1 CITY OF
2 LAND USE AND ZONING
3 COMMITTEE
4
5
6 Proceedings held on Tuesday, January 15,
7 2008, commencing at 6:45 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 ART SHAD, Committee Member.
JACK WEBB, Committee Member.
16
17 ALSO PRESENT:
18 JOHN CROFTS, Deputy Director, Planning Dept.
SEAN KELLY, Planning and Development Dept.
19 KEN AVERY, Planning and Development Dept.
DYLAN REINGOLD, Office of General Counsel.
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 January 15, 2008 6:45 p.m.
3 - - -
4 THE CHAIRMAN: Okay. Ladies and gentlemen,
5 welcome back.
6 We will now call to order the Tuesday,
7 January 15th meeting of the Land Use and Zoning
8 Committee.
9 A couple of housekeeping items, and we're
10 actually going to take a couple of bills out of
11 order.
12 Housekeepingwise, if you're here for item
13 number 20 on page 7, 2007-1046 -- that's the
14
15 let you know ahead of time that we're going to
16 open that public hearing and continue that
17 public hearing, but we are not going to take any
18 action tonight.
19 You are obviously, if we -- during a public
20 hearing, welcome to speak, but I would tell you
21 that your comments would be more appropriate at
22 the time that we're actually going to consider
23 the bill for action.
24 So you're welcome to speak if you want, but
25 it will be more effective at the time that the
Diane M.
Tropia,
3
1 bill takes action, which will be no sooner than
2 two weeks from tonight or February 5th to be
3 more exact.
4 Also, the same is true for item number 27,
5 2007-1083, on page 9. This is on the
6 borderline, I believe, of Councilmember Shad and
7 Webb. They are continuing to work with the
8 applicant to try to find an agreement. So that
9 item will be opened tonight and continued with
10 no further action, which means no action will be
11 taken by this committee until February 5th at
12 the earliest.
13 So if you're here for those two items, like
14 I said, you're welcome to speak, but your
15 comments might be more effective at the time
16 that the bill will be moved by this committee.
17 Councilmember Jones is with us for a few
18 minutes. She is feeling under the weather, so
19 we're going to go ahead and take up the items
20 she has on the agenda so we can hopefully get
21 her going back to recovery.
22 Those items begin on page 8. So,
23 committee, if you'll turn with me to page 8,
24 item 25 on our agenda, 2007-1077. We will open
25 that public hearing.
Diane M.
Tropia,
4
1 We have one speaker, James Brown. He
2 apparently is just here for questions only.
3 Seeing no questions for the speaker, we
4 will close that public hearing.
5 MR. CLARK: Move the bill.
6 MR. YARBOROUGH: Second.
7 THE CHAIRMAN: I have a motion and second
8 on 2007-1077.
9 Seeing no discussion, open the ballot,
10 record the vote.
11 (Committee ballot opened.)
12 MR. CLARK: (Votes yea.)
13 MR. CORRIGAN: (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've
21 approved 2007-1077.
22 The companion item to that is item 26,
23 2007-1078. We will open that public hearing.
24 Mr. Brown is here. I think he's waiting for
25 questions only.
Diane M. Tropia,
5
1 Seeing no questions for the speaker, we'll
2 close that public hearing.
3 MR. CLARK: Move the amendment.
4 MS. JONES: Second.
5 THE CHAIRMAN: We have a motion and second
6 on the amendment. We'll go to the planning
7 department for the amendment, please.
8 MR. CROFTS: Yes, sir. The amendment is
9 four conditions, and they are as follows:
10 "The development shall be subject to the
11 original legal description dated November 1st,
12 2007."
13 Number 2, "The development shall be subject
14 to the original written description dated
15 November 1st, 2007."
16 Number 3, "The development shall be subject
17 to the original site plan dated November 1st,
18 2007."
19 Condition number 4 and finally, "The
20 development shall be subject to the review and
21 approval of the Development Services memorandum
22 dated December 6, 2007, and the Transportation
23 Planning Division memorandum dated December 5,
24 2007, or as otherwise approved by the
25 Development Services Division and the Planning
Diane M.
Tropia,
6
1 and Development Department."
2 Thank you.
3 THE CHAIRMAN: Thank you, Mr. Crofts.
4 Mr. Brown, if you could come forward and
5 just indicate that you're in agreement with all
6 those conditions, please.
7 (Audience member approaches the podium.)
8 AUDIENCE MEMBER: Yeah, I agree.
9 THE CHAIRMAN: Okay. Thank you very much.
10 Councilwoman Jones.
11 MS. JONES: Thank you, Mr. Chairman.
12 I need to declare ex-parte communication
13 with the applicant. We discussed the project in
14 detail in terms of location and specifics of the
15 project. I don't have the date in front of me,
16 but I'll get that to staff.
17 THE CHAIRMAN: Okay. Thank you.
18 Any questions for Councilwoman Jones?
19 COMMITTEE MEMBERS: (No response.)
20 THE CHAIRMAN: Seeing none, we are on the
21 amendment.
22 All in favor of the amendment signal by
23 saying aye.
24 COMMITTEE MEMBERS: Aye.
25 THE CHAIRMAN: All opposed.
Diane M.
Tropia,
7
1 COMMITTEE MEMBERS: (No response.)
2 THE CHAIRMAN: The amendment carries.
3 MR. CLARK: Move the bill as amended.
4 MS. JONES: Second.
5 THE CHAIRMAN: Motion and second on
6 2007-1078 as amended.
7 Seeing no discussion, open the ballot,
8 record the vote.
9 (Committee ballot opened.)
10 MR. CLARK: (Votes yea.)
11 MR. CORRIGAN: (Votes yea.)
12 MS. JONES: (Votes yea.)
13 MR. SHAD: (Votes yea.)
14 MR. WEBB: (Votes yea.)
15 MR. YARBOROUGH: (Votes yea.)
16 (Committee ballot closed.)
17 MS. LAHMEUR: Six yeas, zero nays.
18 THE CHAIRMAN: By your action, you have
19 approved 2007-1078.
20 The last item Councilwoman Jones had asked
21 for us to take up is item number 46 on the top
22 of page 14, 2007-1266.
23 We'll open that public hearing. Our
24 speaker is Reverend Dr. Micah Dexter, II.
25 AUDIENCE MEMBER: For questions only.
Diane M.
Tropia,
8
1 THE CHAIRMAN: Questions only. I'm sorry.
2 Thank you.
3 Seeing no questions for our speaker, we'll
4 close that -- I'm sorry. We have a second
5 speaker. Aaron Flagg is here, I believe, for
6 questions only.
7 Seeing no questions for Mr. Flagg, we are
8 closing that public hearing.
9 MR. WEBB: Move the bill.
10 MR. YARBOROUGH: Second.
11 THE CHAIRMAN: A motion and a second on
12 2007-1266.
13 Seeing no discussion, open the ballot,
14 record the vote.
15 (Committee ballot opened.)
16 MR. CLARK: (Votes yea.)
17 MR. CORRIGAN: (Votes yea.)
18 MS. JONES: (Votes yea.)
19 MR. SHAD: (Votes yea.)
20 MR. WEBB: (Votes yea.)
21 MR. YARBOROUGH: (Votes yea.)
22 (Committee ballot closed.)
23 MS. LAHMEUR: Six yeas, zero nays.
24 THE CHAIRMAN: By your action, you have
25 approved 2007-1266.
Diane M.
Tropia,
9
1 Thank you for being here.
2 Councilwoman Jones, thank you very much.
3 You are released to go. Good luck and hope you
4 feel better.
5 MS. JONES: Thank you.
6 (Ms. Jones exits the proceedings.)
7 THE CHAIRMAN: You're welcome.
8 Okay. Committee members, let's go back to
9 page 2 of our agenda, and we'll start at the
10 front and try to work our way through.
11 Item number 1, 2005-718. Open that public
12 hearing.
13 Seeing no speakers, we'll continue that
14 public hearing.
15 Item 2 is deferred. Item 3 is deferred.
16 Top of page 3, item 4, 2005-1399. We'll
17 open that public hearing.
18 Seeing no speakers, we'll continue that
19 public hearing.
20 Before I go to item 5, Pat La Mountain, you
21 did not put information -- what bill you're here
22 for. If you could come up and give us that
23 information, we'll make sure you're heard when
24 your bill comes up.
25 Committee members, items 5, 6, and 7 --
Diane M.
Tropia,
10
1 2006-24, -220, and -360 -- are all deferred.
2 Page 4, all the items on page 4 are
3 deferred: 2006-520, -658, 2007-144, and
4 2007-145.
5 Page 5, items 12 and 13 are deferred,
6 2007-384 and -581.
7 Item 14, 2007-659. We'll open that public
8 hearing.
9 Seeing no speakers, we'll continue that
10 public hearing with no further action.
11 Committee members, we are on page 6.
12 Item 15, 2007-803, is deferred.
13 We already took up item 16 in our special
14 hearing that began at 4:00.
15 Item 17, 2007-928, we'll open that public
16 hearing.
17 We have Ms. Dianne Wiles. I ought to know
18 that name by now. Excuse me, Dianne.
19 And she's the only speaker I have
20 currently.
21 (Audience member approaches the podium.)
22 THE CHAIRMAN: While she's coming to the
23 microphone, I did receive a message from Michael
24 Stewart to request withdrawal of this bill, so
25 we'll take it up after the public hearing.
Diane M.
Tropia,
11
1 AUDIENCE MEMBER: Good afternoon.
2 I just had a couple of comments regarding
3 this parcel of land, knowing that it was going
4 to be withdrawn due to the Craig Field.
5 I'm Dianne Wiles,
6 32225.
7 Hopefully, this will be the last time for a
8 while you'll have to suffer through my poor
9 public speaking skills.
10 I'm here to make -- today, to make clear
11 how important it is that this land is not
12 developed, whether the runway at
13 is extended or not.
14 This land is just across the street from
15 Runway 14/32. This has been a historical
16 airport noise buffer for years to this
17 community.
18 When the City rezoned the entire city and
19 adopted the 2010 comp plan, this land should
20 have received PBF zoning. It had the same real
21 estate number as the airport and it was on the
22 same property appraiser records, and I have no
23 idea why this was singled out and received zero
24 zoning.
25 Take a look at the most current noise
Diane M.
Tropia,
12
1 contour maps. We already have 18 single-family
2 residence homes and a church in the 65 DNL
3 contour. I'm not sure when the last noise
4 contour studies were done, but I believe it was
5 in 2004 when they were preparing the Part 150
6 study.
7 I can definitely tell you living
8 approximately 2,000 feet from the end of the
9 runway -- of the main airport property, that the
10 noise and frequency of larger jets has increased
11 tremendously.
12 Most of these homes may stay in these
13 critical noise zones regardless of the extension
14 or not. The frequency of the flights is going
15 to increase no matter what happens with the
16 runways at Craig. In the future, the contours
17 may expand with the increase of air traffic.
18 You can go ahead and switch to the other
19 map if you want.
20 Our homes in the Holly Oaks area is in the
21 direct landing and takeoff flight path. Noise
22 abatement procedures, a/k/a Part 150 study, have
23 already been implemented. If this is supposed
24 to help with the reduction of noise and limit
25 flights over our homes, I am here to tell you it
Diane M.
Tropia,
13
1 is not working. There are planes and jets that
2 fly right over the tops of our oak trees.
3 I do not have the time or the need to go
4 into FAA regulations, but this PUD or any
5 development, for that matter, is not in
6 compliance with the FAA land use compatibility
7 and airport regulations. This guide is located
8 on the FAA Web site.
9 The city already took down all the trees on
10 the southeast corner of Monument and
11 Bluff for the road widening and retention
12 ponds. The removal of those trees already
13 increased the noise from the airport. This
14 parcel is the only land we have left to buffer
15 us from the airport.
16 Safety and being a good neighbor is
17 supposed to be the important issues at hand
18 right now with JAA and
19 recognizes Holly Oaks as a noise-sensitive
20 community. Therefore, I hope you will consider
21 all of this if this application or another
22 application for this parcel of land comes before
23 you in the future. This land should somehow --
24 I don't know how -- be put into conservation
25 immediately, runway extension or not.
Diane M.
Tropia,
14
1 Thank you for your time. I appreciate it.
2 THE CHAIRMAN: Thank you.
3 Seeing no other speakers, the public
4 hearing on 2007-928 is closed.
5 MR. YARBOROUGH: Move to withdraw.
6 MR. CLARK: Second.
7 THE CHAIRMAN: A motion and second to
8 withdraw -928.
9 Seeing no discussion on the withdrawal,
10 open the ballot, record the vote.
11 (Committee ballot opened.)
12 MR. CLARK: (Votes yea.)
13 MR. CORRIGAN: (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 2007 -- you've withdrawn 2007-928.
21 Item 18, 2007-984.
22 MR. YARBOROUGH: Move to withdraw.
23 MR. SHAD: Second.
24 THE CHAIRMAN: I have a motion and second
25 to withdraw -984.
Diane M.
Tropia,
15
1 Seeing no discussion, open the ballot and
2 record the vote.
3 (Committee ballot opened.)
4 MR. CLARK: (Votes yea.)
5 MR. CORRIGAN: (Votes yea.)
6 MR. SHAD: (Votes yea.)
7 MR. WEBB: (Votes yea.)
8 MR. YARBOROUGH: (Votes yea.)
9 (Committee ballot closed.)
10 MS. LAHMEUR: Five yeas, zero nays.
11 THE CHAIRMAN: By your action, you just
12 withdrew 2007-984.
13 Committee members, top of page 7,
14 2007-1011. We'll open that public hearing.
15 Seeing no speakers, we'll continue that
16 public hearing.
17 Item 20, 2007-1046. We'll open that public
18 hearing. We have a number of speaker cards. If
19 you heard my message earlier and don't want to
20 speak, if you'll wave your hand, we'll make note
21 of it.
22 The first speaker is Kathy Taylor.
23 (Audience member approaches the podium.)
24 THE CHAIRMAN: And Kathy will be followed
25 by Allan Clotworthy followed by Louise De
Diane M.
Tropia,
16
1 AUDIENCE MEMBER: Good evening. I'm Kathy
2 Taylor,
3
4 I represent the Coalition for Recovery.
5 Again, we're not going to take up your time this
6 evening. We're aware of the fact that
7 Dr. Gaffney has a meeting on the 22nd, which
8 we're going to be attending with all the
9 interested parties, and we'll see you in two
10 weeks.
