1 CITY OF
2 LAND USE AND ZONING
3 COMMITTEE
4
5
6 Proceedings held on Tuesday, March 18,
7 2008, commencing at 5:00 p.m., City Hall, Council
8 Chambers, 1st Floor,
9 Diane M. Tropia, a Notary Public in and for the State
10 of
11
12 PRESENT:
13 MICHAEL CORRIGAN, Chair.
CLAY YARBOROUGH, Vice Chair.
14 RICHARD CLARK, Committee Member.
MIA JONES, Committee Member.
15 E. DENISE LEE, Committee Member.
ART SHAD, Committee Member.
16
17 ALSO PRESENT:
18 JOHN CROFTS, Deputy Director, Planning Dept.
SEAN KELLY, Planning and Development Dept.
19 FOLKS HUXFORD, Planning and Development Dept.
20 JESSICA STEPHENS, Legislative Assistant.
MERRIANE LAHMEUR, Legislative Assistant.
21
- - -
22
23
24
25
Diane M.
Tropia,
2
1 P R O C E E D I N G S
2 March 18, 2008 5:00 p.m.
3 - - -
4 THE CHAIRMAN: Good evening.
5 I hereby call to order the Tuesday,
6 March 18, 2008, meeting of the Land Use and
7 Zoning Committee.
8 I am your Land Use and Zoning Chair,
9 Michael Corrigan. We also have our cochair
10 Councilman Clay Yarborough, Councilman Richard
11 Clark, Councilwoman Mia Jones, and Councilmember
12 Art Shad.
13 We have a fairly light agenda today. We'll
14 begin at the beginning and go straight through
15 it.
16 As I mentioned earlier, if you'd like to
17 speak, please make sure you have a blue
18 speaker's card turned in, and we'll take you up
19 as your item comes up on our agenda.
20 Committee members, we'll begin on page 2,
21 item number 1, 2005-718. We'll open that public
22 hearing.
23 Seeing no speakers, we'll continue that
24 public hearing with no further action.
25 The following bills will be deferred:
Diane M.
Tropia,
3
1 Item 2, 2005-1228; item 3, 2006-24, 2006-220,
2 2006-360, -520, and -658 are all deferred.
3 On page 4 of your agenda, all the items are
4 deferred: 2007-144, -145, and -384.
5 Page 5, item 11, 2007-581, is deferred.
6 Item 12, 2007-659. We'll open that public
7 hearing.
8 Seeing no speakers, we'll continue that
9 public hearing.
10 Item 13, 2007-803, is deferred.
11 Page 6, item 14, 2007-1011, is deferred.
12 Item 15, 2007-1046. We'll open that public
13 hearing.
14 Seeing no speakers, we'll continue that
15 public hearing with no further action.
16 Item 16, 2007-1051 is deferred. Excuse
17 me. Deferred, not open.
18 Item number 17, 2007-1061. We'll open that
19 public hearing.
20 We have one speaker, Wayne Pope. Is
21 Mr. Pope here?
22 AUDIENCE MEMBER: (Indicating.)
23 THE CHAIRMAN: Come on down.
24 (Audience member approaches the podium.)
25 THE CHAIRMAN: Give your name and address
Diane M.
Tropia,
4
1 for the record, and you have three minutes to
2 speak on this bill.
3 AUDIENCE MEMBER: Wayne Pope, 13400 Sutton
5 THE CHAIRMAN: Okay.
6 MR. POPE: I'm just here to answer any
7 questions that the panel may have.
8 THE CHAIRMAN: Okay. Thank you.
9 If you'll stick around right there, we'll
10 see if we have any questions for you.
11 Seeing no other speakers, we'll close that
12 public hearing.
13 MR. CLARK: Move the amendment.
14 MR. SHAD: Second.
15 THE CHAIRMAN: I have a motion and a second
16 on the amendment to -1061.
17 We'll go to the Planning Department for an
18 explanation of the amendment.
19 MR. CROFTS: The amendment is as follows,
20 Mr. Chairman and committee members:
21 Condition number 1, "The development shall
22 be subject to the original legal description
23 dated January 9, 2008."
24 Condition number 2, "The development shall
25 be subject to the original written description
Diane M.
Tropia,
5
1 dated January 9, 2008."
2 Number 3, "The development shall be subject
3 to the original site plan dated January 9,
4 2008."
5 Number 4 and finally, "The development
6 shall be subject to the review and approval of
7 the Development Services Division pursuant to
8 their memorandum dated February 1, 2008, and the
9 Transportation Planning Division memorandum
10 dated February 19, 2008, or as otherwise
11 approved by the Planning and Development
12 Department."
13 Thank you.
14 THE CHAIRMAN: Mr. Pope, are you aware of
15 those amendments and approve them?
16 MR. POPE: Yes, I am.
17 THE CHAIRMAN: Okay. Thank you.
18 Seeing no questions on the amendment, all
19 in favor of the amendment signal by saying aye.
20 COMMITTEE MEMBERS: Aye.
21 THE CHAIRMAN: All opposed.
22 COMMITTEE MEMBERS: (No response.)
23 THE CHAIRMAN: The amendment carries.
24 MR. SHAD: Move the bill as amended.
25 MS. JONES: Second.
Diane M.
Tropia,
6
1 MR. POPE: Thank you.
2 THE CHAIRMAN: Motion and second on
3 2007-1061 as amended.
4 Seeing no discussion, open the ballot,
5 record the vote.
6 (Committee ballot opened.)
7 MR. CLARK: (Votes yea.)
8 MR. CORRIGAN: (Votes yea.)
9 MS. JONES: (Votes yea.)
10 MR. SHAD: (Votes yea.)
11 MR. YARBOROUGH: (Votes yea.)
12 (Committee ballot closed.)
13 MS. LAHMEUR: Five yeas, zero nays.
14 THE CHAIRMAN: By your action, you've
15 approved 2007-1061.
16 Thank you, Mr. Pope.
17 Committee members, items 18, 19, and 20 --
18 2007-1085, -1086, and -1121 -- are all open.
19 Seeing no cards on those three bills,
20 they'll be continued with no further action.
21 Page 8 of your agenda, 2007-1125. We'll
22 open that public hearing.
23 Seeing no speakers, we'll continue it.
24 Item number 22, 2007-1215. We'll open that
25 public hearing.
Diane M.
Tropia,
7
1 Mr.
2 at this point.
3 (Mr. Hainline approaches the podium.)
4 MR. HAINLINE:
6 Mr. Harden and I are in agreement that it
7 will be heard in two weeks.
8 THE CHAIRMAN: Okay. That's on the
9 record? We got that?
10 Okay. Good.
11 Thank you, Mr. Hainline. We appreciate it.
12 MR. HAINLINE: Thank you.
13 THE CHAIRMAN: Seeing no other speakers, we
14 will continue that public hearing with no
15 further action.
