1 CITY OF
2 LAND USE AND ZONING
3 COMMITTEE
4
5
6 Proceedings held on Tuesday, June 17, 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 MICHAEL CORRIGAN, Chair.
CLAY YARBOROUGH, Vice Chair.
14 RICHARD CLARK, Committee Member.
E. DENISE LEE, Committee Member.
15 ART SHAD, Committee Member.
JACK WEBB, Committee Member.
16
17 ALSO PRESENT:
18
DON REDMAN, City Council Member.
19 JOHN CROFTS, Deputy Director, Planning Dept.
SEAN KELLY, Chief, Current Planning.
20 FOLKS HUXFORD, Zoning Administrator.
JASON TEAL, Office of General Counsel.
21
DYLAN REINGOLD, Office of General Counsel.
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 June 17, 2008 5:00 p.m.
3 - - -
4 THE CHAIRMAN: I hereby call the Tuesday,
5 June 17th meeting of the Land Use and Zoning
6 Committee.
7 Let the record reflect that the following
8 members are here: Councilmember Michael
9 Corrigan, Chairman; Vice Chair Clay Yarborough;
10 Councilmember Richard Clark; Councilmember Art
11 Shad; Councilmember Jack Webb. And let the
12 record reflect that Councilwoman Mia Jones has
13 an excusal.
14 We have a very busy agenda tonight. I
15 appreciate everyone's patience. I will do a
16 couple of quick reminders. One, there is no
17 public display or support or opposition. When
18 someone comes up to speak, we will make sure
19 that you have respect, and we ask that you have
20 respect for them as well.
21 And since we do have so many items on our
22 agenda, as you see your agenda getting closer,
23 if you please come down front to save us some
24 time walking down here, we sure would appreciate
25 it.
Diane M.
Tropia,
3
1 Having said that, Councilmembers, we are
2 ready to begin on page 2. All the items on
3 page 2 are deferred, 2005-1228, 2006-24, and
4 2006-220.
5 Page 3, top item, 2006-360 is deferred.
6 2006-658. We'll open that public hearing.
7 Seeing no speakers, we will continue that
8 public hearing with no further action.
9 Item 6, 2007-144. We will open that public
10 hearing.
11 Seeing no speakers, we'll close that public
12 hearing.
13 Item 7, 2007-145. We'll open that public
14 hearing.
15 Seeing no speakers, we'll close that public
16 hearing.
17 (Mr. Redman enters the proceedings.)
18 THE CHAIRMAN: We are on page 4 of your
19 agenda. All the items on page 4 are deferred:
20 2007-384, 2007-581, 2007-803.
21 Now that we've gotten to that point, I see
22 we have a visiting councilmember here.
23 Councilmember Redman has joined us this
24 afternoon.
25 Councilman Redman, I believe that you are
Diane M.
Tropia,
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1 here on bill 2008-313?
2 MR. REDMAN: Yes.
3 THE CHAIRMAN: That is on page 9 of your
4 agenda, Councilmembers.
5 We will open that public hearing. We have
6 some speakers. The following people -- we have
7 some declaration for ex-parte.
8 Councilmember Clark.
9 MR. CLARK: Thank you, Mr. Chairman.
10 I had a meeting with Tom Ingram and
11 Kyle Riva on the 10th, and we discussed the
12 location, the DRI, and the apartments.
13 THE CHAIRMAN: Thank you, Councilmember
14
15 Councilmember Yarborough.
16 MR. YARBOROUGH: Thank you, Mr. Chairman.
17 2008-313, I had ex-parte at my office
18 yesterday with Tom Ingram, Coen Purvis, Alex
19 Coley and Kyle Riva to discuss the site plan and
20 impact of rezoning on surrounding properties.
21 Also, on the same day in my office with
22 Michael Herzberg to discuss the impact of the
23 rezoning to the surrounding properties.
24 Thank you.
25 THE CHAIRMAN: Thank you.
Diane M.
Tropia,
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1 Councilmember Webb.
2 MR. WEBB: Thank you.
3 I'd like to declare ex-parte with regard to
4 this bill as well with Mr. Michael Herzberg
5 approximately two weeks ago to discuss the
6 merits of this, as well I had -- approximately
7 two weeks ago, I had a brief conversation with
8 Paul Harden regarding the merits of this bill as
9 well.
10 Thank you.
11 THE CHAIRMAN: Thank you.
12 I'll also declare ex-parte communications
13 on June 10th. I had a meeting with Tom Ingram,
14 Coen Purvis, Alex Coley, Kyle Riva and McCarley
15
16 overview of this particular ordinance.
17 I also had ex-parte communication with
18 Mike Herzberg on June 12th, approximately 1:15
19 in the afternoon, in our world famous Green Room
20 to discuss his opposition to this project.
21 Seeing no other ex-parte communications,
22 we're ready now for our speakers.
23 Our first speaker is Alex Coley, followed
24 by Kyle Riva, followed by Tom Ingram.
25 (Mr. Ingram approaches the podium.)
Diane M.
Tropia,
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1 THE CHAIRMAN: And if you want to change
2 the order, that's fine. Tom, you want to come
3 first, that's fine.
4 MR. INGRAM: Thank you. Good evening.
5 Tom Ingram,
6 Suite 400, and I'm here representing the
7 applicants.
8 This is a proposed 360-unit multifamily
9 complex in the Southpoint project, also known as
10 the Interstate Business Center DRI. This
11 project was conceived in the late '70s and early
12 '80s as a suburban-style office park, kind of
13 the height of planning for its time.
14 As the years have worn on and we're now in
15 the 21st century, the strong trend has been to
16 integrate multifamily and office products
17 together so that people can work and live in
18 close proximity to one another.
19 This is a market-rate project. It's being
20 done by Epoch Properties. It's done -- who did
21
22 extension. This type of project has been found
23 in other DRIs very similar to this. In the
24 Galleria, there is the
25 that the City Council approved just a few years
Diane M.
Tropia,
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1 ago to add multifamily to an office and retail
2 project.
3 Also, at Flagler Center DRI just a few
4 years ago, the City Council voted to amend that
5 DRI to add multifamily to an office and
6 industrial complex.
7 Also, in the Deerwood town -- Deerwood
8 North DRI, that project includes a variety of
9 multifamily that's under construction today at
10
11 there.
12 But at the southeast and southwest
13 quadrants, JTB and 95 now have a mix of office
14 and multifamily. This is just continuing that
15 trend.
16 There had been some opposition. There is
17 now one opponent that we are aware of. The
18 other comments have been withdrawn, and we now
19 understand that they're in support.
20 There was a memorandum that was circulated
21 anonymously, and I'd like to share that with
22 you. It was sent to some of the various office
23 develop- -- office tenants in the area. I have
24 copies here.
25 But just to say that a lot of this is
Diane M. Tropia,
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1 inaccurate. You may have seen it. It talked
2 about equating workforce with lower income
3 housing. That's simply not true. This is --
4 workforce housing is basically normal working
5 people earning below average and above average
6 income. It's the very type of people that will
7 live and work in an office product like this.
8 It does comply with the comprehensive
9 plan. We have strong support from the Planning
10 Department. It is -- it is not -- it is exempt
11 from any sort of industrial overlay zone
12 pursuant to the terms of the City's industrial
13 zoning overlay district.
14 Furthermore, even if it were applicable,
15 there are no special buffering requirements
16 between multifamily and office because the City
17 recognizes that those two uses are compatible.
18 And with that, I'll be happy to answer any
19 questions you may have, but we have passed out
20 some handouts here, various aerials, some of
21 which you have seen, but page 7 gives the best
22 overview of what the site looks like.
23 Thank you.
24 THE CHAIRMAN: Thank you, Mr. Ingram.
25 I have several other speakers in support.
Diane M.
Tropia,
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1 Mr. Ingram, let me ask you, is there an
2 order to the speakers in support, or you do not
3 know?
4 MR. INGRAM: Yes. The next will be
5 Kyle Riva with Epoch Properties, followed by
6 Coen Purvis, who's a planner -- he is also with
7 Hallmark Partners -- followed by Alex Coley of
8 Hallmark Partners, the principal who owns an
9 adjacent office building.
10 THE CHAIRMAN: Okay. Thank you.
11 MR. INGRAM: Thank you.
12 (Audience member approaches the podium.)
13 THE CHAIRMAN: Good afternoon.
14 AUDIENCE MEMBER: Hey, good afternoon.
15 My name is Kyle Riva. I'm the president of
16 Epoch Properties. We're based in
17
18 have built some 31,000 market-rate apartment
19 units across the country. We've built some 15
20 to 18 projects here in
21 recent was
22 Parkway extension, about a mile and a half from
23 this particular location.
24 We're a fully integrated company. We're a
25 developer, general contractor, and management
Diane M.
Tropia,
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1 company. We currently manage about 10,000
2 units.
3 What we intend to build on this project is
4 a high-quality, market-rate project with
5 substantial interior units and exterior
6 amenities, basketball courts, theaters, swimming
7 pools, et cetera, for our residents to use.
8 We very much believe that building our kind
9 of project in this type of environment next to
10 offices and nearby retail is really the right
11 thing to do. It's -- they're very complementary
12 uses and they tend to utilize the existing
13 infrastructure much more efficiently.
14 The traffic trips are going in opposite
15 directions during peak periods, and there's
16 less -- you drive through the Southpoint
17 business park on the weekends and nights, you'll
18 see that those roads aren't being utilized.
19 With the community there, that's when -- an
20 apartment community, that's when those roads
21 would be utilized.
22 But more importantly, I believe the City
23 staff has been looking at this for a long time,
24 and I believe they're in support of our
25 project. And then also we have support letters
Diane M.
Tropia,
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1 from the National Association of Industrial and
2 Office Parks, and also from the National
3 Multihousing Conference, both saying that this
4 is exactly the type of smart growth that they
5 want to see.
6 As far as we can tell, most of the
7 neighbors are in favor of our development and in
8 support of us. Once we got past the
9 disinformation that they've had, they've now
10 written retraction letters and are in support.
11 We seem to only have one dissenter who has
12 been pretty vocal. And when we tried to meet
13 with him, he said, "Look. It's nothing
14 personal. We'd be against anything you're
15 developing here. This is just business."
16 Well, to me, this business is personal, and
17 I believe your guys' business of running this
18 city is personal as well. And I think the
19 citizens expect it to be. And what we're all
20 after here is smart growth in the city of
21
22 this development is smart growth for the city.
23 Thank you.
24 THE CHAIRMAN: Thank you.
25 I have Alex Coley, and J.J. Conners, and
Diane M.
Tropia,
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1 Coen Purvis.
2 (Audience member approaches the podium.)
3 THE CHAIRMAN: Good evening.
4 AUDIENCE MEMBER: Good afternoon.
5 Coen Purvis, 6675 Corporate
6 Suite 100.
7 I'm here on behalf of Hallmark Partners, an
8 employee of Hallmark Partners. I am a
9 developer, but I'm also a planner, a planner by
10 background as well as education. I've worked
11 not only in the private sector as a -- as a
12 developer and a planner, but as well as in the
13 public sector. So I've been on both sides of
14 this issue.
15 You heard Tom say -- Tom Ingram say that
16 Southpoint was envisioned in the late '70s.
17 That is true. Clearly, I don't have to tell you
18 that a lot of things have changed in Southpoint
19 over that past 30 years. Residential was not
20 envisioned when they put the plan to paper back
21 in the '70s, but, you know, an area must evolve
22 or it will die.
23 And this is happening all over -- all over
24 the country, and it's happening here in
25
Diane M.
Tropia,
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1 Pulte -- national home builders like Pulte and
2 D.R. Horton come into areas of commercial and
3 business parks where the market has changed and
4 have come in with residential projects.
5 It just makes sense to use the existing
6 infrastructure. We've already seen -- you know,
7 we've got the water there, we've got the
8 drainage, we've got the sewer, we've got the
9 road system in. Our own traffic analysis shows
10 that actually the net impact from residential is
11 less than what it would be if we developed out
12 with our approved office development rights. So
13 it just makes good planning sense.
14 Another thing is not only the hard
15 infrastructure is in place, but the retail
16 services to support that residential are all in
17 place.
18 I'd like to enter into the record an aerial
19 that we have prepared that shows the retail
20 projects that are within basically a two-mile
21 radius of our site.
22 (Ms. Lee enters the proceedings.)
23 MR. PURVIS: There's over 300- -- almost
24 340,000 square feet of retail. There's 85
25 different retail establishments. Many of those
Diane M.
Tropia,
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1 are within walking and/or bike distance. We've
2 got one grocer, one drug, 39 restaurants, eight
3 convenience stores, 14 retailers, eight salons,
4 three cleaners, three financial institutions,
5 nail shops, coffee shops, tanning salon. All
6 the services that are needed to support a
7 residential development.
8 So I would ask for your support of
9 2008-313.
10 Thank you.
11 THE CHAIRMAN: Thank you.
12 I have Alex Coley, J.J. Conners, and
13 Paul Harden, and Mike Herzberg.
14 (Audience member approaches the podium.)
15 THE CHAIRMAN: Good afternoon.
16 AUDIENCE MEMBER: Good afternoon.
17 Thank you.
18 I'm Alex Coley. I'm a partner in Hallmark
19 Partners, 6675 Corporate
20 Our company is headquartered directly
21 adjacent to this property. We've been officed
22 in Southpoint for many years. As I said, our
23 headquarters is there, adjacent to the subject
24 property.
25 We're also managers of the Southpoint
Diane M.
Tropia,
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1 Property Owners Association, the Southeast
2 Quadrant Property Owners Association, and the
3 Galleria Property Owners Association,
4 encompassing three of the four corners of that
5 intersection. And in all three of these
6 quadrants, we have existing multifamily.
7 Our project -- we have met with the
8 neighbors in the neighborhood on our project
9 and, after some discussion, every single one of
10 them, bar one, is supporting the project.
11 As was mentioned earlier, there was a
12 memorandum circulating in the neighborhood that
13 required some clarification. And after that
14 clarification, again, we report 100 percent in
15 support for the project, bar one.
16 And I want to enter into the record here
17 recommendation letters from those people, along
18 with the recommendation from the president of
19 our trade organization, the National Association
20 of Industrial and Office Properties. Mr. Tom
21 Bisacquino wrote a letter from NAIOP stating
22 that this project is exactly the kind of smart
23 growth, green initiative that NAIOP supports.
24 It reduces our carbon footprint. It is
25 good, proper planning. And, as was mentioned
Diane M. Tropia,
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1 earlier, this bill is supported by the Planning
2 Department, and it's been recommended by the
3 Planning Commission.
4 And I see Mr. Redman up here, our
5 councilman. We appreciate his support as well.
6 I think he'll speak to that later.
7 Again, we just ask for your support for
8 2008-313.
9 Thank you.
10 THE CHAIRMAN: Thank you.
11 J.J. Conners, Paul Harden, and Mike
12 Herzberg.
13 (Audience member approaches the podium.)
14 THE CHAIRMAN: Good afternoon.
15 AUDIENCE MEMBER: Good afternoon.
16 I'm J.J. Conners,
17 Suite 203.
18 I am the president of Chestnut Hill
19 Investments, which is a local real estate
20 development company that I started in July of
21 2006, and I'm here speak on -- in support of
22 this project.
23 Prior to starting my company, I was the
24 vice president and regional market officer for
25 Flagler Development. And in that position, I
Diane M.
Tropia,
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1 managed the development, leasing, entitlement,
2 land management, property management of Flagler
3 Developments Holdings in the
4 area.
5 And in two of those projects, both of which
6 Tom Ingram referred to, there was multifamily
7 adjacent to office that I feel worked very
8 well.
9 In Flagler Center, adjacent to the
10 Citi Cards' 600,000-square-foot office campus,
11 there was a -- there is a Pulte multifamily
12 development. Both Pulte and Citi Cards were
13 excited that their neighbor was there. Both saw
14 it as a benefit. Citi Cards actually had a
15 number of employees inquiring about being able
16 to live there to shorten their commute, which
17 serves as a captured trip and didn't put any
18 additional cars on the peak hour roadways.
19 The other project was Deerwood North.
20 Flagler has four office buildings in the
21 Deerwood North DRI, Class A office buildings,
22 among the top in the market.
23 And adjacent to them, between a Flagler
24 office building and another office building, is
25 a multifamily development that serves as an
Diane M.
Tropia,
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1 additional asset to -- to that marketplace. And
2 the entire
3 mixed-use, very functional development.
4 So I think that a change such as this,
5 putting apartments next to offices, cannot only
6 work very well, but serves as a -- be a good
7 planning exercise.
8 Thank you.
9 THE CHAIRMAN: Thank you.
10 The next card I have is for Paul Harden,
11 but I see it says item 23. He may be here on
12 item 23.
13 Mr. Harden, are you here for this item or
14 not?
15 MR. HARDEN: No.
16 THE CHAIRMAN: Okay. Thank you.
17 Our next speaker is Mr. Herzberg,
18 Mike Herzberg.
19 And, Mr. Harden, I'm going to put your card
20 back in for item 23.
21 (Mr. Herzberg approaches the podium.)
22 THE CHAIRMAN: Good afternoon.
23 MR. HERZBERG: Good afternoon, sir.
24 Mr. Chairman, my name is Mike Herzberg. My
25 address is
Diane M.
Tropia,
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1
2 And I thank you for the opportunity to
3 speak before you regarding this subject.
