1 CITY OF
2 LAND USE AND ZONING
3 COMMITTEE
4
5
6 Proceedings held on Tuesday, October 16,
7 2007, commencing at 5:20 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 MICHAEL CORRIGAN, Chair.
CLAY YARBOROUGH, Vice Chair.
14 RICHARD CLARK, Committee Member.
MIA JONES, Committee Member.
15 E. DENISE LEE, Committee Member.
BILL BISHOP, Committee Appointee.
16
17 ALSO PRESENT:
18 JOHN CROFTS, Deputy Director, Planning Dept.
SEAN KELLY, Planning and Development Dept.
19 KEN AVERY, Planning and Development Dept.
FOLKS HUXFORD, Planning and Development Dept.
20
JESSICA STEPHENS, Legislative Assistant.
21 MERRIANE LAHMEUR, Legislative Assistant.
22 - - -
23
24
25
Diane M.
Tropia,
2
1 P R O C E E D I N G S
2 October 16, 2007 5:20 p.m.
3 - - -
4 THE CHAIRMAN: Good afternoon, ladies and
5 gentlemen. I appreciate your patience as we get
6 started.
7 I will call to order the Tuesday, October
8 16th meeting of the Land Use and Zoning
9 Committee.
10 Present we have Councilwoman Denise Lee;
11 Councilmember Richard Clark; Councilmember Clay
12 Yarborough, who's vice chairman; I'm chairman,
13 Michael Corrigan. We're also going to be joined
14 by Councilmember Bill Bishop, who's been
15 appointed to this committee this afternoon by
16 Council President Davis; and Councilwoman Mia
17 Jones will be joining us shortly.
18 Councilmember Richard Clark has an early
19 excusal. Councilmembers Art Shad and Jack Webb
20 are both excused from today's meeting.
21 We'll begin at the beginning of our agenda
22 and go through.
23 Item number 1 is 2005-718. We'll open that
24 public hearing.
25 Do we have any cards for the vice
Diane M.
Tropia,
3
1 chairman?
2 MS. STEPHENS: (Tenders speaker cards.)
3 THE CHAIRMAN: Seeing no speakers, that
4 public hearing will be continued with no further
5 action.
6 The following items will be deferred:
7 Items 2005-1161, 2005-1228, 2005-1399, 2006-24,
8 2006-220, 2006-360, 2006-520, 2006-658, and
9 2006-869.
10 Committee members, we're on the bottom of
11 page 4, item number 11, 2007-33.
12 MR. CLARK: Move to withdraw.
13 MR. YARBOROUGH: Second.
14 THE CHAIRMAN: I have a motion and a second
15 to withdraw.
16 Seeing no discussion, open the ballot and
17 record the vote.
18 (Committee ballot opened.)
19 MR. CORRIGAN: (Votes yea.)
20 MR. YARBOROUGH: (Votes yea.)
21 MS. LEE: (Votes yea.)
22 MR. BISHOP: (Votes yea.)
23 MR. CLARK: (Votes yea.)
24 (Committee ballot closed.)
25 MS. LAHMEUR: Five yeas, zero nays.
Diane M.
Tropia,
4
1 THE CHAIRMAN: By your action, you have
2 withdrawn 2007-33.
3 Top of page 5, items 12 and 13 are
4 companion bills. 2007-144, we'll open that
5 public hearing.
6 Seeing no speakers, we'll continue that
7 public hearing till December the 4th with no
8 further action.
9 Item 13, 2007-145. We'll open that public
10 hearing. Seeing no speakers, we'll continue
11 that public hearing until 12/4/07.
12 Bottom of page 5, 2007-190. We'll open
13 that public hearing.
14 Seeing no speakers, we'll close that public
15 hearing.
16 MR. CLARK: Move to withdraw with fees.
17 MR. YARBOROUGH: Second.
18 THE CHAIRMAN: I have a motion and a second
19 to withdraw 2007-190 and refund the fees.
20 Seeing no discussion on the withdrawal,
21 open the ballot, record the vote.
22 (Committee ballot opened.)
23 MR. CORRIGAN: (Votes yea.)
24 MR. YARBOROUGH: (Votes yea.)
25 MS. LEE: (Votes yea.)
Diane M.
Tropia,
5
1 MR. BISHOP: (Votes yea.)
2 MR. CLARK: (Votes yea.)
3 (Committee ballot closed.)
4 MS. LAHMEUR: Five yeas, zero nays.
5 THE CHAIRMAN: By your action, you have
6 withdrawn 2007-190.
7 Top of page 6. Item 2007-384 will be
8 deferred.
9 Item 16, 2007-443. We'll open that public
10 hearing.
11 MR. CLARK: Move the bill.
12 THE CHAIRMAN: We're in the public hearing
13 at this point.
14 Mr. Ken Atlee.
15 (Mr. Atlee approaches the podium.)
16 THE CHAIRMAN: Good afternoon.
17 MR. ATLEE: Good afternoon.
18 Ken Atlee,
19 To keep it short, I'll be glad to answer
20 any questions if you have any.
21 THE CHAIRMAN: All right. We appreciate
22 it.
23 Are there any questions for the speaker?
24 COMMITTEE MEMBERS: (No response.)
25 THE CHAIRMAN: Seeing none, that public
Diane M.
Tropia,
6
1 hearing is closed.
2 MR. YARBOROUGH: Move the bill.
3 MR. CLARK: Second.
4 THE CHAIRMAN: I have a motion and a second
5 on 2007-443.
6 I don't see any discussion on the bill, so
7 open the ballot, record the vote.
8 (Committee ballot opened.)
9 MR. CORRIGAN: (Votes yea.)
10 MR. YARBOROUGH: (Votes yea.)
11 MS. LEE: (Votes yea.)
12 MR. BISHOP: (Votes yea.)
13 MR. CLARK: (Votes yea.)
14 (Committee ballot closed.)
15 MS. LAHMEUR: Five yeas, zero nays.
16 THE CHAIRMAN: By your action, you have
17 approved 2007-443.
18 We're on item number 17, 2007-566. We'll
19 open that public hearing.
20 Seeing no speakers, we'll continue that
21 public hearing with no further action.
22 Item 18 2007-578. We'll open that public
23 hearing.
24 Seeing no speakers, we'll continue that
25 public hearing with no further action.
Diane M.
Tropia,
7
1 We are now on the top of page 7. Item 19,
2 2007-581 is deferred.
3 Item 20, 2007-659. We'll open that public
4 hearing.
5 Seeing no speakers, we'll continue that
6 public hearing with no further action.
7 Item 21, 2007-662. We'll open that public
8 hearing.
9 Seeing no speakers, we'll close that public
10 hearing.
11 MR. CLARK: Move to withdraw.
12 MR. YARBOROUGH: Second.
13 THE CHAIRMAN: I have a motion and a second
14 to withdraw 2007-662.
15 Seeing no discussion on the withdrawal,
16 open the ballot, record the vote.
17 (Committee ballot opened.)
18 MR. CORRIGAN: (Votes yea.)
19 MR. YARBOROUGH: (Votes yea.)
20 MS. LEE: (Votes yea.)
21 MR. BISHOP: (Votes yea.)
22 MR. CLARK: (Votes yea.)
23 (Committee ballot closed.)
24 MS. LAHMEUR: Five yeas, zero nays.
25 THE CHAIRMAN: By your action, you've
Diane M.
Tropia,
8
1 withdrawn 2007-662.
2 Committee members, we're on the top of
3 page 8. 2007-803 is going to be deferred.
4 2007-806. We're going to open that public
5 hearing. We have a speaker's card from Greg
6 Kupperman.
7 (Mr. Kupperman approaches the podium.)
8 MR. KUPPERMAN: Greg Kupperman, 200 First
9 Street,
10 This proposed PUD is for a combination of a
11 child care center, nursery school, and
12 kindergarten
in
13 I've worked closely with Mr. Lewis of the
14 Planning staff. I have a recommendation of
15 approval with conditions, I agree to those
16 conditions, and I'll be glad to answer any
17 questions.
18 THE CHAIRMAN: Thank you, Mr. Kupperman.
19 Can I have a motion on the amendment?
20 MR. YARBOROUGH: Move the amendment.
21 MR. CLARK: Second.
22 THE CHAIRMAN: I have a motion and a second
23 on the amendment.
24 We'll go to the Planning Department to
25 explain the amendment.
Diane M.
Tropia,
9
1 MR. CROFTS: The amendment consists of
2 three conditions and they are as follows:
3 Number 1, "The development shall be subject
4 to the original legal description dated June
5 15th, 2007.
6 Number 2, "The development shall be subject
7 to the original written description dated June
8 15th, 2007.
9 Number 3 and finally, "The development
10 shall be subject to the revised site plan dated
11 September 28th, 2007."
12 Thank you.
13 THE CHAIRMAN: Thank you.
14 Mr. Kupperman has indicated he's okay with
15 those conditions, so -- I have no speakers on
16 the amendment, so all in favor signal by saying
17 aye.