16 Item number 23, 2007-1230.
17 MR. YARBOROUGH: Move to withdraw.
18 THE CHAIRMAN: We have a question from
19 Councilmember Shad.
20 MS. JONES: Second.
21 MR. SHAD: I was actually going to move to
22 withdraw with return of --
23 THE CHAIRMAN: We have a motion and second
24 to withdraw.
25 Go ahead, Councilman Shad.
Diane M. Tropia,
8
1 MR. SHAD: I was going to note -- mention
2 to the Planning Department, I was speaking to
3 the agent on this on another matter, and he knew
4 I was coming up here and he asked me to explain
5 the situation and to ask for a return of fees.
6 Not actually a return of fees. He's refiling
7 this at the request of the district
8 councilperson, and have those fees carried
9 forward to the next application. So I told him
10 I would bring that up at the committee.
11 And I didn't know if the Planning
12 Department had any input. And Mr. Bishop is not
13 here, so maybe he could address it on Tuesday.
14 But I was hoping Mr. Bishop would be here so he
15 could -- I could hear firsthand what him and the
16 applicant had come up with.
17 THE CHAIRMAN: Okay. Thank you, Councilman
18 Shad.
19 I'll tell you that Councilman Bishop was at
20 the agenda meeting today. He did not mention
21 return of fees at the agenda meeting. So he
22 either didn't have an opinion or didn't suggest
23 it, one or the other.
24 MR. SHAD: Okay.
25 THE CHAIRMAN: So probably bringing it up
Diane M.
Tropia,
9
1 Tuesday night would be probably more
2 appropriate. So --
3 MR. SHAD: Okay.
4 THE CHAIRMAN: Councilmember Clark.
5 MR. CLARK: I was just going to say, if --
6 I mean, I don't think that any of us have any
7 problem if he's -- I know if I were asking
8 someone to honor a request to refile it, that I
9 personally wouldn't have any issue with having
10 them carry forward the fees.
11 MR. SHAD: I'll make the amendment to carry
12 the fees forward --
13 THE CHAIRMAN: Wait a minute. We've got a
14 motion. Do we have a second on the motion?
15 MS. ELLER: You can't carry forward. You
16 have to refund.
17 THE CHAIRMAN: Ms. Eller, do you want to
18 explain where we are?
19 MR. SHAD: Yes.
20 There's no authorization in the ordinance
21 code to waive the fee when it's refiled as a new
22 application. So the procedure we have, as
23 cumbersome and as frustrating as it may sound,
24 is to refund the fees on this application, and
25 then they could use them towards the new
Diane M.
Tropia,
10
1 application that they would file in August.
2 THE CHAIRMAN: Okay. I know that we
3 typically don't refund the fees when there's
4 been a Planning Department report filed.
5 Is that correct from the Planning
6 Department or --
7 MR. CROFTS: Through the Chair, typically
8 that's been our policy, but the factor in this
9 equation adds a little bit different intent here
10 with regard to the intent of refiling. So
11 typically when we do a -- the answer to the
12 question is yes, but I think there's some other
13 issues here that may play into your decision
14 with the fact that -- being the commitment to
15 refile later down the road.
16 THE CHAIRMAN: Okay. So I don't think I've
17 got a second on Councilmember Shad's --
18 MR. CLARK: Second.
19 THE CHAIRMAN: A motion and second to
20 return the fees?
21 Is that --
22 MR. SHAD: (Nods head.)
23 THE CHAIRMAN: Okay. And the Planning
24 Department is okay with that?
25 MR. CROFTS: (Nods head.)
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
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1 THE CHAIRMAN: Okay. Seeing -- a motion
2 and second, no discussion, all in favor signal
3 by saying aye.
4 COMMITTEE MEMBERS: Aye.
5 THE CHAIRMAN: All opposed.
6 COMMITTEE MEMBERS: (No response.)
7 THE CHAIRMAN: It passes.
8 Okay. We're back on the withdrawal with
9 refund of fees.
10 Seeing --
11 MS. JONES: Move to withdraw.
12 MR. CLARK: Second.
13 THE CHAIRMAN: A motion and second to
14 withdraw with return of fees.
15 Seeing no discussion, open the ballot and
16 record the vote.
17 (Committee ballot opened.)
18 MR. CLARK: (Votes yea.)
19 MR. CORRIGAN: (Votes yea.)
20 MS. JONES: (Votes yea.)
21 MR. SHAD: (Votes yea.)
22 MR. YARBOROUGH: (Votes nay.)
23 (Committee ballot closed.)
24 MS. LAHMEUR: Four yeas, one nay.
25 THE CHAIRMAN: By your action, you've
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
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1 withdrawn 2007-1230.
2 Item number 24, 2007-1308, is deferred.
3 Top of page 9, item 2007-1310. We'll open
4 that public hearing.
5 We'll close that public hearing, seeing no
6 speakers.
7 Item 26, 2007-1311. We'll open that public
8 hearing.
9 Seeing no speakers, we'll close that public
10 hearing.
11 Item 27, 2007-1312. Open that public
12 hearing.
13 Seeing no speakers, we'll close that public
14 hearing.
15 MR. CLARK: (Inaudible.)
16 THE CHAIRMAN: That's a very good question
17 to the Planning Department.
18 Why are we just opening and closing these
19 and taking no further action?
20 MR. CROFTS: To the Committee and Chairman
21 and Members, these three items are -- the last
22 three items are all located in generally the
23 same area, and it's my understanding that the
24 applicant is expressing wishes to file a PUD.
25 Procedurally, we will go back and
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
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1 readvertise it as a PUD and take care of that
2 issue, but the item -- the PUD has not been
3 formally submitted yet. And just out of
4 expeditiousness, as far as the committee
5 operates, I just went ahead and closed the
6 public hearings for now.
7 THE CHAIRMAN: Thank you. We appreciate
8 it.
9 Item number 28, 2007-1350. We'll open that
10 public hearing.
11 We have no speakers on that public
12 hearing. I will tell you, this appeal is in my
13 district. I did have a meeting with the
14 appellant last week and a conversation with them
15 concerning the status of this. At the end of
16 our meeting, he requested it be deferred until
17 he gave us further notice.
18 He submitted that to me in writing. So
19 we'll just open and continue until he notifies
20 us differently. So that public hearing will be
21 continued with no further action.
22 Page 10, 2008-23. We'll open that public
23 hearing.
24 Seeing no speakers, we'll continue it until
25 May 5th, 2008.
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
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1 MS. JONES: May 6th.
2 THE CHAIRMAN: May 6th. Excuse me.
3 Thank you.
4 Item 30, 2008-25. We'll open that public
5 hearing.
6 We have one speaker, Susan Green.
7 (Ms. Green approaches the podium.)
8 THE CHAIRMAN: Good evening.
9 MS. GREEN: Good evening.
10 Susan Green of Green & Kupperman, 200 First
11 Street, Suite B, Neptune Beach, representing the
12 landowner.
13 And I personally want to thank you for the
14 emergency deferral last time. I was quite ill,
15 so . . .
16 I have quite a presentation because we have
17 a recommendation for denial by the Planning
18 Department, so I have some documents to hand
19 out.
