1 CITY OF
2 LAND USE AND ZONING
3 COMMITTEE
4
5
6 Proceedings held on Tuesday, June 3, 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.
ART SHAD, Committee Member.
15 JACK WEBB, Committee Member.
16
ALSO PRESENT:
17
RAY HOLT, City Council Member.
18 JOHN CROFTS, Deputy Director, Planning Dept.
SEAN KELLY, Planning and Development Dept.
19 STEPHEN SMITH, Planning and Development Dept.
FOLKS HUXFORD, Zoning Administrator.
20
MARILYN ALLEN, Legislative Assistant.
21 MERRIANE LAHMEUR, Legislative Assistant.
22 - - -
23
24
25
Diane M.
Tropia,
2
1 P R O C E E D I N G S
2 June 3, 2008 5:00 p.m.
3 - - -
4 THE CHAIRMAN: Good evening, ladies and
5 gentlemen.
6 We'll hereby call to order the Tuesday,
7 June 3rd meeting of the Land Use and Zoning
8 Committee.
9 Let the record reflect that council --
10 Land Use and Zoning Chair Michael Corrigan,
11 Vice Chair Clay Yarborough is here,
12 Councilmember Art Shad is here, and
13 Councilmember Richard Clark.
14 Visiting with us this evening is
15 Councilmember Ray Holt. He has two issues he'd
16 like to take up first, and we'll be happy to
17 oblige him.
18 The first one, I believe, Councilmember
19 Holt, is number 16 on your agenda, 2008-25.
20 2008-25. We'll open that public hearing.
21 We have one speaker this evening. We have
22 Susan Green.
23 (Audience member approaches the podium.)
24 THE CHAIRMAN: Good evening. How are you?
25 MS. GREEN: I'm great. How are y'all?
Diane M. Tropia,
3
1 Susan Green, Green & Kupperman, 200 First
2 Street, Suite B,
3 Probably you don't want me to spend a lot
4 of time on this since I've been before you twice
5 before, unless Mr. Holt would like for me to
6 answer any questions.
7 I did just talk to the Planning Department,
8 and there are some sketch conditions sketched
9 out, and I'm happy to agree to them.
10 If you just want to ask me any questions as
11 you move through, that's fine.
12 THE CHAIRMAN: Okay. I don't --
13 Councilmember Holt.
14 MR. HOLT: Thank you, Mr. Chairman.
15 I typically don't usually have a problem
16 with these kinds of things other than if there's
17 an addressing issue. Sometimes when you change
18 the road frontage and add additional properties,
19 you get address problems. If that's not going
20 to happen here, then I don't have a problem with
21 it at all.
22 If Ms. Green is complying with the Planning
23 Department, I think it can move forward because
24 I don't have an issue with it.
25 THE CHAIRMAN: Okay. Thank you,
Diane M.
Tropia,
4
1 Councilmember Holt.
2 I don't see any questions, so we'll close
3 the public hearing and go to the Planning
4 Department.
5 MR. KELLY: Okay. Thank you.
6 Through the Chair and to the committee, our
7 recommendation, based on the revised conditions,
8 is now to approve with conditions, subject to
9 condition 1, "The address shall be clearly
10 marked at the intersection" -- "for both
11 properties at the intersection of the private
12 driveway and
13 Condition 2, "The applicant shall install a
14 20-foot-wide stabilized travel surface
15 consisting of either coquina or a gravel
16 material along the private driveway up to the
17 building restriction line of the new dwelling
18 with roadside swales that provide for positive
19 drainage."
20 Condition 3, "The subject property shall
21 not be further subdivided unless the private
22 driveway is brought into compliance with City
23 right-of-way standards."
24 THE CHAIRMAN: Okay. Thank you, Mr. Kelly.
25 Is that what you were speaking of earlier,
Diane M.
Tropia,
5
1 Ms. Green?
2 MS. GREEN: Yes, sir. Thank you very much.
3 And Mr. Holt maybe wasn't privy to our
4 exhibit last week, so I did want to present that
5 again.
6 (Tenders document.)
7 THE CHAIRMAN: Okay.
8 MS. GREEN: Thank you.
9 THE CHAIRMAN: All right. We need an
10 amendment, please.
11 MR. CLARK: Move to amend to approve.
12 MR. SHAD: Second.
13 THE CHAIRMAN: I have a motion and a second
14 to amend and -- which would approve 2008-25.
15 All in favor signal by saying aye.
16 COMMITTEE MEMBERS: Aye.
17 THE CHAIRMAN: All opposed.
18 COMMITTEE MEMBERS: (No response.)
19 THE CHAIRMAN: The amendment carries.
20 MR. CLARK: Move the bill as amended.
21 MR. SHAD: Second.
22 THE CHAIRMAN: I have a motion and a second
23 on 2008-25 as amended.
24 Seeing no discussion, open the ballot,
25 record the vote.
Diane M.
Tropia,
6
1 (Committee ballot opened.)
2 MR. CORRIGAN: (Votes yea.)
3 MR. CLARK: (Votes yea.)
4 MR. SHAD: (Votes yea.)
5 MR. YARBOROUGH: (Votes yea.)
6 (Committee ballot closed.)
