1 CITY OF JACKSONVILLE
2 LAND USE AND ZONING
3 COMMITTEE
4
5
6 Proceedings held on Tuesday, May 20, 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.
MIA JONES, Committee Member.
15 ART SHAD, Committee Member.
JACK WEBB, Committee Member.
16
17 ALSO PRESENT:
18 JOHNNY GAFFNEY, City Council Member.
JOHN CROFTS, Deputy Director, Planning Dept.
19 SEAN KELLY, Planning and Development Dept.
KEN AVERY, Planning and Development Dept.
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 May 20, 2008 5:00 p.m.
3 - - -
4 THE CHAIRMAN: Good evening, ladies and
5 gentlemen.
6 We'll call to order the Tuesday, May 20th
7 Land Use and Zoning Committee meeting.
8 I'm the Chairman, Michael Corrigan. Vice
9 Chairman Clay Yarborough is here, Councilmember
10 Richard Clark, Councilmember Jack Webb.
11 Councilmember Art Shad is here as well. He's in
12 the back. He'll join us in one second. Mia
13 Jones is in the back and will be here in one
14 second as well.
15 We do have a visiting councilmember
16 tonight, Dr. Johnny Gaffney.
17 Good to see you.
18 Dr. Gaffney, actually, since he is here,
19 we'll begin tonight with his bill, which is on
20 page 5, number 12, 2007-1046. We have a public
21 hearing on that. We will open that public
22 hearing.
23 We have several speakers. We have Bruce
24 Fletcher, Phil Neary, Joe Markusic -- excuse me,
25 Joe -- and Gloria Devall, and I'll take those in
Diane M.
Tropia,
3
1 any order that they want to come up.
2 Bruce, come on up first. I called you
3 first.
4 (Mr. Fletcher approaches the podium.)
5 THE CHAIRMAN: I don't know if there's an
6 order to it or not.
7 MR. FLETCHER: Mr. Chairman, Bruce
8 Fletcher,
9 I represent some area citizens that were
10 initially opposed to the bill as it was
11 written.
12 At the Planning Commission level, we were
13 able to come up with a compromise that the
14 Planning Commission recommended to this body,
15 and my clients are satisfied with it. Of
16 course, they would like more, but that's the
17 nature of a compromise. I don't think anyone's
18 really completely happy, but we can live with
19 it. And we would urge the council to adopt the
20 substitute as amended by the Planning
21 Commission.
22 And I'm here for questions if there are
23 any.
24 Thank you.
25 THE CHAIRMAN: Okay. Thank you,
Diane M.
Tropia,
4
1 Mr. Fletcher. I don't see any questions right
2 now. We'll call you back up if we see some.
3 Next is Phil Neary.
4 (Audience member approaches the podium.)
5 THE CHAIRMAN: Good evening.
6 AUDIENCE MEMBER: Good evening.
7 My name is Phil Neary. I live at 231 East
9 I would also ask that you approve the
10 bill -- the substitute bill as amended. Our
11 concern was that -- I am a board member of
12 Home Away From Home, and we were concerned that
13 we would allow [sic] to continue to help -- to
14 continue helping our clients and that we
15 remained grandfathered in, and the bill does
16 that now, so thank you.
17 THE CHAIRMAN: Thank you.
18 Joe Markusic.
19 (Audience member approaches the podium.)
20 THE CHAIRMAN: Joe, did I butcher it too
21 bad on my second try or not?
22 AUDIENCE MEMBER: That's all right. Close
23 enough.
24 You need my name and address, correct?
25 THE CHAIRMAN: Yes, please.
Diane M.
Tropia,
5
1 AUDIENCE MEMBER: Joe Markusic, 7027 Alpine
2 Street,
3 This has been a long time in coming to get
4 to this point. It's been about nine months. So
5 we're just going to take an opportunity to thank
6 you people because you have been patient and
7 working hard, just like we have, so --
8 The substitute, we don't see why they
9 amended it, but that's fine. Whatever you wish
10 to do, and we'll be happy with it.
11 Thank you.
12 THE CHAIRMAN: Thank you.
13 The final speaker I have is Gloria Devall.
14 (Audience member approaches the podium.)
15 AUDIENCE MEMBER: Gloria Devall, 7027
16 Alpine Street.
17 When we first brought this issue to
18 Dr. Gaffney, he was -- he very patiently
19 listened to us, and he -- several months ago, he
20 knew I was upset. He took me aside and said,
21 "Don't worry. I'm not going to let anything bad
22 happen to the houses."
23 (Ms. Jones enters the proceedings.)
24 MS. DEVALL: And I would like to take this
25 opportunity to -- through the Chair, to thank
Diane M.
Tropia,
6
1 Dr. Gaffney, who stood by his word and found
2 some way out of a very difficult situation.
3 And I would also like to thank all of you
4 because the people who came up here and spoke,
5 they felt listened to and they felt so
6 respected, and it's really been a mind-blowing
7 experience for them because they didn't think
8 that important people would listen to what they
9 had to say, and it -- you taught them a -- an
10 amazing lesson.
11 Thank you.
12 THE CHAIRMAN: Thank you.
13 I see no further speakers, so we will close
14 the public hearing.
15 MR. YARBOROUGH: Move the amendment.
16 MR. CLARK: Second.
17 THE CHAIRMAN: I have a motion and a second
18 on the amendment.
19 THE CHAIRMAN: Dr. Gaffney, do you want to
20 talk on the amendment or talk on the bill or
21 what's your preference?
22 DR. GAFFNEY: (Inaudible.)
23 THE CHAIRMAN: Okay. Seeing no questions
24 or discussion on the amendment, all in favor of
25 the amendment signal by saying aye.
Diane M.
Tropia,
7
1 COMMITTEE MEMBERS: Aye.
2 THE CHAIRMAN: All opposed.
3 COMMITTEE MEMBERS: (No response.)
4 THE CHAIRMAN: The amendment carries.
5 MR. YARBOROUGH: Move the bill as amended.
6 MR. CLARK: Second.
7 THE CHAIRMAN: Motion and a second on
8 2007-1046 as amended.
9 Dr. Gaffney, anything on the bill or not?
10 DR. GAFFNEY: No.
11 THE CHAIRMAN: You're good? Okay good.
12 Councilmember Yarborough.
13 MR. YARBOROUGH: Thank you, Mr. Chairman.
14 I'm happy to support the bill. I just
15 wanted to make a comment in response to what
16 Ms. Devall said.
17 I was very impressed when the speakers came
18 up and to hear that many had come through some
19 of the programs and through the home there, were
20 speaking very intelligently and were doing
21 careers now that were very reputable. One man,
22 I think, had gone through the bar exam and was
23 now an attorney and all of that.
24 And I was very impressed with all of the
25 speakers that came up, so I just wanted to
Diane M.
Tropia,
8
1 mention that.
2 Thank you for your words tonight.
3 THE CHAIRMAN: All right. Thank you,
4 Councilmember Yarborough.
5 Seeing no further speakers, we'll open the
6 ballot, record the vote.
7 (Committee ballot opened.)
8 MR. CORRIGAN: (Votes yea.)
9 MR. CLARK: (Votes yea.)
10 MS. JONES: (Votes yea.)
11 MR. WEBB: (Votes yea.)
12 MR. YARBOROUGH: (Votes yea.)
13 (Committee ballot closed.)
14 MS. LAHMEUR: Five yeas, zero nays.
15 THE CHAIRMAN: By your action, you have
16 approved 2007-1046 as amended.
17 Dr. Gaffney, before you go, I will echo
18 what the speakers said and Councilman Yarborough
19 said. You've done a great job on this bill.
20 I really thought we'd eventually get back
21 here and have a very long, heated debate about
22 it. And the fact that we come tonight with the
23 support from the community and the district
24 councilperson is commendable, so I appreciate
25 it.
Diane M.
Tropia,
9
1 The floor is yours, sir.
2 DR. GAFFNEY: Thank you, Mr. Chairman.
3 I just want to thank everybody, all of my
4 colleagues. As I say, we do live in a
5 democracy. And we want our constituents to know
6 that their vote, their voice do matter, and
7 so --
8 But I know without my colleagues, with
9 all -- without all of us, communication, showing
10 some love and respect for each other, this could
11 have never happened. Everybody worked very
12 hard. Everybody was very diligent and patient.
13 You know, and I just -- I just appreciate
14 all the support I got from my colleagues and the
15 administration. You-all have been so wonderful,
16 and thank you so much for your support.
17 And I'm glad that we can come to some kind
18 of amicable resolution that everybody can live
19 for. That's why we're here. We're here to
20 represent the people and to make sure that
21 everybody have a voice and that -- and let them
22 know that their voice do matter.
23 And thank you once again. Appreciate it.
24 THE CHAIRMAN: Thank you, Councilmember
25 Gaffney.
Diane M.
Tropia,
10
1 Okay. Committee members, we'll go back to
2 page 2 of our agenda, item number 1, 2005-718.
3 MR. CLARK: Move to withdraw.
4 MR. YARBOROUGH: Second.
5 THE CHAIRMAN: I have a motion and a second
6 to withdraw -718.
7 Seeing no discussion, open the ballot,
8 record the vote.
9 (Committee ballot opened.)
10 MR. CORRIGAN: (Votes yea.)
11 MR. CLARK: (Votes yea.)
12 MS. JONES: (Votes yea.)
13 MR. WEBB: (Votes yea.)
14 MR. YARBOROUGH: (Votes yea.)
15 (Committee ballot closed.)
16 MS. LAHMEUR: Five yeas, zero nays.
17 THE CHAIRMAN: By your action, you have
18 withdrawn 2005-718.
19 The following items will be deferred:
20 2005-1228, 2006-24, 2006-220, 2006-360,
21 2006-658, 2007-144, 2007-145, 2007-384,
22 2007-581, and 2007-803, which is at the top of
23 page 5.
24 We've already taken the second item on
25 page 5.
Diane M.
Tropia,
11
1 We are now on item 13, 2007-1085. We'll
2 open that public hearing.
3 Seeing no speakers, we'll continue that
4 public hearing with no further action.
5 Page 6, item 14, 2007-1086. Open that
6 public hearing.
7 Seeing no speakers, we'll continue that
8 public hearing.
9 Item, 15 2007-1121. We'll open that public
10 hearing. We have one speaker card from Richard
11 Kravitz.
12 (Mr. Kravitz approaches the podium.)
13 THE CHAIRMAN: Good evening, sir.
14 MR. KRAVITZ: Good evening. Thank you,
15 Mr. Chairman.
16 Richard Kravitz,
17 representing the owner.
18 The applicant seeks to rezone approximately
19 40 acres from PUD to PUD for construction of
20 single-family residential homes on the south
21 side of
22 between
23 The submitted site plan highlights a
24 mixture of recreational space, open space, and
25 buffering interior to and around the property --
Diane M.
Tropia,
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1 the periphery of the property.
2 The proposed zoning is consistent with the
3 goals and objectives of the 2010 comp plan.
4 The rezoning was unanimously passed by the
5 Planning Commission last Thursday with certain
6 conditions that are spelled out on a Planning
7 and Development Department stationery dated
8 April the 24th, and we're in total agreement
9 with those eight conditions.
