1 CITY OF
2 LAND USE AND ZONING
3 COMMITTEE
4
5
6 Proceedings held on Thursday, January 3,
7 2008, commencing at 5:05 p.m., City Hall, Council
8 Chambers, 1st Floor,
9 Diane M. Tropia, a Notary Public in and for the State
10 of
11
12 PRESENT:
13 MICHAEL CORRIGAN, Chair.
CLAY YARBOROUGH, Vice Chair.
14 RICHARD CLARK, Committee Member.
MIA JONES, Committee Member.
15 E. DENISE LEE, Committee Member.
ART SHAD, Committee Member.
16 JACK WEBB, Committee Member.
17
ALSO PRESENT:
18
BILL BISHOP, City Council Member
19 RAY HOLT, City Council Member.
BRAD THOBURN, Director, Planning Dept.
20 JOHN CROFTS, Deputy Director, Planning Dept.
SEAN KELLY, Planning and Development Dept.
21 KEN AVERY, Planning and Development Dept.
DYLAN REINGOLD, Office of General Counsel.
22
JESSICA STEPHENS, Legislative Assistant.
23 MERRIANE LAHMEUR, Legislative Assistant.
24 - - -
25
Diane M.
Tropia,
2
1 P R O C E E D I N G S
2 January 3, 2008 5:05 p.m.
3 - - -
4 THE CHAIRMAN: Good evening, everyone.
5 We are about ready to start the Land Use
6 and Zoning Committee meeting for Thursday,
7 January 3rd, a rare Thursday night Land Use and
8 Zoning Committee meeting.
9 We do have a new procedure, a policy in
10 effect based on some legislation passed by the
11 council at the last meeting last year, which is
12 in regards to lobbyist registration.
13 If you are here tonight to speak on a bill
14 and you have a financial gain in the bill,
15 either paid directly by a corporation or entity
16 or the lobby or will have a financial gain, you
17 must fill out a lobbyist registration form prior
18 to speaking.
19 The forms are located right over here on
20 that side. So please make sure you come up and
21 fill it out and turn it in to the basket so we
22 can have it on the record prior to your speaking
23 tonight.
24 If you are writing it when I call your name
25 and have not finished writing it, I understand
Diane M.
Tropia,
3
1 that and will allow you to speak and then
2 continue to write, but you must have it turned
3 in or at least started prior to you speaking
4 tonight.
5 That will be a regular thing here at the
6 City Council. So if you can pass it on to your
7 friends and neighbors and let them know if
8 they're coming down here and they're to be
9 compensated or have a financial gain, that they
10 need to register with the City.
11 We appreciate it.
12 If you'd like to do it ahead of time, you
13 can always contact Cheryl Brown, our council
14 director, and she'll be happy to help you with
15 that process. We appreciate your cooperation.
16 Okay. We're ready to get started. Let me
17 let everybody know the committee members that
18 are here tonight. We have Councilmember Webb,
19 Councilwoman Lee, Councilman Clark. I'm
20 Chairman Michael Corrigan. We have
21 Vice Chairman Clay Yarborough, and we have
22 Councilmember Art Shad. Councilwoman Mia Jones
23 should be joining us shortly.
24 We have a number of bills tonight to take
25 up. A number of you may be here for item number
Diane M.
Tropia,
4
1 54, located on page 16, which is the Craig Field
2 extension. I will tell you that that will be
3 taken up towards the end of our action items on
4 our agenda tonight and will be the last item we
5 take up. We do not anticipate a heavy burden
6 before that, but we want to make sure that we
7 allocate plenty of time for that issue to be
8 heard, so it will be taken up at the end of our
9 agenda.
10 We do have a visiting councilmember, former
11 councilmember, that's here with us tonight that
12 I saw on the way in, Councilmember
13 Warren Alvarez. I believe Councilmember
14 Warren Alvarez had an item. Out of respect for
15 him, in his adjustment to retirement, so he can
16 feel like he's still involved in the council
17 process, committee members, let's go to page 12
18 and take up his item first.
19 It's page 12, item 39, 2007-1193. We will
20 open that public hearing.
21 Seeing no speaker cards on -1193, we will
22 close that public hearing.
23 MR. CLARK: Move the bill.
24 MR. YARBOROUGH: Second.
25 THE CHAIRMAN: I have a motion and second
Diane M.
Tropia,
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1 on 2007-1193.
2 Seeing no discussion on that bill, open the
3 ballot and record the vote.
4 (Committee ballot opened.)
5 MR. CORRIGAN: (Votes yea.)
6 MR. CLARK: (Votes yea.)
7 MS. LEE: (Votes yea.)
8 MR. SHAD: (Votes yea.)
9 MR. WEBB: (Votes yea.)
10 MR. YARBOROUGH: (Votes yea.)
11 (Committee ballot closed.)
12 MS. LAHMEUR: Six yeas, zero nays.
13 THE CHAIRMAN: By your action, you have
14 approved 2007-1193.
15 Councilman Alvarez, always a pleasure to
16 see you. Come back and see us often. You can
17 stay tonight if you'd like.
18 MR. ALVAREZ: My condolences.
19 THE CHAIRMAN: For those in the audience
20 that don't know, Councilmember Alvarez was a
21 standing councilmember on the LUZ Committee for
22 a number of years. It's great to see him back
23 here tonight.
24 Okay. Let's go back to the front and go
25 through a number of items that are going to be
Diane M.
Tropia,
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1 deferred or rereferred.
2 We'll begin with item number 1, 2005-718.
3 We'll open that public hearing.
4 Seeing no speakers, we'll continue that
5 public hearing with no further action.
6 Items 2 and 3, 2005-1161 and 2005-1228, are
7 both deferred.