11 Thank you.
12 THE CHAIRMAN: Thank you.
13 Allan Clotworthy, followed by Louis [sic]
14 De Spain.
15 (Audience member approaches the podium.)
16 AUDIENCE MEMBER: My name is Allan
17 Clotworthy. I reside at
18 The -- a lot of comments go -- that are
19 against the populous of
20 want to drive the occupants out or close down
21 the establishments that are there and presently
22 permitted.
23 We, as a group -- a lot that I've spoken
24 to, we're going to try to get a presentation of
25 signed documents to put before the City
Diane M.
Tropia,
17
1 Council -- excuse me -- on the 22nd, that would
2 voice our thoughts that we feel are pertinent.
3 Our major concern is the care that's given
4 to the people that are in those group homes.
5 They're supposed to be short-term. They end up
6 being very much long term and the care of some
7 of the people that are down there. They are not
8 there six months; they are there for a year, two
9 years, some of them that I know.
10 I think we should probably ask the City to
11 present some plans or some criteria that would
12 establish what these people need to have on the
13 premise for the people that are there paying for
14 the use of that establishment who are supposed
15 to have team leaders and other people to help
16 them through their different maladies that they
17 may have.
18 But something needs to be written that says
19 you will provide and -- you know, to just house
20 a whole bunch of them. And now it's, let's get
21 more in. Let's limit it or expand -- shorten
22 the square footage.
23 But we really need to do something to try
24 to help the people that are down there. We're
25 not asking to have them thrown out. We think
Diane M.
Tropia,
18
1 that there is a place for them and the places
2 should be segmented throughout
3 housed in one area.
4 Thank you.
5 THE CHAIRMAN: Thank you.
6 Our next speaker is Louis De
7 followed by Michael Trautmann.
8 (Audience member approaches the podium.)
9 THE CHAIRMAN: Good evening.
10 MS. DE
11 Louise De
12 THE CHAIRMAN: It's been a long day.
13 Sorry.
14 MS. DE
15 thank you for keeping this in committee because
16 there is a lot of confusion, and we are going
17 to -- in cooperation with everybody, we're going
18 to take the bull by the horns, and we're
19 actually going to look and see who has the
20 licenses, who inspects them, who the licenses
21 are through. And so we're going to help gather
22 the data so that when you're actually ready to
23 look at it and make a decision, you'll be able
24 to help us the most.
25 So thank you.
Diane M.
Tropia,
19
1 THE CHAIRMAN: Thank you.
2 Our next speaker is Michael Trautmann,
3 followed Pat La Mountain.
4 (Audience member approaches the podium.)
5 AUDIENCE MEMBER: Thank you, Mr. Chairman.
6 My name is Michael Trautmann. I reside at
8 Again, with what Louise just said, I'd ask
9 the council to please contact the -- I believe
10 they're HDR now. It used to be Landers and
11 Atkins. They did the overlay for historic
12
13 but he's willing to look back in those records
14 and -- he recalls that the recommendation was to
15 increase the density for boarding houses in
16
17 are boarding houses.
18 And one of the things that we came across
19 in our research was that, if they were, in fact,
20 treatment facilities, they were licensed by the
21 State, they would be required to maintain a low
22 density because the lower the density, the lower
23 the recidivism rate is for alcohol and drug
24 treatment. So if you're in the boarding house
25 business and you present yourself as an alcohol
Diane M.
Tropia,
20
1 treatment facility, you're not truly a treatment
2 facility, you're really just a boarding house.
3 And what Allan said earlier, is a lot of
4 those people have been there for years, five,
5 six, seven years, some of those folks, and they
6 pay weekly. And really are just operating as
7 boarding houses. So the economics of the thing
8 is really what we're talking about.
9 The density is too much for
10 and it certainly puts a burden on the developers
11 and the local residents of the community.
12 Thank you.
13 THE CHAIRMAN: Thank you.
14 Pat La Mountain.
15 MR. CLOTWORTHY: She had to leave.
16 THE CHAIRMAN: Thank you.
17 Seeing no further speakers, we'll continue
18 the public hearing on -1046 with no further
19 action.
20 2007-1047. We'll open that public hearing.
21 Seeing no speakers, we'll close that public
22 hearing.
23 MR. YARBOROUGH: Move the bill.
24 MR. CLARK: Second.
25 THE CHAIRMAN: A motion and second on
Diane M.
Tropia,
21
1 -1047.
2 Seeing no discussion on the bill, open the
3 ballot, record the vote.
4 (Committee ballot opened.)
5 MR. CLARK: (Votes yea.)
6 MR. CORRIGAN: (Votes yea.)
7 MR. SHAD: (Votes yea.)
8 MR. WEBB: (Votes yea.)
9 MR. YARBOROUGH: (Votes yea.)
10 (Committee ballot closed.)
11 MS. LAHMEUR: Five yeas, zero nays.
12 THE CHAIRMAN: By your action, you just
13 approved 2007-1047.
14 Top of page 8, 2007-1048. I'm sorry.
15 Mr. Reingold.
16 MR. REINGOLD: To the Chair, as discussing
17 with Councilman Gaffney's assistant -- and I
18 know there's some people leaving.
19 THE CHAIRMAN: The
20 you could listen up, please.
21 MR. REINGOLD: I know there was some
22 reference to the 22nd. I think there's a City
23 Council meeting that night which that would be
24 heard, but the meeting that Councilmember
25 Gaffney has called is on the 24th at 1:00 p.m.
Diane M.
Tropia,
22
1 So I just wanted to make that clear.
2 THE CHAIRMAN: Thank you. I appreciate
3 that.
4 Okay. We are on top of page 8, 2007-1048.
5 We'll open that public hearing. We have no
6 speakers.
7 We'll close that public hearing.
8 MR. WEBB: Move the amendment.
9 MR. SHAD: Second.
10 THE CHAIRMAN: I have a motion and second
11 on the amendment, -1048.
12 All in favor of the amendment signal by
13 saying aye.
14 COMMITTEE MEMBERS: Aye.
15 THE CHAIRMAN: All opposed.
16 COMMITTEE MEMBERS: (No response.)
17 THE CHAIRMAN: The amendment carries.
18 MR. WEBB: Move the bill as amended.
19 MR. SHAD: Second.
20 THE CHAIRMAN: A motion and second on -1048
21 as amended.
22 Seeing no discussion, open the ballot and
23 record the vote.
24 (Committee ballot opened.)
25 MR. CLARK: (Votes yea.)
Diane M.
Tropia,
23
1 MR. CORRIGAN: (Votes yea.)
2 MR. SHAD: (Votes yea.)
3 MR. WEBB: (Votes yea.)
4 MR. YARBOROUGH: (Votes yea.)
5 (Committee ballot closed.)
6 MS. LAHMEUR: Five yeas, zero nays.
7 THE CHAIRMAN: By your action, you've
8 approved 2007-1048.
9 Item number 23, 2007-1051, is deferred.
10 Item 24, 2007-1061, we have a substitute.
11 MR. CLARK: Move the sub.
12 MR. YARBOROUGH: Second.
13 THE CHAIRMAN: A motion and second on the
14 substitute to -1061.
15 All in favor of the substitute signal by
16 saying aye.
17 COMMITTEE MEMBERS: Aye.
18 THE CHAIRMAN: All opposed.
19 COMMITTEE MEMBERS: (No response.)
20 THE CHAIRMAN: The sub carries.
21 MR. YARBOROUGH: Move to substitute --
22 rerefer as subbed.
23 MR. SHAD: Second.
24 THE CHAIRMAN: A motion and second to
25 rerefer 2007-1061 as substituted.
Diane M.
Tropia,
24
1 My queue is down, but I don't see anybody
2 raising their hand, so we'll open the ballot and
3 record the vote.
4 (Committee ballot opened.)
5 MR. CLARK: (Votes yea.)
6 MR. CORRIGAN: (Votes yea.)
7 MR. SHAD: (Votes yea.)
8 MR. WEBB: (Votes yea.)
9 MR. YARBOROUGH: (Votes yea.)
10 (Committee ballot closed.)
11 MS. LAHMEUR: Five yeas, zero nays.
12 THE CHAIRMAN: By your action, you've
13 substituted and rereferred 2007-1061.
14 Item 25, 2007-1077. We'll open that public
15 hearing.
16 I'm sorry. We already did those. Thank
17 you. We've already done 25 and 26.
18 Item 27, 2007-1083. We'll open that public
19 hearing.
20 Seeing no speakers, we'll continue that
21 public hearing.
22 2007-1085. We'll open that public hearing.
23 Seeing no speakers, we'll continue that
24 public hearing.
25 2007-1086. We'll open that public hearing.
Diane M.
Tropia,
25
1 Seeing no one that wishes to speak, we will
2 continue that public hearing.
3 We are now on top of page 10, 2007-1121.
4 We'll open that public hearing.
5 Seeing no speakers, we'll continue that
6 public hearing.
7 2007-1125. We'll open that public hearing.
8 Seeing no speakers, we will continue that
9 public hearing.
10 2007-1126. We will open that public
11 hearing. We have a couple of speakers, Paul
12 Nichols and Bill Curtis.
13 (Audience member approaches the podium.)
14 THE CHAIRMAN: Good evening.
15 AUDIENCE MEMBER: Good evening, Chairman
16 Corrigan and Councilmembers.
17 I'm the applicant, Bill Curtis, having an
18 address at
19 32207, and representing the owner.
20 I'm the attorney for the owner, and this is
21 a rezoning from CRO to CN. We had Planning
22 Department approval in their report, and the
23 Planning Commission approved it, and I'm here to
24 answer any questions if anyone should have them.
25 THE CHAIRMAN: Okay. Thank you.
Diane M.
Tropia,
26
1 I don't have any questions at this point,
2 so we'll turn it over to Paul Nichols.
3 Mr. Nichols.
4 (Audience member approaches the podium.)
5 AUDIENCE MEMBER: I'm Paul Nichols.
6 THE CHAIRMAN: Slide over to that
7 microphone for me, if you would.
8 MR. NICHOLS: Paul Nichols, 8823
9 Boulevard.
10 I'm here on behalf of the owner, Mr. Edwin
11 Soud. I'm here to answer any questions if you
12 have any.
13 THE CHAIRMAN: Okay. I don't see any
14 questions for you either.
15 So seeing no questions, we'll close that
16 public hearing.
17 MR. WEBB: Move the bill.
18 MR. CLARK: Second.
19 THE CHAIRMAN: I have a motion and second
20 on 2007-1126.
21 Seeing no discussion, open the ballot and
22 record the vote.
23 (Committee ballot opened.)
24 MR. CLARK: (Votes yea.)
25 MR. CORRIGAN: (Votes yea.)
Diane M.
Tropia,
27
1 MR. SHAD: (Votes yea.)
2 MR. WEBB: (Votes yea.)
3 MR. YARBOROUGH: (Votes yea.)
4 (Committee ballot closed.)
5 MS. LAHMEUR: Five yeas, zero nays.
6 THE CHAIRMAN: By your action, you've
7 approved 2007-1126.
8 Item 33, 2007-1191. We'll open that public
9 hearing.
10 Seeing no speakers, we'll continue that
11 public hearing.
12 Item 34 on top of page 11, 2007-1194.
13 We'll open that public hearing.
14 We have a speaker, Bill Silcox.
15 (Audience member approaches the podium.)
16 THE CHAIRMAN: Good evening.
17 AUDIENCE MEMBER: Good evening. Thank
18 you.
19 Bill Silcox,
20
21 This is a waiver of road frontage that
22 we're filing on
23 have -- I represent Greg Strayer, who owns this
24 property, which is the last five-acre parcel on
25
Diane M.
Tropia,
28
1 paved road.
2 We have built five of the eight homes that
3 are on this property. This is the last parcel.
4 He has -- he had purchased this property in
5 2001, along with Mr. Newcomer, who has
6 recently -- we built a home for him on 1455,
7 which is ten acres adjacent to his property.
8 They split the property. The north seven
9 acres is currently what Mr. Strayer owns now.
10 There is a recorded 30-foot easement that gains
11 him access to the property. Mr. Strayer spent
12 well over $60,000 improving the property from
13 fencing to a septic tank, which is an approved
14 permit; docks; bulkheads; well; and a dirt pad
15 foundation for the future construction.
16 The home he has proposed to build will be
17 another in excess of $400,000 single-family
18 dwelling. This will do nothing less than
19 increase the property value for this area. All
20 five homes that we built in that area were in
21 excess of $400,000, so I don't think this is
22 going to diminish the value of any property.
23 None of the eight dwellings on that private
24 road had to have a waiver of road frontage, even
25 though that is not a City-approved road. It's a
Diane M.
Tropia,
29
1 private paved road.
2 We are asking that we have approval for a
3 waiver of road frontage so we can go further
4 with building this gentleman's home.
5 THE CHAIRMAN: Thank you.
6 Seeing no further speakers, we'll close
7 that public hearing.
8 Planning Department, Mr. Kelly.
9 MR. KELLY: Thank you.
10 Through the Chair, application for waiver
11 of road frontage 07-27, ordinance 2007-1194,
12 seeks a reduction in the required road frontage
13 from eighty feet to zero feet to allow for the
14 construction of a new single-family dwelling on
15 approximately five acres.
16 This property was recorded back in May of
17 2001, and it was subdivided from a larger tract
18 back in May of '97. The access to this property
19 is basically an unimproved access. Cathy Tripp
20 Lane is improved, and at the northern terminus
21 of
22 1,500 feet of a one-lane paved easement. And
23 then from that part up to the property is an
24 additional, about another 600 feet of just
25 unimproved easements, and it's a grass easement
Diane M.
Tropia,
30
1 behind a locked gate.
2 The department reviewed this and found that
3 there were no practical difficulties in strict
4 compliance with the regulation. We felt that
5 the request was a self-imposed hardship as the
6 requirements for legal lots to have access were
7 the same in 1997 as well as 2001 as they are
8 today.
9 We feel that this is an attempt to
10 circumvent the subdivision regulation, again, by
11 subdividing the property, creating a de facto
12 subdivision. We feel that the waiver will alter
13 the character of the area, interfere with the
14 rights of others, and especially in regards to
15 health, safety and welfare.
16 There is a complete lack of road frontage,
17 and we feel that it would make it onerous and
18 difficult to find the subject property, given
19 the lack of any available road frontage and
20 distance from any approved public or private
21 right-of-way and, therefore, are recommending
22 denial.