10 And then, Mr. Chairman and members, there
11 was an additional condition that Councilman Holt
12 recommended that I gave to the Planning
13 Department -- Mr. Crofts and, I think, legal has
14 a copy -- that we are also in agreement with as
15 well. And if you would like, if you want, I can
16 read that into the record or somebody else
17 could, but --
18 THE CHAIRMAN: We can let staff do it if
19 you --
20 MR. KRAVITZ: All right. That's fine.
21 We're in agreement with that one as well.
22 THE CHAIRMAN: Okay. Thank you very much.
23 Seeing no further speakers, so we'll close
24 that public hearing.
25 MR. WEBB: Move the amendment.
Diane M.
Tropia,
13
1 MR. YARBOROUGH: Second.
2 THE CHAIRMAN: I have a motion and a second
3 on the amendment to -1121.
4 Planning Department, do you want to explain
5 the amendment, please.
6 MR. CROFTS: Yes, sir.
7 The amendment consists of the following
8 conditions. They are:
9 Number 1, "The development shall be subject
10 to the original legal description dated October
11 1st, 2007."
12 Number 2, "The development shall be subject
13 to the revised written description dated April
14 21st, 2008."
15 Number 3, "The development shall be subject
16 to the revised site plan dated April 18th,
17 2008."
18 Number 4, "The development shall be subject
19 to the review and approval of the Department of
20 Public Works Development Services Division
21 pursuant to their memorandum dated October 15th,
22 2007, FDOT, or as otherwise approved by the
23 Planning and Development Department."
24 Number 5, "Disclosure regarding proximity
25 of the firing range/gun club located adjacent to
Diane M.
Tropia,
14
1 the project shall be identified on the plats and
2 disclosed in the sales documentation in a form
3 acceptable to the Office of General Counsel."
4 Number 6, "The maximum lot coverage shall
5 not exceed 50 percent."
6 Number 7, "Prior to PUD verification, an
7 amenity plan for the recreation area shall be
8 submitted for review and approval by the
9 Planning and Development Department.
10 Number 8, "The entry road right-of-way
11 shall be 60 feet wide and provide opportunities
12 for cross-access."
13 Condition number 9 and finally, "The
14 developer will provide masonry products as
15 accents on the fronts of all homes.
16 "Additionally, masonry products will be
17 provided on the sides of the buildings that
18 directly face street frontages and the backs of
19 buildings that directly face street frontages.
20 "Masonry products shall be defined as
21 cementitious siding, stucco, brick, stone or a
22 combination of these products. All vinyl siding
23 products used for exterior cladding shall be
24 Variform Contractor's Choice or equivalent with
25 a minimum thickness of 0.040 inches."
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
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1 That concludes the amendment.
2 THE CHAIRMAN: Mr. Kravitz, that's what you
3 agreed to?
4 MR. KRAVITZ: Yes.
5 THE CHAIRMAN: All right. Thank you very
6 much.
7 I see no discussion on the amendment. All
8 in favor signal by saying aye.
9 COMMITTEE MEMBERS: Aye.
10 THE CHAIRMAN: All opposed.
11 COMMITTEE MEMBERS: (No response.)
12 THE CHAIRMAN: The amendment carries.
13 MR. WEBB: Move the bill as amended.
14 MR. CLARK: Second.
15 THE CHAIRMAN: Motion and a second on
16 2007-1121 as amended.
17 Seeing no discussion, open the ballot,
18 record the vote.
19 (Committee ballot opened.)
20 MR. CORRIGAN: (Votes yea.)
21 MR. CLARK: (Votes yea.)
22 MS. JONES: (Votes yea.)
23 MR. WEBB: (Votes yea.)
24 MR. YARBOROUGH: (Votes yea.)
25 (Committee ballot closed.)
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
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1 MS. LAHMEUR: Five yeas, zero nays.
2 THE CHAIRMAN: By your action, you've
3 approved 2007-1121.
4 Thank you.
5 MR. KRAVITZ: Thank you very much.
6 THE CHAIRMAN: Item 16, 2007-1125. We'll
7 open that public hearing.
8 Seeing no speakers, we'll continue it.
9 2007-1350. We'll open that public
10 hearing.
11 Seeing no speakers, we'll continue it.
12 Page 7, top of the page. 2008-23. We'll
13 open that public hearing.
14 Seeing no speakers, we'll continue it.
15 Item 19, 2008-25. We'll open that public
16 hearing. We have speaker's card, Susan Green.
17 (Ms. Green approaches the podium.)
18 MS. GREEN: Thank you.
19 Susan Green of Green & Kupperman, 200 First
20 Street, Neptune Beach, Florida, representing the
21 landowners, Jeff and Sherry Bauer (phonetic).
22 Councilmember Holt said he was coming
23 today, but I wonder if he had a conflict. Just
24 to let you know, I did meet with him in between
25 our last meeting and this one, and he had been
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
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1 out to the site and did not have a problem with
2 our request.
3 I had brought this to you before and we
4 deferred it for several weeks so that I could
5 answer that question for you, which was where
6 did Mr. Holt stand on the issue.
7 The notebook is just a quick flip-through
8 of what's out there and what's going on at the
9 property.
10 The first map is the zoning map that's
11 probably in your report that shows it's all RR
12 out there.
13 And the little flag, if you will, is the
14 dirt road that's in another picture later on
15 that represents how much road frontage that
16 piece of property has, not exactly what's --
17 it's not a true representation of what's out
18 there and -- as far as Shindler Road being a
19 very -- them having a lot of road frontage on
20 Shindler Road.
21 And then there's a survey of the property;
22 our site plan, which you have seen, that shows
23 the one existing mobile home and the one
24 proposed.
25 And the private driveway -- at some point,
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
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1 like I told you last time, Ray Roundtree
2 verbally told my client that it was an approved
3 private road. I don't have any facts for that,
4 but that was something that was told to them.
5 I provided you an aerial to show you all
6 the mobile homes in the area and that it's
7 very -- they're not clustered together. It is
8 spread out.
9 The reason that they -- that they -- that
10 we had to start this process was several years
11 ago the aunt of one of the landowners -- I
12 believe her name was Dorothea Shea (phonetic).
13 She made an application for this same piece of
14 property for two mobile homes and to do the lot
15 size reduction. They're just shy of two acres.
16 And something happened in the process, and
17 the Planning Department notified her that she
18 could only go for the road waiver, not the lot
19 reduction, and so the application was amended
20 and then approved for just one -- one mobile
21 home.
22 And I don't -- the miscommunication came
23 through. They put the one mobile home on. And
24 then last April -- that's what the next tab is,
25 number 5 -- they went to the zoning counter,
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
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1 made application for the second mobile home, and
2 got a stamped approval from the zoning counter.
3 Then it became -- notified that, no,
4 actually, that was not supposed to happen, that
5 they had to go through this whole process again,
6 and now you can ask for a waiver.
7 So we've started the whole process over.
8 So here we are a year later.
9 There seemed to be some concern from
10 somebody on the council -- and I don't remember
11 which one of you it was -- that -- you know,
12 what was the feeling maybe in the area, and so
13 our landowner went out to the surrounding
14 neighborhoods and got some signatures supporting
15 it. Not that a petition holds any weight.
16 And then I have some --
17 THE CHAIRMAN: Your time has expired.
18 Do you want to finish that thought?
19 MS GREEN: Pictures in the back of the
20 book.
21 THE CHAIRMAN: Thank you. I appreciate
22 that.
23 MS GREEN: I'm happy to answer any
24 questions.
25 The main thing was -- and also, if I could,
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
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1 ask permission for you all that -- last time you
2 closed the public hearing and talked to the
3 Planning Department, and I felt that there was
4 some opportunities for me to maybe add some
5 information.
6 And I don't want to go out of -- be out of
7 order if that happens again, but I -- raise my
8 hand if I need to, if that's all right.
9 THE CHAIRMAN: If somebody up here asks you
10 to give feedback on it, we'd be happy to do it,
11 so --
12 MS GREEN: Okay. Thank you.
13 THE CHAIRMAN: Appreciate it.
14 Okay. Seeing no further speakers, we'll
15 close that public hearing.
16 We'll go to the Planning Department.
17 MR. KELLY: Thank you.
18 To the Chair, members of the LUZ, ordinance
19 2008-25 seeks a reduction in the required road
20 frontage from 160 feet to 15 feet for allow --
21 to allow for two dwellings within the rural
22 residential zoning district.
23 The subject property is approximately
24 1.3 quarter acres in size. That was previously
25 granted a waiver back in 1999.
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
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1 Now, at this point, staff is reviewing an
2 additional request for the second structure on
3 the property.
4 We find that this request, again, is really
5 circumventing the intent of the subdivision
6 regulations, that it would alter the character
7 of the area, substantially interfere with other
8 property owners. And we find that, for the most
9 part, this is, again, you know, health, safety
10 and welfare -- that this will be detrimental to
11 the health, safety, and welfare of the residents
12 given that they're located down a wagon trail
13 dirt road that is over 330 feet off of Shindler
14 Drive.
15 So we are recommending denial of the
16 requested waiver.
17 THE CHAIRMAN: Okay. Mr. Kelly, when you
18 said they had a previous waiver, what was the
19 previous waiver?
20 MR. KELLY: In 1999, it was a waiver of
21 road frontage that was granted, I believe, for
22 the existing dwelling that was at the front or
23 further behind.
24 There's a number of -- let me defer to
25 Susan.
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
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1 MS GREEN: On the site plan, where it shows
2 "existing and proposed mobile home," that was
3 the reference that I made to when they made the
4 application, this same application, but they
5 made it for two mobile homes and were told to
6 withdraw a portion of that application so that
7 only the one mobile home got approved.
8 And now they've come back because they were
9 told they could ask for the second one again
10 now, and that's why they're here.
11 So one mobile home, which is the little one
12 on the site plan, was for -- was the 1999 one.
13 THE CHAIRMAN: Okay.
14 MR. KELLY: Right. It was approved, I
15 guess, from 80 to 15 for the frontage that they
16 did have back then.
17 MR. WEBB: Mr. Chairman.
18 THE CHAIRMAN: Councilmember Webb.
19 MR. WEBB: Ms. Green, the 1995 -- 1999
20 waiver, it -- was it the same request,
21 effectively, for a reduction in road frontage?
22 MS GREEN: Yes.
23 What happened was, they have -- it's just
24 under two acres, so they asked for the reduction
25 in the road frontage, and then they asked -- the
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
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1 following application, which, providing I get
2 approved tonight, will go, then, to the Planning
3 Department on Friday for the second half.
4 Their second half of the application they
5 were told they had to withdraw because those
6 applications to reduce land area were not being
7 processed at that time. So they were then --
8 their application got amended for the -- from
9 then to what he just said, 80 to 15, instead of
10 the 160 to 15. So it was just for the one
11 mobile home.
12 MR. WEBB: Okay.
13 MS GREEN: And they got that approved.
14 So then we've come back now and asked again
15 for the second one because the administrative
16 deviations are now being allowed for this little
17 bit of difference in the land area.