4 I've asked that a package be handed out to
5 you tonight that I think will demonstrate how
6 this project is actually inconsistent with the
7 comprehensive plan.
8 As you all know, I have a little bit of
9 experience with the comprehensive plan, but a
10 lot has changed since I was left -- since I have
11 left, specifically in relation to industrial
12 preservation. The City determined, through an
13 industrial preservation study at a cost of
14 $90,000 to the taxpayers of this county, that we
15 need to protect industrial business parks.
16 The loss of these business parks by
17 residential intrusion hampers our economic
18 ability to continue development in these parks.
19 I would submit to you tonight that this is
20 the embodiment of what we paid $90,000 for a
21 study to tell us. Don't drop residential into
22 the middle of industrially-designated properties
23 due to the fact that we may reduce our
24 availability of those industrial properties and
25 have the effect of reducing the uses that are
Diane M.
Tropia,
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1 out there or the future uses of those
2 properties.
3 The City went so far as to adopt a
4 comprehensive plan amendment to the BP category
5 specifically stating that new units in this
6 category -- and previously units weren't allowed
7 in this category, but now units would be allowed
8 in this land use category, subject to the fact
9 that they be workforce housing.
10 Workforce housing was further defined by
11 the staff and sent to the council for adoption
12 as being 140 percent of the AMI. That would be
13 approximately $65,000 a year.
14 I think it's difficult to assume -- and I
15 have all the respect in the world for the
16 developers and Epoch Properties. I've seen
17 their product, I know they build good products,
18 but the problem here is the comprehensive plan
19 says he can't build his product.
20 Your comprehensive plan, my comprehensive
21 plan -- and I understand the applicant has made
22 the statement, and I agree with the statement,
23 that the zoning overlay does not apply. I have
24 no problem with that, but the comprehensive plan
25 policies and map L-23 still does apply.
Diane M.
Tropia,
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1 Further, map T-2 of the comprehensive plan and
2 the traffic circulation element applies.
3 Mixed use is a principle of smart growth.
4 I understand mixed use. I'm a planner by trade
5 as well. But mixed use has become a buzz word
6 in the developer's lexicon. We say that if we
7 drop one use next to another, we're mixing the
8 uses. Well, if we drop a pig farm into the
9 middle of a residential subdivision, are we
10 mixing the uses? Well, sure. The pig farmer
11 can live right next door to where the pig farm
12 is, but it defies all logic. Those two uses
13 don't belong together. They're incompatible.
14 There ought to be a law, and there is a
15 law. There's several laws. There's goal 3 of
16 your comprehensive plan, objective 3.2, policy
17 3.2.12, policy -- and the new policies -- let me
18 stop. The new policies that have been adopted
19 since I left the City, policy 3.2.17, policy
20 3.2.19, policy 3.2.29. I can go on. There's a
21 number of those, and they're in your packet.
22 I guess, gentlemen, what I'm really trying
23 to say is mixed use is a good thing, and these
24 gentlemen have developed mixed-use projects on
Diane M.
Tropia,
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1 of mixed use.
2 Retail is a component of them. There is
3 little or no retail in this business park, short
4 of a sandwich shop inside some of the offices,
5 and this PUD does not propose uses other than a
6 residential development or more industrial uses.
7 I see that my time has expired. And in
8 respect of that, I'll step down, but I'll be
9 happy to answer any questions.
10 I would like to point out one other thing
11 in relation to surrounding properties. There's
12 been, I think, a misstatement of fact, stating
13 that residential fits in the area.
14 THE CHAIRMAN: Mr. Herzberg, your time has
15 expired.
16 MR. HERZBERG: Yes, sir. Thank you.
17 THE CHAIRMAN: Seeing no further speakers
18 on 2008-313, that public hearing is closed.
19 Councilmember Redman.
20 MR. REDMAN: Thank you, Mr. Chairman.
21 I know this is a pretty contentious issue
22 between the two parties, and I've listened quite
23 lengthy to both parties. And, you know,
24 Mr. Ingram first came to me with this, you know,
25 and it appeared to be a great development in
Diane M.
Tropia,
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1 what I think is a needed area. And I --
2 Personally, I think the mixed use will be a
3 great thing for this area, so I'm going to have
4 to support the development.
5 It looks like a -- you know, everything
6 I've seen, it looks like a great development.
7 And, you know, meetings that I have been and --
8 district planning meetings, does lead to this
9 type of development. This is something -- I've
10 been at meetings -- and has been pushed as the
11 up and coming way to develop areas. So I
12 think -- I think it's going to be a good thing.
13 Thank you.
14 THE CHAIRMAN: Thank you.
15 Let's go to the Planning Department. I
16 think we have an amendment on this particular
17 bill.
18 MR. CLARK: Move the amendment.
19 MR. YARBOROUGH: Second.
20 THE CHAIRMAN: Motion and second on the
21 amendment.
22 We'll go to the Planning Department for an
23 explanation of the amendment.
24 MR. CROFTS: Mr. Chairman, the amendment
25 consists of several conditions, and I'll read
Diane M.
Tropia,
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1 them into the record, please.
2 Condition number 1, "The development shall
3 be subject to the original legal description
4 dated February 26, 2008."
5 Condition number 2, "The development shall
6 be subject to the revised written description
7 dated June 9th, 2008."
8 Condition number 3, "The development shall
9 be subject to the original site plan dated
10 May 25, 2008."
11 Condition number 4, "The required
12 transportation improvements shall be made in
13 accordance with the Development Services
14 Division memorandum dated April 17th, 2008, or
15 as otherwise approved by the Planning and
16 Development Department."
17 Fifth and finally, "Multifamily structures
18 which face or back up to each other shall
19 provide at least 40 feet of separation between
20 structures. Multifamily structures must have a
21 minimum separation of at least 20 feet between
22 end walls and 20 feet between an end wall and
23 face or rear of another multifamily structure."
24 Thank you.
25 THE CHAIRMAN: Thank you.
Diane M.
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1 Seeing -- Councilmember Redman, do you have
2 any discussion on the amendment or not?
3 Mr. Redman, before you -- if Mr. Ingram
4 could come up and indicate his understanding of
5 those -- of the amendment.
6 (Mr. Ingram approaches the podium.)
7 MR. INGRAM: Yes, sir. We are familiar
8 with the amendment and support it, or find it
9 acceptable.
10 Thank you.
11 THE CHAIRMAN: Okay. Councilmember Redman,
12 then Councilmember Lee.
13 MR. REDMAN: I have no problem with the
14 amendment. I support it.
15 THE CHAIRMAN: Thank you.
16 Councilmember Lee.
17 MS. LEE: I have a question of legal,
18 please. Through the Chair to Ms. Eller.
19 MS. ELLER: Yes, ma'am.
20 MS. LEE: Do I need to declare ex-parte on
21 this? Paul Harden talked to me about this and
22 asked for support of this. Do I need to go on
23 record with that?
24 MS. ELLER: You can wait until -- oh, no.
25 This is 2008-313. Yes. This is a
Diane M.
Tropia,
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1 quasi-judicial matter, so if you could just
2 disclose who you met with and what you
3 discussed.
4 MS. LEE: Yes.
5 MS. ELLER: That, will fulfill the ex-parte
6 disclosure.
7 MS. LEE: Right. I would like to disclose
8 that Paul Harden spoke to me about this. And I
9 was under the impression that he was
10 representing that. That's what he represented
11 to me.
12 Thank you.
13 THE CHAIRMAN: Thank you.
14 Seeing no questions for Councilmember Lee,
15 thank you.
16 We are on the amendment.
17 Seeing no other discussion on the
18 amendment, all in favor signal by saying aye.
19 COMMITTEE MEMBERS: Aye.
20 THE CHAIRMAN: All opposed.
21 COMMITTEE MEMBERS: (No response.)
22 THE CHAIRMAN: The amendment carries.
23 MR. CLARK: Move the bill as amended.
24 MR. YARBOROUGH: Second.
25 THE CHAIRMAN: A motion and second on
Diane M.
Tropia,
27
1 2008-313 as amended.
2 Councilmember Webb.
3 MR. WEBB: Thank you, Mr. Chairman.
4 I have a couple of questions for either
5 legal or for Planning.
6 First off, this does not -- to the -- the
7 point that was made before is that this is a
8 multiuse project. This doesn't strike me -- I'm
9 looking at the Planning Department report. This
10 is not -- this is not a multiuse project in the
11 sense that it's either-or. It's either pure
12 multifamily or it's -- it's a --
13 It's an application for rezoning, PUD. So
14 it changes the industrial business park zoning
15 to a PUD to contract zoning. So it's to
16 facilitate an either-or type situation. It's
17 either multifamily, and if they close a
18 multifamily, we'll rock and roll. Or if not,
19 then they default -- the developer defaults to
20 the IBP -- excuse me -- the industrial business
21 park zoning designation; is that correct?
22 And that's to
23 MR. KELLY: Through the Chair to Councilman
24 Webb, yes, that's correct.
25 The property is currently zoned IBP, so
Diane M.
Tropia,
28
1 that's not anything new. The introduction of
2 the residential use creates the mixed use in the
3 development.
4 MR. WEBB: I have a concern with this
5 particular -- with the use of PUD zoning, of
6 contract zoning in this fashion.
7 Essentially, what this does, it strips this
8 body of the ability to consider the merits of a
9 true rezoning. I mean, contract zoning should
10 be for a specific use, and that is, they want to
11 go from whatever -- whether or not they want to
12 go from industrial business park to multifamily,
13 whatever. But, again, they want to do that in
14 the context of contract zoning. And the
15 contract that they negotiate with us as a body
16 effectively says, "Okay. If you can't do this,
17 then you could default to the original use."
18 Isn't that a fair statement?
19 MR. KELLY: That is correct. That is what
20 is being requested.
21 MR. WEBB: Okay. Fair enough.
22 MR. KELLY: The IBP is, you know,
23 compatible with all the other IBP around.
24 MR. WEBB: And the second question for
25 Planning, I guess, you're going -- if -- again,
Diane M.
Tropia,
29
1 this is not a multiuse project in that it's
2 going to be multifamily lined up next door to
3 IBP uses, correct?
4 MR. KELLY: The property is surrounded by a
5 private road, so it applies to the overall
6 parcel.
7 MR. WEBB: I see.
8 MR. KELLY: But the surrounding uses would
9 be IBP, adjacent properties.
10 MR. WEBB: I mean, this strikes me as a
11 good project, I guess, but --
12 Well, one further question to zoning --
13 excuse me -- to Planning. The -- when you're
14 talking about mixed use, you're talking
15 effectively about multifamily residential with a
16 neighborhood commercial component, retail-type
17 component; isn't that accurate? Or is it
18 broader than that?
19 MR. KELLY: It's much broader than that,
20 yes.
21 MR. WEBB: Okay. Fair enough.
22 I will say this, I think this is a good
23 project, but I do not support the use of
24 contract zoning in this fashion, so I'm going to
25 oppose this.
Diane M.
Tropia,
30
1 THE CHAIRMAN: Thank you, Councilmember
2 Webb.
3 Seeing no other speakers -- Councilmember
4 Yarborough.
5 MR. YARBOROUGH: Thank you, Mr. Chairman.
6 Like some of the concerns that Councilman
7 Webb had, I'm sitting here -- and I've met with
8 both sides, and in regards to some of the --
9 what's on the front page of what Mr. Herzberg
10 handed us with the concerns, I wanted to ask the
11 Planning staff, one of the things here, under
12 point number 2, speaks to the loss of industrial
13 lands combined with residential intrusion.
14 The next paragraph talks about the council
15 at one point has declared it to be the policy to
16 protect and preserve the industrial areas.
17 Southpoint is an older -- is an older part
18 of town, but the thing that concerns me is how
19 isolated this would be and would be in an area
20 where we primarily have the industrial and
21 commercial areas, and there is not residential
22 anywhere near this.
23 And, to me, I don't know if that would be
24 truly consistent with our plan because it's
25 not -- it just doesn't seem that it would be
Diane M.
Tropia,
31
1 contiguous.
2 And I just wanted to ask our staff, how --
3 really, how do we arrive at the conclusion that
4 this -- I understand with mixed use, it's
5 different, but how do we arrive at the
6 conclusion that this would be something that
7 would be okay with this area?
8 Sean, if you can speak to that.
9 MR. KELLY: Certainly.
10 Through the Chair to Councilmember
11 Yarborough, the industrial study -- again, this
12 is a development of regional impact, and the
13 industrial adoption of the overlay exempted out
14 the areas covered under the DRI, and the DRI is
15 still subject to a notice of proposed change to
16 introduce the residential component.
17 Compatibilitywise, we feel it's
18 compatible. This is a perfect mix of uses, and
19 it's why the buffering standards within the
20 industrial study didn't require separate buffers
21 or additional buffering standards. In fact,
22 they found that they were compatible for all the
23 reasons that -- mixed use generates internal
24 capture. You've got employees living and
25 working without having to get onto the collector
Diane M.
Tropia,
32
1 roads.
2 You do have residential, in fact, in the BP
3 land use category within about a half a mile of
4 here, about -- north onto
5 south of Bowden, there were townhomes introduced
6 in the BP. This has been done on a number of
7 occasions. The BP land use through a -- in the
8 context of a PUD has been used multiple times to
9 allow for multifamily development.
10 We do find that it is compatible with those
11 light office and warehouse uses where everything
12 is done within an enclosed building. You don't
13 have the heavier industrial uses.
14 So from a compatibility standpoint, all the
15 uses within the business park would be
16 compatible with the multifamily use.
17 And in this instance in particular, this
18 property is buffered by a perimeter roadway, and
19 you have I-95 on one side, and you've got
20 adjacent properties that are under ownership by
21 the applicant directly to the north. So we feel
22 that this is consistent with the surrounding
23 area in terms of introducing this use at this
24 location.
25 MR. YARBOROUGH: Okay. I appreciate that.
Diane M.
Tropia,
33
1 I guess I was just -- I'm trying to think
2 of it in terms of have we -- have we considered
3 it all -- I guess what the -- what we'd like to
4 see the future of the Southpoint area be, or are
5 we just kind of moving forward kind of as we
6 go? I mean, has that been considered at all
7 or --
8 MR. KELLY: It absolutely has.
9 And one of the things we looked at was the
10 JTA's plan for the bus rapid transit system, and
11 this is directly off one of those planned future
12 stations at J. Turner
13 We feel that that was another factor that
14 we looked at in making this more of an
15 appropriate site because it is introducing the
16 mass transit to this area, which the residential
17 will be able to support that mass transit. And,
18 again, density is always a good thing and
19 appropriate in this instance.
20 MR. YARBOROUGH: Okay. Thank you.
21 I appreciate that, Mr. Chairman.
22 I don't want to oppose the district
23 councilman. I believe he would certainly know
24 what's best for his district. I mean, it has
25 been difficult just to look at that, and knowing
Diane M.
Tropia,
34
1 the character of Southpoint over there, it seems
2 kind of odd that we would allow this type of
3 development to go in with it being so -- with it
4 being residential, but I'll support my colleague
5 on his advice that it's best for his district.
6 Thank you.
7 THE CHAIRMAN: Thank you, Councilmember
8 Yarborough.
9 Seeing no further speakers, we'll open the
10 ballot and record the vote.
11 (Committee ballot opened.)
12 MR. CORRIGAN: (Votes yea.)
13 MR. YARBOROUGH: (Votes yea.)
14 MR. CLARK: (Votes yea.)
15 MS. LEE: (Votes nay.)
16 MR. SHAD: (Votes nay.)
17 MR. WEBB: (Votes nay.)
18 (Committee ballot closed.)
19 MS. LAHMEUR: Three yeas, three nays.
20 THE CHAIRMAN: All right. By your action,
21 it does not move from the committee. It will
22 stay in committee on our agenda.
23 We're going to reopen that public hearing
24 and take no further action today.
25 Councilmember Redman, thank you.
Diane M.
Tropia,
35
1 Do you have any other bills that you're
2 here for or is that it?
3 MR. REDMAN: No.
4 THE CHAIRMAN: All right. Thank you
5 very much.
6 We are back on page 5, item 11, 2007-1085.
7 We'll open that public hearing.
8 Seeing no speakers, we'll continue that
9 public hearing with no further action.
10 Item 12, 2007-1086. Open that public
11 hearing.
12 Seeing no speakers, we'll continue that
13 public hearing with no further action.
14 Item 13, 2007-1125. We'll open that public
15 hearing.
16 Your agenda may be marked closed, but that
17 public hearing is going to be continued with no
18 further action.
19 Item 14, 2007-1350. Open that public
20 hearing.
21 Seeing no speakers, we'll continue that
22 public hearing with no further action.
23 Top of page 6. 2008-23 is deferred.
24 Item 16, 2008-40. Open that public
25 hearing.
Diane M.
Tropia,
36
1 Seeing no speakers, we will continue that
2 public hearing.
3 Item 17, 2008-145. Open that public
4 hearing.
5 Seeing no speakers, we'll close that public
6 hearing.
7 MR. CLARK: Move the amendment.
8 MR. YARBOROUGH: Second.
9 THE CHAIRMAN: A motion and second on the
10 amendment.
11 If I could have the Planning Department
12 please explain the amendment.
13 MR. CROFTS: Mr. Chairman, we're on item --
14 which? 2008- -- I apologize.