18 COMMITTEE MEMBERS: Aye.
19 THE CHAIRMAN: All opposed.
20 COMMITTEE MEMBERS: (No response.)
21 THE CHAIRMAN: The amendment carries.
22 MR. YARBOROUGH: Move the bill as amended.
23 MR. CLARK: Second.
24 THE CHAIRMAN: I have a motion and second
25 on 2007-806 as amended.
Diane M.
Tropia,
10
1 Seeing no discussion, open the ballot,
2 record the vote.
3 (Committee ballot opened.)
4 MR. CORRIGAN: (Votes yea.)
5 MR. YARBOROUGH: (Votes yea.)
6 MS. LEE: (Votes yea.)
7 MR. BISHOP: (Votes yea.)
8 MR. CLARK: (Votes yea.)
9 (Committee ballot closed.)
10 MS. LAHMEUR: Five yeas, zero nays.
11 THE CHAIRMAN: By your action, you have
12 approved 2007-806.
13 MR. KUPPERMAN: Thank you.
14 THE CHAIRMAN: Thank you, Mr. Kupperman.
15 Item 24 is 2007-835. That is an appeal.
16 We have a public hearing on that.
17 Is there anyone here to speak on that
18 public hearing?
19 AUDIENCE MEMBERS: (No response.)
20 THE CHAIRMAN: Seeing no speakers, we're
21 going to continue that public hearing until
22 January 15th, which, at that point, we'll
23 conduct a formal hearing.
24 And for the committee members, you will
25 receive a notice about this, but since it's been
Diane M.
Tropia,
11
1 requested to be a formal hearing, it will take
2 place at 4 o'clock on January the 15th, and I
3 encourage and ask you to please be here for that
4 appeal.
5 Thank you.
6 Item number 25 is 2007-845. We'll open
7 that public hearing.
8 Seeing no speakers, we'll close that public
9 hearing.
10 We have a substitute.
11 MR. CLARK: Move the sub.
12 MR. YARBOROUGH: Second.
13 THE CHAIRMAN: I have a motion and a second
14 on the substitute to -845.
15 Seeing no discussion on the substitute, all
16 in favor signal by saying aye.
17 COMMITTEE MEMBERS: Aye.
18 THE CHAIRMAN: All opposed.
19 COMMITTEE MEMBERS: (No response.)
20 THE CHAIRMAN: The substitute carries.
21 MR. YARBOROUGH: Move to rerefer.
22 MR. CLARK: Second.
23 THE CHAIRMAN: I have a motion and a second
24 to rerefer 2007-845 as substituted.
25 Seeing no discussion, open the ballot,
Diane M.
Tropia,
12
1 record the vote.
2 (Committee ballot opened.)
3 MR. CORRIGAN: (Votes yea.)
4 MR. YARBOROUGH: (Votes yea.)
5 MS. LEE: (Votes yea.)
6 MR. BISHOP: (Votes yea.)
7 MR. CLARK: (Votes yea.)
8 (Committee ballot closed.)
9 MS. LAHMEUR: Five yeas, zero nays.
10 THE CHAIRMAN: By your action, you have
11 substituted and rereferred 2007-845.
12 Committee members, top of page 9. Item 26,
13 2007-847. We'll open that public hearing.
14 Seeing no speakers, we'll close that public
15 hearing.
16 MS. LEE: Move the amendment.
17 MR. YARBOROUGH: Second.
18 THE CHAIRMAN: I have a motion and a second
19 on the amendment.
20 Mr. Crofts, can we have information on the
21 amendment, please?
22 MR. CROFTS: Yes, sir. The amendment is as
23 follows:
24 Number 1, "The development shall be subject
25 to the original legal description dated July
Diane M.
Tropia,
13
1 23rd, 2007.
2 Number 2, "The development shall be subject
3 to the revised written description date
4 September 24th, 2007.
5 Condition number 3, "The development shall
6 be subject to the revised site plan dated
7 September 24th, 2007.
8 Number 4 and finally, "The development
9 shall be subject to the review and approval of
10 the Department of Public Works Traffic
11 Engineering Division pursuant to their
12 memorandum dated August 21st, 2007, and the
13 Transportation Planning Division's memorandum
14 dated September 4th, 2007, or as otherwise
15 approved by the Traffic Engineering Division,
16 FDOT, and the Planning and Development
17 Department."
18 Thank you.
19 (Mr. Clark exits the proceedings.)
20 THE CHAIRMAN: Thank you.
21 Any questions on the amendment?
22 COMMITTEE MEMBERS: (No response.)
23 THE CHAIRMAN: Seeing none, all in favor of
24 the amendment signal by saying aye.
25 COMMITTEE MEMBERS: Aye.
Diane M.
Tropia,
14
1 THE CHAIRMAN: All opposed.
2 COMMITTEE MEMBERS: (No response.)
3 THE CHAIRMAN: Let's show that again.
4 All in favor of the amendment signal by
5 saying aye.
6 COMMITTEE MEMBERS: Aye.
7 THE CHAIRMAN: All opposed.
8 COMMITTEE MEMBERS: (No response.)
9 THE CHAIRMAN: Thank you.
10 The amendment carries.
11 Can I have a motion on the bill?
12 MR. YARBOROUGH: So moved.
13 MR. BISHOP: Second.
14 THE CHAIRMAN: I have a motion and a second
15 on 2007-847 as amended.
16 Seeing no discussion, open the ballot,
17 record the vote.
18 (Committee ballot opened.)
19 MR. CORRIGAN: (Votes yea.)
20 MR. YARBOROUGH: (Votes yea.)
21 MS. LEE: (Votes yea.)
22 MR. BISHOP: (Votes yea.)
23 (Committee ballot closed.)
24 MS. LAHMEUR: Four yeas, zero nays.
25 THE CHAIRMAN: By your action, you have
Diane M.
Tropia,
15
1 approved 2007-847.
2 Item number 27 and 28 are companion bills.
3 Item 27 is 2007-856. We'll open that public
4 hearing.
5 Seeing no speakers, we'll close that public
6 hearing.
7 (Audience member approaches the podium.)
8 AUDIENCE MEMBER: Excuse me.
9 MR. YARBOROUGH: Move the bill.
10 THE CHAIRMAN: I have a motion. Do I have
11 a second on the bill?
12 MR. YARBOROUGH: Are you on -857?
13 THE CHAIRMAN: Are you on -857?
14 AUDIENCE MEMBER: Yes, sir.
15 Rob Edwards,
16 I've worked closely with Kristen Reed and
17 Bob Riley on the conditions --
18 THE CHAIRMAN: Okay. Are you on -856 or
19 -857?
20 MR. EDWARDS: I'm on both.
21 THE CHAIRMAN: Okay. Let me reopen the
22 public hearing on -856.
23 Go ahead.
24 MR. EDWARDS: I've worked closely with
25 Kristen Reed and Bob Riley on the rezoning of
Diane M.
Tropia,
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1 this, and I agree to all stipulations. And I
2 also attended the CPAC meetings, which I was
3 also approved.
4 THE CHAIRMAN: All right. Any questions?
5 COMMITTEE MEMBERS: (No response.)
6 THE CHAIRMAN: Thank you.
7 We'll close that public hearing -- does
8 Laura Edwards want to speak on this one?
9 AUDIENCE MEMBER: No.
10 THE CHAIRMAN: Okay. We'll close that
11 public hearing on -856.
12 MR. YARBOROUGH: Move the bill.
13 THE CHAIRMAN: I have a motion. Do I have
14 a second on the bill?
15 MR. BISHOP: Second.
16 THE CHAIRMAN: I have a motion and a second
17 on -856.
18 Seeing no discussion on -856, open the
19 ballot, record the vote.
20 (Committee ballot opened.)
21 MR. CORRIGAN: (Votes yea.)
22 MR. YARBOROUGH: (Votes yea.)
23 MS. LEE: (Votes yea.)
24 MR. BISHOP: (Votes yea.)
25 (Committee ballot closed.)
Diane M. Tropia,
17
1 MS. LAHMEUR: Four yeas, zero nays.
2 THE CHAIRMAN: By your action, you have
3 approved 2007-856.
4 We're on item 28, 2007-857. We'll open
5 that public hearing. We have Robert Edwards.
6 Go ahead.
7 MR. EDWARDS: Robert Edwards.
8 I was working close with Kristen Reed and
9 Bob Riley on the rezoning of the property, which
10 they approved, and also with the CPAC meeting on
11 the Northside, which also approved me.
12 THE CHAIRMAN: Mr. Edwards, give me your
13 address for the record.
14 MR. EDWARDS:
15 THE CHAIRMAN: Okay. Thank you. Thank you
16 very much.
17 I also have Laura Edwards. Would you like
18 to speak, Ms. Edwards?
19 AUDIENCE MEMBER: No.
20 THE CHAIRMAN: Are you here in support of
21 the bill?
22 AUDIENCE MEMBER: Yes.
23 THE CHAIRMAN: Let the record reflect that
24 Laura Edwards is here in support of the bill.
25 Okay. I see no further speakers, so we'll
Diane M.
Tropia,
18
1 close that public hearing.
2 MR. YARBOROUGH: Move the amendment.
3 MR. BISHOP: Second.
4 THE CHAIRMAN: I have a motion and a second
5 on the amendment to -857.