20 If everyone would just take a package, and
21 then I'm going to send one --
22 THE CHAIRMAN: Susan, pull that microphone
23 a little bit closer so we make sure you get on
24 the tape.
25 MS. GREEN: Can you hear me now?
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
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1 THE CHAIRMAN: Yes.
2 MS. GREEN: Okay. I have one set of
3 pictures I just wanted to pass around. I'm
4 going to keep one in my hand, trying to save
5 money on color printing.
6 Okay. This piece of property is -- does
7 the Planning Department want --
8 (Tenders documents.)
9 This piece of property is located on
10 Shindler Drive. It's in Councilmember Holt's
11 district. And just to let you know, I did speak
12 with him this morning right here in TEU, told
13 him that I had spoken with his aide. And since
14 I didn't hear from him, I didn't assume he had
15 any problems.
16 And one reason I did want to clarify that
17 with him is that his aide -- I think her name is
18 Connie -- told me that there were a lot of
19 mobile home issues on this road. However, our
20 situation, or our little area of the Oak Ridge
21 mobile home community has never had a complaint
22 in her office.
23 Okay. I need to give you a little bit of
24 history about the property.
25 Okay. I'll have to do this from scratch.
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
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1 I thought I had all my paperwork here.
2 This piece of property is just under two
3 acres. It, as you can see on the zoning map,
4 abuts a larger tract which is where the mobile
5 home park is. This particular piece of
6 property, as it has the little flag, that flag
7 is a driveway. And you can see that in some of
8 the pictures. It's a dirt driveway. It goes
9 all the way back. Serves about, I want to say,
10 six or seven, maybe, mobile homes that are back
11 there.
12 On this piece of property, in 1999, the
13 woman who did own it -- and I think she may no
14 longer be living, but she ended up deeding it
15 over to Mr. and Mrs. Bowers. It was the
16 husband's aunt. Dorothea came to the Planning
17 Department and made an application for the same
18 thing that I'm here for today, the waiver, and
19 then we -- the next process, then, is to go to
20 the administrative deviation at the Planning
21 Department for two mobile homes on slightly less
22 than two acres. You get to have one home per
23 acre.
24 Well, at that time, she was advised that
25 the Planning Department didn't process the
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
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1 administrative deviation waivers for reducing
2 lot area, so she withdrew that application.
3 And then at the LUZ meeting, the
4 application was amended, then, from two mobile
5 homes down to one since there wasn't going to be
6 the ability to have the second one.
7 Apparently when she deeded -- apparently
8 when she deeded the property to the Bowers,
9 either she didn't understand that or she
10 neglected to tell them. And so in your package
11 behind the zoning map, and then our site plan
12 that Greg and I did which shows the existing and
13 then the remainder area where we proposed to put
14 the second mobile home, the third page is a site
15 plan that Mr. or Ms. Bower did. It's slightly
16 crude. And it did get a stamp from the Planning
17 Department, and that was in April of last year.
18 That was based upon Ms. Bower thinking that
19 she had the waiver granted for two mobile
20 homes.
21 Then she makes application for the move-on
22 permit, and then, you know, the one gets moved
23 on. Actually, my memory has escaped me as to
24 how it actually got caught up that she could not
25 have the second mobile home.
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
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1 She talked to, I think, Michael Koerner and
2 Folks, and she's very diligent when she speaks.
3 She can -- sweet lady but wear your ear out a
4 little bit. So she got all ruffled and -- then
5 she came and found us.
6 So I went and talked to Sean and told
7 him -- you know, and Ken what we were going to
8 do. We'll go ahead and make the application
9 again then for the second mobile home on the
10 waiver for the road frontage and then on Friday
11 the administrative deviation hearing.
12 The situation out there --
13 Did you take the pictures and pass them
14 around?
15 THE CHAIRMAN: Yes.
16 MS. GREEN: Okay. This mobile home park is
17 the road, then, to the north of this one
18 (indicating), which is the first couple of
19 pictures. It shows you how clean it is out
20 there. They're not rundown. Actually, two or
21 three people flagged me down and wondered if
22 they could help me find anything and were as
23 sweet as can be.
24 The last couple of pictures, this
25 particular one (indicating), I took from the
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
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1 mobile home park road looking back south to show
2 you the large tract, vacant tract where this
3 additional mobile home would be placed.
4 And, again, this picture (indicating). And
5 then I'm sorry. The one here (indicating),
6 there's -- my Landrover is in that picture.
7 Hold on.
8 This one right here, where you can see the
9 top of the hood of my car, the black one, that's
10 looking down the dirt road that's not considered
11 a real road that's only 15 feet wide. There are
12 already an existing six or seven mobile homes on
13 there.
14 So we're here to ask you today to work with
15 us on the waiver.
16 And I had actually marked up the staff
17 report. It's probably all sitting back there in
18 my bag. But there were things in the staff
19 report that were a little bit inconsistent with
20 what I would agree with. It said that it would
21 potentially deter the character of the area.
22 Well, there's mobile homes everywhere. I'm not
23 really sure how that would deter the character
24 of the area.
25 And it said that she was advised not to
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
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1 make the application in 1999. That's not what
2 happened. It actually was withdrawn or amended.
3 And it talked about single-family platted
4 subdivisions. I've been back out there. There
5 may be one. But this is a mobile home area.
6 And we're really just asking for the relief on
7 the existing driveways that's there, to have one
8 more car be able to come in to go to a mobile
9 home that we want to place on there.
10 THE CHAIRMAN: Okay. Thank you.
11 Seeing no other speakers, we'll close the
12 public hearing.
13 We'll go to the Planning Department for
14 their input, please.
15 MR. KELLY: Thank you.
16 Through the Chair to the committee,
17 ordinance 2008-25 seeks a reduction in the
18 required road frontage from 160 feet to 15 feet
19 to allow for two dwelling units on the subject
20 property, approximately 1.75 acres in size.
21 The property is zoned rural residential,
22 requiring a one-acre lot size for each dwelling
23 unit, so there is a companion application for an
24 administrative deviation to reduce the required
25 lot area from two acres to 1.75 acres.
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
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1 Staff did review this for consistency with
2 the criteria. We found out that -- in our
3 review, that there really was no practical
4 difficulty in carrying out the strict letter of
5 the regulation.
6 There are numerous other conflicts with the
7 existing code, one being the lot area itself,
8 two is the access and the narrowness of the
9 access.
10 This is strictly a flag lot, again, and
11 there was a previous waiver that was granted on
12 the property in 1999 that allowed basically for
13 the existing dwelling unit to be on that
14 15-foot-wide easement.
15 This is, again, kind of a continuation of a
16 de facto subdivision, substandard, not meeting
17 requirements for the pavement, curb and gutter
18 as otherwise required.
19 The access from this narrow 15-foot-wide
20 driveway would be a detriment to the health,
21 safety, and welfare, and make it difficult for
22 emergency vehicles and other City services to
23 locate the subject property.