15 THE CHAIRMAN: 2008-145.
16 MR. CROFTS: Yes. Excuse me.
17 THE CHAIRMAN: Did you find it on page 6?
18 MR. CROFTS: Yes, sir.
19 The amendment is as follows:
20 Condition number 1, "The development shall
21 be subject to the revised legal description
22 dated February 27, 2008."
23 Number 2, "The development shall be subject
24 to the revised written description dated May 1,
25 2008."
Diane M.
Tropia,
37
1 Number 3, "The development shall be subject
2 to the revised site plan dated May 1st, 2008."
3 Number 4, "The required transportation
4 improvements shall be made in accordance with
5 the Development Services Division memorandum
6 dated February 25, 2008, or as otherwise
7 approved by the Planning and Development
8 Department."
9 Number 5, "A 20-foot-wide natural buffer
10 around the perimeter shall remain undisturbed."
11 Number 6, "Any future buildings shall be
12 required to be approved through a new
13 rezoning."
14 Thank you.
15 THE CHAIRMAN: Thank you, Mr. Crofts.
16 Seeing no question on the amendment, all in
17 favor signal by saying aye.
18 COMMITTEE MEMBERS: Aye.
19 THE CHAIRMAN: All opposed.
20 COMMITTEE MEMBERS: (No response.)
21 THE CHAIRMAN: The amendment carries.
22 MR. CLARK: Move the bill.
23 MR. YARBOROUGH: Second.
24 THE CHAIRMAN: I have a motion and second
25 on 2008-145 as amended.
Diane M.
Tropia,
38
1 Seeing no discussion, open the ballot and
2 record the vote.
3 (Committee ballot opened.)
4 MR. CORRIGAN: (Votes yea.)
5 MR. YARBOROUGH: (Votes yea.)
6 MR. CLARK: (Votes yea.)
7 MS. LEE: (Votes yea.)
8 MR. SHAD: (Votes yea.)
9 MR. WEBB: (Votes yea.)
10 (Committee ballot closed.)
11 MS. LAHMEUR: Six yeas, zero nays.
12 THE CHAIRMAN: By your action, you've
13 approved 2008-145.
14 Top of page 7, 2008-192. We will open that
15 public hearing. We have quite a few speakers.
16 We will begin with Bill Lee, followed by
17 Wade Hampton, followed by Joann Purdie.
18 If you're here on 2008-192, come on down
19 towards the front and help us speed up the
20 process a little bit.
21 (Audience member approaches the podium.).
22 THE CHAIRMAN: Mr. Hampton, if you want to
23 go first, that's fine.
24 AUDIENCE MEMBER: That would be my request,
25 Mr. Chairman.
Diane M.
Tropia,
39
1
2 I'm here as a representative of
3 St. Vincent's
4 largest employer and I believe one of the
5 largest property owners within the proposed
6 Riverside Avondale overlay district.
7
8 form or another through this legislative process
9 in putting this bill together and has had the
10 pleasure of working with staff, council, the
11 Riverside Avondale Preservation Society [sic],
12 and a number of the neighbors.
13 I'm happy to report to the LUZ that the
14 hospital's concerns, most of them have been
15 addressed and are embodied within the current
16 third substitute of the bill.
17 There is one issue, however, that the
18 hospital would request that this committee
19 consider. It is a proposed amendment to adjust
20 certain parking provisions of the zoning
21 overlay.
22 I have additional copies here, which I'd
23 like to place into the record. I know that
24 various versions of these amendments have been
25 floating around over the life of this bill.
Diane M.
Tropia,
40
1 In short, there is an anomaly which exists
2 within the City's parking ordinance 656.604 that
3 allows substantially reduced parking
4 requirements at a permitting stage based upon an
5 estimation of the number of staff that are going
6 to be within a building. Then once any change
7 occurs thereafter -- a new tenant, a new use, an
8 expanded business, more employees -- the parking
9 problem is instantly created. Cars end up in
10 the streets, cars end up clogging the corridors
11 through the overlay area, particularly to the
12 hospital's emergency room, and end up on
13 St. Vincent's
14 Now, you're probably saying to yourself why
15 are we hearing about this now; shouldn't we
16 address this by fixing the ordinance for parking
17 itself. Well, that's one way. Staff is going
18 to tell you that. Legal counsel will also offer
19 this opportunity to you here. And that would be
20 correct if the overlay district simply adopted
21 the parking ordinance as is, where --
22 100 percent, without any changes.
23 The problem is the overlay district
24 incorporates the ordinance and then cuts the
25 parking space requirement in half in certain
Diane M.
Tropia,
41
1 circumstances or in thirds in other
2 circumstances, thereby exacerbating the problems
3 around the hospital.
4 But amendments request an objective
5 standard be added. This objective standard is
6 already within the ordinance itself just by
7 merely making minor adjustments to the four or
8 five sections in the character area design
9 standard, which is an industry standard, two
10 spaces for 500 square feet. And this would fix
11 and resolve all of the hospital's concerns, and
12
13 ordinance if these amendments could be made.
14 If the staff might suggest to you that we
15 do this later in the parking ordinance or
16 somewhere else, you could imagine what would
17 occur. You'd have a lot of permitting, a lot of
18 building in the area, and then the bill would be
19 adjusted to the parking permit. And so you'd
20 have a mad rush to get your project in under the
21 old rule, before the new one, whereas this body
22 could make that amendment now and resolve this
23 issue for the hospital going forward.
24 I have a representative of
25 Mr. Bill Lee, here. I'm happy to answer any
Diane M.
Tropia,
42
1 questions that we have or discuss those design
2 standards and industrial standards in more
3 detail.
4 THE CHAIRMAN: Thank you, Mr. Hampton.
5 Mr. Lee, I have you next, followed by
6 Joann Purdie, followed by Kay Ehas.
7 (Audience member approaches the podium.)
8 AUDIENCE MEMBER: Hi.
9 I'm Bill Lee. I'm the director of real
10 estate and property management with
11 St. Vincent's
12 before this body before and brought statistics
13 and information from MGMA, which is a
14 benchmarking company that's highly known and
15 respected in the medical industry.
16 THE CHAIRMAN: Mr. Lee, hang on one second.
17 Mr. Hampton, I'm going to have you sit down
18 while he's speaking, please.
19 MR. HAMPTON: Yes, sir.
20 THE CHAIRMAN: Thank you.
21 MR. LEE: And a result of that information,
22 we were comparing, well, what -- how does
23 medical space compare to professional office
24 space. And this comparison indicated the very
25 same -- they were very similar, practically the
Diane M.
Tropia,
43
1 same, two spaces per 500, which is what
2 professional office space is.
3 What's been brought up in the past, in
4 fact, before this body, by another applicant was
5 some -- some information presented by the
6 applicant that we -- we didn't agree with. We
7 thought that the number of doctors that were
8 submitted and the number of staff and the number
9 of exam rooms just didn't -- it didn't seem to
10 meet the MGMA standards or what we've known to
11 be for that parking, and the result of it was
12 that about half of the parking was calculated to
13 be needed.
14 And if that applicant later -- which is --
15 if that's what it was, that's what would have
16 happened. But if that applicant later changed
17 his mind and said, "Gosh, I don't want medical
18 space. I'm having a hard time" -- for whatever
19 reason, or whatever. "I don't have enough
20 parking. I'm going to convert it to
21 professional office." Well, guess what?
22 There's not the number of parking spaces needed
23 that are necessary in a professional office, the
24 two for 500.
25 We're trying to close that loophole.
Diane M.
Tropia,
44
1 That's what we're trying to do with our
2 amendment and that's what it addresses.
3 It addresses parking needs for office uses
4 simply be four per 1,000 or two for 500. That's
5 how it's worded in the ordinance. And then it's
6 not going to be up to an applicant. And
7 before -- when it comes before the Planning
8 staff to respond to the staff questions, which
9 are, how many doctors, how many staff, and how
10 many exam rooms. Well, personally they
11 shouldn't care. It's office use, just do the
12 calculation. And if they convert it later,
13 that's fine. So be it.
14 But, Councilman Corrigan, I know you
15 supported -- you did not support 50 percent
16 reduction in the office character area. You
17 actually suggested -- and it's in the ordinance
18 now that there's only 35 percent reduction in
19 that area. And we support that, wholly support
20 that. Unfortunately, this loophole and this
21 provision will allow an applicant more -- much
22 more than 35 percent credit. Perhaps a
23 60 percent or even more.
24 That's not acceptable to
25 don't want that many cars going into the
Diane M.
Tropia,
45
1 neighborhood just because an applicant perhaps
2 was inexperienced or maybe -- hopefully he
3 didn't intentionally do it in the future, and
4 we're trying to avoid that, and that's what this
5 amendment suggests.
6 Thank you.
7 THE CHAIRMAN: Thank you.
8 Our next speaker is Joann Purdie, followed
9 by Kay Ehas, followed by Carmen Godwin.
10 (Audience member approaches the podium.)
11 AUDIENCE MEMBER: Joann Purdie, 2210
13 This has been a very long process, the
14 Riverside Avondale overlay. We've had numerous
15 meetings with the Steering Committee, which I'm
16 a member of the Steering Committee. And the
17 committee consisted of businesses, neighbors.
18 Councilman Corrigan was very good in putting
19 everybody he could think of, pro or con, on the
20 Steering Committee so we could hash stuff out.
21 We've had numerous public meetings with the
22 neighborhood. All and all, it was a give and
23 take on both parts. It's a very good ordinance,
24 and I hope you would support it.
25 Thank you.
Diane M.
Tropia,
46
1 THE CHAIRMAN: Thank you.
2 Kay Ehas, followed by Carmen Godwin,
3 followed by Jack Shad.
4 (Audience member approaches the podium.)
5 AUDIENCE MEMBER: Good afternoon.
6 Kay Ehas, 2322 Dellwood Avenue, member of
7 the Steering Committee and Chair of
8 Avondale Preservation.
9 I'm here in support of the overlay bill,
10 and I'm really here to thank three particular
11 people. It was a long, hard process, a lot of
12 give and take. As you can imagine, people in
13 the neighborhood care deeply about their
14 neighborhood and wanted to get this right.
15 So I want to thank Dylan Reingold from
16 General Counsel's Office, Sean Kelly from the
17 Planning Department, and Michael Corrigan for
18 their willingness to listen to concerns and
19 ideas. They have been totally patient,
20 thoughtful, and creative throughout the process,
21 and I wanted to just publicly thank them for
22 that.
23 THE CHAIRMAN: Thank you.
24 Carmen Godwin, followed by Jack Shad,
25 followed by Mark Rubin.
Diane M.
Tropia,
47
1 (Audience member approaches the podium.)
2 AUDIENCE MEMBER: Hi.
3 Carmen Godwin,
4 I am the new executive director for
5 Riverside Avondale Preservation, so I'm here on
6 behalf of that organization.
7 The board of directors feel that the
8 overlay is -- represents a pivotal move in
9
10 protect the historic fabric of these valuable
11 neighborhoods.
12 Again, as others have said, RAP did not see
13 everything that it wanted in the document, but
14 we felt that it was important to offer
15 compromise in order to meet the needs of our
16 diverse community. Those compromises included
17 height increases in some places and relaxed
18 parking requirements in others.
19 The great thing about the overlay is that
20 it doesn't take away anyone's rights, but it
21 does offer added protection for the residential
22 areas. It also codifies the existing built
23 environment, which will result in much fewer
24 deviation and variance requests.
25 Ultimately, we feel that the overlay is a
Diane M. Tropia,
48
1 good document. It took several years and many
2 interested parties in putting it together. And
3 we hope that you will take the advice of those
4 parties who have put so much of their time and
5 expertise into this document and approve it.
6 Thank you.
7 THE CHAIRMAN: Thank you.
8 I have Jack Shad, followed by Mark Rubin.
9 (Audience member approaches the podium.)
10 THE CHAIRMAN: Good evening.
11 AUDIENCE MEMBER: Jack Shad.
12 Do you need my address or --
13 THE CHAIRMAN: Yes, please.
14 MR. J. SHAD: Okay.
15 Number 201.
16 I'm here as a resident of Avondale, as a
17 member of RAP, and as someone who has done a
18 redevelopment project in the district, and I
19 also served on the Steering Committee.
20 We believe that the overlay will reduce the
21 difficulty for homeowners seeking to upgrade
22 their property. They'll need to seek fewer
23 deviations and variances. It will reduce the
24 number of PUDs required to redevelop properties,
25 simplify the process, and should provide more
Diane M.
Tropia,
49
1 predictability for developers.
2 If there are any questions, I'd be happy to
3 answer them. Otherwise --
4 THE CHAIRMAN: Thank you. I appreciate
5 it. No questions at this point.
6 Our final speaker is Mark Rubin.
7 (Audience member approaches the podium.)
8 THE CHAIRMAN: Good evening.
9 AUDIENCE MEMBER: Good evening, members of
10 the committee, Mr. Chairman.
11 I'm Mark Rubin,
12
13 I'm also a member of the Steering
14 Committee, as well as a real estate developer
15 who has developed projects in the
16 Avondale area. We own property there. And we
17 have done projects in the past; we intend to do
18 more in the future.
19 I, too, was on the committee. We've had a
20 couple of years worth of meetings. I confirm
21 the accolades for the Chairman as well as
22 Mr. Reingold and Mr. Kelly, and other members of
23 staff, as well as RAP, and all the people that
24 attended the Steering Committee. It was a long
25 effort and it was emotional at times. A lot of
Diane M.
Tropia,
50
1 people had different agendas, but in the end,
2 we -- it was a -- it was -- it was a battle. It
3 was a give-and-take battle that ultimately
4 resolved in compromise. And compromise is
5 nobody getting exactly what they want, but
6 everybody being comfortable with what they --
7 what we've achieved. And I think what we've
8 achieved, from an overall standpoint, is
9 something that's really good for the
10 Avondale area.
11 I'm a little troubled by Mr. Lee's comments
12 and Mr. Hampton's comments because this is the
13 first I hear of this issue. And Mr. Lee was on
14 the Steering Committee, and this issue -- I'm
15 not exactly sure what he's asking for in the
16 amendment, but I -- from what I heard, I think
17 I'm against it because it opens Pandora's box in
18 terms of creating a whole other level of
19 regulation.
20 The time to raise this was at the Steering
21 Committee. Mr. Lee has certainly had an
22 opportunity to do that. I didn't hear this
23 raised anywhere else. So it's new and it's
24 really too late to address this issue as far as
25 I'm concerned because it was -- it might have
Diane M.
Tropia,
51
1 been appropriate when there was the compromise
2 process going back and forth, but to throw it in
3 now at the end, without understanding all the
4 ramifications -- which there could be many, one
5 of which is how do you police it.
6 When you start off with one use and then
7 you're concerned about some use changing within
8 office versus medical, it's a very complicated
9 analysis. The zoning code -- and I would ask
10 you to ask staff about that, if you choose to
11 discuss this more.
12 But the zoning code specifically talks
13 about medical uses versus office uses and makes
14 distinctions between them. And to come up here
15 and wave some acronym, MGMA, without any
16 foundation or basis or evidence to -- to compare
17 and to validate what they've said is really
18 inappropriate at the 11th hour.
19 So I would -- I would implore this
20 committee to not entertain any amendments and
21 ratify the good work of the Steering Committee
22 and ratify the Planning Commission, which has
23 passed this.
24 And thank you for your time.
25 THE CHAIRMAN: Thank you.
Diane M.
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52
1 I don't see any other speakers, so we'll
2 close that public hearing.
3 We have a substitute.
4 MR. CLARK: Move the sub.
5 MR. WEBB: Second.
6 THE CHAIRMAN: A motion and second on the
7 substitute.
8 Seeing no discussion on the substitute, all
9 in favor signal by saying aye.
10 COMMITTEE MEMBERS: Aye.
11 THE CHAIRMAN: All opposed.
12 COMMITTEE MEMBERS: (No response.)
13 THE CHAIRMAN: The substitute carries.
14 MR. YARBOROUGH: Move the bill as subbed.
15 MR. SHAD: Second.
16 Councilmember --
17 I have a motion and second on the bill as
18 subbed.
19 Councilmember Clark.
20 MR. CLARK: Thank you, Mr. Chairman.
21 I do have a couple of questions since it's
22 clearly an issue with parking in
23 I'm just curious, listening to Mr. Rubin and
24
25 Mr. Lee and find out, if indeed, was this issue
Diane M.
Tropia,
53
1 raised during the committee meetings? If not,
2 why. And -- and should you have fought more
3 vehemently for it.
4 (Mr. Lee approaches the podium.)
5 MR. LEE: Well, the -- no. No, the answer
6 was it was not raised in the committee
7 meetings. I don't believe it was foreseen by
8 the committee members, at least those that I was
9 present with, until a particular application
10 came forth called
11 was -- it raised our eyebrows as well as many of
12 yours.
13 A lot of that application had to do with --
14 specifically, it was approximately 12 physician
15 offices that was presented to the staff. Each
16 office was 4,000 square feet. And from that
17 information, there was an assumption that that
18 would be one physician per office and it would
19 require so many exam rooms and so many staff
20 based on whatever information the applicant
21 worked out or discussed with the Planning
22 staff.
23 That information would have provided what
24 we thought was half -- 50 percent of the number
25 of parking spaces that were actually needed.
Diane M.
Tropia,
54
1 And from that moment on, everybody has been
2 involved, or at least been aware of our concern.
3 THE CHAIRMAN: And I can explain it a
4 little bit, if I could, Councilman Clark.
