1 CITY OF
2 LAND USE AND ZONING
3 COMMITTEE
4
5
6 Proceedings held on Tuesday, July 15, 2008,
7 commencing at 5:00 p.m., City Hall, Council Chambers,
8 1st Floor,
9 Tropia, a Notary Public in and for the State of
10
11
12 PRESENT:
13 ART GRAHAM, Chair.
RICHARD CLARK, Committee Member.
14 JOHNNY GAFFNEY, Committee Member.
RAY HOLT, Committee Member.
15 DON REDMAN, Committee Member.
16
ALSO PRESENT:
17
BRAD THOBURN, Director, Planning Department.
18 JOHN CROFTS, Deputy Director, Planning Dept.
SEAN KELLY, Chief, Current Planning.
19 KEN AVERY, Planning and Development Dept.
STEPHEN SMITH, Planning and Development Dept.
20 JOEL McEACHIN, Planning and Development Dept.
CHERRY SHAW, Office of General Counsel.
21
KEITH WEISS, Research Assistant.
22 MARILYN ALLEN, Legislative Assistant.
MERRIANE LAHMEUR, Legislative Assistant.
23
- - -
24
25
Diane M.
Tropia,
2
1 P R O C E E D I N G S
2 July 15, 2008 5:00 p.m.
3 - - -
4 THE CHAIRMAN: Good afternoon.
5 Let the record show it's Tuesday, July 15.
6 I have about 5 o'clock, and this is the Land Use
7 and Zoning Committee.
8 If you are not here for the Land Use and
9 Zoning Committee, you're in the wrong place.
10 Let's crank through this agenda.
11 First, let's go around the queue and tell
12 us, everybody -- let's get on the record who's
13 who.
14 John, let's start off with you.
15 MR. CROFTS: Good evening.
16 My name is John Crofts, and I'm here
17 representing the Planning and Development
18 Department. And currently, my position, deputy
19 director.
20 Thank you. Good evening.
21 MR. KELLY: Good evening.
22 Sean Kelly, chief of Current Planning,
23 Planning and Development.
24 MR. AVERY: Good evening.
25 Ken Avery, planning manager, Planning and
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Tropia,
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1 Development.
2 MR. THOBURN: Brad Thoburn, director of
3 Planning and Development.
4 MS. ELLER: Shannon Eller, General
5 Counsel's Office.
6 MR. REDMAN: Don Redman, City Council,
7 District 4.
8 DR. GAFFNEY: Councilman Gaffney,
9 District 7.
10 MR. HOLT: Ray Holt, District 11.
11 THE CHAIRMAN: Art Graham, District 13.
12 MR. CLARK: Richard Clark, District 3.
13 MR. CAMPBELL: Rick Campbell, Council
14 Research.
15 MR. JOHNSON: Stan Johnson, ECA,
16 District 13.
17 MS. SHAW: Cherry Shaw, Office of General
18 Counsel.
19 MR. SMITH: Stephen Smith, Planning
20 Department.
21 MR. McEACHIN: Joel McEachin, Planning and
22 Development.
23 THE CHAIRMAN: In case anybody wonders why
24 we do that, when we're going back and looking
25 through the record, someone says, "I don't
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4
1 know. I wasn't there. I didn't know anything
2 about that," now you're on the record. We know
3 you were there.
4 All right. Top of page 2. 2005-1228 is
5 deferred. 2006-24 is deferred. 2006-240, we
6 are deferring that -- -220 is deferred.
7 Top of page 3. 2006-360 is deferred.
8 2006-658. We will open the public hearing.
9 Do we have anybody speaking for that one?
10 MS. ALLEN: No.
11 THE CHAIRMAN: No speakers.
12 We'll close the public hearing, and we'll
13 take no action. We're waiting for some new
14 dates to reschedule public hearings on that one.
15 2007-144 is deferred. 2007-145 is
16 deferred.
17 Top of page 4. 2007-384 is deferred.
18 2007-581 is deferred. 2007-803 is deferred.
19 Top of page 5. 2007-1085, we will -- we're
20 going to come back to that one. I'm just going
21 to lay that one on the table. We've got a
22 special request, so we'll come back to that
23 one.
24 Number 12, 2007-1086. We will open the
25 public hearing.
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Tropia,
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1 Do we have any cards for that one?
2 MS. ALLEN: No.
3 THE CHAIRMAN: We'll continue the public
4 hearing and take no action.
5 2007-1125. We'll open the public hearing.
6 Any cards?
7 MS. ALLEN: No.
8 THE CHAIRMAN: We'll close the public
9 hearing.
10 MR. CLARK: Move the amendment.
11 MR. HOLT: Second.
12 THE CHAIRMAN: It's been moved and
13 seconded.
14 Planning Department, can we hear the
15 amendment?
16 MR. CROFTS: Yes, sir.
17 The amendment consists of the following
18 conditions:
19 Condition number 1, "The development shall
20 be subject to the original legal description
21 dated October 8, 2007."
22 Number 2, "The development shall be subject
23 to the original written description dated
24 October 8, 2007."
25 Number 3, "The development shall be subject
Diane M.
Tropia,
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1 to the original site plan dated October 8,
2 2007."
3 Number 4, "Transportation improvements
4 shall be made in accordance with the Traffic
5 memorandum dated October 15, 2007, or as
6 otherwise approved by the Planning and
7 Development Department."
8 Number 5, "The day care use shall be
9 limited to no more than 75 children."
10 Number 6, "The site shall be developed in
11 accordance with the landscape and tree
12 protection ordinance, Pat 12 of the zoning code,
13 except that the required uncomplementary use
14 buffer along the east and west property lines
15 may be 5 feet minimum width where contiguous to
16 the proposed vehicle use areas."
17 Number 7, "The fence on
18 be brought into compliance with the yard
19 requirements of the zoning code."
20 Number 8, "A shared parking agreement for
21 employee parking shall be recorded pursuant to
22 Section 656.607(D)(2)(D) with a community
23 center, and shall be submitted to the Planning
24 and Development Department at the time of the
25 verification of substantial compliance."
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Tropia,
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1 Number 9 and finally, "There shall be no
2 more than 25 children in the outside recreation
3 area at any one time.
4 Thank you.
5 THE CHAIRMAN: Any questions on the
6 amendment?
7 MS. ELLER: Yes.
8 THE CHAIRMAN: Yes, Ms. Eller.
9 MS. ELLER: Mr. Chairman, since the
10 applicant is not here nor is the representative,
11 is it okay if the Planning Department confirms
12 whether or not they're okay with these
13 conditions and whether they've communicated with
14 them?
15 MR. KELLY: Yes. Through the Chair to
16 Shannon, the only outstanding issue -- they were
17 agreeable to all the conditions. We were
18 withholding moving it forward until we got
19 confirmation from Parks and Recreation.
20 Specifically, we received a letter from
21 Darrel Joseph (phonetic) regarding the shared
22 parking agreement with the community center down
23 the street. So once they had that, then we were
24 okay to proceed.
25 MS. ELLER: Okay.
Diane M.
Tropia,
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1 THE CHAIRMAN: So we don't need to hold it
2 up?
3 MS. ELLER: I'm comfortable with that
4 moving forward since the applicant had
5 previously agreed to all the conditions and the
6 only outstanding issue was, as Sean mentioned,
7 the parking.
8 THE CHAIRMAN: Okay. Any further
9 discussion on the amendment?
10 COMMITTEE MEMBERS: (No response.)
11 THE CHAIRMAN: All in favor say aye.
12 COMMITTEE MEMBERS: Aye.
13 THE CHAIRMAN: Those opposed.
14 COMMITTEE MEMBERS: (No response.)
15 THE CHAIRMAN: By your action, you have
16 approved the amendment.
17 MR. CLARK: Move the bill as amended.
18 DR. GAFFNEY: Second.
19 THE CHAIRMAN: The bill has been moved and
20 seconded as amended.
21 Any discussion on the bill?
22 COMMITTEE MEMBERS: (No response.)
23 THE CHAIRMAN: Seeing none, please open the
24 ballot.
25 (Committee ballot opened.)
Diane M.
Tropia,
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1 THE CHAIRMAN: Close the ballot --
2 MR. GRAHAM: (Votes yea.)
3 MR. CLARK: (Votes yea.)
4 DR. GAFFNEY: (Votes yea.)
5 MR. HOLT: (Votes yea.)
6 MR. REDMAN: (Votes yea.)
7 (Committee ballot closed.)
8 MS. LAHMEUR: Five yeas, zero nays.
9 THE CHAIRMAN: By your action, you've
10 approved 2007-1125.
11 2007-1350. Open the public hearing.
12 Seeing no speakers, we'll continue that
13 public hearing and take no action.
14 Top of page 6. 2008-23. We are -- there's
15 a deferral on that one.
16 2008-40. Open the public hearing.
17 No speakers. We will continue the public
18 hearing and take no action.
19 2008-227. We'll open the public hearing.
20 (Mr. Kupperman approaches the podium.)
21 THE CHAIRMAN: Mr. Kupperman.
22 MR. KUPPERMAN: Greg Kupperman, 200 First
23 Street, Suite B,
24 Proceed?
25 THE CHAIRMAN: Sure.
Diane M.
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1 MR. KUPPERMAN: Yes, committee.
2 This is a rezoning to PUD. There's an
3 existing office building there that will be
4 razed and redeveloped with this office building.
5 I have these elevations and this revised
6 site plan, copies for each one of you, if you
7 do -- if you would like a copy of it.
8 The Planning and Development Department has
9 recommended approval with several conditions. I
10 agreed to all of those conditions. Those are
11 the same conditions that are a part of the
12 Planning Commission recommendation.
13 I have also been in contact with Councilman
14 Shad's office throughout this process, and
15 Councilman Shad has no opposition to this
16 proposal either.
17 I'll be glad to answer any questions.
18 THE CHAIRMAN: Okay. Any questions for the
19 applicant?
20 COMMITTEE MEMBERS: (No response.)
21 THE CHAIRMAN: I guess not.
22 Thank you, sir.
23 MR. KUPPERMAN: Thank you.
24 THE CHAIRMAN: We have -- any other
25 speakers?
Diane M.
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1 AUDIENCE MEMBERS: (No response.)
2 THE CHAIRMAN: Close the public hearing.
3 We have an amendment.
4 MR. CLARK: Move the amendment.
5 MR. HOLT: Second.
6 THE CHAIRMAN: The amendment has been moved
7 and seconded.
8 Can we hear the amendment, please.
9 MR. CROFTS: Yes, sir.
10 The amendment is as follows:
11 Number 1, "The development shall be subject
12 to the original legal description dated February
13 6, 2008."
14 Number 2, "The development shall be subject
15 to the revised written description dated June
16 3rd, 2008."
17 Number 3, "The development shall be subject
18 to the revised site plan dated June 3rd, 2008."
19 Number 4, "The development shall be subject
20 to the review and approval of the Development
21 Services Division pursuant to their memorandum
22 dated March 20, 2008, or as otherwise approved
23 by the Planning and Development Department."
24 Number 5, "There shall be no signage
25 permitted along
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Tropia,
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1 Number 6 and finally, "The building shall
2 be substantially similar to the architectural
3 elevations submitted with the revised written
4 description identified and dated June 3rd,
5 2008."
6 Thank you, sir.
7 THE CHAIRMAN: Mr. Kupperman, are you okay
8 with those amendments?
9 MR. KUPPERMAN: Absolutely.
10 THE CHAIRMAN: Thank you.
11 MR. KUPPERMAN: Yes.
12 THE CHAIRMAN: Any questions on the
13 amendment?