23 THE CHAIRMAN: Thank you, Mr. Kelly.
24 Could I have a motion from the committee?
25 COMMITTEE MEMBERS: (No response.)
Diane M.
Tropia,
31
1 THE CHAIRMAN: Hearing --
2 The Planning Department has recommended
3 denial. We need a motion on the amendment to
4 either deny or a motion on the amendment to
5 approve.
6 MR. SHAD: Whose district is it in?
7 THE CHAIRMAN: We have a question from
8 Councilman Yarborough.
9 MR. YARBOROUGH: Thank you.
10 Mr. Chairman, two things. One, given that
11 the recommendation was denial and, two, that
12 Ms. Lee is not here -- and I would -- I'm not as
13 familiar with this and I'm not opposed to vote
14 on it in the affirmative, so I don't know what
15 the best thing to do is. And also, I would like
16 to hear from the district councilwoman. So I
17 would recommend that we wait unless there's an
18 objection to that.
19 THE CHAIRMAN: I totally agree with that.
20 And I don't see a big motion from the
21 committee, so we're going to defer 2007-1194.
22 And in the process of doing that, we will open
23 and continue that public hearing instead of open
24 and close that public hearing.
25 So 2007-1194 is continued.
Diane M.
Tropia,
32
1 Thank you, Councilmember Yarborough.
2 Item 35, 2007-1196. We'll open that public
3 hearing.
4 I'm sorry.
5 MR. REINGOLD: Just for clarification.
6 That was a deferral for one cycle?
7 THE CHAIRMAN: Yes.
8 2007-1196 is open. Seeing no speakers,
9 we'll continue that public hearing.
10 Item 36, 2007-1215. We'll open that public
11 hearing. I have one speaker, Mr.
12 (Mr. Hainline approaches the podium.)
13 MR. HAINLINE: Thank you.
14 THE CHAIRMAN: I have a second speaker card
15 coming in.
16 MR. HARDEN: I have to fill it out.
17 MR. HAINLINE:
19 You'll recall that this has been deferred
20 twice, once in December and once two weeks ago.
21 Some council members had some questions at that
22 time.
23 Let me run through a couple of things
24 first:
25 Number one, we're proposing an amendment
Diane M.
Tropia,
33
1 tonight to address some of the questions that
2 some council members had two weeks ago. We're
3 going to propose an amendment to shorten the
4 term of this development agreement from ten
5 years to five years.
6 And, second, we -- our amendment would
7 revise the performance schedule to make it more
8 detailed and a little tighter -- tighter and
9 more detailed than the normal performance
10 schedule for this development agreement.
11 So that's one thing. We're proposing an
12 amendment to address those concerns.
13 Second, I did speak to Councilman Holt, who
14 is the district councilman this afternoon. He
15 has no objection to this development agreement.
16 He went over it with the Planning Department
17 staff and he has no objection.
18 And, of course, your Planning Department
19 staff has recommended approval.
20 Third, at the LUZ meeting two weeks ago,
21 the reason we deferred is there was some
22 question as to whether Mr. Harden's client, who
23 is behind us in the concurrency queue, had
24 locked into his fair share amount and whether it
25 would be affected by our application.
Diane M. Tropia,
34
1 The general counsel, Mr. Reingold, has
2 e-mailed both Mr. Harden and myself, and he has
3 determined that Mr. Harden's client did lock
4 into -- at his specific request in 2006, to the
5 fair share amount that was -- that they
6 discussed at that time.
7 There is one exception to that. If there
8 are errors in the City Council -- in the City's
9 staff's calculations. That has nothing to do
10 with our application.
11 So, again, in the opinion of your staff and
12 your lawyers, Mr. Harden's applications are not
13 affected by your vote here on this tonight.
14 Specific issues that were raised two weeks
15 ago: Number one, this is not the same
16 development agreement which was before the
17 council last year. That was for all of the PUD,
18 including 750 residential units, and was for ten
19 years. Now, with this amendment, this is for a
20 small portion of the PUD, 40,000 square feet of
21 retail, and for only five years.
22 Second, the applicant's active pursuit of
23 this development. This applicant, following
24 last year's denial of the development agreement,
25 did all of his engineering and design for the
Diane M.
Tropia,
35
1 750 residential units at a cost of several
2 hundred thousand dollars, and that's why he
3 doesn't need a development agreement for that.
4 He has moved forward aggressively with this
5 development. However, the retail has to follow
6 the rooftops. He can't do the retail now;
7 there's no one out there; there's no tenants
8 that would go in. That's the purpose of our
9 development agreement.
10 And I should add that the retail was the
11 most important part of this when the council
12 approved this PUD years ago.
13 (Mr. Yarborough assumes the chair.)
14 THE CHAIRMAN: Mr. Hainline, your time has
15 expired.
16 MR. HAINLINE: Let me just wrap it up by
17 saying comprehensive plan consistency, this
18 council has approved this PUD twice, 2004 and
19 2005, both times determining that it was
20 consistent with the comprehensive plan.
21 THE CHAIRMAN: Thank you.
22 MR. HAINLINE: So I'm going to pass these
23 out. These are the amendments for the reduced
24 duration of the agreement and the revised
25 performance schedule.
Diane M.
Tropia,
36
1 THE CHAIRMAN: Thank you, Mr. Hainline.
2 Mr. Harden, did you wish to speak?
3 MR. HAINLINE: I'd like to reserve a
4 rebuttal too.
5 THE CHAIRMAN: I don't know if we have that
6 on this procedure, Mr. Hainline. I'll check.
7 Mr. Harden, make sure you fill out a
8 speaker's card, if you would.
9 Go ahead. You have three minutes.
10 MR. HARDEN: Paul Harden, 1301 Riverplace
11 Boulevard.
12 Let me point out the two deferrals have
13 been at their request, if you'll recall last
14 week, but let me --
15 Mr. Hainline's description of what was
16 approved and not approved is inaccurate. The
17 bill that was denied in 2007-455 has a CCAS
18 number on it, CCAS number 38760. If you'll look
19 on the front of this bill, it's the exact same
20 CCAS. This council has considered this
21 development agreement and denied it. They're
22 starting over again.
23 Forget about res judicata. The council has
24 made a decision that they are not entitled to
25 this development agreement. It has already been
Diane M.
Tropia,
37
1 denied.
2 I don't know where the issue got to be
3 whether we get it or they get it. The issue is
4 whether or not they're entitled to it. I
5 believe we are entitled to it. I'm prepared to
6 fight that fight.
7 The lock-in issue is we locked in at
8 $600,000 on a particular site. The City then,
9 after we locked in, said it's $980,000. But
10 I'll fight that fight out with the General
11 Counsel's Office.
12 But the issue tonight is not whether we get
13 it or they get it; it's whether they're entitled
14 to it. This council has decided on two
15 occasions, one in LUZ and one before the full
16 council, that they are not entitled to it.
17 In all due respect to Mr. Hainline's
18 amendment, he now says I'm going to go from ten
19 years to five years. But this CCAS was filed in
20 November of 2004. They've already had
21 three-and-a-half years on this, which is one of
22 the big issues with the Planning -- I mean, with
23 the LUZ Committee when they denied it before.
24 But the key issue is this development does
25 not meet the requirements of the comp plan. It
Diane M.
Tropia,
38
1 requires for a rural village. This site is
2 AGR. They want to put a 40,000-square-foot
3 shopping center in AGR. They can only do it if
4 it's a rural village. And a rural village
5 requires multiple things, three of which this
6 doesn't meet. One is the 500 acre requirement.
7 They're 350 acres. One is that they be on a
8 road that meets a certain criteria. They aren't
9 on that criteria road. And they don't meet the
10 appropriate mix.
11 This is not a situation where we're hearing
12 this for the first time. The City considered
13 this before, we objected to it. They denied
14 both their residential and their retail. They
15 went forward with the retail -- I mean, excuse
16 me, the residential. Probably shouldn't have
17 been able to do that, but they did let them back
18 in line. It's just not fair to get denied and
19 have other people waiting in line and then just
20 start over, particularly when you've waited for
21 three-and-a-half years.
22 And I would ask you to deny the development
23 agreement as you did in the past.
24 Thank you, Mr. Chairman.
25 THE CHAIRMAN: Thank you, Mr. Harden.
Diane M. Tropia,
39
1 Are there any other speakers besides
2 Mr. Hainline and Mr. Harden that wish to speak?
3 AUDIENCE MEMBERS: (No response.)
4 THE CHAIRMAN: Can I ask, Mr. Reingold,
5 would it be proper to allow for rebuttal, or is
6 this just -- what procedure are we in for this
7 bill sir, if you could.
8 MR. REINGOLD: To the Chair, we're actually
9 in a legislative decision-making posture, not in
10 a quasi-judicial one. So I think it would be at
11 the discretion of the Chair to allow him to
12 speak if you wanted to, but I don't believe it's
13 a requirement.
14 THE CHAIRMAN: Okay. I'll ask the
15 committee what their preference would be.
16 MR. SHAD: I don't have a preference.
17 THE CHAIRMAN: Do you have an objection?
18 MR. SHAD: I don't have an objection.
19 THE CHAIRMAN: Mr. Webb.
20 MR. WEBB: I'd like a deferral.
21 THE CHAIRMAN: You'd like a deferral.
22 MR. SHAD: Second.
23 THE CHAIRMAN: There's been a request to
24 defer.
25 Mr. Reingold, go ahead.
Diane M.
Tropia,
40
1 MR. WEBB: To the Chair, I say that
2 somewhat facetiously, but we are kind of delving
3 into quasi-judicial territory here in that we
4 are requested for rebuttal. We could be here
5 all night considering the evidence of the merits
6 of what actually went on, so perhaps an
7 additional deferral is appropriate in this
8 matter.
9 THE CHAIRMAN: Okay. Mr. Reingold, I think
10 it has been deferred two cycles. What can we do
11 here? Can we defer again, or what would you
12 advise?
13 MR. REINGOLD: Absolutely. We could
14 definitely -- I would recommend continuing the
15 public hearing instead of closing the public
16 hearing and then taking no action and deferring
17 the item.
18 THE CHAIRMAN: Okay. Any objection from
19 the committee to an additional deferral?
20 COMMITTEE MEMBERS: (No response.)
21 THE CHAIRMAN: Okay. We will continue that
22 public hearing. And I will let Mr. Crofts give
23 the next date when we get to the next LUZ agenda
24 meeting.
25 And here's the chairman.
Diane M.
Tropia,
41
1 (Mr. Corrigan resumes the Chair.)
2 THE CHAIRMAN: Can I be updated where we
3 are?
4 (Mr. Corrigan confers with Mr. Yarborough.)
5 THE CHAIRMAN: Okay. Perfect. So we're
6 finished with -1215?
7 MR. YARBOROUGH: Yes.
8 THE CHAIRMAN: The next item is item 37.
9 2007-1230 is deferred.
10 Turn to page 12, please. 2007-1243. We'll
11 open that public hearing.
12 We have one speaker, Greg Kupperman.
13 (Mr. Kupperman approaches the podium.)
14 MR. KUPPERMAN: Greg Kupperman, 200 First
15 Street, Suite B,
16 This is for -- this is an existing
17 commercial center. It's for an expansion of
18 office warehouse and an existing commercial
19 center.
20 I've worked with the Planning staff. There
21 are several conditions. I agree with all those
22 conditions, and I'll be glad to answer any
23 questions.
24 MR. WEBB: Move the amendment --
25 THE CHAIRMAN: Let me go ahead and close
Diane M.
Tropia,
42
1 that public hearing, Councilmember Webb. And
2 now you moved the amendment. I appreciate that.
3 MR. SHAD: Second.
4 THE CHAIRMAN: We have a second.
5 Can we go to the Planning Department and
6 hear the amendment that Councilman Webb is eager
7 to hear?
8 MR. CROFTS: Yes, sir, Mr. Chairman.
9 The amendment is as follows:
10 Condition number 1, "The development shall
11 be subject to the original legal description
12 dated November 1st, 2007."
13 Number 2, "The development shall be subject
14 to the original written description dated
15 November 1st, 2007."
16 Number 3, "The development shall be subject
17 to the original site plan dated November 1st,
18 2007."
19 Number 4, "The development shall be subject
20 to the review and approval of the Development
21 Services memorandum dated December 5th, 2007, or
22 as otherwise approved by the Florida Department
23 of Transportation and the Planning and
24 Development Department."
25 Number 5, "There shall be no outside
Diane M.
Tropia,
43
1 storage permitted."
2 Number 6, "Light manufacturing and
3 processing uses within the building shall be
4 limited to no closer than 100 feet from the
5 southern property line and 60 feet from the
6 western property line."
7 Number 7, "The lighting plan shall be
8 designed and installed as to prevent glare and
9 excessive light onto the adjacent
10 residentially-zoned property. The same shall be
11 subject to the review and approval of the
12 Planning and Development Department prior to
13 final building permit approval."
14 That's it.
15 (Mr. Yarborough assumes the Chair.)
16 THE CHAIRMAN: Thank you, Mr. Crofts.
17 We were on the amendment.
18 MR. CLARK: Move the amendment.
19 MR. SHAD: Second.
20 THE CHAIRMAN: All in favor of the
21 amendment say aye.
22 COMMITTEE MEMBERS: Aye.
23 MR. WEBB: Move the bill as amended.
24 MR. SHAD: Second.
25 THE CHAIRMAN: There's a motion and second
Diane M.
Tropia,
44
1 to move the bill as amended.
2 Any discussion?
3 COMMITTEE MEMBERS: (No response.)
4 THE CHAIRMAN: Please open the ballot.
5 (Committee ballot opened.)
6 MR. CLARK: (Votes yea.)
7 MR. SHAD: (Votes yea.)
8 MR. WEBB: (Votes yea.)
9 MR. YARBOROUGH: (Votes yea.)
10 (Committee ballot closed.)
11 MS. LAHMEUR: Four yeas, zero nays.
12 THE CHAIRMAN: By your action, you have
13 approved 2007-1243 as amended.
14 2007-1244. We will open that public
15 hearing, and we have one speaker, Mr. Kravitz.
16 (Mr. Kravitz approaches the podium.)
17 THE CHAIRMAN: Welcome, Mr. Kravitz.
18 MR. KRAVITZ: Thank you. Good to be here.
19 Richard Kravitz,
20 This is just basically removing the
21 signage -- reducing the total signage by
22 117 square feet. We're just sort of moving from
23 one zoning district to another to even it out.