5 That -- this particular issue was not
6 discussed at length at the overlay committee
7 meetings I went to, but parking has been a huge
8 discussion in this overlay process. I mean,
9 it's what to do in existing commercial and
10 office and residential areas and everything
11 else. So parking has been probably one of the
12 top two or three issues in this overlay.
13 MR. CLARK: Well, to my point. I mean, we
14 have seen and RAP has obviously had to deal with
15 a tremendous amount of conversion, trying to
16 keep things historically. We have banks that
17 try to keep those historically, even though
18 they're no longer residential, things like
19 that. And we see it time and time again. And,
20 you know, my concern is -- as with any
21 development, and predominantly a historic
22 area -- the parking is woefully inadequate when
23 you start turning uses from residential to
24 commercial.
25 And to
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1 ones who bear the burden. I mean, they're the
2 ones who basically turn into the overflow
3 parking lot, so I understand their concern.
4 And from a -- if I could ask the Planning
5 Department, I mean, what's your feeling on
6 how -- I mean, we've been pretty strict on the
7 parking to date. Is that a loophole that you
8 see as going to be a long-term issue that we're
9 going to have to face time and time again, or
10 what -- what do you see?
11 MR. KELLY: Through the Chair to
12 Councilmember Clark, no, I don't think there's a
13 loophole.
14 Parking requirements today in Part 6
15 clearly delineate medical office parking needs
16 versus professional office parking needs.
17 There's two separate standards there.
18 Again, I mean, this did come up, in fact,
19 yesterday. My fear is the unintended
20 consequences of adopting this all of a sudden,
21 potentially making numerous medical offices that
22 are existing nonconforming. Also, you're
23 encouraging more surface parking lots in a
24 historic neighborhood, which is something we
25 don't want to do.
Diane M.
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1 And so I think it's probably -- again, it's
2 the wrong place, it's the wrong time. Again,
3 you go to a suburban area of town and they're
4 going to be required potentially to have less
5 parking than would be otherwise required in
6
7 So, to me, it's not appropriate. We're not
8 supportive of any amendment with regards to the
9 parking.
10 MR. CLARK: Thank you.
11 THE CHAIRMAN: Well, I'll tell you, I'm
12 a -- I've been a little surprised at
13
14 I go to, there's a parking problem. And so I'm
15 a little bewildered on their position that they
16 want to increase the amount of parking.
17 But it is a problem existing. I
18 actually -- and Sean Kelly and I have had a
19 lengthy discussion on this. I disagree with our
20 parking ordinance now. I think that it needs
21 some attention, and why we're letting less for
22 medical when a standard office is not going to
23 get near as many visits as a medical office, so
24 I have some issues with that.
25 And if we don't take them up here on this
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1 bill, I'm going to take them up on the general
2 parking bill because I think that we need to
3 look at that and see if we have the right number
4 because I think it's an issue and I think
5
6 one.
7 So I have mixed emotions, and I've spent --
8 I don't know how many hundreds of hours on this
9 particular overlay trying to get it correct and
10 continue to think that it's better for the
11 community. So thank you.
12 Do you have questions?
13 COMMITTEE MEMBERS: (No response.)
14 THE CHAIRMAN: I don't see any other
15 speakers, so let's open the ballot and record
16 the vote.
17 MR. REINGOLD: Did you move the sub?
18 THE CHAIRMAN: Did we move the sub?
19 MR. CLARK: We did.
20 MR. REINGOLD: Did you move the amendment?
21 (Inaudible discussion.)
22 THE CHAIRMAN: Okay. We're in good order.
23 (Committee ballot opened.)
24 MR. CORRIGAN: (Votes yea.)
25 MR. YARBOROUGH: (Votes yea.)
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1 MR. CLARK: (Votes yea.)
2 MS. LEE: (Votes yea.)
3 MR. SHAD: (Votes yea.)
4 MR. WEBB: (Votes yea.)
5 (Committee ballot closed.)
6 MS. LAHMEUR: Six yeas, zero nays.
7 THE CHAIRMAN: By your actions, you've
8 passed 2008-192.
9 And let me echo some of the comments that
10 were said earlier to the Planning staff,
11 especially Sean Kelly and the Historic
12 Preservation planning staff, and to
13 Dylan Reingold from OGC.
14 A tremendous amount of work went into this
15 document. I appreciate all the energy to this
16 point. And I'm sure we've missed a couple of
17 things in this process, and we'll probably have
18 to come back at times and look at it, but we'll
19 be happy to.
20 Dylan Reingold.
21 MR. REINGOLD: To the Chair, I know my name
22 has been brought up a bunch, but I would also at
23 least like to acknowledge Mr. Jason Teal, who is
24 also here. He worked on this diligently also
25 for -- put in plenty of hours on this.
Diane M.
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1 THE CHAIRMAN: And I did not see him back
2 there.
3 Jason, I appreciate all your help on this
4 as well.
5 This has been worked on for about
6 two-and-a-half years, so I appreciate it.
7 We are on to item 19, 2008-227.
8 We'll open that public hearing.
9 Seeing no speakers, we'll continue that
10 public hearing.
11 2008-231. We'll open that public hearing.
12 Seeing no speakers, we'll continue that
13 public hearing.
14 We have an ex-parte declaration by
15 Councilmember Yarborough.
16 MR. YARBOROUGH: Thank you, Mr. Chairman.
17 I know we're not taking action on it
18 tonight. I just wanted to declare ex-parte.
19 2008-231, I talked with attorney Anna Shea
20 and also Todd Plantis (phonetic) of Racetrac
21 Gasoline Company about the revised site plan in
22 my office on May 28th at 3 o'clock to discuss
23 the site plan and also the impact to the
24 surrounding properties.
25 Thank you.
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1 THE CHAIRMAN: Okay. Thank you,
2 Councilmember Yarborough.
3 We are now on the top of page 8. 2008-236
4 is deferred.
5 Item 22, 2008-258. We will open that
6 public hearing.
7 Seeing no speakers, we'll close that public
8 hearing.
9 MR. YARBOROUGH: Move the sub.
10 MR. WEBB: Second.
11 THE CHAIRMAN: We have a motion and a
12 second on the substitute to -258.
13 Seeing no discussion on the sub, all in
14 favor of the sub signal by saying aye.
15 COMMITTEE MEMBERS: Aye.
16 THE CHAIRMAN: All opposed.
17 COMMITTEE MEMBERS: (No response.)
18 THE CHAIRMAN: The substitute carries.
19 MR. WEBB: Move to rerefer.
20 MR. YARBOROUGH: Second.
21 THE CHAIRMAN: I have a motion and second
22 to rerefer 2008-258 as substituted.
23 Seeing no discussion, open the ballot and
24 record the vote.
25 (Committee ballot opened.)
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1 MR. CORRIGAN: (Votes yea.)
2 MR. YARBOROUGH: (Votes yea.)
3 MS. LEE: (Votes yea.)
4 MR. WEBB: (Votes yea.)
5 (Committee ballot closed.)
6 MS. LAHMEUR: Four yeas, zero nays.
7 THE CHAIRMAN: By your action, you've
8 subbed and rereferred 2008-258.
9 We're on item 23, 2008-268. The
10 aforementioned Mr. Paul Harden is here to speak
11 on that bill.
12 (Mr. Harden approaches the podium.)
13 MR. HARDEN: Paul Harden, 1301 Riverplace
14 Boulevard.
15 This is a PUD which coordinates two land
16 use map amendments that have already been
17 approved by the council. They were in separate
18 zoning classifications. The -- this PUD is to
19 just put them all into one -- one zoning so that
20 the land use is now consistent with the zoning.
21 The Planning Commission had an amendment
22 that was approved by the Planning Department
23 that we are in agreement to.
24 I'll be happy to answer any questions.
25 THE CHAIRMAN: Thank you, Mr. Harden.
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1 I don't see any questions for you at this
2 point, so we'll go ahead and close that public
3 hearing.
4 MR. WEBB: Move the amendment.
5 MR. YARBOROUGH: Second.
6 THE CHAIRMAN: I have a motion and second
7 on the amendment to -268.
8 Let's go to the Planning Department for the
9 explanation of the amendment.
10 MR. CROFTS: Yes, sir, Mr. Chairman.
11 The amendment consists of the following:
12 Condition number 1, "The development shall
13 be subject to the revised legal description
14 dated June 12, 2008."
15 Number 2, "The development shall be subject
16 to the original written description dated
17 February 22, 2008."
18 Number 3, "The development shall be subject
19 to the original site plan dated February 22,
20 2008."
21 Number 4, "No maintenance, repair or body
22 shop uses shall occur on the western 100 feet of
23 the property."
24 Number 5, "The 35-foot setback buffer along
25 the west property line shall consist of a 4-inch
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1 diameter breast height evergreen tree planted
2 for every 25 feet of the uncomplementary land
3 use boundary. All other planting and visual
4 screening requirements of section 656.1216 of
5 the zoning code shall apply."
6 Number 6 and finally, "There shall be no
7 signage on
8 a residentially-zoned property."
9 Thank you, sir.
10 MR. HARDEN: The dates are wrong on the
11 written description, the site plan. I think we
12 corrected them at Planning Commission. The site
13 plan and written description were updated and
14 include both pieces of property. That's dated
15 June 12th as well, the site plan and written
16 description.
17 THE CHAIRMAN: We're getting that verified
18 by the Planning Department.
19 MR. CROFTS: That would be correct.
20 So the first three conditions would all
21 reference June 12th, 2008.
22 Thank you.
23 MR. HARDEN: That's correct.
24 THE CHAIRMAN: And you agree to that,
25 Mr. Harden?
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1 MR. HARDEN: Yes.
2 THE CHAIRMAN: Thank you very much.
3 Councilmember Lee.
4 MS. LEE: Yes. I have a question, through
5 the Chair, to Mr. Kelly.
6 Mr. Kelly, the conditions that you just
7 read, are those conditions recommended by the
8 Planning Department?
9 MR. KELLY: That's correct.
10 The Planning Commission adopted -- or
11 recommended approval with the conditions
12 indicated in the letter. The only changes were
13 to the dates of the legal description, written
14 description, and the site plan.
15 MS. LEE: How were the conditions -- how
16 did the conditions come up? Was there -- the
17 neighbors or any particular business? Who
18 recommended the conditions? How did they get
19 there?
20 MR. KELLY: The Planning Department.
21 MS. LEE: The Planning Department thought
22 those conditions were necessary?
23 MR. KELLY: That's correct.
24 Based on the site plan and the extent of
25 the use, the original -- or the site plan
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1 essentially originally showed one building that
2 basically bisected two separate PUDs. So the
3 reason for the revision was to incorporate this
4 as one legal description and then rezone the
5 entire automotive dealership.
6 But the buffering standards that were in
7 place identified the 30-foot -- basically
8 35-foot setback, and then we had restrictions on
9 the uses that could occur within 100 feet of the
10 residential uses.
11 MS. LEE: Okay. And this is the --
12 Okay. Thank you, Mr. Kelly.
13 (Mr. Yarborough assumes the Chair.)
14 THE CHAIRMAN: Thank you, Councilwoman Lee.
15 Any further discussion on the amendment?
16 COMMITTEE MEMBERS: (No response.)
17 THE CHAIRMAN: Seeing none, all in favor of
18 the amendment signify by saying aye.
19 COMMITTEE MEMBERS: Aye.
20 (Mr. Franklin approaches the podium.)
21 MR. FRANKLIN: (Inaudible.)
22 THE CHAIRMAN: Is this on this bill?
23 Hang on one second.
24 Ms. Eller, would it be okay if we reopen
25 the public hearing? We just had a speaker come
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1 up. Would that be in procedure?
2 MS. ELLER: (Nods head.)
3 THE CHAIRMAN: We'll open the public
4 hearing back briefly.
5 Tim Franklin to speak to this bill. If
6 you'd come up and state your name and address
7 for the record, please, sir.
8 (Mr. Franklin approaches the podium.)
9 MR. FRANKLIN: Thank you, Mr. Chair. Good
10 evening, committee members.
11 Tim Franklin,
12 I'm here on behalf of Hershel Jackson, who
13 lives on the property, just to the west of this,
14 for about 500 feet along the western boundary
15 line of the dealership property.
16 He lives adjacent to the -- originally
17 there was a small .85 parcel going in with a
18 separate PUD. And as Mr. Kelly ably explained,
19 the amendment here goes to combining that with
20 the prior PUD, going PUD to PUD as opposed to
21 having two different PUDs with two different
22 written descriptions for part of the dealership
23 property and this property.
24 I just wanted to say, we had some concerns
25 about the bill originally as it was drafted with
Diane M.
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1 the inclusion of -- I believe it's conditions 3
2 and 4 that the Planning Commission recommended,
3 namely, the 35-foot uncomplementary buffer. And
4 also a restriction on automotive sales -- excuse
5 me -- automotive repair work and automotive body
6 work within 100 feet of that western boundary.
7 With those two conditions that we worked
8 with the Planning Department on, we're okay with
9 the bill as it's written. We think it will
10 provide a sufficient buffer to our property.
11 Without those conditions, though, I'm
12 afraid that it's going to significantly
13 devalue -- devalue the property to the west of
14 my client and, frankly, ruin his quality of life
15 with the kind of impacts you'd expect from a
16 large PUD like this.
17 So with those two conditions, though, we
18 are -- we are not opposed to this bill.
19 Thank you.
20 THE CHAIRMAN: Thank you, sir.
21 Questions for Mr. Franklin?
22 COMMITTEE MEMBERS: (No response.)
23 THE CHAIRMAN: Seeing none, we will reclose
24 the public hearing.
25 MR. CORRIGAN: Move the bill.
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1 MR. CLARK: Second.
2 THE CHAIRMAN: Motion and second on the
3 bill as amended.
4 Any discussion?
5 COMMITTEE MEMBERS: (No response.)
6 THE CHAIRMAN: Seeing none, open the
7 ballot.
8 (Committee ballot opened.)
9 MR. CORRIGAN: (Votes yea.)
10 MR. YARBOROUGH: (Votes yea.)
11 MR. CLARK: (Votes yea.)
12 MS. LEE: (Votes yea.)
13 MR. SHAD: (Votes yea.)
14 MR. WEBB: (Votes yea.)
15 (Committee ballot closed.)
16 MS. LAHMEUR: Six yeas, zero nays.
17 THE CHAIRMAN: By your action, you have
18 approved 2008-268 as amended.
19 Committee members, page 9. 2008-279 is
20 deferred, as well as 2008-280.
21 We've already taken up 2008-313, so we'll
22 move to 2008-314.
23 We'll open the public hearing.
24 MS. LEE: Move to defer --
25 THE CHAIRMAN: I'm sorry?
Diane M.
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1 MS. LEE: I'm sorry. Go ahead.
2 THE CHAIRMAN: Ms. Lee, did you --
3 There were no speakers, so we'll go ahead
4 and close that public hearing.
5 Go ahead, Ms. Lee.
6 MS. LEE: Yes. Mr. Chairman, I would
7 like -- I would like for this bill to be
8 deferred. As you can see, the Planning
9 Department has recommended denial.
10 THE CHAIRMAN: Yes, ma'am.
11 MS. LEE: And the representatives of this
12 particular rezoning have requested to talk to me
13 concerning this matter.
14 THE CHAIRMAN: Okay.
15 MS. LEE: And in fairness to them, I would
16 like the opportunity to speak with them. That
17 has no bearing on my decision of how I'm going
18 to vote, but I think, just out of courtesy, that
19 I would like to oblige them.
20 THE CHAIRMAN: Let me ask our Chairman.
21 Mr. Corrigan, request to defer -314. Is
22 that -- will that be acceptable, sir?
23 MR. CORRIGAN: (Inaudible.)
24 THE CHAIRMAN: Ms. Lee, we'll defer -314.
25 I'm sorry. We'll reopen the public hearing
Diane M.
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1 and we'll continue it to the next committee
2 meeting.
3 MS. ELLER: Yes.
4 THE CHAIRMAN: Which I'm not sure what date
5 in July that is, but the next time LUZ meets,
6 we'll continue.
7 July 15th.
8 Ms. Lee, go ahead.
9 MS. LEE: Thank you, Mr. Chairman.
10 And, Mr. Chairman, I appreciate this
11 because it is in the area that I represent, you
12 know. And I just think common courtesy would --
13 you know.
14 So thank you.
15 THE CHAIRMAN: You're welcome, Ms. Lee.
16 Thank you.
17 2008-314 will be deferred.
18 Committee members, top of page 10,
19 2008-361. We'll open the public hearing.
20 We have one speaker, Emily Pierce.
21 (Ms. Pierce approaches the podium.)
22 THE CHAIRMAN: Good evening.
23 If you'd state your name and address,
24 Ms. Pierce.
25 MS. PIERCE: Emily Pierce, 1301 Riverplace
Diane M.
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1 Boulevard.
2 This is a PUD to PUD rezoning in Councilman
3 Corrigan's district. We have spoken and met
4 with him about it. We have a Planning
5 Department recommendation of approval and
6 Planning Commission support, and I request your
7 support.
8 Thank you.
9 THE CHAIRMAN: Okay. Thank you.
10 Questions for Ms. Pierce?
11 MS. LEE: (Inaudible.)
12 THE CHAIRMAN: Were you up from last time?
13 MS. LEE: (Inaudible.)
14 THE CHAIRMAN: Okay. That's all right.
15 Any questions for Ms. Pierce?
16 COMMITTEE MEMBERS: (No response.)
17 THE CHAIRMAN: We'll close the public
18 hearing.