8 Top of page 3, item 2005-1399. We'll open
9 that public hearing.
10 Seeing no speakers, we'll continue that
11 public hearing until January 15th with no
12 further action.
13 Item 5 and 6, 2006-24 and 2006-220, are
14 both deferred.
15 Bottom of page 3, 2006-360. We'll open
16 that public hearing.
17 Seeing no speakers, we'll continue that
18 public hearing on May 6th, 2008.
19 Top of page 4, 2006-520 is deferred.
20 Item 9, 2006-658. We'll open that public
21 hearing.
22 Seeing no speakers, we'll continue that
23 public hearing until April 1st.
24 Item 10, 2007-144. We'll open that public
25 hearing.
Diane M.
Tropia,
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1 Seeing no speakers, we'll continue that
2 public hearing till -- continued till March
3 4th.
4 Item 11, 2007-145. We'll open that public
5 hearing.
6 Seeing no speakers, we'll continue that one
7 till March 4th.
8 Top of page 5. Item 12, 2007-384, is
9 deferred.
10 Item 13, 2007-566. We'll open that public
11 hearing.
12 Seeing no speakers, we'll close that public
13 hearing.
14 MR. CLARK: Move the bill.
15 THE CHAIRMAN: I have a motion.
16 Do I have a second on the bill?
17 MR. WEBB: Second.
18 THE CHAIRMAN: Motion and second on
19 2007-566.
20 MS. LEE: (Inaudible.).
21 THE CHAIRMAN: It's number 13 on the
22 agenda.
23 Seeing no speakers, open the ballot and
24 record the vote.
25 (Committee ballot opened.)
Diane M.
Tropia,
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1 MR. CORRIGAN: (Votes yea.)
2 MR. CLARK: (Votes yea.)
3 MS. LEE: (Votes yea.)
4 MR. WEBB: (Votes yea.)
5 MR. YARBOROUGH: (Votes yea.)
6 (Committee ballot closed.)
7 MS. LAHMEUR: Five yeas, zero nays.
8 THE CHAIRMAN: By your action, you have
9 just approved 2007-566.
10 Item 14, 2007-578. We'll open that public
11 hearing. We have no speakers, but we do have
12 Margo Moehring from the Planning Department.
13 This is a semiannual text amendment
14 concerning coastal high hazard and hurricane
15 evacuation.
16 Is Ms. Moehring here or is she -- she's not
17 in the room. We're going to hold off on that
18 one. We'll get back to that one in a few
19 minutes.
20 Mr. Crofts, you can let me know when she
21 gets here. We'll go back to it.
22 MR. CROFTS: Yes, sir.
23 THE CHAIRMAN: Committee members, turn with
24 me to the top of page 6. 2007-581 is deferred.
25 (Ms. Jones enters the proceedings.)
Diane M.
Tropia,
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1 THE CHAIRMAN: 2007-659. We'll open that
2 public hearing.
3 Seeing no speakers, we'll continue that
4 public hearing.
5 Item 17 and 18, 2007-803 and 2007-835, are
6 both deferred.
7 We are on the top of page 7, 2007-919. We
8 have -- we will -- this is an appeal. We're
9 going to follow the standard appeal process
10 we've been using in this committee. We
11 typically allow ten minutes to each side, unless
12 Councilmember Holt has additional information on
13 that.
14 Is that okay with you?
15 MR. HOLT: (Inaudible.)
16 THE CHAIRMAN: If I can call on
17 Councilmember Holt before I open the public
18 hearing.
19 Do you want to open the public hearing
20 first or after?
21 MR. HOLT: Go ahead.
22 THE CHAIRMAN: Okay. We're going to open
23 the public hearing. I only have one speaker
24 card, Charles Mann.
25 Mr. Mann, come forward, please.
Diane M.
Tropia,
10
1 (Mr. Mann approaches the podium.)
2 MR. MANN: Mr. Chairman and members of the
3 committee, Charles Mann,
4 representing the landowner.
5 This item has been before you before. It
6 was a height appeal. It was a height appeal to
7 a denied minor modification. It was passed by
8 this committee to raise the height of the
9 building on
10 compromised at this meeting to 42 feet.
11 Since then, in talking with the honorable
12 Councilman Ray Holt, we have decided -- we've
13 asked for it to be rereferred from council back
14 to this committee so that we could adjust the
15 height to 40 feet, which is agreeable to my
16 client.
17 Again, we would appreciate your support on
18 this as we had before.
19 Thank you very much.
20 THE CHAIRMAN: Thank you.
21 Councilmember Holt.
22 I have no further speakers. I'll close the
23 public hearing and call on Councilmember Holt.
24 You can stay seated.
25 MR. HOLT: I just wanted to say that I
Diane M.
Tropia,
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1 agree with Mr. Mann.
2 We had issues with this and we have worked
3 through them, and I feel like this is probably
4 the best compromise we can come to at 40 feet.
5 So I'm not going to oppose this at this point,
6 and I would appreciate if the committee would
7 support it.
8 Thank you.
9 THE CHAIRMAN: Okay. So based on that,
10 what I hear you saying is you would support an
11 amendment to change the maximum height to
12 40 feet and grant the appeal?
13 MR. HOLT: Forty feet (inaudible).
14 MR. MANN: Yes, sir, that's correct.
15 THE CHAIRMAN: Do I have a motion?
16 MR. YARBOROUGH: Move it.
17 MR. CLARK: Second.
18 THE CHAIRMAN: I have a motion and second
19 on the amendment. All in favor of the amendment
20 signify 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. YARBOROUGH: Move the bill as amended.
Diane M.
Tropia,
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1 MS. JONES: Second.