14 COMMITTEE MEMBERS: (No response.)
15 THE CHAIRMAN: Seeing none, all in favor
16 say aye.
17 COMMITTEE MEMBERS: Aye.
18 THE CHAIRMAN: Those opposed.
19 COMMITTEE MEMBERS: (No response.)
20 THE CHAIRMAN: By your action, you've
21 approved the amendment.
22 MR. CLARK: Move the bill as amended.
23 MR. HOLT: Second.
24 THE CHAIRMAN: The bill's been moved and
25 seconded as amended.
Diane M.
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1 Any discussion on the bill?
2 COMMITTEE MEMBERS: (No response.)
3 THE CHAIRMAN: Seeing none, please open the
4 ballot.
5 (Committee ballot opened.)
6 MR. GRAHAM: (Votes yea.)
7 MR. CLARK: (Votes yea.)
8 DR. GAFFNEY: (Votes yea.)
9 MR. HOLT: (Votes yea.)
10 MR. REDMAN: (Votes yea.)
11 (Committee ballot closed.)
12 MS. LAHMEUR: Five yeas, zero nays.
13 THE CHAIRMAN: By your action, you have
14 approved 2008-227.
15 MR. KUPPERMAN: Thank you.
16 THE CHAIRMAN: Bottom of page 6.
17 2008-231. Open the public hearing.
18 We have Tom Ingram.
19 (Mr. Ingram approaches the podium.)
20 MR. INGRAM: Good evening.
21 Tom Ingram,
22 400.
23 I'm here representing the applicant and I'm
24 here to answer any questions you may have.
25 THE CHAIRMAN: Do we have any questions for
Diane M.
Tropia,
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1 Mr. Ingram?
2 COMMITTEE MEMBERS: (No response.)
3 THE CHAIRMAN: Seeing none, we'll close the
4 public hearing.
5 MR. CLARK: Move the amendment.
6 MR. HOLT: Second.
7 THE CHAIRMAN: The amendment has been moved
8 and seconded.
9 Can we hear the amendment, please.
10 MR. CROFTS: The amendment is as follows,
11 Mr. Chairman and members of the committee:
12 Condition Number 1, "The development shall
13 be subject to the original legal description
14 dated February 26, 2008."
15 Number 2, "The development shall be subject
16 to the revised written description dated June 8,
17 2008."
18 Number 3, "The development shall be subject
19 to the revised site plan dated April 16, 2008."
20 Number 4 and finally, "The required
21 transportation improvements shall be made in
22 accordance with the Development Services
23 Division memorandum dated June 26, 2008, or as
24 otherwise approved by the Planning and
25 Development Department."
Diane M.
Tropia,
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1 Thank you.
2 THE CHAIRMAN: We're on -231, correct?
3 MR. CROFTS: Yes.
4 THE CHAIRMAN: I have a whole list of
5 amendments here.
6 MR. CROFTS: Through the Chair and
7 committee members, the applicant has submitted
8 us a revised written description dated July 8th
9 that basically would no longer necessitate the
10 conditions going from 5 to the end of the page.
11 THE CHAIRMAN: Okay. Mr. Ingram, are you
12 fine with those amendments?
13 MR. INGRAM: Yes, sir.
14 And basically what we did was took all but
15 four of the conditions and incorporated them
16 into a revised written description and supplied
17 that in advance to the Planning Department for
18 their review.
19 THE CHAIRMAN: Okay. Any questions about
20 the -- or discussion on the amendment?
21 COMMITTEE MEMBERS: (No response.)
22 THE CHAIRMAN: Seeing none, all in favor
23 say aye.
24 COMMITTEE MEMBERS: Aye.
25 THE CHAIRMAN: Those opposed.
Diane M.
Tropia,
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1 COMMITTEE MEMBERS: (No response.)
2 THE CHAIRMAN: By your action, you've
3 approved the amendment.
4 MR. CLARK: Move the bill as amended.
5 MR. HOLT: Second.
6 THE CHAIRMAN: The bill's been moved and
7 seconded as amended.
8 Any discussion on the bill?
9 COMMITTEE MEMBERS: (No response.)
10 THE CHAIRMAN: Seeing none, please open the
11 ballot.
12 (Committee ballot opened.)
13 MR. GRAHAM: (Votes yea.)
14 MR. CLARK: (Votes yea.)
15 DR. GAFFNEY: (Votes yea.)
16 MR. HOLT: (Votes yea.)
17 MR. REDMAN: (Votes yea.)
18 (Committee ballot closed.)
19 MS. LAHMEUR: Five yeas, zero nays.
20 THE CHAIRMAN: By your action, you have
21 approved 2008-231.
22 MR. INGRAM: Thank you.
23 THE CHAIRMAN: Top of page 7. 2008-236 is
24 deferred.
25 2008-258. We'll open the public hearing.
Diane M.
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1 We have Bob Yerkes.
2 (Audience member approaches the podium.)
3 THE CHAIRMAN: Sorry if I butchered your
4 name, sir.
5 Followed by Bruce Fletcher.
6 AUDIENCE MEMBER: Hi.
7 I'm Bob Yerkes, Forrester, Isaac & Yerkes,
8 a law firm here in town, and we've been involved
9 in this airport noise zone since -- back in
10 March, when we started with this and when
11 Councilman Holt was out there and Councilman
12
13 bill.
14 There's been a substituted bill --
15 THE CHAIRMAN: Sir, can you pull that
16 microphone down a little bit?
17 MR. YERKES: (Complies.)
18 There's been a substituted bill, as you're
19 aware, and I've made some -- just my review of
20 the bill. I've made it in written form -- one
21 for the record and one for anybody that's
22 interested in it -- that talks about some of the
23 things that I still think are issues that the
24 council needs to consider before it's passed.
25 As you may be aware, there's two different
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1 tables, one that deals with civilian airports
2 and one that deals with military airports.
3 Specifically, on -- and there are similar
4 comments on the two tables, 656-2 and 656-4.
5 The first deals with the noise zones that
6 are 75 decibels and greater. They don't -- they
7 do not require either single-family homeowners
8 or developers to obtain an airport notice zone
9 acknowledgment at the time of contract and to
10 record it. This is -- perpetuates a lack of
11 knowledge of purchasers that we had in the '91
12 ordinance and the 2007 ordinance that they were
13 trying to -- trying to fix.
14 Secondly, in Noise Zone A, the 75 or
15 greater decibel area, it's conditioned by
16 Footnote 13, which freezes ownership rights in
17 that decibel area as they existed on March 27th,
18 2007.
19 I think you all are familiar with the Bert
20 Harris Act, and I submit to you that this causes
21 some serious issues about whether this is a
22 taking involved. And for those people that have
23 their rights frozen as of March 27th, they can
24 no longer plat, they can no longer do anything
25 other than what the -- the development rights
Diane M.
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1 they had as of March 27th, 2007. For perpetuity
2 they can never change those.
3 So I think you may find yourself -- that
4 the City may be the subject of a number of Bert
5 Harris Act cases in response to that.
6 Thirdly, they create a new airport zone
7 that was never in the '91 ordinance or the 2007
8 ordinance in the greater than 60 decibel levels,
9 between 60 and 65 decibel levels. This creates
10 a whole new zone of more than 1,300 owners in
11
12 prospective buyer that they're in an airport
13 zone, have a form signed, and have it recorded.
14 And from our investigation with appraisers, they
15 think that's going to damage these properties as
16 well. So there may be Bert Harris Act cases
17 arising out of that provision of this ordinance.
18 In 656-4, the same things apply. One deals
19 with civilian airports, one deals with military
20 airports. And because of time, these same
21 elements are in that -- in the other table, in
22 the 75 or greater decibel area. There's no
23 requirement for them to do a notice zone, either
24 for individuals or for developers, and we think
25 that's -- for the same reasons, it's going to
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1 subject the City to Bert Harris claims on those
2 issues.
3 And the other section is airport notice
4 zone acknowledgment. In this, there are --
5 there's no -- this has no more teeth, we would
6 submit, than the 1991 and the 2007 ordinance.
7 There's no effective enforcement to make
8 sure that anybody gives a notice, and that was
9 the problem with the last two ordinances,
10 because it only puts the burden on the seller.
11 It doesn't put the burden on the broker or the
12 realtor or someone else in the transaction to
13 make sure that the time that purchase agreement
14 is signed that an acknowledgment form is
15 attached to the purchase agreement, and that's
16 what's been happening for the last 20 years.
17 Nobody knew about it. It was never done.
18 In all of the properties that have changed
19 hands, maybe two or three have had recorded with
20 the deed the notice that's been on the ordinance
21 books since 1991.
22 THE CHAIRMAN: Sir --
23 MR. YERKES: We think that that should be
24 amended to include a requirement for the owner
25 or his broker or his realtor to make sure that
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1 that happens because the City is trying to make
2 sure that buyers are aware of what they're
3 buying.
4 THE CHAIRMAN: Sir, your three minutes is
5 up.
6 MR. YERKES: Could I ask for just another
7 minute --
8 THE CHAIRMAN: You may have --
9 MR. YERKES: With all due --
10 THE CHAIRMAN: Someone may ask you a
11 question, but your three minutes is up.
12 MR. YERKES: Pardon me?
13 THE CHAIRMAN: Your three minutes is up,
14 sir. But hold on. Someone may have a question
15 for you.
16 MR. YERKES: Okay.
17 THE CHAIRMAN: Mr. Holt.
18 MR. HOLT: Thank you, Mr. Chair.
19 I had gotten a memo, I assume from your
20 office, of about seven or eight points,
21 requested changes. Do you have that with you
22 and could you circulate it to us?
23 MR. YERKES: Yes, sir. I gave a copy -- I
24 gave about 10 or 12 copies of that to the clerk.
25 MR. HOLT: Okay. I'm sorry.
Diane M.
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1 This wasn't exactly as I had seen it
2 before, but I'll -- I'll look over this, and I
3 would certainly like to hear from the Planning
4 Department at some point.
5 THE CHAIRMAN: Okay.
6 Thank you, sir.
7 MR. YERKES: Did --
8 THE CHAIRMAN: Someone may have some
9 questions for you a little later.
10 MR. YERKES: Okay. I did have just two
11 other points, if I have an opportunity to . . .
12 THE CHAIRMAN: Mr. Fletcher.
13 (Mr. Fletcher approaches the podium.)
14 MR. FLETCHER: Thank you, Mr. Chairman,
15 council members.
16 Bruce Fletcher,
17 I represent the property owner
18 Industrial Park, which is the -- which is right
19 next to Outlying Field Whitehouse. It is the
20 second oldest DRI in the state of
21 it was perhaps the most significantly impacted
22 property -- single property owner when this
23 ordinance came up two years ago.
24 The first go-round of that ordinance we
25 participated in. We went to every hearing,
Diane M.
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1 every workshop, every meeting we could get
2 invited to, and the result of our participation
3 is we've reached an agreement with the City of
4
5 of proposed change to our DRI. That notice of
6 proposed change essentially created a conversion
7 table to allow the property owner to convert
8 some of the residential property, which was
9 right off the end of that airstrip, into light
10 industrial.
11 That notice of proposed change went through
12 council -- the previous council, off to
13
14 radar screen. It will be back. We're pushing
15 it again. We're trying to find it and get it
16 back on -- in front of this council so that it
17 can get finalized. And I just wanted to bring
18 that to the council's attention, that you'll see
19 me, hopefully, in a couple of weeks or a month
20 or so to finalize that notice of proposed
21 change.
22 But we -- with that, we were able to -- not
23 so much support the ordinance, but just to not
24 oppose it, and we can live with it.
25 Thank you.
Diane M.
