.
Tropia,
63
1 MR. WEBB: (Votes yea.)
2 MR. BISHOP: (Votes yea.)
3 MR. HOLT: (Votes yea.)
4 (Committee ballot closed.)
5 MS. LAHMEUR: Four yeas, zero nays.
6 THE CHAIRMAN: By your action, you've
7 withdrawn 2007-1050.
8 Which brings us to item 29, 2007-1051.
9 We're going to open that public hearing.
10 Seeing no speakers, we'll -- we're just
11 going to close it and take no action, or it's
12 ready to move?
13 MS. ELLER: Mr. Chairman, the request is to
14 close it. It will be deferred until the spring
15 series because it will be going with the
16 companion land use map amendment at that time.
17 THE CHAIRMAN: Sure.
18 We'll close it and that will be deferred.
19 Top of page 10, 2007-1052. We'll open that
20 public hearing.
21 Ginny Myrick.
22 (Audience member approaches the podium.)
23 THE CHAIRMAN: Welcome. Come on down.
24 AUDIENCE MEMBER: I'm Ginny Myrick,
Diane M. Tropia,
64
1 I'm just here representing the applicant
2 tonight, so it's just for questions.
3 If --
4 THE CHAIRMAN: Great. As soon as I said
5 that, I see that you mentioned for questions
6 only.
7 Thank you.
8 We're going to close the public hearing,
9 and we have an amendment.
10 MR. WEBB: Move the amendment.
11 MR. BISHOP: Second.
12 THE CHAIRMAN: Motion and a second on the
13 amendment.
14 MR. CROFTS: Mr. Chairman, members of the
15 committee, the amendment, in this case, will
16 continue. We're going to add specifically on
17 the future land use map series a statement that
18 will be identified by an asterisk that will say
19 that this development will be limited to
20 17,805 square feet of office space and a 62-bed
21 nursing home and supportive uses.
22 That's it.
23 THE CHAIRMAN: Any discussion on the
24 amendment?
25 COMMITTEE MEMBERS: (No response.)
Diane M.
Tropia,
65
1 THE CHAIRMAN: All in favor, please say
2 aye.
3 COMMITTEE MEMBERS: Aye.
4 THE CHAIRMAN: That carries.
5 MR. WEBB: Move the bill as amended.
6 MR. HOLT: Second.
7 THE CHAIRMAN: A motion and a second on the
8 bill as amended.
9 Discussion?
10 COMMITTEE MEMBERS: (No response.)
11 THE CHAIRMAN: Open the ballot, record the
12 vote.
13 (Ms. Myrick approaches the podium.)
14 THE CHAIRMAN: One second.
15 Go ahead. Did you hear the amendment?
16 MS. MYRICK: I'm so sorry.
17 I don't think -- I did, and I don't think
18 that's exactly what it says. It doesn't say
19 "nursing home," and it -- that's not correct.
20 MR. CROFTS: I am looking at the map and
21 response. It says, "Development shall be
22 limited to 17,805 square feet --
23 MS. MYRICK: That's correct.
24 MR. CROFTS: -- of office and a 62-bed
25 nursing home and supporting uses."
Diane M.
Tropia,
66
1 MS. MYRICK: Well, it -- it's not a nursing
2 home. It's a drug and rehabilitation rehab
3 facility. And I think there is a slight nuance,
4 difference between that because if it was a
5 nursing home, we wouldn't be here at all because
6 we had the proper land use and zoning.
7 So I think it should say 62-bed
8 rehabilitation facility; is that correct?
9 MR. CROFTS: I would think so. That would
10 be -- that would probably be the proper term.
11 THE CHAIRMAN: You're in concurrence?
12 MR. CROFTS: Yes, we agree.
13 THE CHAIRMAN: Okay.
Then,
14 we -- we passed an amendment that had some
15 improper language in it. What are our options?
16 MS. MYRICK: It was correct in the Planning
17 Commission, I believe. I don't know how it
18 got --
19 MS. ELLER: Mr. Chairman, if you -- if
20 someone would just move a friendly amendment to
21 that amendment, I can roll it all into one.
22 THE CHAIRMAN: If someone will move that.
23 MR. BISHOP: Move to change that.
24 MR. HOLT: Second.
25 THE CHAIRMAN: Motion and a second on
Diane M.
Tropia,
67
1 the change of language as was stated by
2 Ms. Myrick --
3 MS. MYRICK: Well, it's important because
4 it's -- it ties into the licensing.
5 THE CHAIRMAN: I understand.
6 Discussion?
7 COMMITTEE MEMBERS: (No response.)
8 THE CHAIRMAN: All in favor, please say
9 aye.
10 COMMITTEE MEMBERS: Aye.
11 THE CHAIRMAN: Okay. That amendment
12 carries.
13 So now we have a motion and a second --
14 now, I'll entertain a motion on the bill as
15 twice amended.
16 MR. WEBB: Move the bill as twice amended.
17 MR. BISHOP: Second.
18 THE CHAIRMAN: A motion and a second on the
19 bill as twice amended.
20 Discussion?
21 COMMITTEE MEMBERS: (No response.)
22 THE CHAIRMAN: Open the ballot, record the
23 vote.
24 (Committee ballot opened.)
25 MR. SHAD: (Votes yea.)
Diane M.
Tropia,
68
1 MR. WEBB: (Votes yea.)
2 MR. BISHOP: (Votes yea.)
3 MR. HOLT: (Votes yea.)
4 (Committee ballot closed.)
5 MS. LAHMEUR: Four yeas, zero nays.
6 THE CHAIRMAN: By your action, you have
7 amended and approved -- twice amended and
8 approved 2007-1052.
9 Item 31, 2007-1053. We have a public
10 hearing. We'll open that.
11 Ms. Myrick is available for questions, so
12 close that public hearing.
13 MR. WEBB: Move the bill.
14 MR. BISHOP: Second.
15 THE CHAIRMAN: Motion and a second on the
16 bill.
17 Discussion?
18 COMMITTEE MEMBERS: (No response.)
19 THE CHAIRMAN: Open the ballot and record
20 the vote.
21 (Committee ballot opened.)
22 MR. SHAD: (Votes yea.)
23 MR. WEBB: (Votes yea.)
24 MR. BISHOP: (Votes yea.)
25 MR. HOLT: (Votes yea.)
Diane M.
Tropia,
69
1 (Committee ballot closed.)
2 MS. LAHMEUR: Four yeas, zero nays.
3 THE CHAIRMAN: By your action, you have
4 approved 2007-1053.
5 Item 32, 2007-1054. We're going to open
6 that public hearing.
7 Mr. Herzberg.
8 (Mr. Herzberg approaches the podium.)
9 THE CHAIRMAN: Welcome.
10 MR. HERZBERG: Thank you, sir.
11 Mike Herzberg,
12
13 Thank you, Mr. Chairman, members of the
14 committee. I appreciate the opportunity to
15 speak before you this evening regarding this
16 land use amendment and PUD.
17 This is a somewhat unique land use
18 amendment and planned unit development.
19 If I may put this on the overhead.
20 This is the City of
21 industrial preservation map that was adopted by
22 ordinance 2007-398-E.
23 Specifically, what this property is
24 depicted in is in the industrial preservation
25 area. The problem is this property was not
Diane M.
Tropia,
70
1 industrially designated. So while the City, in
2 its comprehensive plan and its comprehensive
3 planning efforts, have denoted and depicted this
4 property as being ideal for industrial
5 development and rather that it should be
6 preserved for industrial development, this has
7 to go through the process, unfortunately, of
8 entitling it for that land use.
9 The applicant is then seeking the land use
10 category that is shown in the application.
11 The department, in its report, goes through
12 each and all of the criteria, finds it to be
13 compliant with every component of the
14 comprehensive plan, short of one issue.
15 There was not sufficient roadway capacity
16 to maintain the level of service. While you
17 could go out and literally do push-ups in the
18 street along
19 the problem here is backlogged trips; that is --
20 or ghost trips, trips that don't exist yet, but
21 that will be coming on line in the future.
22 We have worked hand in hand with the
23 department. I'd like to, again, thank the
24 department for their generous taking of time to
25 work with us on this. I believe we've now
Diane M.
Tropia,
71
1 worked out that issue and the department no
2 longer has that concern with regard to the level
3 of service. We would be able to meet that
4 through an amendment to the CIE.
5 With that, I'll stand by for any questions.
6 THE CHAIRMAN: Seeing no further speakers,
7 we will close that public hearing, and do stand
8 by.
9 MR. WEBB: Move the amendment.
10 MR. BISHOP: Second.
11 THE CHAIRMAN: I have a motion and a second
12 on the amendment.
13 Do we want to hear what that is?
14 MR. CROFTS: Mr. Chairman and members of
15 the committee, the department -- to preface our
16 remarks, your report in your book would indicate
17 a recommendation of denial. But since that
18 time, we have found a project that would offset
19 the transportation impacts as stated on the
20 record by Mr. Herzberg, so we have now changed
21 our recommendation to approval, and that would
22 be amended with the following language, that
23 this development would be limited to a total of
24 50,000 square feet of heavy industrial and
25 supportive uses.
Diane M.
Tropia,
72
1 THE CHAIRMAN: Out of curiosity, when did
2 that opinion change? When did y'all go from a
3 denial to an approval?
4 I'll tell you why I'm asking that in a
5 second. Has it been a little while?
6 MS. MOEHRING: We decided yesterday.
7 THE CHAIRMAN: Okay. I just -- so it got
8 through the Planning Commission with a denial?
9 MS. MOEHRING: Yes, it did.
10 And we did explain to the Local Planning
11 Agency that we were gathering more data at that
12 time.
13 THE CHAIRMAN: Right. It would be -- a
14 couple of times they'll come in front of us with
15 a "deny" on the agenda. I don't know if there's
16 any way to get that marked on the agenda, that
17 it has since been changed.