24 And in the process, we're saving 117 square feet
25 on
Diane M.
Tropia,
45
1 esthetics of the sign.
2 And we're happy with the conditions put on
3 by the Planning Commission if they're the same
4 ones that we had Thursday.
5 THE CHAIRMAN: Okay. Thank you,
6 Mr. Kravitz.
7 I'll turn to the Planning Department for
8 the amendment.
9 I'll close the public hearing first.
10 Thank you, Mr. Webb.
11 Mr. Crofts.
12 MR. CROFTS: Yes, sir. The amendment is as
13 follows:
14 "The developer shall be subject to the
15 original written description dated October 31,
16 2007."
17 Number 2, "The developer shall be subject
18 to the original conceptual design site plan
19 dated October 31, 2007."
20 Number 3. "The developer shall be subject
21 to the original legal description dated
22 November 12, 2007."
23 Fourth and finally, "The monument signs at
24 4490 and 4492 Southside Boulevard shall not
25 exceed 15 feet in height. Wall signs shall
Diane M.
Tropia,
46
1 comply with section 656.1303, subparagraph CJ3
2 of the zoning code."
3 Thank you.
4 THE CHAIRMAN: Okay. Is there a motion on
5 the amendment?
6 Or actually, Mr. Kravitz, are you in
7 agreement?
8 MR. KRAVITZ: Yes.
9 THE CHAIRMAN: Okay. Is there a motion on
10 the amendment?
11 MR. WEBB: Move the amendment.
12 MR. SHAD: Second.
13 THE CHAIRMAN: A motion and a second.
14 Any discussion on the amendment?
15 COMMITTEE MEMBERS: (No response.)
16 THE CHAIRMAN: All in favor, please say
17 aye.
18 COMMITTEE MEMBERS: Aye.
19 MR. WEBB: Move the bill as amended.
20 MR. SHAD: Second.
21 THE CHAIRMAN: A motion and second on the
22 bill as amended.
23 Any discussion?
24 COMMITTEE MEMBERS: (No response.)
25 THE CHAIRMAN: If not, open the ballot.
Diane M.
Tropia,
47
1 (Committee ballot opened.)
2 MR. CLARK: (Votes yea.)
3 MR. SHAD: (Votes yea.)
4 MR. WEBB: (Votes yea.)
5 MR. YARBOROUGH: (Votes yea.)
6 (Committee ballot closed.)
7 MS. LAHMEUR: Four yeas, zero nays.
8 THE CHAIRMAN: By your action, you have
9 approved 2007-1244.
10 MR. KRAVITZ: Thank you very much.
11 THE CHAIRMAN: Thank you, Mr. Kravitz.
12 Next, committee, 2007-1245. We will open
13 that public hearing.
14 We have one speaker, Ms. Lou Gena Smith.
15 (Ms. Smith approaches the podium.)
16 THE CHAIRMAN: Ms. Smith, welcome.
17 MS. SMITH: Good evening.
18 This is a request for a rezoning to a PUD.
19 It's in the Metro North Neighborhood Action Plan
20 area. It's an existing single-family home and a
21 triplex.
22 My client, the owner, would just like to
23 restore the property, the structures on the
24 property in order to catalyze revitalization in
25 the area.
Diane M.
Tropia,
48
1 The neighborhood action plan does recommend
2 for these types of rezoning to allow for
3 revitalization.
4 Thank you. I'm available for questions.
5 THE CHAIRMAN: Thank you, Ms. Smith.
6 Any questions for Ms. Smith?
7 COMMITTEE MEMBERS: (No response.)
8 THE CHAIRMAN: Seeing none, we will close
9 that public hearing.
10 MR. WEBB: Move the bill.
11 MR. CLARK: Second.
12 THE CHAIRMAN: A motion and a second on
13 -1245.
14 Any discussion?
15 COMMITTEE MEMBERS: (No response.)
16 THE CHAIRMAN: Seeing none, open the
17 ballot.
18 (Committee ballot opened.)
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: Four yeas, zero nays.
25 THE CHAIRMAN: By your action, you have
Diane M.
Tropia,
49
1 approved 2007-1245.
2 2007-1246. We will open that public
3 hearing.
4 (Mr. Mann approaches the podium.)
5 THE CHAIRMAN: Mr. Mann, good evening.
6 MR. MANN: Good evening.
7 THE CHAIRMAN: Please state your name and
8 address.
9 MR. MANN: Mr. Chairman, members of the
10 Commission, Charles Mann,
11 representing the landowner.
12 This is a new residential -- or a new
13 office building, commercial building on
15 the neighborhood on this. It would be -- the
16 last written narrative as referred to in the
17 Council -- or in the Planning Department report
18 represents a negotiated condition that the
19 Planning -- or that the neighborhood and my
20 client have agreed to.
21 We would appreciate your support.
22 Thank you.
23 THE CHAIRMAN: Thank you, Mr. Mann.
24 Any questions from the committee?
25 COMMITTEE MEMBERS: (No response.)
Diane M.
Tropia,
50
1 THE CHAIRMAN: Okay. Let's see. We will
2 close that public hearing.
3 I'll turn to the Planning Department for
4 the amendment.
5 MR. WEBB: Move the amendment.
6 THE CHAIRMAN: There's a motion on the
7 amendment. Is there a second?
8 MR. CLARK: Second.
9 THE CHAIRMAN: Motion and second.
10 Mr. Crofts.
11 MR. CROFTS: Yes, sir. The conditions are
12 as follows:
13 Number 1, "The development shall be subject
14 to the original legal description dated November
15 12, 2007."
16 Number 2, "The development shall be subject
17 to the revised written description dated
18 December 10, 2007."
19 Number 3, "The development shall be subject
20 to the original site plan dated October 22,
21 2007."
22 Number 4, "The development shall be subject
23 to the Development Services memorandum dated
24 December 5th, 2007, or as otherwise approved by
25 the Florida Department of Transportation and the
Diane M.
Tropia,
51
1 Planning and Development Department."
2 Condition number 5, "The outdoor sale and
3 service of food and alcohol shall be granted by
4 exception only."
5 Condition number 6, "The PUD shall be
6 permitted" -- "shall be permitted one
7 externally-illuminated, double-faced monument
8 sign 15 feet in height and 100 square feet in
9 area."
10 Seventh and finally, "The buffer and
11 fencing along the south property line shall be
12 installed prior to any land disturbance and
13 building construction."
14 That's it.
15 (Mr. Corrigan resumes the Chair.)
16 MR. MANN: We're in agreement with that,
17 sir.
18 THE CHAIRMAN: Thank you, Mr. Mann.
19 Seeing no discussion on the amendment, all
20 in favor signal by saying aye.
21 COMMITTEE MEMBERS: Aye.
22 THE CHAIRMAN: All opposed.
23 COMMITTEE MEMBERS: (No response.)
24 THE CHAIRMAN: The amendment carries.
25 MR. SHAD: Move the bill as amended.
Diane M.
Tropia,
52
1 MR. YARBOROUGH: Second.
2 THE CHAIRMAN: A motion and second on -1246
3 as amended.
4 Seeing no discussion, open the ballot and
5 record the vote.
6 (Committee ballot opened.)
7 MR. CLARK: (Votes yea.)
8 MR. CORRIGAN: (Votes yea.)
9 MR. SHAD: (Votes yea.)
10 MR. WEBB: (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 just
15 approved 2007-1246.
16 Thank you.
17 MR. MANN: Thank you very much.
18 THE CHAIRMAN: 2007-1247. We'll open that
19 public hearing. We have one speaker, Jason
20 Gabriel.
21 (Audience member approaches the podium.)
22 AUDIENCE MEMBER: Good evening.
23 Jason Gabriel,
24 500,
25 the applicant.
Diane M.
Tropia,
53
1 Just available for any questions.
2 THE CHAIRMAN: All right.
3 Seeing no questions for the speaker, we
4 will close that public hearing.
5 MR. WEBB: Move the bill.
6 MR. YARBOROUGH: Second.
7 THE CHAIRMAN: A motion and second on
8 -1247.
9 Seeing no discussion, open the ballot and
10 record the vote.
11 (Committee ballot opened.)
12 MR. CLARK: (Votes yea.)
13 MR. CORRIGAN: (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 just
20 approved 2007-1247.
21 MR. GABRIEL: Thank you.
22 THE CHAIRMAN: Thank you very much. We
23 appreciate it.
24 2007-1248. We will open that public
25 hearing. Our first speaker is Mark Rubin.
Diane M.
Tropia,
54
1 I will tell you, this is in my council
2 district and it was a very lengthy discussion at
3 Planning Commission, so I'm going to give
4 Mr. Rubin a little bit of leeway because it is a
5 fairly complex explanation on time. So --
6 (Mr. Rubin approaches the podium.)
7 THE CHAIRMAN: As he's coming down, I will
8 declare ex-parte communications with Mr. Rubin.
9 We had a meeting today to discuss an overview of
10 this project prior to tonight's meeting.
11 MR. RUBIN: Mark Rubin, 1662 Stockton
12 Street,
13 Mr. Chairman, I have some brochures which
14 I'll follow with a presentation. I understand
15 there's technical difficulties. Otherwise, we
16 would have presented a PowerPoint tonight.
17 May I approach with copies for any
18 councilman that --
19 THE CHAIRMAN: Okay. If you'll give them
20 to our Legislative Services Division, they will
21 distribute them.
22 MR. RUBIN: (Complies.)
23 I think Mr. Yarborough and Mr. Corrigan
24 might already have copies.
25 THE CHAIRMAN: I do.
Diane M.
Tropia,
55
1 MR. RUBIN: Mr. Chairman, committee
2 members --
3 THE CHAIRMAN: Do you have one or not?
4 (Inaudible discussion.)
5 MR. RUBIN: Thank you.
6 This is a submission for a PUD on Doctors
7 Village.
8 office campus to be
built in
9 one of really a prototype. There's another one
10 that is under development now in
11 County. It's already been entitled, and it's
12 moving forward.
13 It's designed to address the needs of the
14 community in terms of providing much needed
15 medical services, medical offices, because there
16 is a shortage of doctors and staff in this
17 region. And as we move forward into the
18 century, that shortage will become more and more
19 prevalent.
20 So as an attempt to address that, this
21 project -- this development project is designed
22 to address that. It's essentially on campus.
23 It's right across the street, on
24 the
25 development for a couple of years.
Diane M.
Tropia,
56
1 If I can address you to the second page,
2 the page marked page 2, as part of this
3 development process we've been in front of
4
5 achieved their stamp of approval in the form of
6 a COA. That was after their staff, Historic
7 Preservation staff, recommended approval.
8 Then we appeared before -- we filed the
9 written description simultaneous with the
10 certificate of appropriateness application, and
11 that was submitted to the City. Staff reviewed
12 it.
13 And then after Historic Preservation, the
14 written description was amended to bring the
15 written -- the amended written description,
16 which is before you for consideration tonight.
17 That was amended to come into conformance with
18 the conditions that were approved by Historic
19 Preservation.
20 Staff then reviewed it and has recommended
21 approval.
22 We appeared before the Planning Commission
23 last week. And after a lengthy discussion
24 because of all the issues that surround this,
25 which I'm sure we will get into tonight, it was
Diane M.
Tropia,
57
1 also approved unanimously.
2 I should mention that
3 Preservation -- because this is a project in the
4 historic district, we have been working with
5 Riverside Avondale Preservation for some two
6 years in one form or another with respect to
7 this project.
8 Initially -- if you'll flip to the next
9 page -- actually, two pages, sorry -- page 5,
10 you will see that there's -- it's a picture of a
11 house. This is the house that's about 100 years
12 old. When we initially approached this design
13 and development project, we determined that the
14 highest and best use was to relocate the house
15 and start with a clean slate for the development
16 of this project.
17 We filed for an opportunity to relocate the
18 house and we went before Historic Preservation.
19 We lost before Historic Preservation. We came
20 in an appeal before LUZ, and some of the
21 commissioners that reside tonight actually voted
22 on that. And that was also a lengthy debate,
23 but ultimately it was decided that the house
24 should not be relocated from the historic
25 district. We lost.
Diane M.
Tropia,
58
1 We filed an appeal. That appeal is pending
2 before the Circuit
Court in
3 We did not do anything to prosecute the appeal,
4 but we attempted to redesign the project working
5 with
6 authorities. And we held the appeal in
7 abeyance, and it has been since it was filed.
8 And the hope is that we'll approve this PUD
9 application and then, as a condition for this
10 PUD as well as Historic Preservation, the appeal
11 will be dismissed.
12 So in furtherance of that, we've worked
13 with RAP, Riverside Avondale Preservation, all
14 this time. We've had public hearings, we've had
15 meetings with their zoning committee, with their
16 design committee. Both the design and the
17 zoning committees, to my knowledge, have
18 approved the project as it -- essentially as it
19 appears before you.
20 The executive committee has not yet made an
21 opinion on it. And we're optimistic that as
22 time goes on, they will form an opinion
23 favorably. I certainly know that they're not
24 opposed to it, and that speaks volumes, given
25 the propensity for RAP to come here and tell you
Diane M. Tropia,
59
1 exactly what they think.
2 So flipping back a couple of pages to
3 page 3, you'll see that this project sits on the
4 border of
5 area.
6 and the river. Villa Riva, a multistory
7 condominium, is also in that area. And then if
8 you look to page 4, you see that the property
9 that we're talking about is an aggregation of
10 three parcels that are zoned CN, CN, and CRO.
11 And the zoning we're asking for in this PUD is
12 not inconsistent with either the CRO or the CN
13 designations.
14 Flipping to page 6, this shows the uses in
15 the area, primarily medical, and somewhat to a
16 lesser extent, apartments. But very, very
17 little residential in the area.
18 This is a project that I think everyone
19 agrees is needed because -- for the reasons that
20 I stated earlier in terms of where we're going
21 as a city and what challenges we face ahead.
22 But also on a short-term basis, as those
23 doctors that we're trying to attract to
24
25 they're not looking to move into houses that
Diane M.
Tropia,
60
1 were converted into offices 30, 40 and 50 years
2 ago. They're looking to move into modern
3 offices that meet technological requirements,
4 sanitary and health standards, and
5 handicapped access standards.
6 This project will be a first-class project
7 and it will be a definite asset to the
8 community.
9 Flipping to page 7, looking north on
11 composition of the area. It's a very busy
12 area. Page 7 shows you a shot of the
13 convenience store that's immediately across the
14 street and to the north.