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1 THE CHAIRMAN: Okay. Thank you, sir.
2 I don't have any other speaker cards.
3 Did anybody else come to speak to this
4 bill?
5 AUDIENCE MEMBERS: (No response.)
6 THE CHAIRMAN: Seeing none, we'll close the
7 public hearing.
8 We have a substitute.
9 MR. CLARK: Move the sub.
10 MR. HOLT: Second.
11 THE CHAIRMAN: The sub has been moved and
12 seconded.
13 Can we get a brief synopsis of the
14 substitute?
15 MR. THOBURN: Through the Chair, would you
16 like a synopsis of the bill or just the
17 substitute -- the revisions to the substitute?
18 THE CHAIRMAN: Give us the bill.
19 MR. THOBURN: Okay. As you know, March of
20 2007, we adopted 2007-12- -- 2006-1225, which
21 amended the airport zoning requirements around
22 our airfields, airports in
23 that process -- it was an extensive process that
24 involved a number of stakeholders.
25 Unfortunately, we did not do a good enough
Diane M.
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1 job of engaging individual property owners. We
2 kind of -- we had the realtors, we had the
3 builders. We had a whole lot of different
4 stakeholders, but it really didn't reach out,
5 and I -- and at the end, the changes that were
6 made in that bill, we determined, based on the
7 fact that -- we saw happening and some of the
8 responses to it, that it went too far.
9 There was a town meeting a few months ago
10 where Council President -- at the time Council
11 President Davis pledged to repeal the changes.
12 We came to the realization in discussing it that
13 because of the fact that it was embedded in the
14 comprehensive plan that we needed to take a more
15 measured approach and revise the bill and work
16 closely with the folks like the Navy and the
17 airports to make sure that we had a change that
18 everybody agreed to, that we didn't find
19 ourselves out of compliance with the comp plan.
20 And in doing so, we've engaged the
21 community and we've come up with a solution that
22 I think is equitable and addresses the primary
23 concerns that were raised by the community.
24 I've provided you sort of a summary sheet
25 of what we did do. I won't go through all those
Diane M.
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26
1 points, but the thing that happened is -- if you
2 were in a Noise Zone A, which was 70 decibels
3 and -- 70 DNL and higher, you could no longer
4 build any new residential units, and the same
5 went for the APZ-1, accident potential zone 1,
6 which was -- which is around our military
7 airfields. And so that had a dramatic impact.
8 It was seen most dramatically, frankly, out at
9 Whitehouse Field, which is where we had most of
10 the concerns come from.
11 So we went back, and the changes that you
12 see in this revised ordinance are -- there are a
13 couple:
14 Number one, we're changing Noise Zone B to
15 include 65 to 75 decibels. So everybody that
16 was sort of in between 70 and 75 got moved into
17 Noise Zone B, which automatically gave you back
18 your residential development potential.
19 For those who are in 75 DNL and higher, the
20 new defined Noise Zone A and APZ-1, what we have
21 said is that you could develop as you -- you
22 have the same development rights that existed
23 prior to the adoption of 2006-1225 according to
24 the comprehensive plan and the zoning code.
25 We discussed it with general counsel. We
Diane M.
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1 don't believe that it is a Bert Harris --
2 subject to Bert Harris claims.
3 I would also make a -- make note that the
4 changes that we made previously addressed,
5 really, three areas. One was increasing the
6 notice -- effectiveness of our notice
7 requirements, strengthening the noise
8 attenuation requirements, and replacing
9 additional use restrictions on the highest noise
10 and most accident prone areas.
11 In the existing code and under 2006-1225, I
12 will make note that Mr. Yerkes has commented
13 that we added a restriction for the 60 DNL
14 area. That is just not true. The current code
15 has that. There is a notice zone for those
16 areas. So that is not a change in the code.
17 We also have made some minor changes that
18 reflect some -- some of our interpretation or
19 some of the ways we have implemented the
20 ordinance. As an example, how we deal with
21 accessory structures and the need for noise
22 attenuation.
23 We would get a lot of questions in the
24 process with the community and say, well, how
25 does that work? And we'd tell them. And they'd
Diane M.
Tropia,
28
1 say, well, why don't you just write it in the
2 code? And so we've done that. We've really
3 made it very explicit here.
4 So a lot of the changes may not necessarily
5 be changes but clarifications and making certain
6 that people understand, and that there's not
7 room for interpretation, that this is clearly
8 what the code means.
9 We've worked closely with the Navy. We've
10 worked closely with the community groups. And
11 we believe that we have a general consensus on
12 this, and I know that the Navy is supportive.
13 With that said, the substitute -- the
14 second -- this substitute you have has very
15 minor revisions, such as we took out a footnote
16 in the single-family area that dealt with
17 existing PUDs because it was already covered.
18 There was some mistakes in a couple of
19 footnotes. So it was really minor technical
20 stuff and nothing of substance, but I'll be
21 happy to go through any of those if you'd like.
22 THE CHAIRMAN: Anybody on the committee
23 have any questions on the sub?
24 Mr. Holt.
25 MR. HOLT: Thank you, Mr. Chair.
Diane M.
Tropia,
29
1 Brad, remember our wonderful meeting out
2 there at
3 meeting where we --
4 MR. THOBURN: Yes.
5 MR. HOLT: -- had 300 or so folks show up?
6 And at a certain point it became obvious
7 that there were only about 50 properties left
8 that were going to be substantially affected and
9 that we would have to work out some sort of way
10 to restore property rights, either through
11 purchase of that land or working out a land swap
12 or something like that.
13 Has anything changed in this sub since that
14 time? Are we basically dealing with the same
15 substitute that we had presented at that
16 meeting? Because I had my brain wrapped around
17 it at that point pretty well, and I was happy
18 with it at that point. So are we still on the
19 same page?
20 MR. THOBURN: Through the Chair to
21 Councilman Holt, we've actually gone a little
22 bit further in addressing the issues of those
23 50 or so property owners.
24 We actually -- those -- that number
25 reflected those properties that we viewed as
Diane M.
Tropia,
30
1 either undeveloped or underdeveloped, that were
2 in the restrictive areas so that they -- they
3 literally had vacant land or developable
4 potential that we took away. And so by putting
5 in there the statement that they can develop
6 according to their land use and zoning or the
7 comp plan and zoning as it existed prior, it
8 means that if I had a vacant piece of land that
9 was zoned RR, I could still build to one unit
10 per acre.
11 And so it's -- it goes further because we
12 actually sat down with each of those
13 landowners -- not everyone, but everyone that
14 was willing to sit down and -- and came in and
15 talked to us or --
16 MR. HOLT: This is in which area?
17 MR. THOBURN: This would be in the APZ-1
18 and the 75 and higher.
19 And if you look at the map on the -- that's
20 attached, it's the area that's -- hold on a
21 second -- marked -- it should be A-2.
22 MR. HOLT: I've got it. It's A-2.
23 MR. THOBURN: A-2.
24 MR. HOLT: Okay. So basically what you're
25 saying is we have not only done what we
Diane M.
Tropia,
31
1 committed to that night, but we have actually
2 gone a little further in restoring property
3 rights to those folks in the A-2 area?
4 MR. THOBURN: That's correct.
5 MR. HOLT: Okay. Thank you.
6 THE CHAIRMAN: Any other questions on the
7 substitute?
8 COMMITTEE MEMBERS: (No response.)
9 THE CHAIRMAN: We've got a motion and a
10 second on the sub.
11 All in favor say aye.
12 COMMITTEE MEMBERS: Aye.
13 THE CHAIRMAN: Those opposed.
14 COMMITTEE MEMBERS: (No response.)
15 THE CHAIRMAN: By your action, you've
16 approved the sub.
17 MR. CLARK: Move the bill as substituted.
18 MR. HOLT: Second.
19 THE CHAIRMAN: The bill has been moved and
20 seconded as substituted.
21 Any further discussion on the bill?
22 COMMITTEE MEMBERS: (No response.)
23 THE CHAIRMAN: Seeing none, please open the
24 ballot.
25 (Committee ballot opened.)
Diane M.
Tropia,
32
1 MR. GRAHAM: (Votes yea.)
2 MR. CLARK: (Votes yea.)
3 DR. GAFFNEY: (Votes yea.)
4 MR. HOLT: (Votes yea.)
5 MR. REDMAN: (Votes yea.)
6 (Committee ballot closed.)
7 THE CHAIRMAN: Close the ballot and record
8 the vote
9 MS. LAHMEUR: Five yeas, zero nays.
10 THE CHAIRMAN: By your action, you have
11 approved 2008-258 as substituted.
12 Mr. Yerkes, if you had any other
13 information, you can always e-mail us or snail
14 mail us. And there will be a public hearing for
15 this next Tuesday night at the full council
16 meeting.
17 Thank you.
18 Councilmembers, top of page 8. 2008-279
19 and 2008-280 are companions.
20 Open the public hearing on both of those.
21 No speakers. We'll continue the public
22 hearing and take no action until August 19th.
23 2008-313. We will open that public
24 hearing.
25 No speakers. We'll continue that public
Diane M.
Tropia,
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1 hearing and take no action.
2 Bottom of page 8. 2008-314. We'll open
3 the public hearing.
4 Seeing no speakers, we'll continue the
5 public hearing and take no action.
6 Top of page 9. 2008-362. We'll open the
7 public hearing.
8 We have Mr. Mann.
9 (Mr. Mann approaches the podium.)
10 MR. MANN: Mr. Chairman, I'm not here on
11 -362. I'm here on -366.
12 THE CHAIRMAN: Okay. Well, then we won't
13 listen to you now.
14 There's no further speakers. We'll
15 continue that public hearing, take no action.
16 2008-366. We'll open public hearing.
17 (Mr. Mann approaches the podium.)
18 THE CHAIRMAN: Mr. Mann.
19 MR. MANN: Mr. Chairman, members of the
20 committee, my name is Charles Mann, 165
22 I'm here as a friend of Missionary
23
24 inner-city church that's located on Sawyer
25 Avenue.
Diane M.
Tropia,
34
1 In 2001, they retained a contractor to do
2 improvements to the church, and part of those
3 improvements were to install a sign. At that
4 point in time, the sign was installed. It was
5 installed incorrectly and improperly and it was
6 installed without a permit. The church was
7 cited. They're trying to bring the sign into
8 conformity.
9 There is an issue with one of their
10 neighbors as far as reflective light. We have a
11 compromise that we would like to offer to the
12 committee tonight, but what we are seeking is a
13 reduction in the setbacks.
14 The front setbacks, since this is an RLD-D
15 district, is required to be 20 feet. We're
16 seeking a front setback of 10 feet and a side
17 setback reduction from 10 feet to 5 feet to make
18 the sign conforming, but what we'd like to offer
19 as a compromise --
20 The sign is currently internally lit, which
21 is causing the reflection into the neighbor's
22 home. What we would like to offer, the sign be
23 allowed to remain where it is and the sign be
24 externally lit. That's for the need, of course,
25 during the winter months, people are coming and
Diane M.
Tropia,
35
1 going from the church at night, it's dark, and
2 they need to be able to find the church.
3 Moving the sign would create a hardship on
4 the church by either placing it in either the
5 driveway to the church or in the parking lot or
6 in a parking space. Parking for this church is
7 very tight. It's only on a 100-by-130-foot
8 lot. So by the time you get the church building
9 on it and a few parking spaces, loss of one
10 parking space would be a hardship.
11 We would appreciate your help and support.
12 We have worked very closely with the area
13 councilman. I think we've addressed her
14 concerns.
15 And, as I said, I'm here solely as a friend
16 of the church. I'll be glad to address any
17 issues that I may.