18 Anyway, for -- administratively going
19 forward, it would be nice to have it marked on
20 there.
21 Okay. And you've even put in a footnote on
22 some of these noting -- especially if there's a
23 change between Planning Commission and LUZ, it
24 may need more of an asterisk than a footnote.
25 Great. Okay. That kind of explains where
Diane M.
Tropia,
73
1 we are.
2 Did we entertain the amendment yet? No.
3 We're on -- let's get a motion on the amendment.
4 MR. WEBB: Move the amendment.
5 MR. HOLT: Second.
6 THE CHAIRMAN: Motion and a second on the
7 amendment.
8 And then -- did we have the explanation?
9 We already did, right?
10 MR. CROFTS: Yes.
11 THE CHAIRMAN: Okay. Great. And then I
12 started talking and forgot where we were at.
13 All in favor say aye.
14 COMMITTEE MEMBERS: Aye.
15 THE CHAIRMAN: That carries.
16 MR. WEBB: Move the bill as amended.
17 MR. BISHOP: Second.
18 THE CHAIRMAN: Motion and a second on the
19 bill as amended.
20 Discussion?
21 COMMITTEE MEMBERS: (No response.)
22 THE CHAIRMAN: Open the ballot, record the
23 vote.
24 (Committee ballot opened.)
25 MR. SHAD: (Votes yea.)
Diane M.
Tropia,
74
1 MR. WEBB: (Votes yea.)
2 MR. BISHOP: (Votes yea.)
3 MR. HOLT: (Votes yea.)
4 (Committee ballot closed.)
5 MS. LAHMEUR: Four yeas, zero nays.
6 THE CHAIRMAN: By your action, you have
7 amended and approved 2007-1055.
8 MR. HERZBERG: Thank you.
9 THE CHAIRMAN: Top of page 11, item 34.
10 Sorry. That was -- that was what we just
11 amended and approved.
12 Now we're on 2007-1055. I'm going to open
13 that public hearing.
14 Mr. Herzberg, you had a card for that as
15 well?
16 MR. HERZBERG: Yes, sir.
17 THE CHAIRMAN: Great. So -1055, you're
18 available for questions?
19 MR. HERZBERG: Yes, sir.
20 THE CHAIRMAN: Seeing no -- we'll open --
21 seeing no speakers, we'll close that public
22 hearing.
23 There's an amendment.
24 MR. WEBB: Move the amendment.
25 MR. BISHOP: Second.
Diane M.
Tropia,
75
1 THE CHAIRMAN: Motion and a second on the
2 amendment.
3 MR. CROFTS: Yes, sir. The amendment
4 consists of two conditions, and they are as
5 follows:
6 "The development shall be subject to the
7 original legal description dated August 15th,
8 2007, the original written description dated
9 October 6th, 2007, and the original site plan
10 dated August 15th, 2007."
11 Number 2, "Transportation improvements
12 shall be made in accordance with the Traffic
13 memorandum dated October 2nd, 2007, and the FDOT
14 memorandum dated October 10th, 2007, or as
15 otherwise approved by the Planning and
16 Development Department."
17 Thank you. That's it.
18 THE CHAIRMAN: Great.
19 Are you in agreement?
20 MR. HERZBERG: Yes, sir.
21 THE CHAIRMAN: Discussion on the
22 amendment?
23 COMMITTEE MEMBERS: (No response.)
24 THE CHAIRMAN: All in favor, please say
25 aye.
Diane M.
Tropia,
76
1 COMMITTEE MEMBERS: Aye.
2 THE CHAIRMAN: That carries.
3 MR. WEBB: Move the bill as amended.
4 MR. HOLT: Second.
5 THE CHAIRMAN: Motion and a second on the
6 bill as amended.
7 Discussion?
8 COMMITTEE MEMBERS: (No response.)
9 THE CHAIRMAN: Open the ballot and record
10 the vote.
11 (Committee ballot opened.)
12 MR. SHAD: (Votes yea.)
13 MR. WEBB: (Votes yea.)
14 MR. BISHOP: (Votes yea.)
15 MR. HOLT: (Votes yea.)
16 (Committee ballot closed.)
17 MS. LAHMEUR: Four yeas, zero nays.
18 THE CHAIRMAN: By your action, you have
19 amended and approved 2007-1055.
20 Okay. Top of page 11, item 34, 2007-1056.
21 We're going to open that public hearing.
22 Mr. Herzberg again.
23 MR. HERZBERG: Again, for the record, Mike
24 Herzberg,
25
Diane M.
Tropia,
77
1 Sir, this is an application, again, for a
2 land use change to an industrial category. The
3 site acreage is 16.11 acres.
4 We have a recommendation of approval for
5 the land use and zoning, and I'll stand by for
6 any questions.
7 THE CHAIRMAN: Great.
8 Seeing no further speakers, we will close
9 that public hearing.
10 MR. WEBB: Move the amendment.
11 MR. HOLT: Second.
12 THE CHAIRMAN: Motion and a second on the
13 amendment.
14 MR. CROFTS: The amendment consists of the
15 following: We will note on the future land use
16 map that -- with this note, "The development
17 will be limited to 50,000 square feet of light
18 industrial and supportive uses."
19 That's it.
20 THE CHAIRMAN: Are you in agreement?
21 MR. HERZBERG: Yes, sir.
22 THE CHAIRMAN: Great.
23 Discussion on the amendment?
24 COMMITTEE MEMBERS: (No response.)
25 THE CHAIRMAN: All in favor, please say
Diane M.
Tropia,
78
1 aye.
2 COMMITTEE MEMBERS: Aye.
3 THE CHAIRMAN: That carries.
4 MR. WEBB: Move the bill as amended.
5 MR. BISHOP: Second.
6 THE CHAIRMAN: Motion and a second on the
7 bill as amended.
8 Discussion?
9 COMMITTEE MEMBERS: (No response.)
10 THE CHAIRMAN: Open the ballot and record
11 the vote.
12 (Committee ballot opened.)
13 MR. SHAD: (Votes yea.)
14 MR. WEBB: (Votes yea.)
15 MR. BISHOP: (Votes yea.)
16 MR. HOLT: (Votes yea.)
17 (Committee ballot closed.)
18 MS. LAHMEUR: Four yeas, zero nays.
19 THE CHAIRMAN: By your action, you have
20 amended and approved 2007-1056.
21 Next item, item 35, 2007-1057. We'll open
22 that public hearing.
23 Mr. Herzberg is available for questions.
24 MR. HERZBERG: Yes, sir.
25 THE CHAIRMAN: Seeing none, seeing no
Diane M.
Tropia,
79
1 further speakers, that public hearing is closed.
2 MR. WEBB: Move the amendment.
3 MR. BISHOP: Second.
4 THE CHAIRMAN: Motion and a second on the
5 amendment.
6 MR. CROFTS: The amendment is as follows:
7 Number 1, "The developer shall be subject
8 to the original legal description dated August
9 15th, 2007."
10 Condition number 2, "The developer shall be
11 subject to the revised written description dated
12 August 15th, 2007."
13 Condition number 3, "The developer shall be
14 subject to the original site plan dated August
15 15th, 2007."
16 Condition number 4, "The required
17 transportation improvements shall be made in
18 accordance with the Traffic Engineering
19 memorandum dated October 2nd, 2007, and the DOT
20 memorandum dated October 10th, 2007, or as
21 otherwise approved by the traffic engineer and
22 the Planning and Development Department."
23 Condition number 5, "Along the Beaver
24 Street road frontage the developer shall provide
25 landscaping, including grass, trees every
Diane M.
Tropia,
80
1 25 feet with a minimum 2-inch caliper
2 measurement, along with shrubs and hedges."
3 Number 6, "Lighting fixtures shall be flush
4 mounted and full cutoff screens. A lighting
5 plan showing a grid of footcandle illumination
6 levels at regular 50-foot intervals shall be
7 subject to the review and approval of the
8 Planning and Development Department at the time
9 of verification of substantial compliance."
10 Finally, number 7, "The storm water or
11 other ponds shall be constructed with slopes at
12 45 degree angles to minimize wading bird use."
13 That's it.
14 THE CHAIRMAN: Are you in agreement?
15 MR. HERZBERG: Yes, sir.
16 THE CHAIRMAN: Great.
17 Discussion on the amendment?
18 COMMITTEE MEMBERS: (No response.)
19 THE CHAIRMAN: All in favor, please say
20 aye.
21 COMMITTEE MEMBERS: Aye.
22 THE CHAIRMAN: That carries.
23 MR. WEBB: Move the bill as amended.
24 MR. HOLT: Second.
25 THE CHAIRMAN: I have a motion and a second
Diane M.
Tropia,
81
1 on the bill as amended.
2 Discussion?
3 COMMITTEE MEMBERS: (No response.)
4 THE CHAIRMAN: Open the ballot and record
5 the vote.
6 (Committee ballot opened.)
7 MR. SHAD: (Votes yea.)
8 MR. WEBB: (Votes yea.)
9 MR. BISHOP: (Votes yea.)
10 MR. HOLT: (Votes yea.)
11 (Committee ballot closed.)
12 MS. LAHMEUR: Four yeas, zero nays.
13 THE CHAIRMAN: By your action, you have
14 amended and approved 2007-1057.
15 MR. HERZBERG: Thank you.
16 THE CHAIRMAN: Thank you for coming down.
17 Item 36, 2007-1058. Open that public
18 hearing.
19 John Kidd.
20 (Audience member approaches the podium.)
21 THE CHAIRMAN: Welcome.
22 AUDIENCE MEMBER: Good evening,
23 Mr. Chairman, council members.
24 John Kidd, Avid Group,
25 32256, representing this application, available
Diane M.