6 We'll go to the Planning Department,
7 please.
8 MR. CROFTS: The amendment consists of
9 seven conditions and they are as follows:
10 Number 1, "The developer shall be subject
11 to the original legal description dated August
12 9th, 2007.
13 Number 2, "The developer shall subject to
14 the original written description dated August
15 9th, 2007.
16 Number 3, "The developer shall be subject
17 to the original site plan dated August 9th,
18 2007.
19 Number 4, "The required transportation
20 improvements shall be made in accordance with
21 the Traffic Engineering memorandum dated
22 September 7th, 2007, or as otherwise approved by
23 the traffic engineer and the Planning and
24 Development Department.
25 Number 5, "The Planning and Development
Diane M.
Tropia,
19
1 Department shall review the architectural
2 elevations for consistency with the North
3
4 landscape plan at the time of verification of
5 substantial compliance.
6 Number 6, "The setback from
7 shall be 25 feet deep with a vinyl or composite
8 material fence, 8 feet tall, 15 feet from the
9 right-of-way. Within that 15 feet of open
10 space, between the fence and
11 developer shall provide landscaping, including
12 grass, trees every 25 feet with a minimum 2-inch
13 caliper measurement in shrubs and hedges.
14 "The
15 vinyl dip chain-link fence adjacent to the
16 parking space area but the same type of
17 landscape
required for the
18 provided between the fence and
19 Number 7 and finally, "Lighting fixtures
20 shall be flush mounted with full cutoff
21 screens. A lighting plan showing a grid of
22 footcandle illumination, levels at regular
23 50-foot intervals, shall be subject to the
24 review and approval of the Planning and
25 Development Department."
Diane M.
Tropia,
20
1 Thank you, sir.
2 THE CHAIRMAN: Thank you, Mr. Crofts.
3 Mr. Edwards, do you agree with all of those
4 conditions?
5 MR. EDWARDS: Yes, sir. Every one.
6 THE CHAIRMAN: All right. Thank you very
7 much.
8 Seeing no discussion on the motion, open
9 the ballot, record the vote.
10 MR. YARBOROUGH: (Inaudible.)
11 THE CHAIRMAN: We're just on the amendment,
12 you're correct.
13 Thank you.
14 Let's get approval of the amendment first.
15 I'm sorry.
16 MR. YARBOROUGH: Move the amendment.
17 THE CHAIRMAN: All in favor of the
18 amendment signal by saying aye.
19 COMMITTEE MEMBERS: Aye.
20 THE CHAIRMAN: All opposed.
21 COMMITTEE MEMBERS: (No response.)
22 MR. YARBOROUGH: Move the bill as amended.
23 THE CHAIRMAN: I have a motion and a --
24 MR. BISHOP: Second.
25 THE CHAIRMAN: -- second on 2007-857 as
Diane M.
Tropia,
21
1 amended.
2 I still have no discussion, so let's open
3 the ballot and record the vote.
4 (Committee ballot opened.)
5 MR. CORRIGAN: (Votes yea.)
6 MR. YARBOROUGH: (Votes yea.)
7 MS. LEE: (Votes yea.)
8 MR. BISHOP: (Votes yea.)
9 (Committee ballot closed.)
10 MS. LAHMEUR: Four yeas, zero nays.
11 THE CHAIRMAN: Thank you, Mr. Vice
12 Chairman.
13 By your action, you've approved 2007-857.
14 (Ms. Jones enters the proceedings.)
15 THE CHAIRMAN: 2007-919 will be deferred.
16 Committee members, we're now on the top of
17 page 10.
18 Let the record reflect that Councilwoman
19 Mia Jones has joined us.
20 We're on item number 30, 2007-927. We'll
21 open the public hearing.
22 We have one speaker, Mr. Rob Baldwin.
23 (Audience member approaches the podium.)
24 THE CHAIRMAN: Good afternoon.
25 AUDIENCE MEMBER: Good afternoon, sir.
Diane M.
Tropia,
22
1 Rob Baldwin,
2 I'm here in support of the bill,
3 representing Murrad as their agent.
4 We've worked closely with Historic
5 Preservation and RADO and RAP for several
6 months, and I'm really just here to answer any
7 questions you might have.
8 THE CHAIRMAN: Thank you very much.
9 Seeing no questions and no further
10 speakers, we'll close that public hearing.
11 MR. YARBOROUGH: Move the amendment.
12 THE CHAIRMAN: I have a motion and a -- do
13 I have a second on the amendment?
14 MR. BISHOP: Second.
15 THE CHAIRMAN: I have a motion and a second
16 on the amendment.
17 We'll go to the Planning Department for the
18 amendment, please.
19 MR. CROFTS: Yes, Mr. Chairman.
20 The amendment is as follows:
21 Condition number 1, "The development shall
22 be subject to the original legal description
23 dated August 8th, 2007.
24 Number 2, "The development shall be subject
25 to the original written description dated August
Diane M.
Tropia,
23
1 8th, 2007.
2 Number 3, "The development shall be subject
3 to the revised site plan dated July 2nd, 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 September
8 10th, 2007, and the Transportation Planning
9 Division's memorandum dated September 14th,
10 2007, or as otherwise approved by the Traffic
11 Engineering Division and the Planning and
12 Development Department.
13 Number 5, "Any improvements to the
14 right-of-way, which include striping, be subject
15 to the review and approval of the Department of
16 Public Works Traffic Engineering Division and
17 the Planning and Development Department.
18 Number 6 and finally, "Signage be set back
19 at a minimum of 10 feet from the back of the new
20 sidewalks as shown on the site plan and meet all
21 site distance limitations and be reviewed and
22 approved by the Public Works Department and the
23 Planning and Development Department."
24 Thank you.
25 THE CHAIRMAN: Thank you.
Diane M.
Tropia,
24
1 Mr. Baldwin, do you agree with all those
2 conditions?
3 MR. BALDWIN: Yes, sir.
4 THE CHAIRMAN: All right. Thank you.
5 MR. BALDWIN: Thank you.
6 THE CHAIRMAN: Seeing no discussion on the
7 amendment, all in favor signal by saying aye.
8 COMMITTEE MEMBERS: Aye.
9 THE CHAIRMAN: All opposed.
10 COMMITTEE MEMBERS: (No response.)
11 THE CHAIRMAN: The amendment carries.
12 MR. YARBOROUGH: Move the bill as amended.
13 MS. JONES: Second.
14 THE CHAIRMAN: I have a motion and second
15 on 2007-927.
16 I will tell you that this project is in my
17 district, and I appreciate the developer and all
18 their agents working together with the
19 neighborhood organization and with the Planning
20 Department to bring this project to fruition.
21 MS. LEE: Move denial.
22 THE CHAIRMAN: We already have a motion on
23 the floor. Sorry, can't do that.
24 Seeing no other speakers, we'll open the
25 ballot and record the vote.
Diane M.
Tropia,
25
1 (Committee ballot opened.)
2 MR. CORRIGAN: (Votes yea.)
3 MR. YARBOROUGH: (Votes yea.)
4 MS. JONES: (Votes yea.)
5 MS. LEE: (Votes yea.)
6 MR. BISHOP: (Votes yea.)
7 (Committee ballot closed.)
8 MS. LAHMEUR: Five yeas, zero nays.
9 THE CHAIRMAN: By your action, you have
10 approved 2007-927.
11 Item number 31, 2007-928. We'll open that
12 public hearing.
13 Okay. We have an ex-parte declaration by
14 Councilmember Yarborough.
15 MR. YARBOROUGH: Thank you, Mr. Chairman.
16 2007-928, on October the 11th at the Powell
17 building at Ed Austin Park at 6:30 p.m., we had
18 a community meeting to solicit input from the
19 constituents in the area, and that was to look
20 at the map of the property and also to talk
21 about some other details with the applicant and
22 also the community.
23 Thank you.
24 THE CHAIRMAN: Okay. Councilmember Bishop.
25 MR. BISHOP: Thank you, Mr. Chairman.
Diane M. Tropia,
26
1 I also -- I've declared ex-parte once, but
2 I was at that same community meeting for the
3 same reasons as well.
4 THE CHAIRMAN: Okay. Thank you.
5 Appreciate you doing that.
6 All right. The public hearing is open. Do
7 I have any speakers?
8 MR. YARBOROUGH: No.
9 THE CHAIRMAN: Seeing no speakers, we'll
10 continue that public hearing with no further
11 action.
12 Committee members, we're on item 32,
13 2007-929. We'll open that public hearing.
14 Do we have any ex-parte declarations?
15 MR. YARBOROUGH: Yes.
16 THE CHAIRMAN: Councilmember Yarborough.
17 MR. YARBOROUGH: Yes, sir.
18 (Mr. Saylor approaches the podium.)
19 MR. YARBOROUGH: We do have a speaker too.
20 Thank you.
21 On this one, 2007-929, I met with
22 Mr. Saylor in my office yesterday morning at
23 8 o'clock, and we talked about the site map and
24 also the potential uses for the property if the
25 change goes through.
Diane M.