18 They're required to have one acre per
19 dwelling, and they're at 1. -- I think 8 or
20 something. So we have to go through the road
21 frontage part first again and then the -- we'll
22 go to the waiver -- I mean, the deviation on
23 Friday.
24 MR. WEBB: Okay. Thank you.
25 THE CHAIRMAN: Okay. I have no further
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
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1 speakers. Do I have an amendment?
2 COMMITTEE MEMBERS: (No response.)
3 THE CHAIRMAN: Not hearing an amendment and
4 not having Councilmember Holt here, we then
5 put -- then I'll most likely probably defer
6 this.
7 Ms. Green.
8 MS. GREEN: Okay. That's fine.
9 I was wondering if he was -- if we could
10 call and see if he's up there. Maybe he just --
11 the time got away. And I don't remember his
12 extension. I'm sorry.
13 MS. ELLER: I saw him leaving the building.
14 MS GREEN: If you want to defer again,
15 that's fine.
16 THE CHAIRMAN: He is leaving?
17 MS. ELLER: No. I thought -- when I came
18 down to LUZ, I asked him, I said, "Are you
19 coming tonight? Do you have any bills?" And he
20 said, no, that he had a conflict. He was on his
21 way out the door.
22 MS. GREEN: I don't mind deferring again if
23 that's what --
24 THE CHAIRMAN: What we'll do is, instead of
25 closing the public hearing on 2008-25, we'll
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
25
1 continue that public hearing and take no further
2 action tonight.
3 And if you will contact Councilmember
4 Holt --
5 MS. GREEN: I will be happy to.
6 And I left him a message yesterday
7 reminding him, so I'm assuming he really did
8 have something that came up.
9 Thank y'all.
10 So I don't have to bring these back again?
11 You'll bring them back again?
12 THE CHAIRMAN: Okay. Thank you.
13 MS. GREEN: Thank y'all.
14 THE CHAIRMAN: Okay. Committee members,
15 we're on 2008-27. We'll open that public
16 hearing.
17 Seeing no speakers, we'll close that public
18 hearing.
19 MR. WEBB: Move the amendment.
20 MR. CLARK: Second.
21 THE CHAIRMAN: I have a motion and a second
22 on the amendment, which is the PHS amendment.
23 Any discussion on the amendment?
24 COMMITTEE MEMBERS: (No response.)
25 THE CHAIRMAN: I'd like to know what the
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
26
1 amendment was at PHS.
2 Can someone explain that to -- Mr. Rohan,
3 could you please explain that to us?
4 MR. ROHAN: Thank you.
5 The amendment was the same as the Finance
6 amendment, which did two things:
7 It changed the -- from the Municipal Code
8 Compliance Division to the current Planning
9 Division as the division of the City that would
10 implement the rules, that would develop the
11 rules and the applications and forms.
12 It also corrected a scrivener's error as to
13 the language of 559.233. It originally said
14 559.203.
15 And then it added to the Finance Committee
16 amendment a correction on where the fees should
17 be shown. The fee was originally shown in the
18 bill as coming in Chapter 123, and now we have
19 placed it in Chapter 656, Section 656.146.
20 So those are the three things that were
21 changed in PH&S.
22 THE CHAIRMAN: Okay. Thank you.
23 Any other discussion on the amendment?
24 COMMITTEE MEMBERS: (No response.)
25 THE CHAIRMAN: Seeing none, all in favor of
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
27
1 the amendment signal by saying aye.
2 COMMITTEE MEMBERS: Aye.
3 THE CHAIRMAN: All opposed.
4 COMMITTEE MEMBERS: (No response.)
5 THE CHAIRMAN: Well, I didn't hear very
6 much noise.
7 By a show of hands, all in favor of the
8 amendment signal by saying aye.
9 COMMITTEE MEMBERS: (Indicating.)
10 THE CHAIRMAN: All right. That passes.
11 It's a quiet bunch today.
12 Okay. We're ready for a motion on the
13 bill.
14 COMMITTEE MEMBERS: (No response.)
15 THE CHAIRMAN: Seeing no motion, we will
16 defer that item. Since we are deferring it, we
17 need to continue the public hearing instead of
18 closing it. So we're going to open and continue
19 2008-27.
20 Mr. Rohan, if I can get your advice on the
21 amendment. It now moves forward with the
22 amendment or --
23 MR. ROHAN: No. I don't think if you moved
24 the bill -- I think you'll need to remove the
25 amendment --
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
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1 THE CHAIRMAN: Okay. So we just open and
2 continue with no further action is all we did
3 tonight.
4 All right. Thank you.
5 Item 21, 2008-40, is deferred, as well as
6 the two items on page -- top of page 8, 2008-145
7 and 2008-192.
8 And -192, that's the Riverside Avondale
9 zoning overlay in my district, and we'll be --
10 the public hearing dates are now on the Internet
11 for the public's view, if they'd like to, so
12 they don't -- when that will come up before this
13 committee and the Planing Commission.
14 Item 24, 2008-227. We'll open that public
15 hearing.
16 Seeing no speakers, we'll continue that
17 public hearing.
18 Page 9, item 25, 2008-228. We'll open that
19 public hearing. Seeing no speakers, we'll close
20 that public hearing.
21 MR. YARBOROUGH: Move to withdraw.
22 MR. WEBB: Second.
23 THE CHAIRMAN: I have a motion and a second
24 to withdraw -228.
25 Seeing no discussion, open the ballot,
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
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1 record the vote.
2 (Inaudible discussion.)
3 THE CHAIRMAN: That's right.
4 I believe -- Mr. Kelly, weren't we going to
5 refund fees on this particular one?
6 MR. KELLY: Yes. That's correct.
7 Just to confirm, I did speak to Pastor
8 Powers this afternoon, and he did indicate his
9 desire to withdraw the application with fees.
10 THE CHAIRMAN: So the motion --
11 MR. WEBB: Move to withdraw with fees.
12 MR. YARBOROUGH: Second.
13 THE CHAIRMAN: The motion was withdraw with
14 the refund of fees. We had a second on that.
15 Open the ballot, record the vote.
16 (Committee ballot opened.)
17 MR. CORRIGAN: (Votes yea.)
18 MS. JONES: (Votes yea.)
19 MR. WEBB: (Votes yea.)
20 MR. YARBOROUGH: (Votes yea.)
21 (Committee ballot closed.)
22 MS. LAHMEUR: Four yeas, zero nays.
23 THE CHAIRMAN: By your action, you have
24 withdrawn 2008-228.
25 2008-231 is deferred.
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
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1 Item 27, 2008-236. Open that public
2 hearing.
3 Seeing no speakers, we'll continue it.
4 MR. YARBOROUGH: Move the sub.
5 THE CHAIRMAN: On -236?
6 MR. YARBOROUGH: Is there a sub?
7 THE CHAIRMAN: No. I think we were going
8 to take no further action tonight.
9 MR. YARBOROUGH: Don't move the sub.
10 THE CHAIRMAN: Thank you, Councilmember
11 Yarborough, for doing nothing.
12 2008-258. We'll open that public hearing.
13 Seeing no speakers, we'll continue that
14 public hearing.
15 Item 29 on the top of page 10, 2008-262.
16 We'll open that public hearing. We have one
17 speaker, Mark Campbell.
18 (Audience member approaches the podium.)
19 THE CHAIRMAN: Good evening.
20 AUDIENCE MEMBER: Good evening,
21 Mr. Chairman.
22 Mark Campbell, 2705 Riverside Avenue,
23 representing Murrad, LLC.
24 Just to offer an explanation that I can for
25 this PUD to a previously-approved PUD.
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
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1 The original PUD was for 24 units on this
2 site, 12 residential townhomes over 12 office
3 flats on the bottom. Our lenders had requested
4 us to change it to all residential at one time
5 due to market -- what they thought the market
6 was doing. Now they've requested us to mix it
7 again.
8 We're just proposing that we have a
9 variable mixed use on this particular property,
10 that -- we will at least have two office spaces
11 on the bottom with a maximum of 12 office spaces
12 on the bottom so that we can respond to market
13 demands without having to further trouble the
14 commission and this committee.
15 THE CHAIRMAN: All right. Thank you. I
16 appreciate it.
17 MR. CAMPBELL: Thank you, sir.
18 THE CHAIRMAN: Seeing no questions for the
19 speaker, that public hearing is closed.
20 MR. WEBB: Move the amendment.
21 MR. CLARK: Second.
22 THE CHAIRMAN: Motion and second on the
23 amendment to -262.
24 We'll go to the Planning Department for the
25 amendment, please.
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
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1 MR. CROFTS: Yes, sir.
2 The amendment consists of the following
3 conditions. They are:
4 Number 1, "The development shall be subject
5 to the original legal description dated March
6 18th, 2008."
7 Number 2, "The development shall be subject
8 to the revised written description dated April
9 29th, 2008."
10 Number 3, "The development shall be subject
11 to the original site plan dated March 18th,
12 2008."
13 Number 4, "The development shall be subject
14 to the review and approval of the Development
15 Services Division pursuant to their memorandum
16 dated April 8th, 2008, or as otherwise approved
17 by the Planning and Development Department."
18 Condition number 5, "Any improvements to
19 the right-of-way, which include striping, be
20 subject to the review and approval of the
21 Development Services Division and the Planning
22 and Development Department."
23 Number 6, "If the project contains
24 100 percent multifamily residential, the
25 monument sign shall be externally illuminated
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
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1 and no greater than 32 square feet and to the
2 maximum height of 12 feet."
3 Number 7, "If the project contains any
4 commercial office space, the monument sign shall
5 be externally illuminated and no greater than
6 80 square feet and to a maximum height of
7 12 feet."
8 That concludes the amendment.
9 THE CHAIRMAN: Okay. Mr. Campbell, is that
10 the -- do you agree with that amendment?
11 MR. CAMPBELL: Yes, sir. We're amicable to
12 all those conditions.
13 THE CHAIRMAN: Okay. Thank you.
14 Seeing no discussion on the amendment, all
15 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. WEBB: Move the bill as amended.
21 MR. CLARK: Second.
22 THE CHAIRMAN: Motion and a second on -262
23 as amended.
24 Seeing no discussion, open the ballot,
25 record the vote.
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
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1 (Committee ballot opened.)
2 MR. CORRIGAN: (Votes yea.)
3 MR. CLARK: (Votes yea.)
4 MS. JONES: (Votes yea.)
5 MR. WEBB: (Votes yea.)
6 MR. YARBOROUGH: (Votes yea.)
7 (Committee ballot closed.)
8 MS. LAHMEUR: Five yeas, zero nays.
9 THE CHAIRMAN: By your action, you've
10 approved 2008-262.
11 MR. CAMPBELL: Thank you, sir.
12 THE CHAIRMAN: Thank you.
13 Item 30, 2008-263. We'll open that public
14 hearing. We have several speaker cards. We
15 have Don Waters and Millan Mora.
16 (Audience member approaches the podium.)
17 THE CHAIRMAN: Good evening.
18 (Mr. Shad enters the proceedings.)
19 AUDIENCE MEMBER: Good evening.
20 Millan Mora, 6455 Powers Avenue, 32257.
21 I'm here representing Waters Ridge, LLC,
22 our client, in regards to the sign on the
23 right-of-way.