7 MS. LAHMEUR: Four yeas, zero nays.
8 THE CHAIRMAN: You just approved 2008-25.
9 Thank you.
10 MS. GREEN: Thank you very much.
11 THE CHAIRMAN: Councilmember Holt, was the
12 other one item 25?
13 (Mr. Webb enters the proceedings.)
14 MR. HOLT: Yes, sir.
15 THE CHAIRMAN: Item 25, on the bottom of
16 page 8, committee members.
17 Let the record reflect that Councilman
18 Holt -- Councilmember Webb has joined us.
19 Thank you very much. Good afternoon, sir.
20 We will open the public hearing on -264.
21 Do I have any speakers on -264?
22 MS. ALLEN: (Inaudible.)
23 THE CHAIRMAN: Is there anyone here to
24 speak on -264?
25 AUDIENCE MEMBER: (Indicating.)
Diane M.
Tropia,
7
1 THE CHAIRMAN: Come on up, sir.
2 (Audience member approaches the podium.)
3 THE CHAIRMAN: We need your name and
4 address for the record, please.
5 AUDIENCE MEMBER: Good evening -- good
6 afternoon.
7 My name is Bernard Cayer. Address is 16000
9 This matter is for the reconfiguration of
10 land. The land stays pretty much the same
11 size. It's because of the irregularity of the
12 shape that I wish to reconfigure it.
13 There's no additional structures being put
14 on or taken off. The 35-foot right-of-way that
15 I'm requesting is not uncommon out there. It's
16 a very rural area.
17 THE CHAIRMAN: Go ahead.
18 MR. CAYER: That's pretty much it.
19 THE CHAIRMAN: Okay. Perfect. Thank you.
20 Seeing no other speakers and seeing no
21 questions for that speaker, we will close that
22 public hearing, go to the Planning Department
23 for their input.
24 MR. KELLY: Thank you.
25 To the Chair and to the committee,
Diane M.
Tropia,
8
1 ordinance 2008-264 is a waiver of road frontage
2 seeking to reduce the required road frontage
3 from 80 feet to 35 feet.
4 Staff is of the opinion that this will kind
5 of set a negative precedent in this area. It's
6 a -- creating a flag lot. The applicant is
7 requesting to essentially reduce the existing
8 lot, of which -- has 80 feet of road frontage.
9 That meets the requirement from 80 feet to
10 35 feet in order to modify the -- the other lot
11 on the property.
12 We feel that this is really inconsistent
13 with the established development pattern and
14 contrary to maintaining the public health,
15 safety, and welfare.
16 We are recommending denial of this waiver.
17 THE CHAIRMAN: Okay. Thank you.
18 Councilmember Shad.
19 MR. SHAD: The light is not working.
20 Make a note that this light is broken, the
21 microphone.
22 This was before us two weeks ago, and I --
23 Mr. Holt, if you're here to speak on it,
24 I'll -- you'll hear shortly.
25 Just to refresh our memory -- I've thought
Diane M.
Tropia,
9
1 about this a couple of times over the last two
2 weeks. This has been on my mind as we prepared
3 to come back for this.
4 Having two legally conforming lots now,
5 right? And I believe the applicant shared --
6 either you're attempting to sell or you have a
7 contract on the home and the buyer would like
8 to -- configured differently?
9 MR. CAYER: I had a couple of people that
10 were interested in buying it, but the
11 irregularity of the shape of the lot was keeping
12 it from being sold.
13 MR. SHAD: Right. So you had the market
14 conditions or saying it would be a more
15 desirable lot if we were to grant this, and then
16 create an illegal lot, but it's more desirable,
17 which I can see it would be more desirable as
18 well that way.
19 So it was challenging thinking about how to
20 justify helping this man out. And he's come
21 before us asking for something that seems pretty
22 reasonable, but knowing that, you know, it -- it
23 is tough, for no other reason than the
24 marketability of a lot, to create a flag lot and
25 to have a -- something that would need a waiver
Diane M.
Tropia,
10
1 when it's perfectly good now except for the fact
2 that he can't get it sold the way he'd like it
3 to be sold.
4 So I feel for you, and I look forward to
5 what Mr. Holt has to say about this and probably
6 would just follow his lead on this one.
7 Thank you.
8 THE CHAIRMAN: Thank you.
9 Councilmember Holt, do you have input on
10 this one?
11 MR. HOLT: Thank you, Mr. Chair.
12 Does everybody have this (indicating) out
13 of your packets?
14 THE CHAIRMAN: (Nods head.)
15 MR. HOLT: It seems like it's a flag lot
16 already to me. On one side, it shows it with a
17 35-foot driveway and on the other side with an
18 80-foot driveway.
19 Again, with these kind of things, mainly my
20 concern is usually are we going to do something
21 that is going to cause irregularities in the
22 addressing, cause problems for our public safety
23 folks. And he's not creating any additional
24 homes, he's not changing any addresses, or
25 creating any irregularities. He's just making
Diane M.
Tropia,
11
1 the pole of the flag a little smaller.