18 THE CHAIRMAN: Thank you, Mr. Mann.
19 Any other speakers on -366?
20 AUDIENCE MEMBERS: (No response.)
21 THE CHAIRMAN: Seeing none, we'll close the
22 public hearing.
23 Planning Department, what's the amendment?
24 MR. KELLY: To the Chair, we have a staff
25 recommendation of denial.
Diane M.
Tropia,
36
1 We're cognizant of the fact that -- I think
2 there's been negotiations since our staff report
3 was written. However, we still have not removed
4 our recommendation of denial.
5 Again, we feel the proposed -- or the
6 existing location -- this is the result of a --
7 I guess an ongoing violation over the past seven
8 years and has caused a considerable nuisance to
9 the adjacent residential property owner,
10 especially at night with the internal
11 illumination of that sign.
12 We feel that the sign could be relocated in
13 a manner that -- again, with -- combined with
14 the external illumination or nonillumination,
15 that it would be more appropriate to be
16 relocated. I think that's a -- potentially a
17 structural thing and might involve a completely
18 new sign, but we don't feel that an economic
19 hardship, given the length of time that the sign
20 has been there in violation is -- is an
21 appropriate excuse for maintaining the existing
22 nonconformity, so --
23 We feel that it does result in the creation
24 of a nuisance and objectionable, excessive light
25 onto the adjoining residential property and,
Diane M.
Tropia,
37
1 therefore, are recommending denial.
2 THE CHAIRMAN: So let me see if I get this
3 straight. I'm looking at the picture on the
4 back, and you guys are against a sign that
5 says "God loves you"?
6 MR. KELLY: Not the message.
7 THE CHAIRMAN: All right. Mr. Mann, did
8 you -- you said you spoke with the district
9 councilperson?
10 MR. MANN: Yes, sir, I have.
11 THE CHAIRMAN: And?
12 MR. MANN: I believe she would support the
13 external illumination of this sign versus the
14 internal illumination of it.
15 THE CHAIRMAN: Okay. Committee, I guess
16 it's our decision if we're going to go with the
17 district councilperson, if we're going to go
18 with the Planning Department on this one, and --
19 I have Mr. Holt to speak.
20 MR. HOLT: Thank you, Mr. Chair.
21 I'm not sure that the Planning
22 Department -- maybe I wasn't really
23 understanding what he was saying, but did he
24 explain what the issue was?
25 I know he said that he had -- that they
Diane M.
Tropia,
38
1 were still opposing it, but could you explain
2 the amendment? Did you explain --
3 THE CHAIRMAN: Well, basically the
4 amendment is -- if you want to agree with the
5 waiver or deny the waiver. They're saying that
6 it's a nuisance to the neighbor -- to the
7 neighbors or neighbor?
8 MR. KELLY: One neighbor.
9 THE CHAIRMAN: One neighbor.
10 MR. HOLT: Is the amendment basically what
11 Mr. Mann had just said, to --
12 THE CHAIRMAN: Well --
13 MR. CLARK: The amendment is to approve or
14 deny the waiver.
15 THE CHAIRMAN: We can add the conditions to
16 the amendment, which is basically the compromise
17 that Mr. Mann had said.
18 MR. HOLT: Okay. Well, I would like to
19 amend the amendment to reflect what Mr. Mann was
20 just saying, to have a 10-foot buffer and to
21 have exterior illumination rather than
22 interior.
23 MR. CLARK: To grant?
24 MR. HOLT: To grant with those additional
25 conditions.
Diane M.
Tropia,
39
1 THE CHAIRMAN: Is there --
2 MR. CLARK: Second.
3 THE CHAIRMAN: There's an amendment and a
4 second.
5 Ms. Eller, did you have something to add?
6 MS. ELLER: Mr. Chairman, if I may, the
7 bill itself currently includes the request to
8 reduce the setback in the front yard from 20 to
9 10 and reduce the setback from 10 to 5 on the
10 side yard. And so, therefore, the amendment
11 could be to grant the waiver as requested with
12 the condition that it be externally
13 illuminated.
14 MR. HOLT: Okay.
15 MR. KELLY: To clarify too, if I can, the
16 actual front yard setback reduction is not a
17 requirement of the zoning code, and there was
18 a -- some interpretations recently. And
19 actually in the clear reading of the definition
20 in the code, it's a 10-foot setback in spite of
21 any other provision for a yard requirement
22 within any other zoning districts.
23 So the front yard doesn't require -- I just
24 want to clarify that the side setback going
25 from -- is going from 10 to 5. And you said a
Diane M.
Tropia,
40
1 10-foot buffer. That would involve relocating
2 the sign, so . . .
3 MR. HOLT: Okay. Is that something that
4 you would support --
5 THE CHAIRMAN: What he's saying is you
6 can't have the 10-foot buffer because -- he's
7 just asking to put it 5 feet off the property
8 line.
9 Is that correct?
10 MR. MANN: That is correct, yes, sir. Off
11 the side property line and 10 feet off the front
12 property line.
13 MR. CLARK: That's where it stands today?
14 MR. MANN: That's where it stands today.
15 MR. HOLT: Okay. Well, I'd like to move
16 the amendment to grant the waiver where the
17 signs are -- currently stands, with the exterior
18 illumination.
19 MR. CLARK: Second.
20 THE CHAIRMAN: I can consider that a
21 friendly amendment.
22 Applicant, are you fine with that?
23 MR. MANN: Yes, sir, we are.
24 Mr. Kelly.
25 MR. KELLY: I would just say -- not being
Diane M.
Tropia,
41
1 Dylanesque, but do you have an authorization
2 letter before Tuesday?
3 MR. MANN: I will have one before Tuesday,
4 sir, since I just received this this afternoon.
5 THE CHAIRMAN: Any other questions on the
6 amendment?
7 COMMITTEE MEMBERS: (No response.)
8 THE CHAIRMAN: Ms. Eller, are we in good
9 order?
10 MS. ELLER: Yes, sir.
11 I believe you have enough information in
12 the record to support your decision to grant the
13 waiver with the modification that it will not be
14 internally illuminated.
15 THE CHAIRMAN: Okay. So the amendment
16 is to grant the waiver and to eliminate
17 externally -- Mr. Kelly.
18 MR. KELLY: To the Chair, we would remove
19 our objections if there is some -- a cutoff time
20 for the illumination of the sign, if after,
21 like, 9 o'clock or 10 o'clock at night the sign
22 illumination cuts off altogether.
23 MR. MANN: Could we say 10 o'clock,
24 Mr. Kelly?
25 MR. KELLY: That would be fine.
Diane M.
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42
1 THE CHAIRMAN: Is the applicant fine with
2 that?
3 MR. MANN: Yes, sir, we can live with that.
4 THE CHAIRMAN: Would you amend your
5 amendment?
6 MR. HOLT: I would be fine to -- that would
7 be fine with me, include that in my amendment to
8 grant the waiver.
9 MR. CLARK: Second.
10 THE CHAIRMAN: It's been moved and
11 seconded.
12 Any further discussion on this amendment?
13 COMMITTEE MEMBERS: (No response.)
14 THE CHAIRMAN: So now we have an amendment
15 with the blessing of the Planning Department and
16 the blessing of the district councilperson. I
17 love when it -- a plan comes together.
18 All right. All in favor say aye.
19 COMMITTEE MEMBERS: Aye.
20 THE CHAIRMAN: Those opposed.
21 COMMITTEE MEMBERS: (No response.)
22 THE CHAIRMAN: By your action, you have
23 approved the amendment, which grants the waiver.
24 Now we need a motion to move the bill.
25 MR. CLARK: So moved.
Diane M.
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43
1 MR. HOLT: Second.
2 THE CHAIRMAN: It's been moved and
3 seconded.
4 Any discussion on the bill?
5 COMMITTEE MEMBERS: (No response.)
6 THE CHAIRMAN: Any more discussion on the
7 bill?
8 COMMITTEE MEMBERS: (No response.)
9 THE CHAIRMAN: Seeing none, please open the
10 ballot.
11 (Committee ballot opened.)
12 MR. GRAHAM: (Votes yea.)
13 MR. CLARK: (Votes yea.)
14 DR. GAFFNEY: (Votes yea.)
15 MR. HOLT: (Votes yea.)
16 MR. REDMAN: (Votes yea.)
17 (Committee ballot closed.)
18 MS. LAHMEUR: Five yeas, zero nays.
19 THE CHAIRMAN: By your action, you have
20 approved 2008-366, which grants the waiver.
21 MR. MANN: Mr. Chairman, on behalf of
22 Missionary Tabernacle Baptist Church, we
23 appreciate your help and your indulgence.
24 Thank you.
25 THE CHAIRMAN: Councilmembers, 2008-407
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
44
1 and -408 are companions, so we will open the
2 public hearing on those two.
3 We have no speakers. We will close the
4 public hearing on those two.
5 MR. CLARK: Move the bill.
6 THE CHAIRMAN: We're moving -207 -- I'm
7 sorry, -407.
8 (Audience member approaches the podium.)
9 THE CHAIRMAN: Yes, sir. Would you like to
10 speak on -407 and -408?
11 AUDIENCE MEMBER: If you have any
12 questions.
13 THE CHAIRMAN: No, we don't have any
14 questions. Thank you, though.
15 The bill has been moved and seconded.
16 Any discussion on the bill?
17 COMMITTEE MEMBERS: (No response.)
18 THE CHAIRMAN: Seeing none, please open the
19 ballot.
20 (Committee ballot opened.)
21 MR. GRAHAM: (Votes yea.)
22 MR. CLARK: (Votes yea.)
23 DR. GAFFNEY: (Votes yea.)
24 MR. HOLT: (Votes yea.)
25 MR. REDMAN: (Votes yea.)
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
45
1 (Committee ballot closed.)
2 THE CHAIRMAN: Close the ballot and record
3 the vote.
4 MS. LAHMEUR: Five yeas, zero nays.
5 THE CHAIRMAN: By your action, you have
6 approved 2008-407.
7 2008-408. We have an amendment.
8 MR. CLARK: Move the amendment.
9 MR. HOLT: Second.
10 THE CHAIRMAN: The amendment has been moved
11 and seconded.
12 Can we hear the amendment, please.
13 MR. CROFTS: Yes, sir. The amendment is as
14 follows:
15 Condition number 1, "The development shall
16 be subject to the original legal description
17 dated April 16th, 2008."
18 Number 2, "The development shall be subject
19 to the original written description dated April
20 16th, 2008."
21 Number 3, "The development shall be subject
22 to the original site plan dated April 16th,
23 2008."
24 Condition number 4, "The development shall
25 be subject to the Development Services Division
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
46
1 memorandum dated May 16th, 2008, or as otherwise
2 approved by the Planning and Development
3 Department."
4 Condition number 5, "The development is
5 permitted either two monument signs not to
6 exceed 200 square feet in area and 20 feet in
7 height, or one monument sign not to exceed
8 250 square feet in area and 20 feet in height."
9 Condition number 6, "The development shall
10 comply with the Design Guidelines and Best
11 Practices Handbook, Section 1.7, Commercial
12 Lighting Principles and Guidelines."
13 Condition number 7, "The development shall
14 comply with the Design Guidelines and Best
15 Practices Handbook, Section 1.21, Architectural
16 Facade and Massing; and 1.22, Architectural
17 Facade and Articulation Design."
18 That concludes the amendment.
19 THE CHAIRMAN: Thank you.
20 Sir --
21 MR. KELLY: To the Chair --
22 THE CHAIRMAN: Sir, we're going to need you
23 to come back up forward.