19 MR. CLARK: Move the amendment.
20 MR. CORRIGAN: Second.
21 THE CHAIRMAN: A motion and second on the
22 amendment.
23 Mr. Crofts.
24 MR. CROFTS: Yes. The amendment is as
25 follows:
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1 Condition number 1, "The developer shall be
2 subject to the original legal description dated
3 April 10, 2008."
4 Number 2, "The developer shall be subject
5 to the original written description dated
6 April 10, 2008."
7 Number 3, "The developer shall be subject
8 to the original site plan dated April 9, 2008."
9 Number 4 and finally, "Transportation
10 improvements shall be made in accordance with
11 the Development Services memorandum dated
12 April 30, 2008, or as otherwise approved by the
13 Planning and Development Department."
14 Thank you.
15 THE CHAIRMAN: Thank you, Mr. Crofts.
16 Ms. Pierce, you're in agreement with the
17 conditions as read?
18 MS. PIERCE: Yes, we are.
19 THE CHAIRMAN: Thank you.
20 MR. WEBB: Move the bill as amended.
21 THE CHAIRMAN: We haven't voted on the
22 amendment yet.
23 MR. WEBB: Move the amendment.
24 MR. CLARK: Second.
25 THE CHAIRMAN: All in favor of the
Diane M.
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1 amendment say aye.
2 COMMITTEE MEMBERS: Aye.
3 MR. WEBB: Move the bill as amended.
4 THE CHAIRMAN: Now we can move the bill as
5 amended.
6 MR. CLARK: Second.
7 THE CHAIRMAN: There's a motion and second
8 on the bill as amended.
9 Any discussion?
10 COMMITTEE MEMBERS: (No response.)
11 THE CHAIRMAN: Seeing none, open the
12 ballot.
13 (Committee ballot opened.)
14 MR. CORRIGAN: (Votes yea.)
15 MR. YARBOROUGH: (Votes yea.)
16 MR. CLARK: (Votes yea.)
17 MS. LEE: (Votes yea.)
18 MR. SHAD: (Votes yea.)
19 MR. WEBB: (Votes yea.)
20 (Committee ballot closed.)
21 MS. LAHMEUR: Six yeas, zero nays.
22 THE CHAIRMAN: Thank you.
23 By your action, you have approved 2008-361
24 as amended.
25 2008-362. We'll open the public hearing.
Diane M.
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1 Seeing no speakers, we'll continue the
2 public hearing with no other action this
3 evening.
4 2008-363. We'll open the public hearing.
5 We have one speaker, Mr. Hainline.
6 (Mr. Hainline approaches the podium.)
7 THE CHAIRMAN: Good evening, sir.
8 MR. HAINLINE: Good evening.
9 T.R. Hainline,
10 This is PUD amendment for
11 down at
12 you know,
13 that area up, and they want to add some
14 entitlements. And we've worked well with the
15 Planning Department to come up with conditions.
16 The only -- and I'm happy to answer any
17 questions.
18 The only thing I would ask you to be sure
19 and do is to amend it to include the Planning
20 Commission conditions because the Commission
21 changed one of the conditions with the agreement
22 of the Planning Department at the Planning
23 Commission meeting.
24 So that would be the only point I would
25 make, and I'm happy to answer any questions.
Diane M.
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1 THE CHAIRMAN: Okay. Thank you.
2 Questions for Mr. Hainline?
3 COMMITTEE MEMBERS: (No response.)
4 THE CHAIRMAN: Seeing none and no further
5 speakers, we'll close that public hearing.
6 MR. WEBB: Move the amendment.
7 MR. CLARK: Second.
8 THE CHAIRMAN: A motion and second on the
9 amendment.
10 Mr. Crofts.
11 MR. CROFTS: The amendment is as follows:
12 "The development shall be subject to the
13 original legal description dated April 21,
14 2008."
15 Number 2, "The development shall be subject
16 to the original written description dated
17 April 21, 2008."
18 Number 3, "The development shall be subject
19 to the original site plan dated April 16,
20 2008."
21 Number 4, "The development shall be subject
22 to the Development Services memorandum dated
23 April 30, 2008, and the FDOT memorandum dated
24 June 2, 2008, or as otherwise approved by the
25 Planning and Development Department."
Diane M.
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1 Fifth and finally, "Signage exhibits per
2 enacted ordinance 2003-836-E shall still
3 apply."
4 That concludes the amendment.
5 THE CHAIRMAN: Thank you, Mr. Crofts.
6 Mr. Hainline, are you in agreement?
7 MR. HAINLINE: Yes.
8 THE CHAIRMAN: Okay. He's acknowledging
9 that.
10 Thank you, Mr. Crofts.
11 All in favor of the amendment say aye.
12 COMMITTEE MEMBERS: Aye.
13 THE CHAIRMAN: Any opposed?
14 COMMITTEE MEMBERS: (No response.)
15 THE CHAIRMAN: By your action, you've
16 approved the amendment.
17 MR. WEBB: Move the bill as amended.
18 MR. CLARK: Second.
19 THE CHAIRMAN: A motion and second on the
20 bill as amended.
21 Any discussion?
22 COMMITTEE MEMBERS: (No response.)
23 THE CHAIRMAN: Seeing none, open the
24 ballot.
25 (Committee ballot opened.)
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1 MR. CORRIGAN: (Votes yea.)
2 MR. YARBOROUGH: (Votes yea.)
3 MR. CLARK: (Votes yea.)
4 MS. LEE: (Votes yea.)
5 MR. SHAD: (Votes yea.)
6 MR. WEBB: (Votes yea.)
7 (Committee ballot closed.)
8 MS. LAHMEUR: Six yeas, zero nays.
9 THE CHAIRMAN: By your action, you've
10 approved 2008-363 as amended.
11 2008-364. We'll open the public hearing.
12 We have one speaker, Mr. Hart.
13 (Audience member approaches the podium.)
14 THE CHAIRMAN: Good evening, sir.
15 If you'll state your name and address,
16 please.
17 AUDIENCE MEMBER: Justin Hart, 8051
18 Lane.
19 I'm here to ask for your support for a
20 minimum road frontage waiver so Mr. Alvarez can
21 build a house on his 120-acre farm. He
22 currently has a 60-foot easement.
23 There's been some miscommunication. And if
24 you read the staff report, they've made a
25 mistake. They've written the staff report based
Diane M.
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1 on five acres. I think I can easily explain
2 that.
3 I want to be clear that this is one RE
4 number. It's on a 120-acre farm with a 60-foot
5 easement off
6 When I applied for the minimum road
7 frontage waiver, it was brought to my attention
8 that you need a signed and sealed, up-to-date
9 legal survey. After explaining that it would
10 cost up above 40 grand to get a survey of the
11 whole 120 acres, we've come up with a solution
12 to just survey the 5-acre parcel that his house
13 and his barn is going to go on.
14 And so, when I filled out the application,
15 I put in that it would be a five -- this is a
16 5-acre parcel of the 120 under one RE number.
17 However, if you read your staff report, it's
18 based on five acres.
19 I want to reiterate this is one parcel of
20 land, 120 acres.
21 Currently,
22 has several new subdivisions. The average
23 density of those subdivisions is three units per
24 acre. Also, the blue book states that in order
25 to build a subdivision, you have to have a
Diane M.
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1 50-foot easement for a subdivision, no matter
2 how large.
3 So I'm here to say that currently the area
4 has a density of three to -- three units per one
5 acre. And 95 percent of subdivisions in
6
7 those subdivisions.
8 What we're asking for is to allow
9 Mr. Alvarez to build a house on his family's
10 120-acre farm. He has a 60-foot easement, which
11 is 10 foot more than 95 percent of all
12
subdivisions in
13 However, it's not curb and guttered and
14 paved. It is well-maintained, and it serves
15 only his house and Mr. Alvarez's house.
16 I would appreciate your support. Here to
17 answer any questions.
18 THE CHAIRMAN: Thank you, Mr. Hart.
19 Any questions?
20 COMMITTEE MEMBERS: (No response.)
21 THE CHAIRMAN: Seeing none, we'll close the
22 public hearing.
23 I will entertain a motion.
24 MR. CLARK: Move to grant --
25 MR. CORRIGAN: Second.
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1 MR. KELLY: To the Chair --
2 THE CHAIRMAN: Mr. Kelly --
3 There's a motion and second to grant.
4 Mr. Kelly.
5 MR. KELLY: Yes, sir.
6 We, at this time, would change our
7 position. We do have a couple of amendments
8 based on the miscommunication with regards to
9 the acreage.
10 It was under- -- I guess the thought was
11 that they -- essentially by allowing a waiver,
12 they'd be creating an illegal lot which didn't
13 conform to the underlying land use. So that was
14 part of the reasoning of our denial.
15 And, at this time, I think we're in a
16 posture to support the request subject to a
17 couple of conditions.
18 THE CHAIRMAN: Okay. Do we need to --
19 Ms. Eller, do we need to entertain another
20 amendment or can we roll it all into the one
21 amendment?
22 MS. ELLER: To the Chairman, you may roll
23 all of that into an amendment to grant the
24 waiver. I would request that the Planning
25 Department read those proposed conditions for
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1 the committee's consideration.
2 THE CHAIRMAN: Yes, ma'am.
3 We've already moved -- there's been a
4 motion and a second.
5 Mr. Kelly, if you'll go ahead and read
6 those.
7 MR. KELLY: Thank you.
8 The first condition would be that, "The
9 address shall be clearly marked at the terminus
10 of the
11 Additionally, "The subject 120-acre
12 property shall not be further subdivided unless
13 the
14 compliance with City standards."
15 Based on those two conditions, we're
16 recommending approval.
17 THE CHAIRMAN: Okay. Mr. Hart, are you in
18 agreement with the conditions, sir?
19 MR. HART: I would agree to the
20 conditions. However, if we could add somewhere
21 in the second condition if for some reason in
22 the foreseeable next 20 years one of
23 Mr. Alvarez's other daughters or sons wanted to
24 build a house out there on the farm, maybe allow
25 it for family members because this is a family
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1 farm. His son currently lives on a 10-acre
2 parcel next to this farm that was pre1969, so he
3 didn't have to do this.
4 THE CHAIRMAN: Mr. Corrigan.
5 MR. CORRIGAN: Through the Chair to the
6 Planning Department, I think there's already a
7 provision in the code that allows a family
8 member to build on a piece of property, isn't
9 there?
10 MR. KELLY: That's correct.
11 This property has zero road frontage. The
12 family homestead provision in the land use
13 element allows for additional family members
14 basically to come in through a -- the family
15 homestead partition, so to speak, which wouldn't
16 require the lineal consanguinity to require each
17 individual parcel that gets subdivided, but
18 there is that provision within the future land
19 use element.
20 MR. CORRIGAN: Okay. Mr. Hart, I don't
21 think it's necessary. I think it can already
22 happen.
23 MR. HART: Thank you.
24 MR. CORRIGAN: So I think you're okay.
25 MR. HART: No problem.
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1 THE CHAIRMAN: Okay. Any discussion on the
2 amendment?
3 COMMITTEE MEMBERS: (No response.)
4 THE CHAIRMAN: Okay. All in favor of the
5 amendment signify by saying aye.
6 COMMITTEE MEMBERS: Aye.
7 THE CHAIRMAN: Okay. By your action,
8 you've approved the amendment.
9 MR. CORRIGAN: Move the bill as amended.
10 MR. CLARK: Second.
11 THE CHAIRMAN: Which -- and that's to
12 grant?
13 MR. CORRIGAN: To grant the waiver.
14 THE CHAIRMAN: Yes, sir.
15 Motion and second to move the amendment to
16 grant the wavier.
17 Any discussion?
18 COMMITTEE MEMBERS: (No response.)
19 THE CHAIRMAN: Seeing none, open the
20 ballot.
21 (Committee ballot opened.)
22 MR. CORRIGAN: (Votes yea.)
23 MR. YARBOROUGH: (Votes yea.)
24 MR. CLARK: (Votes yea.)
25 MS. LEE: (Votes yea.)
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1 MR. SHAD: (Votes yea.)
2 MR. WEBB: (Votes yea.)
3 (Committee ballot closed.)
4 MS. LAHMEUR: Six yeas, zero nays.
5 THE CHAIRMAN: By your action, you have
6 granted the waiver on 2008-364.
7 Top of page 11. 2008-365. We'll open the
8 public hearing.
9 We have a few speakers. Janice Smith,
10 followed by Mr. Darrell Smith.
11 If you'll come forward.
12 Are they here?
13 AUDIENCE MEMBER: Sir, I'm going to ask to
14 be excused because I've been coughing.
15 THE CHAIRMAN: Okay. Thank you, Ms. Smith.
16 Ms. Smith chooses not to speak.
17 Mr. Smith, if you'd come forward.
18 (Audience member approaches the podium.)
19 THE CHAIRMAN: State your name and address
20 for the record, please.
21 AUDIENCE MEMBER: Mr. Chairman, Darrell
22 Smith,
23 THE CHAIRMAN: Mr. Smith, go ahead.
24 MR. SMITH: We -- we currently have over
25 three acres on our piece of property now that
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1 we've had -- made into two parcels. And we've
2 got a single-family on parcel 1 now, and we're
3 asking your support in building another dwelling
4 on parcel 2 there.
5 THE CHAIRMAN: Okay. Thank you, Mr. Smith.
6 MR. SMITH: Yes, sir.
7 THE CHAIRMAN: Appreciate you being here
8 tonight.
9 Thank you.
10 MR. SMITH: Yes, sir.
11 THE CHAIRMAN: Seeing no further speakers,
12 we'll close that public hearing.
13 MR. WEBB: Move to grant.
14 MR. CLARK: Second.
15 THE CHAIRMAN: A motion and second on the
16 amendment to grant.
17 Any discussion?
18 COMMITTEE MEMBERS: (No response.)
19 MR. KELLY: (Indicating.)
20 THE CHAIRMAN: I'll turn to Mr. Kelly.
21 Sorry about that. I didn't have it written
22 here.
23 MR. KELLY: Thank you.
24 To the Chair, ordinance 2008-365 is a
25 waiver of road frontage seeking to reduce the
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1 required road frontage from eighty feet to zero
2 feet. The subject property is located at 1892
4 A previous request for a waiver of road
5 frontage was granted for the existing dwelling
6 on the property back in 2005 from 80 feet to
7 45 feet. That waiver was approved with a
8 condition that precluded a second principal
9 structure from being constructed on the two-acre
10 property.
11 This waiver, again, has the effect of
12 legitimizing the existing dwelling that was
13 approved in 2005. Again, this request is
14 basically to subdivide the property, thus
15 creating the need for the additional waiver.
16 We've reviewed the application. We find
17 that it is meeting the criteria. We do have the
18 one condition of approval that, "There shall be
19 a 25-foot-wide, clear and unobstructed visual
20 access easement to the waterway from Buccaneer
21 Drive."
22 THE CHAIRMAN: Thank you, Mr. Kelly.
23 Mr. Smith, are you in agreement?
24 MR. SMITH: Mr. Chairman, if I could ask
25 the board's support -- if we could waive the
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1 25-foot visible access. It's really only
2 visible from the roadway, from the road. You
3 know, in the future we might -- a new dwelling,
4 we might put a privacy fence or something across
5 the section.
6 If there's any way that you-all could waive
7 that 25-foot right-of-way there, I would sure
8 appreciate it -- from the board. There's really
9 no significant value of it being there because
10 it's really not going to be for -- helpful for
11 anyone other than somebody standing in the road
12 to see it.
13 THE CHAIRMAN: Let me -- Councilman Clark,
14 go ahead, this is in your district -- or staff.
15 MR. CLARK: I tell you, I mean, I've been
16 out in Buccaneer. There's -- he's out there on
17 a point. There's nothing else out there.
18 There's -- you know, he's just -- it's them,
19 marsh, and yellow flies.
20 MR. SMITH: Yes, sir.
21 MR. CLARK: So, you know, I don't think
22 they're going to mind.
23 MR. SMITH: (Inaudible.)
24 MR. CLARK: So is that a --
25 MR. KELLY: Through the Chair to Councilman
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1
2 indicated putting up a privacy fence in a front
3 yard, which would be illegal under the terms of
4 the zoning code.
5 Again, the intent of the zoning code, under
6 656.419, is to maintain that visual access to
7 the river, to those navigable waterways. So we
8 wouldn't be supportive of it without the
9 condition.
10 MR. SMITH: Well, I was mainly referring to
11 maybe a privacy fence towards the back part of
12 the yard or maybe a shed or something along the
13 lines, or even moving the house over a little
14 bit.
15 You know, if it was going to make a
16 difference for the neighbors or for -- you know,
17 for people to see better out towards the marsh,
18 I could understand it, but I really don't think
19 it's going to be beneficial to anybody to have
20 that covenant on it to where we can't maybe
21 slide the house over when we build it a little
22 closer to the property line.
23 THE CHAIRMAN: Mr. Kelly.
24 MR. KELLY: Thank you.
25 Through the Chair, again, just -- the
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1 concern is that a house gets built and, you
2 know, from the end of the road as the residents
3 drive into that area of the road -- and that's
4 part of their neighborhood. They walk their
5 dogs and it's part of where they live, that --
6 maintaining those lines of sight from the ends
7 of the right-of-way are important, maintaining
8 the visual access. It's an amenity to that
9 overall neighborhood. So we view it in that
10 context. And it's really only 25 feet, which is
11 essentially the closed right-of-way portion from
12 1980.