2 So I don't have a problem with it, but the
3 Planning Department is dead set against this. I
4 just don't understand why, but -- but it seems
5 to me that all he's doing is kind of
6 reconfiguring two properties that currently
7 exist. They're not changing anything about it
8 other than the shape, and I -- I don't see that
9 it's going to cause any problems at all in the
10 neighborhood.
11 Thank you.
12 THE CHAIRMAN: Thank you.
13 Based on that input, I --
14 MR. CLARK: Move to amend to approve.
15 MR. SHAD: Second.
16 THE CHAIRMAN: I have a motion and a second
17 to amend to approve -264.
18 Any discussion on the amendment?
19 COMMITTEE MEMBERS: (No response.)
20 THE CHAIRMAN: Seeing none, all in favor
21 say aye.
22 COMMITTEE MEMBERS: Aye.
23 THE CHAIRMAN: All opposed.
24 COMMITTEE MEMBERS: (No response.)
25 THE CHAIRMAN: The amendment carries.
Diane M.
Tropia,
12
1 MR. CLARK: Move the bill as amended.
2 MR. SHAD: Second.
3 THE CHAIRMAN: I have a motion and a second
4 on 2008-264 as amended.
5 Seeing no speakers, open the ballot, record
6 the vote.
7 (Committee ballot opened.)
8 MR. CORRIGAN: (Votes yea.)
9 MR. YARBOROUGH: (Votes yea.)
10 MR. CLARK: (Votes yea.)
11 MR. SHAD: (Votes yea.)
12 MR. WEBB: (Votes yea.)
13 (Committee ballot closed.)
14 MS. LAHMEUR: Five yeas, zero nays.
15 THE CHAIRMAN: By your action, you have
16 approved 2008-264.
17 THE CHAIRMAN: Thank you, sir.
18 Did you fill out a blue card? Did I get
19 that from you?
20 MR. CAYER: Yes.
21 THE CHAIRMAN: Yeah, I got it. Thank you.
22 Thank you, Councilmember Holt.
23 MR. HOLT: Thank you.
24 THE CHAIRMAN: Committee members, we're
25 back to the beginning of our agenda.
Diane M.
Tropia,
13
1 Items 1, 2, and 3 -- 2005-1228, 2006-24,
2 and 2006-220 -- are deferred.
3 Page 3. 2006-360 is deferred.
4 2006-658. We'll open that public hearing.
5 Seeing no speakers, we'll continue that
6 public hearing.
7 Items 6 and 7, 2007-144 and -145, are
8 deferred.
9 We are now on page 4. All the items on
10 page 4 are deferred: 2007-384, -581, and -803.
11 Page 5. Item 11, 2007-1085. We'll open
12 that public hearing.
13 Seeing no speakers, we'll continue that
14 public hearing.
15 Item 12, 2007-1086. We'll open that public
16 hearing.
17 Seeing no speakers, we'll continue that
18 public hearing.
19 Item 13, 2007-1125. Open that public
20 hearing.
21 Seeing no speakers, we'll continue that
22 public hearing.
23 2007-1350. We'll open that public
24 hearing.
25 Seeing no speakers, we'll continue that
Diane M.
Tropia,
14
1 public hearing.
2 Committee members, we are now on page 6.
3 2008-23. We'll open that public hearing.
4 Seeing no speakers, we'll continue that
5 public hearing until August the 5th of this
6 year.
7 We've already done item 16.
8 Item 17, 2008-27. We will open that public
9 hearing.
10 Seeing no speakers, we'll close that public
11 hearing.
12 We have an amendment.
13 MR. SHAD: Move the amendment.
14 THE CHAIRMAN: Do I have a second on the
15 amendment?
16 MR. CLARK: Second.
17 THE CHAIRMAN: I have a motion and a second
18 on the amendment.
19 Go to the Planning Department to explain
20 the amendment, please.
21 MR. CROFTS: I defer to the Office of
22 General Counsel.
23 THE CHAIRMAN: Okay. Thank you.
24 MS. ELLER: Thank you.
25 To the committee, I apologize for arriving
Diane M.
Tropia,
15
1 late.
2 THE CHAIRMAN: That's okay.
3 MS. ELLER: The amendment is the PHS
4 amendment that was passed the last committee
5 cycle.
6 The amendment itself moves the enforcement
7 within the bill to the appropriate division
8 based upon government reorganization.
9 Additionally, it places the fee in the
10 appropriate place in the ordinance code. It
11 does not change the collection fee for receiving
12 the permit to allow dogs within designated
13 outdoor portions of public food service
14 establishments. That's retained at $250.
15 THE CHAIRMAN: Okay. We have a motion and
16 a second on the amendment. All in favor of the
17 amendment 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 as amended.
23 MR. SHAD: Second.
24 THE CHAIRMAN: Motion and a second on
25 2008-27 as amended.
Diane M.
Tropia,
16
1 Seeing no discussion, open the ballot,
2 record the vote.
3 (Committee ballot opened.)
4 MR. CORRIGAN: (Votes yea.)
5 MR. YARBOROUGH: (Votes nay.)
6 MR. CLARK: (Votes yea.)
7 MR. SHAD: (Votes yea.)
8 MR. WEBB: (Votes yea.)
9 (Committee ballot closed.)