15 To the south, on page 8, is the multistory
16 Villa Riva condominium. On the west side, to
17 the south, is the St. Catherine's nursing
18 facility,
which is an affiliate of
19 Hospital.
20 On page 10, it's another shot. That's
21 directly across the street.
22 Page 11 is a shot from the property to the
23
24 surface lot and parking garage.
25 And then page 12 is a much more elaborate
Diane M.
Tropia,
61
1 picture of the very large parking garage that is
2 immediately across the street from this project.
3 Page 13 shows you -- this is architect
4 jargon and architect-speak, if you will. It's
5 discussing the urban transect and how this
6 project, which falls somewhere between T5 and T6
7 of the urban transect chart, shows that it's
8 perfectly consistent with larger, high density,
9 which is seen here at the river and then moving
10 into the neighborhoods, further into the
11 Riverside district.
12 And, of course, at the top, you can see
13 that overhead view of the
14 Hospital, which is the high density, and then
15 our project is immediately to the right of that.
16 As we go to page 14, we have a colored or
17 artistic site plan. This shows you that there
18 are two buildings: the building to the left,
19 which is called the
20 building to the right is the
21 Building. And you can see in the middle is
22 where the historic house remains.
23 And you must understand, as you review this
24 project, that we've been sort of handcuffed with
25 the edict that the house not move, yet we've
Diane M.
Tropia,
62
1 sought to develop this property.
2 And so while initially we thought that that
3 handcuff was an anchor holding us back, after we
4 went through the administrative process and were
5 denied, we took a step back. We said, how can
6 we work with the community, how can we develop
7 this project in a way that makes sense for the
8 community and still accomplish the goals that we
9 were told through the administrative process,
10 don't move the house.
11 So we designed this project to work in
12 conjunction with the park, with the house. And
13 as we appeared before
14 Preservation, it came -- it became clear that
15 the house is now working in this project as a
16 pocket park more than some anchor, if you will,
17 that's holding it back.
18 The compromise here is that, in keeping the
19 house -- and the reason we wanted the house to
20 be moved in the first place was the fact that it
21 takes up so much space and it's so inefficient,
22 that there are -- it creates challenges with
23 setbacks, lot coverage, density, and parking.
24 And so by this LUZ voting for the house to
25 stay, I think implicit was -- inherent in that
Diane M. Tropia,
63
1 vote to keep the house is that, as the developer
2 seeks to get this property developed, there are
3 going to have to be some compromises. And so
4 we've worked, as I said, over the last nine
5 months specifically on this project with
6 Riverside Avondale Preservation to come up with
7 a plan that accomplishes keeping the house but
8 creates a sensible approach to the two buildings
9 that would be there.
10 And so the way that works out is that there
11 will be entrances to the project, both on
13 enter under the building where there will be
14 parking, and then each side would have less than
15 5,000 feet of retail space on the first floor.
16 The second floors of each building would
17 have three doctors' offices, and the third
18 floors would have three doctors' offices each.
19 So the project has a total of 12 doctors'
20 offices as planned, and then enough room for
21 less than 5,000 feet of retail use on each of
22 the two buildings, and then the house would
23 remain in the middle.
24 We've saved essentially every single tree
25 on the property except for one, which we've
Diane M.
Tropia,
64
1 worked very hard to do, and there are some very
2 large oak trees to be saved.
3 If you flip to page 16, you get a
4 view of the project. Here you can see the
5 entrance, which is two-way. That allows the
6 traffic -- the cars to come in and come out.
7 And then, if you look to the right and to the
8 left of that entrance for traffic, you can see
9 how the cars are parked on the perpendicular.
10 The next page, page 17, shows the
11 Street view, which shows the house, which has
12 been preserved, and the trees. And the canopy
13 is reasonably accurate to reflect the way -- the
14 oak trees that exist today. The smaller oak
15 trees would be planted.
16 I will point out that I also sit on the
17 Riverside Avondale Overlay Committee. And over
18 the last year and a half, we've been working to
19 design
overlay requirements for the
20 area. And as the requirements have come out of
21 that effort in draft, we've been catching them
22 and baking them into this project. So this
23 project contains all the things that the new
24 overlay will have. And from what I understand,
25 it's more than 90 percent complete and will be
Diane M.
Tropia,
65
1 coming before council for approval in the near
2 future.
3 Some of the things that you see in the
4 project -- which are examples of things that
5 were put in because of the overlay -- are the
6 smaller trees. There's a requirement that you
7 have one tree for every three parking spaces on
8 street. So, unfortunately, that requires the
9 emanation of a certain number of parking spaces
10 to accomplish that goal. We've done that.
11 We're sort of agnostic to the parking
12 versus the trees at this point for the littler
13 trees. We wouldn't mind seeing more parking
14 spaces, but we also love the fact that we have
15 the trees and the tree-lined street.
16 We also -- on this angle, page 17, you also
17 see the knee wall in the front of the house,
18 which is another requirement of the overlay.
19 And there are many, many others that we have
20 incorporated into the project.
21 Finally, as you turn to page 18, this is
22 just another angle of the southwest corner,
23 which kind of shows you a little bit more detail
24 about the character. There was a lot of
25 discussion about how this project fits in
Diane M.
Tropia,
66
1 conjunction with the historic homes that are
2 in -- that are now used as offices in this area
3 and the transition between them, and so we
4 worked really hard to create softening elements,
5 like balconies, trellis, vines, foliage, and so
6 forth.
7 Also, from this view, you can see some of
8 the other elements of the overlay requirements,
9 such as the articulated facades and the
10 second-story or third-story overhangs, the
11 parapet roofs, and the different coloration, as
12 well as some of the requirements for the
13 storefronts. These are all things that came
14 about as a result of the overlay.
15 Finally, on pages 19 and 20, you see the
16 raw footprint for the retail on page 19, and
17 then how the three doctors' offices would lay
18 out -- the proposed doctors' offices would lay
19 out in each of the two buildings.
20 I thank you for your attention and
21 certainly will be available for questions, and I
22 hope for the opportunity for a brief response
23 from anyone that appears in opposition.
24 THE CHAIRMAN: Thank you, Mr. Rubin.
25 MR. RUBIN: Thank you.
Diane M.
Tropia,
67
1 THE CHAIRMAN: I have three other speaker
2 cards. The first one is John Winkler, followed
3 by Bill Lee, followed by Jordan Logue.
4 (Audience member approaches the podium.)
5 THE CHAIRMAN: Good evening.
6 AUDIENCE MEMBER: Honorable Councilmembers,
7 John Winkler,
8 I note that I have submitted two letters,
9 one dated yesterday and another one dated today
10 as well that will go into more detail on the
11 points that I would like to make right now.
12 Mr. Rubin was correct in stating that the
13
14 approved the COA. That was based, however, on a
15 height of 45 feet. When he subsequently amended
16 his PUD application to 35 feet, he did not
17 change the elevations that are included in the
18 packets that you have. Those elevations reflect
19 a 45-foot occupied height.
20 I would submit that the PUD needs a new COA
21 approval reflecting the new 35-foot-high
22 elevations that have not been prepared since
23 Mr. Rubin's elevations are not accurate.
24 Far more disturbing to me and to some
25 others is that there are only 69 parking spaces
Diane M.
Tropia,
68
1 and three
2 this PUD; 46 of them are on site, 23 of them are
3 on the street, which is intended to support a
4 total of 61,440 square feet of occupied space.
5 The permitted uses that are included in the
6 PUD application include business office and
7 professional office throughout that entire
8 space.
9 Part 6 calls for two spaces per 500 square
10 feet for either type of office, which means that
11 61,440 square feet would require 246 spaces.
12 Based on the 69 spaces provided, that's a
13 shortfall of 111 parking spaces, not taking into
14 account the additional
15 Again, my letter goes into more detail on
16 that.
17 If the entire project were used for medical
18 offices, we believe that 12 offices at 4,000
19 square feet each could support 38 doctors rather
20 than the number 12. Again, this is in my
21 letter.
22 But also, Planning used a requirement of
23 two staff members per doctor, while the average,
24 nationwide, is more on the order of five
25 employees per doctor, which would lead to
Diane M.
Tropia,
69
1 128 spaces being required by part 6 just for the
2 employee parking.
3 Adding parking for patients, based on three
4 exam rooms under part 6, would add 171 spaces
5 for a total of 299 spaces. Again, now there's a
6 shortfall of over 200 spaces based on what's
7 available.
8 As Mr. Rubin notes, the proposed overlay
9 may be coming. It's not here yet. But even if
10 these requirements of the overlay would reduce
11 this by half, using the 61,440 square feet for
12 office space would require 123 spaces, which is
13 54 more spaces than are available at 69 spaces.
14 As medical offices, the overlay would
15 require roughly 150 spaces, leaving a shortfall
16 of 81 spaces.
17 I believe you should deny the application
18 until it's reduced in size to reflect the
19 69 spaces that are available, that is, to
20 17,000 square feet or, alternatively, require
21 Mr. Rubin to lease to no more than 12 physicians
22 with no more than 24 staff members in order to
23 make the project at least fall under the
24 requirements of the overlay.
25 THE CHAIRMAN: Mr. Winkler, your time has
Diane M.
Tropia,
70
1 expired.
2 MR. WINKLER: Thank you.
3 THE CHAIRMAN: Our next speaker is Bill
4 Lee, followed by Jordan Logue.
5 (Audience member approaches the podium.)
6 THE CHAIRMAN: Good evening.
7 AUDIENCE MEMBER: Good evening,
8 Mr. Chairman, and thanks.
9 And I also hope to have a little more time
10 if needed over the three minutes because this is
11 a complicated matter about parking calculations.
12 And we do oppose.
13 I'm Bill Lee. I'm the director of real
14 estate and property management with
15
16 for 15 years.
17 We do oppose it due to insufficient
18 parking, and we're trying to calculate how
19 many -- what is really the parking
20 calculations. It's confusing. I hope to show
21 you, though, that the calculations are similar
22 to those calculations needed for professional
23 office, which is one space per 250 gross square
24 feet.
25 The first thing that I presented on page 1
Diane M.
Tropia,
71
1 is a family medicine center building that we've
2 recently built a couple of years ago.
3 If you'll look on the site plan, you'll see
4 this building is only one block to the west of
5 the subject property. You'll see that our
6 required parking -- it's in clouded spaces.
7 It's 45,000 square foot, and it's one space per
8 250 square feet. That is a medical office
9 building. It's family practice. There's exam
10 rooms, there's physicians, people come in with
11 their families and they're seen in a clinical
12 environment.
13 Page 2. Right prior to the Planning
14 Commission meeting, I walked around the
15 neighborhood because I really feel that there's
16 at least 150 short spaces here. I wanted to see
17 how many off-site parking spaces there were.
18 I was surprised to see there was not one
19 available within 250 feet of the subject site.
20 There were 41 available up to 500 feet away, and
21 I stopped at that.
22 Page 3. Page 3 is really a survey that I
23 conducted. The intent was to try to find out
24 how many exam rooms each physician used. I
25 happen to know that it's three. I've done this
Diane M. Tropia,
72
1 for 15 years.
2 What it shows, the top seven are
3 single-physician offices. It shows their gross
4 base per square foot. It shows how many doctors
5 there are. Of course, they're single physicians
6 so there will be one. It shows their FTEs, and
7 it shows the number of exam rooms, and you'll
8 see that that totaled -- that averaged to be
9 3.14 per physician.
10 The next list below are the
11 multiple-physician offices in the Dylan and
12 DePaul buildings. These are both medical office
13 buildings on the campus of
14 you'll see the average of all of those combined
15 is 2.68.
16 On the next page -- I rounded that off.
17 The next page is more significant
18 information from MGMA. MGMA is Medical Group
19 Management Association. They're the benchmark
20 for the medical group management profession. Of
21 course, I put a quote there by the chairman so
22 it's a biased quote, but everybody will deal --
23 when they mention health insurance -- I mean
24 medical information, they'll refer to the MGMA
25 book.
Diane M.
Tropia,
73
1 What this shows is the MGMA survey for
2 2007. I picked several categories based on some
3 testimony I've heard. I know this is -- I've
4 heard the urban overlay, so I picked first
5 multispecialty per FTE physicians. It's
6 page 21. And really what that shows, if you can
7 see the gross square feet at 2,307 square feet,
8 it shows an average staff size of 5.49. And I
9 used the three exam rooms. And using the code,
10 parking code for medical offices spaces, one per
11 physician, one-half per employee, and one and
12 one-half per exam room --
13 THE CHAIRMAN: Mr. Lee, your time has
14 expired. But before you leave, if you could for
15 me, compare to what you're telling us here
16 versus what's being opposed.
17 MR. LEE: Well, it's on the bottom page. I
18 mean, right at the bottom of page 4. It shows
19 that we've got one per 250 square feet is what I
20 suggest is needed, just as with our building
21 that we just built. And the calculation -- I
22 believe the staff misinterpreted information
23 submitted by the applicant when the applicant
24 said I expect to build 12 physician offices.
25 I believe -- and hopefully -- forgive me,
Diane M.
Tropia,
74
1 staff, if that's incorrect based on the
2 testimony that I heard -- that staff applied one
3 physician per 4,000 square feet because there's
4 48,000 square feet being developed divided by
5 the 12 that was submitted.
6 So if they're assuming one physician per
7 4,000 square feet -- and I believe they assigned
8 only two employees to that physician in 4,000
9 square feet -- they're really -- they're really
10 in half. They've miscalculated probably in half
11 of what's needed, one per 500 square feet.
12 THE CHAIRMAN: Okay. Can you go back to
13 page 1 for me real quick?
14 On a family medical center you're talking
15 about, my memory was the parking zone on the
16 right of that page, that was existing there
17 now. Does that count as part of the parking for
18 the family medical center, or how is that
19 figured in?
20 MR. LEE: Yes, it does.
21 There's a -- let's see. It indicates in
22 that parking requirement -- there's 224 spaces
23 provided, and we are allocating 184 for that
24 building.
25 THE CHAIRMAN: Okay. Perfect.
Diane M.
Tropia,
75
1 MR. LEE: But page 5 actually indicates on
2 the report the shortage of 150, not calculating
3 the old building that's built in 1904, I think.
4 THE CHAIRMAN: Okay. Thank you.
5 Appreciate it.
6 MR. LEE: Thank you.
7 THE CHAIRMAN: Our next speaker is
8 Logue.
9 (Audience member approaches the podium.)
