1 CITY OF
2 LAND USE AND ZONING
3 COMMITTEE
4
5
6 Proceedings held on Tuesday, October 2,
7 2007, commencing at 5:00 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 MIA JONES, Committee Member.
ART SHAD, Committee Member.
15 JACK WEBB, Committee Member.
16
ALSO PRESENT:
17
BILL BISHOP, City Council Member.
18 JOHN CROFTS, Deputy Director, Planning Dept.
SEAN KELLY, Planning and Development Dept.
19 KEN AVERY, Planning and Development Dept.
20 JESSICA STEPHENS, Legislative Assistant.
MERRIANE LAHMEUR, Legislative Assistant.
21
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22
23
24
25
Diane M.
Tropia,
2
1 P R O C E E D I N G S
2 October 2, 2007 5:00 p.m.
3 - - -
4 THE CHAIRMAN: Okay. Ladies and gentlemen,
5 I have five o'clock on my watch, so we will call
6 to order the Tuesday, October 2nd meeting of the
7 Land Use and Zoning Committee.
8 Let the record reflect that Land Use and
9 Committee members present are Councilman
10 Yarborough, he's vice chairman; I'm chairman,
11 Councilmember Michael Corrigan; Councilmember
12 Art Shad and Councilmember Jack Webb are all
13 here.
14 Also, visiting with us at this point is
15 Councilman Bill Bishop.
16 Councilman Bishop, it's always good to see
17 you.
18 We have a good agenda tonight and we'll
19 work towards going through it.
20 Mr. Bishop, are you here on a particular
21 bill?
22 MR. BISHOP: Yes, sir, Mr. Chairman. I am
23 here about two particular bills.
24 THE CHAIRMAN: Okay. We'll go ahead and
25 take those up if you would like.
Diane M.
Tropia,
3
1 MR. BISHOP: I appreciate that.
2 The first one is 2007-928, a rezoning.
3 THE CHAIRMAN: Page 12, 2007-928, and that
4 is a public hearing. We will open that public
5 hearing. I show no speakers for -928.
6 (Mr. Hainline approaches the podium.)
7 THE CHAIRMAN: Mr. Hainline.
8 AUDIENCE MEMBER: There are other speakers.
9 THE CHAIRMAN: All right. We'll start with
10 Mr. Hainline and then we'll go from there.
11 MR. HAINLINE: T.R. Hainline, 1301
12 Riverplace Boulevard, and we're the agent for
13 the applicants in 2007-928, which is a PUD
14 rezoning out at Monument and St. Johns Bluff.
15 I'm really not here to make a presentation
16 tonight. As you can see on your agenda, this
17 matter is being deferred at the request of
18 Councilman Bishop.
19 There is a community meeting which is going
20 to be held on October 11th to present to the
21 community where we are on this rezoning. It is
22 the second community meeting. There was another
23 one back in March, actually. I think it was --
24 it might have been March or April, and we've
25 worked on it a lot since then.
Diane M.
Tropia,
4
1 And I guess what I'd like to do is just let
2 you know that we have -- we did hear the
3 community's concerns at that time. We have been
4 working with the Planning Department staff and
5 with Councilman Bishop to address those
6 community concerns and our current plan, which
7 we'll present to the community on October the
8 11th, preserves more than half the site, would
9 place it in a conservation easement. And the
10 bill, as Councilman Bishop has amended it, would
11 not -- the rezoning would not become effective
12 until that portion of the property is placed in
13 a conservation easement.
14 Furthermore, we have made changes and
15 revisions to the plan to keep it consistent with
16 the concerns and ideas that were expressed at
17 that previous community meeting.
18 Again, I'll -- I think this is actually
19 scheduled to be deferred not one but two cycles
20 in order to have no votes prior to the
21 October 11 community meeting. And the Planning
22 Department also has withheld its recommendation
23 at this point. So I'll be making a full
24 presentation at that meeting, I guess, in a
25 month's time.
Diane M.
Tropia,
5
1 And with that, I'll just reserve any time
2 to respond to any comments which may be made
3 that I feel would need to be responded to. So
4 I'll reserve some rebuttal for that.
5 Thank you.
6 THE CHAIRMAN: Thank you, Mr. Hainline.
7 And for the record, he is correct that we
8 will not be taking action on this bill tonight.
9 We will finish -- we'll have this public hearing
10 and then continue it at the end.
11 We do have several other speakers. The
12 next is Lad Hawkins.
13 (Audience member approaches the podium.)
14 THE CHAIRMAN: Good evening.
15 AUDIENCE MEMBER: Good evening.
16 Lad Hawkins. I live at 1924 Holly Oaks
18 I'm the president of the Greater Arlington
19 Civic Council. This matter has come up a number
20 of times over the years, and the community feels
21 that this piece of property was established and
22 turned over to the Port Authority initially as a
23 buffer around Craig Field and that, in good
24 faith, this thing should remain trees and should
25 not be developed in commercial structures.
Diane M.
Tropia,
6
1 From a safety standpoint, it's a lot safer
2 to have trees right at the end of the runway
3 than it is to have a CVS pharmacy.
4 I'm also on the CPAC's Land Use and Zoning
5 Committee, and they have also opposed this
6 proposed PUD.
7 I urge you to vote against it.
8 Thank you.
9 THE CHAIRMAN: Thank you.
10 Our next speaker is Dianne Wiles, followed
11 by Dale Parsons.
12 (Audience member approaches the podium.)
13 THE CHAIRMAN: Good evening.
14 AUDIENCE MEMBER: Good evening.
15 My name is Dianne, and my husband and I
16 live at
17 years. Our home is right next to this parcel of
18 land.
19 I bought my home on the premise that it
20 states in the comp plan that Craig would not
21 extend the runway. Also, the 1999 public record
22 states that -- and I quote -- JPA's buffer zone
23 for aircraft flyover at
24 JAA is really giving our computer --
25 community a one-two punch with all of this.
Diane M.
Tropia,
7
1 Our community has been opposed to any
2 development on this land since at least 2002.
3 We have been patient and good neighbors when it
4 comes to the increasing air traffic that
5 continue to fly below the 500 foot minimum. It
6 is the only buffer left at the end of the runway
7 and our neighborhood. The City just took the
8 rest of the trees down on the southeast corner
9 of Monument and St. Johns Bluff for a retention
10 pond.
11 I still have questions on how this property
12 received the zero zoning it currently has.
13 After speaking with the Planning and Development
14 Department, they told me it used to have ACRI
15 zoning, which no longer exists. Planning and
16 Development informed me that they gave this
17 parcel of land CRO zoning, feeling it was an
18 appropriate zoning.
19 If this land was already developed or not
20 across the street from an airport, it would have
21 been appropriate. It should have received the
22 same zoning as the airport, PBF-3. We still do
23 not know exactly when this happened.
24 On September 26th, the City Council -- at
25 the City Council public hearing, the lawyer
Diane M.
Tropia,
8
1 representing the applicant/developer stated that
2 this development is appropriate neighborhood
3 commercial. I am not an expert, but learning a
4 little bit about zoning. How can a high traffic
5 drug store be compatible with the neighborhood
6 if it's only 120 feet away from my front door?
7 They are planning to develop -- planning to
8 put the development literally in the front and
9 backyards of our homes with very little -- homes
10 with very little or in some cases no tree
11 buffer.
12 The proposed land use is not compatible
13 with the surrounding area. It is in a
14 safety/noise zone, according to the airport. I
15 also do not believe that this development is in
16 compliance with many of FAA's guidelines.
17 I understand JAA's need to create revenue.
18 Is leasing the portion of trees protecting us
19 from the airport noise and pollution the right
20 way for JAA to create revenue?
21 With all the development surrounding the
22 airport, Craig is outgrowing its location.
23 Let's keep the airport as it is, keep the little
24 bit of trees surrounding the airport in place.
25 In closing, I would like to bring to the
Diane M.
Tropia,
9
1 attention of the committee that if this
2 development goes forward, it could devastate the
3 value of our homes. The way I see it, JAA is
4 reaching into our pockets, taking money from the
5 equity in our homes.
6 Since safety is the number one issue right
7 now at hand at JAA and
8 recommending that this application for zoning be
9 denied due to unclear deed and zoning, the
10 safety zone it is in, the close proximity of
11 residential homes to the planned development,
12 and the close proximity to the homes to the
13 planned development.
14 Please take the time to review all the
15 letters from the community and the information
16 that's been presented to you.
17 Thank you so much for your time.
18 THE CHAIRMAN: Thank you.
19 Our next speaker is Dale Parsons, followed
20 by Edwin Barnard.
21 (Audience member approaches the podium.)
22 AUDIENCE MEMBER: Good evening.
23 Dale Parsons,
24 We are opposed to this rezoning because not
25 too long ago, just since I've lived in that
Diane M.
Tropia,
10
1 area, there was an accident, and the plane went
2 down in those woods. And so it's best to keep
3 those as woods, not buildings. If there had
4 been buildings there, I have no idea what would
5 have happened with that plane and the residents
6 in that area or the buildings or businesses. So
7 we are opposed to any changes to that.
8 Thank you.
9 THE CHAIRMAN: Thank you.
10 Edwin Barnard, followed by Dave Evans.
11 (Audience member approaches the podium.)
12 THE CHAIRMAN: Good evening.
13 AUDIENCE MEMBER: Thank you.
14 In the application for the hearing, it said
15 you had to be a quasi expert in the field that
16 you'd be talking about. And having lived there
17 in Holly Oaks for 35 years, I feel I'm an expert
18 about the area. And having been in the
19 architectural, engineering, and planning
20 business for almost 50 years, I think I qualify
21 for an expert in that.
22 I sent every one of you a dissertation on
23 ten reasons why this should not be built, and
24 it's backed up with information direct from the
25 Internet and from the City of
Diane M.
Tropia,
11
1 Web sites. I also sent to you, on this
2 committee, a dissertation on the inappropriate
3 pieces missing from -- or appropriate pieces
4 that should be there for the application that,
5 to me, would make it null and void.
6 One of the things that CVS -- which is
7 supposedly the pharmacy going in there -- they
8 want to have consensus of the neighborhoods in
9 which they go into. They don't want to disturb
10 the culture.
11 The mayor has stated that he doesn't want
12 any more spot, strip zones in a lot of his
13 information. And the revised Craig comp plan,
14 which may go into effect or may not, is
15 committing the city of
16 one way or another to $139,747,867 to the year
17 2012 for the continued commitment to Craig Field
18 to support two businesses and a flight school.
19 And also in that change to the comp plan
20 it says you will be buying out residences that
21 are in the noise zone that are affected by it,
22 and I figured generally you're talking about
23 $50 million to $100 million, both ends of the
24 runway.
25 The comp plan, zoning plan, the master plan
Diane M.
Tropia,
12
1 for
2 comp plan, which just came out for -- or the
3 master plan for Craig Field shows this lot not
4 developable, and that was just published in
5 August.
6 Also, zoning signs that are supposed to go
7 up five days after the application is filed did
8 not go up for a month.
9 The letters that were sent out came out
10 after you had already heard this thing twice in
11 the LUZ. We knew nothing about it. And we hope
12 you'll take that in consideration.
13 Now, as far as the community and the
14 community meeting, no one in the community,
15 except maybe a few diehards that say you can't
16 fight City Hall, wants a development on that
17 lot. And also in communication with CVS, I'm
18 starting to get the feeling they want to go with
19 the wishes of the community.
20 Thank you.
21 THE CHAIRMAN: Thank you.
22 Our last speaker that I have a card for is
23 Dave Evans.
24 (Audience member approaches the podium.)
25 THE CHAIRMAN: Good evening.
Diane M.
Tropia,
13
1 AUDIENCE MEMBER: My name is Dave Evans. I
2 live at
3 in Holly Oaks, but I lived for 26 years adjacent
4 to this property that you're about to discuss.
5 What amazes me most is the various
6 classifications that have been given to this
7 land. I lived there for 26 years, and I don't
8 know of anyone that has ever been notified of a
9 zoning change on that parcel. It would be brand
10 new to get one at this -- it goes back through
11 the '70s and the '80s. We never did.
12 Secondly, I don't understand why the JAA
13 wants to allow a two- or three-story building,
14 as we know CVS or Walgreens are equivalent to a
15 two- or three-story building that is directly in
16 the flight path.
17 It seems to me about a year and a half ago
18 a plane almost took down BJ's, and that's got a
19 lot more clearance than -- if they come in the
20 other way, there wouldn't be a -- such a place
21 there. I think it's a hazard right in the -- in
22 the path of a runway, and I think you need to
23 think about this.
24 Thank you.
25 THE CHAIRMAN: Thank you.
Diane M.
Tropia,
14
1 That is all the speakers I have on
2 2007-928. That pubic hearing will be continued
3 and --
4 (Mr. Hainline approaches the podium.)
5 THE CHAIRMAN: Oh, T.R. I'm sorry. Would
6 you like rebuttal?
7 MR. HAINLINE: Thank you.
8 Just very briefly in rebuttal, one thing I
9 did not mention is who I'm representing when I
10 spoke up before. I'm representing the
11 applicant, which is the developer which poses to
12 do a land lease with the JAA. My applicant is
13 Equity Development. We'll all be here one month
14 from now, November 6th, when this will come
15 before the committee.