24 AUDIENCE MEMBER: (Indicating.)
25 THE CHAIRMAN: Yes, sir.
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
47
1 MR. KELLY: With condition 6 and 7, I'd
2 like to just kind of caveat those two
3 conditions.
4 There's a lot of elements to the commercial
5 design guidelines, and some may or may not
6 apply. So if we could just have that at the
7 discretion of the Planning Department, with both
8 of those conditions, 6 and 7, subject to the
9 review and approval of the Planning and
10 Development Department, we'll be able to go
11 through those and find out which ones are
12 actually applicable to the site. It would be --
13 have some discretion instead of imposing
14 something that's not practical.
15 THE CHAIRMAN: Sir, did you hear the
16 amendment that they did to your rezoning?
17 AUDIENCE MEMBER: Number 6 and 7 just now,
18 I -- actually, I was not paying attention to 6
19 and 7.
20 MR. KELLY: To the applicant, at the
21 Planning Commission -- this was before the 4th
22 of July. There was additional conditions that
23 were added on at the Planning Commission meeting
24 that relate to the Commercial Design Guidelines
25 and Best Practices Manual, specifically -- in
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
48
1 dealing with the lighting, basically having them
2 visually screened and cutoffs, height
3 limitations on the poles. Additionally, the
4 architectural elements and the -- have to be
5 incorporated as well.
6 Typically, these are things that we're
7 implementing through the review process,
8 incorporating into the PUD rezonings. And so
9 it's discretionary with the caveat, when we add
10 to the condition -- subject to the review in
11 our -- subject to the Planning Department review
12 and approval.
13 So there is -- it leaves it more flexible
14 as we go through the verification process, what
15 we're asking for, compliance with these specific
16 sections in these -- in the design guidelines.
17 You know, it gives us that discretion to either
18 impose it or to not requirement it.
19 AUDIENCE MEMBER: All right.
20 THE CHAIRMAN: Are you okay with those
21 amendments?
22 AUDIENCE MEMBER: I'm okay.
23 I mean, the way I understand, that it is
24 somewhat flexible, that we can -- it is their
25 discretion. It would be more like a discussion
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
49
1 with them.
2 THE CHAIRMAN: That's correct.
3 AUDIENCE MEMBER: Yes, that's fine.
4 THE CHAIRMAN: All right. Thank you, sir.
5 AUDIENCE MEMBER: Thank you.
6 THE CHAIRMAN: We are on 2008-408 as
7 amended.
8 We have a motion and a second. Any further
9 discussion on the amendment?
10 COMMITTEE MEMBERS: (No response.)
11 THE CHAIRMAN: Seeing none, all in favor
12 say aye.
13 COMMITTEE MEMBERS: Aye.
14 THE CHAIRMAN: Those opposed.
15 COMMITTEE MEMBERS: (No response.)
16 THE CHAIRMAN: By your action, you've
17 approved the amendment.
18 MR. HOLT: Move the bill as amended.
19 MR. CLARK: Second.
20 THE CHAIRMAN: The bill's been moved and
21 seconded as amended.
22 Any further discussion on the bill?
23 COMMITTEE MEMBERS: (No response.)
24 THE CHAIRMAN: Seeing none, please open the
25 ballot.
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
50
1 (Committee ballot opened.)
2 MR. GRAHAM: (Votes yea.)
3 MR. CLARK: (Votes yea.)
4 DR. GAFFNEY: (Votes yea.)
5 MR. HOLT: (Votes yea.)
6 MR. REDMAN: (Votes yea.)
7 (Committee ballot closed.)
8 THE CHAIRMAN: Close the ballot and record
9 the vote.
10 MS. LAHMEUR: Five yeas, zero nays.
11 THE CHAIRMAN: By your action, you have
12 approved 2008-408.
13 Top of page 10. 2008-409 and -410 are
14 companions. We'll open the public hearing on
15 both of those.
16 Do we have anybody wishing to speak on -409
17 or -410?
18 AUDIENCE MEMBERS: (No response.)
19 THE CHAIRMAN: Seeing none, we'll close the
20 public hearing on both of those.
21 We're on -409.
22 MR. HOLT: Move the bill.
23 MR. CLARK: Second.
24 THE CHAIRMAN: The bill's been moved and
25 seconded.
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
51
1 Any discussion on the bill?
2 COMMITTEE MEMBERS: (No response.)
3 THE CHAIRMAN: Seeing none, please open the
4 ballot.
5 (Committee ballot opened.)
6 MR. GRAHAM: (Votes yea.)
7 MR. CLARK: (Votes yea.)
8 DR. GAFFNEY: (Votes yea.)
9 MR. HOLT: (Votes yea.)
10 MR. REDMAN: (Votes yea.)
11 (Committee ballot closed.)
12 THE CHAIRMAN: Close the ballot and record
13 the vote.
14 MS. LAHMEUR: Five yeas, zero nays.
15 THE CHAIRMAN: By your action, you have
16 approved 2008-409.
17 2008-410.
18 MR. HOLT: Move the bill.
19 MR. CLARK: Second.
20 THE CHAIRMAN: The bill's been moved and
21 seconded.
22 Any discussion on the bill?
23 COMMITTEE MEMBERS: (No response.)
24 THE CHAIRMAN: Seeing none, please open the
25 ballot.
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
52
1 (Committee ballot opened.)
2 MR. GRAHAM: (Votes yea.)
3 MR. CLARK: (Votes yea.)
4 DR. GAFFNEY: (Votes yea.)
5 MR. HOLT: (Votes yea.)
6 MR. REDMAN: (Votes yea.)
7 (Committee ballot closed.)
8 THE CHAIRMAN: Close the ballot and record
9 the vote.
10 MS. LAHMEUR: Five yeas, zero nays.
11 THE CHAIRMAN: By your action, you have
12 approved 2008-410.
13 2008-411 and -412, they're companions, so
14 we will open the public hearing on those two.
15 Seeing nobody wanting to speak, we're going
16 to close the public hearing on those two and
17 we're told -- Mr. Clark.
18 MR. CLARK: Thank you, Mr. Chairman.
19 Both of those properties -- or the property
20 here is actually being turned into a big pond
21 for current road construction, so there is
22 clearly no need to make any kind of zoning
23 change whatsoever to the property.
24 And I've talked to the applicant and owner,
25 both of whom have said they'd be happy to
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
53
1 just -- well, I don't know if "happy" is the
2 word, but it should be withdrawn.
3 THE CHAIRMAN: Is that a motion?
4 MR. CLARK: Yeah. I'd like to move to
5 withdraw.
6 MR. HOLT: Second.
7 THE CHAIRMAN: It's been moved and seconded
8 to withdraw.
9 Any further discussion on the withdrawal?
10 COMMITTEE MEMBERS: (No response.)
11 THE CHAIRMAN: Seeing none, please open the
12 ballot.
13 (Committee ballot opened.)
14 MR. GRAHAM: (Votes yea.)
15 MR. CLARK: (Votes nay.)
16 DR. GAFFNEY: (Votes yea.)
17 MR. HOLT: (Votes yea.)
18 MR. REDMAN: (Votes yea.)
19 (Committee ballot closed.)
20 THE CHAIRMAN: Close the ballot and record
21 the vote.
22 MS. LAHMEUR: Four yeas, one nay.
23 THE CHAIRMAN: By your action, you have
24 withdrawn --
25 MR. CLARK: I hit the wrong button.
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1 THE CHAIRMAN: Would you like to --
2 MR. CLARK: Move to reconsider.
3 THE CHAIRMAN: Would one of you guys like
4 to move to reconsider?
5 MR. HOLT: Move to reconsider.
6 MR. CLARK: Second.
7 THE CHAIRMAN: It's been moved and seconded
8 to reconsider.
9 All in favor say aye.
10 COMMITTEE MEMBERS: Aye.
11 THE CHAIRMAN: Okay. Now we'd like to open
12 the ballot for -411.
13 (Committee ballot opened.)
14 MR. GRAHAM: (Votes yea.)
15 MR. CLARK: (Votes yea.)
16 DR. GAFFNEY: (Votes yea.)
17 MR. HOLT: (Votes yea.)
18 MR. REDMAN: (Votes yea.)
19 (Committee ballot closed.)
20 MS. LAHMEUR: Five yeas, zero nays.
21 THE CHAIRMAN: By your action, you've
22 withdrawn 2008-411.
23 2008-412.
24 MR. CLARK: Move to withdraw.
25 MR. HOLT: Second.
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1 THE CHAIRMAN: It's been moved and seconded
2 to withdraw -412.
3 Any discussion on the withdrawal?
4 COMMITTEE MEMBERS: (No response.)
5 THE CHAIRMAN: Seeing none, open the
6 ballot.
7 (Committee ballot opened.)
8 MR. GRAHAM: (Votes yea.)
9 MR. CLARK: (Votes yea.)
10 DR. GAFFNEY: (Votes yea.)
11 MR. HOLT: (Votes yea.)
12 MR. REDMAN: (Votes yea.)
13 (Committee ballot closed.)
14 THE CHAIRMAN: Close the ballot and record
15 the vote.
16 MS. LAHMEUR: Five yeas, zero nays.
17 THE CHAIRMAN: By your action, you have
18 withdrawn 2008-412.
19 Top of page 11. 2008-413 and -414.
20 They're companions. I'd like to open the public
21 hearings on both.
22 No speakers. We will continue both and
23 take no further action.
24 2008-415 and -416, companions. We'll open
25 the public hearing on those two, and we have a
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
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1 couple of people who want to speak. We have
2 Rosemarie Smith, followed by Woody Smith.
3 Mr. Smith, if you would come down so you
4 can speak after Rosemarie, followed by Valerie
5 Sermons.
6 You might as well come on down. There's
7 plenty of seats up front.
8 (Audience member approaches the podium.)
9 AUDIENCE MEMBER: My comments on this bill
10 are that it's a neighborhood, it's a small
11 residential neighborhood with homes spread
12 throughout it. And if this does go in there,
13 it's going to create problems in the
14 neighborhood like -- nobody knows what kind of
15 impact it's -- nobody seems to have done an
16 impact study on the land, the water table, and
17 the streets. And their land is kind of low
18 lying, so it could -- it would have to be built
19 up, which would, in turn, cause flooding in the
20 rest of the neighborhood if it floods.
21 And I think it's not in compliance with the
22 2010 Comprehensive Plan that says they should
23 promote redevelopment of existing commercial
24 areas and permitting new areas to commercialize,
25 and also permit expansion of commercial uses
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1 adjacent to residential areas only if such
2 expansion maintains the residential character of
3 the neighborhood.
4 And I don't think it's going to maintain
5 the residential character of the neighborhood if
6 it has a bunch of fast-food restaurants and
7 drive-in banking and a whole bunch of strip
8 malls. And we've got a lot of empty strip malls
9 around there as it is right now that haven't
10 been filled, and they've been out there one to
11 two years.
12 And so that -- that's my point, the
13 commercial in it.
14 And also it could cause traffic to run into
15 the neighborhood. And issue 3.2.5 of the 2010
16 Comprehensive Plan said that the roads should
17 prohibit the location of neighborhood commercial
18 uses interior to residential neighborhoods in a
19 manner that will encourage the use of local
20 streets for nonresidential traffic.
21 Now, there is nothing but local streets all
22 around there, except for Lem Turner Road.
23 That's the only place that has any commercial
24 activity on it at all, and it's very minimal.
25 And that's pretty much what I needed to
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1 comment on.
2 THE CHAIRMAN: Okay. Ma'am, I also need
3 you to give your name and address for the
4 record, please.
5 AUDIENCE MEMBER: My name is Rosemarie
6 Smith. I live at 3335 Snell Street, and that's
7 in Garden City.