Tropia,
82
1 for questions.
2 Thank you.
3 THE CHAIRMAN: Thank you.
4 Please stand by.
5 And seeing no further speakers, we'll close
6 that public hearing.
7 MR. WEBB: Move the bill.
8 MR. HOLT: Second.
9 THE CHAIRMAN: Motion and a second on the
10 bill.
11 Discussion?
12 COMMITTEE MEMBERS: (No response.)
13 THE CHAIRMAN: All right. Open the ballot,
14 record the vote.
15 (Committee ballot opened.)
16 MR. SHAD: (Votes yea.)
17 MR. WEBB: (Votes yea.)
18 MR. BISHOP: (Votes yea.)
19 MR. HOLT: (Votes yea.)
20 (Committee ballot closed.)
21 MS. LAHMEUR: Four yeas, zero nays.
22 THE CHAIRMAN: By your action, you have
23 approved 2007-1058.
24 Next item, 2007-1059. We'll open that
25 public hearing.
Diane M. Tropia,
83
1 Mr. Kidd, same thing?
2 MR. KIDD: Same thing.
3 THE CHAIRMAN: Great.
4 Seeing no further speakers or questions,
5 we'll close that public hearing.
6 MR. WEBB: Move the bill.
7 MR. HOLT: Second.
8 THE CHAIRMAN: Motion and a second on the
9 bill.
10 Discussion?
11 COMMITTEE MEMBERS: (No response.)
12 THE CHAIRMAN: Open the ballot, record the
13 vote.
14 (Committee ballot opened.)
15 MR. SHAD: (Votes yea.)
16 MR. WEBB: (Votes yea.)
17 MR. BISHOP: (Votes yea.)
18 MR. HOLT: (Votes yea.)
19 (Committee ballot closed.)
20 MS. LAHMEUR: Four yeas, zero nays.
21 MR. KIDD: Thank you.
22 THE CHAIRMAN: You have approved
23 2007-1059.
24 Top of page 12. Item 38 we've taken up.
25 Item 39 we've taken up.
Diane M.
Tropia,
84
1 That brings us to item 40, 2007-1062.
2 We'll open that public hearing.
3 Mr.
4 (Mr. Hart approaches the podium.)
5 MR. HART:
6 Road.
7 Mr. Chairman, members, this is an
8 application for a land use change for 31 acres
9 on
10 I have a recommendation of approval from
11 staff as well as the Planning Commission. I'd
12 appreciate your support.
13 Be glad to answer any questions.
14 THE CHAIRMAN: Thank you.
15 Seeing no further speakers, that public
16 hearing is closed.
17 MR. WEBB: Move the amendment.
18 MR. HOLT: Second.
19 THE CHAIRMAN: Motion and a second on the
20 amendment.
21 MR. CROFTS: The amendment is as follows:
22 The development and this particular site
23 will be limited to 448,000 square feet of light
24 industrial space and supportive uses.
25 That's it.
Diane M. Tropia,
85
1 THE CHAIRMAN: Mr. Hart, are you in
2 agreement?
3 MR. HART: Yes.
4 THE CHAIRMAN: Great.
5 Discussion on the amendment?
6 COMMITTEE MEMBERS: (No response.)
7 THE CHAIRMAN: All in favor, please say
8 aye.
9 COMMITTEE MEMBERS: Aye.
10 THE CHAIRMAN: That carries.
11 MR. WEBB: Move the bill as amended.
12 MR. HOLT: Second.
13 THE CHAIRMAN: Motion and a second on the
14 bill as amended.
15 Discussion?
16 COMMITTEE MEMBERS: (No response.)
17 THE CHAIRMAN: Open the ballot, record the
18 vote.
19 (Committee ballot opened.)
20 MR. SHAD: (Votes yea.)
21 MR. WEBB: (Votes yea.)
22 MR. BISHOP: (Votes yea.)
23 MR. HOLT: (Votes yea.)
24 (Committee ballot closed.)
25 MS. LAHMEUR: Four yeas, zero nays.
Diane M.
Tropia,
86
1 THE CHAIRMAN: You have amended and
2 approved 2007-1062.
3 Next item --
4 MR. HART: Thank you.
5 THE CHAIRMAN: -- item 41, 2007-1063.
6 We'll open that public hearing.
7 MR. HART: Mr. Chairman, members, this is
8 the zoning that goes with that land use.
9 I have a recommendation of approval from
10 staff and the Planning Commission.
11 Appreciate your support.
12 THE CHAIRMAN: Great.
13 Seeing no further speakers, we'll close
14 that public hearing.
15 MR. WEBB: Move the bill.
16 MR. HOLT: Second.
17 THE CHAIRMAN: Motion and a second on
18 2007-1063.
19 Discussion?
20 COMMITTEE MEMBERS: (No response.)
21 THE CHAIRMAN: Seeing none, open the ballot
22 and record the vote.
23 (Committee ballot opened.)
24 MR. SHAD: (Votes yea.)
25 MR. WEBB: (Votes yea.)
Diane M.
Tropia,
87
1 MR. BISHOP: (Votes yea.)
2 MR. HOLT: (Votes yea.)
3 (Committee ballot closed.)
4 MS. LAHMEUR: Four yeas, zero nays.
5 THE CHAIRMAN: By your action, you have
6 approved 2007-1063.
7 Thank you.
8 MR. HART: Thank you.
9 Have a good Thanksgiving.
10 THE CHAIRMAN: You as well. Thank you.
11 Item 42, 2007-1064. We'll open that public
12 hearing.
13 Jeff MacFarlan.
14 (Audience member approaches the podium.)
15 THE CHAIRMAN: Welcome.
16 AUDIENCE MEMBER: Good evening.
17 Jeff MacFarlan, King Engineering, 6500
19 32216.
20 I'm representing the applicant on -1064 and
21 -1065 and available for any questions.
22 THE CHAIRMAN: Great. Thank you.
23 Stand by and we'll close that public
24 hearing.
25 MR. WEBB: Move the amendment.
Diane M.
Tropia,
88
1 MR. HOLT: Second.
2 THE CHAIRMAN: I have a motion and a second
3 on the amendment on 2007-1064.
4 MR. CROFTS: The amendment is as follows:
5 "The development will be limited to 512,000
6 square feet of light industrial and supportive
7 uses."
8 That's it.
9 THE CHAIRMAN: Are you in agreement with
10 that?
11 MR. MacFARLAN: Yes.
12 THE CHAIRMAN: Great.
13 Discussion?
14 COMMITTEE MEMBERS: (No response.)
15 THE CHAIRMAN: All in favor, please say
16 aye.
17 COMMITTEE MEMBERS: Aye.
18 THE CHAIRMAN: That carries.
19 MR. WEBB: Move the bill as amended.
20 MR. HOLT: Second.
21 THE CHAIRMAN: I have a motion and a second
22 on the bill as amended.
23 Discussion?
24 COMMITTEE MEMBERS: (No response.)
25 THE CHAIRMAN: Open the ballot, record the
Diane M.
Tropia,
89
1 vote.
2 (Committee ballot opened.)
3 MR. SHAD: (Votes yea.)
4 MR. WEBB: (Votes yea.)
5 MR. BISHOP: (Votes yea.)
6 MR. HOLT: (Votes yea.)
7 (Committee ballot closed.)
8 MS. LAHMEUR: Four yeas, zero nays.
9 THE CHAIRMAN: You have amended and
10 approved 2007-1064.
11 Item 43, 2007-1065. We'll open that public
12 hearing.
13 Mr. MacFarlan again.
14 MR. MacFARLAN: Yeah.
15 THE CHAIRMAN: Same thing?
16 MR. MacFARLAN: Same thing.
17 THE CHAIRMAN: Great.
18 Seeing no further speakers, we'll close
19 that public hearing.
20 MR. WEBB: Move the bill.
21 MR. HOLT: Second.
22 THE CHAIRMAN: Motion and a second on the
23 bill.
24 Discussion?
25 COMMITTEE MEMBERS: (No response.)
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
90
1 THE CHAIRMAN: Open the ballot, record the
2 vote.
3 (Committee ballot opened.)
4 MR. SHAD: (Votes yea.)
5 MR. WEBB: (Votes yea.)
6 MR. BISHOP: (Votes yea.)
7 MR. HOLT: (Votes yea.)
8 (Committee ballot closed.)
9 MS. LAHMEUR: Four yeas, zero nays.
10 THE CHAIRMAN: You have approved 2007-1065.
11 Thanks for coming down.
12 MR. MacFARLAN: Thank you.
13 THE CHAIRMAN: Item 44, 2007-1066.
14 Paige Johnston.
15 (Ms. Johnston approaches the podium.)
16 THE CHAIRMAN: Welcome.
17 We're going to open that public hearing.
18 MS. JOHNSTON: Paige Johnston, 1301
19 Riverplace Boulevard, for the applicant,
20 S.S. Investment Group, LLC.
21 This is a land use amendment to add
22 property that is adjacent to the Northwood
23 regional activity center into the center itself.
24 We are not asking for an intensification of
25 the uses or of density. We are simply adding
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
91
1 this land to spread the development rights, and
2 the Planning Department has before -- will
3 present an asterisk to the land use map, which
4 will specify the development maximums of the
5 Northwood regional activity center. Those
6 maximums were approved in the PUD in 2005, but
7 they were never added into the text amendment
8 for the regional activity center, and so the
9 asterisk will represent the maximums that were
10 approved in 2005, and I am available for
11 questions.
12 THE CHAIRMAN: Great.
13 No further speakers, so we will close that
14 public hearing.
15 MR. WEBB: Move the amendment.
16 MR. HOLT: Second.
17 THE CHAIRMAN: I have a motion and a second
18 on the amendment.