16 The only thing that I would want to make
17 clear to this committee is that this property is
18 currently zoned CRO, and there are no
19 restrictions in the chain of title for the
20 property or in any other binding document that
21 would limit development on the property, would
22 establish it as a buffer on which there can be
23 no development or anything like that. So the
24 JAA could lease to someone today to do a CRO
25 development, office, and some limited retail,
Diane M.
Tropia,
15
1 today, without any rezoning change.
2 As Councilman Bishop and as many of the
3 neighbors are well aware, what we're proposing
4 is to take, again, more than half the property,
5 place it in a preservation easement. The
6 rezoning would not become effective until the
7 preservation easement is recorded. More than
8 half the property, leaving that as a tree buffer
9 both as to our development and as to Craig
10 Field, and then only developing a small portion
11 at the corner, as I'm going to describe to you
12 on November 6th.
13 So the choice here, which the residents
14 understood from the previous community meeting
15 and we'll be discussing again on October 11, is
16 what is the best choice for the development of
17 this property given that it is currently zoned
18 CRO and that there is nothing either in the
19 title or otherwise in the record limiting
20 development.
21 I look forward to the community meeting on
22 October 11 and look forward to making a full
23 presentation to you on November the 6th.
24 Be happy to answer any questions at this
25 time.
Diane M.
Tropia,
16
1 THE CHAIRMAN: Okay. I don't have any
2 questions for you at this time --
3 MR. HAINLINE: Thank you.
4 THE CHAIRMAN: -- but Councilman Yarborough
5 has a statement.
6 MR. YARBOROUGH: I just want to make one
7 comment. Maybe Mr. Bishop would like to say
8 what time and where the location of the
9 community meeting will be for the -- for this
10 item.
11 MR. BISHOP: Sure.
12 Through the Chair, the committee meeting --
13 the community meeting will be at 6:30 on October
14 the 11th, Thursday, at the Police Athletic
15 League building at Ed Austin Park.
16 THE CHAIRMAN: Okay. Thank you, Councilman
17 Bishop.
18 Do you have another bill? Is that --
19 MR. BISHOP: Yes, Mr. Chairman.
20 The other bill that I'm here for is
21 2007-984, which is, in many respects, related to
22 the one we just heard.
23 THE CHAIRMAN: Okay. That bill is
24 scheduled to be deferred. There will be no
25 public hearing or discussion on that bill
Diane M. Tropia, P.O. Box 2375, Jacksonville, Fl 32203
17
1 tonight.
2 MR. BISHOP: Very good.
3 THE CHAIRMAN: Thank you.
4 MR. BISHOP: Thank you.
5 THE CHAIRMAN: Appreciate it. You're
6 welcome to stay as long as you want.
7 Are there any other special requests to be
8 taken up before we get back to the regular
9 agenda?
10 Seeing none, let's go back to page 2, the
11 beginning, and go through our agenda.
12 Item 1, 2005-718. We'll open that public
13 hearing. We have one speaker, Mike Miller.
14 (Mr. Miller approaches the podium.)
15 THE CHAIRMAN: Mr. Mike Miller.
16 MR. MILLER: Mike Miller. I reside at JTA,
17 it seems, 100 North Myrtle, Jacksonville.
18 Mr. Chairman and members of the committee,
19 I thank you very much for allowing me to speak
20 to this bill, 2005-718.
21 As many of you know, this bill has been
22 around quite a long time, and I appreciate that
23 LUZ will be taking a look at this bill. And I
24 do have a couple of points, however, that I did
25 want to bring to your attention.
Diane M. Tropia, P.O. Box 2375, Jacksonville, Fl 32203
18
1 First, as many of you may know, we are
2 currently having discussions that are still
3 being held with parties who feel that an
4 adopt-a-stop or adopt-a-shelter program may help
5 us achieve our goals.
6 Our goal, of course, is adding more
7 shelters to our routes and responding to one of
8 the top three issues that are faced by both
9 users and nonusers alike, which is improved
10 amenities at bus stops so that people have
11 shelter from the heat that we have and, of
12 course, the rain that we've had in the last
13 three days. If you could drive around and see
14 some of our riders who are sitting in the rain
15 waiting for a bus to show, it lets you know just
16 how desperately needed more shelters are.
17 We are actively speaking to those parties
18 to see if there is a way that we can come up
19 with some kind of a compromise that would be
20 able to help us with those objectives.
21 Also would like the committee to know that
22 JTA is very sensitive to the concerns that ads
23 could contribute to visual pollution in our
24 community. Our board of directors takes a very
25 active role in monitoring the types of
Diane M. Tropia, P.O. Box 2375, Jacksonville, Fl 32203
19
1 advertising we would accept with community
2 standards always in mind.
3 Our board has also adopted strict policies,
4 limiting the kind of advertising that's allowed
5 on our buses already, and those same strict
6 policies would be adhered to when it would come
7 to allowing advertising on shelters as well.
8 On the legal front, we feel very confident
9 that the request for a waiver would not open the
10 door to legal challenges from commercial outdoor
11 advertising companies as some have alleged. And
12 as evidence of that, there have been no legal
13 challenges, to my knowledge, for the waivers
14 that have been approved for off-site advertising
15 at City-owned facilities, such as the baseball
16 grounds of Jacksonville, municipal stadium, as
17 well as the pole lights that you have seen up
18 and down our city streets which promote such
19 things as commercial shows that are going on at
20 City facilities. These would be JTA facilities,
21 government facilities, owned by the people of
22 Jacksonville.
23 And, finally, I'd like to end my
24 presentation, if you will, with one quote which
25 comes from the planning and -- planning and
Diane M. Tropia, P.O. Box 2375, Jacksonville, Fl 32203
20
1 zoning department or the Planning Commission I
2 should say, and that is this:
3 "Based upon examination of the proposed
4 ordinance's objectives with respect to the
5 goals, objectives, and policies of the 2010
6 comprehensive plan and the intent of the zoning
7 code, the Planning and Development Department
8 finds that ordinance 2005-718 is consistent with
9 the comprehensive plan.
10 "The Planning and Development Department
11 also finds that the ordinance 2005-718 promotes
12 and furthers the intent and purpose of the
13 zoning code as it relates to promoting the
14 public health, the public safety, welfare, and
15 morals of our community."
16 Therefore, your Planning and Development
17 group recommends that -- their recommendation,
18 the Planning and Development Department, that
19 ordinance 2005-718 be adopted.
20 And with that, I thank you very much, and
21 I'm open to any questions you might have.
22 THE CHAIRMAN: Thank you.
23 Seeing no questions, we will continue that
24 public hearing with no further action.
25 Item 2, 2005-1161, is deferred. Item 3,
Diane M. Tropia, P.O. Box 2375, Jacksonville, Fl 32203
21
1 2005-1228, is deferred.
2 Page 3. Item 4, 2005-1399, is deferred.
3 Item 5, 2006-24, is deferred.
4 Item 6, 2006-220. We will open that public
5 hearing.
6 Seeing no speakers, we will close that
7 public hearing.
8 Item 7, 2006-360. We will open that public
9 hearing.
10 Seeing no speakers, we will continue that
11 public hearing to December the 4th with no
12 further action.
13 Committee members, we're on the top of
14 page 4. Item 8, 2006-520, is deferred.
15 Item 9, 2006-658. We will open that public
16 hearing.
17 Seeing no speakers, we will continue that
18 public hearing until December 4th with no
19 further action.
20 Item 10 and 11 are companion bills. Item
21 10, 2006-869, is deferred, and 2007-33 is
22 deferred.
23 Top of page 5. Item 12, 2007-144. We will
24 open that public hearing.
25 Seeing no speakers, we'll continue that
Diane M. Tropia, P.O. Box 2375, Jacksonville, Fl 32203
22
1 public hearing with no further action.
2 Item 13, 2007-145. We'll open that public
3 hearing.
4 Seeing no speakers, we'll continue that
5 public hearing with no further action.
6 Item 14, 2007-190. We'll open that public
7 hearing.
8 Seeing no speakers, we will continue that
9 public hearing with no further action.
10 Bottom of page 5. Item 15, 2007-261. We
11 will open that public hearing. We have one
12 speaker, Jennifer Hewett-Apperson.
13 (Audience member approaches the podium.)
14 THE CHAIRMAN: Good evening.
15 AUDIENCE MEMBER: Good evening.
16 Jennifer Hewett-Apperson, 13901 Sutton Park
17 Drive South, Suite 200, on behalf of the
18 applicant.
19 With regard to this application, we are in
20 agreement with five of the staff's six
21 recommendations on this particular planned unit
22 development. We would -- I respectfully ask
23 that this commission remove condition number 6,
24 which requires a 25-foot building setback along
25 the north property line.
Diane M. Tropia, P.O. Box 2375, Jacksonville, Fl 32203
23
1 The written description for this PUD
2 provides for a 10-foot uncomplementary use
3 buffer in addition to a 10-foot building setback
4 for a total of 20 feet of required building
5 setback, which we feel is sufficient to mitigate
6 any impacts between this property and the
7 adjacent residential properties to the north.
8 I would also note that the 10-foot
9 rear yard setback requested in the written
10 description is consistent with the required rear
11 setback in the CCG-1 zoning district as
12 effective at the time of this application's
13 filing.
14 The larger 15-foot setback that was
15 requested by staff, in addition to the 10-foot
16 uncomplementary use buffer for a total of
17 25 feet, is now required by subpart C, part 3,
18 as amended by 2007-704.
19 This ordinance was enacted only two weeks
20 ago and was introduced after this PUD
21 application was filed and introduced at
22 council. Essentially the rules were changed
23 later -- late in our process, and we would ask
24 that the rules that we were playing under at the
25 time of our application be considered.
Diane M. Tropia, P.O. Box 2375, Jacksonville, Fl 32203
24
1 I am here for any -- here to answer any
2 questions you may have.
3 THE CHAIRMAN: Okay. Thank you very much.
4 I don't see any questions for the speaker,
5 so we will close that public hearing.
6 We'll go to the Planning Department.
7 MR. CROFTS: I will be -- well, we're not
8 in a posture to move the amendment, but --
9 okay. Move the amendment and then I'll read the
10 conditions.
11 MR. YARBOROUGH: Move the amendment.
12 THE CHAIRMAN: Do I have a second on the
13 amendment?
14 MR. SHAD: Second.
15 THE CHAIRMAN: I have a motion and a second
16 on the amendment.
17 Thank you, Mr. Crofts.
18 MR. CROFTS: Yes, sir.
19 The amendment consists of the following
20 conditions:
21 Number 1, "The developer shall be subject
22 to the revised legal description dated August
23 28th, 2007.
24 Number 2, "The developer shall be subject
25 to the revised written description dated August
Diane M. Tropia, P.O. Box 2375, Jacksonville, Fl 32203
25
1 28th, 2007.
2 Number 3, "The developer shall be subject
3 to the original site plan dated January 31st,
4 2007.
5 Number 4, "The developer shall make
6 transportation improvements in accordance with
7 the City of Jacksonville Traffic Engineering" --
8 "pursuant to their memorandum dated March 29,
9 2007, or as otherwise approved by the Traffic
10 Engineering Division and the Planning and
11 Development Department.
12 Condition number 5, "Development of this
13 property shall proceed in accordance with
14 part 10 of the zoning code.
15 Number 6 and finally is the condition of
16 contention here, and that -- our condition is
17 that, "There shall be a 25-foot building setback
18 along the north property line."
19 That's it.
20 THE CHAIRMAN: Okay. If I could, to
21 Mr. Crofts. I guess, Ms. Apperson, when she
22 spoke, was objectionable to that. Why is that
23 added? Why has that been added at this point
24 and what is the rationale for that?
25 MR. CROFTS: Through the Chair -- to the
Diane M. Tropia, P.O. Box 2375, Jacksonville, Fl 32203
26
1 Chair, as it was brought up previously, our
2 current standard with regard to relationships
3 between commercial activity, which potentially
4 this PUD has, and the residential behind it,
5 which in this case is directly to the north,
6 which is single-family, this -- the attribute of
7 our standard relates, again, to the current
8 standards that we're operating under. We're
9 applying basically the standards that we now
10 have in our zoning code.
11 THE CHAIRMAN: Okay. If I could go to
12 Ms. Eller.
13 Refresh my memory. If we put a condition
14 on and the applicant doesn't agree to the
15 condition, where are we legally in that?
16 MS. ELLER: The committee may pass any
17 conditions that they choose. If the applicant
18 doesn't agree with it, ultimately, when it
19 passes council, they'll have a claim against the
20 City and they can take it -- take you to court.
21 Typically, we like to work it out so that
22 way when you do move it forward everybody is on
23 the same page, but we've imposed conditions upon
24 applicants in the past that they haven't agreed
25 to and then we've ended up having the
Diane M. Tropia, P.O. Box 2375, Jacksonville, Fl 32203
27
1 application withdrawn or we've actually been
2 sued and we've worked it out in court.
3 THE CHAIRMAN: Well, I tend to support the
4 Planning Department on this because of the
5 residential nature behind it, so I support the
6 amendment as presented. As the district
7 councilperson, I support the amendment as moved
8 by this committee, so . . .
9 Councilmember Yarborough.
10 MR. YARBOROUGH: Thank you, Mr. Chairman.
11 It's more of, I guess, just a housekeeping
12 measure. I think condition 4, it says the
13 Traffic Engineering memorandum. It's actually
14 dated March 26th, not March 29th. So not to
15 nit-pick it, but I just wanted to make sure the
16 date was right on that. I think it says the
17 26th. We just need to make that correction if
18 that's correct.