10 AUDIENCE MEMBER: Good evening.
11 Jordan Logue,
12 I'm here tonight as the chairman of
13 Riverside Avondale Preservation, Incorporated.
14 This project got off to a rocky start. As
15 Mr. Rubin explained, when the house, the Dutch
16 Colonial house was an issue of moving that, and
17 it's a contributing structure to the historic
18 district. And I have to say that once we got
19 past the house and everybody agreed that the
20 house was going to stay, the developer was
21 extremely accommodating in meeting with RAP. He
22 was very cordial. He met with us whenever we
23 wanted to. I can't say that he did everything
24 we wanted, but we never expect that.
25 Our Design Review Committee met with him
Diane M.
Tropia,
76
1 until we got a design that a lot of people
2 liked. Our Zoning Committee met with him until
3 they could almost approve it. And then before
4 it could get to our board, the PUD application
5 was amended. And so there are a few things that
6 the Zoning Committee was recommending approval
7 on, but the facts before us were now different.
8 So that's why RAP, at this point, does not have
9 a position on this particular project.
10 So why am I here if we don't have a
11 position? Well, because we're sort of expected
12 to weigh in on these things. And we explained
13 to Mr. Rubin early on that often we get to no
14 position, and we feel like we're obligated to
15 share that with the council.
16 This is one of those situations where I've
17 got a board full of volunteers. And I guess the
18 harshest accusation that can be made of us is
19 that we're all amateurs, but some on our board
20 like this project and some on our board doesn't
21 like this project. And I stand with my board
22 all the way on this, so that's why we don't have
23 a position on this yet.
24 I don't know what the intent of this
25 committee is. If you were to defer it for two
Diane M.
Tropia,
77
1 weeks, I will commit that I'll get my Zoning
2 Committee back hard at work on this. I will not
3 commit that they'll be any more decisive in two
4 weeks than they are now, but I commit that I'll
5 get them back together and we'll do what we can
6 to get to a decision on this.
7 Thank you very much.
8 THE CHAIRMAN: Thank you.
9 Mr. Rubin, if you'll come back up, I have a
10 question for you before we close the public
11 hearing.
12 (Mr. Rubin approaches the podium.)
13 THE CHAIRMAN: I know you and I have worked
14 on some issues on this that aren't really part
15 of this discussion, and then you heard Mr. Logue
16 say something about deferral.
17 Can you give me your opinion on deferral
18 for a cycle?
19 MR. RUBIN: Well, if Mr. Logue had been
20 able to state with any confidence that he could
21 be in a better position after a deferral than he
22 is now -- and I empathize with the situation
23 he's in. I volunteer as well, as all of you are
24 volunteers in many respects. It's difficult to
25 herd, you know, folks that don't want to be
Diane M.
Tropia,
78
1 herded.
2 But as far as deferral is concerned, I
3 don't know that there's any confidence that
4 we'll accomplish anything in two weeks than we
5 have now. I do know that we've been, you know,
6 diligently pushing forward on this thing for a
7 couple of years. And typically these zoning
8 matters don't take that long before something
9 happens. We've -- as Mr. Logue, we've worked
10 extremely hard with them, and I don't know that
11 the amendments that we made were so significant
12 that it will actually change the opinions that
13 they've already achieved.
14 If I may address those. The -- one of the
15 amendments that we made was after historic --
16 see, the amendment was made because -- for two
17 reasons. Historic Preservation had some
18 conditions. We wanted to bake those conditions
19 into the written description so that we would be
20 in alignment in both venues when the time came.
21 As it turned out, we're happy with the way
22 it came out of Historic Preservation and all
23 that they approved are conditions that we'll be
24 happy to accommodate with.
25 So we tried to then come and put those into
Diane M.
Tropia,
79
1 this written description so that we would come
2 out with two documents that are the same. And
3 the City actually asked us to do it that way,
4 they asked us to go in front of Historic.
5 We filed for the COA and the PUD at the
6 exact same time. The City said, Please go
7 before JHPC, get their approval, then come
8 here.
9 There's only one piece that's not in
10 alignment at this time, and that is, because of
11 the deferment for the overlay in
12 the height limitation in
13 because of the deferment for zoning of a PUD, is
14 35 feet.
15 Historic Preservation has approved this at
16 45 feet. That's of no moment because we're
17 asking you to approve it at 35, and we do that
18 at our own peril. If for some reason the
19 heights never change beyond 35, then we're held
20 to comply with whatever this council approves,
21 and that would be 35 as it stands today.
22 And even in the COA, it requires that if we
23 change our plans, and which would include
24 changing it from 45 to 35, if we were to change
25 our plan, we'd have to go back to JHPC to get
Diane M.
Tropia,
80
1 their approval.
2 So we're not asking you to do anything
3 outside of any rules, any deferrals, any
4 deferments of zoning or moratorium of the
5 overlay and so forth. We're just asking for a
6 simple PUD which meets the requirements, which
7 has been recommended for approval by staff,
8 which has been recommended by the Planning
9 Commission, and we're looking for that approval.
10 Pretty much everyone that's given an
11 opinion on this, other than those that have a
12 vested interest such as
13 I can segue into that response with the
14 Chairman's permission.
15 THE CHAIRMAN: Quickly.
16 MR. RUBIN: With all due respect to Mr. Lee
17 and
18 time a different number as to the appropriate
19 square footage for a doctor's office.
20 When he appeared before council at the
21 reading early last week, it was 1,750 feet.
22 When he appeared before Planning Commission late
23 last week, it was about 1,000 feet. It was
24 1,650 feet. And then today it was about
25 2,200 feet.
Diane M.
Tropia,
81
1 I'd like to offer another exhibit, which is
2 an actual proposed layout of a suite within the
3
4 3,500-square-foot suite with, yes, three exam
5 rooms. And I can state for the record that it's
6 proposed that there will be three staff
7 employees. The number is very consistent with
8 what Mr. Lee said in terms of the requirements
9 for a doctor's office.
10 The difference -- the main difference
11 between what Mr. Lee is talking about is that
12 Mr. Lee is working in an institutional
13 environment. He's working in an environment
14 where he builds buildings for hospitals, where
15 hospitals have doctors that are employees and
16 subcontractors that are working within the
17 hospital and the space is a precious commodity.
18 This is an entrepreneurial Doctors
19 Village. It's a much more upscale venture. So,
20 although Mr. Lee believes that the one doctor
21 per 2,200 square feet in the hospital -- and he
22 quoted DePaul and other buildings which are
23 hospital buildings -- this is
24 These are doctors that are contracting with the
25 developer to lease space. And a 3,200- to
Diane M.
Tropia,
82
1 3,500-square-foot space, which is the range of
2 spaces that we've allocated in this project, is
3 very consistent with other offices in
4
5 And certainly we want to be a leader in
6 this community in providing first-class doctors'
7 spaces so that we can attract the right doctors
8 to this community, and so we've done research
9 not only in
10 country. And after all, we function at the
11 peril of the market. If we provide a space
12 which is insufficient in terms of its size or
13 insufficient in terms of its parking, the market
14 will punish us.
15 But we're here before you today to get
16 something approved that has met approval by
17 everyone who has an opinion. And we'd ask that,
18 given the fact that staff has done extensive
19 research on the parking and concurs that there
20 is sufficient parking for this project in this
21 highly urban area, we think it should be
22 approved.
23 THE CHAIRMAN: Thank you, Mr. Rubin.
24 MR. RUBIN: Thank you, sir.
25 THE CHAIRMAN: Seeing no further speakers,
Diane M.
Tropia,
83
1 the public hearing is closed on -1248.
2 Do I have a motion?
3 MR. WEBB: Move the amendment.
4 THE CHAIRMAN: And do I have a second on
5 the amendment?
6 MR. SHAD: Second.
7 THE CHAIRMAN: A motion and second on the
8 amendment.
9 Planning Department, could you please
10 enlighten us on the amendment.
11 MR. CROFTS: Right. Yes, sir.
12 I will go forward with the original
13 amendment and then we'll modify as we proceed.
14 Condition number 1, "The development shall
15 be subject to the original legal description
16 dated November 12, 2007."
17 Number 2, "The development shall be subject
18 to the revised written description dated
19 December 21, 2007."
20 Number 3, "The development shall be subject
21 to the revised site plan dated December 20,
22 2007."
23 Condition number 4, "The required
24 transportation improvements shall be made in
25 accordance with the Development Services traffic
Diane M.
Tropia,
84
1 review memorandum dated December 10, 2007, or as
2 otherwise approved by the Planning and
3 Development Department."
4 Number 5 begins with "A lighting plan,
5 including fixture types and footcandle
6 illuminations, shall be submitted for the review
7 and approval of the Planning and Development
8 Department at the time of verification of
9 substantial compliance.
10 "Buildings shall be prohibited from being
11 uplit. Side shields and other full cutoff
12 reflectors shall be incorporated into the
13 lighting plan. Illumination levels should not
14 exceed .5 footcandles on the west property
15 line."
16 Condition number 6, "The propose
17 24-square-foot monument sign shall not be
18 permitted. Directional signage shall be limited
19 to four square feet and with no commercial
20 advertising. Awning signs shall be limited to
21 one per occupancy frontage and shall not exceed
22 eight square feet.
23 "In addition, one under-canopy sign per
24 occupancy frontage may be permitted subject to
25 the review and approval of the Planning and
Diane M.
Tropia,
85
1 Development Department. Awning signs and
2 under-canopy signs shall count towards allowable
3 wall signage."
4 Condition number 7, "Medical uses shall be
5 limited to a maximum of 48,000 square feet."
6 Number 8, "Five parking spaces under the
7
8 the
9 medical patients between 7:30 a.m. and
10 5:00 p.m. No under-building parking shall be
11 reserved for doctors or medical staff."
12 Number 9 and finally, "No part of the
13 building, including the parapet, shall exceed
14 45 feet in height."
15 Thank you.
16 THE CHAIRMAN: All right. Thank you,
17 Mr. Crofts.
18 Mr. Kelly.
19 MR. KELLY: Thank you.
20 To the Chair, the department would offer
21 two amendments to the last part. Condition 9
22 that was just read into the record, we would
23 recommend actually striking that language in its
24 entirety, given that the definition of the
25 building height does include the parapet wall.
Diane M. Tropia,
86
1 THE CHAIRMAN: Number 9 or number 10?
2 MR. KELLY: It's number 10 on your letter,
3 but it was modified to be number 9.
4 And so we'd recommend that that condition
5 be stricken because it appears that it conflicts
6 with the zoning deferment legislation that
7 restricts the zoning at 35 feet at this time.
8 So we would just strike it in its entirety and
9 rely on the written description.
10 THE CHAIRMAN: Okay. Mr. Rubin, are you in
11 agreement with striking the new number 9??
12 MR. RUBIN: Yes, sir.
13 THE CHAIRMAN: Okay. Thank you.
14 MR. KELLY: Also, as a separate condition,
15 which I think alleviates part of the concerns
16 with the height, I think we should add a new
17 condition that states, "A parapet shall be
18 included in the calculation of building height,"
19 and I think that would resolve the other
20 outstanding issue on height.
21 THE CHAIRMAN: So that would be a new
22 number 10? Is that what that would be?
23 MR. KELLY: Correct. New condition
24 number 10.
25 THE CHAIRMAN: Mr. Rubin, are you
Diane M.
Tropia,
87
1 comfortable with that?
2 MR. RUBIN: I think that would -- that
3 would -- this is the first I've heard of this
4 one. I think that might create a little
5 confusion. But in the interest of trying to get
6 this resolved, I'm okay with it after second
7 thought.
8 MR. KELLY: I can explain.
9 It matches the intent of what the Planning
10 Commission was trying to accomplish, I think.
11 If we control it as far as just that it's
12 calculated as part of the building height,
13 whatever that height requirement may be, that
14 ultimately it will be consistent with that.
15 THE CHAIRMAN: Mr. Rubin, if you could, a
16 couple of things. One is, I know there's some
17 ongoing discussion with the adjacent neighbor,
18 and one of the conditions we removed had to deal
19 with the adjacent neighbor.
20 I guess my question is, are we better
21 leaving that condition in and pulling it out
22 when this bill gets to council, or are we better
23 leaving it out and putting it back in if
24 agreement is not reached with the adjoining
25 neighbor?
Diane M.
Tropia,
88
1 MR. RUBIN: Although the condition has to
2 do with the adjoining property, I do have a
3 letter from the neighbor that says that he
4 opposes a fence. And that's what the condition
5 was about. So everyone is in agreement that
6 there should be no fence. So I think it's
7 appropriate to pull it out at this time.
8 THE CHAIRMAN: And I'm fine with that.
9 Just for the record, if I'm approached by
10 the adjoining neighbor that that agreement is
11 not there, then I'll probably look at the full
12 council of putting something back in to address
13 that. Just to let you know.
14 MR. RUBIN: Yes, sir.
15 THE CHAIRMAN: The other thing is there's a
16 lot of talk about existing oak trees on the lot,
17 but there's no reference to attempting to save
18 them. I know we've been on this slippery slope
19 before trying to figure out how do you save a
20 tree and you can't really save a tree and all
21 that stuff.
22 I would be more comfortable as a condition
23 that every effort will be made to protect --
24 however you want to phrase the tree canopy. I
25 guess in this particular case, if this bill is
Diane M.
Tropia,
89
1 approved, I don't want to lose a very
2 significant oak tree to pick up one parking
3 space is what I'm trying to --
4 MR. RUBIN: Well, that's certainly
5 consistent with our attempts and our efforts.
6 And so any discussion or conditions that relate
7 to best efforts to try to save trees, I'm
8 absolutely in favor of it.
9 THE CHAIRMAN: All right. Did the Planning
10 Department have a suggestion or can they work on
11 that?
12 MR. KELLY: Through the Chair, in
13 Exhibit E, which is the site plan that's
14 approving this, there's references to an
15 existing 55-inch live oak tree that is really
16 between the north
17
18 That is proposed to be preserved.
19 Additionally, there are large live oaks
20 that front on
21 proposed to be preserved and additional tree
22 plantings that will be incorporated as part of
23 the overall development.
24 I can't quite read out what -- the size of
25 those trees, but we could add some language that
Diane M.
Tropia,
90
1 the existing 55-inch live oak tree and live oak
2 trees abutting the
3 shall be preserved as identified on Exhibit E of
4 the site plan.
5 THE CHAIRMAN: Are you comfortable with
6 that?