24 It is our opinion, the approval of the
25 waiver will benefit the traffic along St. Johns
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
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1 Bluff Road.
2 Due to the location being hidden away from
3 the trees, it cannot be seen and people driving
4 up to the sign will be able to see it and
5 slamming on their breaks and all of a sudden
6 turning in to the -- to the complex.
7 This is one of the reasons we'd like to
8 have the sign on the right-of-way so it's highly
9 more -- more visible to the potential clients
10 trying to access the apartments.
11 We also believe the sign will not cause a
12 visual intrusion into the right-of-way. There's
13 a sign right adjacent to us, which is the
14 church -- I have pictures of it right here.
15 I'll show it to you guys -- that is more --
16 causes more intrusion than a little signage will
17 do.
18 Also, we have applied and got an approval,
19 a hold harmless agreement within the Public
20 Works Department, and also the traffic
21 department has approved the -- the location of
22 the sign with no objections to the obstruction
23 of traffic along St. Johns Bluff.
24 The sign will actually be 30 feet from the
25 edge of asphalt from the -- from St. Johns
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
36
1 Bluff, so I don't -- I don't believe it will be
2 an obstruction to the traffic.
3 And, also, finally, I'd like to bring to
4 the attention that there's an apartment site,
5 Ryan Oaks apartments, that -- it's located at
6 2678 St. Johns Bluff, and their sign is actually
7 on the right-of-way also. So we would like to
8 see if our sign was -- will be approved to be on
9 the right-of-way.
10 I'm here for any questions.
11 THE CHAIRMAN: Okay. Thank you very much.
12 The other speaker was Don Waters.
13 (Audience member approaches the podium.)
14 THE CHAIRMAN: Good evening.
15 AUDIENCE MEMBER: Hello.
16 My name is Don Waters. I'm the developer
17 of the project. I'm at 2304 St. Johns Bluff
18 Road.
19 We have developed this project. It's only
20 112 ultra-luxury apartments. The complex itself
21 is actually complete now, and we have,
22 fortunately, had tremendous success in leasing.
23 We have given quite a bit of effort, both
24 my wife and I, to every detail of completing
25 this -- these apartments to be a very higher end
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
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1 apartment, if you will, but at reasonable
2 prices, including granite kitchen countertops,
3 nine-foot ceilings, a huge oversized pool, and a
4 nice clubhouse.
5 So we've really -- since it's a -- we're a
6 private company, we've taken particular care to
7 make sure that every amenity is perfect, and
8 that's why I believe that our customers are
9 appreciating this.
10 We didn't realize until the project was
11 almost complete -- and the signage was one of
12 the last issues. We didn't realize how far back
13 the sign actually was, by our original plans,
14 until the completion. And that's why we said,
15 let's put a hold on this because the sign really
16 needs to be further towards the -- into
17 St. Johns Bluff there, as the other apartment
18 project just on the south side of us, the Ryan
19 Oaks, which is a Vestcor project, is in the same
20 location on their property.
21 And what this does is it will make it
22 easier for any visitors coming into the complex
23 to be able to see the complex before they are
24 actually on top of it, and that's all we're
25 trying to accomplish here, is to -- as part of
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
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1 our fine-tuning, make this a more attractive
2 site and also a safer site actually approaching
3 it too. So that's why we're -- we're asking for
4 your approval.
5 THE CHAIRMAN: Thank you.
6 MR. WATERS: Thank you.
7 THE CHAIRMAN: Seeing no further speakers,
8 we will close that public hearing.
9 We'll go to the Planning Department.
10 MR. KELLY: Thank you.
11 To the Chair and the LUZ Committee,
12 ordinance 2008-263 seeks a reduction in the
13 required minimum sign setback from ten feet to
14 zero feet to allow for the placement of the
15 multifamily development entry signage to be
16 within the St. Johns Bluff Road right-of-way.
17 Staff is recommending denial of the
18 request. We find that -- we feel that -- in
19 this instance, that it's not compatible with the
20 existing and contiguous signage or the general
21 character of the area. We feel that it will
22 create a visual intrusion into the right-of-way.
23 Additionally, it is contrary to the intent
24 of the zoning ordinance and we feel that it
25 would set a negative precedent for other signage
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
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1 to be similarly encroached within -- into the
2 right-of-way.
3 We feel that the visibility is not an
4 issue, but -- nor is the traffic safety
5 concerns, but just that it would not -- setting
6 it back ten feet would not detract from their
7 ability, really, to communicate the message in
8 the entry signage. So, therefore, we are
9 recommending denial.
10 THE CHAIRMAN: Okay. Thank you,
11 Mr. Kelly.
12 If I could have you come back up,
13 Mr. Waters.
14 (Mr. Waters approaches the podium.)
15 THE CHAIRMAN: Why not move it back the ten
16 feet as the Planning Department is talking
17 about?
18 MR. WATERS: Well, as you see from the
19 photos that we have supplied to you today,
20 that -- we also did not realize the fact that in
21 the current setting, or the way it was
22 originally planned, that the sign would not be
23 visible from the road or -- especially from a
24 distance. But as you can clearly see, the
25 setback of where it is planned is not visible
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
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1 until you're practically right on the entrance
2 to the driveway.
3 So all we're trying to do is to just
4 improve the property. The traffic department
5 has said it's not a traffic issue, it doesn't
6 apply. And, again, it's just part of our -- it
7 costs us more. This is not a cost savings by
8 any means. It's going to cost us substantially
9 more to change it, but I stopped it when I
10 realized that the sign, as it's planned -- and
11 it was planned all along -- is just too far
12 back, and the -- it can't be seen until you're
13 right on it.
14 And this is not a benefit to our visitors,
15 our tenants either, and it really doesn't hurt
16 any other commercial property on that highway.
17 And, again, other projects, including --
18 the New Covenant Church sign is tremendously
19 much bigger, and even the Vestcor property sign
20 is exactly where we want to put our sign. So
21 we're saying, if Vestcor can do it, you know,
22 why can't we? But besides that, this is a
23 benefit to the communit- -- to our tenants and
24 to their visitors.
25 It will be a beautiful granite sign with
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
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1 gold leaf lettering with marble all around. So
2 we've -- we've gone to the extra extent, but we
3 want to spend the extra money to move it where
4 it can be seen. So we're asking for your
5 approval.
6 THE CHAIRMAN: Okay. Thank you.
7 Sean, I guess my question is, in the
8 pictures -- did you get a copy of the pictures
9 he passed out?
10 MR. KELLY: Yes.
11 THE CHAIRMAN: They indicate that the other
12 signs are on the right-of-way. Is that true? I
13 hope that's not the case.
14 MR. KELLY: I'm not aware -- I'm actually
15 looking into some of the previous waivers that
16 were granted.
17 I haven't seen it within the last couple of
18 years, but I'm not aware of the Ryan Oaks
19 project specifically, although there have been
20 instances where there's an inordinate amount of
21 right-of-way that causes something to be
22 substantially -- you know, 60, 70 feet set back.
23 But, in this instance, given -- I mean,
24 this is an arterial roadway. We feel it's more
25 appropriate that it at least meet the minimum
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
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1 10-foot setback required.
2 There's not a -- there's 30 feet from the
3 edge of pavement to where their sign is proposed
4 now. Setting it back another 10 feet would --
5 it would actually be about another 15 feet. So
6 they'd be about 45 feet, I guess, from the edge
7 of pavement.
8 At the time -- and I guess in the future,
9 if this is to be widened, it could be --
10 potentially cause traffic safety concerns where
11 they'd have to remove the sign because then all
12 of a sudden it interferes with the sight
13 distance and visibility for the future
14 right-of-way or expansion of St. Johns Bluff
15 Road, the widening at some point in the future.
16 So we'd like to just see consistent signage
17 along that segment of the roadway and not
18 encourage offsetting signs.
19 THE CHAIRMAN: Okay. Thank you.
20 Councilmember Webb.
21 MR. WEBB: Thank you, sir.
22 What was your name again, sir?
23 MR. WATERS: Don waters.
24 MR. WEBB: Mr. Waters, where is the
25 Ryan Oaks signage in relation to your
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
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1 proposed -- to your property?
2 MR. WATERS: It's approximately a quarter
3 of a mile south --
4 MR. WEBB: A quarter of a mile south?
5 MR. WATERS: -- on the same side of the
6 road as ours.
7 MR. WEBB: The same side, a quarter
8 mile --
9 MR. WATERS: Yes.
10 MR. WEBB: What about this New Covenant
11 Church, where is that located?
12 MR. WATERS: It's right -- directly on the
13 south side of our property.
14 MR. WEBB: And it's on the south side of
15 the property?
16 MR. WATERS: Yes.
17 MR. WEBB: So --
18 MR. WATERS: Adjoining our property.
19 And to the Planning Department's mention
20 of -- if St. Johns Bluff Road is ever widened,
21 I've signed a waiver so that the -- they can
22 tear it down, if they wish, and move it.
23 So I'm taking the risk, if you will, if
24 that ever happens, and if the City needs it or
25 whatever, you can take it.
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
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1 But, on the other hand, I'm willing to
2 spend that money and take that risk in order to
3 enhance the property, and that's really my only
4 intent here.
5 MR. WEBB: Okay. Thank you, sir. I
6 appreciate that.
7 THE CHAIRMAN: Thank you.
8 I don't have any other speakers. We would
9 need an amendment either to grant or to deny the
10 waiver.
11 Do I have an amendment?
12 MR. WEBB: Move to grant.
13 MR. SHAD: Second.
14 THE CHAIRMAN: I have a motion and a second
15 to grant the waiver.
16 Councilmember Yarborough.
17 MR. YARBOROUGH: Thank you, Mr. Chairman.
18 I was just going to -- Mr. Kelly said he
19 was trying to ascertain whether or not the -- I
20 guess the Ryan Oaks development sign was -- was
21 or wasn't in the right-of-way.
22 I was just going to say, before we act on
23 that, if we could have some feedback.
24 On the pictures that we got, on the -- let
25 me see what page it is here.
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
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1 On the third page in, the top picture shows
2 the sign. It says, "Sign clearly on
3 right-of-way." And it's a close-up view of the
4 sign, right there at the end of the sidewalk,
5 and it says, "Ryan Oaks apartment sign location
6 clearly on the right-of-way."
7 But then on the next page, where it
8 points -- on the aerial photo, it says, "Sign
9 clearly on right-of-way," but it's actually
10 pointing to a different spot because you can see
11 on that -- on that photo on the third page that
12 the sign would be as -- if you continued
13 straight on the sidewalk and you didn't turn to
14 the left right there, you'd run into the sign,
15 but on the next -- on the aerial photo, it's
16 actually showing it being a little bit
17 different.
18 So it's hard for me to tell whether or not
19 it's actually in the right-of-way, and I'd just
20 ask the department if they have some idea maybe.
21 MR. KELLY: I'm looking at, I guess, the
22 staff report, sign waiver applications from 2001
23 through 2008, and I believe -- and I don't know
24 when the Ryan Oaks was built, but if it was
25 built before 2001 -- I'm not able to find any
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
46
1 instance where we approved a sign waiver for
2 that development. I can check on legislative
3 bill search and get right back to you.