19 Thank you.
20 MR. CROFTS: Through the chair, that is
21 correct.
22 THE CHAIRMAN: Okay. And, Ms. Apperson,
23 you're okay with that too, correct?
24 MS. HEWETT-APPERSON: Yes.
25 THE CHAIRMAN: Okay. Thank you, Councilman
Diane M. Tropia, P.O. Box 2375, Jacksonville, Fl 32203
28
1 Yarborough. Appreciate that.
2 I don't have any other discussion. All in
3 favor of the amendment signal by saying aye.
4 COMMITTEE MEMBERS: Aye.
5 THE CHAIRMAN: All opposed.
6 COMMITTEE MEMBERS: (No response.)
7 THE CHAIRMAN: Amendment carries.
8 MR. YARBOROUGH: Move the bill as amended.
9 MR. SHAD: Second.
10 THE CHAIRMAN: Motion and second on
11 2007-261 as amended.
12 Seeing no discussion, open the ballot and
13 record the vote.
14 (Committee ballot opened.)
15 MR. CORRIGAN: (Votes yea.)
16 MR. YARBOROUGH: (Votes yea.)
17 MR. SHAD: (Votes yea.)
18 MR. WEBB: (Votes yea.)
19 (Committee ballot closed.)
20 MS. LAHMEUR: Four yeas, zero nays.
21 THE CHAIRMAN: By your action, you have
22 approved 2007-261.
23 Thank you.
24 MS. HEWETT-APPERSON: Thank you.
25 THE CHAIRMAN: Committee members, we're on
Diane M. Tropia, P.O. Box 2375, Jacksonville, Fl 32203
29
1 top of page 7 [sic], 2007-384. That item is
2 deferred.
3 Item 17 2007-443. We will open that public
4 hearing.
5 Seeing no speakers, we'll continue that
6 public hearing with no further action.
7 Item 18, 2007-566, is deferred. 2007-578
8 is deferred.
9 Turn to page 7, top of the page. 2007-581
10 is deferred.
11 Item 21, 2007-659. We'll open that public
12 hearing.
13 Seeing no speakers, we'll continue that
14 public hearing with no further action.
15 Item 22, 2007-662. We'll open that public
16 hearing.
17 Seeing no speakers, we'll continue that
18 public hearing with no further action.
19 Item 23, 2007-803, is deferred.
20 Item 24 on the top of page 8, 2007-806.
21 We'll open that public hearing.
22 Seeing no speakers, we'll continue that
23 public hearing with no further action.
24 Item 25, 2007-810. We will open that
25 public hearing. We have a speaker, Randy
Diane M. Tropia, P.O. Box 2375, Jacksonville, Fl 32203
30
1 Taylor.
2 If you could please come forward.
3 (Audience member approaches the podium.)
4 THE CHAIRMAN: Good evening.
5 AUDIENCE MEMBER: Good evening, ladies and
6 gentlemen.
7 Randy Taylor --
8 THE CHAIRMAN: Randy, hang on one second.
9 Before you start, I actually need to
10 declare ex-parte communications this afternoon
11 with Mr. Taylor. Immediately following the
12 agenda meeting, we discussed conditions on this
13 project.
14 Go ahead, Mr. Taylor.
15 MR. TAYLOR: Great.
16 Randy Taylor, 4162 St. Augustine Road.
17 Yes. Just wanted to touch base. I wanted
18 to elaborate a little bit on the specifications
19 for the sign we're proposing. It is an
20 electronic message board. It's an electronic
21 reader board, LED.
22 There are two types of boards. There is an
23 RGB, which is a full-color board, such as a Mike
24 Davidson board -- Mike Davidson Ford on
25 Atlantic, and then there's the other board which
Diane M. Tropia, P.O. Box 2375, Jacksonville, Fl 32203
31
1 is a monochrome. Monochromes are offered in two
2 colors, which would be a red or an amber.
3 The full-color board is basically the
4 brightest of all the boards. Monochrome boards
5 are basically informational and they do have
6 animation.
7 The red boards, which you see at Walgreens,
8 CVS, they are typically an advertising type
9 vehicle, which are the brightest of the two.
10 An amber board is a -- which is used
11 basically by the DOT, is more informational as
12 opposed to advertising types. There's a -- kind
13 of a public service.
14 The church is looking at this because what
15 they do is -- they do have a lot of public
16 services they offer. They do have a day school
17 three days a week. They have a lot of
18 information on that with cancellation procedures
19 and such. They have a homeless -- called Family
20 Promise, which the homeless can come in and
21 spend a week with some of the church
22 congregation. Anger management classes, they
23 have a couple of those at night.
24 They have a separate night for women and
25 children, so they need to get the message out
Diane M. Tropia, P.O. Box 2375, Jacksonville, Fl 32203
32
1 to let them know which nights those are.
2 Alcohol anonymous [sic], Boy Scouts,
3 Girl Scouts. They do a couple of HabiJax each
4 year. So they do try to get those messages
5 out.
6 LEDs are a good vehicle for public
7 messages. And also if there's an amber alert,
8 those kind of messages can be put up quickly and
9 efficiently for the public to notice on their
10 way in -- going and coming from work.
11 There's a lot of good things. There's
12 obviously a lot of bad things if they're put in
13 the wrong area and you get a full-color board,
14 it does, you know, bring down the degree of that
15 area, but the -- the intent of this one here is
16 to basically be -- it's more of a public
17 service, informational type vehicle to the
18 public.
19 I think the community would be benefited,
20 and if there's any questions or anything, I
21 would be glad to answer them at this time.
22 THE CHAIRMAN: Thank you, Mr. Taylor.
23 I don't have any questions. Other
24 committee members -- I know I met -- I declared
25 here before that I met with the parish --
Diane M. Tropia, P.O. Box 2375, Jacksonville, Fl 32203
33
1 counsel of the church, and I also spoke to
2 Mr. Taylor, and I had some concerns over what we
3 did, but let me close the public hearing and get
4 in the proper posture and we'll get into a
5 discussion about the conditions after that.
6 So seeing no questions, we'll close that
7 public hearing.
8 Do we have a motion on the amendment?
9 MR. SHAD: Move the amendment to grant the
10 waiver.
11 THE CHAIRMAN: Okay. Do I have a second?
12 MR. YARBOROUGH: Second.
13 THE CHAIRMAN: I have a motion and a
14 second.
15 If I can go to Planning. Mr. Crofts,
16 please.
17 MR. CROFTS: By way of background, I would
18 say that out of sensitivity and concern for the
19 beauty and the purity of this corridor, I would
20 bring the committee's attention to the fact that
21 we approved this particular sign waiver, which I
22 understand now is strictly for the reduction,
23 the minimum of 20 feet to 10 feet. The other
24 minimum distance between the two signs, the
25 existing sign and the proposed sign, will not be
Diane M. Tropia, P.O. Box 2375, Jacksonville, Fl 32203
34
1 in play.
2 But anyway, we recommended approval --
3 actually, approval with conditions, and the
4 condition was originally that it did not include
5 any electronic message board due, again, to the
6 sensitivity on that particular corridor.
7 We did like the design of the sign and the
8 appearance of the sign and it seemed to blend,
9 it seemed to -- actually, probably an
10 improvement to that particular -- over the
11 existing sign.
12 But because of the potential here of using
13 some new technology, I have actually drafted a
14 new condition that I'm presenting for your
15 consideration, the committee's consideration,
16 that -- in an attempt -- is an attempt to be
17 very restrictive to the application of this new
18 technology because, obviously, it's going to set
19 a very -- a pretty strong precedent in the city
20 of Jacksonville, not only along this corridor
21 for other churches and other similar uses, and
22 so --
23 The issues of the frequency, if you -- if I
24 could read my condition, try to explain it, I'd
25 like to do that at this time.
Diane M. Tropia, P.O. Box 2375, Jacksonville, Fl 32203
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1 By saying that the sign as presented and
2 designed in the application for the sign waiver
3 shall contain a nonanimated text only -- in
4 other words, this will be strictly text
5 letters. It would be just like a regular sign,
6 but it would be shown technologically. There
7 would not be animation, movement or change to
8 the sign.
9 And talking in terms of the next term, a
10 nonanimated, text only, amber monochrome
11 electronic message board, an amber monochrome
12 electronic message board is the least bright
13 type of electronic sign that exists that FDOT
14 utilizes. As indicated by the applicant, there
15 are several different classifications of reader
16 boards. In this particular case, we're talking
17 only about the amber color, not a monochrome or
18 a red or an amber or red, green, and blue,
19 full-color message board. And that would
20 restrict the brightness and fluctuation of the
21 sign.
22 And then, lastly, in respect to -- again, I
23 think the sensitivity to this corridor and the
24 presentation of this type of sign, that it shall
25 be limited only to text messages -- I mean,
Diane M. Tropia, P.O. Box 2375, Jacksonville, Fl 32203
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1 static messages, I'm sorry. Static messages.
2 In other words, no scrolling or changing
3 messages.
4 And, finally, I put a restriction on it and
5 say that -- and the message may change only
6 twice in a 24-hour period. Again, this was an
7 attempt to try to restrict as great as possible,
8 with sensitivity to the corridor, the use of the
9 electronic technology, but to restrict the
10 lightness, the type of message, and the
11 frequency of the message.
12 THE CHAIRMAN: Mr. Taylor, if I can get
13 your feedback on the condition as read by
14 Mr. Crofts.
15 MR. TAYLOR: I spoke with the church.
16 They -- the first two conditions they have no
17 problem with, the static message and text only,
18 because their purpose is not to advertise.
19 Obviously, they are -- they are basically for
20 informational purposes. So, therefore, the
21 first two conditions they're fine with.
22 With all the special services that they do
23 offer, with the day school and the anger
24 management and the homeless and that, they do
25 feel that they would be kind of somewhat
Diane M. Tropia, P.O. Box 2375, Jacksonville, Fl 32203
37
1 restricted by two messages a day. They weren't
2 opposed to maybe four, if they could just change
3 that, because of the different things they
4 offer. They feel that there's so many things
5 they offer that two would limit them to what
6 they could offer the public.
7 So if they could have four, they would be
8 fine with that. There wouldn't be any problem.
9 Like I say, the other two conditions --
10 they're not an advertising type institution, so
11 they're not looking to do that. It's more
12 informational. So they just felt that if they
13 were restricted to two and they had a third
14 event, that would be hurting them in -- in
15 trying to convey what they're trying to do
16 here.
17 So, like I say, everything else is fine.
18 THE CHAIRMAN: Okay. I've got
19 Mr. Yarborough and Mr. Shad -- Councilmember
20 Yarborough and Councilmember Shad, excuse me.
21 MR. YARBOROUGH: That's okay. Thank you,
22 Mr. Chairman.
23 I just wanted to ask staff -- Mr. Taylor
24 gave us a handout that had Kernan Boulevard
25 Baptist Church's sign and also Arlington Baptist
Diane M. Tropia, P.O. Box 2375, Jacksonville, Fl 32203
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1 Church's sign that I believe are animated text
2 and --
3 MR. TAYLOR: Correct.
4 MR. YARBOROUGH: -- messages and things.
5 Did we have to do any type of a waiver or
6 exception or any -- for those particular signs?
7 Can you speak to the history of those a little
8 bit?
9 MR. TAYLOR: I know the Arlington -- I hate
10 to interject. The Arlington, I did that sign.
11 There wasn't any zoning waiver. Their zoning
12 allowed the sign.
13 MR. YARBOROUGH: Okay. Sean.
14 MR. KELLY: Through the Chair to Councilman
15 Yarborough, they were not subject to a sign
16 waiver application. They -- basically, the
17 electronic message device was -- is permitted by
18 right, but the department felt that in
19 conjunction with the request to reduce the
20 setback that it could have adverse effects on
21 the corridor.
22 MR. YARBOROUGH: For this one that we're
23 talking about today?
24 MR. KELLY: Correct.
25 MR. YARBOROUGH: Okay.
Diane M. Tropia, P.O. Box 2375, Jacksonville, Fl 32203
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1 THE CHAIRMAN: And this is in my district,
2 and for full disclosure, if they were not asking
3 for the setback, they would not have to be -- we
4 would not be having this discussion; they could
5 put up whatever electronic sign they want. It's
6 the fact that they're asking for permission to
7 put it closer to the street, that gets us the
8 ability to condition it.
9 MR. YARBOROUGH: Okay. Thanks.
10 THE CHAIRMAN: Councilmember Shad.
11 MR. SHAD: Thank you.
12 Through the Chair to the staff. I was just
13 curious. If you have more than one message,
14 will one just be up for like every ten seconds?
15 Will it change between messages or -- is that
16 even addressed, how often the message would
17 change?
18 MR. TAYLOR: Yes.
19 MR. SHAD: So it's not scrolling. So
20 instead of scrolling, it's going to flip --
21 MR. TAYLOR: That was the third condition,
22 as far as how many messages we could put up a
23 day --
24 MR. SHAD: How often do you normally? It
25 is every ten seconds or --
Diane M. Tropia, P.O. Box 2375, Jacksonville, Fl 32203
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1 MR. TAYLOR: Usually about every 12 seconds
2 is the norm for most LED message boards. And
3 most of them aren't restricted, as Councilman
4 Corrigan mentioned.
5 They can have an LED in this corridor if
6 they want to. They'd have to meet the 20-foot
7 setback, but they are willing to work with us.