2 THE CHAIRMAN: Motion and second on
3 2007-919 as amended.
4 Seeing no discussion, open the ballot and
5 record the vote.
6 (Committee ballot opened.)
7 MR. CORRIGAN: (Votes yea.)
8 MR. CLARK: (Votes yea.)
9 MS. LEE: (Votes yea.)
10 MS. JONES: (Votes yea.)
11 MR. WEBB: (Votes yea.)
12 MR. YARBOROUGH: (Votes yea.)
13 (Committee ballot closed.)
14 MS. LAHMEUR: Six yeas, zero nays.
15 THE CHAIRMAN: By your action, you have
16 approved 2007-919.
17 MR. MANN: Thank you.
18 THE CHAIRMAN: Thank you, Mr. Mann.
19 Councilman Holt, we appreciate you working
20 that out. It was a good job. Thank you.
21 Okay. Item number 20, 2007-928, is
22 deferred. 2007-984 is deferred. 2007-1011 is
23 deferred.
24 We're now on the top of page 8. 2007-1046
25 is deferred. 2007-1047 is deferred.
Diane M.
Tropia,
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1 2007-1048. We'll open that public
2 hearing.
3 Seeing no speakers, we'll continue that
4 public hearing with no further action.
5 Top of page 9, 2007-1051 is deferred.
6 2007-1061. We'll open that public
7 hearing.
8 Seeing no speakers, we'll close that public
9 hearing with no further action.
10 Item 28, 2007-1077. We'll open that public
11 hearing.
12 Seeing no speakers, we'll continue that
13 public hearing with no further action.
14 Committee members, top of page 10,
15 2007-1078 is an accompanying bill to the
16 previous one. We'll open that public hearing.
17 Seeing no further speakers, we'll continue
18 the public hearing with no further action.
19 Item 30, 2007-1083, is deferred.
20 Item 31, 2007-1085. We'll open that public
21 hearing.
22 Seeing no speakers, we will continue that
23 public hearing with no further action.
24 We're on the bottom of page 10, item 32,
25 2007-1086. Open that public hearing.
Diane M.
Tropia,
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1 Seeing no speakers, we'll continue that
2 public hearing.
3 Top of page 11, 2007-1121. We'll open that
4 public hearing.
5 Seeing no speakers, we'll continue that
6 public hearing.
7 Item 34, 2007-1125. Open that public
8 hearing.
9 Seeing no one wishing to speak, we will
10 continue that public hearing with no further
11 action.
12 Item 35, 2007-1126, is deferred.
13 Item 36, 2007-1190. We'll open that public
14 hearing.
15 Seeing no speakers, we'll close that public
16 hearing.
17 We have an amendment.
18 MR. CLARK: Move the amendment.
19 MR. YARBOROUGH: Second.
20 THE CHAIRMAN: A motion and second on the
21 amendment.
22 Mr. Crofts, explain the amendment, please.
23 MR. CROFTS: Mr. Chairman and members of
24 the committee, the amendment consists of five
25 conditions and they are as follows:
Diane M.
Tropia,
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1 Number 1, "The developer shall be subject
2 to the original written description dated
3 October 12th, 2007."
4 Number 2, "The developer shall be subject
5 to the original site plan dated January 10th,
6 2005."
7 Number 3, "The developer shall be subject
8 to the original legal description dated October
9 22nd, 2007."
10 Number 4, "Monument signs shall be at least
11 100 feet apart. Additional wall signs shall
12 comply with section 656.1303, subparagraph C,
13 sub-subparagraph 1 and 2 of the zoning code."
14 Number 5, "The developer shall be subject
15 to the Development Services memorandum dated
16 October 31st, 2007, the Transportation Planning
17 Division memorandum dated November 14th, 2007,
18 and the Florida Department of Transportation
19 letter dated March 11th, 2007, or as otherwise
20 approved by the Planning and Development
21 Department."
22 Thank you, sir.
23 THE CHAIRMAN: Thank you.
24 Any questions on that report?
25 COMMITTEE MEMBERS: (No response.)
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
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1 THE CHAIRMAN: Seeing no discussion on the
2 amendment, all in favor of the amendment signify
3 by saying aye.
4 COMMITTEE MEMBERS: Aye.
5 THE CHAIRMAN: All opposed.
6 COMMITTEE MEMBERS: (No response.)
7 THE CHAIRMAN: The amendment carries.
8 MR. WEBB: Move the bill as amended.
9 MS. LEE: Second.
10 THE CHAIRMAN: I have a motion and second
11 on 2007-1190 as amended.
12 Councilmember Webb.
13 MR. WEBB: I just need to disclose ex-parte
14 communication on December 5th at 1 p.m. I had
15 an approximately 30-minute meeting with
16 Susan Green, who's an agent for the developer.
17 Thank you.
18 THE CHAIRMAN: Thank you.
19 Any questions for Councilmember Webb?
20 COMMITTEE MEMBERS: (No response.)
21 THE CHAIRMAN: Seeing none and seeing no
22 other discussion on the bill, open the ballot
23 and record the vote.
24 (Committee ballot opened.)
25 MR. CORRIGAN: (Votes yea.)
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
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1 MR. CLARK: (Votes yea.)
2 MS. LEE: (Votes yea.)
3 MS. JONES: (Votes yea.)
4 MR. WEBB: (Votes yea.)
5 MR. YARBOROUGH: (Votes yea.)
6 (Committee ballot closed.)
7 MS. LAHMEUR: Six yeas, zero nays.
8 THE CHAIRMAN: By your action, you have
9 approved 2007-1190.
10 Committee members and members of the
11 audience, turn to the top of page 12,
12 2007-1191. We'll open that public hearing.