19 MR. CROFTS: Mr. Chairman, members of the
20 committee, to my knowledge, there are two
21 amendments:
22 One is the actual ownership of the property
23 going from Susan E. Hartman to
24 S.S. Investment Group, LLC, and North One Timber
25 Holdings, Inc. (phonetic).
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
92
1 Number two, the maximum development at this
2 particular site is read as follows -- as
3 reflected in a policy -- the amendment would be
4 reflected in a policy to the comprehensive plan,
5 4.3.11. It would read as follows:
6 "The Northwood Town Center regional
7 activity center, which is a multiuse area in the
8 future land use map, shall allow the following
9 land use categories: community general
10 commercial, commercial office, medium density
11 residential, low density residential, light
12 industrial, public buildings and facilities,
13 conservation and recreation and open space,
14 consistent with the multiuse land use category."
15 And this additional language would be
16 provided -- would be included to state as
17 follows: "Provided that the commercial uses do
18 not exceed 750,000 square feet, office uses do
19 not exceed 300,000 square feet, industrial uses
20 do not exceed 30 acres, hotel rooms do not
21 exceed 125 rooms, and residential uses do not
22 exceed 1,499 units, provided, however, the
23 developer may increase or decrease the amount of
24 a particular land use within the approved
25 development program without triggering further
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
93
1 land use or traffic review, subject to
2 compliance with the following conversion table."
3 And I have a conversion table that I will
4 submit for the record that will be included in
5 that ordinance.
6 Thank you.
7 THE CHAIRMAN: Ms. Johnston, are in
8 agreement?
9 MS. JOHNSTON: Yes, but I need two points
10 of clarification.
11 When Mr. Crofts spoke, I believe he said
12 300 instead of 300,000 for the office, square
13 footage. I wanted to make that clear for the
14 record.
15 And also as to the ownership, this is --
16 the owner -- the ownership of the property, the
17 44 acres is S.S. Investment Group, LLC. The
18 North One Timber Holdings is an owner under the
19 PUD but not under the land use.
20 So I wanted to clarify that.
21 THE CHAIRMAN: Does that sound good?
22 MR. CROFTS: Yes, sir.
23 THE CHAIRMAN: Okay. So we're in agreement
24 on that.
25 Discussion on the amendment?
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
94
1 COMMITTEE MEMBERS: (No response.)
2 THE CHAIRMAN: All in favor, please say
3 aye.
4 COMMITTEE MEMBERS: Aye.
5 THE CHAIRMAN: That carries.
6 MR. WEBB: Move the bill as amended.
7 MR. HOLT: Second.
8 THE CHAIRMAN: Motion and a second on the
9 bill as amended.
10 Councilmember Holt.
11 MR. HOLT: I just have to declare ex-parte,
12 having spoken with Ms. Johnston about this.
13 And while I've got you here, I wanted to
14 ask you something just to refresh my memory. I
15 know this land is being added in order to
16 improve the access. Where exactly is it that
17 this -- is it on Acree?
18 MS. JOHNSTON: Yes.
19 This property is actually -- it does not
20 have frontage on Acree. It's just south of
21 Acree Road.
22 The property that you're thinking of is
23 actually the property that was added in the last
24 cycle. We call that the Shaw piece, and that is
25 off of Old Kings Road, and that was the one that
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
95
1 would provide them the additional access point.
2 MR. HOLT: So this piece is providing
3 access to that piece, which provides access to
4 Old Kings?
5 MS. JOHNSTON: Not exactly, no.
6 This piece actually doesn't have anything
7 to do with providing additional access. It's
8 just adjacent to the property that is currently
9 the boundary of the regional activity center and
10 it would be part of either the low density
11 residential part of the RAC or it would be part
12 of the town center area, depending on the
13 conceptual site plan.
14 The property that was added to the south,
15 that was the 50 acres along Old Kings Road, was
16 to improve the access.
17 MR. HOLT: Okay.
18 MS. JOHNSTON: They're two separate
19 locations.
20 MR. HOLT: Thank you.
21 THE CHAIRMAN: Great.
22 We are on the bill as amended. Further
23 discussion?
24 COMMITTEE MEMBERS: (No response.)
25 THE CHAIRMAN: Open the ballot, record the
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
96
1 vote.
2 (Committee ballot opened.)
3 MR. SHAD: (Votes yea.)
4 MR. WEBB: (Votes yea.)
5 MR. BISHOP: (Votes yea.)
6 MR. HOLT: (Votes yea.)
7 (Committee ballot closed.)
8 MS. LAHMEUR: Four yeas, zero nays.
9 THE CHAIRMAN: You have amended and
10 approved 2007-1066.
11 Item 45, 2007-1067. Ms. Johnston.
12 We'll open that public hearing.
13 MS. JOHNSTON: Paige Johnston, 1301
14 Riverplace Boulevard, on behalf of the
15 applicants.
16 This application actually was deferred at
17 the Planning Commission because we are working
18 on a condition with the Planning Department and
19 feel like we'll be able to move forward at the
20 next Planning Commission on November 29th, but I
21 do want to be available for questions here
22 tonight, and there's a similar amendment having
23 to do with the ownership of the property as
24 before.
25 THE CHAIRMAN: Great.
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
97
1 Then we will continue that and take no
2 further action tonight.
3 That brings us to the top of page 14,
4 2007-1068. We'll open that public hearing.
5 Ms. Johnston.
6 MS. JOHNSTON: Paige Johnston, 1301
7 Riverplace Boulevard, on behalf of the
8 applicant.
9 This is a land use application amendment
10 for approximately 66 acres that's located at the
11 intersection of Pecan Park Road and I-95, and
12 we're asking to take the land use from MDR to
13 BP, and I'm available for questions.
14 THE CHAIRMAN: Okay. No further speakers,
15 no questions, we'll close that public hearing.
16 MR. WEBB: Move the amendment.
17 MR. BISHOP: Second.
18 THE CHAIRMAN: Motion and a second on the
19 amendment.
20 MR. CROFTS: The amendment is as follows,
21 that the development in this particular project
22 will be limited to a total of 750,000 square
23 feet of business park and supportive uses.
24 Thank you.
25 THE CHAIRMAN: Are you in agreement?
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
98
1 MS. JOHNSTON: Yes, sir.
2 THE CHAIRMAN: Great.
3 Further discussion on the amendment?
4 COMMITTEE MEMBERS: (No response.)
5 THE CHAIRMAN: All in favor, please say
6 aye.
7 COMMITTEE MEMBERS: Aye.
8 THE CHAIRMAN: That carries.
9 MR. WEBB: Move the bill as amended.
10 MR. HOLT: Second.
11 THE CHAIRMAN: Motion and a second on the
12 bill as amended.
13 Discussion?
14 COMMITTEE MEMBERS: (No response.)
15 THE CHAIRMAN: Open the ballot, record the
16 vote.
17 (Committee ballot opened.)
18 MR. SHAD: (Votes yea.)
19 MR. WEBB: (Votes yea.)
20 MR. BISHOP: (Votes yea.)
21 MR. HOLT: (Votes yea.)
22 (Committee ballot closed.)
23 MS. LAHMEUR: Four yeas, zero nays.
24 THE CHAIRMAN: You have amended and
25 approved 2007-1068.
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
99
1 Item 47, 2007-1069. We'll open that public
2 hearing.
3 Ms. Johnston.
4 MS. JOHNSTON: Paige Johnston, 1301
5 Riverplace Boulevard, on behalf of the
6 applicant.
7 This is the companion rezoning to the prior
8 land use application; however, it involves
9 property that is to the south of the project as
10 well and it presents a mixed-use PUD for
11 commercial and business park uses.
12 We met with the CPAC and discussed the
13 project with the councilmember, and we are -- we
14 would like your support as well.
15 THE CHAIRMAN: Okay. Seeing no further
16 speakers, we're going to close that public
17 hearing.
18 MR. WEBB: Move the amendment.
19 MR. HOLT: Second.
20 THE CHAIRMAN: I have a motion and a second
21 on the amendment.
22 Did anyone want to declare ex-parte? Is
23 that --
24 MR. WEBB: (Inaudible.)
25 THE CHAIRMAN: Okay. Go right ahead.
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
100
1 MR. WEBB: (Inaudible.)
2 THE CHAIRMAN: Okay. We'll do that, then.
3 Amendment, sir.
4 MR. CROFTS: The amendment is as follows:
5 Condition number 1, "The development shall
6 be subject to the original legal description
7 dated August 16th, 2007."
8 Number 2, "The development shall be subject
9 to the revised written description dated
10 November 8th, 2007."
11 Number 3, "The development shall be subject
12 to the original site plan dated August 20th,
13 2007."
14 Number 4 and finally, "The required
15 transportation improvements shall be made in
16 accordance with the Traffic Engineering
17 memorandum dated October 4th, 2007, and the
18 Transportation Planning Division memorandum
19 dated October 8th, 2007, and the Florida
20 Department of Transportation memorandum dated
21 October 4th, 2007, or as otherwise approved by
22 the traffic engineer and the Planning and
23 Development Department."
24 Thank you.
25 THE CHAIRMAN: Ms. Johnston, are you in
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
101
1 agreement?
2 MS. JOHNSTON: Yes, sir.
3 THE CHAIRMAN: Then we are --
4 MS. JOHNSTON: Ms. Eller has a comment, I
5 believe.
6 THE CHAIRMAN: Great.
7 Go ahead.
8 MS. ELLER: Paige, was there an ownership
9 correction on this one as well?
10 MS. JOHNSTON: There was. It's showing on
11 the agenda as being correct.
12 MS. ELLER: Okay. So it was just an agenda
13 issue, not a bill issue?
14 MS. JOHNSTON: I think it was corrected.
15 This bill was actually showing the Susan E.
16 Hartman, like the prior bill.
17 MS. ELLER: Thank you.
18 So this does not need to be part of the
19 amendment, then.