8 They feel that where -- the 20-foot setback
9 would put them in their courtyard, which would
10 not do them any good, so . . .
11 They're willing to accept the terms, but
12 being limited to two would be a little too
13 restrictive as far as -- as many different
14 things they offer, they feel that four would be
15 a compromise.
16 MR. SHAD: Okay. I was just curious.
17 Thanks.
18 THE CHAIRMAN: Okay. I'll get feedback
19 on -- going from two to four, I can support that
20 in the amendment. We actually need to do an
21 amendment to include this condition anyway, so
22 as we do it, we -- I would support that as the
23 district councilperson.
24 My concern is -- and I appreciate the
25 Planning Department's diligence on this.
Diane M. Tropia, P.O. Box 2375, Jacksonville, Fl 32203
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1 This is not a retail corridor at all. This
2 is a -- really a very dark area at night, and
3 this is going to have a significant impact. And
4 I appreciate Mr. Taylor working with me, trying
5 to come up with a -- with language that we can
6 put in to protect -- I don't believe it's the
7 current sign we're going to put up that we're
8 worried about; it's future signs in other areas
9 in town that we're going to deal with. And I
10 think that as we look at, you know, improving
11 our sign laws to make them clear and easy to
12 understand, we need to look at this type of
13 situation and make sure that we give people
14 clear parameters to work on because we really
15 don't have -- at this point.
16 I reluctantly support this advocation.
17 They need to upgrade what they have, but we need
18 to be careful we don't negatively affect the
19 neighborhood as we do it. And as I told the
20 church when I met with them, that -- the
21 feedback on this project is not going to come
22 during this part of the process. The feedback
23 is going to come the first time they turn it
24 on. And they're going to get far more calls at
25 the church than I'm going to get at my office,
Diane M. Tropia, P.O. Box 2375, Jacksonville, Fl 32203
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1 but both of us are going to receive a lot of
2 calls about it. So that's why we've been trying
3 to work to make it compatible with the church
4 and with the existing neighborhood.
5 Having said that, I would entertain a
6 motion to amend and include this condition in
7 our recommendation.
8 MR. YARBOROUGH: (Inaudible.)
9 THE CHAIRMAN: Yeah, change it from two to
10 four. We already have a condition -- well, I
11 guess -- how do we need to handle that?
12 MS. ELLER: Move the amendment to grant the
13 waiver with that condition.
14 MR. SHAD: So moved.
15 MR. WEBB: Second.
16 THE CHAIRMAN: I have a motion and a second
17 on the amendment.
18 Mr. Taylor, you agree?
19 MR. TAYLOR: Yes, I do, sir.
20 THE CHAIRMAN: Okay. Seeing no discussion,
21 all in favor of the amendment signal by saying
22 aye.
23 COMMITTEE MEMBERS: Aye.
24 THE CHAIRMAN: All opposed.
25 COMMITTEE MEMBERS: (No response.)
Diane M. Tropia, P.O. Box 2375, Jacksonville, Fl 32203
43
1 THE CHAIRMAN: The amendment carries.
2 MR. WEBB: Move the bill.
3 MR. SHAD: Second.
4 THE CHAIRMAN: I have a motion and a second
5 on 2007-810 as amended.
6 Seeing no discussion, open the ballot and
7 record the vote.
8 (Committee ballot opened.)
9 MR. CORRIGAN: (Votes yea.)
10 MR. YARBOROUGH: (Votes yea.)
11 MR. SHAD: (Votes yea.)
12 MR. WEBB: (Votes yea.)
13 (Committee ballot closed.)
14 MS. LAHMEUR: Four yeas, zero nays.
15 THE CHAIRMAN: By your action, you have
16 approved 2007-810.
17 Thank you.
18 MR. TAYLOR: Thank you very much.
19 Appreciate your time.
20 THE CHAIRMAN: Okay. Committee members,
21 we're on item 26 now. 2007-835 will be
22 deferred, but it's been discussed in the past.
23 This now will be coming to us on October the
24 16th for a public hearing and possible action.
25 Item 27, 2007-845. We will open that
Diane M. Tropia, P.O. Box 2375, Jacksonville, Fl 32203
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1 public hearing.
2 Seeing no speakers -- I know your agenda
3 may be marked that we're going to close and
4 amend and rerefer, but we're just going to
5 continue with no further action tonight.
6 On page 9, item 28, 2007-847. We will open
7 that public hearing.
8 Seeing no speakers, we'll continue that
9 public hearing with no further action.
10 Item 29, 2007-852. We will open that
11 public hearing.
12 Seeing no speakers, we'll close that public
13 hearing.
14 MR. SHAD: Move to withdraw with return of
15 fees.
16 THE CHAIRMAN: I have a motion to withdraw
17 with return of fees.
18 MR. YARBOROUGH: Second.
19 THE CHAIRMAN: I have a second.
20 We'll go to the planning Department.
21 MR. CROFTS: We have no objection, as we
22 indicated at the agenda meeting, to the council
23 committee's request to withdraw with fees.
24 THE CHAIRMAN: Okay. Seeing no discussion,
25 open the ballot, record the vote.
Diane M. Tropia, P.O. Box 2375, Jacksonville, Fl 32203
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1 (Committee ballot opened.)
2 MR. CORRIGAN: (Votes yea.)
3 MR. YARBOROUGH: (Votes yea.)
4 MR. SHAD: (Votes yea.)
5 MR. WEBB: (Votes yea.)
6 (Committee ballot closed.)
7 MS. LAHMEUR: Four yeas, zero nays.
8 THE CHAIRMAN: By your action, you have
9 withdrawn 2007-852.
10 Item 30 and 31 are companions. 2007-854,
11 we'll open that public hearing. We have Greg
12 Kupperman.
13 (Mr. Kupperman approaches the podium.)
14 MR. KUPPERMAN: Greg Kupperman, 200, First
15 Street, Neptune Beach, Florida.
16 I'll go ahead and use my comments for both
17 of these. We have not had any opposition at all
18 up to this point in time with our review of
19 this. I've worked closely with the planning
20 staff on the land use amendment and the
21 rezoning. I agree to all the conditions that
22 have been placed as part of the PUD. I just
23 wish you would review and consider the
24 substantial competent evidence provided in the
25 Planning Department report and recommend
Diane M. Tropia, P.O. Box 2375, Jacksonville, Fl 32203
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1 approval.
2 I'll be glad to answer any questions.
3 THE CHAIRMAN: All right. Thank you,
4 Mr. Kupperman.
5 I don't see any questions, so we will close
6 that public hearing.
7 I'll entertain a motion.
8 MR. WEBB: Move the bill.
9 MR. SHAD: Second.
10 THE CHAIRMAN: Motion and a second on
11 2007-854.
12 Seeing no discussion, open the ballot,
13 record the vote.
14 (Committee ballot opened.)
15 MR. CORRIGAN: (Votes yea.)
16 MR. YARBOROUGH: (Votes yea.)
17 MR. SHAD: (Votes yea.)
18 MR. WEBB: (Votes yea.)
19 (Committee ballot closed.)
20 MS. LAHMEUR: Four yeas, zero nays.
21 THE CHAIRMAN: By your action, you have
22 approved 2007-854.
23 Item 31, 2007-855. Open that public
24 hearing. Mr. Kupperman is still at the podium.
25 MR. KUPPERMAN: Greg Kupperman, 200 First
Diane M. Tropia, P.O. Box 2375, Jacksonville, Fl 32203
47
1 Street, Neptune Beach.
2 Same comments as before apply to this
3 rezoning as well.
4 THE CHAIRMAN: All right. Seeing no
5 questions for Mr. Kupperman, we'll close that
6 public hearing.
7 MR. YARBOROUGH: Move the amendment.
8 MR. SHAD: Second.
9 THE CHAIRMAN: I have a motion and a second
10 on the amendment, 2007-855.
11 Let's go to the Planning Department and
12 hear that amendment.
13 MR. CROFTS: The amendments is as follows,
14 Mr. Chairman and committee members:
15 Condition number 1, "The development shall
16 be subject to the original legal description
17 dated July 30th, 2007.
18 Number 2, "The development shall be subject
19 to the original written description dated July
20 26th, 2007.
21 Number 3, "The development shall be subject
22 to the original site plan dated July 9th, 2007.
23 Condition number 4, "The development shall
24 be subject to the review and approval of the
25 Department of Public Works Traffic Engineering
Diane M. Tropia, P.O. Box 2375, Jacksonville, Fl 32203
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1 Division pursuant to their memorandum dated
2 September 7, 2007, and the Transportation
3 Planning Division's memorandum dated September
4 14th, 2007, or as otherwise approved by the
5 Traffic Engineering Division and the Planning
6 and Development Department.
7 Condition number 5, "Outside storage will
8 not be allowed even through the exception
9 process.
10 Number 6, "The subject property may be
11 subdivided by area, number of potential sites
12 and phases in order to develop the site in its
13 entirety; however, such subdivision is subject
14 to the review and approval of the Planning and
15 Development Department through the PUD
16 verification process."
17 That's it.
18 THE CHAIRMAN: All right. Mr. Kupperman,
19 do you agree with all those conditions?
20 MR. KUPPERMAN: Yes, sir.
21 THE CHAIRMAN: All right. Thank you very
22 much.
23 MR. WEBB: Move the bill as amended.
24 THE CHAIRMAN: We're still on the
25 amendment.
Diane M. Tropia, P.O. Box 2375, Jacksonville, Fl 32203
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1 All in favor of the amendment signal by
2 saying aye.
3 COMMITTEE MEMBERS: Aye.
4 THE CHAIRMAN: All opposed.
5 COMMITTEE MEMBERS: (No response.)
6 THE CHAIRMAN: The amendment carries.
7 MR. WEBB: Move the bill as amended.
8 MR. YARBOROUGH: Second.
9 THE CHAIRMAN: I have a motion and a second
10 on 2007-855 as amended.
11 I see no discussion, so let's open the
12 ballot, record the vote.
13 (Committee ballot opened.)
14 MR. CORRIGAN: (Votes yea.)
15 MR. YARBOROUGH: (Votes yea.)
16 MR. SHAD: (Votes yea.)
17 MR. WEBB: (Votes yea.)
18 (Committee ballot closed.)
19 MS. LAHMEUR: Four yeas, zero nays.
20 THE CHAIRMAN: By your action, you have
21 approved 2007-855.
22 Thank you.
23 MR. KUPPERMAN: Thank you.
24 THE CHAIRMAN: Top of page 11, item 36 and
25 37 are companion bills. 2007-860, we'll open
Diane M. Tropia, P.O. Box 2375, Jacksonville, Fl 32203
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1 that public hearing.
2 Page 10. Sorry about that.
3 We're on 2007-856. Open the public
4 hearing.
5 Seeing no speakers, we'll continue that
6 public hearing with no further action.
7 I have trouble counting from nine to ten.
8 I apologize.
9 Item 33, 2007-857. We'll open that public
10 hearing.
11 Seeing no speakers, we'll continue that
12 public hearing with no further action.
13 Item 34 and 35 are companion bills.
14 2007-858, we'll open that public hearing.
15 (Mr. Kupperman approaches the podium.)
16 THE CHAIRMAN: Mr. Kupperman.
17 MR. KUPPERMAN: Greg Kupperman, 200 First
18 Street, Suite B, Neptune Beach.
19 I will -- I'll address both of these items
20 as well, the two of these. I would like to go
21 through these briefly. There has been one
22 gentleman and, I guess, had some opposition or
23 some concern.
24 This is for the expansion of Miller
25 Electric Company facilities on Rosselle Street.
Diane M. Tropia, P.O. Box 2375, Jacksonville, Fl 32203
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1 Currently, the Miller Electric Company is
2 located on the north side of Rosselle Street,
3 across the street from this property, as well as
4 to the east of Osceola Street on the next
5 block. To the west of this property is the
6 intersection of Rosselle Street with Stockton
7 Street and I-10, and the actual ramp to I-10 is
8 in front of this property. Then farther to the
9 east are other commercial uses, American
10 Ambulance and other commercial uses.
11 This property is located in the
12 Riverside/Avondale historic preservation
13 district. We're located just on the north
14 fringe of the boundary, right there along I-10.
15 Approximately eight years ago, working with
16 the historic preservation section of the
17 Planning and Development Department, there was a
18 request -- as we were going through certificates
19 of appropriateness and other issues in zoning at
20 that time, they asked us to put a master plan
21 together. So approximately eight years ago, we
22 did put a master plan together for all of the
23 Miller Electric facilities, where they would be
24 expanding into the future.
25 We brought those to the Jacksonville
Diane M. Tropia, P.O. Box 2375, Jacksonville, Fl 32203
52
1 Historic Preservation Commission and have used
2 that as a guideline for other zonings, other
3 certificates of appropriateness as it relates to
4 architecture and structure relocations
5 throughout these eight years and have been
6 supported and recommended for approval through
7 that entire process.
8 In the last few months we've worked very
9 closely with staff. We've worked with Riverside
10 Avondale Preservation and RADO on the relocation
11 of structures and the development and
12 improvements to this site.