13 We have -- seeing no speakers, we will
14 continue that public hearing with no further
15 action.
16 Item 38, 2007-1192. We'll open that public
17 hearing. We have two speakers. We have
18 Ms. Penny Thompson and Mr. Mack McCuller.
19 (Audience member approaches the podium.)
20 AUDIENCE MEMBER: Good afternoon,
21 Mr. Chairman.
22 Mack McCuller, 225 Water Street,
23 representing Shands Jacksonville Foundation.
24 Penny Thompson is here. You can ask any
25 questions of her if you'd like, but we're here
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
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1 to answer any questions.
2 I would say this is a conventional rezoning
3 of three residential lots in the Springfield
4 area to accommodate a medical clinic, hospital
5 use, and is on a PBF underlying land use. All
6 surrounding it is PBF zoning. So it's a fairly
7 straightforward application.
8 I'll be here to answer any questions.
9 THE CHAIRMAN: Thank you.
10 Ms. Thompson, do you want to speak or just
11 questions only?
12 MS. THOMPSON: No. I would just add that
13 if there are any questions, I'd be happy to
14 answer them.
15 THE CHAIRMAN: Give me your address for the
16 record, please.
17 MS. THOMPSON: Penny Thompson, vice
18 president of public affairs, Shands
19 Jacksonville.
20 THE CHAIRMAN: Thank you.
21 Councilwoman Jones.
22 MS. JONES: I'd just like to declare
23 ex-parte communications with Ms. Thompson this
24 afternoon immediately following the LUZ agenda
25 meeting. I don't remember what time it was, but
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
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1 it was in the conference room.
2 THE CHAIRMAN: Okay. Councilmember
3 Yarborough.
4 MR. YARBOROUGH: Thank you, Mr. Chairman.
5 Also ex-parte with Ms. Thompson this
6 afternoon in my office at 4:30 to discuss the
7 classification of the rezoning.
8 Thank you.
9 THE CHAIRMAN: Thank you.
10 Councilmember Webb.
11 MR. WEBB: Thank you, Mr. Chairman.
12 As well, I'd like to disclose ex-parte
13 communication with Ms. Thompson at approximately
14 4 o'clock this afternoon in my office.
15 THE CHAIRMAN: Thank you.
16 Councilmember Clark.
17 MR. CLARK: Yes. I'd also like to say that
18 I had a conversation with Ms. Thompson this
19 afternoon in my office.
20 THE CHAIRMAN: Thank you very much.
21 That is all the ex-parte I see.
22 Oh, I'm sorry. Councilmember Lee.
23 MS. LEE: I received a call as well. I
24 have a question, though, of the gentleman.
25 What is your name again, sir?
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
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1 MR. McCULLER: Mack McCuller.
2 MS. LEE: Mr. McCuller stated that
3 everything around there was PBF. I was just
4 interested in -- when did all of that change? I
5 know some of the homes were sold, like
6 Mrs. Davis and those homes were sold a while
7 back.
8 MR. McCULLER: There may be some
9 grandfathered uses. If you look at the zoning
10 map and the staff report, you'll see there's a
11 corner that goes off into RMD-D zoning. The
12 rest of the zoning around it is PBF-2 or -1.
13 MS. LEE: So everything in that particular
14 block has moved from residential, any type of
15 residential?
16 MR. McCULLER: I wouldn't say the entire
17 block. To the west, there's an RMD-E and RMD-B
18 along Louisiana Street.
19 MS. LEE: Okay. Thank you.
20 THE CHAIRMAN: Thank you, Councilwoman Lee.
21 I don't see any other speakers. So seeing
22 none, does the Planning Department have anything
23 for us?
24 MR. CROFTS: (Shakes head.)
25 THE CHAIRMAN: Okay. Open the ballot and
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
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1 record the vote.
2 (Committee ballot opened.)
3 MR. CORRIGAN: (Votes yea.)
4 MS. LEE: (Votes yea.)
5 MS. JONES: (Votes yea.)
6 MR. WEBB: (Votes yea.)
7 MR. YARBOROUGH: (Votes yea.)
8 (Committee ballot closed.)
9 MS. LAHMEUR: Five yeas, zero nays.
10 THE CHAIRMAN: By your action, you have
11 approved 2007-1192.
12 Thank you all.
13 We already did item 39.
14 We are now on item 40, 2007-1194. Open
15 that public hearing.
16 Seeing no speakers, we'll close that public
17 hearing.
18 I will entertain a motion. I will note
19 that the Planning Department has issued a report
20 of denial on this, just for your information.
21 Do I have motion -- an amendment?
22 (Inaudible discussion.)
23 THE CHAIRMAN: Mr. Kelly or Mr. Crofts,
24 could you give us the reason for the denial?
25 MR. KELLY: Thank you.
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
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1 Through the Chair to the committee, this is
2 a waiver of road frontage request to reduce the
3 amount of required road frontage from
4 eighty feet to zero feet.
5 Staff is of the opinion that this is not in
6 the public interest and essentially represents
7 circumventing the subdivision regulations and
8 would be detrimental to the public health and
9 safety and make it difficult for addressing and
10 911 to locate the property.
11 The subject property was originally split
12 off of another piece of property in 1997, and so
13 we feel that it's really a self-imposed hardship
14 that the applicant created himself. And they
15 had the ability and constructive knowledge of
16 the code at the time and the laws were the same,
17 so we feel that this is inappropriate and would
18 circumvent the intent of the code.
19 THE CHAIRMAN: Councilwoman Jones -- it's
20 in Councilwoman Lee's district. She can go
21 first.