10 MS. LAHMEUR: Five yeas, zero nays.
11 THE CHAIRMAN: By your action, you have
12 approved 2008-27.
13 Item 18, 2008-40. Open --
14 MR. YARBOROUGH: Mr. Chairman, I didn't --
15 THE CHAIRMAN: Yes.
16 MR. YARBOROUGH: (Inaudible.)
17 THE CHAIRMAN: We need to redo the vote or
18 let the reflect that Councilmember Yarborough
19 voted "no" on the previous bill, so the vote
20 would be four to one on the previous bill.
21 All right. We're on 2008-40. We'll open
22 that public hearing.
23 Seeing no speakers, we'll continue that
24 public hearing.
25 Top of page 7. 2008-145. Open the public
Diane M.
Tropia,
17
1 hearing.
2 Seeing no speakers, we'll continue it.
3 Item 20, 2008-192. We'll open that public
4 hearing.
5 Seeing no speakers, we will continue it.
6 Item 21, 2008-227. We'll open that public
7 hearing.
8 Seeing no speakers, we'll continue that
9 public hearing.
10 We're on page 8 now, committee members.
11 2008-231. We will open that public hearing.
12 Seeing no speakers, we will continue that
13 public hearing.
14 Item 2008-236 is deferred.
15 Item 24, 2008-258. We'll open that public
16 hearing.
17 Seeing no speakers, we'll continue that
18 public hearing.
19 We've already done item 25.
20 We are on item 26 on the top of page 9.
21 2008-268 is deferred.
22 Item 27 and 28 are companion rezonings,
23 2008-273 and -274. We'll open both those public
24 hearings at one time, and we have John Simpson
25 here.
Diane M.
Tropia,
18
1 (Audience member approaches the podium.)
2 THE CHAIRMAN: Good evening, sir.
3 AUDIENCE MEMBER: Good evening, sir.
4 My name is John Simpson, 8144 Colonnade
5 Court West,
6 And I'm just here in case you had any
7 questions.
8 THE CHAIRMAN: Good. That's good. Stand
9 by. We don't have any right now, but we may in
10 a minute, so we'll go ahead and close those
11 public hearings and take up bill 2008-273.
12 We have an amendment.
13 MR. WEBB: Move the amendment.
14 MR. CLARK: Second.
15 THE CHAIRMAN: Motion and a second on the
16 amendment to -273.
17 We'll go to the Planning Department.
18 MR. CROFTS: The amendment in this case is
19 the -- actually, on the agenda that's
20 inappropriate -- the inappropriate council
21 district. It actually is district 11.
22 THE CHAIRMAN: All right. All in favor of
23 the amendment signal by saying aye.
24 COMMITTEE MEMBERS: Aye.
25 THE CHAIRMAN: All opposed.
Diane M.
Tropia,
19
1 COMMITTEE MEMBERS: (No response.)
2 THE CHAIRMAN: The amendment carries.
3 MR. CLARK: Move the bill as amended.
4 MR. YARBOROUGH: Second.
5 THE CHAIRMAN: A motion and a second
6 on -273 as amended.
7 Open the ballot, record the vote.
8 (Committee ballot opened.)
9 MR. CORRIGAN: (Votes yea.)
10 MR. YARBOROUGH: (Votes yea.)
11 MR. CLARK: (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 have
17 approved 2008-273.
18 We have an amendment on -274.
19 MR. CLARK: Move the amendment.
20 MR. WEBB: Second.
21 THE CHAIRMAN: Motion and a second on the
22 amendment.
23 All in favor of the amendment signal by
24 saying aye.
25 COMMITTEE MEMBERS: Aye.
Diane M.
Tropia,
20
1 THE CHAIRMAN: All opposed.
2 COMMITTEE MEMBERS: (No response.)
3 THE CHAIRMAN: The amendment carries.
4 MR. CLARK: Move the bill --
5 MR. CROFTS: Mr. Chairman, the amendment is
6 some conditions. I don't know if you want them
7 read into the record --
8 THE CHAIRMAN: Oh, yes, please. I'm sorry.
9 MR. CROFTS: They are four conditions and
10 they are as follows:
11 "The development shall be subject to the
12 original legal description dated February 7th,
13 2008.
14 Number 2, "The development shall be subject
15 to the revised written description dated May
16 6th, 2008.
17 Number 3, "The development shall be subject
18 to the original site plan dated February 25th,
19 2008."
20 Number 4, "The required transportation
21 improvements shall be made in accordance with
22 the Development Services Division of the
23 Planning and Development Department in their
24 memorandum dated April 15th, 2008, or as
25 otherwise approved by the Planning and
Diane M.
Tropia,
21
1 Development Department."
2 Thank you.
3 THE CHAIRMAN: Mr. Simpson, is that what
4 you agreed to?
5 MR. SIMPSON: Yes, sir.
6 THE CHAIRMAN: Okay. Thank you very much.
7 We've already approved the amendment, so
8 now we're on the bill as amended.
9 Seeing no -- do I have a motion and a
10 second?