13 So if that is just left open and they don't
14 construct a house in that closed 30-foot strip
15 of right-of-way, then they're meeting that
16 requirement.
17 So we don't feel it's onerous on them to
18 provide this, and we think it's within the
19 public benefit.
20 THE CHAIRMAN: Thank you.
21 Anything further?
22 Okay. Thank you, Mister --
23 MR. SMITH: Is there any way that we might
24 be able to compromise and make it a little
25 smaller? You'll still be able to see through
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1 the properties and see the marsh. You know,
2 you'll still be able to see plenty -- plenty of
3 marsh by walking a dog down at the terminus of
4 the road. But, you know, there's not very much
5 traffic there. It's on a dead -- it's a
6 dead-end off of a circle. There's not many
7 single-family dwellings in the area. So there's
8 not a whole lot -- it's not like a neighborhood,
9 per se, like you're used to being in. It's
10 really a small -- a small area with not very
11 many families at all.
12 THE CHAIRMAN: Councilman Clark.
13 MR. CLARK: I mean, I have to agree with
14 him on that one. It's a tiny, tiny, little
15 area, and darn near every single human being
16 there is on the marsh.
17 MR. SMITH: Yes, sir.
18 MR. CLARK: So, I mean, I have to agree
19 with him on that one. So why don't we give to
20 15 feet. Can I make that amendment?
21 THE CHAIRMAN: If we roll it into the --
22 MR. CLARK: I can make the amendment to
23 give to 15 feet?
24 THE CHAIRMAN: Yeah.
25 MR. CLARK: Let's roll it all together with
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1 15 feet and approve it.
2 THE CHAIRMAN: We're still on the
3 amendment.
4 We can make that change, Mr. Kelly?
5 MR. KELLY: (Nods head.)
6 THE CHAIRMAN: Okay.
7 MR. SMITH: Thank you so much, Mr. Clark.
8 THE CHAIRMAN: Thank you, Mr. Smith.
9 MR. SMITH: Appreciate it.
10 THE CHAIRMAN: Okay. We're on the
11 amendment, seconded, with the inclusion of the
12 change.
13 All in favor of the amendment signify by
14 saying aye.
15 COMMITTEE MEMBERS: Aye.
16 THE CHAIRMAN: By your action, you've
17 approved the amendment.
18 MR. WEBB: Move the bill as amended.
19 MR. CLARK: Second.
20 THE CHAIRMAN: As amended.
21 Okay. Motion and second to grant the
22 waiver as amended.
23 Any discussion?
24 COMMITTEE MEMBERS: (No response.)
25 THE CHAIRMAN: Seeing none, open the
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1 ballot.
2 (Committee ballot opened.)
3 MR. CORRIGAN: (Votes yea.)
4 MR. YARBOROUGH: (Votes yea.)
5 MR. CLARK: (Votes yea.)
6 MS. LEE: (Votes yea.)
7 MR. SHAD: (Votes yea.)
8 MR. WEBB: (Votes yea.)
9 (Committee ballot closed.)
10 MS. LAHMEUR: Six yeas, zero nays.
11 THE CHAIRMAN: Thank you.
12 By your action, you have approved --
13 MR. SMITH: Thank you very much. God bless
14 y'all. Thank you.
15 THE CHAIRMAN: Thank you, Mr. Smith. Have
16 a good evening.
17 2008-365, the waiver is granted.
18 2008-366. We'll open the public hearing.
19 We have one speaker, Mattie Taylor.
20 AUDIENCE MEMBER: (Indicating.)
21 THE CHAIRMAN: Good evening, Ms. Taylor.
22 If you'll come forward.
23 (Audience member approaches the podium.)
24 THE CHAIRMAN: State your name and address
25 for the record.
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1 AUDIENCE MEMBER: Good evening.
2 I'm Mattie Taylor,
3 And I'm here concerning this amendment. I
4 don't have a problem with any church having a
5 sign. However, where the sign is now
6 positioned, it's less than 30 feet from my front
7 door, and it shines in my house.
8 They have a tendency to leave it on. I
9 know they're looking to get a new sign, but
10 where the sign is actually positioned needs to
11 be repositioned. It needs to be either put in
12 front of their church and not on the side of the
13 church.
14 Our -- my lot sits adjacent to theirs.
15 They're on the right -- the left-hand side of
16 me. And when they're there, it's fine. They
17 have a tendency -- they do turn it off. But
18 there have been occasions where it's been left
19 on for a week, and I've tried calling and
20 getting someone to turn it off.
21 So I'm here asking the committee to see if
22 they can, first, find another place to put their
23 sign before it's granted. And if the sign is
24 granted, which I have no problem with, that they
25 move it and put a timer on it so that it will go
Diane M. Tropia,
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1 off in proper time.
2 We have a very small neighborhood. I've
3 owned this lot for 46 years. It's been family
4 property. I don't have any problems with
5 churches in the area. Most of us go into other
6 areas to worship. The only thing that I'm
7 asking is when they come into our area, to
8 respect us also. We've lived there. They come
9 into the area.
10 And it's been a lot of instances going on
11 back and forth, which is neither here or there
12 at the moment, but the sign is my biggest
13 concern. It hinders me from sleeping at night,
14 and I'm a heart patient. When the light is on,
15 it's extremely bright. It illuminates my whole
16 front part of my house.
17 So I'm just asking the committee to please
18 reconsider this. Maybe put some more planning
19 into it and see if there are other options
20 before this sign goes up. Maybe putting it on
21 the corner of Helena and Sawyer, or directly in
22 front of their church.
23 I thank you very much.
24 THE CHAIRMAN: Thank you, Ms. Taylor.
25 Ms. Lee, do you have a question for
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1 Ms. Taylor?
2 MS. LEE: Yes. This is in the district
3 that I represent.
4 And, Ms. Taylor --
5 MS. TAYLOR: Yes.
6 MS. LEE: -- I'm going to refer to the
7 Planning Department. We're going to work to try
8 to make it where it will work for everybody.
9 I'm asking --
10 MS. TAYLOR: Thank you.
11 MS. LEE: -- that it be deferred.
12 And we all are diligent about trying to,
13 number one, see if we can just work it out
14 where --
15 MS. TAYLOR: Everybody is happy.
16 MS. LEE: -- everybody is happy.
17 And I think -- I think we have a solution.
18 I'll let either -- Mr. Folks has something to
19 say. He can -- you want to go down --
20 MR. HUXFORD: (Inaudible.)
21 MS. LEE: Excuse me?
22 MR. HUXFORD: (Inaudible.)
23 MS. LEE: Okay. He'll meet you outside and
24 share with you what we're planning to do.
25 MS. TAYLOR: Thank you.
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1 MS. LEE: I would request -- are you going
2 to be chairman for the rest of the evening?
3 THE CHAIRMAN: No, I don't think so,
4 Ms. Lee.
5 MS. LEE: Oh, okay.
6 THE CHAIRMAN: We're just about to switch
7 again.
8 MS. LEE: Okay.
9 THE CHAIRMAN: I will just mention that the
10 public hearing will be continued, so no action
11 on this bill tonight.
12 MS. LEE: Okay, then. It has to be
13 continued. Okay.
14 THE CHAIRMAN: Yes, ma'am.
15 MS. LEE: I just -- we're going to work
16 this out.
17 THE CHAIRMAN: Okay. Thank you,
18 Councilwoman Lee.
19 And, as I mentioned, this public -- there's
20 no further speakers, so the public hearing will
21 be continued to the next LUZ meeting on
22 July 15th.
23 (Mr. Corrigan resumes the Chair.)
24 THE CHAIRMAN: Thank you, Councilmember
25 Yarborough.
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1 We are now on item 34, which begins a
2 series of semiannual land use amendments. Items
3 34 through 46, actually, they're all the same
4 type of amendments.
5 To begin with item 34, 2008-390.
6 We will open that public hearing. We have
7 a number of speakers -- four speaker cards.
8 We have Paul Harden, Karl Sanders,
9 Nancy Kilgo, and James Farley.
10 (Mr. Sanders approaches the podium.)
11 THE CHAIRMAN: Mr. Sanders, good evening.
12 MR. SANDERS: Good evening, Mr. Chairman.
13 Karl Sanders. I'm here on behalf of the
14 JEA.
15 This is a land use amendment to allow for
16 the development of the first power generating
17 station since the Southside generating station
18 was decommissioned in 2001.
19 MS. LEE: Excuse me. I did not hear his
20 position.
21 Who is he, through the Chair?
22 MR. SANDERS: Through the Chair,
23 Councilwoman Lee, my name is Karl Sanders. I'm
24 representing the applicant, JEA.
25 MS. LEE: Do you work for JEA?
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1 MR. SANDERS: No, ma'am, I do not. I'm an
2 attorney here in --
3 MS. LEE: Oh, okay.
4 MR. SANDERS: Yes, ma'am.
5 THE CHAIRMAN: Go ahead, Mr. Sanders.
6 MR. SANDERS: Mr. Chair, it's about
7 160 acres, a hodgepodge of different land use
8 classifications today. We're -- and it's also
9 located in an area that the City has identified
10 as an industrial sanctuary. We're requesting
11 that all of the land use classifications be
12 changed to PBF to allow for this.
13 Staff has recommended approval. The
14 Industrial Technical Advisory Committee
15 unanimously recommended approval. The Planning
16 Commission unanimously recommended approval.
17 We're asking this committee for its support as
18 well.
19 I'll be available for any questions you may
20 have on the land use amendment.
21 Ms. Kilgo, with the JEA, is here this
22 evening. She's going to address you about the
23 details of the project itself, give you an
24 overview of that, and then we would like the
25 opportunity to reserve -- have rebuttal time in
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1 the event that that's necessary.
2 THE CHAIRMAN: Sure. Thank you.
3 MR. SANDERS: Thank you, Mr. Chairman.
4 THE CHAIRMAN: Mr. Sanders, you're going to
5 act as the agent on this for the rebuttal; is
6 that correct?
7 MR. SANDERS: Yes.
8 THE CHAIRMAN: Okay. Thank you.
9 Nancy Kilgo.
10 (Ms. Kilgo approaches the podium.)
11 THE CHAIRMAN: Nancy Kilgo will be followed
12 by James Faley.
13 MR. SANDERS: Thank you.
14 AUDIENCE MEMBER: Thank you.
15 Nancy Kilgo, JEA,
16
17 I'm here to give a very brief overview of
18 the project. We'll be happy to answer any
19 questions you might have.
20 As Karl mentioned, this will be the first
21 generation we've built in the southeast part of
22 the city since we decommissioned the Southside
23 generating station.
24 We're having growth countywide, citywide,
25 but the southeast portion of the city is one of
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1 the highest growth areas. It's also one of the
2 highest demand areas of current megawatts, so we
3 would like to have a plant there for
4 reliability. If we do not build the plant
5 there, we will end up building -- purchasing
6 additional transmission right-of-way and
7 building additional transmission lines to serve
8 that part of town.
9 The plant we're proposing is one of the
10 cleanest fossil fuel plants we can build, a
11 natural gas fired power plant. We're proposing
12 first as a simple cycle combustion turbine.
13 Later, we will come and try to do a conversion
14 of that to be able to get additional megawatts
15 for the same amount of fuel that we would burn.
16 The site is proposed as just south of 9A,
17 where it turns and crosses 95. And it would be
18 just west of the proposed 9B right-of-way, and
19 just east of an existing electric transmission
20 corridor. The plant would feed into that
21 existing electric transmission corridor.
22 So I'll be available to answer questions or
23 at the end.
24 Thank you.
25 THE CHAIRMAN: Thank you, Ms. Kilgo.
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1 Our next speaker is James Farley.
2 (Audience member approaches the podium.)
3 THE CHAIRMAN: Good evening.
4 AUDIENCE MEMBER: My name is James Farley.
5 I'm at
6 And I'm before you to express concern
7 regarding the JEA proposal to the site. This is
8 due to -- over the past three years there have
9 been significant development, looking at the
10
11 along the 9A -- 9A road.
12 And this -- this development is --
13 consisted of office parks, condominiums, shops,
14 banks, medical offices, and a hotel. This
15 continues southward along the 9A corridor and in
16 addition to the exits of
17 and Baymeadows, and these developments are now
18 within a three-mile radius of the proposed site
19 for the
20 And believe that the
21 Center will compose as -- will cause a
22 significant stop in the construction or decrease
23 in the construction or result in the decreasing
24 commercial revenues for the City of
25 as well.
Diane M.
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1 And the question I'd like to propose to the
2 council is, with the loss in proposed revenue
3 due to the power plant, is that going to be
4 worth the location along the 9A corridor or is
5 the -- if it's this close to 9A -- the 9A
6 corridor, is a resource that, you know, there's
7 been considerable state investment in, and
8 whether we're going to lose potential commercial
9 development if the power is placed where it is.
10 In regard to the scale of the turbine, once
11 the phase two portion of the project is
12 completed, the portion that recaptures heat from
13 the exhaust, the structure will be close to
14 190 feet, which, in comparison, is roughly the
15 same height as the Omni Hotel downtown and the
16 Mount
17 Boulevard.
18 Even though the industrial sites in the
19 area are not the same type of industry as the
20 proposed
21 likely have a more dramatic effect on the
22 commercial development in that area.
23 And, in addition, even though it's a gas
24 turbine, they reduce particulate emissions, but
25 there are still significant amounts of other
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1 emission.
2 And in comparison to the Brandy Branch
3 plant, which is, I assume, also a gas turbine,
4 in that instance -- from looking at the
5 information from the environmental agency, they
6 did require an acid rain permit for the Brandy
7 Branch permit as well, so there will still be
8 significant emissions even if the particulate
9 emissions are decreased.
10 Thank you for the opportunity to speak
11 before you.
12 THE CHAIRMAN: Thank you.
13 I see no further speakers.
14 Mr. Sanders, do you have any rebuttal or --
15 (Mr. Sanders approaches the podium.)
16 MR. SANDERS: Thank you, Mr. Chairman.
17 Just a couple of things.
18 I would submit that having access to an
19 abundant supply of electricity would encourage
20 commercial development, not discourage it.
21 Secondly, this property is located in an
22 area that the City has already designated as
23 appropriate for industrial type uses, of which
24 this is as well. So that policy decision has,
25 in fact, been made by this council.
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1 If you have any details [sic] on the
2 emissions or any of the technical aspects of
3 this project, we have those people here to speak
4 to the committee as well.
5 THE CHAIRMAN: Okay. Thank you.
6 Seeing no further speakers, we will close
7 that public hearing.
8 We'll go to Councilmember Webb.
9 MR. WEBB: Thank you.
10 We have before us this evening -- I guess a
11 question for counsel, general counsel. This is
12 merely the land use. This is not -- this is not
13 the zoning? This is not the PUD?
14 MS. ELLER: Correct.
15 MR. WEBB: So, again, when this comes back
16 before us, after it takes its little sojourn to
17 Tallahassee, I -- you know, I would ask some
18 questions about appropriate buffers and things
19 of that nature.
20 But I will say that that's not before us
21 this evening. Again, we're only here to talk
22 about the land use.
23 I do support this. I mean, again, it abuts
24 this industrial site. And this is not my
25 district. This is Councilman Graham's
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105
1 district. But, you know, for all intents and
2 purposes, it's very, very close.
3 And, again, I deem this project necessary.
4 I think that with the appropriate buffers and
5 appropriate modifications or concessions,
6 conditions in any PUD, that this can work.
7 So thank you.
8 THE CHAIRMAN: Thank you, Councilmember
9 Webb.
10 I'll take a motion on the bill to get us in
11 the proper posture.
12 MR. YARBOROUGH: Move the bill.
13 MR. CLARK: Second.
14 THE CHAIRMAN: A motion and second on -390.
15 Councilmember Yarborough.
16 MR. YARBOROUGH: Thank you, Mr. Chairman.
17 I echo Councilman Webb's support to it.
18 I wanted to thank also Ms. Kilgo and the
19 staff at JEA. They invited us several months
20 back to go out to Brandy Branch and take the
21 tour out there, and I wanted to say thank you
22 for that. I learned a lot that day when we went
23 out there and had an opportunity to talk to the
24 staff and the hard-working folks out there.
25 The other thing I learned also was that on
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106
1 the east and south side of the river, we only
2 have -- we only have one or -- this will be the
3 first one. This will be the first generating
4 station. So basically, if a storm or if a ship
5 or something like that over there near the Dames
6 Point terminal, if those lines were to get
7 clipped, it's lights out on the east and south
8 side of the river, and for us in Arlington all
9 the way down to the county line in Mandarin.
10 So -- and this is something that is needed
11 there. And, as Mr. Webb said, they've worked
12 hard on this and I'm happy to support it too,
13 and I appreciate the hard work they've done.
14 And I think we also have the support of
15 several of the surrounding property owners down
16 there in the industrial part of that area as
17 well.
18 So I appreciate it.
19 Thank you, Mr. Chairman.
20 THE CHAIRMAN: Thank you.
21 Seeing no other speakers on 2008-390, let's
22 open the ballot and record the vote.
23 (Committee ballot opened.)
24 MR. CORRIGAN: (Votes yea.)
25 MR. YARBOROUGH: (Votes yea.)
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1 MR. CLARK: (Votes yea.)
2 MS. LEE: (Votes yea.)
3 MR. SHAD: (Votes yea.)
4 MR. WEBB: (Votes yea.)
5 (Committee ballot closed.)