22 Councilwoman Lee.
23 MS. LEE: Thank you, Mr. Chairman.
24 I haven't talked to anybody about this. No
25 one has talked to me.
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
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1 THE CHAIRMAN: Would you like us to defer
2 it a cycle so you can talk to somebody?
3 MS. LEE: Is the applicant present?
4 THE CHAIRMAN: Is the applicant on
5 2007-1194 in the audience?
6 AUDIENCE MEMBERS: (No response.)
7 THE CHAIRMAN: I do not see anybody waving
8 their hand.
9 MS. LEE: Well, I guess my question is,
10 Mr. Chairman -- there are two recommendations
11 here. Am I in sync with that? Amend and move
12 to grant the waiver, then there's one to deny
13 the waiver.
14 THE CHAIRMAN: Right. We have to do one or
15 the other. As a committee, we have to do one or
16 the other.
17 MS. LEE: Okay. So I guess, if I could --
18 I'm not familiar with this portion of the
19 process right here -- why is the move to grant
20 if the Planning Department recommends it?
21 THE CHAIRMAN: They give us the option as a
22 committee to make the amendment either way we
23 want to make it.
24 MS. LEE: This just pertains to the
25 amendment only?
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
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1 THE CHAIRMAN: Right. What the amendment
2 does is actually recommends denial or recommends
3 approval is what the amendment is.
4 MS. LEE: Right.
5 Mr. Chairman, I would -- I mean, if the
6 Planning Department has moved to -- has made a
7 motion -- or recommendation, rather, to deny, I
8 would like an opportunity to maybe just converse
9 with them a little more in detail rather than to
10 pose a lot of questions at this time. Inasmuch
11 as the applicant isn't present, I would ask that
12 you defer it, please. Then maybe somebody will
13 get in touch with me.
14 THE CHAIRMAN: I'm happy to do that.
15 Let me go back and continue the public
16 hearing instead of closing the public hearing,
17 and we'll just continue it. So that way if you
18 get a chance to speak with the Planning
19 Department or the applicant, we can bring it up
20 next cycle without readvertising it. Is that
21 okay?
22 MS. LEE: Okay.
23 THE CHAIRMAN: Okay. Good.
24 So on 2007-1194, we will open and continue
25 that public hearing with no further action
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
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1 today.
2 Councilwoman Jones.
3 MS. JONES: Thank you, Mr. Chairman.
4 Just two quick questions.
5 One, the applicant was notified that the
6 recommendation was for denial? If they don't
7 come to the meeting, we make a decision and --
8 MR. KELLY: That's correct. The reports
9 are sent out to the applicant prior to the
10 meeting.
11 MS. JONES: Okay. Did anybody verify that
12 it's the same owner that -- you said that
13 construction had taken place on it at one point
14 and that it was subdivided or something to that
15 effect. Is it the same owner or is it a
16 generation removed or a new owner?
17 MR. KELLY: My understanding, through the
18 Chair to Councilmember Jones, is that the 5-acre
19 parcel that's being split off now was owned at
20 one time by the larger tract of land, but now
21 it's under separate ownership.
22 MS. JONES: Okay. Thank you very much.
23 THE CHAIRMAN: Thank you.
24 Councilwoman Lee.
25 MS. LEE: I'd like to ask a question of
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
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1 Mr. Crofts -- or Mr. Kelly.
2 Once the person is notified, is it common
3 practice for them to call back and ask why or
4 did we get a response back from the applicant?
5 MR. KELLY: In this instance, we did not
6 hear back from the applicant after we had faxed
7 the reports. There may have been a conflict
8 with the holidays. And so we would, again, you
9 know, go along with your wishes to continue the
10 meeting, and we'll contact the applicant
11 directly to make sure that they are aware of the
12 recommendation.
13 MS. LEE: Now, you said you faxed it or you
14 mailed it?
15 MR. KELLY: Typically, we fax it.
16 MS. LEE: To the applicant?
17 MR. KELLY: Correct.
18 MS. LEE: You're, then, aware that that
19 person has a fax machine?
20 THE CHAIRMAN: I can clarify a little bit.
21 I've learned from Legislative Services that
22 several days ago the payment for the
23 advertisement had not been received. And they
24 contacted her and the advertisement was paid,
25 and they were told that it was going to be
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
27
1 brought up tonight. By paying the
2 advertisement, it could be brought up tonight.
3 MS. LEE: I appreciate that, Mr. Chairman.
4 I guess my inquiry is, you know, even if a
5 person has a fax machine, are we aware that
6 they're going to pick it up or -- when things go
7 out certified, then we're assured someone has
8 received it. In a case when you're denying
9 anybody, is that a requirement? I'm just making
10 an inquiry. Is that how you normally do it?
11 MR. KELLY: No. It's typically done as a
12 courtesy to the applicant. Really the burden
13 would be on them to contact us. But we do fax
14 basically all of the reports out to the agents
15 and the applicants prior to -- about a week
16 prior to the meeting.
17 MS. LEE: What happens when a person
18 doesn't have a fax machine?
19 MR. KELLY: We can either e-mail it
20 directly to them -- they have that option if
21 they filled out an e-mail address as opposed to
22 a fax machine.
23 MS. LEE: And if one doesn't have a
24 computer, then you mail it?
25 MR. KELLY: We would call them directly
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
28
1 basically and ask what their preference is, if
2 they'd like to come in and pick it up or we
3 could mail it to them.
4 MS. LEE: Mr. Chairman, I was listening to
5 the question that was asked, and that's why
6 maybe in the future we might want to just look
7 at making sure -- Ms. Jones asked the question,
8 did the applicant -- was the applicant
9 notified. And if there's no sure way to know
10 that they received it, maybe this might be
11 something we could look at in the future.