Tropia,
27
1 Thank you.
2 THE CHAIRMAN: Thank you.
3 I will, for the record, say that I had a
4 conversation with Mr. Saylor today, but it did
5 not concern this project. It was just general
6 in nature.
7 It's a pleasure to see you, Mr. Saylor.
8 Welcome, and the floor is yours.
9 MR. SAYLOR: Thank you, Mr. Chairman.
10
11 I'm here representing Nichols Creek
12 Development, LLC. I'm actually a partner in
13 this deal. I'm not a lobbyist or an agent on
14 behalf of them. I actually have a small piece
15 of this -- this piece of real estate.
16 We're here to basically answer your
17 questions -- I'm here to answer your questions.
18 I apologize, I couldn't be here two weeks
19 ago. I had a family emergency.
20 I understand there was opposition that
21 spoke at that meeting. That was the first
22 opposition that had appeared on this issue. We
23 had no opposition at Planning Commission. We've
24 not encountered opposition prior to two weeks
25 ago.
Diane M.
Tropia,
28
1 But basically we're here to accept and
2 hopefully move ahead with the recommendations of
3 the CPAC for approval, the recommendation of the
4 Planning Commission for approval, the findings
5 of the Department of Community Affairs in
6
7 the comprehensive plan, that it is consistent
8 with the change to the future land use map that
9 you made earlier this year going from
10 residential back to water dependent/water
11 related, and is in compliance with the
12 recently-enacted industrial sanctuary, which
13 addresses most of the water frontage of the
14
15 Dames Point,
16 We are right in the middle of Dames Point.
17 We are right in between
18 new MOL marine terminal.
19 We're just asking to put this property back
20 to IW. It had previously been IW until a couple
21 of years ago when somebody got the notion to
22 turn it into a high-end gated community. That
23 idea failed in the marketplace.
24 We are now subsequent owners of the
25 property and we want to take it back to what we
Diane M.
Tropia,
29
1 believe was a more compatible, consistent land
2 use to begin with, which is port-related
3 activity.
4 We have a number of port-related folks who
5 are very interested in this property, including
6 JaxPort itself, and we're just in the position
7 right now of trying to posture this property
8 for a tenant, or a number of tenants, to do
9 port-related things, economic development-
10 related things, job creation, and
11 industrial-based kinds of things.
12 In terms of opposition comments that were
13 made, I'd like to just very briefly, if I could,
14 address those.
15 A gentleman by the name of Mr. Suttles made
16 some comments at the last LUZ meeting. And,
17 very quickly, I think he had five comments.
18 What will we be doing to the water
19 quality? Nothing. We'll be governed by every
20 agency that governs JaxPort and everybody else
21 who works in that -- basically the back river
22 channel. Our property fronts 3,000 feet of
23 frontage in the back river channel.
24 We're planning to dredge it out.
25 We are not planning to dredge out the back
Diane M.
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30
1 river channel. It is already dredged, so I take
2 issue with that comment.
3 We're talking about removing a way of
4 living.
5 He's talking about himself and others,
6 being shrimpers. Again, we're not dredging out
7 the river. We're not going to affect the water
8 quality. We're not going to affect the aquatic
9 life in the back river channel.
10 And, finally, he made a comment that we're
11 going to be noisy and we're going to adversely
12 affect his property value.
13 Actually, I'd refer you to more expert
14 testimony than my own. The property appraiser's
15 Web site indicates that the property -- that
16 residential property, such as Mr. Suttles',
17 directly adjacent to
18 increased in value every year for as long as
19 it's been in existence. We don't anticipate
20 that this is going to change that.
21 THE CHAIRMAN: Okay. Your time is up,
22 Mr. Saylor.
23 MR. SAYLOR: Thanks.
24 THE CHAIRMAN: Do we have any other
25 speakers?
Diane M.
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31
1 MR. YARBOROUGH: No.
2 THE CHAIRMAN: Any questions of the
3 speaker?
4 COMMITTEE MEMBERS: (No response.)
5 THE CHAIRMAN: The public hearing is
6 closed.
7 MR. YARBOROUGH: Move the bill.
8 MR. BISHOP: Second.
9 THE CHAIRMAN: I have a motion and second
10 on 2007-929.
11 Seeing no discussion, open the ballot,
12 record the vote.
13 (Committee ballot opened.)
14 MR. CORRIGAN: (Votes yea.)
15 MR. YARBOROUGH: (Votes yea.)
16 MS. JONES: (Votes yea.)
17 MS. LEE: (Votes yea.)
18 MR. BISHOP: (Votes yea.)
19 (Committee ballot closed.)
20 MS. LAHMEUR: Five yeas, zero nays.
21 THE CHAIRMAN: By your action, you have
22 approved 2007-929.
23 THE CHAIRMAN: Thank you, Mr. Saylor.
24 MR. SAYLOR: Thank you all.
25 THE CHAIRMAN: Committee members, bottom of
Diane M.
Tropia,
32
1 page 10, 2007-930. We'll open that public
2 hearing.
3 Seeing no speakers, we'll continue that
4 public hearing with no further action.
5 We're on page 11, top of the page, item 34,
6 2007-984.
7 MR. YARBOROUGH: Move the amendment.
8 MR. BISHOP: Second.
9 THE CHAIRMAN: I have a motion and a second
10 on the amendment.
11 We'll go to -- Planning Department, do you
12 need to explain the amendment or not?
13 MS. ELLER: I'll explain the amendment.
14 THE CHAIRMAN: Ms. Eller.
15 MS. ELLER: Thank you.
16 To the committee, this is the TEU
17 amendment, and it was offered by the Office of
18 General Counsel to make several corrections in
19 the whereas clauses, and I pulled the amendment
20 up just for your reference.
21 It's correcting factual statements in the
22 whereas clauses, changing 27 years to 34 years
23 to reflect the time that the neighborhood had
24 worked on this issue, and also correcting
25 references to the Port Authority, and
Diane M.
Tropia,
33
1 identifying that the Aviation Authority is a
2 successor and interest to the Port Authority,
3 clarifying that language in the whereas
4 clauses.
5 And then, again, the request is to rerefer
6 to LUZ with those -- after those technical
7 corrections have been made.
8 THE CHAIRMAN: Okay. Any questions on the
9 amendment?
10 COMMITTEE MEMBERS: (No response.)
11 THE CHAIRMAN: Seeing none, all in favor of
12 the amendment signal by saying aye.
13 COMMITTEE MEMBERS: Aye.
14 THE CHAIRMAN: All opposed.
15 COMMITTEE MEMBERS: (No response.)
16 THE CHAIRMAN: The amendment carries.
17 MR. YARBOROUGH: Move to rerefer to LUZ.
18 MR. BISHOP: Second.
19 THE CHAIRMAN: I have a motion and a second
20 to rerefer 2007-984 to LUZ --
21 MR. YARBOROUGH: As amended.
22 THE CHAIRMAN: -- as amended.
23 Seeing no discussion, open the ballot,
24 record the vote.
25 (Committee ballot opened.)
Diane M.
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34
1 MR. CORRIGAN: (Votes yea.)
2 MR. YARBOROUGH: (Votes yea.)
3 MS. JONES: (Votes yea.)
4 MS. LEE: (Votes yea.)
5 MR. BISHOP: (Votes yea.)
6 (Committee ballot closed.)
7 MS. LAHMEUR: Five yeas, zero nays.
8 THE CHAIRMAN: By your action, you have
9 amended and rereferred 2007-984.
10 Item 35, 2007- --
11 MR. CROFTS: Mr. Chairman.
12 THE CHAIRMAN: Yes.
13 MR. CROFTS: I'm sorry. I hate to
14 interrupt.
15 THE CHAIRMAN: Mr. Crofts.
16 MR. CROFTS: I would like to just go back a
17 moment while Mr. Saylor is here.
18 We had a conversation at the agenda meeting
19 about his fees, and this is related to a
20 situation that was part of the settlement
21 agreement, and there was some discussion about
22 that. And I'd just like to -- with your
23 indulgence and the committee's indulgence, just
24 to discuss that for a moment, the fact about the
25 fees with regard to -929 if you don't mind.
Diane M.
Tropia,
35
1 THE CHAIRMAN: Okay. Mr. Saylor.
2 MR. SAYLOR: Mr. Chairman, I got in a rush
3 there with the red light staring me in the face
4 and I forgot to ask for our fee being
5 reimbursed.
6 We took this through a normal process of
7 application for rezoning and paid the
8 application fee even though this property was
9 the linchpin property in a negotiated settlement
10 agreement with Ms. Valerie Britt related to a
11 coastal high hazard area,
12 all that other property out there.
13 We would like to just put it back to y'all,
14 if you would be willing to turn it over to OGC
15 and let them determine if we're eligible for a
16 reimbursement on that basis.
17 This was really -- for all practical
18 purposes, this was a court-ordered rezoning.
19 And in order to expedite it, I actually applied
20 before we got all the other paperwork in order,
21 so I'm asking if you would consider giving us a
22 refund on it.
23 THE CHAIRMAN: Okay. Let me go to the
24 general counsel and --
25 MS. ELLER: Sure.
Diane M.