24 We felt the flag lot design, again, is
25 altering the established development pattern
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
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1 within the area, not necessarily the mobile
2 home, as Ms. Green indicated. It's not --
3 that's not what we're discouraging. It's really
4 that it's an RR zoning which would permit mobile
5 homes anyway, but it is the development pattern
6 and the lot shape that is being created from the
7 continuing illegal subdivision of the property
8 over time.
9 And we felt that it would be negatively
10 altering the character of the area, potentially
11 having diminishing effects on surrounding
12 property values, and also being a detriment to
13 the health, safety, and welfare, and therefore
14 recommended denial.
15 Thank you.
16 THE CHAIRMAN: Okay. Thank you.
17 Councilmember Shad.
18 MR. SHAD: Thank you.
19 Through the Chair to the committee, I am --
20 you know, we see a good number of these, and I
21 wish we had -- I wish there was more guidance in
22 our zoning code on these because we just kind of
23 handle them and say what the district
24 councilperson wants, and they're probably 50/50
25 as far as our history goes here.
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
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1 When I look at this one -- and there's
2 really -- there's no other flag lots. In the
3 upper left-hand side, it looks like there's one
4 flag lot which looks like a much larger
5 driveway.
6 What's the width of this lot, the total
7 one, including the total property size?
8 MR. KELLY: I believe the front lot was
9 originally -- it's not part of this
10 application.
11 Now, they only do have 15 feet of frontage.
12 MR. SHAD: Right.
13 MR. KELLY: So originally up at the
14 Shindler Drive, this lot was -- you know, the
15 equivalent of the parcel essentially across the
16 street to the west, it looks to be about 100
17 feet of width.
18 MS. GREEN: It's 165.
19 MR. KELLY: One hundred and sixty-five.
20 MR. SHAD: And what's the -- what is the
21 normal frontage needed?
22 MR. KELLY: For each -- each dwelling unit
23 is required to have at least 80 feet of
24 frontage. So --
25 MR. SHAD: So you could split this lot in
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
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1 half, like what they did to the catercorner up
2 and left?
3 MS. GREEN: We don't own the property
4 that's on the street. And the flag portion was
5 only because it's the dirt road.
6 MR. SHAD: Oh, got you.
7 MS. GREEN: I mean, it was just to show the
8 access.
9 MR. SHAD: So you're bound? You don't
10 have --
11 MS. GREEN: Yeah, we own the property
12 across the street from us where it says Existing
13 Oak Ridge Mobile Home Community, but there's
14 mobile homes there.
15 MR. KELLY: Through the Chair to
16 Councilmember Shad, the property in the front --
17 MR. SHAD: I'm looking at this
18 (indicating).
19 MR. KELLY: Correct.
20 MR. SHAD: Okay. Got it.
21 MR. KELLY: The hatched area, basically the
22 highlighted area on that zoning map, that is
23 going to be -- essentially have two homes on
24 that property.
25 MR. SHAD: Okay.
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
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1 MR. KELLY: The -- so there's a third home
2 on the front piece.
3 MR. SHAD: Okay.
4 MR. KELLY: And within that 160 feet of
5 frontage, you really otherwise would be required
6 240 feet for three dwelling units.
7 MR. SHAD: Right. The flag lot is already
8 in existence? This is just adding another lot
9 to it?
10 MR. KELLY: That's correct. It was based
11 on the waiver granted in 1999.
12 MR. SHAD: Okay. Well, just going back,
13 I -- it would seem like we may want to consider
14 in our zoning code giving a little more guidance
15 to the zoning community.
16 Are you just saying -- making the hurdle
17 higher to do this going forward, instead of just
18 going, "Huh, gosh. Wonder how this one feels,"
19 and not having the district councilperson here
20 to address it.
21 That's the only comment I have. Thank you.
22 THE CHAIRMAN: To the Planning Department,
23 when I pull up the GIS on this or maybe a new
24 screen --
25 MS. GREEN: Yes.
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
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1 THE CHAIRMAN: -- it doesn't even show the
2 flag lot separated. It shows one -- 7319 as a
3 giant lot.
4 MS. GREEN: In your package is the deed
5 that -- or I'm sorry. Hold on -- the warranty
6 deed where Ms. Dorothea, or whatever her name
7 was, and granted -- I'm sorry. That's the
8 easement document.
9 I have the warranty papers. It shows where
10 she was the grantor and the niece -- the nephew
11 and the niece-in-law were the grantees. And so
12 she pulled that piece, I guess, out of some
13 property that she owned.
14 But, again, that was back in the 1990s.
15 THE CHAIRMAN: So I guess my question is --
16 MS. GREEN: Sure.
17 THE CHAIRMAN: -- when they were creating
18 this lot -- I mean, if it was fairly recently
19 created, why didn't they give us enough road
20 frontage?
21 MS. GREEN: I don't know why --
22 THE CHAIRMAN: I mean, I'm --
23 MS. GREEN: I don't know why she told her
24 surveyor, which was -- who was Lighthouse
25 Surveying. I don't know why she told them to
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
27
1 only do that little bit. Maybe she felt like
2 she had to show the driveway road access to
3 Shindler.
4 This piece up here (indicating), the blank
5 piece just to the north, that is all of their
6 property. That's where that fence is that has
7 the sign hanging on it.
8 I mean, I guess she could have tried to
9 circumvent the process by having a survey drawn
10 that would show the proper amount of frontage,
11 but it wouldn't really be what's happening. I
12 mean, there is a flat dirt road out there that
13 everyone is accessing and has for many, many
14 years.
15 THE CHAIRMAN: Okay.
16 MS. GREEN: Thank you.
17 THE CHAIRMAN: Planning Department, you
18 have any input on that or not?
19 MR. KELLY: I was just looking at the same
20 information on the GIS and it looks as if, you
21 know, the parcel was split out, and they do have
22 the larger component or the piece to the north
23 which is -- it looks to be like a -- again, a
24 de facto mobile home park on that northern half
25 of this property, which is -- on what I'm
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
28
1 showing is approximately 6.65 acres at that
2 address, which includes the hatched lot which is
3 created through this waiver, and basically the
4 north larger portion of the property,
5 approximately four acres.
6 THE CHAIRMAN: Right. So they didn't
7 give -- they didn't transfer more land because
8 of the fact there's already existing mobile
9 homes there. That's probably what happened.
10 MR. KELLY: Right.
11 THE CHAIRMAN: Okay.
12 All right. I don't have any other
13 questions.
14 Do I have a motion?
15 If I don't have a motion, we'll just
16 continue the public hearing and come back next
17 time.
18 MR. SHAD: Can we ask Mr. Holt to weigh
19 in?
20 THE CHAIRMAN: That would be fine.
21 MS. GREEN: If you want to defer it, that's
22 fine. Maybe I can get some more information.
23 THE CHAIRMAN: The district council
24 representative input on this would be important
25 I think because this is one of those -- as
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
29
1 Councilmember Shad said, it's a flip of a coin.
2 Let's do this, Ms. Green. I'd like to go
3 ahead and just continue the public hearing and
4 we'll see if we can get Mr. Holt to come and
5 give us his input next time.