13 Miller Electric has been the subject of
14 many layers of review and negotiations to get to
15 this committee, including the Jacksonville
16 Historic Preservation Commission, RAP, RADO, and
17 the planning staff.
18 In addition to these two applications, we
19 are currently going through additional
20 certificates of appropriateness and negotiating
21 a development agreement.
22 I wish that you would just please consider
23 the substantial competent evidence that's been
24 provided by me today, that's also contained in
25 the Planning and Development Department staff
Diane M. Tropia, P.O. Box 2375, Jacksonville, Fl 32203
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1 report, and recommend approval with the
2 conditions. I do agree to the conditions.
3 And I would like to submit a letter from
4 RAP, which support and recommend approval of the
5 proposed development.
6 I'll be glad to answer any questions.
7 THE CHAIRMAN: Okay. Thank you very much.
8 Our next speaker is Lee [sic] -- is it
9 Braun?
10 (Audience member approaches the podium.)
11 THE CHAIRMAN: I can't quite read your
12 writing, sir. If you'd correct me, I'd
13 appreciate it.
14 AUDIENCE MEMBER: My name is Joe Braun. I
15 live at 2330 Rosselle Street.
16 Basically, this is a zoning that if you --
17 there are already these zonings in the area:
18 CCG-1, CRO, RMD-B, CO, and then RLD-G. And in
19 addition to that, they're going to add a PUD.
20 All these are within 300 feet of that.
21 It's essentially a doughnut zoning. In the
22 middle you have my property, which will be
23 differently zoned than the properties around
24 it. And what Miller is asking for, I would be
25 the part in the middle of the zone -- the
Diane M. Tropia, P.O. Box 2375, Jacksonville, Fl 32203
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1 doughnut.
2 So you'll have these other zonings out
3 there that will be even different than that, as
4 I read down the list of zonings there.
5 And like he said, this is in the
6 Riverside/Avondale historical area, so you're
7 going to be rezoning a historical area into
8 these multiple zonings. So I -- my basic
9 position is to deny it.
10 So thank you very much.
11 THE CHAIRMAN: Thank you.
12 Seeing no further speakers, we'll close
13 that public hearing.
14 Do we have a motion on the bill?
15 MR. WEBB: Move the bill.
16 MR. SHAD: Second.
17 THE CHAIRMAN: I have a motion and a second
18 on 2007-858.
19 Planning Department, do you have any input
20 on this bill or not?
21 MR. CROFTS: I understand this is the land
22 use, but I would qualify that by saying, again,
23 the site is nine-tenths of an acre. Again, it's
24 from RPI to BP.
25 We feel that the companion rezoning
Diane M. Tropia, P.O. Box 2375, Jacksonville, Fl 32203
55
1 application, that this would be an appropriate
2 use. There's significant buffers around this
3 development to the residential to the south as
4 well as, unfortunately, the property that's
5 surrounding it in this particular case as
6 reflected and owned by the -- represented by the
7 previous speaker.
8 Obviously, Miller Electric has facilities
9 to the north and east of this site, and this
10 would allow Miller Electric to expand their
11 existing operations in what we feel would be an
12 appropriate fashion. And they have been subject
13 to a great deal of scrutiny in accomplishing
14 this particular end.
15 THE CHAIRMAN: Thank you, Mr. Crofts.
16 Any other discussion?
17 COMMITTEE MEMBERS: (No response.)
18 THE CHAIRMAN: Seeing none, open the
19 ballot, record the vote.
20 (Committee ballot opened.)
21 MR. CORRIGAN: (Votes yea.)
22 MR. YARBOROUGH: (Votes yea.)
23 MR. SHAD: (Votes yea.)
24 MR. WEBB: (Votes yea.)
25 (Committee ballot closed.)
Diane M. Tropia, P.O. Box 2375, Jacksonville, Fl 32203
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1 MS. LAHMEUR: Four yeas, zero nays.
2 THE CHAIRMAN: By your action, you have
3 approved 2007-858.
4 Item 35 is 2007-859. We'll open that
5 public hearing.
6 Mr. Kupperman.
7 MR. KUPPERMAN: Greg Kupperman, 200 First
8 Street, Neptune Beach.
9 Again, my comments would be ditto to the
10 comments that I submitted and the substantial
11 competent evidence provided in my presentation
12 and the Planning and Development Department
13 report. I do agree with all the staff
14 recommendations as it relates to conditions to
15 the PUD.
16 THE CHAIRMAN: Thank you, Mr. Kupperman.
17 Our next speaker is Joe Braun.
18 (Audience member approaches the podium.)
19 THE CHAIRMAN: I got your name right this
20 time.
21 MR. BRAUN: Joe Braun, 2330 Rosselle
22 Street, Jacksonville, Florida.
23 I basically want to just go up and say
24 ditto about the same thing I did yester- --
25 earlier today. I remember the council meeting
Diane M. Tropia, P.O. Box 2375, Jacksonville, Fl 32203
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1 had lasted two days because I was there.
2 It's a doughnut zoning, and it's
3 essentially -- the zoning inside of the doughnut
4 will be mine; the zoning outside the doughnut is
5 the one you're trying to get approved PUD; and
6 the other zonings would be the other ones that
7 are out there, a number of them.
8 Thank you very much.
9 THE CHAIRMAN: Thank you.
10 Seeing no further speakers, we will close
11 that --
12 MR. KUPPERMAN: Mr. Chairman.
13 THE CHAIRMAN: -- public hearing.
14 MR. KUPPERMAN: Mr. Chairman, can I just
15 make one comment?
16 THE CHAIRMAN: Yes.
17 MR. KUPPERMAN: I just want to make one
18 clarification and comment.
19 There are many different zoning districts
20 out there and different acronyms representing
21 different zoning districts. All the properties
22 along Rosselle Street are in some form of
23 commercial.
24 Working -- the reason why we're doing a PUD
25 is to lock ourselves in to elevations, a site
Diane M. Tropia, P.O. Box 2375, Jacksonville, Fl 32203
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1 plan at the request of planning staff as well as
2 the request of RAP. So that's why we're doing a
3 PUD, to lock in the things that are needed for
4 the historic preservation and the district --
5 and the RAP district.
6 THE CHAIRMAN: Okay. Thank you.
7 Now the public hearing is closed.
8 MR. YARBOROUGH: Move the amendment.
9 THE CHAIRMAN: I have a motion on the
10 amendment.
11 Do I have a second?
12 MR. WEBB: Second.
13 THE CHAIRMAN: I have a motion and a second
14 on the amendment, 2007-859.
15 We'll go to the Planning Department,
16 please.
17 MR. CROFTS: The amendment is as follows,
18 Mr. Chairman, members of the committee.
19 Condition number 1, "The development shall
20 be subject to the original legal description
21 dated March 6th, 2007.
22 Number 2, "The development shall be subject
23 to the revised written description dated August
24 31st, 2007.
25 (Ms. Jones enters the proceedings.)
Diane M. Tropia, P.O. Box 2375, Jacksonville, Fl 32203
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1 MR. CROFTS: Condition Number 3, "The
2 development shall be subject to the original
3 site plan dated August 15th and as revised
4 August 31st, 2007.
5 Number 4, "The required transportation
6 improvements shall be made in accordance with
7 the Traffic Engineering memorandum dated
8 September 18th, 2007, or as otherwise approved
9 by the traffic engineer and Planning and
10 Development Department.
11 Number 5 and finally, "The architecture and
12 setbacks of all proposed buildings shall be
13 approved by the Historic Preservation
14 Commission."
15 Thank you.
16 THE CHAIRMAN: Thank you.
17 And Mr. Kupperman, during the public
18 hearing, noted that he agreed with the
19 conditions.
20 I have no discussion on the amendment. All
21 in favor of the 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. Tropia, P.O. Box 2375, Jacksonville, Fl 32203
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1 We're now on the -- well, before I go to
2 that, let the record reflect that Councilwoman
3 Mia Jones has joined us.
4 Now I need a motion on the bill as amended.
5 MS. JONES: Move the bill as amended.
6 MR. YARBOROUGH: Second.
7 THE CHAIRMAN: I have a motion and a second
8 on 2007-859 as amended.
9 Councilmember Shad.
10 MR. SHAD: Thank you.
11 Through the chairman to staff, I'm looking
12 at the map, and that one lot -- am I looking at
13 it right? That one lot -- do these pieces of
14 property touch each other that we're rezoning?
15 The two shaded areas on that one map.
16 MR. CROFTS: No. The property basically
17 takes one, two, three -- four lots, and then
18 there's a -- skip a lot, a single-family, and
19 then there's two lots that they own going down
20 to the end of that street to -- adjacent to a
21 service station. So there is a gap.
22 MR. SHAD: You know, don't they have -- can
23 we do that? Wasn't there a rule that they have
24 to touch each other or be -- we can put a bunch
25 of properties together and use one bill number
Diane M. Tropia, P.O. Box 2375, Jacksonville, Fl 32203
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1 and one rezoning and one land use?
2 MR. CROFTS: We've done that, yes, sir.
3 MR. SHAD: You save a lot of money that
4 way.
5 MR. CROFTS: Yes, sir.
6 MR. SHAD: Is the gentleman that spoke in
7 opposition, is he the one -- the property there
8 in between them?
9 MR. CROFTS: That's correct.
10 MR. SHAD: And the current zoning, go over
11 it one more time for me. The current zoning is
12 what and we're going to what?
13 MR. CROFTS: The zoning on the property is
14 CRO, commercial, residential and office. And
15 the -- and, of course, the land use was an RPI
16 land use, which was the appropriate land use or
17 higher order of control. And the proposed use
18 is a type of facility, an operation that would
19 be allowed in the business park land use
20 category, which we feel is a reasonable
21 transition to residential because it's --
22 basically does not allow any outdoor storage and
23 it's more of a clean type of use with other
24 restrictions and -- and the few --
25 Obviously, the rezoning is a PUD, and the
Diane M. Tropia, P.O. Box 2375, Jacksonville, Fl 32203
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1 PUD requires certain buffers along the
2 residential, requires an 8-foot-high concrete
3 barrier to the rear of the property. We're
4 controlling access. We're controlling the size
5 of the building, all those types of things.
6 We're restricting it all to the indoor activity.
7 MR. SHAD: That's good.
8 Does it have the parking, the landscaping?
9 Is that being waived for the PUD?
10 MR. CROFTS: To my knowledge, none of that
11 is being waived. I would --
12 MR. SHAD: Mr. Kupperman.
13 MR. CROFTS: -- defer to Mr. Kupperman, the
14 applicant, but I think all parking and
15 landscaping standards are going to be
16 probably --
17 MR. SHAD: Sometimes we lose sight of
18 those -- I know I do -- in these when they come
19 in front of us, that we're doing a PUD to avoid
20 the landscaping or the parking, you know, no --
21 if we're going to have adequate parking and
22 landscaping on site.
23 Did y'all -- did you -- I assume they tried
24 to buy that piece of property at some point from
25 this gentleman who's opposed to it?
Diane M. Tropia, P.O. Box 2375, Jacksonville, Fl 32203
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1 MR. KUPPERMAN: It's been difficult to
2 negotiate with the gentleman as far as getting
3 responses back and anything else like that.
4 We would be willing to do that. It's just
5 been a difficult process in order to get return
6 phone calls, and we -- but we've made many, many
7 attempts to -- to work with him.
8 MR. SHAD: Okay. I don't remember us
9 doing -- I'm sure we've done it. I don't
10 remember us doing a rezoning of two pieces of
11 property at once. I know they're in close
12 proximity to each other, but, you know, they
13 don't touch. It's kind of awkward having that
14 piece cut out there in the middle.
15 I know, Mr. Corrigan, this is close to
16 you -- close to your district? Down the road?
17 THE CHAIRMAN: It's about six blocks from
18 my district.
19 MR. SHAD: Okay. Well, I'll follow your
20 lead, then.
21 Thank you.
22 THE CHAIRMAN: Let the record reflect it is
23 in Councilman Warren Jones' district.
24 Okay. So we had verification that this --
25 we've done this before? This is not --
Diane M. Tropia, P.O. Box 2375, Jacksonville, Fl 32203
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1 MR. CROFTS: Through the Chair, we have
2 done this before.
3 And just to reiterate again, this is being
4 done in accordance with the parking requirements
5 and they are reiterated, and also the landscape
6 standards. They're actually being accentuated,
7 as I said, I think, in terms of the 8-foot
8 concrete wall and some of the other buffers.
9 MR. SHAD: Thank you.
10 THE CHAIRMAN: Okay. Mr. Kupperman, do you
11 agree with that statement?
12 MR. KUPPERMAN: I do.
13 And I just wanted to briefly address the --
14 the amount of -- going through the process with
15 RAP to finally get to this particular point in
16 time, the scrutiny of the review of fences and
17 walls and elevations and everything that we're
18 doing. It's been a huge task to get to this
19 particular point in time, which as you see the
20 letter from RAP supporting what -- what it is
21 that we're doing.
22 Thank you.
23 THE CHAIRMAN: And I'm sure they appreciate
24 you working with them.
25 Okay. I see no other discussion on the
Diane M. Tropia, P.O. Box 2375, Jacksonville, Fl 32203
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1 bill, so let's open the ballot, record the vote.
2 (Committee ballot opened.)