6 MS. LAHMEUR: Six yeas, zero nays.
7 THE CHAIRMAN: By your action, you've
8 approved 2008-390.
9 Committee members, I'd like to go to
10 page 20 for just a second.
11 Item number 70, 2008-473. This is a bill
12 that Dylan Reingold is here to represent, and
13 it's the only bill he has. And he has a
14 mediation all day tomorrow, so I want to try to
15 go ahead and move that bill so he can get back
16 to work on the mediation.
17 So we'll open that public hearing.
18 We're on page 20, top of the page, item 70,
19 2008-473.
20 I have a card for Susan Green. I think I
21 saw her step out.
22 MR. KELLY: To the Chair, I think she had
23 to leave, so I informed her of the amendments
24 and spoke with Councilman Graham earlier on
25 this, and he was in support of it as well.
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1 THE CHAIRMAN: I'm going to go ahead and
2 close that public hearing.
3 Can I have a motion on the amendment?
4 MR. YARBOROUGH: So moved.
5 MR. CLARK: Second.
6 THE CHAIRMAN: A motion and second on the
7 amendment to -473.
8 Mr. Kelly, are you going to explain the
9 amendment -- or do we need to explain it?
10 Mr. Reingold can do it.
11 MR. REINGOLD: I got it.
12 THE CHAIRMAN: Thank you.
13 MR. REINGOLD: The amendment essentially
14 would remove the transferability language, and
15 then it adds additional criteria for automated
16 car washes.
17 THE CHAIRMAN: Dylan, speak up a little
18 bit. We can barely hear you.
19 MR. REINGOLD: That's weird. I don't think
20 I've ever been told to speak up.
21 THE CHAIRMAN: Can you switch your
22 microphone?
23 MR. REINGOLD: Thank you.
24 I think we got it.
25 All right. This bill would allow for car
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1 washes in CN districts, and the amendment would
2 remove the transferability language that was
3 originally incorporated in the bill.
4 Additionally, it would have several
5 conditions for car washes pursuant to the
6 performance standards and development criteria.
7 I'd be happy to walk through those with the
8 committee if you would like, but essentially
9 there's six different, essentially, conditions
10 they have to operate under, including hours of
11 operation, buffers, and number of vacuum
12 stations and the like.
13 MR. KELLY: Through the Chair to -- if I
14 could just clarify that this is going to be the
15 subject of a zoning exception that will be heard
16 before the Planning Commission. This is not
17 just permitted by right in CN. They have to
18 come before the Planning Commission and have a
19 public hearing.
20 THE CHAIRMAN: Okay. Thank you.
21 Thank you, Mr. Reingold and Mr. Kelly.
22 I don't see any questions, so all in favor
23 of the amendment signal by saying aye.
24 COMMITTEE MEMBERS: Aye.
25 THE CHAIRMAN: All opposed.
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1 COMMITTEE MEMBERS: (No response.)
2 THE CHAIRMAN: The amendment carries.
3 MR. YARBOROUGH: Move the bill as amended.
4 MR. WEBB: Second.
5 THE CHAIRMAN: A motion and second on
6 2008-473 as amended.
7 Open the ballot and record the vote.
8 (Committee ballot opened.)
9 MR. CORRIGAN: (Votes yea.)
10 MR. YARBOROUGH: (Votes yea.)
11 MS. LEE: (Votes yea.)
12 MR. SHAD: (Votes yea.)
13 MR. WEBB: (Votes yea.)
14 (Committee ballot closed.)
15 MS. LAHMEUR: Five yeas, zero nays.
16 THE CHAIRMAN: By your action, you've
17 approved 2008-473.
18 Thank you, Mr. Reingold. Appreciate it.
19 We're are on item 35, 2008-391.
20 We'll open that public hearing.
21 We have Mr. Paul Harden.
22 (Mr. Harden approaches the podium.)
23 MR. HARDEN: Paul Harden.
24 THE CHAIRMAN: Good afternoon.
25 MR. HARDEN: I'm sorry?
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1 THE CHAIRMAN: Good afternoon.
2 MR. HARDEN: Thank you.
3 Paul Harden, 1301 Riverplace Boulevard.
4 As you indicated, this is a land use map
5 amendment transmittal application. This site is
6 located immediately behind the Winn-Dixie
7 distribution center that you see along I-10 as
8 you travel along there if you're heading away
9 from town on the right, towards town on the
10 left. It's across Beaver Street, immediately
11 adjoins it. It's the site of the old Creeg
12 (phonetic) dairy. The dairy will continue to
13 operate on most of the land, but this is a
14 distribution center intended to take advantage
15 of activity related to Cecil Field. It's in the
16 industrial sanctuary compatibility area.
17 Other than that, I'll be happy to answer
18 any questions.
19 THE CHAIRMAN: Thank you, Mr. Harden.
20 I don't see any questions at this point.
21 MS. LEE: I have a question.
22 THE CHAIRMAN: Well, let me go ahead --
23 Go ahead and ask the question, Councilwoman
24 Lee.
25 MS. LEE: Through the Chair to the Planning
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1 Department, please.
2 Mr. Crofts, can you identify for me what an
3 industrial sanctuary is?
4 MR. CROFTS: Yes, ma'am.
5 THE CHAIRMAN: Mr. Crofts, if I can
6 interrupt you for a second.
7 MS. LEE: Well, let me ask it -- let me
8 restate myself.
9 It has been said that this area is an
10 industrial sanctuary. Is that a fact?
11 MR. CROFTS: That's correct.
12 MS. LEE: Okay. Thank you.
13 MR. CROFTS: That's it?
14 MS. LEE: Uh-huh.
15 THE CHAIRMAN: Okay. Seeing no other
16 speakers -- questions for the speaker, we'll
17 close the public hearing.
18 MR. YARBOROUGH: Move the bill.
19 MR. WEBB: Second.
20 THE CHAIRMAN: A motion and second on -391.
21 Seeing no discussion, open the ballot and
22 record the vote.
23 (Committee ballot opened.)
24 MR. CORRIGAN: (Votes yea.)
25 MR. YARBOROUGH: (Votes yea.)
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1 MR. SHAD: (Votes yea.)
2 MR. WEBB: (Votes yea.)
3 (Committee ballot closed.)
4 MS. LAHMEUR: Four yeas, zero nays.
5 THE CHAIRMAN: By your action, you've
6 approved 2008-391.
7 Committee members, we're on the top of
8 page 12, 2008-392.
9 We'll open that public hearing.
10 We have one speaker, Ms. Lynda Aycock.
11 (Ms. Aycock approaches the podium.)
12 THE CHAIRMAN: Good evening.
13 MS. AYCOCK: Thank you.
14 Lynda Aycock, 1301 Riverplace Boulevard.
15 This property is located at the proposed
16 new intersection of I-295 and Collins Road. The
17 proposed development is to create a commercial
18 center that will be compatible with the
19 Southwest Vision Plan. We have letters of
20 support from the Argyle Area Civic Council and
21 the Westside Business Leaders Association.
22 The only other thing is, when we had the
23 staff report at the Planning Commission, there
24 was an error in it in that it said that this
25 property owner also owned the property on the
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1 other side of Collins Road. That is not the
2 case. And I believe the report is being
3 corrected. It may have already been corrected,
4 but I just do want to clarify that for the
5 record.
6 THE CHAIRMAN: Okay.
7 MS. AYCOCK: And I'll be happy to answer
8 any questions.
9 THE CHAIRMAN: Thank you, Ms. Aycock.
10 Seeing no questions, we'll close that
11 public hearing.
12 MR. WEBB: Move the bill.
13 MR. YARBOROUGH: Second.
14 THE CHAIRMAN: A motion and second on -392.
15 Go to the Planning Department. Had that --
16 the ownership angle been cleared up?
17 MR. CROFTS: That is correct, sir.
18 That is something that we've corrected in
19 the report itself.
20 Thank you.
21 THE CHAIRMAN: All right. Thank you.
22 Seeing no other discussion, open the ballot
23 and record the vote.
24 (Committee ballot opened.)
25 MR. CORRIGAN: (Votes yea.)
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1 MR. YARBOROUGH: (Votes yea.)
2 MS. LEE: (Votes yea.)
3 MR. SHAD: (Votes yea.)
4 MR. WEBB: (Votes yea.)
5 (Committee ballot closed.)
6 MS. LAHMEUR: Five yeas, zero nays.
7 THE CHAIRMAN: You just approved 2008-392.
8 2008-393. Open that public hearing.
9 I bet you Ms. Lynda Aycock is here to speak
10 on that bill as well.
11 MS. AYCOCK: That's a very good guess.
12 Lynda Aycock, 1301 Riverplace Boulevard.
13 This property is also located at the
14 intersection of I-295 and Collins Road. The
15 applicant also proposes to create a commercial
16 center that will be compatible with the
17 Southwest Vision Plan.
18 This development also has the -- a letter
19 of approval -- or support from the Argyle Area
20 Civic Council and from the Westside Business
21 Leaders Association.
22 I'll be happy to answer any questions.
23 Thank you.
24 THE CHAIRMAN: All right. Thank you,
25 Ms. Aycock.
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1 And I just assume the Planning Department
2 will take care of the ownership issue on this
3 one as well.
4 So we'll close that public hearing.
5 MR. WEBB: Move the bill.
6 MR. YARBOROUGH: Second.
7 THE CHAIRMAN: A motion and second on
8 2008-393.
9 Seeing no discussion, open the ballot and
10 record the vote.
11 (Committee ballot opened.)
12 MR. CORRIGAN: (Votes yea.)
13 MR. YARBOROUGH: (Votes yea.)
14 MS. LEE: (Votes yea.)
15 MR. SHAD: (Votes yea.)
16 MR. WEBB: (Votes yea.)
17 (Committee ballot closed.)
18 MS. LAHMEUR: Five yeas, zero nays.
19 THE CHAIRMAN: By your action, you just
20 approved 2008-393.
21 Committee members, item 38, 2008-394.
22 We'll open that public hearing.
23 We have one speaker, Mr. Justin Hart.
24 (Mr. Hart approaches the podium.)
25 THE CHAIRMAN: Good evening again.
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1 MR. HART: Good evening.
2 Justin Hart, 8051 Tara Lane.
3 This particular project is bounded by heavy
4 industrial to the east and the railroad tracks
5 to the east, and light industrial to the south.
6 To the west it is buffered with a big wetland,
7 buffering a residential area.
8 It lies within the industrial sanctuary of
9 the industrial preservation map. We have
10 approval from the Industrial Technical Advisory
11 Committee and Planning Department, and I would
12 appreciate your approval on this matter.
13 Here to answer any questions.
14 THE CHAIRMAN: Thank you very much.
15 I don't see any questions for the speaker,
16 so we'll close that public hearing.
17 MR. YARBOROUGH: Move the bill.
18 MR. WEBB: Second.
19 THE CHAIRMAN: I have a motion and second
20 on the bill.
21 I have a quick question for the Planning
22 Department. Mr. Hart just referenced the --
23 having an industrial -- I forget the exact
24 terminology to the group.
25 I don't see that on this. Are we typically
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1 going to be putting that on these reports or
2 should we, or should we not, or --
3 MR. CROFTS: This particular area is shown
4 on the industrial preservation map, so it is
5 within the sanctuary area.
6 THE CHAIRMAN: Okay.
7 MR. CROFTS: So -- and wherever that
8 occurs, we'd like to make that known, it does go
9 before the Industrial Technical Advisory
10 Committee for their particular recommendations
11 to pass along to the Planning Commission and
12 this body, City Council as well.
13 THE CHAIRMAN: Okay. I guess my
14 encouragement is to have them get the reports
15 over to Legislative Services faster so we can
16 make sure it's on the agenda when we bring it up
17 in the future.
18 So it's not something that has to be done
19 today, but I appreciate the help in the future.
20 So thank you.
21 Seeing no other discussion, we'll open the
22 ballot and record the vote.
23 (Committee ballot opened.)
24 MR. CORRIGAN: (Votes yea.)
25 MR. YARBOROUGH: (Votes yea.)
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1 MS. LEE: (Votes yea.)
2 MR. SHAD: (Votes yea.)
3 MR. WEBB: (Votes yea.)
4 (Committee ballot closed.)
5 MS. LAHMEUR: Five yeas, zero nays.
6 THE CHAIRMAN: By your action, you've
7 approved 2008-394.
8 2008-395. I'm just going to guess that
9 Mr. Hart is here to discuss that bill.
10 MR. HART: Bingo.
11 Justin Hart, 8051 Tara Lane.
12 This particular project fronts on Duval
13 Road. It is bounded by BP, business park, land
14 use designation to the north, to the west, and
15 to the south. To the east is residential land.
16 I will be coming back with a PUD and
17 buffering those residential lands that it
18 fronts, and minimizing all -- all conflicts it
19 may have with those residences.
20 There is a pocket of residential land that
21 is surrounded by industrial, and I just happen
22 to front that pocket on one side. I will be
23 working with the neighbors and writing a PUD
24 that should take care of any problems.
25 It does lie within the industrial
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1 sanctuary, and that actual pocket, whole pocket,
2 lies within it. One day -- maybe one day it
3 will all be industrial.
4 We do have approval from ITAC and the
5 Planning Department, and I'm here to ask for
6 your approval.
7 And be glad to answer any questions you may
8 have.
9 THE CHAIRMAN: Thank you, Mr. Hart.
10 Seeing no speakers, we'll close the public
11 hearing and go to Councilwoman Lee.
12 MS. LEE: Through the Chair, good evening.
13 MR. HART: Yes, ma'am.
14 MS. LEE: Did you say Ribault Road?
15 MR. HART: No, no. Duval Road.
16 MS. LEE: Okay.
17 MR. HART: I'm sorry. I mumble a little
18 bit.
19 MS. LEE: Okay. That's why I was --
20 because I know Ribault Road is in the area I
21 represent. I saw Duval. So maybe I
22 misunderstood. Okay.
23 MR. HART: Yes, ma'am. That's my fault.
24 It's Duval Road, Councilman Holt's
25 district.
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1 MS. LEE: Okay. Thank you.
2 THE CHAIRMAN: Thank you, Ms. Lee.
3 We have an amendment on this bill.
4 MR. YARBOROUGH: Move the amendment.
5 MR. CLARK: Second.
6 THE CHAIRMAN: A motion and second on the
7 amendment to -395.
8 We'll have the Planning Department explain
9 the amendment, please.
10 MR. CROFTS: The amendment in this
11 particular case is basically a technical
12 amendment in that it -- it revises the legal
13 primarily and -- well, that is it. The acreage
14 is correct, the maps are correct, so no other
15 changes are needed.
16 THE CHAIRMAN: Mr. Hart, do you agree with
17 that amendment?
18 MR. HART: Yes, sir.
19 That was my mistake. I actually left out
20 some property when I submitted the legal and to
21 resubmit the legal. However, all the maps and
22 notices were correct.
23 I agree.
24 THE CHAIRMAN: I don't believe there's a
25 mistake. I think you just wanted to clarify it
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1 further; is that correct?
2 MR. HART: That's right.
3 THE CHAIRMAN: Thank you, Mr. Hart.
4 Seeing no discussion, all in favor of the
5 amendment signal by saying aye.
6 COMMITTEE MEMBERS: Aye.
7 THE CHAIRMAN: All opposed.
8 COMMITTEE MEMBERS: (No response.)
9 THE CHAIRMAN: The amendment carries.
10 MR. YARBOROUGH: Move the bill as amended.
11 MR. CLARK: Second.
12 THE CHAIRMAN: A motion and second on -395
13 as amended.
14 Seeing no discussion, open the ballot and
15 record the vote.
16 (Committee ballot opened.)
17 MR. CORRIGAN: (Votes yea.)
18 MR. YARBOROUGH: (Votes yea.)
19 MR. CLARK: (Votes yea.)
20 MS. LEE: (Votes yea.)
21 MR. SHAD: (Votes yea.)
22 MR. WEBB: (Votes yea.)
23 (Committee ballot closed.)
24 MS. LAHMEUR: Six yeas, zero nays.
25 MR. HART: Thank you.
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1 THE CHAIRMAN: By your action, you've just
2 approved 2008-395.
3 Committee members, we're on the bottom of
4 page 12, 2008-396.
5 We will open that public hearing.
6 We have one speaker, Mr. Paul Harden.
7 (Mr. Harden approaches the podium.)
8 MR. HARDEN: Paul Harden, 1301 Riverplace
9 Boulevard.
10 This is, again, a land use map amendment.
11 This site adjoins an existing multifamily
12 development. Under the intersection, it expands
13 it, the size, but not the density of the unit.
14 It will be the subject of a PUD which adjoins
15 the other parcel.
16 THE CHAIRMAN: Thank you, Mr. Harden.
17 Seeing no other speakers, we'll close that
18 public hearing.
19 MR. WEBB: Move the bill.
20 MR. CLARK: Second.
21 THE CHAIRMAN: A motion and second on
22 2008-396.
23 Seeing no discussion, open the ballot and
24 record the vote.
25 (Committee ballot opened.)
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1 MR. CORRIGAN: (Votes yea.)
2 MR. YARBOROUGH: (Votes yea.)
3 MR. CLARK: (Votes yea.)
4 MR. SHAD: (Votes yea.)
5 MR. WEBB: (Votes yea.)
6 (Committee ballot closed.)
7 MS. LAHMEUR: Five yeas, zero nays.
8 THE CHAIRMAN: By your action, you've just
9 approved 2008-396.