6 MS. GREEN: And what is the date of that
7 again?
8 THE CHAIRMAN: Excuse me?
9 MS. GREEN: Do you know what the date is
10 off the top of your head? I've just been
11 traveling a lot lately and I don't want to be
12 out of town on that day.
13 THE CHAIRMAN: The next one is April 1st.
14 MS. GREEN: I won't be traveling on that
15 day.
16 THE CHAIRMAN: No fooling?
17 MS. GREEN: Thank you.
18 THE CHAIRMAN: I don't know if we can
19 believe his input on April 1st or not. That
20 will be a whole other subject.
21 Okay. We'll just continue that public
22 hearing with no further action.
23 Thank you, Ms. Green. Appreciate it.
24 MS. GREEN: Thank you.
25 THE CHAIRMAN: Great input, Councilman
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
30
1 Shad. Thank you.
2 All right. Item 31, 2008-27. We'll open
3 that public hearing.
4 Seeing no speakers, we'll continue that
5 public hearing.
6 Item 32, 2002-40, is deferred.
7 Page 11, 2008-42. Open that public
8 hearing.
9 Seeing no speakers, we'll continue that
10 public hearing.
11 Item 34, 2008-106. We'll open that public
12 hearing.
13 We have one speaker card, Wyman Duggan.
14 (Mr. Duggan approaches the podium.)
15 THE CHAIRMAN: Good evening, Mr. Duggan.
16 How are you?
17 MR. DUGGAN: I'm fine, Mr. Chairman. Thank
18 you. How are you?
19 THE CHAIRMAN: Good.
20 MR. DUGGAN: Wyman Duggan, 1301 Riverplace
21 Boulevard, Suite 1500.
22 This is a PUD to PUD rezoning to modify
23 some conditions of the original PUD approval
24 that requires a developer to make some off-site
25 roadway improvements in the San Pablo -- to
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
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1 San Pablo Road.
2 Following the adoption of that PUD, the
3 River City Management Group informed my client
4 and the district councilman that it preferred
5 that my client not make those improvements
6 because there are -- there is not sufficient
7 right-of-way at the current time to make the
8 improvements to City standards.
9 So the purpose of this amendment would be
10 to remove that obligation of my client to make
11 those improvements in deference to the City's
12 requests on that issue.
13 The Planning Department originally
14 recommended denial, although at Planning
15 Commission I believe we worked out an acceptable
16 condition to them and to my client. We agreed
17 to most -- I think eight of the ten terms of the
18 Traffic Engineering memo, which addressed the
19 Planning Department's operational and safety
20 concerns with respect to traffic impacts related
21 to the developmental department.
22 So I won't speak for the department, but
23 the Planning Commission approved it on that
24 basis.
25 And I'm available for any questions.
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
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1 THE CHAIRMAN: Thank you.
2 Councilmember Clark, do you want me to
3 close the public hearing first?
4 MR. CLARK: Yes.
5 THE CHAIRMAN: Seeing no other speakers,
6 close the public hearing and call on the
7 district councilperson, Councilmember Clark.
8 MR. CLARK: I first want to obviously
9 declare ex-parte with Wyman Duggan. I guess we
10 also had ex-parte with -- we had a table with
11 River City Management, folks from the City,
12 amongst others, and Wyman, just discussing the
13 nuances of what we're having to do here.
14 Do we want to hear from the Planning
15 Department before this and then --
16 THE CHAIRMAN: You can move an amendment to
17 approve or deny if you want to.
18 MR. CLARK: Okay. That's how we're doing
19 it. Okay. Good.
20 Simply put, I didn't want anything to
21 happen on that section of San Pablo and Atlantic
22 Boulevard, given the nature of -- what that
23 intersection is like, until a developer agreed
24 to fix the intersection if they were going to do
25 such a thing. So we tied everything they did,
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
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1 every permit they got, to the intersection.
2 Well, they had it engineered. They spent
3 about 70 grand in engineering. They agreed to
4 all the conditions. And then we sat down with
5 the powers that be that are redoing San Pablo
6 and the intersection, they said, you know, all
7 this is great, but you can do all this and in
8 six months we're going to destroy it and rip it
9 up because we need to take a lot more
10 right-of-way. It's going to be very difficult
11 for us and it's going to take a lot longer
12 because we're probably going to probably wind up
13 taking property eventually here because there's
14 just -- there's things built on it. There's --
15 you know, there's a car wash and adjacent to a
16 gas station, things like that that are going to
17 need to be to make the road work.
18 So if we're going to make the road work and
19 do it correctly, which we want to do the first
20 time, we don't want -- they've agreed to do
21 everything I've asked. I don't want to
22 hamstring them simply because they've agreed to
23 do everything.
24 So they've obviously done their eight
25 conditions. I don't know if I need to do this
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
34
1 in TEU or do it here, but it probably is
2 reasonable. They've got a quarter million
3 dollar fair share. They've spent about 70- in
4 engineering at our request.
5 MR. DUGGAN: Mr. Clark, just to clarify.
6 That 250- obligation is over and above our
7 fair share. We haven't --
8 MR. CLARK: Over and above the fair share,
9 right.
10 So over and above the fair share, they're
11 doing the 250- obligation. It seems fair
12 enough. There's always risk in this. I figure
13 we could split the difference and we'll -- 35-
14 of that we can take off and they'll eat the
15 35-. There's always risk in any development.
16 But is that more of a TEU issue?
17 MS. ELLER: I believe that you could amend
18 the fair share contract to give credit for the
19 study that they have already -- they've already
20 completed, because you would be able to show
21 that that improvement would be part of what
22 would offset the cost of the project itself.
23 Does that sound acceptable, Wyman, to
24 incorporate that credit provision in the fair
25 share contract? Or maybe you've already done
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
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1 the fair share contract.
2 MR. DUGGAN: The fair share is already
3 approved, and it's actually fairly old, a couple
4 of years.
5 The 250- obligation is over and above the
6 fair share amount, and we've spent 70- so far
7 pursuant to the obligation of the original PUD
8 approval to do this engineering.
9 My concern would be that River City
10 Management Group has said they can't use our
11 plans. So essentially this $35,000 credit is
12 more of an equitable arrangement because we
13 spent the money in reliance -- we spent the 70-
14 in reliance, but it sounds as if the City is
15 going to get to use our plans. At least
16 according to River City, they don't want to use
17 our plans.
18 My concern is if we go to TEU to amend the
19 fair share, somebody -- perhaps the council
20 auditors are going to say, "Well, why are we
21 giving them $35,000 credit for plans that we're
22 not going to use?" That's my concern.
23 MS. ELLER: It would be -- the forum would
24 be some sort of credit-negotiated agreement that
25 would go through TEU under our concurrency/fair
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
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1 share process, not a part of, you know, this PUD
2 process. However, you know, as Wyman said, I
3 don't know what that would look like.