8 THE CHAIRMAN: Thank you, ma'am.
9 MS. SMITH: And it's kind of like a little
10 fishing hole. You know, you find a favorite
11 fishing hole. You don't tell everybody about
12 that fishing hole because it's a nice one.
13 THE CHAIRMAN: Thank you, ma'am.
14 Mr. Woody Smith.
15 (Audience member approaches the podium.)
16 THE CHAIRMAN: My name is Woody Smith, 3335
17 Snell Street.
18 I'd like to start off by stating I have
19 lived in the neighborhood for over 30 years, and
20 the applicant is portraying this as an emerging
21 commercial area. There has been no commercial
22 development in that area in 30 years, other than
23 a Wal-Mart and a Home Depot, which is north of
24 our property.
25 All the emphasis seems to be on Lem Turner
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1 Road, but nobody's taken into consideration that
2 small portion of Lem Turner Road. The biggest
3 portion, up, like, four blocks, is very into the
4 heart of our neighborhood, going on to all of
5 our secondary streets, which are load rated at
6 five ton.
7 The staff report from the Planning and
8 Development Department says that the -- would
9 adversely impact Lem Turner Road, which is
10 currently operating at a level of service F.
11 The area road network cannot accommodate traffic
12 generated by this proposal.
13 Well, if Lem Turner can't, I'm certainly,
14 you know, sure that our little neighborhood
15 five-ton streets can't.
16 They're also portraying it, like I say, as
17 a -- an emerging commercial area. I've got a --
18 field notes from the Planning Department here,
19 if you'd like to have them, that -- the proposed
20 property, there's no commercial around it
21 anywhere. We're talking blocks from -- from the
22 proposed property here up to Dunn Avenue.
23 In the 30 years that I've been living
24 there, there's only been one commercial property
25 rezoned to commercial, and that's one block off
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1 of Dunn Avenue, and it's a little roofing
2 company that actually just turned a house into a
3 commercial business.
4 The quality of life, it would definitely be
5 changed by adding in the extra traffic. We've
6 got people that ride around with their kids on
7 bicycles, roller-skates, you know, without the
8 fear of being run over, you now, by the excess
9 traffic.
10 I just think it's the wrong deal to -- to
11 rezone that to -- as a retail property in
12 there. We've got -- I can have any type of
13 hamburger, pizza, steak, or anything within
14 three minutes of my house and the surrounding
15 areas. Why we need to throw retail property in
16 there -- I think it's just a waste.
17 Thank you.
18 THE CHAIRMAN: Sir, first I've got a
19 question for you.
20 You said that Lem Turner Road is an F road
21 right now?
22 MR. SMITH: That's what they're stating in
23 their Planning --
24 THE CHAIRMAN: If Lem Turner is an F road,
25 then how is this going to add any more traffic
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1 to an F road?
2 MR. SMITH: Well, that -- it states right
3 here, "which is currently operating at a level
4 of service F."
5 THE CHAIRMAN: Well, no. My question is --
6 you made it sound like that if not for this
7 project, kids can go out and roller-skate up and
8 down the road. But now if you put this project
9 down here, kids may get run down by traffic.
10 MR. SMITH: I'm talking about the
11 residential area streets in the neighborhood.
12 If you've got entrances coming out of the
13 commercial entity into our neighborhood --
14 THE CHAIRMAN: Okay. So if there's not
15 entrances that go in and out of your
16 neighborhood, then you're fine with this; is
17 that what you're saying?
18 MR. SMITH: Well, I'm not fine with it, no,
19 sir, because I don't feel that we need any
20 commercial property in that neighborhood.
21 But what I'm saying is, it -- the streets
22 in that neighborhood are not rated for
23 commercial traffic. They're five ton.
24 You put a drive-thru restaurant in there,
25 the garbage trucks that come at 4 o'clock in the
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1 morning, waking the neighborhood up to pick up
2 their dumpsters and stuff weigh over five tons.
3 Service vehicles that service and supply the
4 food --
5 THE CHAIRMAN: Sir, you need to pick that
6 microphone up.
7 MR. SMITH: I'm sorry.
8 Service vehicles that supply the food and
9 everything to these restaurants and to entities
10 like that weigh over five tons, so our streets
11 are definitely going to be affected.
12 THE CHAIRMAN: Okay. Hold on just a
13 second.
14 We've got a question from Mr. Holt.
15 MR. HOLT: Thank you, Mr. Chair.
16 I wanted to kind of wait until both you of
17 you had spoken so I could ask my questions.
18 Ms. Smith, if you wanted to come up and
19 have a comment as well -- I wanted to kind of
20 double up and save some time.
21 It seems to me that both of you commented
22 on a couple of items. One, the preliminary --
23 or proposed site plan that Mr. Harden had
24 presented did include an exit over to Harbison,
25 and it seems like both of you are adamantly
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1 opposed to that.
2 MR. SMITH: (Nods head.)
3 MR. HOLT: That was one of your reasons to
4 being -- to being opposed to it?
5 MS. SMITH: (Nods head.)
6 MR. HOLT: Also, having commercial/retail
7 is something that you said that you were
8 adamantly opposed to?
9 MR. SMITH: Yes, sir.
10 MR. HOLT: If the eventual rezoning were to
11 come back with some sort of office use that
12 would not entail retail that ran until late
13 hours of the night and removed the entrance to
14 Harbison and landscaped that area so that you
15 didn't see it, would you still be opposed to
16 this rezoning?
17 MR. SMITH: I'm -- well, we could live with
18 that. I mean, it's -- we're going to have to
19 live with whatever decision y'all make, but --
20 MR. HOLT: Okay. Well, I just wanted to
21 get an idea of --
22 MR. SMITH: I would take the opportunity to
23 invite anybody that has not been into the area
24 to come out and look and see what I'm talking
25 about --
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
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1 MS. SMITH: You've got my address. Come on
2 down.
3 MR. HOLT: Okay. Well, I just wanted to
4 get an idea of what your opposition is based
5 on. And if the applicant is willing to agree to
6 those kind of things, then -- we'll find out,
7 and then maybe we can move forward with it,
8 maybe we can't, but I'd like to try to find out
9 exactly what you're opposed to and see if he
10 is.
11 So thank you for coming down and letting us
12 speak to you.
13 MR. SMITH: Thank you very much for hearing
14 us.
15 THE CHAIRMAN: Thank you.
16 MR. HOLT: And I would just say if -- I
17 know we have one other speaker.
18 THE CHAIRMAN: Yes.
19 MR. HOLT: If there's anything specific
20 that you wanted to address that you're opposed
21 to, please do that so that I can understand your
22 comments.
23 (Audience member approaches the podium.)
24 THE CHAIRMAN: Ms. Sermons, name and
25 address for the record, please.
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1 AUDIENCE MEMBER: My name is Ms. Valerie
2 Sermons, and I live at 3405 Snell Street.
3 THE CHAIRMAN: You can pull that down.
4 MS. SERMONS: All right.
5 THE CHAIRMAN: There you go.
6 MS. SERMONS: All right. Thank you.
7 I'm a concerned resident. I live there.
8 I've been living there for three years. I like
9 it. It's quiet. If I feel that I want to get
10 up at 3 or 4 o'clock in the morning and do
11 laundry -- which I have my own little wash area
12 up in my garage, you know, I feel safe. I can
13 sit outside on my patio.
14 And I feel that -- like, if they're going
15 to be bringing in stores, you know, like, in
16 back of me, you know, like, that's bringing in
17 crime and loudness. And, you know, I really
18 like the area.
19 So that's what I wanted to say since I am a
20 concerned resident.
21 THE CHAIRMAN: Okay.
22 MS. SERMONS: Thank you.
23 THE CHAIRMAN: Thank you, ma'am.
24 No further speakers, so we will continue
25 the public hearing and take no action on
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1 2008-415 and -416.
2 Committee members, if I can get you to turn
3 over to page 5, the one that we skipped over,
4 2007-1085.
5 We will open the public hearing on -1085.
6 We have a speaker, Ms. Alberta Hipps.
7 (Ms. Hipps approaches the podium.)
8 MS. HIPPS: Thank you, Mr. Chairman.
9 Alberta Hipps, 1650 Margaret Street.
10 Appreciate you going back to me, and sorry
11 I had to ask you to defer until I got here.
12 This is a project that is -- a project on
13 Noroad, out on the Westside. It's in Councilman
14 Davis's district, and we've been working on
15 this. It's a Phase II of a subdivision that
16 went in Phase I, and we're -- have reviewed all
17 the information from the Planning Department and
18 agree with everything, and we're -- appreciate
19 your vote of support.
20 THE CHAIRMAN: Thank you, Ms. Hipps.
21 Seeing no further speakers, we'll close the
22 public hearing.
23 There's an amendment.
24 MR. HOLT: Move the amendment.
25 MR. CLARK: Second.
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1 THE CHAIRMAN: The amendment's been moved
2 and seconded.
3 Planning Department.
4 MR. CROFTS: The amendment is as follows:
5 Condition number 1, "The development shall
6 be subject to the revised legal description
7 dated June 26, 2008."
8 Number 2, "The development shall be subject
9 to the revised written description dated June
10 10th, 2008."
11 Number 3, "The development shall be subject
12 to the revised site plan dated May 5th, 2008."
13 Number 4 and finally, "The development
14 shall be subject to the Development Services
15 memorandum dated October 8th, 2007, or as
16 otherwise approved by the Planning and
17 Development Department."
18 Thank you.
19 THE CHAIRMAN: Is that the amendments as
20 you know, Ms. Hipps?
21 MS. HIPPS: Yes.
22 THE CHAIRMAN: Indicate that she said yes.
23 Okay. Any other questions on the
24 amendment?
25 COMMITTEE MEMBERS: (No response.)
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1 THE CHAIRMAN: All in favor of the
2 amendment say aye.
3 COMMITTEE MEMBERS: Aye.
4 THE CHAIRMAN: Those opposed.
5 COMMITTEE MEMBERS: (No response.)
6 THE CHAIRMAN: By your action, you've
7 approved the amendment.
8 MR. HOLT: Move the bill as amended.
9 MR. CLARK: Second.
10 THE CHAIRMAN: The bill's been moved and
11 seconded as amended.
12 Any discussion on the bill?
13 COMMITTEE MEMBERS: (No response.)
14 THE CHAIRMAN: Seeing none, please open the
15 ballot.
16 (Committee ballot opened.)
17 MR. GRAHAM: (Votes yea.)
18 MR. CLARK: (Votes yea.)
19 DR. GAFFNEY: (Votes yea.)
20 MR. HOLT: (Votes yea.)
21 MR. REDMAN: (Votes yea.)
22 (Committee ballot closed.)
23 THE CHAIRMAN: Close the ballot and the
24 record the vote.
25 MS. LAHMEUR: Five years, zero nays.
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1 THE CHAIRMAN: By your action, you have
2 approved 2007-1085.
3 MS. HIPPS: Thank you for your time.
4 THE CHAIRMAN: Councilmembers, now if we
5 could flip back over to the top of page 12.
6 2008-417 and -418 are companions. We'll open
7 the public hearing on both of those.
8 Seeing no speakers, we'll continue the
9 public hearings and take no action.
10 2008-419 and -420, companions. We'll open
11 the public hearing on those two.
12 We have Mr. Mann.
13 (Mr. Mann approaches the podium.)
14 MR. MANN: Mr. Chairman, I'm on -21.
15 Oh, I'm sorry. I don't know what I've
16 got.
17 I'm just here for questions. When I turned
18 in my card this evening, I didn't know whether
19 it was going to be heard or not. I heard a
20 rumor that it might, so -- I'm only here for
21 questions, or if there's no questions, I'll sit
22 down and shut up.