7 MR. RUBIN: My only concern would be is if
8 something -- I mean, yes, to try to preserving
9 it, but I can't be an insurer of the tree.
10 THE CHAIRMAN: And seeing Mr. Lee, I know
11 we put similar language in when we did the
12 family medical center building that
13
14 effort -- I think it's "every effort will be
15 made to preserve" was what the language was that
16 I remember.
17 MR. RUBIN: I'm certainly fine with that.
18 The only thing I would want for the record,
19 if a 55-inch tree died and someone said, "Well,
20 you have to replace it," that would be
21 impossible.
22 MR. KELLY: We could allow additional
23 flexibility with certain pervious types of --
24 not pavement, but pervious materials basically
25 around the base of the tree. That could satisfy
Diane M.
Tropia,
91
1 parking as well. So they can have permeable --
2 the water goes down through basically like a
3 turf block, turf pad.
4 THE CHAIRMAN: I'm just more recognizing
5 that they're there and trying to preserve them
6 when possible is what I was trying to accomplish
7 with that.
8 So we'll get language to --
9 Mr. Reingold.
10 MR. REINGOLD: To the Chair, I see the
11 efforts that you're trying to make in terms of
12 preserving those trees, but also providing the
13 flexibility in the event that there's some
14 reason why they can't be preserved.
15 It may be best -- and I know this is
16 consistent with other conditions that this LUZ
17 committee has placed upon applicants -- you can
18 identify the trees. "The developer shall
19 preserve the existing 55-inch live oak tree and
20 those along
21 by the Planning and Development Department" due
22 to, you know, reasons of inability to do so, or
23 we could leave out the end part.
24 But that at least I think puts a little bit
25 more definition to it rather than "the developer
Diane M.
Tropia,
92
1 shall make all efforts." And then we kind of
2 get to a debate later on, possibly a year or two
3 from now, well, what was the best effort?
4 Should they have done this or that? That way at
5 least we identify now what the trees are and
6 then --
7 THE CHAIRMAN: Yeah, I don't want this
8 issue to come back to the council over a tree,
9 so I will be supportive of the Planning and
10 Development Department having jurisdiction over
11 that. That's fine.
12 So if you can work on that language and get
13 it to the applicant, I would appreciate it.
14 MR. KELLY: To the Chair, if I could offer
15 the amendment.
16 "Protected trees shall be preserved to the
17 extent that it's reasonably practical for the
18 site and as shown on Exhibit E, subject to
19 review and approval of the Planning and
20 Development Department."
21 THE CHAIRMAN: Okay. That's fine.
22 MR. RUBIN: No objection.
23 THE CHAIRMAN: Okay. That will be added in
24 as one of the conditions that we're considering
25 as far as the amendment.
Diane M.
Tropia,
93
1 With all those conditions, I'm comfortable
2 with the amendment and want to move forward.
3 All in favor of the amendment signal by
4 saying aye.
5 COMMITTEE MEMBERS: Aye.
6 THE CHAIRMAN: All opposed.
7 COMMITTEE MEMBERS: (No response.)
8 THE CHAIRMAN: The amendment carries.
9 MR. WEBB: Move the bill as amended.
10 MR. SHAD: Second.
11 THE CHAIRMAN: A motion and second on the
12 bill as amended.
13 And it's interesting, this is in my
14 district, as I'm sure you all know by now. I
15 think this is a great looking project. I really
16 am pleased at the effort that the applicant has
17 put in to get this project to this point. And
18 I've been on the board of RAP, so I understand
19 the quandary that RAP is in when they discuss
20 this.
21 I do have some concern when it comes to the
22 height that was approved originally, but I think
23 that the applicant has done a good job of making
24 that where he's handcuffed himself to be able to
25 do that.
Diane M.
Tropia,
94
1 So I still have some reservations. I guess
2 the size of it is still a reservation of mine,
3 but then the other part I look at is if we don't
4 approve this, what could be allowed to go
5 there. I mean, is a pharmacy store there better
6 than what we're proposing here that has no
7 character at all? So I'm struggling immensely.
8 I guess if I can get the committee to --
9 the thing that keeps coming back to me is -- if
10 you look at page 4 of the handout that Mr. Rubin
11 gave you, I look at page 1, the cover. You see
12 the gray house? That's the existing house that
13 we passed legislation about before.
14 If you look on page 4 and see that on that
15 diagram, that 7,500 square foot, that's the
16 house, that's the existing house that will stay
17 there and be preserved by Mr. Rubin.
18 Page 5 is the picture of the house,
19 correct?
20 MR. RUBIN: Actually, through the Chair,
21 the 7,500 is the square footage of the lot.
22 THE CHAIRMAN: The lot. Okay. That's
23 fine. So the lot.
24 Thank you, Mr. Rubin, for clarifying that.
25 But look at that house and you look at the
Diane M.
Tropia,
95
1 picture on page 5, how big that house is --
2 well, go back to page 1.
3 What we're talking about building here is
4 just absolutely dwarfing a pretty big house, and
5 that kind of is the concern that I have. But
6 it's a good project, and I hate not to approve
7 the project, so --
8 MR. WEBB: (Inaudible.)
9 THE CHAIRMAN: Yeah, this drawing shows a
10 45-foot height. That's what's approved by the
11 preservation commission. If we approve this,
12 he's going to have to go back to the
13 preservation commission to lower the height. He
14 doesn't lower the size of the height but lowers
15 the height down ten points.
16 And I talked to Mr. Rubin earlier about it,
17 and he said what he does, if the 35 feet --
18 he'll take a foot or two off each floor and
19 reduce that angle of the parapet on the top, so
20 that kind of gives you an idea of what he'll
21 have to do.
22 So I'm in a quandary. I actually don't
23 think it's a bad project at all, but I'm still
24 having some reservations about it.
25 Councilmember Clark.
Diane M.
Tropia,
96
1 MR. CLARK: Thank you, Mr. Chairman.
2 We've had a number of these in your
3 district that we -- and, you know, I'm beginning
4 to understand the nature. I mean, your district
5 is kind of in the heart of redevelopment right
6 now on San Marco, been going for a while, so I'm
7 sure Art is a little more up on it.
8 It seems to me like what we keep doing in
9
10 up, and we've done it. And I can tell you, just
11 going down there and trying to park at any time
12 of day is a monumental feat.
13 And I don't see that they're going to come
14 anywhere near the amount of parking they're
15 going to use, which is going to -- I mean, we're
16 just exacerbating a problem. You know, I get
17 the hospital coming down here. It's one of the
18 best neighbors anybody could ever hope to have,
19 who would seem to me would want a place for
20 their physicians to have an office next door if
21 they so chose.
22 And if they're not in favor for it, some --
23 there's just one too many red flags for me. I
24 can't say whether or not it's going to -- it
25 would or wouldn't work. The market would
Diane M.
Tropia,
97
1 determine that. But there's just one too many
2 red flags for me, so I'm probably not going to
3 be able to support it.
4 THE CHAIRMAN: You share my struggle is
5 what you're doing. And I have fear, if this
6 project isn't approved, what will come there.
7 And that's a big fear of mine, and that's why I
8 have so much reservation.
9 MR. CLARK: On that note, I -- let's, for
10 argument sake, say a pharmacy does want to go
11 there or it's a CVS, or even if it's a big box,
12 there is absolutely nothing that I -- I mean, I
13 would imagine we could hold them to some pretty
14 strict architectural standards, if we so chose,
15 if that was our true concern. And I would
16 imagine they would want to be good neighbors as
17 well. It would make -- if they want people to
18 use their facility, they're going to want it to
19 blend and they're going to want to be part of
20 the neighborhood.
21 THE CHAIRMAN: That's a good point. I can
22 tell you for sure what's going to happen is
23 they're going to have to follow the same process
24 that Mr. Rubin did. They're going to have to go
25 to the Historic Preservation Commission.
Diane M.
Tropia,
98
1 The best comparative is the Walgreens on
2 the corner of Park and King. That was prior to
3 the designation. It looks like a (inaudible).
4 Now they're trying to go back and be much more
5 fitting with the neighborhood.
6 Councilmember Webb.
7 MR. WEBB: Thank you, Mr. Chair.
8 I hear Richard's concerns with regard to
9 parking. But, you know, what we hear is --
10 quite often is that we have an obligation, but
11 there should be certain deference to the
12 professionals employed by staff, and the
13 Planning Department has approved it with the
14 amendments.
15 I would tend to defer to them with regard
16 to that. You know, I share your concerns as
17 well. It seems -- I'm sorry.
18 MR. CLARK: (Inaudible.)
19 MR. WEBB: I do. I do appreciate the fact
20 that there's been a lot of dialogue with the
21 developers and the community as well, and
22 Riverside Preservation has not taken a position
23 adverse to it.
24 So, I mean, I share your struggles with it
25 as well, but I would be more inclined to support
Diane M.
Tropia,
99
1 it than to oppose it.
2 THE CHAIRMAN: Okay. I don't have any
3 other speakers on my queue, so let's open the
4 ballot and record the vote.
5 (Committee ballot opened.)
6 MR. WEBB: (Votes yea.)
7 MR. SHAD: (Votes yea.)
8 MR. CLARK: (Votes nay.)
9 MR. CORRIGAN: (Votes nay.)
10 MR. YARBOROUGH: (Votes nay.)
11 (Committee ballot closed.)
12 MS. LAHMEUR: Two yeas, three nays.
13 THE CHAIRMAN: By your action, it stays in
14 committee.
15 Mr. Reingold, you want to clarify that for
16 me?
17 MR. REINGOLD: (Inaudible.)
18 (Inaudible discussion.)
19 MR. WEBB: Motion to reconsider.
20 MR. CLARK: Second.
21 THE CHAIRMAN: A motion and second to
22 reconsider.
23 All in favor of reconsideration signal by
24 saying aye.
25 COMMITTEE MEMBERS: Aye.
Diane M.
Tropia,
100
1 THE CHAIRMAN: All opposed.
2 COMMITTEE MEMBERS: (No response.)
3 THE CHAIRMAN: That motion carries.
4 MR. YARBOROUGH: Move the bill.
5 MR. CLARK: Second.
6 THE CHAIRMAN: I have a motion and a
7 second. It's been amended.
8 Seeing no discussion, open the ballot,
9 record the vote.
10 (Committee ballot opened.)
11 MR. WEBB: (Votes yea.)
12 MR. CLARK: (Votes nay.)
13 MR. CORRIGAN: (Votes nay.)
14 MR. SHAD: (Votes nay.)
15 MR. YARBOROUGH: (Votes nay.)
16 (Committee ballot closed.)
17 MS. LAHMEUR: One yea, four nays.
18 THE CHAIRMAN: By your action, you've
19 denied 2007-1248.
20 Thank you, Mr. Shad. Thank you for getting
21 it out of the committee. We appreciate it.
22 (Mr. Clark exits the proceedings.)
23 THE CHAIRMAN: Item 44, 2007-1249. We'll
24 open that public hearing. We have John Greene.
25 (Audience member approaches the podium.)
Diane M.
Tropia,
101
1 THE CHAIRMAN: Before you start,
2 Mr. Greene.
3 (Discussion held off the record.)
4 THE CHAIRMAN: Okay. We're ready. Thank
5 you, sir. I'm sorry.
6 AUDIENCE MEMBER: Good evening. I'm John
7 Henry Greene. This is my wife Jean. We reside
8 at 12209-1 Caney
9
10 Due to the threats or arbitration decision
11 between my wife and I, she has decided to do the
12 rest of the talking for the night.
13 THE CHAIRMAN: Give me your name and
14 address, please.
15 MR. GREENE: We did. 12209-1 Caney Marsh
16 Court.
17 THE CHAIRMAN: I need hers.
18 AUDIENCE MEMBER: It's the same.
19 THE CHAIRMAN: Okay. Well, just give me
20 your name, then.
21 AUDIENCE MEMBER: Okay. I'm Jean Greene,
22 his wife.
23 Okay. We're here mainly because of -- like
24 seven years ago, a developer approached us to
25 purchase part of our property to build Caney
Diane M.
Tropia,
102
1 Branch
2 promised us stuff that he did not come through
3 with, and here we are. We're having to take
4 care of it.
5 One is the waiver on the road frontage from
6 the 180 to the zero. He put us a place in which
7 he calls actually a lot by city description, and
8 put us a paved part there, but it wasn't legally
9 done as an easement and we're trying to
10 straighten that out.
11 MR. GREENE: Basically we're landlocked.
12 MS. GREENE: Yeah, we're landlocked.
13 And coming up we have another hearing.
14 We're coming to about -- he did not leave us
15 with enough land. And his promise was he would
16 have it fixed so we would be there without any
17 problems.
18 We have two places on our property, one for
19 us. And my father has a place, a trailer right
20 there on the property with us. And he promised
21 us we would be able to do whatever we want with
22 it and no problems, paved road into our
23 driveway, hookup utilities and different stuff,
24 and there's still other stuff he hasn't done for
25 us.
Diane M.
Tropia,
103
1 MR. GREENE: My father-in-law has been out
2 there since 1971, along with my wife. She moved
3 on there back in 1980. So he basically
4 landlocked us and set us up to where --
5 MS. GREENE: We couldn't do anything.
6 MR. GREENE: -- we couldn't do anything.
7 THE CHAIRMAN: We've got to have one at a
8 time. One of you guys speak and finish and then
9 the other one speak. We can't do a tag team.
10 MS. GREENE: Okay. Well, that was
11 basically it. We just wanted you guys to know
12 why we were here. It was just -- I hate to see
13 this done. And I know it happens to other
14 people. You trust developers. They promise you
15 this, that and the other to get what they want,
16 and then it didn't get followed through.
17 And we spent our money, our hundreds to do
18 this when we're going to have to take him to
19 civil court or something to get by. Just wanted
20 you all to be aware that's why we're here.
21 We got some good advice from Ray Holt,
22 helped us out, get hooked up with the right
23 people to tell us how to get this straightened
24 out.
25 THE CHAIRMAN: Thank you.
Diane M.
Tropia,
104
1 Seeing no further speakers, we'll close
2 that public hearing.
3 MR. YARBOROUGH: Move the amendment to
4 grant.
5 MR. SHAD: Second.
6 THE CHAIRMAN: We have a motion to grant --
7 a motion on the amendment to grant and a second.
8 Planning Department.
9 MR. CROFTS: (Indicating.)
10 THE CHAIRMAN: Thumbs up from the Planning
11 Department.
12 Seeing no further details needed from the
13 Planning Department, open the ballot and record
14 the vote.