4 MR. CLARK: Nor do I. We'll just have
5 to -- we'll have to go down that road in TEU
6 because obviously it's not appropriate here, so
7 we'll find a another way.
8 But they've done everything we've asked of
9 them. And I would like to hear the eight
10 conditions, the conditions that are on it, if we
11 have them.
12 MR. KELLY: Yes, we do.
13 Well, the first three conditions are
14 essentially, the original -- "The development
15 shall be subject to the original written legal
16 description dated February 1, 2008."
17 Condition number 2, The development shall
18 be subject to the original written description
19 dated April 30, 2007."
20 Condition number 3, "The development shall
21 subject to the original site plan dated April
22 30, 2007."
23 And the fourth condition references the
24 Traffic Engineering memo. And with regards to
25 the conditions that were deleted, there are
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
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1 numerous conditions -- I can list them out and
2 then --
3 Condition 1 was deleted, which prevented or
4 denied access essentially to Bermuda Road from
5 within the development. That has since been
6 struck. There was originally approved -- as
7 part of the PUD, they showed an alternate
8 secondary access point to Bermuda Road, so that
9 is no longer subject -- or part of the
10 memorandum.
11 Condition 2 relates to improvements to
12 Cypress Drive, which the applicant is agreeable
13 to the 24-foot pavement section with sidewalks
14 between San Pablo Road and Cherry Avenue.
15 Condition 3 deals with a left-turn lane to
16 be provided on San Pablo Drive at the entrance
17 driveway. The turn lane will be designed to DOT
18 standards based on the current design speed and
19 require an overlay of the entire construction
20 limits, also including extruded thermoplastic
21 pavement markings and reflective pavement
22 markers.
23 The fourth condition of that memo, which is
24 intact, is that the applicant will provide -- or
25 the development will provide a minimum 100 feet
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
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1 of on-site queuing prior to stopping for any
2 gates at the entrance and a right-turn lane can
3 be constructed in lieu of the on-site cuing.
4 Condition 5, the applicant is agreeable
5 to -- also deals with "the turn lanes shall be
6 included as part of the ten-set submittal and
7 construction shall be completed prior to
8 issuance of a certificate of occupancy."
9 Condition 6 and 7 both deal with
10 identification signage, walls and fencing, not
11 obstructing any horizontal sight distance, and
12 that any proposed entrance signs shall be placed
13 a minimum of 10 feet behind the stop bar.
14 Condition 8, which was deleted, relating to
15 their requirement to provide sidewalks, which is
16 part of the overall three-laning and roadway
17 improvements scheduled as part of the Better Jax
18 Plan project for the widening, which is slated,
19 I believe, now to be completed by 2010.
20 And initially our denial, again -- just for
21 purposes of kind of summarizing everything, our
22 denial was really based upon the situation and
23 the timing, and the department felt that the
24 improvements and the infrastructure should be in
25 place prior to the development, you know, going
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
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1 in and getting the certificate of occupancy.
2 And from a purely safety standpoint, we had
3 really an issue with -- you know, we understood
4 hamstringing and, you know, they're ready to
5 go. They've paid their fair share and they're
6 basically ready to go and start building, and
7 they've got approved ten-set plans.
8 And so we came to the agreement at Planning
9 Commission, after a lengthy discussion, that
10 really the bottom line was that it was an
11 operational safety issue and that, at a minimum,
12 really we needed that left turn -- that
13 southbound left-turn lane. And the applicant
14 has agreed to that. And so, therefore, based on
15 that, we've withdrawn our initial objection.
16 THE CHAIRMAN: Okay. Thank you, Mr. Kelly.
17 MR. DUGGAN: Mr. Corrigan.
18 THE CHAIRMAN: Yes.
19 MR. DUGGAN: Can I be heard on just some
20 comments on those conditions just to clarify for
21 the record?
22 THE CHAIRMAN: Sure.
23 MR. DUGGAN: Thank you.
24 First, I believe that the conditions of
25 that Traffic Engineering memo were to be subject
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
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1 to the review and approval of the Planning
2 Department and the Public Works Department.
3 MR. KELLY: It is -- and this was per
4 Dylan, and I agree with it.
5 "The development shall be subject to the
6 Development Services Division memorandum dated
7 February 21, 2008, as attached, except for
8 conditions 1 and 8 of said memorandum, or as
9 otherwise approved by Planning and Development
10 Department and the City engineer."
11 MR. DUGGAN: Okay. And, secondly, what was
12 the date of the written description that you
13 referenced, Sean, in your early condition?
14 MR. KELLY: I had the original written
15 description dated April 30, 2007.
16 MR. DUGGAN: Wouldn't you also want to
17 reference the date of this rezoning's written
18 description since you typically do that as a
19 condition of a PUD approval?
20 MS. ELLER: (Inaudible.)
21 MR. KELLY: Okay. Thank you.
22 So we will amend condition 2, then, to
23 reflect -- because there was no substantial
24 changes in the original written description, but
25 as modified, deleting that component
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
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1 regarding --
2 MR. DUGGAN: (Nods head.)
3 MR. KELLY: Okay. As modified by the
4 revised written description dated December 19,
5 2007.
6 MS. ELLER: Correct.
7 MR. KELLY: Thank you.
8 MR. DUGGAN: And then, lastly, the $250,000
9 contribution obligation, that is strictly a
10 zoning requirement. That's unrelated to the
11 fair share, and I would just submit that that is
12 something we could address here tonight because
13 TEU didn't impose it. It wasn't part of the
14 fair share. It was imposed as part of the
15 original zoning last year.
16 So we could amend the condition that the
17 developer pay that 250- by subtracting the 35-.
18 So it'd be -- they'd pay 215-.
19 That's just my suggestion as a quick and
20 easy way to resolve it.
21 MS. ELLER: Are you still paying it? I'm
22 sorry. I'm confused.
23 THE CHAIRMAN: Does anybody have any input
24 on that?
25 Councilmember Clark.
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
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1 MR. CLARK: I think that's the easiest way
2 to do it. If it's a part of the PUD, then we
3 don't have to take it back through TEU. And I
4 don't think anybody wants to reengineer what the
5 fair share would be. I'm not sure that we could
6 actually come up with the same number.
7 THE CHAIRMAN: Right.
8 All right. So I need a motion on the
9 direction we want to move forward in.
10 MR. SHAD: Is that correct?
11 MS. ELLER: Mr. Chairman, you can roll it
12 all into the same amendment. It would just
13 be -- the written description itself modified
14 the original April 30, 2007, written description
15 with a statement submitted December 19th. And
16 in that December 19th submittal, it removed the
17 timing of the -- the improvements, but it
18 retained the contribution amount at 250,000.
19 So if you want to just reduce that dollar
20 amount -- and as long as, you know, the Planning
21 Department supports that, then that can become a
22 new condition in the PUD.
23 MR. CLARK: Okay.
24 THE CHAIRMAN: All right. Do I have a
25 motion?
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
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1 MR. CLARK: (Inaudible.)