12 Because we could all be applicants and, you
13 know, not knowing -- even though I guess I would
14 be responsible in making sure my stuff got
15 approved or disapproved, in the real scheme of
16 things that doesn't always happen. Everybody
17 doesn't have a computer and everybody doesn't
18 have a fax machine. Certification of letters
19 usually works.
20 That's all.
21 THE CHAIRMAN: Okay. We're happy to look
22 at that and make sure -- and when this comes up
23 in two weeks and the applicant is there, I'd be
24 curious to see what they received and how they
25 received it or whatever. I'm fine with that.
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
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1 But for tonight, we'll just open and continue
2 2007-1194.
3 Committee members, we're on top page of 13,
4 2007-1195. We'll open that public hearing.
5 Seeing no speakers, we will close that
6 public hearing. I need a motion to either grant
7 or deny the waiver.
8 MS. JONES: Move to grant.
9 MR. YARBOROUGH: Second.
10 THE CHAIRMAN: Motion and second to grant
11 the waiver. All in favor of the amendment
12 signify by saying aye.
13 COMMITTEE MEMBERS: Aye.
14 THE CHAIRMAN: All opposed.
15 COMMITTEE MEMBERS: (No response.)
16 THE CHAIRMAN: Amendment carries.
17 MS. JONES: Move the bill as amended.
18 MR. YARBOROUGH: Second.
19 THE CHAIRMAN: Motion and second on
20 2007-1195, which will grant the waiver.
21 Seeing no discussion on the bill, open the
22 ballot and record the vote.
23 (Committee ballot opened.)
24 MR. CORRIGAN: (Votes yea.)
25 MR. CLARK: (Votes yea.)
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
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1 MS. LEE: (Votes yea.)
2 MS. JONES: (Votes yea.)
3 MR. SHAD: (Votes yea.)
4 MR. WEBB: (Votes yea.)
5 MR. YARBOROUGH: (Votes yea.)
6 (Committee ballot closed.)
7 MS. LAHMEUR: Seven yeas, zero nays.
8 THE CHAIRMAN: By your action, you have
9 approved 2007-1195.
10 2007-1196. We'll open that public
11 hearing.
12 Seeing no speakers, we'll continue that
13 public hearing with no further action.
14 2007-1215. We'll open that public
15 hearing. We have one speaker,
16 (Mr. Hainline approaches the podium.)
17 MR. HARDEN: Mr. Chairman, I'm putting in a
18 card for this too.
19 THE CHAIRMAN: Thank you, Mr. Harden.
20 Mr. Hainline, how are you?
21 MR. HAINLINE: I'm fine, Mr. Chairman.
22 My name is
23 Boulevard.
24 This is a development agreement which seeks
25 an extension of the reservation time for
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
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1 available concurrency capacity. You-all have
2 granted many of these over the years. This
3 applicant obtained available concurrency
4 capacity for a retail portion of his overall
5 development. That retail portion won't come
6 until the end of the development, so he needs an
7 extension, an extended reservation of the
8 capacity, which is routinely done through a
9 development agreement.
10 Mr. Harden asked some questions. We've
11 been talking all afternoon. I'm not sure
12 whether it's questions so much about our
13 development agreement as it is about what the
14 City is doing with a fair share contract which a
15 client of his is seeking down the street, but I
16 guess what I'll do is just reserve time for
17 rebuttal for what Mr. Harden might say.
18 This development agreement, we worked with
19 your staff and with your lawyers in seeking and
20 applying for this. The staff is recommending
21 approval. Certainly if there are any questions
22 about the application or the procedures, your
23 lawyers and your staff are well-versed on that,
24 and I would urge you to consult with them.
25 I'd like to save the rest, I guess, for
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
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1 rebuttal, depending upon what issues Mr. Harden
2 raises.
3 Thank you.
4 THE CHAIRMAN: Thank you.
5 Paul Harden.
6 (Mr. Harden approaches the podium.)
7 MR. HARDEN: Thank you, Mr. Chairman.
8 Paul Harden, 1301 Riverplace Boulevard.
9 Mr. Hainline's description of where we are
10 in the process is -- doesn't complete the story,
11 if you will, as Paul Harvey might say.
12 The exact same CCAS and a development
13 agreement based on it was heard by this council
14 a year ago -- almost a year ago. The exact same
15 CCAS was rejected seven to nothing by the LUZ
16 Committee. Councilman Shad, Ms. Jones,
17 Mr. Clark were all on the LUZ. It was
18 unanimously denied by the Land Use and Zoning
19 Committee. It then went to the full council,
20 and the full council, by unanimous vote,
21 rejected it. This is an attempt to basically
22 start over.
23 My client is next in line for the trips.
24 Obviously, we have an interest in what happens
25 on the thing.
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
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1 But those of you who are on the committee
2 will recall that there were really two issues
3 last time considered. One is the length of time
4 that the reservation had been held, saying we're
5 getting ready to come do something. There were
6 extensions granted for about two years.
7 Finally, they came in at our insistence.
8 But then the key issue, though, was how the
9 client got to where they were with their
10 zoning.
11 One of the issues you're required to
12 consider by law is whether or not the zoning
13 complies with the comp plan. We believe it does
14 not comply with the comp plan. It's an AGR
15 zoning for a large number of single-family
16 trips, a shopping center, additional office
17 uses, and it's in the form of a rural village.
18 A rural village has specific requirements.
19 It doesn't meet the requirements. One of them
20 is it has to be 500 acres. This is 380 acres.
21 Secondly, it has to be on a collector road.
22 It's not on a collector road.
23 There were a series of issues related to
24 whether or not it met the comp plan. Based on
25 that explanation and based on the law, this
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
34
1 committee, in its own formation, unanimously
2 rejected the CCAS.