Tropia,
36
1 To the committee, if it pleases the
2 committee, you would move to reconsider the bill
3 and then move the bill with a refund of fees.
4 And we did take a look at it. And
5 Mr. Saylor is correct. What happened is the
6 land use change that now requires this rezoning
7 was part of a settlement agreement for another
8 parcel of land in that general vicinity.
9 You may recall, it was the Gate property up
10 at the top of this particular intersection.
11 Part of the approval for that land use map
12 amendment was that we agreed to take this
13 particular parcel out of LDR, thus removing over
14 400 units of residential potential in that area
15 back to a water dependent/water related use.
16 So we did that remedial land use map
17 amendment. So now that the land use has been
18 changed from LDR back to WD/WR -- and by doing
19 that, the PUD that had been approved as the
20 companion to that original LDR request from a
21 couple of years ago obviously wasn't consistent
22 with the land use category.
23 So the ultimate result is that you need to
24 rezone the property to a district that is
25 consistent with WD/WR, which this is, this is
Diane M.
Tropia,
37
1 IW. And, technically, it could have been a
2 City-initiated rezoning in order to bring the
3 zoning district into compliance with the land
4 use category.
5 Now, we would have been happy to do that;
6 however, Mr. Saylor got everything in order and,
7 you know, filed it the day that the settlement
8 agreement had been approved in order to expedite
9 it and move it along.
10 So because of that, because it would easily
11 have fallen under the category of an eligible
12 City-initiated rezoning in order to bring the
13 property into compliance with the land use
14 category adopted pursuant to a settlement
15 agreement, we found that the request to refund
16 the fees is legitimate. And if it's the
17 committee's pleasure to do that, the action
18 would be to move to reconsider the bill and then
19 move approval again with the refund of fees so
20 the notation is in the record for Dana to send
21 those fees back to them.
22 THE CHAIRMAN: Okay. Does anybody want to
23 move to reconsider?
24 MR. BISHOP: Move to reconsider.
25 MS. JONES: Second.
Diane M.
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38
1 THE CHAIRMAN: I have a motion and a second
2 to reconsider 2007-929. All in favor of the
3 reconsideration signal by saying aye.
4 COMMITTEE MEMBERS: Aye.
5 THE CHAIRMAN: All opposed.
6 COMMITTEE MEMBERS: (No response.)
7 THE CHAIRMAN: That motion carries.
8 Do I have a motion on the bill?
9 MR. BISHOP: Move the bill with a refund of
10 fees.
11 THE CHAIRMAN: I have a motion. Do I have
12 a second?
13 MS. JONES: Second.
14 THE CHAIRMAN: I have a motion and a second
15 on 2007-929 with a refund of fees.
16 Seeing no discussion on the motion, open
17 the ballot, record the vote.
18 (Committee ballot opened.)
19 MR. CORRIGAN: (Votes yea.)
20 MR. YARBOROUGH: (Votes yea.)
21 MS. JONES: (Votes yea.)
22 MS. LEE: (Votes yea.)
23 MR. BISHOP: (Votes yea.)
24 (Committee ballot closed.)
25 MS. LAHMEUR: Five yeas, zero nays.
Diane M.
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39
1 THE CHAIRMAN: By your action, you have
2 approved 2007-929.
3 Thank you, Mr. Saylor.
4 MR. SAYLOR: Thank you.
5 THE CHAIRMAN: Committee, we're back on
6 page 11. We're on item 35, 2007-988, and that
7 will be deferred.
8 Item 36, 2007-992. We'll open that public
9 hearing.
10 (Mr. Mann approaches the podium.)
11 THE CHAIRMAN: Mr. Charles Mann.
12 MR. MANN: Mr. Chairman, members of the
13 committee, Charles
Mann,
14 representing the landowner.
15 This is a site that's located in the
16 northwest quadrant of
17 295. It was developed as a commercial office,
18 retail site. There's some hotel pads there.
19 The service -- the interior service to this
20 project is developed on a cross-easement. My
21 client had no actual access out to our -- no
22 ownership of access out to Commonwealth
23 Boulevard except the cross-easement, and this is
24 so that he can have adequate signage, one, to be
25 found by the people on 295; and two, to compete
Diane M.
Tropia,
40
1 with the competition that does have signage out
2 on
3 There is an additional outparcel that
4 was -- got a -- that has got reduced signage on
5 it of 80 square feet.
6 We request your support. The Planning
7 Commission did support it also.
8 Thank you.
9 THE CHAIRMAN: Thank you.
10 Councilwoman Jones, do you want me to --
11 MS. JONES: (Inaudible.)
12 THE CHAIRMAN: We'll close the public
13 hearing, seeing no speakers.
14 Do you want to move the amendment first or
15 do you want to --
16 MS. JONES: Move the amendment.
17 MR. BISHOP: Second.
18 THE CHAIRMAN: I have a motion and a second
19 to -992.
20 Mr. Crofts.
21 MR. CROFTS: Mr. Chairman, members of the
22 committee, there are eight conditions in this
23 PUD, and they are as follows:
24 Number 1, "The development shall be subject
25 to the original legal description dated August
Diane M.
Tropia,
41
1 16th, 2007.
2 Number 2, "The development shall be subject
3 to the revised written description dated
4 September 27th, 2007.
5 Number 3, "The development shall be subject
6 to the original site plan dated August 16th,
7 2007.
8 Number 4, "The development shall be subject
9 to the review and approval of the Department of
10 Public Works Traffic Engineering Division
11 pursuant to their memorandum dated September
12 10th, 2007, or as otherwise approved by the
13 Traffic Engineering Division and the Planning
14 and Development Department.
15 Number 5, "The final location of the three
16 proposed signs shall be approved at the time of
17 verification of substantial compliance.
18 Number 6, "The pylon sign shall not exceed
19 65 feet in height and 200 square feet in area.
20 Number 7, "The monument sign on parcel 1
21 shall not exceed 20 feet in height and
22 100 square feet in area.
23 Number 8 and finally, "The monument sign on
24 parcel 2 shall not exceed 20 feet in height and
25 80 square feet in area."
Diane M.
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42
1 Thank you, sir.
2 MR. MANN: Mr. Chairman, we accept those
3 conditions.
4 THE CHAIRMAN: All right. Thank you,
5 Mr. Mann.
6 Seeing no discussion on the amendment --
7 I'm sorry. Councilwoman Jones, are you on the
8 amendment or on the bill?
9 MS. JONES: The bill.
10 THE CHAIRMAN: Okay. Seeing no discussion
11 on the amendment, all in favor signal by saying
12 aye.
13 COMMITTEE MEMBERS: Aye.
14 THE CHAIRMAN: All opposed.
15 COMMITTEE MEMBERS: (No response.)
16 THE CHAIRMAN: The amendment carries.
17 Can I have a motion on the bill?
18 MR. YARBOROUGH: Move the bill.
19 MS. JONES: Second.
20 THE CHAIRMAN: I have a motion on 2007-992
21 as amended.
22 Councilwoman Jones.
23 MS. JONES: Mr. Chairman, I just needed to
24 declare ex-parte communication on 8/20/07 at
25 3 p.m. I did meet with the owner's agent,
Diane M.
Tropia,
43
1 Mr. Mann, to talk about the placement of the
2 sign.
3 THE CHAIRMAN: Okay. Any questions for
4 Councilwoman Jones?
5 COMMITTEE MEMBERS: (No response.)
6 THE CHAIRMAN: Seeing none, we're on the
7 bill. And seeing no further discussion, open
8 the ballot, record the vote.
9 (Committee ballot opened.)
10 MR. CORRIGAN: (Votes yea.)
11 MR. YARBOROUGH: (Votes yea.)
12 MS. JONES: (Votes yea.)
13 MS. LEE: (Votes yea.)
14 MR. BISHOP: (Votes yea.)
15 (Committee ballot closed.)
16 MS. LAHMEUR: Five yeas, zero nays.
17 THE CHAIRMAN: By your action, you have
18 approved 2007-992.
19 MR. MANN: Thank you all very much.
20 THE CHAIRMAN: Thank you, Mr. Mann.
21 Committee members, we're on the bottom of
22 page 11, 2007-993. We'll open that public
23 hearing.
24 Seeing no speakers, we'll close that public
25 hearing.
Diane M.
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44
1 MR. YARBOROUGH: Move withdrawal with
2 refund.
3 MR. BISHOP: Second.
4 THE CHAIRMAN: I have a motion and second
5 to withdraw 2007-993 and refund the fees.
6 Seeing no discussion on the withdrawal,
7 open the ballot, record the vote.
8 (Committee ballot opened.)
9 MR. CORRIGAN: (Votes yea.)
10 MR. YARBOROUGH: (Votes yea.)
11 MS. JONES: (Votes yea.)
12 MS. LEE: (Votes yea.)
13 MR. BISHOP: (Votes yea.)
14 (Committee ballot closed.)
15 MS. LAHMEUR: Five yeas, zero nays.
16 THE CHAIRMAN: By your action, you have
17 withdrawn 2007-993.
18 Top of page 12. 2007-994, we'll open that
19 public hearing.
20 Seeing no speakers, we'll continue that
21 public hearing with no further action.