10 Committee members, we're on top of page 13,
11 2008-397.
12 We will open that public hearing.
13 We have one speaker, Mr. Howard Smith.
14 (Audience member approaches the podium.)
15 THE CHAIRMAN: Good evening.
16 AUDIENCE MEMBER: Good evening.
17 I'm Howard Smith -- I'm the agent for the
18 property owners -- 6101 Gazebo Park Place.
19 This is a land use amendment changing the
20 land use category to light industrial. It's on
21 Eastport Road. It's in a transitioning light
22 industrial area near the port, up from the port,
23 and also near the intersection of Pulaski and
24 9A.
25 Staff has recommended approval of this.
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1 It's been approved by ITAC and also Planning
2 Commission, and we ask for your support
3 tonight.
4 And I'm available for any questions.
5 THE CHAIRMAN: All right. Thank you very
6 much.
7 Seeing no other speakers, we'll close this
8 public hearing.
9 MR. WEBB: Move the bill.
10 MR. CLARK: Second.
11 THE CHAIRMAN: A motion and second on
12 2008-397.
13 Seeing no discussion, open the ballot and
14 record the vote.
15 (Committee ballot opened.)
16 MR. CORRIGAN: (Votes yea.)
17 MR. YARBOROUGH: (Votes yea.)
18 MR. CLARK: (Votes yea.)
19 MS. LEE: (Votes yea.)
20 MR. SHAD: (Votes yea.)
21 MR. WEBB: (Votes yea.)
22 (Committee ballot closed.)
23 MS. LAHMEUR: Six yeas, zero nays.
24 THE CHAIRMAN: By your action, you've
25 approved 2008-397.
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1 Committee members, we have now been going
2 at it for an hour and 55 minutes, and our court
3 reporter's hands, I'm sure, are tired, so we
4 will take a recess before we get into the next
5 bill because there's a number of speakers on
6 that bill.
7 So we will take a 15-minute recess and
8 crank back up at 7:10 promptly.
9 Thank you.
10 (Brief recess.)
11 THE CHAIRMAN: Okay. Ladies and gentlemen,
12 we'll go ahead and call the meeting back to
13 order. I appreciate your patience as we took a
14 quick break there.
15 Before we left, we finished item 41, so we
16 are now on item 42, 2008-398.
17 Let me tell you before we get started,
18 there's something I said earlier I'll reiterate
19 that there's a lot of -- I'm thinking a lot of
20 passion. I have a huge stack of speakers here,
21 and I appreciate everyone's professionalism as
22 we debate this. I will demand that as chairman
23 of this committee. So I appreciate your
24 cooperation with that.
25 Having said that, we will open the public
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1 hearing on 2008-398. I have a number of
2 speakers. The first three are Paul Harden,
3 Jimmie Green, and Mr. Troutman.
4 (Mr. Harden approaches the podium.)
5 THE CHAIRMAN: Due to the complex nature of
6 this, I'm going to give a little leeway to
7 Mr. Harden, and also I will probably --
8 Mr. Birchfield, I believe you're
9 representing the largest group here this
10 evening, so I'll look for guidance from you who
11 you would think would be the first speaker who
12 would like some additional time on that.
13 So, Mr. Harden, is eight minutes for you
14 fine?
15 MR. HARDEN: That will be far sufficient.
16 THE CHAIRMAN: Thank you, sir.
17 MR. HARDEN: I tried to coalesce down what
18 I had to say.
19 THE CHAIRMAN: Okay.
20 MR. HARDEN: Paul Harden, 1301 Riverplace
21 Boulevard.
22 This is a vote tonight on whether or not to
23 transmit a future land use map amendment to the
24 Department of Community Affairs. This amendment
25 was presented to the Planning Department, the
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1 Concurrency office, the District Councilperson
2 more than six months ago.
3 During that six-month period of time, we
4 have continued to provide environmental studies,
5 traffic reports, level of service calculations
6 which support the project.
7 MS. LEE: Excuse me, Mr. Chairman. Did you
8 set a time certain? Did I hear you say eight
9 minutes?
10 THE CHAIRMAN: I said eight minutes for
11 Mr. Harden to present, and I was going to give
12 the leader of the opposition eight minutes as
13 well.
14 MS. LEE: Okay. I didn't know if the
15 committee voted. Was that something -- is that
16 a set time?
17 THE CHAIRMAN: No. That's at the
18 chairman's discretion.
19 MS. LEE: Okay.
20 MR. HARDEN: Have you got a -- Marilyn, is
21 the clock on or --
22 MS. ALLEN: It is. We stopped it.
23 MR. HARDEN: Okay. I just can't see it
24 there.
25 As I said, we presented this application
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1 over six months ago to all the parties
2 involved. And since then, we've continued to
3 provide environmental studies, traffic studies,
4 and level of service calculations to support the
5 project.
6 The request is to allow the construction of
7 a distribution center at the intersection of
8 295, at this location (indicating), and
9 Lem Turner. Lem Turner has been designated the
10 primary north-south truck corridor for the port
11 activity in a study that was commissioned by the
12 MPO and Jax Port. That study was called the
13 North Jacksonville Marine Terminal Multi-Modal
14 Impact Study. And it indicated that Lem Turner,
15 which is where our access is located, is the
16 main corridor for that truck traffic.
17 In a letter of support from the
18 Jacksonville Chamber of Commerce, which you have
19 before you, the Chamber of Commerce described
20 the property as quote, "Extremely well-located
21 for the industrial logistics and distribution
22 projects that are needed to support Jax Port."
23 The Planning Department has recommended
24 approval of this project, and by a vote of seven
25 to one last week the Planning Commission also
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1 recommended approval.
2 Now, I want to locate the site on the map
3 for you. It's within a 550-acre parcel located
4 at 295 and Lem Turner. To the north of us is
5 land purchased by the Airport Authority to
6 provide a corridor between their landing strips
7 and development. The airport landing area comes
8 along here (indicating). There's a noise
9 attenuation zone here (indicating). This is
10 basically a crash zone for the airport. They're
11 in support of our project.
12 To the south of us is a piece of land owned
13 by Catsecus (phonetic) and Kern, who also
14 support our project.
15 To the east of us is the only residential
16 district shown in this location that's affected
17 by the project. You have before you petitions
18 signed by that neighborhood, which is along
19 Newcomb and Hemlock, and you'll hear from them
20 tonight.
21 I want to show you the buffers that we've
22 provided from residential locations on the map.
23 And remember, a couple of weeks ago you were
24 fighting about buffers on Alta Road. We were
25 trying to decide between 100 and 120 feet.
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1 We're 845 feet from the nearest residential
2 location here (indicating). We're 1,075 here
3 (indicating). We're 815 here (indicating).
4 There's a neighborhood, Angel Lakes, which
5 you're going to hear from tonight as well.
6 We're 1,400 feet -- 1,464 feet from their
7 nearest border, over 2,000 feet away from their
8 nearest house at that location.
9 You'll hear, as I said, from three groups
10 tonight that really are -- have input. One, the
11 Angel Lakes folks are going to speak. I think
12 they're in opposition.
13 But I point out to you, their use of 295 is
14 at the next intersection up, a-mile-and-a-half
15 away from the project, and then almost a mile
16 further down the road. So as the car drives,
17 it's two-and-a-half miles. As the crow flies,
18 it's over 2,000 feet.
19 The neighbors who are really affected are
20 the neighbors who live along Hemlock and Newcomb
21 Road. The reason they're affected is the
22 current access for the current zoning on this
23 site comes right through their neighborhood.
24 Our access is going to be constructed at
25 this location (indicating). It's a
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1 120-foot-wide boulevard access out to Lem Turner
2 Road.
3 We have committed not to have any access
4 through Newcomb or Hemlock in the development.
5 Currently, the access on the 1,700 townhomes and
6 single-family homes on this development planned
7 for this site comes straight down Hemlock, a
8 20-foot-wide neighborhood road.
9 The current zoning on the site allows for
10 that 1,700 townhomes and residents and allows
11 for 3,400 peak-hour trips a day down this
12 20-foot road.
13 Importantly, the setback for that 1,700
14 homes, single-family subdivision, is 10 feet
15 from the property line of the neighbors,
16 including the commercial operation, Flamingo
17 Park, RV Park. Flamingo Park has provided us a
18 term sheet. They are in opposition to our
19 project.
20 They provided us a term sheet, which I
21 noted they had e-mailed to some of the council
22 members. On that term sheet they ask for four
23 things:
24 One, no access down Newcomb Road. We
25 agreed to that.
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1 Two, a 10- -- that we construct a 10-foot
2 berm. We agreed to that.
3 Three, a 200-foot separation. We
4 redesigned and move back to 185 feet off there.
5 And then, four, they wanted us to sell them
6 a piece of property so they could move their
7 illegal signs to a legal sign location.
8 We believe our response to the request by
9 the folks at Flamingo Lake is fair. But more
10 importantly, these are issues that need to be
11 dealt with in a PUD.
12 As you're aware, after the transmittal,
13 this property will come back for a review -- if
14 it's transmitted -- for an adoption and with a
15 companion rezoning at the time.
16 This is not your only bite at the apple.
17 You'll be able to deal with the PUD and the
18 other issues as they arise.
19 Flamingo Lakes current request as of this
20 morning -- not the term sheet that we agreed to
21 initially, was a 22-foot-high visual barrier and
22 exclusive use of 200 feet or about eight acres
23 of our land, which we value at about
24 $1.7 million.
25 We complied with every request of their
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1 initial request. We think that's reasonable.
2 And, you know, we think that's a good way to
3 deal with it.
4 That being said, if this project comes back
5 for approval with a PUD, we'll abide by whatever
6 buffers that the Planning Department think are
7 appropriate from us in the commercial use.
8 Flamingo Lakes is a commercial operation, a
9 for-rent RV park which is located along 295.
10 One of their borders is 295. Currently, they
11 have backing up to them in the zoning project
12 45-foot-high townhomes that required a 10-foot
13 buffer.
14 At our location, they have two units -- you
15 can see it on the map -- two units located along
16 that location. So now we are providing a
17 185-foot setback and a 10-foot-high berm as
18 opposed to 10 feet and 40 foot -- 45-foot
19 townhomes.
20 I'm truly sorry to be in the position I am
21 with the district councilperson. It's very
22 uncomfortable for me, but I don't want to
23 minimize the positive nature of this project.
24 It's at the intersection of two major roadways
25 in the Northside of the City of Jacksonville,
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1 295 and Lem Turner.
2 The access fronts on Lem Turner, which has
3 been designated by the MPO as the major
4 north-south truck corridor for port activity.
5 We have between 900 and 2,000 feet of buffer
6 from any residential use. Nearly every one of
7 the affected neighbors -- that's the neighbors
8 on Newcomb and Hemlock -- are in support of our
9 project. The project is supported by the
10 Chamber of Commerce and the City's authorities
11 which are dealing with the lands in the area,
12 including the port traffic.
13 The Planning Department and the Planning
14 Commission have given their approval. The city
15 of Jacksonville is in great need of distribution
16 facilities. I guess you read last week that the
17 Mitsui -- yeah, the Mitsui project will be
18 having deliveries beginning July 1, which is in
19 about three weeks, so it's important that we
20 provide the distribution space to meet those
21 needs, and this is at a location that meets
22 those needs.
23 I would respectfully request that you
24 transmit this project to the Department of
25 Community Affairs for their review.
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
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1 Thank you, Mr. Chairman.
2 THE CHAIRMAN: Thank you, Mr. Harden.
3 As I organize the cards, we have a number
4 in support and a number opposed. I think to
5 make it easier to follow, we'll go through the
6 cards of support and then turn to the opposition
7 and let them present their side.
8 So our next speaker will be Genson Robt
9 [sic] -- I'm not sure --
10 (Audience member approaches the podium.)
11 THE CHAIRMAN: -- and followed by
12 C.W. Sellers, followed by Eva Fowler.
13 And any of the speakers that just want to
14 indicate their support or opposition, they're
15 welcome to do that as well, and I'll read it
16 into the record.
17 So good evening, sir.
18 AUDIENCE MEMBER: Good evening, sir.
19 My name is Robert Genson, and I've lived at
20 12500 Lem Turner Road since 1962.
21 And this here warehousing seems to have
22 less impact on our land than housing, so I'm --
23 I like the idea, but I didn't know that Lem
24 Turner Road was designated a truck route for the
25 airport. Now, when did that come about? They
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1 didn't announce that one to me, but I don't take
2 the newspaper.
3 You don't know?
4 THE CHAIRMAN: I don't know the answer to
5 that question.
6 MR. GENSON: We'll forget that then.
7 THE CHAIRMAN: Okay. Thank you.
8 MR. GENSON: Thank you.
9 THE CHAIRMAN: C.W. Sellers, followed by
10 Eva Fowler, followed by Elizabeth O'Neal.
11 (Audience member approaches the podium.)
12 AUDIENCE MEMBER: My name is C.W. Sellers.
13 I live at 3815 Newcomb Road, and I do support
14 this project.
15 Thank you.
16 THE CHAIRMAN: Thank you.
17 Eva Fowler, followed by Elizabeth O'Neal,
18 followed by Kathleen Plymel.
19 (Audience member approaches the podium.)
20 THE CHAIRMAN: Good evening.
21 AUDIENCE MEMBER: Hi.
22 Eva Fowler. I live at 3838 Hemlock
23 Street.
24 And as a property owner on Hemlock Street,
25 I support this amendment.
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1 THE CHAIRMAN: Thank you.
2 Elizabeth O'Neal, followed by Kathleen --
3 And, Kathleen, I can't pronounce your last
4 name, so I apologize.
5 (Audience member approaches the podium.)
6 AUDIENCE MEMBER: Elizabeth O'Neal. I live
7 at 3843 Hemlock Street.
8 I've lived there all of my life, and I am
9 also in support of this amendment.
10 THE CHAIRMAN: Thank you.
11 Kathleen followed, by Claudia Combs,
12 followed by John Combs.
13 (Audience member approaches the podium.)
14 AUDIENCE MEMBER: Good evening.
15 Kathleen Plymel. I live at 3827 Hemlock
16 Street.
17 I'm here today in support of this
18 proposal. Earlier ideas for the use and growth
19 within our community have seriously impacted the
20 pleasure of life, particularly with traffic
21 within our neighborhood, so we are trying to
22 look for the best way to grow. And we feel that
23 this is the best way.
24 We have a good neighbor -- possibly a good
25 neighbor coming in that's going to cause minimal
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1 disruption to the traffic and the activity of
2 our environment.
3 And we thank you for your support.
4 THE CHAIRMAN: Thank you.
5 Claudia Combs, followed by John Combs,
6 followed by Robin Miness.
7 (Audience member approaches the podium.)
8 THE CHAIRMAN: Good evening.
9 AUDIENCE MEMBER: I'm Claudia Combs, and I
10 live at 3751 Hemlock Street.
11 My parents lived there a lot longer than I
12 have, but I love the quietness of the
13 neighborhood. I love to be able to go for a
14 walk in the evening, ride my bicycle, take my
15 grandson with me. I am in favor of this
16 project.
17 THE CHAIRMAN: Thank you.
18 John Combs, followed by Robin Miness,
19 followed by Al Miness.
20 (Audience member approaches the podium.)
21 AUDIENCE MEMBER: Good evening, sir.
22 My name is John Combs. I live at --
23 THE CHAIRMAN: Get a little bit closer to
24 that microphone.
25 MR. COMBS: I'm sorry.
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
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1 I live at 3751 Hemlock.
2 Most of us are longtime residents. We've
3 owned property out there for in excess of
4 20 years, all of us.
5 You know, developments come and, you know,
6 we just -- we're trying -- like our other
7 neighbor said, we're trying to grow, but we're
8 trying to keep a little piece of our
9 neighborhood like it is. And even though really
10 our land runs so far back in there that this new
11 road is going to be at our back of our property,
12 you know, we're kind of looking at the less --
13 excuse me -- the lesser of two evils on this
14 thing.
15 And, you know, for our neighborhood, you
16 know, we just thought this was the best thing.
17 And I'm sure that the campground doesn't agree
18 with us. But, you know, we're kind of looking
19 out for our neighborhood.
20 Thank you for your time.
21 THE CHAIRMAN: Thank you.
22 Robin Miness, followed by Al Miness.
23 (Audience member approaches the podium.)
24 THE CHAIRMAN: Am I getting close on the
25 last name?
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1 AUDIENCE MEMBER: Miness (pronouncing).
2 THE CHAIRMAN: Miness.
3 AUDIENCE MEMBER: My name is Robin Miness.
4 I live at 3636 Hemlock Street.
5 I live on the road, my mother-in-law lives
6 on the road, and my sister-in-law lives on the
7 road. We've lived at our property for 23 years,
8 and we have two young daughters.
9 Our neighborhood is safe, it's quiet. Our
10 children can go and play in the front yard.
11 They don't have to worry about traffic, they
12 don't have to worry about someone bothering
13 them.
14 Having a residential community at the end
15 of our road with 3,400 cars coming twice a day
16 is not a good alternative for our neighborhood
17 or our children or our families.
18 Having this light industrial at the end of
19 our road will cut off access to our road,
20 Newcomb Road, Angel Lakes. It will cut off any
21 access going through residential neighborhoods,
22 and that is a key problem for our road, Hemlock
23 Street.
24 And I support this project 100 percent and
25 hope that you'll support us in it.
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203