2 THE CHAIRMAN: Okay.
3 MR. CLARK: The total is 250- minus 35-.
4 Leaves you 215-.
5 MR. KELLY: And this would be due --
6 MR. CLARK: Above and beyond the fair share
7 dollar.
8 MR. KELLY: Right. And this would be
9 payable at the time of building permit
10 applications or --
11 MR. DUGGAN: I think we left that kind of
12 vague around -- the first time around, but I
13 assume that it would be paid at the same time
14 the fair share had to be paid, which would be --
15 we'd have to pay before we could get building
16 permits. So --
17 MR. CLARK: Correct. Same time.
18 Okay. All right. There we go.
19 THE CHAIRMAN: That's an amendment to
20 approve based on --
21 MR. CLARK: Yeah. Well, amendment to
22 approve based on the amendment that they just
23 gave. So the amendment --
24 THE CHAIRMAN: Wrap it all in one amendment
25 to approve.
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
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1 MR. CLARK: Yes.
2 THE CHAIRMAN: Do I have a second?
3 MR. SHAD: Second.
4 THE CHAIRMAN: I have a motion and second
5 on the amendment for -106.
6 Any discussion on the amendment?
7 COMMITTEE MEMBERS: (No response.)
8 THE CHAIRMAN: Seeing none, all in favor
9 signal by saying aye.
10 COMMITTEE MEMBERS: Aye.
11 THE CHAIRMAN: All opposed.
12 COMMITTEE MEMBERS: (No response.)
13 THE CHAIRMAN: The amendment carries.
14 MR. CLARK: Move the bill as amended.
15 MR. YARBOROUGH: Second.
16 THE CHAIRMAN: A motion and second on
17 2008-106 as amendment.
18 Seeing no discussion, open the ballot,
19 record the vote.
20 (Committee ballot opened.)
21 MR. CLARK: (Votes yea.)
22 MR. CORRIGAN: (Votes yea.)
23 MS. JONES: (Votes yea.)
24 MR. SHAD: (Votes yea.)
25 MR. YARBOROUGH: (Votes yea.)
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
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1 (Committee ballot closed.)
2 MS. LAHMEUR: Five yeas, zero nays.
3 THE CHAIRMAN: By your action, you've just
4 approved -106.
5 Thank you, Mr. Duggan.
6 MR. DUGGAN: Thank you.
7 Mr. Corrigan, I have the next matter.
8 THE CHAIRMAN: Okay. 2008-107. Open that
9 public hearing.
10 Wyman Duggan is our only card.
11 MR. DUGGAN: I'm available for questions.
12 THE CHAIRMAN: Seeing no questions for
13 Mr. Duggan, we will close that public hearing.
14 MR. YARBOROUGH: Move the amendment.
15 MR. SHAD: Second.
16 THE CHAIRMAN: We don't even have an
17 amendment. We just need to move the bill.
18 MR. CROFTS: Yes, we do.
19 MR. YARBOROUGH: We have an amendment.
20 THE CHAIRMAN: We have an amendment. I'm
21 sorry. Not on my agenda we don't.
22 But we're on the amendment now.
23 Any discussion -- an explanation of the
24 amendment since I don't even know what this is.
25 MR. CROFTS: Yes, sir.
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
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1 This amendment is unique to this particular
2 development in the sense that we're going to be
3 adding an annotated statement on the future land
4 use map series that basically limits the
5 development to seven dwelling units per acre on
6 this particular tract of land, and we will
7 include that statement in the ordinance and also
8 substitute the map with that statement on it.
9 Thank you.
10 THE CHAIRMAN: Thank you, Mr. Crofts.
11 Mr. Duggan, do you agree with the
12 amendment?
13 MR. DUGGAN: Yes, Mr. Chairman.
14 THE CHAIRMAN: All right. Thank you.
15 Seeing no discussion, all in favor signal
16 by saying aye.
17 COMMITTEE MEMBERS: Aye.
18 THE CHAIRMAN: All opposed.
19 COMMITTEE MEMBERS: (No response.)
20 THE CHAIRMAN: The amendment carries.
21 MR. CLARK: Move the bill as amended.
22 MR. SHAD: Second.
23 THE CHAIRMAN: A motion and second on
24 2008-107 as amended.
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 (Committee ballot opened.)
3 MR. CLARK: (Votes yea.)
4 MR. CORRIGAN: (Votes yea.)
5 MS. JONES: (Votes yea.)
6 MR. SHAD: (Votes yea.)
7 MR. YARBOROUGH: (Votes yea.)
8 (Committee ballot closed.)
9 MS. LAHMEUR: Five yeas, zero nays.
10 THE CHAIRMAN: By your action, you've
11 approved 2008-107.
12 Thank you, Wyman.
13 MR. DUGGAN: Thank you.
14 THE CHAIRMAN: Appreciate it.
15 The next two items, item 36 and 37 on the
16 agenda, 2008-108 and 2008-109, we're going to
17 open both of those public hearings.
18 Councilmember Jones came -- Warren Jones
19 came to the agenda meeting just towards the end
20 of it and said that he knew there was some
21 questions and/or opposition to this and he was
22 willing to have a meeting with the community
23 before we tried to move this out of LUZ.
24 I commend him for doing that, and I know we
25 have several speakers here for the bill, but I'm
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
48
1 glad you're here because he did not know who he
2 needed to contact.
3 So let me open the public hearing on
4 2008-108. And I'll tell you, you're welcome to
5 come and speak on the bill if you would like, or
6 I can give your name and information to
7 Councilmember Jones's office and he can contact
8 you to set up a meeting with you and discuss it
9 before it comes to this committee.
10 We will not take action tonight on either
11 one of these bills because your questions have
12 not been satisfied, and I'm speaking to
13 Mr. Bowler, Patrick Herbert, and Nick Humphress.
14 So you're welcome to speak if you want to
15 tonight, but your comments might be more
16 effective after -- at the next meeting, after
17 you have a meeting with Councilmember Jones.
18 (Ms. Lee enters the proceedings.)
19 THE CHAIRMAN: Does any one of the three
20 speakers wish to speak?
21 AUDIENCE MEMBERS: (No response.)
22 THE CHAIRMAN: Seeing none, I'll close the
23 public hearing on -108.
24 I'll open the public hearing on 2008- --
25 Continue. I'm sorry. Excuse me. I'll
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
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1 continue the public hearing on 2008-108.
2 And Councilwoman Lee has joined us.
3 Good evening.
4 Also 2008-109, I've opened that public
5 hearing. Had the same speaker cards, I believe,
6 for that. And seeing that they do not want to
7 speak tonight, we'll continue that public
8 hearing.
9 You will -- to all three of you,
10 Mr. Bowler, Mr. Herbert, and Mr. Humphress, you
11 will have the opportunity to speak to us at
12 future meetings on these particular two bills.
13 AUDIENCE MEMBER: Thank you.
14 THE CHAIRMAN: And Councilmember Jones will
15 be getting in contact with the three of you.
16 And if you have others, when he contacts you,
17 make sure you let him know.