4 MR. YARBOROUGH: And if it's on the
5 right-of-way, we would have had to have -- it
6 would have had to come through the process at
7 some point --
8 MR. KELLY: That's correct. They would
9 have had to come to council.
10 MR. YARBOROUGH: Okay. Thank you.
11 THE CHAIRMAN: All right. Seeing no
12 further speakers on the amendment, all in favor
13 of the amendment signal by saying aye.
14 COMMITTEE MEMBERS: Aye.
15 THE CHAIRMAN: All opposed.
16 COMMITTEE MEMBERS: (No response.)
17 THE CHAIRMAN: I guess -- let's try that
18 one more time.
19 All in favor of the amendment signal by
20 saying aye.
21 COMMITTEE MEMBERS: Aye.
22 THE CHAIRMAN: All opposed.
23 COMMITTEE MEMBERS: (No response.)
24 THE CHAIRMAN: The amendment carries.
25 MR. YARBOROUGH: Move the amendment to
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
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1 grant.
2 MR. WEBB: Second.
3 THE CHAIRMAN: Motion and a second to
4 2008-263, which, in essence, would grant the
5 waiver.
6 Seeing no discussion, open the ballot,
7 record the -- Councilmember Shad. I'm sorry.
8 MR. SHAD: Through the Chair to the
9 Planning Department, do you concur with the
10 applicant that we have the ability to take the
11 sign down? That waiver gives us --
12 MR. KELLY: Yes. That's true.
13 MR. SHAD: Okay. Great. Thanks.
14 THE CHAIRMAN: Is that without compensation
15 or with compensation?
16 MR. KELLY: It's without because it's a
17 hold harmless. The City is indemnified should
18 they have to come back and remove it.
19 MR. MORA: Okay. There is a bond that
20 the -- the City will make his -- put in, in the
21 case that this happens.
22 THE CHAIRMAN: Okay. Perfect. Thank you.
23 Thank you, Councilman Shad.
24 Open the ballot, record the vote.
25 (Committee ballot opened.)
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
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1 MR. CORRIGAN: (Votes yea.)
2 MR. CLARK: (Votes yea.)
3 MS. JONES: (Votes yea.)
4 MR. SHAD: (Votes yea.)
5 MR. WEBB: (Votes yea.)
6 MR. YARBOROUGH: (Votes yea.)
7 (Committee ballot closed.)
8 MS. LAHMEUR: Six yeas, zero nays.
9 THE CHAIRMAN: By your action, you have
10 approved 2008-263.
11 Item 31, 2008-264. We'll open that public
12 hearing. We have one speaker's card, Bernard
13 Cayer.
14 (Audience member approaches the podium.)
15 THE CHAIRMAN: How did I do?
16 AUDIENCE MEMBER: That's it.
17 My name is Bernard Cayer, 16000
18 Shellcracker Road.
19 Request that we're -- that I'm putting in
20 for is for the reconfiguration of land due to
21 the land's current irregular shape.
22 I am trying to sell that parcel. It has a
23 double-wide on it, and I'm having quite a time
24 because land dips back into -- too close to the
25 mobile home.
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
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1 The acreage will remain almost the same.
2 The shape is -- is what will change by narrowing
3 the road frontage. I don't know if you have the
4 drawing showing the differences in them. No
5 structures are to be added or anything.
6 Everything remains the same, just a
7 reconfiguration of the actual land.
8 THE CHAIRMAN: Okay. Thank you very much.
9 Seeing no further speakers, we will close
10 that public hearing.
11 We'll go to the Planning Department.
12 MR. KELLY: Thank you.
13 Through the Chairman to the LUZ Committee,
14 ordinance 2008-264 seeks a reduction in the
15 required road frontage from 80 feet to 35 feet.
16 The property is located at 16000
17 Shellcracker Road, between Croaker Road and
18 Trouble Lane.
19 Staff has reviewed this application and we
20 find that there is no practical difficulty in
21 carrying out the strict regulation.
22 The applicant constitutes -- or this
23 application constitutes a self-imposed hardship
24 given that the applicant subdivided the
25 property -- or split the property in such a way
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
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1 that necessitated the need for the waiver.
2 We find that this would substantially alter
3 the established development pattern along that
4 roadway section of Shellcracker Road.
5 Based primarily on those two criteria, we
6 are recommending denial.
7 THE CHAIRMAN: Thank you.
8 Do I have a motion to either grant or deny
9 the waiver?
10 MR. SHAD: (Inaudible.)
11 THE CHAIRMAN: Excuse me?
12 MR. SHAD: (Inaudible.)
13 THE CHAIRMAN: Look at the map?
14 MR. SHAD: (Inaudible.)
15 THE CHAIRMAN: Councilmember Shad.
16 MR. SHAD: Thank you.
17 Through the Chair to the Planning
18 Department. I'm looking at -- a few pages in,
19 and it's -- it's Shellcracker Road, the one that
20 the frontage is on?
21 MR. KELLY: That's correct.
22 MR. SHAD: So I'm looking, and I see two
23 lots there. There's -- it's the one to the
24 right?
25 MR. KELLY: There's two site plans that you
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
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1 see. There's an existing condition sheet, and
2 then on the back of that sheet is the proposed.
3 So that -- the applicant has the required
4 requisite road frontage for two dwelling units,
5 but it's just the way that he's proposing to
6 partition the lot and create a flag lot that
7 would -- that's what we're opposed to.
8 MR. SHAD: Okay. Sir, what -- why are you
9 doing this again? What's going on?
10 MR. CAYER: I'm attempting -- I built a new
11 home on the lot neighboring it. I divided it
12 up, built a new home on it, and I'm trying to
13 sell the parcel that's in question here at 16000
14 Shellcracker Road.
15 And because of the irregular shape of that
16 parcel, most of the potential buyers seem to
17 object to the shape of the land being so close
18 to the mobile home. So I'm attempting to
19 redivide it, leaving the land the same size, but
20 the shape differently. And in order to do so, I
21 need that road front variance.
22 MR. SHAD: Right.
23 So when it -- Planning Department, I'm
24 looking on the front page. There's actually a
25 house built on that bottom lot?
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1 MR. KELLY: I guess the northerly portion
2 of that lot, the existing mobile home has
3 80 feet of road frontage, which meets the
4 requisite road frontage.
5 MR. SHAD: I see that.
6 MR. KELLY: And so by creating the second
7 lot, he wants to build a new house on that lot
8 and then diminish the road frontage on the
9 mobile home lot from 80 to 35 feet.
10 MR. SHAD: Again, I guess the gentleman was
11 saying there's already a house built on that?
12 MR. KELLY: Correct.
13 MR. CAYER: The new home is already built
14 on the other lot.
15 MR. SHAD: So it's built on it and
16 everything is legal and fine, but it's just the
17 market, your potential buyers want to have
18 more --
19 MR. CAYER: Correct. They don't like the
20 irregularity of the lot.
21 Also, I've had it reviewed by CPAC. It was
22 overwhelmingly supported. I spoke to Councilman
23 Holt. He said that he saw no problem with it
24 going through. I'm sorry he's not here this
25 evening.
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1 THE CHAIRMAN: Councilmember Shad, if you
2 don't get your questions answered, I'm happy to
3 defer it, wait for --
4 MR. SHAD: No. I just don't know how I'm
5 going to vote on it. I don't know if y'all know
6 how you're going to vote. That's fine. It's a
7 tough one.
8 So I don't know. It's -- I could argue
9 both sides of this. It is a -- you know, a
10 legally conforming lot that we're going to --
11 because of -- because an applicant is having
12 trouble selling it, do we use that as
13 justification to do the waiver?
14 And I don't recall that having come in
15 front of us before. I don't know. I just want
16 to chew on it for a bit.
17 But I don't know. It's a tough one, so
18 I'll yield.
19 THE CHAIRMAN: Councilmember Jones and then
20 Councilmember Webb.
21 MS. JONES: Sir, is this time sensitive
22 such that we couldn't wait for two weeks in
23 order to allow the committee a little bit longer
24 to look at it and to also hear from Councilman
25 Holt?
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1 MR. CAYER: That's --
2 MS. JONES: Would that be okay?
3 MR. CAYER: Yes.
4 MS. JONES: Okay.
5 THE CHAIRMAN: Okay. We are going to take
6 no action on this tonight. We'll keep the
7 public hearing open so you'd have an opportunity
8 to speak next time and see if Councilmember Holt
9 can come and give us his input on it. So I
10 appreciate it.
11 Thanks, committee members.
12 MR. CAYER: Thank you. Have a good
13 evening.
14 THE CHAIRMAN: Thank you. Appreciate it.
15 We are on item 32, 2008-265, which begins a
16 series of companion land use and zonings.
17 Items 32 and 33 are companion. We'll open
18 both of them up on public hearings on 2008-265
19 and -266.
20 Seeing no speakers, we'll close those
21 public hearings.
22 We're now back on 2008-265, the land use
23 amendment.
24 MR. WEBB: Move the amendment.
25 MR. YARBOROUGH: Second.
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1 THE CHAIRMAN: A motion and a second on the
2 land use amendment to -265.
3 Seeing no discussion, all in favor signal
4 by saying aye.
5 COMMITTEE MEMBERS: Aye.
6 THE CHAIRMAN: I'm sorry. We've got to
7 open the ballot, record the vote. That would be
8 helpful, wouldn't it?
9 MR. YARBOROUGH: (Inaudible.)
10 THE CHAIRMAN: No. There really was no
11 amendment. It's a land use amendment, but --
12 MR. YARBOROUGH: (Inaudible.)
13 THE CHAIRMAN: It's actually -- to get in
14 the proper posture, it's a small scale amendment
15 to the FLUM series.
16 So we'll open the ballot and record the
17 vote.
18 (Committee ballot opened.)
19 MR. CORRIGAN: (Votes yea.)
20 MR. CLARK: (Votes yea.)
21 MS. JONES: (Votes yea.)
22 MR. SHAD: (Votes yea.)
23 MR. WEBB: (Votes yea.)
24 MR. YARBOROUGH: (Votes yea.)
25 (Committee ballot closed.)
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1 MS. LAHMEUR: Six yeas, zero nays.
2 THE CHAIRMAN: By your action, you have
3 approved 2008-265.
4 2008-266. We have an amendment.
5 MR. WEBB: On -266?
6 THE CHAIRMAN: Yes.
7 MR. WEBB: Move the amendment.
8 MR. SHAD: Second.
9 THE CHAIRMAN: Motion and a second on the
10 amendment to -266.
11 All in favor signal by saying aye.
12 COMMITTEE MEMBERS: Aye.
13 THE CHAIRMAN: All opposed.
14 COMMITTEE MEMBERS: (No response.)
15 THE CHAIRMAN: The amendment carries.
16 MR. YARBOROUGH: Move the bill as amended.
17 MR. WEBB: Second.
18 THE CHAIRMAN: Motion and a second on
19 2008-266 as amended.
20 Open the ballot, record the vote.
21 (Committee ballot opened.)