22 Item number 39, 2007-995. We'll open that
23 public hearing. We have one speaker,
24 Ms.
25 (Ms. Hipps approaches the podium.)
Diane M.
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45
1 THE CHAIRMAN: Good evening.
2 MS. HIPPS: Good evening.
3
4 Mr. Chairman and members of the committee,
5 I'm here to speak in favor of 2007-995.
6 This is property that's owned by Mr. Milton
7 Sills, and he is planning to build a new home
8 there. And it has on its eastern border an old
9
10 right-of-way where there's been some discrepancy
11 about the ownership of that from property --
12 people that own to the north of his property and
13 behind him, which would be behind him.
14 He owns a 38-plus-foot easement property
15 out to a paved road called Noroad that runs
16 between Old Middleburg and Lambing Road, and
17 with that is a request for the waiver of road
18 frontage.
19 And I met with Council President Davis --
20 it's in his district -- and he is supportive of
21 this waiver of road frontage, and I ask for your
22 approval tonight.
23 THE CHAIRMAN: Okay. Thank you,
24 Ms. Hipps.
25 Seeing no other speakers, we'll close that
Diane M.
Tropia,
46
1 public hearing.
2 MR. BISHOP: Move the amendment.
3 MS. JONES: Second.
4 THE CHAIRMAN: I have a motion and second
5 on the amendment to 2007-995.
6 We'll go to Mr. Kelly in the Planning
7 Department.
8 MR. KELLY: Thank you.
9 To the Chair, ordinance 2007-995, waiver of
10 road frontage 07-25, seeks a reduction in the
11 required minimum road frontage from 80 feet to
12 37.98 feet.
13 Staff reviewed the application and finds
14 that really there was no practical difficulty in
15 carrying out the strict letter of the
16 regulation. Staff feels that this is really
17 intensifying an existing nonconforming
18 characteristic, as it is a -- represents really
19 a lot split of an existing lot that only has
20 38 feet of legal road frontage.
21 And so with that and with the fact that we
22 feel it will alter the character of the area,
23 further subdivision of the property, it is in a
24 sense circumventing chapter 654, subdivision
25 regulations, and based on the criteria, staff is
Diane M.
Tropia,
47
1 recommending denial.
2 THE CHAIRMAN: Okay. Thank you, Mr. Kelly.
3 Any questions on the amendment?
4 MS. ELLER: (Inaudible.)
5 THE CHAIRMAN: That was going to be my next
6 question.
7 Was the amendment proposed to approve or to
8 deny?
9 MS. HIPPS: What is the amendment?
10 MS. ELLER: To the committee, the amendment
11 would be whether to insert language granting the
12 waiver of road frontage or denying the waiver of
13 road frontage. So those are your two choices.
14 The amendment itself actually inserts
15 language into the bill, which currently has
16 placeholder language, stating whether or not the
17 committee and the council approves the waiver of
18 road frontage or denies the waiver of road
19 frontage. And your staff recommendation,
20 obviously, is the denial recommendation.
21 THE CHAIRMAN: All right. Before I clarify
22 that, let me go to Councilwoman Lee.
23 MS. LEE: Explain to me, please, the -- oh,
24 okay.
25 The V amendment, is that what you're
Diane M.
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48
1 talking about?
2 THE CHAIRMAN: Right.
3 MS. ELLER: Correct.
4 There was an amendment offered by one of
5 the committee members. They moved the
6 amendment, and then you will approve or deny
7 that amendment through a voice vote as opposed
8 to the on-the-record vote using the machine.
9 But, again, we just need to clarify whether
10 or not the maker of the motion on the amendment
11 intended for that amendment to be to grant the
12 waiver or to deny the waiver.
13 THE CHAIRMAN: Okay?
14 MS. LEE: Yes.
15 THE CHAIRMAN: All right. Councilmember
16 Bishop.
17 MR. BISHOP: Thank you, Mr. Chairman.
18 Since I made the motion, probably more out
19 of ignorance and simply to move the process
20 along, assuming there was another amendment that
21 would be explained by the Planning Department, I
22 will -- and maybe, Ms. Eller, you can explain
23 the procedure. Am I in a posture that I could
24 withdraw my motion?
25 MS. ELLER: Yes.
Diane M.
Tropia,
49
1 MR. BISHOP: Because after this discussion,
2 in order to really understand the issue, I guess
3 I'd like to see a site plan as to what this is
4 all about.
5 And through the Chair to Ms. Hipps, you had
6 mentioned that you had met with Council
7 President Davis. What was his position on this
8 issue?
9 MS. HIPPS: He is supportive of the waiver
10 of road frontage.
11 MR. BISHOP: He is supportive of that?
12 MS. HIPPS: Yes.
13 MR. BISHOP: And then through the Chair to
14 Ms. Eller, do we have a site plan -- or to the
15 Planning Department -- as to what's being
16 proposed?
17 (Mr. Kelly tenders site plan to
18 Mr. Bishop.)
19 THE CHAIRMAN: Let's go to his first
20 question, Ms. Eller. Can he withdraw his
21 motion --
22 MS. ELLER: If he was the maker of the
23 motion, he may withdraw it.
24 THE CHAIRMAN: Okay. While Mr. Bishop is
25 talking to the Planning Department, let me go
Diane M.
Tropia,
50
1 back to Ms. Lee again.
2 Councilwoman Lee.
3 MS. LEE: Thank you.
4 Through the Chair to Ms. Hipps.
5 MS. HIPPS: Yes.
6 MS. LEE: Ms. Hipps, I noticed that on the
7 public hearing -- have you had any opposition
8 from any of the neighbors in that area relative
9 to this?
10 MS. HIPPS: No, we haven't.
11 And the sign has been posted and there's
12 been no opposition at all.
13 MS. LEE: There's been no opposition?
14 MS. HIPPS: No.
15 MS. LEE: Okay.
16 MS. HIPPS: I know that we're -- if I may
17 just fill in -- Mr. Sills is a person that's
18 owned the property out there in -- you know, for
19 a long period of time.
20 MS. LEE: Mr. Chairman, I think the proper
21 motion would be to move to approve it. That's
22 my motion, move to approve.
23 THE CHAIRMAN: Currently, Mr. Bishop still
24 has his motion on the floor.
25 MS. LEE: I thought he withdrew it.
Diane M.
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51
1 THE CHAIRMAN: He was clarifying before he
2 said what he was going to do.
3 Councilmember Yarborough.
4 MR. YARBOROUGH: While we're waiting, if I
5 could, to the staff. I was looking through
6 this. I read over this last night too and I was
7 a little bit confused, so I'm glad we have a few
8 minutes on it, but on the -- let's see here.
9 On the notice to owner and the agent, where
10 I guess the applicant or Ms. Hipps filled out
11 the sheet, question 3, where it talks about
12 whether or not the waiver would substantially
13 diminish property values, it says, "No, the
14 variance request will not alter the character of
15 the surrounding property and will not interfere
16 with or injure the rights of the other property
17 owners."
18 But then in the staff report the answer was
19 that, "It would alter the general character by
20 furthering the creation of a de facto
21 subdivision" -- and then some other language.
22 Can you -- would staff just mind kind of
23 elaborating on where the position came from?
24 Because it seems -- they all conflict a little
25 bit. Could you just elaborate on some of the
Diane M.
Tropia,
52
1 points, if you would?
2 THE CHAIRMAN: We'll let Mr. Huxford answer
3 that.
4 MR. HUXFORD: The reference in the
5 application is from Ms. Hipps, so I would let
6 her speak to her comments and viewpoints, why
7 she said that.
8 Within the staff report, Noroad has seen a
9 number of rezonings in recent years, both
10 directly on Noroad and on side roads such as --
11 I believe it's Zambito and others. These are
12 subdivisions that have come in with all the
13 regulations such as proper streets, lighting,
14 drainage, and everything.
15 In this case, we didn't want to see what
16 was really a lot of record -- possibly a lot of
17 record being subdivided, and then, who knows, as
18 a trigger, have other lots out there continue to
19 subdivide and intensify without the proper
20 installation of utilities and everything.
21 THE CHAIRMAN: (Inaudible.)
22 MR. YARBOROUGH: Did you want to --
23 THE CHAIRMAN: No.
24 MR. YARBOROUGH: Okay. Well, Ms. Hipps, do
25 you mind -- I know you know the area very well
Diane M.
Tropia,
53
1 out there -- just kind of where the -- I guess
2 where the answers have come from, trying to
3 understand the process too, but --
4 MS. HIPPS: Sure.
5 MR. YARBOROUGH: If you could speak to
6 that, particularly number 3, about property
7 values and all, if you don't mind.
8 MS. HIPPS: Well, I think, first of all,
9 Mr. Sills owns -- if I could pass out this for
10 you-all to see, the lot.
11 Mr. Sills owns all this property, and this
12 map will show you that there's a subdivision to
13 the west. It's called Glenda's Meadows. It's
14 recently gone in. And Mr. Sills owns this
15 property, and he would like to go here and build
16 a new house and have access in the -- there's a
17 house in the back that would also be able to
18 come in and out.