18 All right. We are on item number 38,
19 2008-110. We'll open the public hearing.
20 Seeing no speakers, we'll close that public
21 hearing.
22 Go to the Planning Department for their
23 input, please.
24 MR. KELLY: Thank you.
25 To the Chair, ordinance 2008-110 is an
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
50
1 application for waiver of road frontage. The
2 subject property is located at --
3 THE CHAIRMAN: Mr. Kelly, let me interrupt
4 you a second.
5 Ma'am, did you need to speak to me about
6 the two bills?
7 Let me stop you one second, Sean.
8 Which bill were you here on?
9 (Audience member approaches the podium.)
10 AUDIENCE MEMBER: 2008-110.
11 THE CHAIRMAN: -110. Okay. Let me -- did
12 you fill a speaker card out, a blue card?
13 AUDIENCE MEMBER: I filled out -- no. This
14 sheet of paper (indicating).
15 THE CHAIRMAN: Okay. Sean, let me put you
16 on hold for a second. Let me reopen that public
17 hearing.
18 Go ahead and speak. And when we finish,
19 the blue card, fill it out and turn it in when
20 you finish.
21 We're on 2008-110. Go ahead. Give your
22 name and address and speak for three minutes.
23 AUDIENCE MEMBER: Canetha Trussell, 2742
24 Herschel Street.
25 And I'm just available for questions.
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
51
1 THE CHAIRMAN: Okay. Perfect. Thank you.
2 Stick around because if we have an
3 amendment, I'll need you.
4 Okay. We'll close the public hearing.
5 Mr. Kelly, continue.
6 MR. KELLY: Thank you.
7 To the Chair and Committee, again, this is
8 a waiver of road frontage request to reduce the
9 required road frontage from 35 feet to 26.73
10 feet.
11 The subject property is located down in
12 Julington Creek, located at the end of Micanope
13 Lane. It's classified as an approved private
14 road.
15 The subject property is on a cul-de-sac on
16 the water. And it was kind of unclear when we
17 initially did the research to find out when this
18 lot was actually recorded, but in all
19 likelihood, it is a lot of record. We just
20 couldn't obtain that information.
21 But, in this instance, the department is
22 supportive of this request to reduce the
23 required road frontage. They do have a direct
24 access to an approved private road.
25 In addition, we felt that it met all the
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1 criteria. The lot has existed for some time.
2 There's no diminishment of any property values,
3 and it wouldn't alter the character of the
4 area. And this was not an attempt to circumvent
5 the subdivision regulations. And, therefore, we
6 felt that this was very compatible with the
7 surrounding development pattern and recommended
8 approval.
9 THE CHAIRMAN: Thank you, Mr. Kelly.
10 Do we have a motion on the bill?
11 MR. CLARK: Move to approve.
12 MR. SHAD: Second.
13 THE CHAIRMAN: A motion and second on the
14 amendment to grant the waiver on -110.
15 Seeing no discussion on the motion, all in
16 favor signal by saying aye.
17 COMMITTEE MEMBERS: Aye.
18 THE CHAIRMAN: All opposed.
19 COMMITTEE MEMBERS: (No response.)
20 THE CHAIRMAN: The amendment carries.
21 MR. CLARK: Move the bill as amended.
22 MR. SHAD: Second.
23 THE CHAIRMAN: A motion and second on
24 2008-110 as amended.
25 Seeing no discussion, open the ballot and
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1 record the vote.
2 (Committee ballot opened.)
3 MR. CLARK: (Votes yea.)
4 MR. CORRIGAN: (Votes yea.)
5 MS. LEE: (Votes yea.)
6 MS. JONES: (Votes yea.)
7 MR. SHAD: (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 just
12 approved 2008-110.
13 Ma'am, did you fill out the blue card for
14 us?
15 MS. TRUSSELL: Yes.
16 THE CHAIRMAN: Thank you. Thank you for
17 being here. Appreciate it.
18 MS. TRUSSELL: Thank you.
19 THE CHAIRMAN: Committee members, items 39
20 and 40, 2008-135 and -136, are both deferred.
21 We're on page 13. All those items will be
22 deferred on page 13: 2008-137, -138, -139, and
23 -140.
24 We're on page 14 of your agenda. All the
25 items on that page will be deferred: 2008-141,
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
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1 -142, -143, -144, and -145.
2 Page 15, item 50, 2008-146 and -147, are
3 both deferred.
4 We are on item 52 on your agenda,
5 2008-149. We'll open that public hearing.
6 Seeing no speakers, we will close that
7 public hearing.
8 We have an amendment. Did the Planning
9 Department want to explain the amendment to us?
10 MR. YARBOROUGH: Move the amendment.
11 THE CHAIRMAN: I have a motion. Do I have
12 a second on the amendment?
13 MS. JONES: Second.
14 THE CHAIRMAN: A motion and second on the
15 amendment.
16 MR. CROFTS: Through the Chair, the
17 amendment basically clarifies who has the
18 authority to administer the code and it just
19 puts the right designated position in the code
20 that actually does the work into the ordinance.
21 THE CHAIRMAN: Okay. For the committee's
22 information, this was approved by the TEU
23 Committee today six to zero, so . . .
24 A motion and second on the amendment.
25 All in favor of the amendment signal by
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
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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. YARBOROUGH: Move the bill as amended.
7 MR. SHAD: Second.
8 THE CHAIRMAN: I have a motion and second
9 on 2008-149 as amended.
10 Seeing no discussion, open the ballot and
11 record the vote.
12 (Committee ballot opened.)
13 MR. CLARK: (Votes yea.)
14 MR. CORRIGAN: (Votes yea.)
15 MS. LEE: (Votes yea.)
16 MS. JONES: (Votes yea.)
17 MR. SHAD: (Votes yea.)
18 MR. YARBOROUGH: (Votes yea.)
19 (Committee ballot closed.)
20 MS. LAHMEUR: Six yeas, zero nays.
21 THE CHAIRMAN: By your action, you've
22 approved 2008-149.
23 Item 53, 2008-170, we'll open that public
24 hearing.
25 Seeing no speakers, we'll continue that
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1 public hearing with no further action.
2 Page 16, the final page of our agenda,
3 2008-171. We will open that public hearing.
4 Seeing no speakers, we'll continue that
5 public hearing.
6 Item 55, 2008-192, is read second and
7 referred. And just for the community's input,
8 there will be a town meeting this coming
9 Thursday, March 20, 6:00 p.m., at
10 Church on
11 questions on this particular bill.
12 That is all the items I have on my agenda.
13 Is there any action for items from the
14 committee?
15 COMMITTEE MEMBERS: (No response.)
16 THE CHAIRMAN: Seeing none, thank you for
17 your cooperation.
18 We are adjourned.
19 (The above proceedings were adjourned at
20 5:52 p.m.)
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Diane M.
Tropia,
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1 C E R T I F I C A T E
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3 STATE OF
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 22nd day of March, 2008.
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14 Diane M. Tropia
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Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203