23 THE CHAIRMAN: All right. Well, there's
24 one question.
25 Mr. Holt.
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1 MR. HOLT: It's not specifically for
2 Mr. Mann, but I was told -- I received a memo
3 about changes from the State pertaining -- that
4 would affect this. It's a change in the RPI
5 designation.
6 You know what I'm talking about,
7 Ms. Eller? And it's going to kick us over into
8 a large scale land use.
9 Can you tell us how we're going to handle
10 this? Because it basically puts these people in
11 a position of operating a medical facility with
12 improper zoning.
13 MS. ELLER: Through the Chair to
14 Councilmember Holt, what has happened is -- in
15 the past, we adopted small scale amendments to
16 the RPI designation and to several other
17 designations and they were permitted to go
18 through State review as a small scale amendment,
19 which, as you all know, means that it's just one
20 shot here at the council, it goes up to DCA, and
21 then it's effective 30 days later if they don't
22 object.
23 What has happened is the DCA has changed
24 their policy regarding how we process small
25 scale amendments. There is a requirement in the
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1 statute whereby if you are going to a land use
2 category that exceeds a certain number of
3 residential units as a potential -- even if
4 you're not planning to develop the residential
5 portion, if you're planning on doing the
6 professional, institutional side.
7 If you're going to a land use category that
8 allows a certain number of residential units,
9 they don't permit you to process those as small
10 scales.
11 Now, we were solving that problem because
12 anytime someone was going to one of these
13 districts, we would make sure that they weren't
14 going to trump that residential threshold and
15 we'd ask them to put in some restrictions and
16 we'd make sure their PUDs and their companion
17 rezonings would not trump that threshold, but
18 that's no longer sufficient.
19 And so what we have is a batch of small
20 scales that have actually already been passed by
21 the council, a batch that are pending right now
22 and some that are -- that were very close to
23 being introduced, and they're all going to have
24 to be lumped into our next semiannual
25 transmittal series, meaning that they will have
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1 to go to Tallahassee for review, and then come
2 back, and then go through adoption for -- on
3 that second part.
4 So we are working with DCA to come up with
5 a solution whereby we add some language into the
6 text of our comp plan that clearly outlines the
7 process that we had been doing to ensure that we
8 weren't trumping these residential densities.
9 And we're hopeful that if we go ahead and codify
10 in our comp plan what we were doing to ensure
11 that we weren't just, you know, across the board
12 increasing residential density into the small
13 scale process without any review, that if we do
14 that, then they'd be okay with allowing us to go
15 back to doing small scales that would include
16 residential densities that are greater than our
17 MDR.
18 So we're trying to come up with a solution
19 that will let us continue what we've always been
20 doing, but in the meantime they've rejected us
21 using the small scale process for those types of
22 land use map amendments.
23 MR. HOLT: Okay. Thank you.
24 Mr. Chair, I just have two more questions
25 for Ms. Eller.
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1 First, is there any other zoning that this
2 type of use could be under? It's something of a
3 medical facility that -- they're doing sonograms
4 there. It's a pregnancy center.
5 If you have any suggestions, I would love
6 to hear them.
7 Secondly, from an enforcement standpoint,
8 since this is kind of a situation where the
9 State has put these folks in limbo, I assume
10 we're going to hold off on anything -- any
11 enforcement on that?
12 MS. ELLER: That is typically our approach
13 once they've come forward and they're trying to
14 obviously comply with what they need to comply
15 with and now they're just being held up by
16 another agency. So we -- the City typically
17 does not move forward with issuing, you know,
18 daily zoning code violation citations.
19 And I'll defer to the Planning Department.
20 I do see that their request is -- does have
21 a residential component that would have to be
22 changed no matter what. If we're talking about
23 -419 and -420, it looks like they're asking to
24 go from LDR and CGC to RPI, as well as RLD-G and
25 CCG-2 to their PUD. So that residential
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
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1 component may be the real kicker there that --
2 whereas we could fit their use perhaps within
3 the CGC component. It's that residential piece
4 that really has to be changed somehow.
5 MR. KELLY: Through the Chair to Councilman
6 Holt, within the LDR category the use would be
7 permitted as a secondary zoning district in CO
8 except that there's secondary zoning criteria
9 that requires it to be essentially at the
10 intersection of two collector streets or
11 higher.
12 And, in this instance, because it didn't
13 meet that secondary criteria, essentially
14 they're into the PUD and they're, again,
15 requesting the land use to be consistent with
16 that.
17 THE CHAIRMAN: You didn't say "node," did
18 you? We hate that word.
19 Okay. Mr. Holt, any questions?
20 MR. HOLT: No.
21 THE CHAIRMAN: Okay. Seeing no further
22 speakers, we will continue that public hearing
23 and take no further action on -19 or -20.
24 Top of page 13. 2008-435. We'll open the
25 public hearing.
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1 (Mr. Mann approaches the podium.)
2 MR. MANN: Mr. Chairman, Charles Mann, 165
3 Arlington Road, representing the landowner.
4 Do you have any other speaker cards on
5 this?
6 THE CHAIRMAN: No. I don't even have your
7 speaker card on this.
8 MR. MANN: I turned it in.
9 THE CHAIRMAN: Go ahead, Mr. Mann.
10 MR. MANN: Mr. Chairman, this is a site
11 that was previously approved for 192 units at
12 the end of Jane Street, next to 9A, in the
13 Arlington area. This is just south of Merrill
14 Road, just east of 9A.
15 We're requesting an increase in the number
16 of units to 270. They will be for rental
17 purposes or for townhouse purposes, fee simple
18 ownership, just to expand our market presence or
19 our market potential of selling the property,
20 and we request your support.
21 We've worked very closely and addressed the
22 issues with the area councilman.
23 Thank you.
24 THE CHAIRMAN: Thank you, sir.
25 Seeing no further speakers, we'll close the
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1 public hearing.
2 There's an amendment.
3 MR. CLARK: Move the amendment.
4 DR. GAFFNEY: Second.
5 THE CHAIRMAN: The amendment's been moved
6 and seconded.
7 Can we hear the amendment, please.
8 MR. KELLY: Thank you.
9 Through the Chair to the committee members,
10 the amendment is as follows:
11 Condition 1, "The developer shall be
12 subject to the original legal description dated
13 March 24th, 2008."
14 Condition 2, "The developer shall be
15 subject to the original" -- "the revised written
16 description dated May 22nd, 2008."
17 Condition 3, "The developer shall be
18 subject to the original site plan dated January
19 2008."
20 I believe there's a date on that. I will
21 clarify that.
22 Condition 4, "The required transportation
23 improvements shall be made in accordance with
24 the Development Services memorandum dated June
25 19th, 2008, and the Transportation Division's
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1 memorandum dated June 11th, 2008, or as
2 otherwise approved by the Planning and
3 Development Department."
4 Condition 5, "A 5-foot-wide sidewalk shall
5 be provided along Jane Road from the southerly
6 entrance of the development to Merrill Road."
7 And condition 6, "A City standard
8 cul-de-sac or a T-turnaround within the existing
9 right-of-way shall be required at the southerly
10 terminus of Jane Road or at the southern
11 entrance of the development."
12 Condition 7, "There shall be an
13 8-foot-high, 95 percent opaque wall or vinyl
14 fence and a 4-inch caliper evergreen tree spaced
15 for every 25 feet along the 9A frontage. The
16 trees shall be located within the easement or
17 within a 10-foot-wide landscape buffer provided
18 by the owner."
19 THE CHAIRMAN: Mr. Mann, are you --
20 MR. MANN: Mr. Chairman, we're in agreement
21 with that.
22 THE CHAIRMAN: Okay. Any discussion --
23 further discussion on the amendment?
24 COMMITTEE MEMBERS: (No response.)
25 THE CHAIRMAN: Seeing none, all in favor
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
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1 say aye.
2 COMMITTEE MEMBERS: Aye.
3 THE CHAIRMAN: Those opposed.
4 COMMITTEE MEMBERS: (No response.)
5 THE CHAIRMAN: By your action, you've
6 approved the amendment.
7 MR. CLARK: Move the bill as amended.
8 MR. HOLT: Second.
9 THE CHAIRMAN: The bill's been moved and
10 seconded as amended.
11 Any discussion on the bill?
12 COMMITTEE MEMBERS: (No response.)
13 THE CHAIRMAN: Seeing none, please open the
14 ballot.
15 (Committee ballot opened.)
16 MR. GRAHAM: (Votes yea.)
17 MR. CLARK: (Votes yea.)
18 DR. GAFFNEY: (Votes yea.)
19 MR. HOLT: (Votes yea.)
20 MR. REDMAN: (Votes yea.)
21 (Committee ballot closed.)
22 THE CHAIRMAN: Close the ballot and record
23 the vote.
24 MS. LAHMEUR: Five yeas, zero nays.
25 THE CHAIRMAN: By your action, you've
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1 approved 2008-435.
2 MR. MANN: Mr. Chairman, committee, thank
3 you very much.
4 THE CHAIRMAN: Thank you, Mr. Mann.
5 2008-436. Open the public hearing. We
6 have one speaker, Ed Brown.
7 (Audience member approaches the podium.)
8 THE CHAIRMAN: Mr. Brown, name and address
9 for the record, please.
10 AUDIENCE MEMBER: Yes.
11 My name is Ed Brown, 2370 Windchime Drive,
12 Jacksonville, Florida 32224.
13 I'm with Brown Enterprises and I'm
14 representing First Atlantic Bank.
15 The committee, hopefully, has received this
16 handout that I had given out earlier?
17 THE CHAIRMAN: Yes.
18 MR. BROWN: Okay. Great.
19 We have come and asked if we could have a
20 waiver -- a sign waiver, so we could have our
21 sign closer to the property line so the ten foot
22 setback is a zero setback due to the odd nature
23 of the property line being already about ten
24 feet back from the sidewalk.
25 So that, I see, has been granted by the
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1 committee, which I certainly appreciate, but
2 they had also made a recommendation which we
3 would like to discuss, which is to make the sign
4 as was shown above, as a pylon sign. They want
5 to make it into a monument-style sign, which
6 I've shown below on the first sheet.
7 We do have some objections to having to do
8 that. The CCG-2 zoning that we have allows us
9 to have a sign that's 50 feet high, 300 square
10 feet, and we're only asking for something that's
11 16 feet high and 35 square feet, so it's a much,
12 much smaller sign, and we -- we think for
13 several reasons that it's a better designed
14 sign than what we had come up with, the
15 monument-style sign.
16 One of the main thrusts that we'll make is
17 that the monument-style sign that is so big is
18 an area for someone to hide behind, to ambush
19 someone. This is a bank. There's an ATM on the
20 front of the building. We would really prefer a
21 smaller pole cover, like on the pylon sign, so
22 we wouldn't have that ease of someone to be able
23 to hide and ambush someone coming out of the
24 bank or using the ATM.
25 The other part of it, of course, is just --
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1 as you can see, it's just a big, very clunky
2 sign that kind of blocks the architecture of the
3 building.
4 So for those reasons, we would really
5 request that we could have the sign that we're
6 entitled to under the CCG-2 zoning and leave it
7 as it is, but we'd certainly appreciate the
8 waiver that was recommended for the zero line
9 setback.
10 Any questions?
11 THE CHAIRMAN: No.
12 MR. BROWN: We have -- also have given on
13 the second page, kind of a detailed drawing of
14 the signs. And then on the very back page,
15 we've given some examples of other bank signs
16 that are pylon signs here in Jacksonville as
17 well.