11 MR. WEBB: Move the bill.
12 MR. YARBOROUGH: Second.
13 THE CHAIRMAN: Motion and a second on that.
14 Seeing no discussion, open the ballot,
15 record the vote.
16 (Committee ballot opened.)
17 MR. CORRIGAN: (Votes yea.)
18 MR. YARBOROUGH: (Votes yea.)
19 MR. CLARK: (Votes yea.)
20 MR. SHAD: (Votes yea.)
21 MR. WEBB: (Votes yea.)
22 (Committee ballot closed.)
23 MS. LAHMEUR: Five yeas, zero nays.
24 THE CHAIRMAN: By your action, you have
25 approved 2008-274.
Diane M.
Tropia,
22
1 Bottom of page 9, 2008-279. We will open
2 that public hearing.
3 Seeing no speakers, we'll continue it until
4 July 15th.
5 Top of page 10. 2008-280. We'll open that
6 public hearing.
7 Seeing no speakers, we'll continue that one
8 until July 15th.
9 Items 31 and 32 are companion bills,
10 2008-281 and 2008-282. We'll open both of those
11 public hearings.
12 Mr. Charles Mann is here.
13 (Mr. Mann approaches the podium.)
14 THE CHAIRMAN: It's good to see you.
15 MR. MANN: Mr. Chairman, members of the
16 committee, Charles Mann,
17 representing the landowner.
18 This item was a holdover item due to the
19 request of the area councilman, Mr. Redman.
20 We've worked out a -- his questions. He still
21 wants to meet with the City traffic engineer on
22 this but would like it passed out of committee
23 tonight with the condition that this property be
24 subject to the approval of the City traffic
25 engineer.
Diane M.
Tropia,
23
1 Thank you very much.
2 THE CHAIRMAN: Thank you, Mr. Mann.
3 Seeing no other speakers, we'll close both
4 those public hearings.
5 We're on -281.
6 MR. WEBB: Move the bill.
7 MR. CLARK: Second.
8 THE CHAIRMAN: A motion and a second on
9 2008-281.
10 Seeing no discussion, open the ballot,
11 record the vote.
12 (Committee ballot opened.)
13 MR. CORRIGAN: (Votes yea.)
14 MR. YARBOROUGH: (Votes yea.)
15 MR. CLARK: (Votes yea.)
16 MR. SHAD: (Votes yea.)
17 MR. WEBB: (Votes yea.)
18 (Committee ballot closed.)
19 MS. LAHMEUR: Five yeas, zero nays.
20 THE CHAIRMAN: By your action, you have
21 just approved 2008-281.
22 2008-282. We have an amendment.
23 MR. CLARK: Move the amendment.
24 MR. WEBB: Second.
25 THE CHAIRMAN: Motion and a second on the
Diane M.
Tropia,
24
1 amendment.
2 Mr. Crofts, you want to explain the
3 amendment?
4 MR. CROFTS: Yes, sir. The amendment is as
5 follows:
6 Number 1, "The development shall be subject
7 to the original legal description dated March
8 14th, 2008."
9 Number 2, "The development shall be subject
10 to the revised written description dated April
11 30th, 2008."
12 Number 3, "The development shall be subject
13 to original site plan dated March 14th, 2008."
14 Number 4, "Signage shall be limited to no
15 more than two 100-square-foot-each
16 monument-style signs being not more than 15 feet
17 high. Signage shall not be located closer than
18 100 feet from the nearest residentially-zoned
19 property."
20 Fifth and finally, "Transportation
21 improvements shall be made in accordance with
22 the Development Services memorandum dated April
23 16th, 2008, or as otherwise approved by the
24 Planning and Development Department," and this
25 will include review by the traffic engineer
Diane M.
Tropia,
25
1 prior to its initiation.
2 Thank you.
3 MR. MANN: Mr. Chairman, we're acceptable
4 to those terms.
5 THE CHAIRMAN: Thank you, Mr. Mann. I
6 appreciate that.
7 And, as you stated earlier, Councilman
8 Redman may have something to add to it on --
9 MR. MANN: He would like to meet with the
10 City traffic engineer before it's passed by the
11 council, which he will do, I assume, this next
12 week.
13 THE CHAIRMAN: Okay. Perfect. Thank you.
14 MR. MANN: Thank you.
15 THE CHAIRMAN: Seeing no discussion on the
16 amendment, all in favor signal by saying aye.
17 COMMITTEE MEMBERS: Aye.
18 THE CHAIRMAN: All opposed.
19 COMMITTEE MEMBERS: (No response.)
20 MR. YARBOROUGH: Move the bill as amended.
21 MR. WEBB: Second.
22 THE CHAIRMAN: Motion and a second on
23 2007-282 as amended.
24 Seeing no discussion, open the ballot,
25 record the vote.
Diane M.
Tropia,
26
1 (Committee ballot opened.)
2 MR. CORRIGAN: (Votes yea.)
3 MR. YARBOROUGH: (Votes yea.)
4 MR. CLARK: (Votes yea.)
5 MR. SHAD: (Votes yea.)
6 MR. WEBB: (Votes yea.)
7 (Committee ballot closed.)
8 MS. LAHMEUR: Five yeas, zero nays.
9 THE CHAIRMAN: By your action, you have
10 approved 2008-282.