22 MR. CORRIGAN: (Votes yea.)
23 MR. CLARK: (Votes yea.)
24 MS. JONES: (Votes yea.)
25 MR. SHAD: (Votes yea.)
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1 MR. WEBB: (Votes yea.)
2 MR. YARBOROUGH: (Votes yea.)
3 (Committee ballot closed.)
4 MS. LAHMEUR: Six yeas, zero nays.
5 THE CHAIRMAN: By your action, you have
6 approved 2008-266.
7 2008- --
8 MR. KELLY: To the Chair, just to clarify
9 for the record that Mr. King was at the Planning
10 Commission in regards to that legislation and he
11 was supportive of all the conditions and there's
12 been no changes.
13 THE CHAIRMAN: Thank you. I forgot to ask
14 you. I appreciate that.
15 We are now on items 34 on 35, 2008-267 and
16 -268. We'll open those public hearings. We
17 have one speaker, Mr. Paul Harden.
18 (Mr. Harden approaches the podium.)
19 MR. HARDEN: I have my card here.
20 Paul Harden, 1301 Riverplace Boulevard.
21 As the chairman indicated, this is a
22 semiannual -- excuse me -- a small scale.
23 This is an addition to the Mercedes
24 dealership at Townsend and Blanding. The
25 companion is a separate PUD, but what I'd like
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1 to do, I think, after the discussions at the
2 Planning Commission, is defer the -- move
3 forward with the land use map amendment, defer
4 the PUD for two weeks, readvertise the PUD so
5 that there's one PUD for both this and the whole
6 dealership, and -- so there's not any confusion
7 as to which one is applicable.
8 So if I could ask the chairman to amend
9 this to include the legal description of the
10 original PUD and this piece -- Shannon -- and
11 readvertise it for two weeks hence, and I'll
12 combine the two PUDs and give them to Sean.
13 MS. ELLER: I don't -- I'm sorry. Please
14 say that again.
15 THE CHAIRMAN: Repeat that --
16 MR. KELLY: To renotice and advertise, it's
17 going to --
18 MS. ELLER: I'm answering an e-mail -- I'm
19 sorry --
20 MR. HARDEN: You were e-mailing me?
21 MS. ELLER: No. I was answering an e-mail
22 on a bill that's coming up in a few minutes.
23 MR. HARDEN: This -- may I, again,
24 Mr. Chairman?
25 MS. ELLER: I apologize.
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1 MR. HARDEN: That's all right.
2 Last year we amended the land use to
3 construct the Mercedes dealership at the corner
4 of Townsend and Blanding. This is an additional
5 parcel which adds another .8 acres to it. We
6 had a separate PUD for that and the parent
7 tract, and some questions came up about which
8 one will be applicable at the Planning
9 Commission, and I think the best way to handle
10 that is to combine the two.
11 So I'd like a vote on the land use map
12 amendment and move forward with it, but on the
13 PUD, amend it to add the legal description of
14 the two of them combined and have one PUD for
15 both of them. So I guess you would need to pass
16 the PUD for two cycles, amend it with the legal
17 description for both of them combined, and then
18 we'll have one PUD.
19 MS. ELLER: My suggestion, then -- and I
20 apologize. I'm working on two things at once.
21 My suggestion would be tonight to consider
22 the land use map change. And then on 2008-268,
23 go ahead and amend and rerefer. And when you
24 amend it, we'll amend it to add the acreage, and
25 then rerefer it back to LUZ.
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1 And then when it comes back to LUZ, it will
2 be the proper acreage, and then Mr. Harden can
3 submit a revised written description, revised
4 site plan to reflect that, and we can go ahead
5 and get it readvertised and renoticed.
6 MR. HARDEN: Right. That's what I thought
7 I said.
8 THE CHAIRMAN: Okay. Let's start with the
9 land use amendment.
10 There's no further discussion with
11 Mr. Harden. We'll close the public hearing on
12 -267 and -268.
13 We're now on 2008-267.
14 MR. YARBOROUGH: Move -267.
15 MR. SHAD: Second.
16 THE CHAIRMAN: Motion and a second on -267.
17 Open the ballot, record the vote.
18 (Committee ballot opened.)
19 MR. CORRIGAN: (Votes yea.)
20 MR. CLARK: (Votes yea.)
21 MS. JONES: (Votes yea.)
22 MR. SHAD: (Votes yea.)
23 MR. WEBB: (Votes yea.)
24 MR. YARBOROUGH: (Votes yea.)
25 (Committee ballot closed.)
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1 MS. LAHMEUR: Six yeas, zero nays.
2 THE CHAIRMAN: By your action, you have
3 approved 2008-267.
4 We're now on 2008-268.
5 MR. YARBOROUGH: Move the amendment.
6 MR. SHAD: Second.
7 THE CHAIRMAN: Motion and a second on the
8 amendment.
9 Do you want to reexplain the amendment for
10 the record, Ms. Eller?
11 MS. ELLER: And it won't be any of the
12 conditions, correct? It's just going to be
13 amend to change the legal description and
14 rerefer. And you'll do all the conditions on
15 the new PUD?
16 MR. HARDEN: Yeah. I think it would be a
17 sub and rerefer, not an amend and rerefer, but
18 however you want to characterize it is fine.
19 MS. ELLER: All we would have to do would
20 be to amend the bill to --
21 MR. HARDEN: All right. Better.
22 MS. ELLER: -- strike the two --
23 MR. HARDEN: More better.
24 MS. ELLER: -- strike the two places where
25 it indicates the acreage and then just swap out
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1 the map.
2 MR. HARDEN: Perfect.
3 THE CHAIRMAN: Okay?
4 MR. HARDEN: Okay.
5 THE CHAIRMAN: Seeing no discussion on the
6 amendment, all in favor signal by saying aye.
7 COMMITTEE MEMBERS: Aye.
8 THE CHAIRMAN: All opposed.
9 COMMITTEE MEMBERS: (No response.)
10 THE CHAIRMAN: The amendment carries.
11 MR. HARDEN: And can I assume that you'll
12 readvertise it?
13 MS. ELLER: Yes.
14 MR. HARDEN: Okay. Thank you,
15 Mr. Chairman.
16 THE CHAIRMAN: We need to rerefer this back
17 to LUZ, correct?
18 MS. ELLER: (Nods head.)
19 MR. YARBOROUGH: So moved.
20 MS. ELLER: As amended.
21 MR. CLARK: Second.
22 MR. SHAD: Second.
23 THE CHAIRMAN: We have a motion and second
24 to rerefer as amended.
25 Seeing no discussion, open the ballot,
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1 record the vote.
2 (Committee ballot opened.)
3 MR. CORRIGAN: (Votes yea.)
4 MR. CLARK: (Votes yea.)
5 MS. JONES: (Votes yea.)
6 MR. SHAD: (Votes yea.)
7 MR. WEBB: (Votes yea.)
8 MR. YARBOROUGH: (Votes yea.)
9 (Committee ballot closed.)
10 MS. LAHMEUR: Six yeas, zero nays.
11 THE CHAIRMAN: By your action, you have
12 rereferred 2008-268.
13 Thank you.
14 MR. HARDEN: Thank you.
15 THE CHAIRMAN: Item 36 and 37, 2008-269 and
16 2008-270. We'll open both of those. We have
17 one speaker, Mr. Charles Mann.
18 (Mr. Mann approaches the podium.)
19 THE CHAIRMAN: Good evening.
20 MR. MANN: Good evening, sir.
21 Charles Mann, 165 Arlington Road,
22 representing the landowner.
23 Are we hearing both of these at the same
24 time, sir?
25 THE CHAIRMAN: Yes, we can.
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1 MR. MANN: Very good.
2 This is a small scale land use change and a
3 companion rezoning. It's for the northwest
4 quadrant of New Berlin Road and Gillespie Road.
5 The other three corners are zoned
6 commercial general. We're seeking a CGC land
7 use and a PUD on this site. It will give us the
8 flexibility to develop it in the future.
9 We have worked closely with the area
10 councilman, Mr. Holt, and also the Northside
11 CPAC. I know that we have the Northside CPAC's
12 approval. And if we didn't have Mr. Holt's, I
13 assume he would be here tonight.
14 I would ask your support also.
15 Thank you.
16 THE CHAIRMAN: Thank you very much.
17 Seeing no further speakers, we'll close
18 both those public hearings.
19 We're back on 2008-269.
20 MR. YARBOROUGH: So moved.
21 MR. SHAD: Second.
22 THE CHAIRMAN: Motion and a second on -269.
23 Seeing no discussion, open the ballot,
24 record the vote.
25 (Committee ballot opened.)
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1 MR. CORRIGAN: (Votes yea.)
2 MR. CLARK: (Votes yea.)
3 MS. JONES: (Votes yea.)
4 MR. SHAD: (Votes yea.)
5 MR. WEBB: (Votes yea.)
6 MR. YARBOROUGH: (Votes yea.)
7 (Committee ballot closed.)
8 MS. LAHMEUR: Six yeas, zero nays.
9 THE CHAIRMAN: By your action, you just
10 approved 2008-269.
11 Page 12, 2008-270.
12 MR. YARBOROUGH: Move the amendment.
13 THE CHAIRMAN: I have a motion on the
14 amendment and a --
15 MR. WEBB: Second.
16 THE CHAIRMAN: -- second.
17 Seeing no discussion, all in favor of the
18 amendment signal by saying aye.
19 COMMITTEE MEMBERS: Aye.
20 THE CHAIRMAN: All opposed.
21 COMMITTEE MEMBERS: (No response.)
22 THE CHAIRMAN: The amendment carries.
23 MR. YARBOROUGH: Move the bill as amended.
24 MR. SHAD: Second.
25 THE CHAIRMAN: A motion and a second
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
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1 on -270 as amended.
2 Seeing no -- I'm sorry. Let me make sure
3 the amendment is read into the record.
4 Mr. Crofts.
5 MR. CROFTS: Thank you.
6 The amendment is as follows. Conditions
7 number 1 through 6:
8 Condition number 1, "The development shall
9 be subject to the original legal description
10 dated January 31, 2008."
11 Number 2, "The development shall be subject
12 to the revised written description dated May 7,
13 2008."
14 Number 3, "The development shall be subject
15 to the original site plan dated February 4th,
16 2008."
17 Number 4, "The developer shall provide
18 building elevations showing material selections
19 subject to review and approval of the Planning
20 and Development Department in conjunction with
21 the application for PUD verification. Selection
22 of materials shall be consistent with the
23 recommendations of the Oceanway Town Center
24 Initiative Corridor Study."
25 Number 5, "Site identification signage
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1 shall be limited to no more than two monument
2 signs on New Berlin Road and one monument sign
3 on Gillespie Avenue. Signage shall not exceed
4 15 feet in height and 150 square feet in area
5 each and shall not be closer than 100 feet to
6 residentially-zoned property."
7 Number 6, "Transportation improvements
8 shall be made in accordance with the Development
9 Services memorandum dated April 4th, 2008, or as
10 otherwise approved by the Planning and
11 Development Department."
12 That concludes the amendment.
13 MR. MANN: Yes, sir, we do.
14 THE CHAIRMAN: I'm glad we found that out
15 after we already passed the amendment.