20 THE CHAIRMAN: Okay. All in favor, please
21 say aye.
22 COMMITTEE MEMBERS: Aye.
23 THE CHAIRMAN: That carries.
24 MR. WEBB: Move the bill as amended.
25 THE CHAIRMAN: And I guess the amendment --
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
102
1 the amendment has to say that was to grant the
2 waiver or -- what is this motion?
3 (Inaudible discussion.)
4 THE CHAIRMAN: Okay. Got it.
5 We are on the bill as amended. Do we have
6 that motion?
7 MR. WEBB: Yes.
8 THE CHAIRMAN: Right.
9 Discussion?
10 MR. HOLT: (Indicating.)
11 THE CHAIRMAN: Councilmember Holt.
12 MR. HOLT: I declare ex-parte with
13 Ms. Johnston.
14 Paige, is this the old racetrack property?
15 MS. JOHNSTON: No. Actually, this is --
16 MR. HOLT: On the other side of 95?
17 MS. JOHNSTON: -- the other side, the north
18 piece.
19 MR. HOLT: We've got about five of them
20 going on in that same area.
21 MS. JOHNSTON: They're all in close
22 proximity.
23 MR. HOLT: I'm getting a little confused
24 here, but -- thank you.
25 THE CHAIRMAN: Open the ballot, record the
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
103
1 vote.
2 (Committee ballot opened.)
3 MR. SHAD: (Votes yea.)
4 MR. WEBB: (Votes yea.)
5 MR. BISHOP: (Votes yea.)
6 MR. HOLT: (Votes yea.)
7 (Committee ballot closed.)
8 MS. LAHMEUR: Four yeas, zero nays.
9 THE CHAIRMAN: You have amended and
10 approved 2007-1069.
11 Now, item 48, 2007-1070. We'll open that
12 public hearing.
13 We don't have anybody here -- it's a waiver
14 of minimum road frontage -- so we'll close the
15 public hearing.
16 MR. WEBB: Move the amendment.
17 THE CHAIRMAN: Well, you would either amend
18 to grant or deny this.
19 The amendment would be to either grant or
20 deny the waiver, so when you make it, you -- we
21 have staff -- do you want to tell us about
22 this?
23 Planning Department approval?
24 MR. AVERY: Yes, sir.
25 THE CHAIRMAN: Is it pretty
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
104
1 straightforward?
2 Go ahead.
3 MR. AVERY: Yes. Through the Chairman and
4 committee members. Ordinance 2007-1070 seeks
5 to -- a waiver of minimum road frontage
6 requirements from thirty-five feet to zero feet
7 for the subject property located at 6355 Nathan
8 Hale Road. The property is 2.5 acres of land
9 that's located in a rural section of the
10 southwest planning district.
11 It should be noted that a similar
12 application was approved back in 2006 at
13 5140 Nathan Hale Road for a similar request.
14 Staff recommends approval with two
15 conditions, and I'll read the conditions in the
16 record.
17 To allow for the establishment of no more
18 than one dwelling unit on the subject property
19 as described in the attached legal description.
20 The second condition, the property address
21 and directions to the property will be clearly
22 posted and visible from the right-of-way of
23 Nathan Hale Road in order to notify emergency
24 responders of the property location.
25 That's it.
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
105
1 THE CHAIRMAN: Sounds good.
2 Then we probably would have a motion to
3 either grant or deny with those conditions.
4 MR. WEBB: Motion to grant the waiver with
5 conditions.
6 MR. HOLT: Second.
7 THE CHAIRMAN: I have a motion and a second
8 to grant -- to amend to grant with those
9 conditions, grant the waiver.
10 Discussion?
11 COMMITTEE MEMBERS: (No response.)
12 THE CHAIRMAN: All in favor, please say
13 aye.
14 COMMITTEE MEMBERS: Aye.
15 THE CHAIRMAN: That amendment carries.
16 We need to move the bill as amended.
17 MR. WEBB: Move the bill as amended with
18 conditions.
19 MR. HOLT: Second.
20 THE CHAIRMAN: I have a motion and a second
21 to amend and grant with conditions.
22 Discussion?
23 COMMITTEE MEMBERS: (No response.)
24 THE CHAIRMAN: Open the ballot, record the
25 vote.
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
106
1 (Committee ballot opened.)
2 MR. SHAD: (Votes yea.)
3 MR. WEBB: (Votes yea.)
4 MR. BISHOP: (Votes yea.)
5 MR. HOLT: (Votes yea.)
6 (Committee ballot closed.)
7 MS. LAHMEUR: Four yeas, zero nays.
8 THE CHAIRMAN: You have approved, granted
9 the waiver with a couple of conditions,
10 2007-1070.
11 Item 49, 2007-1071. We'll open that public
12 hearing.
13 (Mr. Duggan approaches the podium.)
14 MR. DUGGAN: Wyman Duggan, 1301 Riverplace
15 Boulevard, Suite 1500, for the applicant.
16 Councilman Holt, this is the racetrack.
17 In 2005, this was changed from light
18 industrial to medium density residential. This
19 application takes it back to light industrial.
20 I'm available for any questions.
21 THE CHAIRMAN: Great.
22 Seeing no further speakers or any
23 questions, we'll close that public hearing.
24 MR. WEBB: Move the amendment.
25 MR. BISHOP: Second.
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
107
1 THE CHAIRMAN: I have a motion and a second
2 on the amendment.
3 MR. CROFTS: Mr. Chairman and members, the
4 amendment consists of the following, that this
5 development will be limited to 1,500,000 square
6 feet of light industrial and supportive uses.
7 That's it.
8 THE CHAIRMAN: Are you in agreement?
9 MR. DUGGAN: Yes, sir.
10 MR. CROFTS: There's a -- I'm sorry.
11 The other part of it, there's a legal
12 modification to this as well. There was some
13 land, I think, deleted from this original
14 submittal --
15 MR. DUGGAN: Right.
16 MR. CROFTS: -- so there are two parts to
17 the amendment.
18 I apologize.
19 THE CHAIRMAN: Okay. And you're in
20 agreement with that?
21 MR. DUGGAN: Yes, Mr. Chairman.
22 THE CHAIRMAN: Great.
23 On the amendment, discussion?
24 COMMITTEE MEMBERS: (No response.)
25 THE CHAIRMAN: All in favor, please say
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
108
1 aye.
2 COMMITTEE MEMBERS: Aye.
3 THE CHAIRMAN: That carries.
4 MR. WEBB: The move bill as amended.
5 MR. BISHOP: Second.
6 THE CHAIRMAN: I have a motion and a second
7 on the bill as amended.
8 Discussion?
9 COMMITTEE MEMBERS: (No response.)
10 THE CHAIRMAN: Open the ballot, record the
11 vote.
12 (Committee ballot opened.)
13 MR. SHAD: (Votes yea.)
14 MR. WEBB: (Votes yea.)
15 MR. BISHOP: (Votes yea.)
16 MR. HOLT: (Votes yea.)
17 (Committee ballot closed.)
18 MS. LAHMEUR: Four yeas, zero nays.
19 THE CHAIRMAN: You have amended and
20 approved 2007-1071.
21 Top of page 15, item 50, 2007-1072.
22 MR. DUGGAN: Wyman Duggan, 1301 Riverplace
23 Boulevard.
24 I'm available for questions. This is the
25 companion rezoning.
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
109
1 THE CHAIRMAN: Seeing no further speakers
2 or questions, we'll close the public hearing.
3 MR. WEBB: Move the amendment.
4 THE CHAIRMAN: I have motion --
5 MR. HOLT: Second.
6 THE CHAIRMAN: -- and a second on the
7 amendment.
8 MR. CROFTS: The amendment in this case is
9 that legal that we corrected in the land use
10 amendment only.
11 THE CHAIRMAN: Great.
12 Discussion?
13 COMMITTEE MEMBERS: (No response.)
14 THE CHAIRMAN: All in favor, please say
15 aye.
16 COMMITTEE MEMBERS: Aye.
17 THE CHAIRMAN: That carries.
18 MR. WEBB: Move the bill as amended.
19 MR. HOLT: Second.
20 THE CHAIRMAN: I have a motion and a second
21 on the bill as amended.
22 Discussion?
23 MR. HOLT: (Indicating.)
24 THE CHAIRMAN: Councilmember Holt.
25 MR. HOLT: Just needed to declare ex-parte
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
110
1 with Mr. Duggan on this. We discussed the fact
2 that this property was MDR, but it has gone to
3 commercial and light industrial because it was
4 so contaminated from years of oil being poured
5 on the racetrack.
6 Thank you.
7 THE CHAIRMAN: Great.
8 We are on the bill. Discussion?
9 COMMITTEE MEMBERS: (No response.)
10 THE CHAIRMAN: Open the ballot, record the
11 vote.
12 (Committee ballot opened.)
13 MR. SHAD: (Votes yea.)
14 MR. WEBB: (Votes yea.)
15 MR. BISHOP: (Votes yea.)
16 MR. HOLT: (Votes yea.)
17 (Committee ballot closed.)
18 MS. LAHMEUR: Four yeas, zero nays.
19 THE CHAIRMAN: You have amended and
20 approved 2007-1072, which brings us to --
21 MR. DUGGAN: Thank you.
22 THE CHAIRMAN: Have a good day.
23 2007-1073. We'll open that public
24 hearing.
25 Roy Shaw.
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
111
1 (Audience member approaches the podium.)
2 THE CHAIRMAN: Welcome.
3 AUDIENCE MEMBER: I'm Roy Shaw, 8525
4 Stocks Road, Jacksonville, Florida 3220 [sic].
5 I'm the applicant and I'll stand by for
6 questions.