11 Thank you.
12 MR. MANN: Thank you very much.
13 THE CHAIRMAN: Thank you, Mr. Mann.
14 2008-313. We'll open that public hearing.
15 We have a couple of speakers. We have Staci
16 Rewis for questions only and Charles Mann.
17 I see no questions for Ms. Rewis. So,
18 Mr. Mann, on -313, bottom of page 10.
19 MR. MANN: Mr. Chairman, that was my
20 mistake. I was trying to put down the bills and
21 I got the wrong one. So I do not have anything
22 to say on this one.
23 Thank you.
24 THE CHAIRMAN: We concur with your
25 comments.
Diane M.
Tropia,
27
1 All right. Seeing no further speakers, we
2 will continue that public hearing with no
3 further action.
4 Item 34, 2008-314. We'll open that public
5 hearing. I have
6 AUDIENCE MEMBER: Chmura.
7 THE CHAIRMAN: -- Chmura.
8 Good evening and welcome.
9 AUDIENCE MEMBER: Marshall Chmura, 2108
11 I'm here on behalf of the landowner. We're
12 just asking for a deferral so we can address
13 some of the comments from the Planning
14 Commission.
15 THE CHAIRMAN: Okay. I did receive a memo
16 from Councilmember Lee asking for a deferral as
17 well. So your wish will be granted, so --
18 MR. CHMURA: Thank you.
19 THE CHAIRMAN: Appreciate you being here.
20 MR. CHMURA: Thank you.
21 THE CHAIRMAN: Seeing no further speakers,
22 we'll continue that public hearing with no
23 further action.
24 I would like to let the record reflect that
25 Councilmember Lee has been excused but did ask
Diane M.
Tropia,
28
1 for a deferral on that item as well as a couple
2 of others that were not scheduled to be taken
3 action on tonight.
4 Page 11, committee members, the following
5 items will all be deferred: 2008-361, -362,
6 -363, and -364.
7 We're on the top of page 12 now. Items 39
8 and 40, 2008-365 and -366, are both deferred.
9 Items 41 and 42 are companion rezonings,
10 2008-378 and -379. We'll open both those public
11 hearings.
12 (Ms. McDonald approaches the podium.)
13 THE CHAIRMAN: We have Susan McDonald to
14 speak on both bills. You can do it at one time
15 if you'd like.
16 MS. McDONALD: Well, thank you so much,
17 sir.
18 Susan
McDonald,
19 These actually are two notices of proposed
20 change to the Deerwood Park DRI. The first
21 one -- and you might say, well, why did you have
22 two different ordinances here. Because we filed
23 two different applications. And in retrospect
24 that was inefficient, but we didn't know at the
25 time we needed to.
Diane M.
Tropia,
29
1 The first one is a change to allow the
2 addition of full-service hotels in the Deerwood
3 Park DRI, and the way this is going to happen is
4 that currently approved development rights are
5 going to be converted to that.
6 Presently, it's approved in the DRI for an
7 All Suites hotel, and this would just add
8 another type of hotel thereby increasing the
9 marketability of the site for folks visiting
10 Blue Cross/Blue Shield and Merrill Lynch. So
11 there would be no increase in impacts by this.
12 The second is actually to add office
13 development rights to enable people like Merrill
14 Lynch and Blue Cross/Blue Shield, corporations
15 of that type, to increase the office space there
16 and to add jobs.
17 And we've got no opposition. I'm happy to
18 answer any questions.
19 THE CHAIRMAN: Okay. Thank you very much.
20 MS. McDONALD: Thank you.
21 THE CHAIRMAN: I don't show any questions
22 for you, so we'll go ahead and close both those
23 public hearings.
24 MR. WEBB: Move the bill.
25 MR. CLARK: Second.
Diane M.
Tropia,
30
1 THE CHAIRMAN: I have a motion and a second
2 on 2008-378.
3 Seeing no discussion, open the ballot,
4 record the vote.
5 (Committee ballot opened.)
6 MR. CORRIGAN: (Votes yea.)
7 MR. YARBOROUGH: (Votes yea.)
8 MR. CLARK: (Votes yea.)
9 MR. SHAD: (Votes yea.)
10 MR. WEBB: (Votes yea.)
11 (Committee ballot closed.)
12 MS. LAHMEUR: Five yeas, zero nays.
13 THE CHAIRMAN: By your action, you have
14 approved 2008-378.
15 MS. McDONALD: Thank you.
16 THE CHAIRMAN: -379.
17 MR. CLARK: Move the bill.
18 THE CHAIRMAN: I have a motion and a --
19 MR. YARBOROUGH: Second.
20 THE CHAIRMAN: -- second on -379.
21 Seeing no discussion, open the ballot,
22 record the vote.
23 (Committee ballot opened.)
24 MR. CORRIGAN: (Votes yea.)
25 MR. YARBOROUGH: (Votes yea.)
Diane M. Tropia,
31
1 MR. CLARK: (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 have
7 approved 2008-379.