16 Thank you. Appreciate that.
17 We're now on the bill as amended.
18 MR. YARBOROUGH: Move the bill.
19 MR. CLARK: Second.
20 THE CHAIRMAN: We have a motion and a
21 second.
22 Open the ballot, record the vote.
23 (Committee ballot opened.)
24 MR. CORRIGAN: (Votes yea.)
25 MR. CLARK: (Votes yea.)
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1 MS. JONES: (Votes yea.)
2 MR. SHAD: (Votes yea.)
3 MR. WEBB: (Votes yea.)
4 MR. YARBOROUGH: (Votes yea.)
5 (Committee ballot closed.)
6 MS. LAHMEUR: Six yeas, zero nays.
7 MR. MANN: Thank you all very much.
8 THE CHAIRMAN: By your action, you have
9 approved 2008-270.
10 Thank you, Mr. Mann.
11 Items 38 and 39 are companion bills,
12 2008-271 and -272. We'll open both of those
13 public hearings. We have two speakers, Dan
14 Boswell and -- oh, Dan is on both of them.
15 Mr. Boswell, come on up.
16 (Mr. Boswell approaches the podium.)
17 THE CHAIRMAN: You can speak on both of
18 them at one time if you would like.
19 MR. BOSWELL: Okay.
20 My name is Dan Boswell, 4014 Ranie Road,
21 representing the owners of the property.
22 Wishing to go from a WD/WR to LDR land use
23 and to residential on the property. This
24 property is currently zoned IL, but it's -- you
25 know, these are all residential homes on this
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1 strip of property between two choke points of
2 bridge on each end. It is too shallow to do
3 anything with industrial and really is best
4 represented as a residential usage.
5 THE CHAIRMAN: Thank you very much.
6 Seeing no further speakers, we will close
7 the public hearing on -271 and -272.
8 We're back on -271.
9 MR. CLARK: Move the bill.
10 THE CHAIRMAN: We have a motion. Do we
11 have a second on the bill?
12 MR. SHAD: Second.
13 THE CHAIRMAN: Motion and a second on
14 2008-271.
15 Seeing no discussion, open the ballot,
16 record the vote.
17 (Committee ballot opened.)
18 MR. CORRIGAN: (Votes yea.)
19 MR. CLARK: (Votes yea.)
20 MS. JONES: (Votes yea.)
21 MR. SHAD: (Votes yea.)
22 MR. WEBB: (Votes yea.)
23 MR. YARBOROUGH: (Votes yea.)
24 (Committee ballot closed.)
25 MS. LAHMEUR: Six yeas, zero nays.
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1 THE CHAIRMAN: By your action, you have
2 approved -271.
3 2008-272.
4 MR. YARBOROUGH: Move it.
5 THE CHAIRMAN: I have a motion and a --
6 MR. WEBB: Second.
7 THE CHAIRMAN: -- second on -272.
8 There's no amendment on that, correct,
9 Mr. Crofts?
10 MR. CROFTS: Yes.
11 THE CHAIRMAN: That is correct.
12 So let's open the ballot, record the vote.
13 (Committee ballot opened.)
14 MR. CORRIGAN: (Votes yea.)
15 MR. CLARK: (Votes yea.)
16 MS. JONES: (Votes yea.)
17 MR. SHAD: (Votes yea.)
18 MR. WEBB: (Votes yea.)
19 MR. YARBOROUGH: (Votes yea.)
20 (Committee ballot closed.)
21 MS. LAHMEUR: Six yeas, zero nays.
22 THE CHAIRMAN: By your action, you have
23 approved 2008-272.
24 Thank you, Mr. Boswell. Good to see you.
25 MR. BOSWELL: Thank you very much. Nice
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
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1 seeing all of you.
2 THE CHAIRMAN: Item 40 and 41 in your
3 agenda, 2008-273 and -274, we'll open both those
4 public hearings. We have one card, John
5 Simpson.
6 AUDIENCE MEMBERS: (No response.)
7 THE CHAIRMAN: Mr. Simpson I do not see in
8 the audience.
9 We have -- we're still waiting for the
10 advertisement to be paid; is that correct?
11 MS. LAHMEUR: Yes.
12 THE CHAIRMAN: Okay. So we're going to
13 continue the public hearing on -273 and we'll
14 continue the public hearing on -274 with no
15 further action on either one of them.
16 Item 42 and 43, 2008-275 and -276. We'll
17 open those public hearings. We'll call on a
18 Mr. Charles Mann.
19 (Mr. Mann approaches the podium.)
20 MR. MANN: Charles Mann, 165 Arlington
21 Road, representing the landowner.
22 This site is, again, a small scale land use
23 change and a companion PUD. It's the expansion
24 of an existing former small scale land use
25 change and PUD that took place on the corner
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1 of -- the southwest corner of Woodland and Duval
2 Road.
3 We've got the Northside CPAC's support. My
4 client own contiguous land that is not being
5 zoned that is being used as a buffer, and we
6 would ask that you support it also.
7 Thank you.
8 THE CHAIRMAN: Thank you.
9 Seeing no further speakers, those public
10 hearings are closed.
11 MR. WEBB: Move the bill.
12 MR. SHAD: Second.
13 THE CHAIRMAN: Motion and a second on -275.
14 Seeing no discussion, open the ballot,
15 record the vote.
16 (Committee ballot opened.)
17 MR. CORRIGAN: (Votes yea.)
18 MR. CLARK: (Votes yea.)
19 MS. JONES: (Votes yea.)
20 MR. SHAD: (Votes yea.)
21 MR. WEBB: (Votes yea.)
22 MR. YARBOROUGH: (Votes yea.)
23 (Committee ballot closed.)
24 MS. LAHMEUR: Six yeas, zero nays.
25 THE CHAIRMAN: By your action, you have
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1 approved -275.
2 -276. We have an amendment.
3 MR. CLARK: Move the amendment.
4 MR. WEBB: Second.
5 THE CHAIRMAN: I have a motion and a second
6 on the amendment.
7 Can I have the amendment read, please?
8 MR. CROFTS: The amendment is as follows:
9 Condition number 1, "The development shall
10 be subject to the original legal description
11 dated June 11th, 2007.
12 Number 2, "The development shall be subject
13 to the original written description dated August
14 21st, 2007."
15 Number 3, "The development shall be subject
16 to the original site plan dated June 11th,
17 2007."
18 Number 4, "The development shall be subject
19 to the review and approval of the Development
20 Services Division, pursuant to their memorandum
21 dated April 16th, 2008, or as otherwise approved
22 by the FDOT and the Planning and Development
23 Department."
24 Condition number 5, "At verification of
25 substantial compliance, the applicant must
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1 submit a site plan that shows the preservation
2 of all trees six-inch dbh or greater for the
3 first 20 feet outside the right-of-way along
4 Duval Road and Woodland Drive except where to
5 provide access."
6 Number 6, "There shall be a 20-foot
7 uncomplementary land use buffer installed and
8 maintained along the south property line where
9 adjacent to a residential district."
10 Number 7 and finally, "There shall be one
11 double-sided, internally or externally lit
12 monument sign not to exceed 25 feet in height
13 and a maximum signage area of 120 square feet on
14 parcel A.
15 "There shall be two 25-foot-high internally
16 or externally lit monument signs not to exceed
17 100 square feet on parcel B.
18 "All signs must be at least 100 feet from
19 residential property lines and 100 feet from any
20 other signs."
21 Thank you.
22 THE CHAIRMAN: Mr. Mann, do you agree?
23 MR. MANN: Yes, sir, we do.
24 THE CHAIRMAN: Thank you very much.
25 All in favor of the amendment signal by
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1 saying aye.
2 COMMITTEE MEMBERS: Aye.
3 THE CHAIRMAN: All opposed.
4 COMMITTEE MEMBERS: (No response.)
5 THE CHAIRMAN: The amendment carries.
6 MR. WEBB: Move the bill as amended.
7 MR. YARBOROUGH: Second.
8 THE CHAIRMAN: Motion and a second on
9 2008-276 as amended.
10 Open the ballot, record the vote.
11 (Committee ballot opened.)
12 MR. CORRIGAN: (Votes yea.)
13 MR. CLARK: (Votes yea.)
14 MS. JONES: (Votes yea.)
15 MR. SHAD: (Votes yea.)
16 MR. WEBB: (Votes yea.)
17 MR. YARBOROUGH: (Votes yea.)
18 (Committee ballot closed.)
19 MS. LAHMEUR: Six yeas, zero nays.
20 THE CHAIRMAN: By your action, you have
21 approved 2008-276.
22 Thank you, Mr. Mann.
23 2008-277 and -278 are companions. We'll
24 open both those public hearings.
25 Lo and behold, we have a Mr. Charles Mann
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1 here.
2 MR. MANN: Charles Mann, 165 Arlington
3 Road, representing the landowner.
4 Again, this is a small scale land use
5 change and a companion zoning. It's located on
6 the west side of San Jose Boulevard, between
7 San Jose Boulevard and Mandarin Road, to the
8 south of Westberry Road.
9 On San Jose Boulevard, you have a much
10 heavier, more intense automotive type uses, such
11 as automobile repair, vehicle body work,
12 et cetera. On Mandarin Road, you have more
13 office work, professional-office-type space.
14 This is a transitional zoning between the two.
15 We would ask that you support it, the
16 Planning Department has.
17 Thank you very much.
18 THE CHAIRMAN: Thank you, Mr. Mann.
19 We'll close the public hearing on -277
20 and -278.
21 MR. WEBB: Move the bill.
22 MR. CLARK: Second.
23 THE CHAIRMAN: We have a motion and a
24 second on -277.
25 Open the ballot and record the vote.
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1 (Committee ballot opened.)
2 MR. CORRIGAN: (Votes yea.)
3 MS. JONES: (Votes yea.)
4 MR. SHAD: (Votes yea.)
5 MR. WEBB: (Votes yea.)
6 MR. YARBOROUGH: (Votes yea.)
7 (Committee ballot closed.)
8 MS. LAHMEUR: Five yeas, zero nays.
9 THE CHAIRMAN: You just approved 2008-277.
10 On -278 --
11 MR. YARBOROUGH: Move the amendment.
12 MR. WEBB: Second.
13 THE CHAIRMAN: We have a motion and a
14 second on the amendment to -278.
15 Let's go to John Crofts in the Planning
16 Department.
17 Mr. Crofts.
18 MR. CROFTS: Thank you, Mr. Chairman.
19 Condition number 1, "The development shall
20 be subject to the original legal description
21 dated March 20th, 2008."
22 Number 2, "The development shall be subject
23 to the original written description dated
24 August 15th, 2007."
25 Number 3, "The development shall be subject
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1 to the original site plan dated August 15th,
2 2007."
3 Number 4, "The development shall be subject
4 to the Development Services memorandum dated
5 April 7th, 2008, or as otherwise approved by the
6 Planning and Development Department."
7 Number 5, "Any cross-access,
8 interconnectivity with the property to the west
9 shall be by written agreement/permission from
10 the property owner provided at the time of
11 verification of substantial compliance with the
12 PUD."
13 Number 6 and finally, "Signage for the PUD
14 shall be limited to the following: Wall signage
15 shall be permitted pursuant to 656.1303(J),
16 Subset 3 of the zoning code. One directional
17 sign shall be allowed and not to exceed 5 feet
18 in height and 15 square feet in area."