7 THE CHAIRMAN: Great. Do stand by.
8 Seeing no speakers or questions, we'll
9 close that public hearing.
10 MR. WEBB: Move the amendment.
11 MR. HOLT: Second.
12 THE CHAIRMAN: Motion and a second on the
13 amendment.
14 MR. CROFTS: The amendment is as follows,
15 the development in this case will be limited to
16 156,000 square feet of light industrial and
17 supporting uses.
18 Thank you.
19 THE CHAIRMAN: Are you in agreement, sir?
20 MR. SHAW: Yes.
21 THE CHAIRMAN: All in favor of the
22 amendment, please say aye.
23 COMMITTEE MEMBERS: Aye.
24 THE CHAIRMAN: That carries.
25 MR. WEBB: Move the bill as amended.
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
112
1 MR. BISHOP: Second.
2 THE CHAIRMAN: I have a motion and a second
3 on the bill as amended.
4 Discussion?
5 COMMITTEE MEMBERS: (No response.)
6 THE CHAIRMAN: Seeing none, open the
7 ballot, record the vote.
8 (Committee ballot opened.)
9 MR. SHAD: (Votes yea.)
10 MR. WEBB: (Votes yea.)
11 MR. BISHOP: (Votes yea.)
12 MR. HOLT: (Votes yea.)
13 (Committee ballot closed.)
14 MS. LAHMEUR: Four yeas, zero nays.
15 THE CHAIRMAN: You have amended and
16 approved 2007-1073.
17 Next item is 2007-1074. We'll open that
18 public hearing.
19 We don't have any speakers, so we'll close
20 that.
21 MR. WEBB: Move the bill.
22 MR. HOLT: Move the bill.
23 THE CHAIRMAN: Motion and a second on the
24 bill.
25 Discussion?
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
113
1 COMMITTEE MEMBERS: (No response.)
2 THE CHAIRMAN: Seeing none, open the ballot
3 and record the vote.
4 (Committee ballot opened.)
5 MR. SHAD: (Votes yea.)
6 MR. WEBB: (Votes yea.)
7 MR. BISHOP: (Votes yea.)
8 MR. HOLT: (Votes yea.)
9 (Committee ballot closed.)
10 MS. LAHMEUR: Four yeas, zero nays.
11 THE CHAIRMAN: You have approved 2007-1074.
12 Item 53, 2007-1075. We'll open that public
13 hearing.
14 There aren't any speakers, so we're going
15 to close that public hearing.
16 MR. WEBB: Move the bill.
17 THE CHAIRMAN: I have an amendment on that
18 one, I think.
19 MR. WEBB: (Inaudible.)
20 THE CHAIRMAN: Mine, I definitely have an
21 amendment on item 53.
22 Do we have one or not?
23 MR. CROFTS: Yes, we do.
24 MS. ELLER: Yes.
25 To the chairman, the bill, as originally
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
114
1 filed on October 9th, had one version of the
2 proposed text changes, and the version that is
3 in your book is the revised text dated November
4 7th, 2007, and it is amendments to the future
5 land use element regarding business park and
6 industrial preservation.
7 I'll defer to the Planning Department for
8 any specifics on that.
9 THE CHAIRMAN: Is that good enough or do we
10 need --
11 MR. CROFTS: That's fine.
12 THE CHAIRMAN: Okay. So let's get a motion
13 on that amendment.
14 MR. WEBB: Move the amendment.
15 MR. BISHOP: Second.
16 THE CHAIRMAN: Motion and a second on the
17 amendment.
18 Discussion?
19 COMMITTEE MEMBERS: (No response.)
20 THE CHAIRMAN: All in favor say aye.
21 COMMITTEE MEMBERS: Aye.
22 THE CHAIRMAN: That carries.
23 MR. WEBB: Move the bill as amended.
24 MR. HOLT: Second.
25 THE CHAIRMAN: Motion and a second on the
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
115
1 bill as amended.
2 Discussion?
3 COMMITTEE MEMBERS: (No response.)
4 THE CHAIRMAN: Open the ballot, record the
5 vote.
6 (Committee ballot opened.)
7 MR. SHAD: (Votes yea.)
8 MR. WEBB: (Votes yea.)
9 MR. BISHOP: (Votes yea.)
10 MR. HOLT: (Votes yea.)
11 (Committee ballot closed.)
12 MS. LAHMEUR: Four yeas, zero nays.
13 THE CHAIRMAN: You have amended and
14 approved 2007-1075.
15 Top of page 16, item 54, 2007-1076. We'll
16 open that public hearing.
17 Seeing no speakers, we'll close that public
18 hearing.
19 MR. WEBB: Move the bill.
20 MR. HOLT: Second.
21 THE CHAIRMAN: Motion and a second.
22 Discussion?
23 COMMITTEE MEMBERS: (No response.)
24 THE CHAIRMAN: Open the ballot, record the
25 vote.
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
116
1 (Committee ballot opened.)
2 MR. SHAD: (Votes yea.)
3 MR. WEBB: (Votes yea.)
4 MR. BISHOP: (Votes yea.)
5 MR. HOLT: (Votes yea.)
6 (Committee ballot closed.)
7 MS. LAHMEUR: Four yeas, zero nays
8 THE CHAIRMAN: You have approved 2007-1076.
9 Item 55, 2007-1077. Open that public
10 hearing.
11 Seeing no speakers, continue that, take no
12 further action.
13 Item 56, 2007-1078. Open that public
14 hearing.
15 Seeing no speakers, continue that, take no
16 further action.
17 Item 57, 2007-1079. We'll open that public
18 hearing.
19 Mr. Schaefer. William Schaefer.
20 (Audience member approaches the podium.)
21 THE CHAIRMAN: Welcome.
22 We're on 2007-1079. Open the public
23 hearing.
24 AUDIENCE MEMBER: I'll also be here for
25 -1080 as well. I didn't fill out that other
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
117
1 card.
2 THE CHAIRMAN: Sure.
3 AUDIENCE MEMBER: Mr. Chairman and members
4 of the committee, my name is Bill Schaefer,
5 1500 Marsh Landing Parkway, Jacksonville Beach,
6 Florida 32250.
7 This area of New Berlin Road has been
8 transitioning to commercial, more intensive uses
9 over the number of years. A few years back, the
10 City planners modified the front, 170 feet along
11 New Berlin Road, to CGC and CO zoning.
12 The landowner requested a change of an
13 additional portion of 1.9 acres of this parcel
14 to allow the development of an office building.
15 We have a recommendation of approval from
16 staff and the Planning Commission, and I'd
17 appreciate your support, and I'll stand by for
18 any questions you have.
19 THE CHAIRMAN: Thank you.
20 We're going to close that public hearing.
21 MR. WEBB: Move the bill.
22 MR. BISHOP: Second.
23 THE CHAIRMAN: Motion and a second on the
24 bill.
25 Discussion?
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
118
1 COMMITTEE MEMBERS: (No response.)
2 THE CHAIRMAN: Open the ballot, record the
3 vote.
4 (Committee ballot opened.)
5 MR. SHAD: (Votes yea.)
6 MR. WEBB: (Votes yea.)
7 MR. BISHOP: (Votes yea.)
8 MR. HOLT: (Votes yea.)
9 (Committee ballot closed.)
10 MS. LAHMEUR: Four yeas, zero nays.
11 THE CHAIRMAN: You have approved 2007-1079.
12 Top of page 17, 2007-1080.
13 Mr. Schaefer, same thing? Available for
14 questions?
15 MR. SCHAEFER: I'm available for questions.
16 Thank you.
17 THE CHAIRMAN: Great.
18 Seeing no questions or further speakers,
19 we'll close that public hearing.
20 MR. WEBB: Move the bill.
21 MR. HOLT: Second.
22 THE CHAIRMAN: Motion and a second on the
23 bill.
24 Councilmember Holt.
25 MR. HOLT: I just needed to declare
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
119
1 ex-parte with the landowner, Jean Jones
2 (phonetic). And we discussed what Mr. Schaefer
3 had just said, some of the changes in that area
4 and moving toward a more commercial area.
5 Thank you.
6 THE CHAIRMAN: Seeing no more discussion,
7 open the ballot, record the vote.
8 (Committee ballot opened.)
9 MR. SHAD: (Votes yea.)
10 MR. WEBB: (Votes yea.)
11 MR. BISHOP: (Votes yea.)
12 MR. HOLT: (Votes yea.)
13 (Committee ballot closed.)
14 MS. LAHMEUR: Four yeas, zero nays.
15 THE CHAIRMAN: You have approved 2007-1080.
16 2007-1083.
17 MR. SCHAEFER: Thank you.
18 THE CHAIRMAN: Rick Gerhart.
19 (Audience member approaches the podium.)
20 THE CHAIRMAN: Welcome.
21 And while you're coming down, I will
22 declare that I met with members of the CPAC, the
23 chair of the zoning committee of the CPAC at
24 San Marco Deli earlier this week in the morning
25 and discussed the history of the property and
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
120
1 the opposition to the rezoning in front of us.
2 MR. WEBB: (Inaudible.)
3 THE CHAIRMAN: You might as well go ahead
4 and declare it now.
5 MR. WEBB: Thank you, Mr. Chair.
6 I need to declare ex-parte on this one as
7 well. I've had numerous conversations with
8 representatives of the CPAC and the Greater
9 Hood Road Community Association.
10 In addition, we had a Town Hall meeting on
11 this matter. There were numerous people from
12 the community.
13 And, in addition, I had a meeting sometime
14 ago with the representative for the developer,
15 Mr. Herzberg, with the property owners as well.
16 We talked about this proposal.
17 Thank you.
18 THE CHAIRMAN: So we're going to open the
19 public hearing.