8 Committee members, the following bills will
9 be second and rereferred: 2008-390, -391, -392,
10 -393, -394, -395, -396, -397, -398, -399, -400,
11 -401, -402, -403, -404, -405, -406, -407, -408,
12 -409, -410, -411, -412, -413, -414, -415, -416,
13 -417, -418, -419, and -420.
14 We are now on the top of page 19 of your
15 agenda. Item 74, 2008-422. We'll open that
16 public hearing. We have one speaker, Emily
17 Pierce.
18 (Ms. Pierce approaches the podium.)
19 MS. PIERCE: Emily Pierce, 1301 Riverplace
20 Boulevard.
21 This is an amendment for a development
22 agreement. We're asking to extend the
23 expiration date. We're also reducing the number
24 of trips that we're reserving under the
25 agreement.
Diane M.
Tropia,
32
1 The original agreement was for 425
2 single-family units. After some permitting
3 issues that came up, we have found that we can
4 develop less than half of that actually on the
5 site.
6 So we felt like it was in everybody's best
7 interest, particularly with concurrency and the
8 way the roads are now, to go ahead in this
9 amendment and reduce the total number of units
10 under the amendment and the total number of
11 trips we were reserving so that those trips
12 could be released back into the system.
13 We've built about 130 units. We plan on
14 building about 180.
15 THE CHAIRMAN: Okay. Perfect. Thank you.
16 Seeing no other speakers, we'll close that
17 public hearing.
18 MR. CLARK: Move the amendment.
19 MR. WEBB: Second.
20 THE CHAIRMAN: Motion and a second on the
21 amendment to -422.
22 We'll go to the Planning Department -- or,
23 excuse me, to Shannon Eller of OGC to explain
24 the amendment, please.
25 MS. ELLER: Thank you.
Diane M.
Tropia,
33
1 The amendment corrects language in the body
2 of the bill. The title of the bill correctly
3 indicates that it's for 180 single-family lots.
4 The body of the bill itself references 180 but
5 doesn't clearly indicate that it's a reduction
6 from 425 to 180. So we wanted to put that into
7 the body of the bill to make it clear that we're
8 reducing the number of residential development
9 rights.
10 THE CHAIRMAN: Okay. Thank you very much.
11 Seeing no discussion on the amendment, all
12 in favor signal by saying aye.
13 COMMITTEE MEMBERS: Aye.
14 THE CHAIRMAN: All opposed.
15 COMMITTEE MEMBERS: (No response.)
16 THE CHAIRMAN: The amendment carries.
17 MR. WEBB: Move the bill as amended.
18 MR. CLARK: Second.
19 THE CHAIRMAN: Motion and a second on -422
20 as amended.
21 Seeing no discussion, open the ballot,
22 record the vote.
23 (Committee ballot opened.)
24 MR. CORRIGAN: (Votes yea.)
25 MR. YARBOROUGH: (Votes yea.)
Diane M.
Tropia,
34
1 MR. CLARK: (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 have
7 approved 2008-422.
8 Thank you.
9 MS. PIERCE: Thank you very much.
10 THE CHAIRMAN: Item 75, 2008-424. We'll
11 open that public hearing. We have one speaker,
12 Joe Van Rooy.
13 (Audience member approaches the podium.)
14 THE CHAIRMAN: Good evening.
15 AUDIENCE MEMBER: Good evening.
16 My name is Joe Van Rooy. I'm representing
17
18
19 This is an ordinance to approve a
20 performance-based development agreement. We
21 have a recommendation of approval, and we'd
22 appreciate your support.
23 I'd be happy to answer any questions.
24 THE CHAIRMAN: Thank you very much.
25 Councilmember Webb.
Diane M.
Tropia,
35
1 MR. WEBB: Thank you, sir.
2 Through the Chair, just for clarification,
3 this is the south side of
4 correct?
5 MR. VAN ROOY: Correct.
6 MR. WEBB: Is that 5 or 6, General
7 Counsel? Could you --
8 MR. VAN ROOY: It is 5. I've confirmed --
9 MR. WEBB: It is 5?
10 MR. VAN ROOY: -- by way of the map.
11 MR. WEBB: It's Councilman Shad's? Okay.
12 Very good.
13 You're welcome to have it, sir.
14 Thank you.
15 THE CHAIRMAN: You were going to keep a
16 vote one way or the other, I think. You were in
17 a win/win in that case.
18 Thank you, Councilmember Shad.
19 Seeing no further questions, we'll close
20 that public hearing.
21 MR. YARBOROUGH: Move the bill.
22 MR. CLARK: Second.
23 THE CHAIRMAN: I have a motion and a second
24 on 2008-424 in District 5.
25 Seeing no discussion, open the ballot,
Diane M.
Tropia,
36
1 record the vote.
2 (Committee ballot opened.)
3 MR. CORRIGAN: (Votes yea.)
4 MR. YARBOROUGH: (Votes yea.)
5 MR. CLARK: (Votes yea.)
6 MR. SHAD: (Votes yea.)
7 MR. WEBB: (Votes yea.)
8 (Committee ballot closed.)
9 MS. LAHMEUR: Five yeas, zero nays.
10 THE CHAIRMAN: By your action, you have
11 approved 2008-424.