3 We think that the trips should have then
4 gone back in and my client should have been able
5 to take advantage of it and move forward.
6 What's basically happened is they brought
7 the issue to council, the council denied it, and
8 this is starting over again. We don't think
9 that's the way the process should go forward.
10 We think that this committee should uphold
11 the ruling of the LUZ Committee when you
12 considered it before. And, respectfully, we
13 request that you reject this request for a
14 development agreement.
15 It is a privilege, not a right, and there
16 are requirements in order to meet that
17 development agreement. The LUZ Committee before
18 felt like they didn't meet those requirements,
19 and they still don't today.
20 Thank you, Mr. Chairman.
21 THE CHAIRMAN: Thank you.
22 Mr. Hainline, I believe you have about a
23 minute and a half of rebuttal.
24 (Mr. Hainline approaches the podium.)
25 MR. HAINLINE: Okay. I do have a
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
35
1 chronology that I would like to pass around.
2 The first thing I would like to say is if
3 anyone has any questions about the procedures we
4 followed or any concerns that you don't think
5 can be heard tonight, we would ask that this
6 matter be deferred to the next LUZ meeting.
7 There's some things that Mr. Harden said that I
8 would like to address, however.
9 What is before you tonight is very, very
10 different than what was before this council a
11 year ago. It's radically scaled back. A year
12 ago we had 749 --
13 Do you need a copy?
14 MR. HARDEN: Yes.
15 MR. HAINLINE: Here.
16 (Tenders document.)
17 MR. HARDEN: Thank you.
18 MR. HAINLINE: A year ago, we had 749
19 residential units in it, in addition to what we
20 have now. We had another 5,000 square feet of
21 retail, which is not in it now. We radically
22 scaled it back to be only 40,000 square feet of
23 retail, which is what the original council, many
24 years ago, when this PUD was approved, really
25 wanted in there and actually added in there.
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
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1 This 40,000 square feet was deemed as
2 important by the original -- by the approvers of
3 the original PUD for this, and that's what we're
4 seeking the extended capacity on here today.
5 If you have any questions about procedures
6 or what was followed in transitioning from the
7 denial last May to where we are now, you should
8 seek -- you should talk to your lawyers and your
9 staff as to whether all portions were followed
10 because they were, and they will confirm that.
11 Secondly, Mr. Harden's fair share contract
12 down the street is not next in line behind us.
13 It won't benefit from this because Mr. Harden's
14 fair share, which is behind us in line, has
15 locked in its dollar amount. Its dollar amount
16 is 684,000.
17 When Mr. Harden paid the $500 for that fair
18 share, under your code, Section 355.305(a), once
19 he pays the $500, he locks into that amount no
20 matter what facts change after that. In fact,
21 when they paid their $500, they specifically
22 said in the letter, "We wish to lock in this
23 amount." So he will not benefit from any denial
24 of this development agreement.
25 Thank you.
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
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1 THE CHAIRMAN: Thank you.
2 Councilmember Yarborough.
3 MR. YARBOROUGH: Thank you, Mr. Chairman.
4 Just a few quick questions.
5 Mr. Harden mentioned that, I believe, you
6 and Mr. Clark, Ms. Jones, and Mr. Shad were
7 involved last year when something related to
8 this --
9 THE CHAIRMAN: Not me. I was on the
10 council, but I wasn't on LUZ.
11 MR. YARBOROUGH: My first question is --
12 this is all new to me still -- can anybody weigh
13 in on that?
14 I'd be curious as to what some of the
15 senior members might have to offer on it.
16 THE CHAIRMAN: I've got Councilman Shad and
17 then Councilmember Clark.
18 MR. SHAD: Thank you.
19 My recollection was -- going back, the
20 original rezoning was much discussed, and it was
21 a close vote on the original rezoning. When it
22 came back in front of us, you know, personally,
23 I still had a little problem with the original
24 rezoning.
25 And because of my issues with not meeting
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
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1 the definition of a town center on the original
2 rezoning, although I did vote for it, after
3 having more experience in the council, I saw
4 this as an opportunity to right a wrong and to
5 at least not give them these trips and maybe
6 lower the intensity of that zoning that I
7 thought probably shouldn't have got passed on in
8 the first place.
9 Can I stay in the queue?
10 THE CHAIRMAN: Yes.
11 Councilman Clark, do you want to respond?
12 MR. CLARK: Not having been on the
13 original -- in the original -- I was there in
14 the original vote but not the original zoning.
15 My issue is one that's long-standing, and
16 we still go through it today and I still take
17 issue with it.
18 I have a hard time with developers coming
19 in and continually holding on to trips for years
20 at a time. And in the system that we play by,
21 once you get those, that's it. So everybody
22 behind you is playing by the rules, paying the
23 money, and you're just hanging on. It doesn't
24 seem to be a fair way to play.
25 So I looked at it from an entirely
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
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1 different standpoint. For me it was, you know,
2 you've had this a number of years and you just
3 want to continue to hang on to the trips and
4 continue -- and so I came at it from a different
5 angle.
6 THE CHAIRMAN: Councilman Yarborough, you
7 still have the floor.
8 Were you here previously? I'm sorry.
9 MS. JONES: I was here for that.
10 THE CHAIRMAN: Sure. Go ahead.
11 MS. JONES: I think that was the night we
12 didn't approve a number of development
13 agreements that were coming back for extensions
14 or renewals to extend four or five or ten years
15 where they had already had that five or ten
16 years, whatever the number of years was.