20 Sir, go right ahead.
21 AUDIENCE MEMBER: Rick Gerhart, 10260 Hood
22 Court.
23 I just wanted to give my views on opposing
24 this rezoning. Make it short.
25 A few items of my concern: This parcel
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
121
1 that's being rezoned for commercial -- there's
2 four of us homeowners that will face right into
3 the backs of these buildings. We also have a
4 housing development across the street from us
5 and approximately seven homes will back right up
6 to the buildings.
7 There's no transition between commercial
8 and residential. On my side of the street, I
9 have a cul-de-sac that would divide us from the
10 residential.
11 As far as commercial buildings in the area,
12 within a mile from the intersection we have 31
13 empty units as of right now. Some of them have
14 been open -- the leases have been -- I believe
15 almost about two years.
16 The other thing, on the corner that's in
17 front of our property, they're zoned for it --
18 or it's -- the site is for a Walgreens to go
19 in. Within three miles of this intersection
20 there's 12 pharmacies within that area, so I
21 don't think we need more commercial, more
22 pharmacies within our area, especially in our
23 front yards.
24 That's all I have. Thank you.
25 THE CHAIRMAN: Well, thank you for coming
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
122
1 down.
2 And we will continue that and take no
3 further action.
4 Item 60, 2007-1084. We'll open that public
5 hearing.
6 (Mr. Gabriel approaches the podium.)
7 THE CHAIRMAN: Mr. Gabriel.
8 MR. GABRIEL: Good evening.
9 Jason Gabriel, 6 East Bay Street,
10 Suite 500, Jacksonville, Florida.
11 THE CHAIRMAN: I didn't recognize you.
12 Go ahead. Didn't mean to throw you off
13 your game.
14 MR. GABRIEL: That's okay.
15 What you have before you is a rezoning
16 application for a currently existing plaza off
17 of Bowden Road from CN to PUD.
18 We're going to get into the conditions in a
19 moment. We just respectfully request to add two
20 more conditions at the request of the district
21 councilmember.
22 And other than that, I'm just available for
23 questions.
24 THE CHAIRMAN: Okay. Seeing no further
25 speakers, we're going to close that public
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
123
1 hearing and hear the amendment.
2 MR. CROFTS: The amendment is as follows --
3 THE CHAIRMAN: I'm a little quick.
4 Motion --
5 MR. WEBB: Move the amendment.
6 THE CHAIRMAN: -- and a --
7 MR. HOLT: Second.
8 THE CHAIRMAN: -- second.
9 Yes, sir.
10 MR. CROFTS: Thank you.
11 The amendment is as follows:
12 Condition number 1, "The development shall
13 be subject to the original legal description
14 dated September 20th, 2007."
15 Number 2, "The development shall be subject
16 to the revised written description dated
17 November 5th, 2007."
18 Number 3, "The development shall be subject
19 to the original site plan dated September 20th,
20 2007."
21 Condition number 4, "The required
22 transportation improvements shall be made in
23 accordance with the revised Transportation
24 Division memorandum dated November 13th, 2007,
25 and the Traffic Engineering memorandum dated
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
124
1 October 8th, 2007, or as otherwise approved by
2 the traffic engineer and the Planning and
3 Development Department."
4 The following two conditions are added.
5 They are as follows:
6 "There shall be no sales of automobiles on
7 the subject property." That's condition
8 number 5.
9 And condition number 6, "There shall be no
10 more than six rental vehicles associated with
11 any automotive rental merchant parked on the
12 subject property."
13 That's it.
14 THE CHAIRMAN: Are those the two amendments
15 you had in mind?
16 MR. GABRIEL: That's correct, yes, and
17 we're in agreement.
18 THE CHAIRMAN: Great.
19 Discussion?
20 COMMITTEE MEMBERS: (No response.)
21 THE CHAIRMAN: All in favor, please say
22 aye.
23 COMMITTEE MEMBERS: Aye.
24 THE CHAIRMAN: That carries.
25 MR. WEBB: Move the bill as amended.
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
125
1 MR. HOLT: Second.
2 THE CHAIRMAN: Motion and a second on the
3 bill as amended.
4 Discussion?
5 COMMITTEE MEMBERS: (No response.)
6 THE CHAIRMAN: Open the ballot, record the
7 vote.
8 (Committee ballot opened.)
9 MR. SHAD: (Votes yea.)
10 MR. WEBB: (Votes yea.)
11 MR. BISHOP: (Votes yea.)
12 MR. HOLT: (Votes yea.)
13 (Committee ballot closed.)
14 MS. LAHMEUR: Four yeas, zero nays.
15 THE CHAIRMAN: You have amended and
16 approved 2007-1084.
17 MR. GABRIEL: Thank you.
18 THE CHAIRMAN: The next item, 2007-1085.
19 We'll open that public hearing.
20 Alberta Hipps.
21 (Ms. Hipps approaches the podium.)
22 THE CHAIRMAN: Ms. Hipps, welcome.
23 MS. HIPPS: Thank you.
24 Alberta Hipps, 10250 Normandy Boulevard.
25 Thank you, Mr. Chairman.
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
126
1 I'm just here tonight. We don't have a
2 report yet from the Planning Department. We had
3 some change of the legal description and make
4 sure it was correct.
5 I'd just like to briefly put it on the
6 record that this is phase II of a development
7 that's already on the ground and coming up. And
8 in that Phase I, there is recreation space, and
9 we're going to get the Planning Department the
10 full-scale site plan so they can show -- we can
11 show that we have taken in consideration that
12 ample space for recreation is in there even
13 though this is phase II.
14 Thank you.
15 THE CHAIRMAN: Great. Thank you.
16 We are going to continue that public
17 hearing and take no further action.
18 Top of page 18, 2007-1086. We'll open that
19 public hearing -- we don't have any speakers --
20 continue that, take no further action.
21 Item 63, 2007-1087. Open that public
22 hearing. No speakers. Continue with no further
23 action.
24 Item 64 we deferred. Item 65 is going to
25 be deferred.
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
127
1 All of page 19 -- items 66, 67, 68, and
2 69 -- will be deferred.
3 On page 20, item 70 we deferred.
4 Item 71, 2007-1140. We'll open that public
5 hearing. No speakers. Take no further action.
6 Item 72, we'll -- 2007-1141. We'll open
7 that public hearing.
8 (Mr. Kupperman approaches the podium.)
9 THE CHAIRMAN: Mr. Kupperman, welcome.
10 MR. KUPPERMAN: Thank you.
11 Greg Kupperman, 200 First Street, Neptune
12 Beach.
13 This is a performance-based development
14 agreement for a hotel with two commercial
15 outparcels. The planning staff has recommended
16 approval.
17 I'll be glad to answer questions.
18 THE CHAIRMAN: Do stand by.
19 We'll close that public hearing.
20 MR. WEBB: Move the bill.
21 MR. HOLT: Move the bill.
22 THE CHAIRMAN: Motion and a second on the
23 bill.
24 Discussion?
25 COMMITTEE MEMBERS: (No response.)
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
128
1 THE CHAIRMAN: Open the ballot, record the
2 vote.
3 (Committee ballot opened.)
4 MR. SHAD: (Votes yea.)
5 MR. WEBB: (Votes yea.)
6 MR. BISHOP: (Votes yea.)
7 MR. HOLT: (Votes yea.)
8 (Committee ballot closed.)
9 MS. LAHMEUR: Four yeas, zero nays.
10 THE CHAIRMAN: You have approved 2007-1141.
11 The next item, 2007-1142. We'll open that
12 public hearing.
13 Mr. Kupperman.
14 MR. KUPPERMAN: Greg Kupperman, 200 First
15 Street, Suite B, Neptune Beach, Florida.
16 This is another performance-based
17 development agreement for an electrical
18 contractor warehouse. The planning staff has
19 recommended approval.
20 I'll be glad to answer any questions.
21 THE CHAIRMAN: Great. Seeing none, we'll
22 close that --
23 AUDIENCE MEMBER: (Indicating.)
24 THE CHAIRMAN: Come on down. Yes, sir.
25 (Audience member approaches the podium.)
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
129
1 THE CHAIRMAN: I apologize.
2 Mr. Braun?
3 AUDIENCE MEMBER: Braun.
4 THE CHAIRMAN: Welcome.
5 AUDIENCE MEMBER: Joseph Braun, 2330
6 Rosselle Street.
7 I live in that area. I would like you to
8 vote no, just vote no.
9 Okay. On number 9 of their development
10 agreement, it says, "The agreement shall be
11 approved by the council within 120 days."
12 My calculation of 120 days was up on
13 October 18th, 2007. So this thing is like
14 Ronald Reagan said, it's dead on arrival.
15 THE CHAIRMAN: Okay. Well, we'll --
16 MR. BRAUN: Okay. Let's go to some other
17 things.
18 They're also closing roads in this area
19 too, so they're going to change the traffic
20 pattern.
21 On the application, on VI, they crossed out
22 their address this will apply to.
23 There's a reference in the agreement to
24 655.2069 IV, which is retention ponds.
25 They have developed out four blocks in this
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
130
1 area. They have just basically put the roofs up
2 and the parking area which is solid parking
3 there. That means afterwards, us that live in
4 the area got the water from the rain. It gets
5 where you can't hardly drive in there when
6 there's a fairly good amount of rain. I would
7 suggest you change that thing -- I ask you to
8 change their thing from what they designed to a
9 retention pond to retain that water.
10 Well, I guess I'm finished. Just vote no
11 as far as I'm concerned.
12 THE CHAIRMAN: Okay. Thank you.
13 Seeing no further speakers, we will close
14 that public hearing.
15 Shannon or staff, could you -- let's get a
16 motion on the bill. I'm sorry.
17 MR. WEBB: Move the bill.
18 MR. HOLT: Second.
19 THE CHAIRMAN: Motion and a second on the
20 bill.