12 MR. VAN ROOY: Thank you.
13 THE CHAIRMAN: Thank you, sir.
14 Item 76, 2008-425. We'll open that public
15 hearing. Fred Atwill is here.
16 (Mr. Atwill approaches the podium.)
17 THE CHAIRMAN: Good evening, sir.
18 MR. ATWILL: Good evening.
19 Fred Atwill,
Jr., 9001
20 Here to answer any questions that may occur
21 on this development agreement proposal.
22 THE CHAIRMAN: All right. Perfect.
23 I don't see any questions right now, so
24 we'll go ahead and close that public hearing.
25 MR. YARBOROUGH: Move the bill.
Diane M.
Tropia,
37
1 MR. CLARK: Second.
2 THE CHAIRMAN: I have a motion and a second
3 on 2008-425.
4 Still seeing no discussion, so we'll open
5 the ballot, record the vote.
6 (Committee ballot opened.)
7 MR. CORRIGAN: (Votes yea.)
8 MR. YARBOROUGH: (Votes yea.)
9 MR. CLARK: (Votes yea.)
10 MR. SHAD: (Votes yea.)
11 MR. WEBB: (Votes yea.)
12 (Committee ballot closed.)
13 MS. LAHMEUR: Five yeas, zero nays.
14 THE CHAIRMAN: By your action, you have
15 approved 2008-425.
16 Thank you, sir.
17 MR. ATWILL: Thank you very much.
18 THE CHAIRMAN: Item 77, 2008-426. We'll
19 open that public hearing.
20 Ms.
21 (Ms. Hipps approaches the podium.)
22 THE CHAIRMAN: Good evening.
23 MS. HIPPS: Good evening.
24
25 Mr. Chairman, this is a development
Diane M.
Tropia,
38
1 agreement that, through a performance plan and
2 annual fee, can service the CCAS rights for
3 concurrency for 73 condo units in Councilman
4
5 I'm here for any questions.
6 THE CHAIRMAN: Perfect.
7 I don't see any questions right now, so
8 we'll close that public hearing.
9 MR. YARBOROUGH: Move it.
10 MR. CLARK: Second.
11 THE CHAIRMAN: I have a motion and a second
12 on -426.
13 Seeing no discussion, let's open the
14 ballot, record the vote.
15 (Committee ballot opened.)
16 MR. CORRIGAN: (Votes yea.)
17 MR. YARBOROUGH: (Votes yea.)
18 MR. CLARK: (Votes yea.)
19 MR. SHAD: (Votes yea.)
20 MR. WEBB: (Votes yea.)
21 (Committee ballot closed.)
22 MS. LAHMEUR: Five yeas, zero nays.
23 THE CHAIRMAN: By your action, you have
24 approved 2008-426.
25 Top of page 20, 2008-427. We'll open that
Diane M.
Tropia,
39
1 public hearing. We have one speaker, Mr. Fred
2 Atwill, Jr.
3 (Mr. Atwill approaches the podium.)
4 MR. ATWILL: Good evening.
5 Fred Atwill,
Jr., 9001
6 I'm here representing the property owner
7 and will entertain any questions that there
8 might be regarding this development agreement
9 proposal.
10 Thank you.
11 THE CHAIRMAN: Thank you.
12 I don't see any questions, so we'll close
13 that public hearing.
14 MR. WEBB: Move the bill.
15 MR. CLARK: Second.
16 THE CHAIRMAN: Motion and a second on
17 2008-427.
18 Seeing no discussion, open the ballot,
19 record the vote.
20 (Committee ballot opened.)
21 MR. CORRIGAN: (Votes yea.)
22 MR. YARBOROUGH: (Votes yea.)
23 MR. CLARK: (Votes yea.)
24 MR. SHAD: (Votes yea.)
25 MR. WEBB: (Votes yea.)
Diane M.
Tropia,
40
1 (Committee ballot closed.)
2 MS. LAHMEUR: Five yeas, zero nays.
3 THE CHAIRMAN: By your action, you have
4 approved 2008-427.
5 Thank you, Fred.
6 MR. ATWILL: Thank you very much.
7 THE CHAIRMAN: The following items will be
8 second and rereferred: 2008-435, -436, -437,
9 -438, -439, and 2008-473.
10 That concludes our agenda. I'm pleased
11 that -- just to let you know, this meeting was
12 very short tonight, but the next meeting,
13 there's a number of issues that are fairly
14 lengthy, so I'd encourage you all to read ahead
15 of time. I'd encourage you to be here on time.
16 We will probably provide some refreshments to
17 keep you entertained during the evening, so --
18 I appreciate it. Thank you very much.
19 We're adjourned.
20 (The above proceedings were adjourned at
21 5:30 p.m.)
22 - - -
23
24
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Diane M.
Tropia,
41
1 C E R T I F I C A T E
2
3 STATE OF
4 COUNTY OF DUVAL :
5
6 I, Diane M. Tropia, certify that I was
7 authorized to and did stenographically report the
8 foregoing proceedings and that the transcript is a
9 true and complete record of my stenographic notes.
10 Dated this 8th day of June, 2008.
11
12
13
14 Diane M. Tropia
15
16
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Diane M.
Tropia,