19 There -- you know that there are a lot of
20 issues with right-of-ways in old
21 platting. If you haven't come up against that
22 before, I'm afraid that you will come up against
23 it in the future.
24 And this waiver of road frontage would
25 indeed reserve the 38 feet for an in and out,
Diane M.
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1 ingress and egress for Mr. Sills to have his
2 house there and to keep the dwelling that is in
3 the back. And it will not in any way interfere,
4 I don't think, with values.
5 You can see that it's a large lot, that
6 there's smaller lots all around it, and it will
7 keep the Sills and -- he and his wife from being
8 able to have to deal with any of the issues
9 where recently some of the people in the back
10 have said they were going to chain up the Lola
11 Drive easement because they believe that they
12 own 15 feet of that easement all the way
13 through, and there's been some real question.
14 So I think that this would indeed make it a good
15 solution. That's the reason that he's here
16 before you today.
17 MR. YARBOROUGH: So the residence, then, is
18 on -- is it on the upper -- when you're looking
19 at the map, the upper left, kind of the back
20 corner of the lot? We have an aerial photo
21 here. Is that --
22 MS. HIPPS: Right.
23 MR. YARBOROUGH: -- on the back --
24 MS. HIPPS: Uh-huh.
25 MR. YARBOROUGH: So the access right now is
Diane M.
Tropia,
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1 off of Lola --
2 MS. HIPPS: That's right.
3 MR. YARBOROUGH: -- Drive?
4 And so this would then make it to Noroad?
5 MS. HIPPS: Exactly.
6 MR. YARBOROUGH: That's --
7 MS. HIPPS: Which is a paved, you know,
8 improved road.
9 MR. YARBOROUGH: Right.
10 MS. HIPPS: And there's -- at
11 Old Middleburg and Noroad to the east, there's a
12 brand new light there, so I just think it isn't
13 any detriment to the community at all.
14 MR. YARBOROUGH: Okay. I appreciate that.
15 Thank you.
16 MS. HIPPS: Thank you.
17 And Mr. Sills is here too if there's any
18 questions.
19 I'd appreciate your approval.
20 THE CHAIRMAN: Well, let's get back in the
21 correct posture.
22 Let's go back to Councilmember Bishop, who
23 made the original motion.
24 MR. BISHOP: Thank you, Mr. Chairman.
25 I am going to withdraw my motion. This is
Diane M. Tropia,
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1 very similar to an issue that we're experiencing
2 in my district, that we're having some serious
3 problems with. And I'm not comfortable enough
4 at this point to be supportive of it, so I'm
5 going to withdraw my motion.
6 THE CHAIRMAN: Okay. The motion has been
7 withdrawn.
8 Do I -- I have Councilmember Lee on the
9 queue.
10 MS. LEE: With all due respect to
11 Mr. Bishop, I move to grant the approval.
12 THE CHAIRMAN: Okay. I have a motion. Do
13 I have a second?
14 MS. JONES: Second.
15 THE CHAIRMAN: Motion and a second for
16 approval -- amendment to approve 2007-995.
17 Discussion on the motion, Councilwoman Lee.
18 MS. LEE: Thank you, Mr. Chairman.
19 Mr. Chairman, I, too, like Mr. Bishop, I
20 tell you, when you're a district councilperson
21 your first priority is to try to protect the
22 people in general. There are certain
23 circumstances that come before us as district
24 councilmembers that sometimes cause us to negate
25 certain things.
Diane M.
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1 I think in this instance, because there is
2 no opposition from other neighbors and there
3 obviously has been some discussions out there
4 relative to the ownership of certain pieces of
5 the property based on Ms. Hipps' testimony or
6 presentation, this seems to be a solution to
7 that particular problem.
8 I don't see any opposition in the area, and
9 usually if it is something very sensitive where
10 other neighbors are involved, usually they would
11 appear. I would not be as apt to support this
12 if there were a group of people out there. I
13 think they've been pretty forthright and
14 honest. So that's why I am moving --
15 I'm just wondering, because of the concern
16 of maybe setting a precedent, is there anything
17 that we might need to do to ensure that a
18 precedent -- that this will not be opened up
19 since that seems to be some concerns of
20 Mr. Bishop and others. Maybe that would help
21 get this through the committee.
22 So, through the Chair to the Planning
23 Department or legal, would there be something we
24 could do to get this approved with an assurance
25 to the committee members or any potential new
Diane M.
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1 neighbors -- I guess I'm saying that right --
2 that this will not open up a floodgate to
3 whatever?
4 And I would like to know from Ms. Hipps,
5 would she be amenable to that.
6 THE CHAIRMAN: Ms. Hipps, do you want to
7 answer that?
8 MS. HIPPS: Yes.
9 I can speak for Mr. Sills. Yes, we'd be
10 very amenable to that, to make sure.
11 MR. KELLY: Through the Chair to
12 Councilmember Lee, I think this situation is a
13 little bit unique in that it actually does --
14 this lot does have 38 feet of road frontage on
15 an approved public right-of-way, Noroad, and I
16 think the occurrences of the cumulative --
17 potential cumulative of detrimental effects and
18 setting a precedent would be for lots that are
19 really accessed from
20 necessarily this lot in particular because it
21 does have legal frontage on Noroad.
22 So I'll just offer that.
23 MS. LEE: So, through the Chair, does that
24 mean that you're comfortable with omitting any
25 condition or is there a particular condition you
Diane M.
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1 would want to place on it to ensure that --
2 (Mr. Kelly confers with Ms. Eller.)
3 MS. LEE: Great minds. Great minds.
4 MR. KELLY: I guess the condition being
5 specifically that the frontage is from Noroad,
6 that the property itself be accessed from
7 Noroad, and that the address be clearly posted
8 as a Noroad address up at the right-of-way for
9 emergency vehicles and responders, and also that
10 any driveway access be basically stabilized, not
11 just a dirt road but stabilized with a gravel or
12 a crushed coquina type shell, and that it
13 provide for emergency vehicles and such to get
14 back there.
15 MS. LEE: Very good.
16 And if these things occur and the committee
17 supports that, would that satisfy the Planning
18 Department's concern?
19 MR. KELLY: Yes, it does. To a great
20 extent, it does.
21 Thank you.
22 MS. LEE: Okay. Then to you, Mr. Chairman,
23 I would offer an amendment to the amendment.
24 THE CHAIRMAN: Can she do an amendment
25 to --
Diane M. Tropia,
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1 MS. ELLER: Yes.
2 MS. LEE: To include the language that I
3 cannot repeat.
4 THE CHAIRMAN: Well, you can. Go ahead.
5 MS. LEE: I don't remember it. I don't
6 remember it.
7 THE CHAIRMAN: All right. I have a motion
8 on the amendment to the amendment. Do I have a
9 second?
10 MR. YARBOROUGH: Second.
11 THE CHAIRMAN: Okay. Go ahead,
12 Councilwoman Lee.
13 MS. LEE: To the committee members, I
14 think -- based on the statement by our Planning
15 Department, I think this solves the problem.
16 And I would like to know, through the Chair
17 to Mr. Bishop, does this help ease your
18 concern?
19 MR. BISHOP: Through the Chair to
20 Councilwoman Lee, yes, it does.
21 MS. LEE: Okay. Thank you.
22 I have no other comments.
23 THE CHAIRMAN: Before I go forward, if I
24 could have Ms. Hipps come back up. We kind of
25 read the conditions. I want to make sure that
Diane M.
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1 the applicant is comfortable with the conditions
2 before we --
3 (Ms. Hipps approaches the podium.)
4 MS. HIPPS: Yes. I conferred with
5 Mr. Sills, and he is -- and he looks forward to,
6 you know, doing the conditions.
7 THE CHAIRMAN: Okay. And if you and the
8 Planning Department can get together and make
9 sure they're all written up for next Tuesday, I
10 would appreciate it.
11 MS. HIPPS: Okay. Thank you.
12 THE CHAIRMAN: I have no further speakers
13 on the amendment to the amendment. All in favor
14 of that signal by saying aye.
15 COMMITTEE MEMBERS: Aye.
16 THE CHAIRMAN: All opposed.
17 COMMITTEE MEMBERS: (No response.)
18 THE CHAIRMAN: That carries.
19 We're back on the amendment to --
20 MS. LEE: Move the bill.
21 THE CHAIRMAN: We're back on the amendment
22 to grant the waiver.
23 MS. LEE: Move the amendment.
24 THE CHAIRMAN: We still need to -- we have
25 that. We just need to see -- no discussion.
Diane M.
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1 All in favor signal by saying aye.
2 COMMITTEE MEMBERS: Aye.
3 THE CHAIRMAN: All opposed.
4 COMMITTEE MEMBERS: (No response.)
5 THE CHAIRMAN: That amendment carries.
6 Now we need a motion.
7 MR. YARBOROUGH: Move the bill as twice
8 amended.
9 MS. JONES: Second.
10 THE CHAIRMAN: We have a motion and a
11 second on 2007-995 as twice --
12 MS. ELLER: It's all one.
13 THE CHAIRMAN: -- as twice amended.
14 Okay. We're all in it together here.
15 Seeing no further discussion, open the
16 ballot and record the vote.