3 MR. CORRIGAN: (Votes yea.)
4 MR. YARBOROUGH: (Votes yea.)
5 MS. JONES: (Votes yea.)
6 MR. SHAD: (Votes yea.)
7 MR. WEBB: (Votes yea.)
8 (Committee ballot closed.)
9 MS. LAHMEUR: Five yeas, zero nays.
10 THE CHAIRMAN: By your action, you've
11 approved 2007-859.
12 Just for kicks let's go to page 11, since
13 we've been there before.
14 Item 36, 2007-860. We'll open that public
15 hearing. -860 and -861 are companions.
16 Mr. Bruce Fletcher is the only speaker that I
17 have.
18 (Mr. Fletcher approaches the podium.)
19 THE CHAIRMAN: Good evening.
20 MR. FLETCHER: Thank you, Mr. Chairman.
21 Bruce Fletcher, 50 North Laura Street.
22 I'm here representing the applicant this
23 evening.
24 The applicant seeks a land use amendment
25 and a rezoning to allow them to sell used
Diane M. Tropia, P.O. Box 2375, Jacksonville, Fl 32203
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1 furniture at this location. The property is
2 located on Old St. Augustine Road, north of
3 Powers Avenue. It's about .8 of an acre. The
4 building is about 5,000 square feet. It's an
5 old building. It has been in use before. This
6 is not a new building by any stretch of the
7 imagination.
8 By way of history, I'm told this building
9 has been in the furniture business for
10 approximately 30 years. They have done
11 refinishing, stripping, and some sale of
12 furniture at that location.
13 The previous operator, his focus was
14 stripping and refinishing. My client simply
15 wants to sell used furniture at that location.
16 The previous owner fell into ill health.
17 The property went through a bankruptcy. The
18 trustee cleaned up some very limited
19 contamination from the stripping operation on
20 the site. Granting this would put a much more
21 benign use in that location.
22 The comp plan encourages commercial infill,
23 commercial redevelopment, and we think it's
24 consistent with that goal of the comp plan.
25 It's not injecting a new use into this
Diane M. Tropia, P.O. Box 2375, Jacksonville, Fl 32203
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1 neighborhood. Essentially it's been there.
2 Now, the building sat vacant for over a
3 year, and we've got -- in the area, the report
4 identifies a vast number of commercial type
5 uses, retail, service commercial, warehousing,
6 offices and light industrial. The department
7 report and the land use amendment refers to this
8 as an established commercial and industrial
9 corridor.
10 To date -- well, by way of -- before I
11 conclude, the applicants are a family business;
12 mom and pop, one son, one employee. They buy
13 used furniture at bankruptcy auctions, out of
14 the newspaper, estate sales, wherever they can
15 find it. They do very limited repair on site,
16 and they simply need a place to put it and sell
17 it once they've acquired it.
18 We've had no opposition that we know of to
19 date. The Planning Commission approved it
20 unanimously. The department has approved both
21 the zoning and the land use amendment. And we
22 would ask for your approval here tonight.
23 Thank you.
24 THE CHAIRMAN: Thank you, Mr. Fletcher.
25 Seeing no other speakers, that public
Diane M. Tropia, P.O. Box 2375, Jacksonville, Fl 32203
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1 hearing is closed.
2 MR. SHAD: Move the bill.
3 MR. WEBB: Second.
4 THE CHAIRMAN: I have a motion and a second
5 on 2007-860.
6 Councilmember Webb.
7 MR. WEBB: Just very quickly, I'm smelling
8 a title defect somewhere far down the road in
9 this. I just consulted with Councilman Shad on
10 this. This property is between Emerson and
11 University; is that correct?
12 MR. FLETCHER: (Inaudible.)
13 MR. WEBB: Right. That is not Old
14 St. Augustine Road; that is St. Augustine Road.
15 I know it sounds nit-picky as Councilman
16 Yarborough has said, but it is a different
17 street address. It may have ramifications down
18 the line.
19 THE CHAIRMAN: That's a good point. On the
20 GIS it shows St. Augustine Road.
21 So is that a scrivener's error we can
22 correct on --
23 MS. ELLER: Yes.
24 THE CHAIRMAN: Okay. Does the Planning
25 Department need to speak on this or not?
Diane M. Tropia, P.O. Box 2375, Jacksonville, Fl 32203
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1 MR. CROFTS: Our only comment is that,
2 again, on this one, based on the trend in the
3 area along the stretch of St. Augustine Road,
4 that we found it to be consistent and an
5 appropriate use at this location and found it
6 consistent with numerous policies in the
7 comprehensive plan and local and regional and
8 State plan.
9 So, with that, we support the change.
10 THE CHAIRMAN: Okay. Seeing no further
11 discussion, open the ballot, record the vote.
12 (Committee ballot opened.)
13 MR. CORRIGAN: (Votes yea.)
14 MR. YARBOROUGH: (Votes yea.)
15 MS. JONES: (Votes yea.)
16 MR. SHAD: (Votes yea.)
17 MR. WEBB: (Votes yea.)
18 (Committee ballot closed.)
19 MS. LAHMEUR: Five yeas, zero nays.
20 THE CHAIRMAN: By your action, you have
21 approved 2007-860.
22 2007-861. We'll open that public hearing.
23 Mr. Fletcher, I assume you're going to
24 speak on the same bill?
25 MR. FLETCHER: Yes, Mr. Chairman.
Diane M. Tropia, P.O. Box 2375, Jacksonville, Fl 32203
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1 Bruce Fletcher, 50 North Laura Street,
2 Jacksonville, Florida.
3 MR. SHAD: Hold on one second.
4 THE CHAIRMAN: Mr. Fletcher, hold on one
5 second.
6 Let me go to Councilmember Shad for just a
7 second first.
8 MR. SHAD: Thank you.
9 Mr. Chairman, I'd just like to mention that
10 I did communicate with Mr. Fletcher prior to
11 this meeting and spoke about the history of the
12 property and the specifics of the rezoning.
13 Thank you.
14 THE CHAIRMAN: Okay. Thank you.
15 Now, Mr. Fletcher, go ahead.
16 MR. FLETCHER: Mr. Chairman, if my remarks
17 from the previous application may stand over,
18 I'll be available for questions.
19 Thank you.
20 THE CHAIRMAN: Thank you.
21 I see no questions for the speaker, so
22 we'll close that public hearing.
23 Do I have a motion?
24 MR. WEBB: Move the bill.
25 MR. SHAD: Second.
Diane M. Tropia, P.O. Box 2375, Jacksonville, Fl 32203
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1 THE CHAIRMAN: I have a motion and a second
2 on the bill.
3 Councilmember Yarborough.
4 MR. YARBOROUGH: I was just going to ask,
5 have we changed the language, like Councilman
6 Webb said on the other one, to reflect
7 St. Augustine Road versus Old St. Augustine
8 Road?
9 MS. ELLER: Yes.
10 THE CHAIRMAN: Okay. Thank you.
11 Planning Department, do you have input on
12 2007-861?
13 MR. KELLY: Thank you.
14 Through the Chair, 2007-861. This is,
15 again, a conventional rezoning that is companion
16 to the land use you just approved. This will be
17 going from the current zoning of IBP to a CCG-1
18 commercial category, and we are supportive.
19 THE CHAIRMAN: Okay. Thank you.
20 I have no other discussion on 2007-861, so
21 let's open the ballot, record the vote.
22 (Committee ballot opened.)
23 MR. CORRIGAN: (Votes yea.)
24 MR. YARBOROUGH: (Votes yea.)
25 MS. JONES: (Votes yea.)
Diane M. Tropia, P.O. Box 2375, Jacksonville, Fl 32203
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1 MR. SHAD: (Votes yea.)
2 MR. WEBB: (Votes yea.)
3 (Committee ballot closed.)
4 MS. LAHMEUR: Five yeas, zero nays.
5 THE CHAIRMAN: By your action, you have
6 approved 2007-861.
7 Committee members, middle of page 11,
8 2007-919. We'll open that public hearing.
9 Seeing no speakers, we'll continue that
10 public hearing until November the 6th with no
11 further action.
12 Item 39 2007-925. We'll open that public
13 hearing. We have several speakers, Wyman Duggan
14 and Satasha Williston.
15 (Mr. Duggan approaches the podium.)
16 THE CHAIRMAN: Good evening, Mr. Duggan.
17 MR. DUGGAN: Mr. Chairman, Wyman Duggan,
18 1301 Riverplace Boulevard, Suite 1500.
19 This application seeks to convert an
20 existing single-family structure that was built
21 in 1920, located on Lasalle Street, which runs
22 between San Marco Boulevard and Hendricks, to a
23 law firm use. There will be no structural
24 changes. There will be some exterior cosmetic
25 changes, but otherwise it will -- from the
Diane M. Tropia, P.O. Box 2375, Jacksonville, Fl 32203
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1 outside, it will continue to look just like a
2 single-family structure with the exception of
3 the sign out front.
4 This is consistent with the development
5 trends on Lasalle as they've taken place over
6 the last 10 to 15 years. There are actually
7 three other converted single-family homes that
8 have been converted to law firms in the next
9 block towards San Marco Boulevard, including
10 catercorner across the Lasalle/Larue
11 intersection from this structure. One block in
12 the other direction, toward Hendricks, a church
13 was converted to a school for up to 100 students
14 and up to six days a week. There are also 13
15 apartment buildings within a one-block radius of
16 this structure, including directly next door,
17 directly across Lasalle Street and directly
18 across Larue Street. So our proposed impacts
19 will be much less than the similar impacts in
20 the area, at least as they could be under their
21 permitted entitlements.
22 This will be a one- to two-person law firm
23 with probably two other staff support people, so
24 it will be very low impact.
25 I've spoken with Mitch Weiss, who's the
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1 head of the San Marco Preservation Society. He
2 said his group has reviewed this application,
3 finds that it's consistent with the development
4 trends on LaSalle and does not object to the
5 proposal.
6 This is adaptive reuse and infill
7 redevelopment for -- which are the types of use
8 that we hear all the time the City would like to
9 see, so I would hope you could find it to
10 support it.
11 And Ms. Williston, who is going to be
12 operating the law firm, is here to speak as
13 well.
14 Thank you.
15 THE CHAIRMAN: Thank you.
16 Councilmember Shad.
17 MR. SHAD: Thank you.
18 Through the Chair to the committee, I
19 wanted to mention that I did speak with
20 Mr. Duggan prior to the meeting today about the
21 details of the rezoning. I wanted to get that
22 on the record.
23 Thank you.
24 THE CHAIRMAN: Thank you.
25 (Audience member approaches the podium.)
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1 THE CHAIRMAN: Now, help me with -- is it
2 Satasha Williston?
3 AUDIENCE MEMBER: It's pronounced Satasha,
4 just like Natasha, but with an S.
5 THE CHAIRMAN: Okay.
6 AUDIENCE MEMBER: Good evening, council.
7 My name is Satasha Williston. I am a
8 lifelong Jacksonville resident. I'm also a
9 San Marco resident. I own a home in San Marco,
10 probably three minutes from this location.
11 I'm very proud of my neighborhood, and I've
12 lived there since 2002. If anybody here knows
13 me -- I think I know a couple of people here --
14 I'm very particular about what my belongings, my
15 property looks like.
16 I have already started to make plans for
17 this particular piece of property. It's a
18 beautiful home, although it does need to be
19 somewhat refurbished on the outside. I don't
20 know if you have taken a look at page 8 on the
21 staff report, but as you can tell, there is lots
22 of overgrowth of plants over the -- trees over
23 the building. And you can't tell from here, but
24 there are a few minor structural -- excuse me,
25 not structural, but cosmetic changes that need
Diane M. Tropia, P.O. Box 2375, Jacksonville, Fl 32203
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1 to be made that would make significant
2 improvements to the piece of property.
3 Secondly, unlike people that would normally
4 reside there in a single or multifamily
5 dwelling, I would be there during the day, which
6 I think would also benefit the surrounding
7 neighbors, and most likely I would probably be
8 there on the weekends too.
9 My plans, to be candid with all the members
10 here, is that I'm going to be practicing there
11 by myself. There's only two offices, so it
12 would be myself and my paralegal, which means
13 two cars.
14 And, secondly, I'm only one person, so I
15 can only see one client at a time, so it's not
16 like there's -- there's not going to be an
17 inundation of traffic coming in and out of my
18 office with two staff members, including
19 myself. That's just not possible.
20 I just want, again, to state the
21 significant improvements that would take place,
22 that I would do myself, along with people that
23 I've already contacted that would help me, and I
24 believe that it would truly be a benefit to the
25 surrounding area.
Diane M. Tropia, P.O. Box 2375, Jacksonville, Fl 32203
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1 I have a number of friends who own law
2 offices also on the street. And I'm sure you've
3 all taken a drive down the road, and the law
4 offices there are -- they look very nice,
5 they're very well manicured, and I would
6 obviously follow suit.
7 If I could answer any questions or bring
8 photographs or plans or anything like that for
9 the next hearing, which is -- takes place a week
10 from today, I'd be happy to.
11 THE CHAIRMAN: Okay. Thank you.
12 MS. WILLISTON: Thank you.
13 THE CHAIRMAN: I don't see any questions,
14 no further speakers, so we'll close that public
15 hearing.
16 We have 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, 2007-925.
21 Seeing no discussion on the amendment -- I
22 guess the Planning Department -- I'm sorry.