21 Help me out with the development
22 agreement. What are we -- what is this?
23 MS. ELLER: Sure.
24 Under our concurrency management system,
25 when you apply to see whether or not you have
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
131
1 concurrency for all of your infrastructure, the
2 one that typically fails would be
3 transportation. If it doesn't fail, you're
4 issued a CCAS, which is your initial reservation
5 of those transportation trips.
6 If you can't develop within the amount of
7 time that your CCAS is good for, we allow you to
8 continue to hold on to those trips as long as
9 you agree to enter into a performance-based
10 development agreement, which has the phasing
11 schedule, and then we also charge you an annual
12 fee to hold on to those trips.
13 The 120-day issue comes up because after
14 your CCAS is about to expire, you can enter into
15 a memorandum of agreement with the concurrency
16 office letting them know that you are going to
17 apply for this development agreement, get your
18 application, get it before council.
19 And that memorandum of agreement has that
20 120 days, so that way you can't just abuse it
21 and hold on to your trips, you know, and then
22 not ultimately apply for this development
23 agreement.
24 THE CHAIRMAN: Do you know what the fee
25 was?
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
132
1 MS. ELLER: Yes. The original application
2 fee and then the annual fee is two or three
3 times that, depending on where you are in the
4 process.
5 Steve, what is the fee for the first
6 development agreement and then to maintain the
7 development agreement? Do you know off the top
8 of your head?
9 MR. SMITH: To the Chair, Steve Smith,
10 Planning Department.
11 The application for a development agreement
12 is based on the number of acres. It's $750
13 plus, I think, it's $10 an acre for every acre
14 over one acre, and then there's -- like Shannon
15 mentioned, there's an annual fee that's due to
16 hold the reserved capacity, and that's two times
17 the application fee for a CRC application.
18 THE CHAIRMAN: Okay. What is the status --
19 does this have a rezoning or --- with it? And
20 what's the status of that?
21 MS. ELLER: Correct.
22 This had a PUD rezoning that, I believe,
23 has already passed council; is that correct?
24 MR. KUPPERMAN: Mr. Chairman, that's
25 correct. There was a PUD, site plan specific,
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
133
1 dealing with a lot of the issues that Mr. Braun
2 was referring to.
3 We've also just recently been approved by a
4 certificate of appropriateness by the
5 Jacksonville Historic Preservation Commission as
6 it related to our site plan, elevations,
7 fencing, and so forth as well.
8 THE CHAIRMAN: Great. How long was that?
9 MS. ELLER: I believe the PUD was within
10 two cycles ago.
11 THE CHAIRMAN: Okay. I just didn't --
12 MS. ELLER: And there is a road closure --
13 there's also a road closure for Rosselle Street.
14 That is currently pending before TEU; is
15 that correct, Mr. Kupperman?
16 MR. KUPPERMAN: That's correct.
17 There are some issues with a road closure.
18 It's a separate issue. We've deferred that so
19 that we can meet with the -- there's some
20 neighbors that have some concern, as well as
21 everything that we've done on this project, we
22 have met with RAP and the councilman. And, of
23 course, that's why we're deferring, to take the
24 time to get with Mr. Jones and to get with
25 Riverside Avondale Preservation.
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
134
1 THE CHAIRMAN: Right.
2 I just wanted for the gentleman --
3 Mr. Braun came down.
4 The items that you mentioned, they're not
5 really in front of us today. They -- I trust
6 you had your day in front of the Planning
7 Commission and in front of this body on the
8 merits of the PUD and the road closing. It
9 sounds like --
10 If I were you, I'd get with Councilmember
11 Jones and you may be able to speak to the
12 transportation committee in opposition or
13 certainly you could contact those numbers and
14 lobby in opposition to the road closure. That's
15 not really in front of us today. I just wanted
16 to bring that up. So this is really more
17 administrative in nature.
18 That's my thoughts.
19 Councilmember Bishop.
20 MR. BISHOP: Thank you, Mr. Chairman.
21 Mr. Braun has spoken a number of times, I
22 think, in the past about this 120-day issue. In
23 his opinion, it's expired. Can we get a -- what
24 is this 120 days? How does it relate to this
25 project? So that we understand. Is it in the
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
135
1 proper posture and where does all of that fit?
2 MR. SMITH: Through the Chair to Councilman
3 Bishop, that's correct.
4 They originally started this process with a
5 memorandum of agreement, which is good for 120
6 days. They got an extension of another 120 days
7 to complete this process. Their actual
8 application expires on February 13th, 2008, at
9 this point. So this allows them to go through
10 this process because it's about a four- to
11 six-month process to get it all done.
12 MR. BISHOP: Through the Chair, the -- then
13 the October date that Mr. Braun was referencing
14 was the original date, prior to the extension;
15 is that correct?
16 MR. SMITH: That's correct.
17 We issued the extension back in October for
18 another 120 days for their memorandum of
19 agreement, prior to the original -- prior to the
20 previous -- prior to the expiration of the
21 original MOA.
22 MR. BISHOP: Thank you.
23 THE CHAIRMAN: And I assume that's
24 documented. If someone wanted to request it,
25 they could request that.
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
136
1 Okay. We are on 2007-1142. Further
2 discussion?
3 COMMITTEE MEMBERS: (No response.)
4 THE CHAIRMAN: Open the ballot, record the
5 vote.
6 (Committee ballot opened.)
7 MR. SHAD: (Votes yea.)
8 MR. WEBB: (Votes yea.)
9 MR. BISHOP: (Votes yea.)
10 MR. HOLT: (Votes yea.)
11 (Committee ballot closed.)
12 MS. LAHMEUR: Four yeas, zero nays.
13 THE CHAIRMAN: You have approved 2007-1142.
14 Top of page 21, item 74, 2007-1143.
15 Mr. Kupperman.
16 MR. KUPPERMAN: Greg Kupperman, 200 First
17 Street, Suite B, Neptune Beach.
18 Another performance-based development
19 agreement for 400 multifamily units. The staff
20 has recommended approval.
21 I want to say one -- I do want to add one
22 thing because we were talking about the 120
23 days. I think the process for the 120 days, you
24 really need a little bit more time than the 120
25 days. The applicant could respond as quickly as
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
137
1 possible, but the process that's set up to go
2 through the hoops to get to this point, it takes
3 more than 120 days to get here.
4 THE CHAIRMAN: That sounds very likely.
5 If the Planning Department wants -- I don't
6 know if that requires legislation or if
7 Mr. Thoburn can do that, but you may want to
8 send a note to him considering extending that.
9 I know it sounds like we -- the extension
10 is pretty administratively done, but if we know
11 it's going to take more than 120 days, we might
12 as well just do that on the front end.
13 Okay. We're going to close the public
14 hearing on 2007-1143.
15 MR. WEBB: Move the bill.
16 THE CHAIRMAN: A motion and a --
17 MR. BISHOP: Second.
18 THE CHAIRMAN: -- second.
19 And this is another development agreement,
20 Buccaneer Mobile Home Park. How was that -- how
21 long is this for? Why don't you talk us through
22 this.
23 MS. ELLER: The applicant -- do you want to
24 provide the details of the term of your
25 development agreement and how that relates to
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
138
1 your development of the property?
2 MR. KUPPERMAN: Yeah.
3 The development agreement is for a
4 five-year time period. I don't have the exact
5 breakdown. I think it's about a 200-unit
6 breakdown and then another second -- another
7 200-unit breakdown within a five-year time
8 period.
9 THE CHAIRMAN: Okay. Is this project
10 moving forward, do you think, in a timely
11 manner? Has the market been holding them
12 back --
13 MR. KUPPERMAN: Well, the market is
14 definitely slow, but I think that the beach is
15 still a little bit warmer than some of the other
16 places and there's definitely a lot of activity
17 with this movement.
18 Yes, we are anxious to get this in place
19 because I do understand that there is a buyer at
20 the table to pursue it. And, actually, the
21 original project was for, like, an affordable
22 housing type of a project and now we're looking
23 at more of a higher scale type of condo
24 situation.
25 THE CHAIRMAN: Discussion?
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
139
1 COMMITTEE MEMBERS: (No response.)
2 THE CHAIRMAN: Open the ballot, record the
3 vote.
4 (Committee ballot opened.)
5 MR. SHAD: (Votes yea.)
6 MR. WEBB: (Votes yea.)
7 MR. BISHOP: (Votes yea.)
8 MR. HOLT: (Votes yea.)
9 (Committee ballot closed.)
10 MS. LAHMEUR: Four yeas, zero nays.
11 THE CHAIRMAN: You have approved 2007-1143.
12 MR. KUPPERMAN: Thank you.
13 THE CHAIRMAN: Item 75, 2007-1146. We'll
14 open that public hearing.
15 Seeing no speakers, we'll continue, take no
16 further action.
17 We have taken up item 76 and 77, which
18 brings us to the top of page 22. The following
19 items are second and rereferred: 78, 79, 80,
20 81, 82.
21 All of page 23, which is 83, 84, 85, 86,
22 and 87, and last but not least, the last two
23 items on page 24 we will second and rerefer,
24 item 88 and item 89, 2007-1223, which brings us
25 to the end of our agenda.
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
140
1 Anyone got anything?
2 COMMITTEE MEMBERS: (No response.)
3 THE CHAIRMAN: Well, thank you, our
4 visiting council members who are pinch-hitting
5 for our five excused absences today, and we did
6 pretty good with four members.
7 We are adjourned.
8 (The above proceedings were adjourned at
9 6:55 p.m.)
10 - - -
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
141
1 C E R T I F I C A T E
2
3 STATE OF FLORIDA:
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 25th day of November, 2007.
11
12
13
14 Diane M. Tropia
15
16
17
18
19
20
21
22
23
24
25
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203