15 (Committee ballot opened.)
16 MR. CORRIGAN: (Votes yea.)
17 MR. SHAD: (Votes yea.)
18 MR. WEBB: (Votes yea.)
19 MR. YARBOROUGH: (Votes yea.)
20 (Committee ballot closed.)
21 MS. LAHMEUR: Four yeas, zero nays.
22 THE CHAIRMAN: By your action, you've
23 approved 2007-1249.
24 2007-1250. We'll open that public
25 hearing. We have Ms. Paige Johnston.
Diane M.
Tropia,
105
1 (Ms. Johnston approaches the podium.)
2 THE CHAIRMAN: Did we just do the
3 amendment? I'm sorry. Point of order.
4 Hang on one second, Ms. Johnston.
5 (Discussion held off the record.)
6 THE CHAIRMAN: Let's go back.
7 MR. YARBOROUGH: Move the amendment.
8 THE CHAIRMAN: We had a motion and second
9 on the amendment.
10 All in favor of the amendment signal by
11 saying aye.
12 COMMITTEE MEMBERS: Aye.
13 THE CHAIRMAN: All opposed.
14 COMMITTEE MEMBERS: (No response.)
15 THE CHAIRMAN: The amendment carries.
16 Okay. We're -- we'll deem the previous
17 action as action on the bill; is that correct?
18 MR. REINGOLD: That's fine.
19 THE CHAIRMAN: Okay. We are now still on
20 the public hearing for 2007-1250.
21 Ms. Johnston.
22 MS. JOHNSTON: Paige Johnstone, 1301
24 In the interest of time -- it looks like
25 we're all getting a little loopy here. I'm
Diane M.
Tropia,
106
1 feeling a little loopy. I just said that on the
2 record.
3 Diane, maybe you can take that off.
4 Anyway, this is an application for rezoning
5 for the Selva
6 portion of the property that's located in the
7 city of
8 property is
located in the city of
9 Beach. We have already went through the zoning
10 process for the city of
11 gained approval.
12 But this is essentially for redevelopment
13 of the recreational facilities and also to allow
14 for some single-family and multifamily dwellings
15 on the property. The property that's in
16
17 33 single-family dwelling units.
18 And we have the Planning Department's
19 support and support from the Planning
20 Commission, and we would request your support.
21 So I'll stand by for questions.
22 THE CHAIRMAN: All right. I see no
23 questions for Ms. Johnston, so we will close
24 that public hearing.
25 MR. YARBOROUGH: Move the amendment.
Diane M.
Tropia,
107
1 MR. WEBB: Second.
2 THE CHAIRMAN: A motion and second on the
3 amendment to -1250.
4 Seeing no discussion on the amendment, all
5 in favor signal by saying aye.
6 COMMITTEE MEMBERS: Aye.
7 THE CHAIRMAN: All opposed.
8 COMMITTEE MEMBERS: (No response.)
9 THE CHAIRMAN: The amendment carries.
10 MR. YARBOROUGH: Move the bill as amended.
11 MR. SHAD: Second.
12 THE CHAIRMAN: Motion and second on -1250
13 as amended.
14 Seeing no discussion, open the ballot,
15 record the vote.
16 (Committee ballot opened.)
17 MR. CORRIGAN: (Votes yea.)
18 MR. SHAD: (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: You just approved 2007-1250.
24 Page 14, item 47, 2007-1305 is deferred, as
25 well as -1306, -1307, and -1308.
Diane M.
Tropia,
108
1 Page 15, beginning with item 51, the
2 following items are deferred: 2007-1309, -1310,
3 -1311, and -1312.
4 Committee, we're at the bottom of page 15,
5 2007-1340. Another bill that I authored, so
6 that's going to make you happy.
7 I will open that public hearing. We have
8 one speaker, Russell Ervin.
9 (Audience member approaches the podium.)
10 THE CHAIRMAN: You sat here all night, so
11 you might as well come down here and say hi.
12 AUDIENCE MEMBER: Russ Ervin, 1035 Kings
13 Avenue.
14 Be glad to answer any questions. I'm
15 available.
16 THE CHAIRMAN: Appreciate it. Thanks for
17 coming down. Thanks for hanging out.
18 MR. ERVIN: Sure.
19 THE CHAIRMAN: I see no further speakers,
20 so we'll continue that public hearing with no
21 further action.
22 Committee members, we're on page 16,
23 item 56, 2007-1341. We'll open that public
24 hearing. We have one speaker, Paige Johnston --
25 (Ms. Johnston approaches the podium.)
Diane M.
Tropia,
109
1 THE CHAIRMAN: -- who doesn't like to sit
2 on the front row.
3 MS. JOHNSTON: Paige Johnston, 1301
5 This is a development agreement for the
6 Hospice of
7 extension of their facilities that were
8 constructed in 2006, and I'll just stand by for
9 questions.
10 Did you call me for the wrong item?
11 THE CHAIRMAN: Well, thank you. If you'll
12 just stand there for about ten seconds.
13 MS. JOHNSTON: Okay.
14 THE CHAIRMAN: There are no speakers for
15 -1341. I apologize for the mistake.
16 We'll close the public hearing.
17 MR. YARBOROUGH: Move the bill.
18 MR. WEBB: Second.
19 THE CHAIRMAN: We've got a motion and a
20 second on -1341.
21 Open the ballot, record the vote.
22 (Committee ballot opened.)
23 MR. CORRIGAN: (Votes yea.)
24 MR. SHAD: (Votes yea.)
25 MR. WEBB: (Votes yea.)
Diane M.
Tropia,
110
1 MR. YARBOROUGH: (Votes yea.)
2 (Committee ballot closed.)
3 MS. LAHMEUR: Four yeas, zero nays.
4 THE CHAIRMAN: You just approved 2007-1341.
5 Hey, kids, we're on 2007-1342 now. And
6 we'll open that public hearing, and we have
7 Paige Johnston here.
8 MS. JOHNSTON: Paige Johnston, 1301
10 applicant.
11 This is a request for a development
12 agreement
for the Hospice of
13 to allow for an extension of their facility that
14 was approved in 2006, and I'm going to stand by
15 for questions.
16 THE CHAIRMAN: Thank you, Paige.
17 Appreciate your patience.
18 Seeing no further speakers, that public
19 hearing is closed.
20 MR. YARBOROUGH: Move the bill.
21 MR. SHAD: Second.
22 THE CHAIRMAN: A motion and second on
23 2007-1342.
24 I don't see any speakers, but I will tell
25 you that this is a great addition for this side
Diane M.
Tropia,
111
1 of town. I go by it all the time, and it is
2 really a phenomenal facility. I'm looking
3 forward to its future growth.
4 So open the ballot, record the vote.
5 (Committee ballot opened.)
6 MR. CORRIGAN: (Votes yea.)
7 MR. SHAD: (Votes yea.)
8 MR. WEBB: (Votes yea.)
9 MR. YARBOROUGH: (Votes yea.)
10 (Committee ballot closed.)
11 MS. LAHMEUR: Four yeas, zero nay.
12 THE CHAIRMAN: You just approved 2007-1342.
13 MS. JONES: Thank you. And you all have a
14 good night.
15 THE CHAIRMAN: Thank you.
16 Item 58, 2007-1343. We'll open that public
17 hearing.
18 We have one speaker, William Li.
19 (Audience member approaches the podium.)
20 AUDIENCE MEMBER: Li (pronouncing).
21 THE CHAIRMAN: Excuse me, William.
22 AUDIENCE MEMBER: No problem.
23 William Li, 245 Riverside, here on behalf
24 of the owner, Demetree Properties.
25 This extends the duration of the
Diane M.
Tropia,
112
1 development agreement for five years, until
2 2012. The Planning Department has recommended
3 approval.
4 I'm just here for any questions.
5 THE CHAIRMAN: All right. Seeing no
6 questions, we'll close that public hearing.
7 MR. WEBB: Move the bill.
8 MR. YARBOROUGH: Second.
9 THE CHAIRMAN: Motion and second on -1343.
10 Open the ballot, record the vote.
11 (Committee ballot opened.)
12 MR. CORRIGAN: (Votes yea.)
13 MR. SHAD: (Votes yea.)
14 MR. WEBB: (Votes yea.)
15 MR. YARBOROUGH: (Votes yea.)
16 (Committee ballot closed.)
17 MS. LAHMEUR: Four yeas, zero nays.
18 THE CHAIRMAN: You just approved 2007-1343.
19 2007-1344. We'll open that public
20 hearing. We have Randy Gallup.
21 (Audience member approaches the podium.)
22 THE CHAIRMAN: Good evening.
23 AUDIENCE MEMBER: Good evening. Randy
24 Gallup,
25 I'm here this evening on behalf of the
Diane M.
Tropia,
113
1 developer for the request of the amendment to
2 the development agreement.
3 THE CHAIRMAN: All right. I don't see any
4 questions for Mr. Gallup, so we'll close that
5 public hearing.
6 MR. GALLUP: Thank you.
7 MR. YARBOROUGH: Move the bill.
8 MR. WEBB: Second.
9 THE CHAIRMAN: A motion and second on
10 -1344.
11 Open the ballot, record the vote.
12 (Committee ballot opened.)
13 MR. CORRIGAN: (Votes yea.)
14 MR. SHAD: (Votes yea.)
15 MR. WEBB: (Votes yea.)
16 MR. YARBOROUGH: (Votes yea.)
17 (Committee ballot closed.)
18 MS. LAHMEUR: Four yeas, zero nays.
19 THE CHAIRMAN: By your action, you just
20 approved 2007-1344.
21 2007-1345. We'll open that public
22 hearing.
23 We have one speaker card, it's Randy
24
25 MR. GALLUP: Good evening.
Diane M.
Tropia,
114
1 Randy Gallup, 2823 Alaskan Way, here on
2 behalf of the developer to answer any questions
3 in reference to the development agreement
4 amendment.
5 THE CHAIRMAN: All right. Seeing no
6 questions, we'll close that public hearing.
7 MR. GALLUP: Thank you. Have a good
8 evening.
9 MR. SHAD: Move the bill.
10 MR. WEBB: Second.
11 THE CHAIRMAN: Thank you.
12 Motion and second on -- we haven't voted
13 yet; don't run away yet -- 2007-1345.
14 Seeing no speakers, open the ballot and
15 record the vote.
16 (Committee ballot opened.)
17 MR. CORRIGAN: (Votes yea.)
18 MR. SHAD: (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 did
24 approve 2007-1345.
25 2007-1346. Open that public hearing. Our
Diane M.
Tropia,
115
1 speaker is Michael Oassis.
2 (Audience member approaches the podium.)
3 THE CHAIRMAN: Is it Oassis?
4 AUDIENCE MEMBER: It's Cassis.
5 Michael Cassis,
6 I'm here on behalf of the owners for the
7 development agreement, and questions.
8 THE CHAIRMAN: All right. Seeing no
9 questions, we will close that public hearing.
10 MR. YARBOROUGH: Move the bill.
11 MR. WEBB: Second.
12 THE CHAIRMAN: A motion and second on
13 -1347.
14 Open the ballot, record the vote.
15 (Committee ballot opened.)
16 MR. CORRIGAN: (Votes yea.)
17 MR. SHAD: (Votes yea.)
18 MR. WEBB: (Votes yea.)
19 MR. YARBOROUGH: (Votes yea.)
20 (Committee ballot closed.)
21 MS. LAHMEUR: Four yeas, zero nays.
22 THE CHAIRMAN: By your action, you've
23 approved 2007-1347.
24 MR. CASSIS: Thank you.
25 THE CHAIRMAN: Thank you, Mr. Cassis.
Diane M.
Tropia,
116
1 -46. Excuse me.
2 2007-1347. We'll open that public
3 hearing. We have one speaker, Mr. Tom Ingram.
4 (Mr. Ingram member approaches the podium.)
5 MR. INGRAM: Good evening.
6 Tom Ingram,
7 400, and I'm here to answer any questions you
8 may have on this application.
9 THE CHAIRMAN: Seeing no questions for
10 Mr. Ingram, we'll close that public hearing.
11 MR. WEBB: Mr. Chairman, (inaudible).
12 THE CHAIRMAN: Yes, you should.
13 Councilmember Webb.
14 MR. WEBB: Thank you very much.
15 Last week I had a conversation with Carl
16 Hanson, who is a representative of Flagler
17 Development, regarding the merits of this
18 extension.
19 Thank you.
20 THE CHAIRMAN: Thank you.
21 Any questions for Mr. Webb?
22 MR. YARBOROUGH: Move the bill.
23 MR. WEBB: Second.
24 THE CHAIRMAN: Seeing none, we have a
25 motion and a second on -1347.
Diane M.
Tropia,
117
1 Seeing no discussion, open the ballot,
2 record the vote.
3 (Committee ballot opened.)
4 MR. CORRIGAN: (Votes yea.)
5 MR. SHAD: (Votes yea.)
6 MR. WEBB: (Votes yea.)
7 MR. YARBOROUGH: (Votes yea.)
8 (Committee ballot closed.)
9 MS. LAHMEUR: Four yeas, zero nays.
10 THE CHAIRMAN: By your action, you've
11 approved 2007-1347.
12 MR. INGRAM: Thank you.
13 THE CHAIRMAN: 2007-1350. We'll open that
14 public hearing.
15 Seeing no speakers, we'll continue that
16 public hearing with no further action.
17 Ladies and gentlemen and committee members
18 at large, we have gotten to item 64 on our
19 agenda.
20 The following items are all second and
21 rereferred: 2008-11, -20, -21, -22, -23.
22 Continue on page 19, all these item are
23 second and rereferred: 2008-24, -25, -26, and
24 -27.
25 We have reached the end of our agenda.
Diane M.
Tropia,
118
1 Thank you. I appreciate everybody here.
2 We are adjourned.
3 (The above proceedings were adjourned at
4 8:35 p.m.)
5 - - -
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Diane M.
Tropia,
119
1 C E R T I F I C A T E
2
3 STATE OF
4 COUNTY OF DUVAL :
5
6 I, Diane M. Tropia, certify that I was
7 authorized to and did stenographically report the
8 foregoing proceedings and that the transcript is a
9 true and complete record of my stenographic notes.
10 Dated this 20th day of January, 2008.
11
12
13
14 Diane M. Tropia
15
16
17
18
19
20
21
22
23
24
25
Diane M.
Tropia,