23 MR. KELLY: Thank you.
24 The amendment is as follows:
25 Condition 1, "The development shall be
Diane M. Tropia, P.O. Box 2375, Jacksonville, Fl 32203
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1 subject to the original legal description dated
2 August 8th, 2007.
3 Condition number 2, "The development shall
4 be subject to the original written description
5 dated August 6th, 2007.
6 Condition 3, "The development shall be
7 subject to the original site plan dated August
8 6th, 2007.
9 Condition 4, "The development shall be
10 subject to review and approval of the Department
11 of Public Works Traffic Engineering Division
12 pursuant to the memorandum dated September 12th,
13 2007, or as otherwise approved by the Traffic
14 Engineering Division and the Planning and
15 Development Department.
16 Condition 5, "The PUD shall be permitted
17 one externally-illuminated, double-faced
18 monument sign 5 feet in height and 24 square
19 feet in area to be permitted along Lasalle
20 Street."
21 THE CHAIRMAN: Okay. Mr. Duggan, do you
22 agree with those conditions?
23 MR. DUGGAN: Yes, sir, we do.
24 THE CHAIRMAN: Okay. Councilmember Shad.
25 MR. SHAD: Thank you.
Diane M. Tropia, P.O. Box 2375, Jacksonville, Fl 32203
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1 Through the Chair -- or to Sean, the sign,
2 the setback of the sign, does that need a
3 waiver, or are we addressing the waiver in the
4 PUD, or is it fine?
5 MR. KELLY: The setback for the sign
6 would -- I don't know if it was in the written
7 description. I believe it would have to at
8 least comply with the 10-foot required setback
9 and meet the intersection visibility
10 requirements on part 13.
11 MR. SHAD: Right. That's why I was
12 checking. And you think you're good with that?
13 MR. DUGGAN: Yes, we are. We have not
14 asked for any special relief. We'll meet
15 whatever the code requires.
16 MR. SHAD: Great. I was making sure you
17 had enough room and you didn't have to come back
18 and -- so we could just take care of it now if
19 you didn't.
20 MR. DUGGAN: Thank you.
21 MR. SHAD: Okay. Great. Thanks.
22 THE CHAIRMAN: All right. Thank you very
23 much.
24 This is Councilmember's Shad district, so
25 I'll follow your lead on this.
Diane M. Tropia, P.O. Box 2375, Jacksonville, Fl 32203
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1 Just kidding.
2 I don't see any other discussion. Let's
3 open the ballot, record the vote.
4 (Committee ballot opened.)
5 MR. CORRIGAN: (Votes yea.)
6 MR. YARBOROUGH: (Votes yea.)
7 MS. JONES: (Votes yea.)
8 MR. SHAD: (Votes yea.)
9 MR. WEBB: (Votes yea.)
10 (Committee ballot closed.)
11 MS. LAHMEUR: Five yeas, zero nays.
12 THE CHAIRMAN: By your action, you have
13 approved 2007-925.
14 MR. DUGGAN: Thank you.
15 THE CHAIRMAN: Thank you.
16 MR. SHAD: (Inaudible.)
17 THE CHAIRMAN: Did we move the amendment?
18 I thought we moved it.
19 MR. SHAD: (Inaudible.)
20 THE CHAIRMAN: Let's go back and correct
21 it.
22 The amendment has now been approved. Do I
23 have a motion on the bill?
24 MR. SHAD: Move the bill as amended.
25 THE CHAIRMAN: Do I have a second?
Diane M. Tropia, P.O. Box 2375, Jacksonville, Fl 32203
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1 MS. JONES: Second.
2 THE CHAIRMAN: Okay. Is there any
3 discussion?
4 COMMITTEE MEMBERS: (No response.)
5 THE CHAIRMAN: Seeing no discussion, open
6 the ballot and record the vote.
7 (Committee ballot opened.)
8 MR. CORRIGAN: (Votes yea.)
9 MR. YARBOROUGH: (Votes yea.)
10 MS. JONES: (Votes yea.)
11 MR. SHAD: (Votes yea.)
12 MR. WEBB: (Votes yea.)
13 (Committee ballot closed.)
14 MS. LAHMEUR: Five yeas, zero nays.
15 THE CHAIRMAN: By your action, you have
16 superapproved 2007-925.
17 Top of page 12, item 40, 2007-926. We have
18 Mr. Charles Mann.
19 (Mr. Mann approaches the podium.)
20 MR. MANN: Charles Mann --
21 THE CHAIRMAN: Let me open the public
22 hearing, Charles. I'm sorry.
23 Thank you. Go ahead.
24 MR. MANN: Charles Mann, 165 Arlington
25 Road, representing the landowner.
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1 I can't believe anybody hasn't taken a shot
2 about the blind leading the blind tonight.
3 Anyway, this is an item that has been
4 before you --
5 THE CHAIRMAN: We're not touching that.
6 MR. MANN: This is an item that was
7 recently before you, about six months ago. It
8 was approved by this council. The reason it's
9 back before you as a PUD is because we're
10 increasing the size of the building from 28,000
11 square feet to 45,000 square feet. We changed
12 our site plan from one building to three
13 buildings. All the other terms and conditions
14 of the originally-approved PUD will remain the
15 same, and we would ask that you support our
16 application.
17 Thank you.
18 THE CHAIRMAN: Thank you.
19 Seeing no questions for the speaker, the
20 public hearing is closed.
21 MR. YARBOROUGH: Move the amendment.
22 MS. JONES: Second.
23 THE CHAIRMAN: I have a motion and a second
24 on the amendment to -926.
25 We'll go to the Planning Department,
Diane M. Tropia, P.O. Box 2375, Jacksonville, Fl 32203
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1 please.
2 MR. KELLY: Thank you.
3 To the Chair and committee members, the
4 amendment is as follows:
5 Condition 1, "The development shall be
6 subject to the original legal description dated
7 August 9th, 2007.
8 Condition 2, "The development shall be
9 subject to the revised written description dated
10 September 17th, 2007.
11 Condition 3, "The development shall be
12 subject to the original site plan dated August
13 8th, 2007.
14 Condition 4, "The required transportation
15 improvements shall be made in accordance with
16 the Traffic Engineering memorandum dated
17 September 7th, 2007, or as otherwise approved by
18 the traffic engineer and Planning and
19 Development Department.
20 Condition 5, "The maximum building height
21 shall be two stories and 35 feet.
22 Condition 6, "Outside sales and service,
23 other than holiday items, shall be prohibited.
24 Condition 7, "Permissible uses by right or
25 by exception in the CCG-1 zoning district or as
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1 otherwise listed in the PUD shall be approved
2 via minor modification."
3 THE CHAIRMAN: All right. Thank you very
4 much.
5 MR. MANN: Mr. Chairman, we're familiar
6 with those conditions and we accept them.
7 THE CHAIRMAN: All right. Thank you,
8 Mr. Mann.
9 Seeing no discussion on the amendment, all
10 in favor signal by saying aye.
11 COMMITTEE MEMBERS: Aye.
12 THE CHAIRMAN: All opposed.
13 COMMITTEE MEMBERS: (No response.)
14 THE CHAIRMAN: The amendment carries.
15 MR. WEBB: Move the bill as amended.
16 MR. YARBOROUGH: Second.
17 THE CHAIRMAN: I have a motion and second
18 on 2007-926 as amended.
19 Seeing no discussion, open the ballot,
20 record the vote.
21 (Committee ballot opened.)
22 MR. CORRIGAN: (Votes yea.)
23 MR. YARBOROUGH: (Votes yea.)
24 MS. JONES: (Votes yea.)
25 MR. SHAD: (Votes yea.)
Diane M. Tropia, P.O. Box 2375, Jacksonville, Fl 32203
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1 MR. WEBB: (Votes yea.)
2 (Committee ballot closed.)
3 MS. LAHMEUR: Five yeas, zero nays.
4 THE CHAIRMAN: By your action, you have
5 approved 2007-926.
6 Thank you.
7 MR. MANN: Thank you very much.
8 THE CHAIRMAN: Next is item 41, 2007-927.
9 We'll open that public hearing.
10 Before I call on Rob Baldwin, let me
11 declare ex-parte communications today with Burt
12 Ralston (phonetic) concerning this application
13 to see if I -- if he could answer any questions.
14 Mr. Baldwin. Good evening.
15 AUDIENCE MEMBER: Good evening, council.
16 My name is Rob Baldwin, 4459 Gentle Knoll
17 Drive South, Jacksonville, representing Murrad,
18 the owner of the property.
19 I appreciate the opportunity to speak
20 tonight, however, we're going to have to defer.
21 Recent -- very recent conditions have occurred
22 that we need to get back with Planning and
23 address before we bring it to this body. So
24 we'd like to defer.
25 THE CHAIRMAN: Okay. I will be happy to
Diane M. Tropia, P.O. Box 2375, Jacksonville, Fl 32203
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1 continue that. And if you'll get with the
2 Planning Department, we'll try to see if we can
3 bring it up next time.
4 MR. BALDWIN: Thank you.
5 THE CHAIRMAN: Seeing no other speakers on
6 that, we will close that public hearing and --
7 no. Actually, we'll continue that public
8 hearing with no further action.
9 Okay. We are on item number 43. We
10 already took up 42. We're on item number 43,
11 2007-929. We will open that public hearing. We
12 have a couple of speakers. The first one is
13 Martha Moore, followed by Steven Suttles.
14 (Ms. Moore approaches the podium.)
15 MS. MOORE: Martha Moore, 12581 Sawpit
16 Road.
17 I'm here actually as a substitute for the
18 agent, Michael Saylor, who's father is ill and
19 in the hospital, so Michael had to fly back to
20 Indiana.
21 I've got some handouts with aerials if you
22 need them, and I will answer any questions that
23 I can.
24 THE CHAIRMAN: Okay. I see no questions at
25 this point, so we will go to our next speaker,
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1 Steven Suttles.
2 (Audience member approaches the podium.)
3 AUDIENCE MEMBER: Thank you for hearing me.
4 I was here on Tuesday and was here till
5 1:30 in the morning waiting on this.
6 My name is Steven Suttles, 9960 Orahood
7 Lane.
8 Probably won't do too well at this, but I'm
9 a commercial diver. I've been a commercial
10 fisherman for 40 years.
11 The piece of property that they're talking
12 about rezoning right now is POD [sic]. They're
13 wanting to change it to industrial waterfront
14 without any kind of thing on what it will do to
15 the water. Okay?
16 You're planning on dredging it out. That's
17 the only way you'll be able to bring a big ship
18 in there like you're talking about unloading.
19 You can't do it without dredging.
20 I (inaudible) the bottom for over 20 years,
21 and it's a nice, slow drop coming off of the
22 shoreline. We actually drag shrimp nets through
23 it from 19 to 29 feet. That gives us a
24 low-lying area, a good place to drag at. The
25 rest of it, you drugged -- they've dredged out
Diane M. Tropia, P.O. Box 2375, Jacksonville, Fl 32203
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1 the center of the river to bring the larger
2 ships in. That gives you another channel for
3 the shrimp to fall into, but you're taking --
4 you're actually taking away part of my living,
5 actually 57 other draggers out there too that
6 you're talking about removing their way of
7 making a living.
8 My property value will go through the
9 bottom. You're talking about 75 decibel. I
10 stand on the back of a shrimp boat, and it's
11 50 decibels. Back of my house, you're talking
12 about 75. There ain't no way. My property will
13 go right through -- the property value will go
14 right through the bottom, you know. I mean --
15 I wrote out a bunch of stuff here, but it's
16 just -- I mean, it's actually useless, and I'm
17 kind of surprised there ain't nobody else here.
18 But I live in a beautiful place. There
19 ain't another place like it. We've already
20 looked back when JEA was trying to buy it out
21 years ago. There's not another place like it,
22 not anywhere, not north or south.
23 I'm -- you know, there's not much else I
24 can do except come up here and try to persuade
25 you to at least look at what you're doing.
Diane M. Tropia, P.O. Box 2375, Jacksonville, Fl 32203
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1 You're talking about putting a sand pile
2 where a beautiful little island is now. You're
3 putting a giant sand pile.
4 So, I mean, that's all -- really about all
5 I've got to say. I hope that, you know -- and
6 I'm going to be the biggest pain in their butt
7 they ever seen. I mean, I'm going to have --
8 every time it rains, I'm going to be out there.
9 So either buy me out or do something, you know,
10 I mean, because there's no way I'll be able to
11 live there after this.
12 Thank you.
13 THE CHAIRMAN: Thank you.
14 MS. JONES: What is his address?
15 THE CHAIRMAN: His address is 9960 Orahood
16 Lane, O-r-a-h-o-o-d Lane.
17 Seeing no further speakers, that public
18 hearing is closed.
19 Do I have a motion on the bill?
20 COMMITTEE MEMBERS: (No response.)
21 THE CHAIRMAN: Seeing no motion, the -- it
22 will be deferred on our committee.
23 Mr. Crofts.
24 MR. CROFTS: I just -- I don't want to
25 interrupt your action, but I just wanted to --
Diane M. Tropia, P.O. Box 2375, Jacksonville, Fl 32203
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1 if there was anything of benefit here, from our
2 standpoint, we've provided -- I would tell you
3 that the land use on this particular property is
4 water dependent/water related.