18 So we think we're in conformance with
19 everything. We're staying with the way a lot of
20 bank signs are these days and we think we made a
21 very nice looking sign. It will be the nicest
22 sign on Normandy Boulevard.
23 THE CHAIRMAN: Thank you, sir.
24 MR. BROWN: Thank you.
25 THE CHAIRMAN: Seeing no further speakers,
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1 we'll close the public hearing.
2 Planning Department, tell us about this
3 amendment.
4 MR. KELLY: Thank you.
5 Through the Chair to the committee,
6 ordinance 2008-436 seeks a reduction in the
7 required sign setback from ten feet to
8 zero feet.
9 The subject property is located at 5665
11 Avenue.
12 The department is recommending approval of
13 this. It is a unique situation given the
14 right-of-way dimensions and the additional open
15 space and greenspace that is right-of-way and
16 beyond the sidewalk. So it does create a
17 hardship to the property owner.
18 The condition for approval is for a
19 monument sign. It's purely an aesthetic reason,
20 really, that condition. The department feels
21 that a -- monument-style signs are just
22 aesthetically more in keeping with the newer
23 commercial character and redevelopment
24 improvements that we see.
25 Although, you know, just based on the
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1 aesthetics, we don't really have too many other
2 concerns. He made a rational point about the
3 CPTED, which is the crime prevention through
4 environmental design, given the outdoor ATM.
5 That was something I don't think we
6 contemplated, potential hiding places for
7 would-be criminals, I guess.
8 So we would withdraw our objections to the
9 sign type, but, again, would -- specifically
10 would like the -- maybe the condition amended to
11 reflect the exhibit, which is the height and the
12 sign area that's proposed.
13 THE CHAIRMAN: Okay. The question I have,
14 the zero setback, is that off the base of the
15 sign or off the external edge of the sign?
16 MR. KELLY: It's the part that overhangs,
17 so that's basically going right to the
18 right-of-way line.
19 THE CHAIRMAN: So basically if this sign
20 is -- just looking at this -- five feet wide,
21 he's going to be two feet inside the property
22 line. So the sign doesn't hang over the
23 right-of-way; is that correct?
24 MR. KELLY: No. He's not proposing to
25 encroach the right-of-way.
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1 The furthest extent of that sign will be on
2 the right-of-way line. The actual pylon will be
3 set back about three feet or so from the --
4 THE CHAIRMAN: That's my point.
5 Okay. Are you fine with all those
6 amendments?
7 MR. BROWN: I'm not sure I understood the
8 last thing that you were asking for, the height
9 of it.
10 Are you okay with the 16-foot-high --
11 MR. KELLY: Yes. Correct.
12 We would just adopt the exhibit that you
13 submitted and basically, you know, condition it,
14 approved per the sign area and the height as
15 shown in your exhibit.
16 MR. BROWN: Great. Wonderful. Yes, sir.
17 THE CHAIRMAN: Basically he's saying that
18 you have to build what you say you're going to
19 build.
20 MR. BROWN: I'm sorry. I couldn't hear
21 you.
22 THE CHAIRMAN: I said basically he's saying
23 you've got to build what you say you're going to
24 build.
25 MR. BROWN: Okay.
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1 THE CHAIRMAN: All right. Any further
2 discussion on the amendment?
3 COMMITTEE MEMBERS: (No response.)
4 THE CHAIRMAN: Seeing none, all in favor
5 say aye.
6 COMMITTEE MEMBERS: Aye.
7 THE CHAIRMAN: Those opposed.
8 COMMITTEE MEMBERS: (No response.)
9 THE CHAIRMAN: By your action, you've
10 approved the amendment.
11 MR. CLARK: Move the bill as amended to
12 grant the waiver.
13 MR. HOLT: Second.
14 THE CHAIRMAN: The bill's been moved and
15 seconded as amended to grant the waiver.
16 Any further discussion on the bill?
17 COMMITTEE MEMBERS: (No response.)
18 THE CHAIRMAN: Seeing none, please open the
19 ballot.
20 (Committee ballot opened.)
21 MR. GRAHAM: (Votes yea.)
22 MR. CLARK: (Votes yea.)
23 MR. HOLT: (Votes yea.)
24 MR. REDMAN: (Votes yea.)
25 (Committee ballot closed.)
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1 THE CHAIRMAN: Close the ballot and record
2 the vote
3 MS. LAHMEUR: Four yeas, zero nays.
4 THE CHAIRMAN: By your action, you have
5 approved 2008-436.
6 Thank you, sir.
7 MR. BROWN: Thank you, sir. Appreciate it.
8 THE CHAIRMAN: 2008-438. Open the public
9 hearing.
10
11 (Ms. Johnston approaches the podium.)
12 MS. JOHNSTON:
13 Riverplace Boulevard, on behalf of the
14 applicant.
15 This is an extension to an existing
16 development agreement, and I'm here to answer
17 any questions.
18 If there's any speakers in opposition, I'll
19 reserve some time so that I can respond, but
20 otherwise I won't take up the committee's time
21 unless you have specific questions.
22 THE CHAIRMAN: We appreciate that,
23 Ms. Johnston.
24 MS. JOHNSTON: I know you do.
25 THE CHAIRMAN: Any questions for the
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1 applicant?
2 COMMITTEE MEMBERS: (No response.)
3 THE CHAIRMAN: Seeing none, we'll close the
4 public hearing.
5 MR. HOLT: Move the bill.
6 MR. CLARK: Second.
7 THE CHAIRMAN: The bill's been moved and
8 seconded.
9 Any discussion on the bill?
10 COMMITTEE MEMBERS: (No response.)
11 THE CHAIRMAN: Seeing none, please open the
12 ballot.
13 (Committee ballot opened.)
14 MR. GRAHAM: (Votes yea.)
15 MR. CLARK: (Votes yea.)
16 MR. HOLT: (Votes yea.)
17 MR. REDMAN: (Votes yea.)
18 (Committee ballot closed.)
19 THE CHAIRMAN: Close the ballot and record
20 the vote.
21 MS. LAHMEUR: Four yeas, zero nays.
22 THE CHAIRMAN: By your action, you have
23 approved 2008-438.
24 Thank you, Ms. Johnston.
25 2008-439. Open the public hearing.
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1 Paige.
2 MS. JOHNSTON:
3 Riverplace Boulevard, on behalf of the
4 applicant.
5 This is also a request for an extension to
6 a development agreement, and I'm just here for
7 questions. If there are any speakers, I'm happy
8 to respond to their questions or concerns.
9 THE CHAIRMAN: Seeing no further speakers,
10 we'll close the public hearing.
11 Someone move this bill.
12 MR. HOLT: Move the bill.
13 THE CHAIRMAN: Anybody want to second?
14 MR. REDMAN: Second.
15 THE CHAIRMAN: The bill's been moved and
16 seconded.
17 Any discussion on the bill?
18 COMMITTEE MEMBERS: (No response.)
19 THE CHAIRMAN: Seeing none, please open the
20 ballot.
21 (Committee ballot opened.)
22 MR. GRAHAM: (Votes yea.)
23 MR. CLARK: (Votes yea.)
24 MR. HOLT: (Votes yea.)
25 MR. REDMAN: (Votes yea.)
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1 (Committee ballot closed.)
2 THE CHAIRMAN: Close the ballot and record
3 the vote.
4 MS. LAHMEUR: Four years, zero nays.
5 THE CHAIRMAN: By your action, you have
6 approved 2008-439.
7 MS. JOHNSTON: Thank you.
8 THE CHAIRMAN: Committee members, top of
9 page 14. 2008-491, -92, -93, -94, and -95 are
10 all deferred.
11 Top of page 15, 2008-500. We'll open the
12 public hearing. We have one speaker, Linda
13 Rosenblatt.
14 (Audience member approaches the podium.)
15 THE CHAIRMAN: Sorry, ma'am, if I butchered
16 your name.
17 Rosenblatt.
18 Your name and address for the record,
19 please, ma'am.
20 AUDIENCE MEMBER: Hi.
21 I live at 9469 Glenwood Drive, Glen
22 St. Mary, Florida 32040.
23 I'm president of Gravely Hill Friends,
24 Incorporated, which is an organization that we
25 formed to improve and preserve a very old
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1 cemetery within Duval County called Old Gravely
2 Hill Cemetery. It's located at 7242 Normandy
3 Boulevard. You would say it's at the corner of
4 I-295 and Normandy Boulevard, within the
5 property line of Riverside Memorial Park
6 Cemetery.
7 Since we've been working in the cemetery
8 since September of 2005, we put in 2,200 hours
9 in improving the cemetery.
10 I would like to introduce some of our
11 Friends that are members. We have over 100
12 Friends in our Friends group. They're sitting
13 out here, if I may.
14 THE CHAIRMAN: Sure, ma'am.
15 MS. ROSENBLATT: Would you please stand.
16 AUDIENCE MEMBERS: (Comply.)
17 MS. ROSENBLATT: Thank you.
18 They're members of the Friends group and
19 family members.
20 We are asking that Old Gravely Hill
21 Cemetery be designated a Jacksonville historical
22 landmark. We feel that it really deserves it,
23 that it's going to be a shining light to the
24 history of Jacksonville history -- early
25 history, from the early 1800s.
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1 We feel like that the designation will give
2 a certain amount of protection to the cemetery,
3 which it so dearly needs, as it's been
4 vandalized several times. It's in very good
5 condition, manageable condition right now.
6 We've resurrected over 69 headstones that
7 were completely underground and repaired many
8 more, and in the very near future we're going to
9 be publishing a book about Old Gravely Hill
10 Cemetery and the people interred there and how
11 they relate to Jacksonville history. Might even
12 end up being volumes.
13 I want to thank you for hearing me tonight,
14 and I hope that you will designate a
15 Jacksonville historical landmark.
16 THE CHAIRMAN: Thank you, ma'am. Thank you
17 guys all for coming down.
18 Seeing no further speakers, we'll close the
19 public hearing.
20 MR. CLARK: Move the bill.
21 MR. HOLT: Move the bill.
22 THE CHAIRMAN: The bill's been moved and
23 seconded.
24 Any discussion on the bill?
25 COMMITTEE MEMBERS: (No response.)
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1 THE CHAIRMAN: Seeing none, please open the
2 ballot.
3 (Committee ballot opened.)
4 MR. GRAHAM: (Votes yea.)
5 MR. CLARK: (Votes yea.)
6 DR. GAFFNEY: (Votes yea.)
7 MR. HOLT: (Votes yea.)
8 MR. REDMAN: (Votes yea.)
9 (Committee ballot closed.)
10 THE CHAIRMAN: Close the ballot and record
11 the vote.
12 MS. LAHMEUR: Five yeas, zero nays.
13 THE CHAIRMAN: By your action, you have
14 approved 2008-500.
15 MS. ROSENBLATT: Thank you very much.
16 THE CHAIRMAN: Thank you.
17 2008-514, -15, -16, -17, -18, -41, -42,
18 -43, -44, -45, -46, -47, -48, -49, -50, -51,
19 and -52 are all second and rereferred.
20 If there's nothing else to come before us,
21 we are adjourned.
22 (The above proceedings were adjourned at
23 6:20 p.m.)
24 - - -
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Diane M.
Tropia,
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1 C E R T I F I C A T E
2
3 STATE OF
4 COUNTY OF DUVAL :
5
6 I, Diane M. Tropia, certify that I was
7 authorized to and did stenographically report the
8 foregoing proceedings and that the transcript is a
9 true and complete record of my stenographic notes.
10 Dated this 20th day of July, 2008.
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14 Diane M. Tropia
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Diane M.
Tropia,