19 That's it.
20 THE CHAIRMAN: Mr. Mann, do you agree with
21 that?
22 MR. MANN: Yes, sir, we do.
23 THE CHAIRMAN: All right. Thank you.
24 Seeing no discussion on the bill, let's
25 open the ballot, record the vote.
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1 MS. LAHMEUR: (Inaudible.)
2 MR. WEBB: (Inaudible.)
3 THE CHAIRMAN: No, we didn't. I'm sorry.
4 That's why everybody is staring at me right
5 now.
6 All in favor of that amendment signal by
7 saying aye.
8 COMMITTEE MEMBERS: Aye.
9 THE CHAIRMAN: All opposed.
10 COMMITTEE MEMBERS: (No response.)
11 THE CHAIRMAN: We're --
12 MR. WEBB: Move the bill as amended.
13 MR. YARBOROUGH: Second.
14 THE CHAIRMAN: I appreciate the joint
15 effort there.
16 We have a motion and a second on 2008-278
17 as amended.
18 Still seeing no discussion, let's open the
19 ballot, record the vote.
20 (Committee ballot opened.)
21 MR. CORRIGAN: (Votes yea.)
22 MR. CLARK: (Votes yea.)
23 MS. JONES: (Votes yea.)
24 MR. SHAD: (Votes yea.)
25 MR. WEBB: (Votes yea.)
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1 MR. YARBOROUGH: (Votes yea.)
2 (Committee ballot closed.)
3 MS. LAHMEUR: Six yeas, zero nays.
4 THE CHAIRMAN: By your action, you just
5 approved 2008-278 with my coaching.
6 MR. MANN: Thank you all very much.
7 THE CHAIRMAN: Thank you.
8 Items 46 and 47, 2008-279 and -280, we'll
9 open both of those public hearings. We have one
10 speaker, Tiny Thomas.
11 Come on up, Ms. Thomas.
12 (Audience member approaches the podium.)
13 THE CHAIRMAN: Give us your name and
14 address for the record, please.
15 Just pull that microphone right down there
16 in front of you, if you would.
17 AUDIENCE MEMBER: (Complies.)
18 THE CHAIRMAN: Thank you.
19 AUDIENCE MEMBER: My name is Tiny R.
20 Thomas, 7008 Rhode Island Drive East,
21 Jacksonville, Florida.
22 And I'm here to find out what parcel of
23 land that the -- Mr. Martin, where is his parcel
24 of land? Because it doesn't seem to be near my
25 land. And I want to know how his -- if I --
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1 whatever he's doing, is it going to enhance my
2 property?
3 I want to ask him that question, but is he
4 here to speak and let me know? He has a number
5 here that I can call. Is it permissible for me
6 to call him at home?
7 THE CHAIRMAN: Okay. Let me get
8 Councilwoman Jones to address that question for
9 you.
10 MS. JONES: Mr. Martin is here.
11 And your property is what address?
12 MS. THOMAS: It's 1132 -- I'm sorry --
13 11- -- it's east on Harrison Street.
14 MS. JONES: On Harrison?
15 MS. THOMAS: 11- -- I think it's 1132.
16 It's been vacant so long. It's in the
17 1100 block.
18 MS. JONES: Mr. Chairman --
19 MS. THOMAS: Between 1st and 3rd.
20 MS. JONES: Between 1st and 3rd?
21 MS. THOMAS: Uh-huh.
22 MS. JONES: Mr. Chairman, if I could --
23 MS. THOMAS: 11- -- yeah, it's 1132 and
24 -34.
25 MS. JONES: Okay. If I could --
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1 MS. THOMAS: But it's -- it's vacant now.
2 MS. JONES: It's vacant?
3 If I could ask that Mr. Martin could come
4 up, and he may be able to answer your question.
5 MS. THOMAS: I would like very much to
6 know.
7 THE CHAIRMAN: Okay.
8 (Audience member approaches the podium.)
9 MS. THOMAS: Oh, my goodness. I was
10 sitting next to you.
11 AUDIENCE MEMBER: Thank you.
12 My name is Andre Martin. Address is 5164-B
13 Norwood Avenue.
14 Our site is located at -- on 1st Street.
15 It's between Van Buren -- Van Buren bounds on
16 the east side, and Florida Avenue is on the west
17 side. And it's right -- it's directly in front
18 of the Don Brewer Early Learning Center -- or
19 the kid campus, but it's exactly in front of
20 it. And that site has been vacant for 51 years
21 with no activity, and basically that's what it
22 is.
23 And what we're proposing to do is to build,
24 construct 24 luxury apartment units, which will
25 be gated. And we've checked all the different
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1 areas around town to make sure that it falls in
2 that category of luxury. So that -- that's our
3 proposal.
4 But right now what we've requested to do is
5 to defer it for a cycle because what we found
6 out is that some facts did not get through to
7 various sections of the Planning Department, so
8 we want to make sure that everyone is on one
9 accord. So we're actually really asking for it
10 to be deferred until one cycle.
11 THE CHAIRMAN: Okay. That -- to both the
12 speakers, we are going to take no further action
13 on this bill tonight, so it will be deferred for
14 a cycle.
15 And, Ms. Thomas, if you can get with him
16 and make sure he understands the relation of
17 your property, I think it will work out fine.
18 MS. THOMAS: Well, so far, what I read on
19 here, what he's trying to do, it -- I agree.
20 You know, it doesn't bother me at all.
21 My land is vacant. I haven't done anything
22 with it. Maybe when he does what he's going to
23 do with his, that will give me an idea.
24 THE CHAIRMAN: You or somebody else may be
25 ready to do something with your land at that
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1 point.
2 MS. THOMAS: That's right.
3 THE CHAIRMAN: All right. Well, I
4 appreciate it.
5 And, sir, if you could fill me out a blue
6 card real quick and turn it in, I would
7 appreciate it.
8 Thank you.
9 MS. THOMAS: And I appreciate him being
10 here.
11 THE CHAIRMAN: Thank you, Ms. Thomas.
12 MS. THOMAS: Thank you all.
13 MS. JONES: Thank you, Mr. Chairman.
14 THE CHAIRMAN: Thank you, Councilwoman
15 Jones.
16 We're going to continue both of those
17 public hearings with no further action.
18 Item 48, 2008- -- items 48 and 49, 2008-281
19 and -282, we'll open both those public
20 hearings.
21 Seeing no speakers, we'll continue those
22 public hearings with no further action tonight.
23 Items 50 and 51, 2008-313 and -314, will be
24 deferred.
25 Bottom of page 15, 2008-315. We'll open
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1 that public hearing.
2 Seeing no speakers, we'll close that public
3 hearing.
4 MR. YARBOROUGH: Move the bill.
5 THE CHAIRMAN: I have a motion and a --
6 MR. WEBB: Second.
7 THE CHAIRMAN: Motion and a second on
8 -315.
9 Seeing no discussion on -315, open the
10 ballot, record the vote.
11 (Committee ballot opened.)
12 MR. CORRIGAN: (Votes yea.)
13 MR. CLARK: (Votes yea.)
14 MR. SHAD: (Votes yea.)
15 MR. WEBB: (Votes yea.)
16 MR. YARBOROUGH: (Votes yea.)
17 (Committee ballot closed.)
18 MS. LAHMEUR: Five yeas, zero nays.
19 THE CHAIRMAN: By your action, you have
20 approved 2008-315.
21 Committee members, we're on the top of
22 page 16, 2008-343. We'll open that public
23 hearing.
24 Seeing no speakers, we'll close that public
25 hearing.
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1 MR. YARBOROUGH: Move the Finance sub.
2 MR. WEBB: Second.
3 THE CHAIRMAN: We have a motion and a
4 second on the Finance substitute to -343.
5 Seeing no discussion on the substitute, all
6 in favor signal by saying aye.
7 COMMITTEE MEMBERS: Aye.
8 THE CHAIRMAN: All opposed.
9 COMMITTEE MEMBERS: (No response.)
10 THE CHAIRMAN: The sub carries.
11 MR. YARBOROUGH: Move the bill substituted.
12 MR. CLARK: Second.
13 THE CHAIRMAN: Motion and a second on
14 2008-343 as substituted.
15 Seeing no committee members wishing to
16 speak, open the ballot, record the vote.
17 (Committee ballot opened.)
18 MR. CORRIGAN: (Votes yea.)
19 MR. CLARK: (Votes yea.)
20 MR. SHAD: (Votes yea.)
21 MR. WEBB: (Votes yea.)
22 MR. YARBOROUGH: (Votes yea.)
23 (Committee ballot closed.)
24 MS. LAHMEUR: Five yeas, zero nays.
25 THE CHAIRMAN: By your action, you have
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1 approved 2008-343.
2 The following items will be second and
3 rereferred --
4 MS. ELLER: (Indicating.)
5 THE CHAIRMAN: I'm sorry. Ms. Eller.
6 MS. ELLER: Thank you.
7 On the bill that you just passed, that was
8 the bill that I received an e-mail inquiry on
9 during the meeting.
10 I just wanted to make you aware that the
11 bill itself incorporated recommendations from
12 the council auditor's office, and there was a
13 question about the way I wrote it. Some folks
14 thought it was kind of confusing.
15 The folks that thought it was confusing
16 agree with the substance of what the council
17 auditors wanted to put in there, but they think
18 where I put the comma and how I wrote it might
19 be a little confusing.
20 So we're going to get with the council
21 president upon his return. And if he thinks
22 that it should be clarified, written a little
23 bit better, we'll ask him to offer a floor
24 amendment on Tuesday night. But I just wanted
25 to share that with you.
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1 With the vote you just took -- all the
2 committees voted out the same version. So
3 that's helpful that there won't be conflicting
4 committee reports before the City Council, but I
5 just wanted to give you a heads-up that there
6 was a question about how I wrote it, but
7 substantively everybody was on the same page.
8 THE CHAIRMAN: And if you do make an
9 amendment, if you can get it to me ahead of
10 time, I'd appreciate it, for Tuesday night.
11 MS. ELLER: Of course.
12 THE CHAIRMAN: Okay. I appreciate it.
13 The following items will be second and
14 rereferred, starting with item 54, 2008-361,
15 -362, -363, -364, -365, -366, -378, -379, -422,
16 -424, -425, -426, and -427.
17 That is the end of our agenda.
18 I see no issues with my fellow colleagues
19 or the public at large. Based on that --
20 MR. SHAD: You've got issues.
21 THE CHAIRMAN: We all have issues, sir.
22 So, based on that, we'll still adjourn.
23 (The above proceedings were adjourned at
24 6:19 p.m.)
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3 STATE OF FLORIDA:
4 COUNTY OF DUVAL :
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6 I, Diane M. Tropia, certify that I was
7 authorized to and did stenographically report the
8 foregoing proceedings and that the transcript is a
9 true and complete record of my stenographic notes.
10 Dated this 25th day of May, 2008.
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