5 What we're doing now is basically rezoning
6 it to a zoning category consistent with the
7 overriding land use. And this is all following
8 a stipulated settlement agreement that was
9 accomplished between the State and City and the
10 property owners and another individual,
11 consistent with that -- that agreement, so we're
12 following that particular theme.
13 I would tell you that this area is within
14 the industrial sanctuary area and on that map
15 illustrated for industrial use. This is a bit
16 of a unique area out there. It's near the
17 New Berlin enclave and there is a unique
18 combination of industrial and residential uses
19 out there.
20 I wanted to get that on the record.
21 We feel that, you know, this is in
22 accordance with the overall theme of things that
23 have transpired in advance of this and is
24 consistent with the comprehensive plan as
25 identified by numerous policies in our
Diane M. Tropia, P.O. Box 2375, Jacksonville, Fl 32203
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1 comprehensive plan.
2 And, again, I reiterate that it is in the
3 industrial sanctuary area and that particular
4 map of the comprehensive plan and the current
5 land use is water dependent/water related.
6 Thank you.
7 THE CHAIRMAN: Thank you.
8 I did not have a motion previously, so it
9 will be deferred to the next LUZ meeting.
10 MS. ELLER: Continue the public hearing.
11 THE CHAIRMAN: Instead of closing the
12 public hearing, I will continue the public
13 hearing on 2007-929 with no further action.
14 Okay. Committee members, on page 13, top
15 of the page, 2007-930. We will open that public
16 hearing.
17 Seeing no speakers, we will close that
18 public hearing.
19 And I will note on my agenda, it says "PUD
20 denied," is that -- the Planning Department
21 denied this?
22 MR. KELLY: Yes, that's accurate.
23 To the Chair, application -- waiver for
24 road frontage 07-24, ordinance 2007-930, seeks a
25 reduction in the required road frontage from
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1 160 feet to 35 feet.
2 Essentially, this property was --
3 originally was a large five-acre tract that was
4 broken into essentially two -- approximately
5 two -- a three-acre tract and a two-acre tract,
6 and that was subsequent to 1972.
7 Now you're seeing an additional piece of
8 property be broken off into a one-acre tract
9 within this parcel. We feel this is basically
10 circumventing the subdivision regulations.
11 The new lot, the proposed lot, it's not
12 shown on your zoning map, but there will be
13 another dwelling proposed on this property, will
14 be over 500 feet -- or approximately 500 feet
15 from Pine Acres Road. We feel that the
16 location, the lack of visibility from Pine Acres
17 Road would be detrimental to the health, safety,
18 and welfare, and we were recommending denial on
19 this.
20 Thank you.
21 THE CHAIRMAN: Okay. Councilmember Webb.
22 MR. WEBB: Thank you, Mr. Chairman.
23 I need to declare ex-parte on this matter.
24 I had a July 14th -- which, by the way, was a
25 Saturday morning. I met with the applicant,
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1 Caterina Serna, and her builder representative,
2 Lynn Stemrow (phonetic) to discuss her
3 application for the waiver. As you can tell,
4 this is in my district.
5 Ms. Serna was on her way down here, but she
6 is stuck in traffic.
7 THE CHAIRMAN: So would you like me to
8 continue the public hearing and just bring it up
9 next time?
10 MR. WEBB: I would, if that would be --
11 THE CHAIRMAN: Okay. We will continue the
12 public hearing on 2007-930 with no further
13 action this evening.
14 Councilman Yarborough.
15 MR. YARBOROUGH: Thank you.
16 I'm fine with that. I certainly want to
17 defer to the district councilman.
18 I just wanted to make one comment. On
19 page 3 of the staff report, under Supplementary
20 Information, I noticed this on another bill that
21 we had already taken up and I didn't say
22 anything at that point, but seeing it a second
23 time -- it says the required notice of public
24 hearing sign was not posted.
25 I'm starting to see that a little bit more
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1 frequently in some of the reports, so I just
2 wanted to, I guess, state that it -- you know,
3 it's important that we have the signs up there.
4 And if that is something that is a City rule or
5 code, we need to make sure that's done before we
6 take action on these bills. So I just wanted to
7 point that out. And I'm seeing that a little
8 bit more now, so I wanted to make note of it.
9 Thank you, Mr. Chairman.
10 THE CHAIRMAN: Thank you.
11 MR. YARBOROUGH: Do we know why it might
12 not have been posted? Are there certain --
13 MR. KELLY: It may have been posted. Just
14 when staff was out there, the sign may not have
15 been up yet, but I -- I haven't verified that.
16 But that is something that, you know, we
17 really don't have the discretion. It's really
18 up to the body that's going to be moving the
19 bill that would have the discretion, whether to
20 take it up or to defer it if the sign was not
21 posted.
22 It's just -- that's why we put it in the
23 report, for informational purposes. It's only
24 one of the means of notification. We also do
25 the mail-outs and the newspaper advertisements
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1 as well.
2 MR. YARBOROUGH: Right. I know it's not --
3 we can still approve it even if it wasn't, but
4 it is supposed to be, right, as one of the
5 methods of letting the public know that we're
6 going to be --
7 MR. KELLY: Right.
8 MR. YARBOROUGH: -- taking it up?
9 All right. Thank you.
10 THE CHAIRMAN: Councilmember Webb.
11 MR. WEBB: Thank you.
12 Through the Chair, just anecdotally, I
13 drive by this property a lot. And I was just by
14 it the other day, and I did see the sign up
15 there. So I don't know if she's been victimized
16 by vandals or what, but it has been posted.
17 Thank you.
18 MR. YARBOROUGH: You didn't take the sign
19 down, did you?
20 MR. WEBB: Absolutely not.
21 THE CHAIRMAN: Let the record reflect that
22 Councilmember Webb worked eight days a week
23 because --
24 MR. WEBB: I've broken that habit.
25 Thank you.
Diane M. Tropia, P.O. Box 2375, Jacksonville, Fl 32203
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1 THE CHAIRMAN: All right. We're going
2 to -- on -930, we're going to continue with no
3 further action.
4 Item 45 has already been covered.
5 Item 46, 2007-988, will be second and
6 rereferred.
7 Item 47 and 48 are companion, and we
8 realize we'll have an amendment on those after
9 we finish the public hearings. I'll let
10 Ms. Eller explain that.
11 But we'll open the public hearing on
12 2007-990. I have speaker, Staci Rewis.
13 (Ms. Rewis approaches the podium.)
14 MS. REWIS: Hi. Good evening.
15 THE CHAIRMAN: Good evening.
16 MS. REWIS: Staci Rewis, 245 Riverside
17 Avenue. I'm here on behalf of AFI Associates,
18 the master developer of the Villages of Argyle
19 DRI and PUD.
20 The future land use amendment that's
21 proposed under 2007-990 and 2007-991 is part of
22 a land swap within the Villages of Argyle that
23 was previously approved through a modification
24 to the Villages of Argyle DRI and PUD subject to
25 the condition that a land use amendment be
Diane M. Tropia, P.O. Box 2375, Jacksonville, Fl 32203
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1 subsequently submitted to conform the sites to
2 the proposed uses.
3 Essentially what this land use amendment
4 will allow is a park/school site to be changed
5 to a different location within the Villages of
6 Argyle and to allow a 12-acre net increase for a
7 park/school site.
8 We have met with the Planning Department
9 staff and with the school board. And on the
10 request from the school board, we have enlarged
11 the proposed park/school site to 30 acres,
12 20 net -- 22 net, excuse me, which will
13 hopefully allow the collocation of a park and
14 school on that site to serve the development.
15 I'm available for any questions.
16 THE CHAIRMAN: Okay. Seeing no other
17 speakers, we will close the public hearing on
18 2007-990 and go to Ms. Eller to explain the
19 amendment.
20 MS. ELLER: To the committee, if you would
21 entertain an amendment. It's a technical
22 amendment. We listed RE numbers in the bill and
23 we identified that it's actually a portion of
24 the RE number instead of that whole RE number,
25 so I just want to avoid any title issues or
Diane M. Tropia, P.O. Box 2375, Jacksonville, Fl 32203
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1 problems down the line. So if you would
2 entertain an amendment on each of these bills to
3 make that technical correction, we'd appreciate
4 it.
5 MR. YARBOROUGH: So moved.
6 MS. JONES: Second.
7 THE CHAIRMAN: I have a motion and a second
8 on the amendment to -990. All in favor of the
9 amendment signal by saying aye.
10 COMMITTEE MEMBERS: Aye.
11 THE CHAIRMAN: All opposed.
12 COMMITTEE MEMBERS: (No response.)
13 THE CHAIRMAN: The amendment carries.
14 MR. YARBOROUGH: Move the bill as amended.
15 MS. JONES: Second.
16 THE CHAIRMAN: I have a motion and a second
17 on 2007-990 as amended. Seeing no discussion,
18 open the ballot, record the vote.
19 (Committee ballot opened.)
20 MR. CORRIGAN: (Votes yea.)
21 MR. YARBOROUGH: (Votes yea.)
22 MS. JONES: (Votes yea.)
23 MR. SHAD: (Votes yea.)
24 MR. WEBB: (Votes yea.)
25 (Committee ballot closed.)
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1 MS. LAHMEUR: Five yeas, zero nays.
2 THE CHAIRMAN: By your action, you have
3 approved 2007-990.
4 Item 48, 2007-991. We'll open that public
5 hearing and Ms. Rewis is still with us.
6 MS. REWIS: Staci Rewis, 245 Riverside
7 Avenue.
8 I'd just like to incorporate my comments
9 from -990 to 2007-991, and I'm available for any
10 questions.
11 THE CHAIRMAN: I see no questions for
12 Ms. Rewis.
13 Actually, I have a question. This is near
14 my district. This is on -- is this near the
15 shopping center site? Is that --
16 MS. REWIS: Right.
17 One of the sites, parcel 32P, which is
18 east of Brannan Field/Chaffee and west of
19 Old Middleburg Road, near the Target and Kohl's
20 site, that site, parcel 32P, is the -- what's
21 currently designated as the park/school, and we
22 are proposing to change that to a CGC land use
23 to allow mixed use and move the park/school site
24 over -- west of Brannan Field/Chaffee Road.
25 THE CHAIRMAN: Okay. Thank you.
Diane M. Tropia, P.O. Box 2375, Jacksonville, Fl 32203
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1 Seeing no further questions for the
2 speaker, we'll close that public hearing.
3 MR. YARBOROUGH: Move the amendment.
4 MR. WEBB: Second.
5 THE CHAIRMAN: I have a motion and a second
6 on the amendment to 2007-991.
7 Yours is the second to the technical
8 amendment Ms. Eller had?
9 MR. WEBB: Yes.
10 THE CHAIRMAN: All in favor of the
11 amendment signal by saying aye.
12 COMMITTEE MEMBERS: Aye.
13 THE CHAIRMAN: All opposed.
14 COMMITTEE MEMBERS: (No response.)
15 THE CHAIRMAN: The amendment carries.
16 MR. WEBB: Move the bill as amended.
17 MR. YARBOROUGH: Second.
18 THE CHAIRMAN: I have a motion and a second
19 on 2007-990 [sic] as amended.
20 Seeing no discussion, open the ballot,
21 record the vote.
22 (Committee ballot opened.)
23 MR. CORRIGAN: (Votes yea.)
24 MR. YARBOROUGH: (Votes yea.)
25 MS. JONES: (Votes yea.)
Diane M. Tropia, P.O. Box 2375, Jacksonville, Fl 32203
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1 MR. SHAD: (Votes yea.)
2 MR. WEBB: (Votes yea.)
3 (Committee ballot closed.)
4 MS. LAHMEUR: Five yeas, zero nays.
5 THE CHAIRMAN: By your action, you just
6 approved 2007-991.
7 Committee members, on page 14 now, all of
8 the following items will be deferred: 2007-992,
9 -993, -994, and -995.
10 The bottom of page 14, item 53, 2007-997,
11 will be second and rereferred.
12 The following items on page 15 will be
13 second rereferred: 2007-1007, -1008, -1009,
14 -1010, -1011.
15 On page 16, all the items will be second
16 and rereferred. That's 2007-1012, 2007-1013,
17 -1014, -1015, and -1016.
18 On page 17, the following items will be
19 second and rereferred: Item 2007-1017, -1018,
20 -1019, -1020, and -1021.
21 And then on page 18, the final page of your
22 agenda, the following items will be second and
23 rereferred: 2007-1022, -1023, -1024, and
24 2007-1036.
25 According to my records, we have completed
Diane M. Tropia, P.O. Box 2375, Jacksonville, Fl 32203
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1 our agenda.
2 Seeing no discussion from the committee
3 members, no one in the audience raising their
4 hand, with that, we will be adjourned.
5 Thank you very much.
6 (The above proceedings were adjourned at
7 6:35 p.m.)
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Diane M. Tropia, P.O. Box 2375, Jacksonville, Fl 32203
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1 C E R T I F I C A T E
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3 STATE OF FLORIDA:
4 COUNTY OF DUVAL :
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6 I, Diane M. Tropia, certify that I was
7 authorized to and did stenographically report the
8 foregoing proceedings and that the transcript is a
9 true and complete record of my stenographic notes.
10 Dated this 7th day of October, 2007.
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14 Diane M. Tropia
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Diane M. Tropia, P.O. Box 2375, Jacksonville, Fl 32203