17 (Committee ballot opened.)
18 MR. CORRIGAN: (Votes yea.)
19 MR. YARBOROUGH: (Votes yea.)
20 MS. JONES: (Votes yea.)
21 MS. LEE: (Votes yea.)
22 MR. BISHOP: (Votes yea.)
23 (Committee ballot closed.)
24 MS. LAHMEUR: Five yeas, zero nays.
25 THE CHAIRMAN: By your action, you have
Diane M.
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1 approved 2007-995.
2 Thank you, Ms. Hipps and Mr. Sills. Thank
3 you to my permanent members and my temporary
4 member, Councilmember Bishop, for working out
5 the details on that.
6 Okay. Committee members, we are now on
7 item 40, 2007-997. We'll open that public
8 hearing.
9 Seeing no speakers, we'll close that public
10 hearing.
11 MS. LEE: Move the bill.
12 MR. YARBOROUGH: Second.
13 THE CHAIRMAN: I have a motion and a second
14 on 2007-997.
15 Seeing no discussion on the bill, open the
16 ballot and record the vote.
17 (Committee ballot opened.)
18 MR. CORRIGAN: (Votes yea.)
19 MR. YARBOROUGH: (Votes yea.)
20 MS. JONES: (Votes yea.)
21 MS. LEE: (Votes yea.)
22 MR. BISHOP: (Votes yea.)
23 (Committee ballot closed.)
24 MS. LAHMEUR: Five yeas, zero nays.
25 THE CHAIRMAN: You just approved 2007-997.
Diane M.
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1 Item 41 is 2007-1007, and it's deferred.
2 We are on the top of page 13. The
3 following items will be deferred: 2007-1008,
4 -1009, -1010, and -1011.
5 Bottom of page 13, item 46, 2007-1012.
6 MS. LEE: Move the amendment.
7 THE CHAIRMAN: Do we have a second?
8 MR. YARBOROUGH: Second.
9 THE CHAIRMAN: A motion and a second on the
10 amendment.
11 Do we have any discussion?
12 COMMITTEE MEMBERS: Seeing none, all in
13 favor signal by saying aye.
14 COMMITTEE MEMBERS: Aye.
15 THE CHAIRMAN: All opposed.
16 COMMITTEE MEMBERS: (No response.)
17 THE CHAIRMAN: The amendment carries.
18 MR. YARBOROUGH: Move to rerefer to LUZ.
19 MS. JONES: Second.
20 THE CHAIRMAN: I have a motion and a second
21 to rerefer 2007-1012 to LUZ as amended.
22 Seeing no discussion, open the ballot,
23 record the vote.
24 (Committee ballot opened.)
25 MR. CORRIGAN: (Votes yea.)
Diane M.
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1 MR. YARBOROUGH: (Votes yea.)
2 MS. JONES: (Votes yea.)
3 MS. LEE: (Votes yea.)
4 MR. BISHOP: (Votes yea.)
5 (Committee ballot closed.)
6 MS. LAHMEUR: Five yeas, zero nays.
7 THE CHAIRMAN: By your action, you have
8 approved 2007- -- you've rereferred 2007-1012 as
9 amended.
10 Committee members, we're on page 14. The
11 following items will be deferred: Starting on
12 item 47, 2007-1013, -1014, -1015, and -1016.
13 On page 15, the following items will be
14 deferred: 2007-1017, -1018, -1019, and -1020.
15 Page 16, the following items will be
16 deferred: 2007-1021, -1022, -1023, and -1024.
17 Top of page 17, item 59, 2007-1036, will be
18 deferred.
19 The following items will be second and
20 rereferred: Starting on item number 60,
21 2007-1046, -1047, -1048, and -1049.
22 On page 18, item number 64, 2007-1050, will
23 be second and rereferred.
24 On item number 65, which is 2007-1051, we
25 have a substitute.
Diane M.
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1 MR. YARBOROUGH: Move the sub.
2 MS. JONES: Second.
3 THE CHAIRMAN: I have a motion and a second
4 on the sub to -1051. All in favor of the sub
5 signal by saying aye.
6 COMMITTEE MEMBERS: Aye.
7 THE CHAIRMAN: All opposed.
8 COMMITTEE MEMBERS: (No response.)
9 THE CHAIRMAN: The substitute carries.
10 MR. YARBOROUGH: Move to rerefer.
11 MS. JONES: Second.
12 THE CHAIRMAN: I have a motion and a second
13 to read second and rerefer.
14 Seeing no discussion, open the ballot and
15 record the vote.
16 (Committee ballot opened.)
17 MR. CORRIGAN: (Votes yea.)
18 MR. YARBOROUGH: (Votes yea.)
19 MS. JONES: (Votes yea.)
20 MS. LEE: (Votes yea.)
21 MR. BISHOP: (Votes yea.)
22 (Committee ballot closed.)
23 MS. LAHMEUR: Five yeas, zero nays.
24 THE CHAIRMAN: By your action, you have
25 substituted and rereferred 2007-1051.
Diane M.
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1 Continuing with the second and rereferred:
2 Item 66, 2007-1052, -1053, -1054.
3 Page 19, all the items are second and
4 rereferred, which include -1055, -1056, -1057,
5 -1058, and -1059.
6 On page 20, all the items are second and
7 rereferred: 2007-1060, -1061, -1062, -1063, and
8 -1064.
9 On page 21, all the items will be second
10 and rereferred: 2007-1065, -1066, -1067, -1068,
11 and -1069.
12 On page 22, the following items will be
13 second and rereferred: Beginning with item 84,
14 2007-1070, -1071, and -1072.
15 Item number 87, which is 2007-1073, we have
16 an amendment.
17 MS. JONES: Move the amendment.
18 MR. YARBOROUGH: Second.
19 THE CHAIRMAN: I have a motion and a second
20 on the amendment to -1073. All in favor of the
21 amendment signal by saying aye.
22 COMMITTEE MEMBERS: Aye.
23 THE CHAIRMAN: All opposed.
24 COMMITTEE MEMBERS: (No response.)
25 THE CHAIRMAN: The amendment carries.
Diane M.
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1 MR. YARBOROUGH: Move to rerefer.
2 MS. JONES: Second.
3 THE CHAIRMAN: I have a motion and a second
4 to read second and rerefer.
5 Seeing no discussion, open the ballot,
6 record the vote.
7 (Committee ballot opened.)
8 MR. CORRIGAN: (Votes yea.)
9 MR. YARBOROUGH: (Votes yea.)
10 MS. JONES: (Votes yea.)
11 MS. LEE: (Votes yea.)
12 MR. BISHOP: (Votes yea.)
13 (Committee ballot closed.)
14 MS. LAHMEUR: Five years, zero nays.
15 THE CHAIRMAN: By your action, you just
16 then amended, second and rereferred 2007-1073.
17 Item 88 is 2007-1074, second and
18 rereferred.
19 Committee members, I welcome you to page 23
20 of our agenda. The following items will be
21 second and rereferred: 2007-1075, -1076, -1077,
22 -1078, and -1079.
23 I know that this doesn't excite you, but we
24 are already on page 24 with item -- we begin
25 with number 94, 2007-1080, and it will be second
Diane M.
Tropia,
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1 and rereferred, as well as -1083, -1084, -1085,
2 and -1086.
3 And, finally, council members, the final
4 two bills on our agenda this evening, on
5 page 25, items 99 and 100, 2007-1087 and -1088,
6 will both be second and rereferred.
7 That concludes our items on the agenda.
8 You notice through all these second
9 readings and also all the referrals that we have
10 a large number of bills that will be brought up
11 at our next committee meeting. Just for your
12 information, the November 6th and December 4th
13 meetings will both be long meetings for this
14 committee. I urge you to arrive on time if you
15 can.
16 We will be taking breaks every two hours as
17 we typically do at LUZ and --
18 MS. LEE: (Inaudible.)
19 THE CHAIRMAN: We'll be taking breaks every
20 two hours during the longer meetings so our
21 court reporter can have a chance to rest.
22 So I just wanted to give you --
23 MS. LEE: The next meeting?
24 THE CHAIRMAN: The November 6th meeting,
25 which is our next meeting, and also the December
Diane M.
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1 4th meeting, which is the semiannual land use
2 amendments. So I'm just trying to give you a
3 heads-up on both of those.
4 Is there any other business to be brought
5 before the committee?
6 COMMITTEE MEMBERS: (No response.)
7 THE CHAIRMAN: Councilmember Bishop, we
8 appreciate you sitting in tonight. That's a big
9 help. To all the staff, to my aide Dianne, to
10 everyone that came and visited, Legislative
11 Services, Diane.
12 We are adjourned.
13 (The above proceedings were adjourned at
14 6:15 p.m.)
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Diane M.
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1 C E R T I F I C A T E
2
3 STATE OF
4 COUNTY OF DUVAL :
5
6 I, Diane M. Tropia, certify that I was
7 authorized to and did stenographically report the
8 foregoing proceedings and that the transcript is a
9 true and complete record of my stenographic notes.
10 Dated this 21st day of October, 2007.
11
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14 Diane M. Tropia
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Diane M.
Tropia,