17 I think a lot of the discussion really went
18 to what Councilman Clark just spoke to, in that
19 you've had the trips reserved, you've been there
20 for however long, and now you're coming back and
21 saying, oh, well, we need some more time, and
22 nothing had happened.
23 I believe all of the ones that we denied,
24 no activity had happened, no development
25 whatsoever had taken place on those tracts of
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
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1 land, and we were still continuing to approve
2 and have, I guess, in the past done that
3 consistently.
4 But I think that night we just kind of took
5 a stand that, you know, it's time for us to --
6 if you're going to come and reserve the trips
7 and you're given a time frame to do the
8 development, then something needs to happen.
9 And that had not happened on this one.
10 So that's my recollection of what took
11 place during that time frame.
12 THE CHAIRMAN: Thank you.
13 Councilmember Yarborough.
14 MR. YARBOROUGH: Thank you, Mr. Chairman.
15 I appreciate that from the senior members.
16 That helps.
17 The other question -- and I'd rather not do
18 hearsay, but I notice it's in Mr. Holt's
19 district. I don't know if maybe Mr. Harden or
20 Mr. Hainline had spoken with the councilman for
21 District 11 and if he had weighed in at all.
22 Mr. Harden, did you --
23 (Mr. Harden approaches the podium.)
24 MR. YARBOROUGH: I mean, I'd rather not ask
25 to defer on it. I just want to make the best
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
41
1 decision on it.
2 MR. HARDEN: I understand.
3 My discussion with him was peripheral to
4 this because if you'll see in T.R.'s letter here
5 to you, he's arguing we're locked into 684-. If
6 that were the case, my beef would be different.
7 The City's now saying, no, you're not locked
8 in. We want to charge you $984,000. So they
9 aren't locking us in.
10 T.R.'s explanation is -- and I agree with
11 his legal position. And if the City were to
12 say, okay, you, in fact, are locked in at 684-,
13 then, you know, peace be with you, and T.R. and
14 I will go our ways. But the General Counsel's
15 Office is saying, no, we have an error, and
16 we're going to charge you $984,000.
17 So I'm kind of -- you're getting one
18 argument from T.R., but that's not the argument
19 that the City's given me. I've been trying to
20 get my development granted at 684- for a while.
21 They're saying, no, you're not locked in. So
22 I'm saying, well, fine, then these trips are
23 available to me. I think they're available
24 anyway.
25 That was my discussion with Mr. Holt. So
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
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1 it was peripheral, in fairness to the second
2 part of this.
3 MR. YARBOROUGH: Right. I was just trying
4 to get some idea. Maybe Mr. Hainline --
5 (Mr. Hainline approaches the podium.)
6 MR. HAINLINE: Mr. Chairman and members of
7 the committee, that is indeed an issue which has
8 come up about ten minutes ago, exactly whether
9 Mr. Harden's number is locked in. If it is
10 locked in, then you denying this isn't going to
11 benefit him any. If it is not locked in, then
12 we don't know what exactly is going on.
13 With that question outstanding, which is
14 the fundamental issue here, I would ask that we
15 defer this for two weeks so we can try and get a
16 determination as to whether he is locked in and,
17 therefore, whether anyone will benefit or not
18 benefit from this person coming out of line.
19 I mean, in all fairness, Mr. Harden's
20 client has been in line since 2005. So everyone
21 out there has been in line for two or three
22 years. This isn't just one applicant; it's a
23 number of people. If his number is locked in,
24 it depends on what number that it's locked in at
25 as to whether he'll oppose.
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
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1 So I would ask that we defer it. We can
2 look to whether his number is locked in. I
3 don't think Mr. Harden would have an objection
4 to that. And then we could come back in two
5 weeks and try and resolve that issue.
6 THE CHAIRMAN: Okay. I have Councilmember
7 Shad.
8 I'm most likely going to defer this in the
9 hopes that we can get some kind of answer in two
10 weeks.
11 MR. SHAD: (Inaudible.)
12 THE CHAIRMAN: Okay. I'm going to defer
13 this for two weeks.
14 I appreciate the two of you continuing to
15 try to work this out, and I'd appreciate the
16 Planning Department putting this as a
17 priority --
18 MR. CLARK: (Inaudible.)
19 THE CHAIRMAN: Yeah, but try to make this a
20 priority so we can come back next week and bring
21 it to a resolution.
22 MR. HAINLINE: All right. Thank you.
23 THE CHAIRMAN: Thank you.
24 We're going to continue 2007-1215. We'll
25 open and continue that public hearing with no
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
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1 further action.
2 Thank you, gentlemen.
3 Item 44, 2007-1230. We'll open that public
4 hearing. We have several speakers, the first
5 one being
6 Chris Gilmore, followed by Michael Kershner.
7 Before I forget, I neglected to welcome
8 Councilmember Bishop to our meeting today, and
9 Councilmember Holt was here for a few minutes
10 earlier.
11 Councilman Bishop, we appreciate you being
12 here.
13 (Mr. Sanders approaches the podium.)
14 THE CHAIRMAN: Go ahead, Mr. Sanders.
15 MR. SANDERS: Thank you, Mr. Chairman.
16
17 applicant.
18 Is staff going to give their report or do
19 you just want me to go ahead and get into the
20 meat of this?
21 THE CHAIRMAN: Let's go ahead and do the
22 public hearing and then we'll get the staff
23 report later.
24 MR. SANDERS: Thank you.
25 And, Mr. Chairman, if possible, could
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
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1 Ms. Approbato come back there?
2 We've got some slides we'd like to put up
3 for the council's benefit to do our
4 presentation.
5 Mr. Chairman and members of the LUZ
6 committee, good evening.
7 I guess the good news is -- the bad news is
8 I've got opposition. The good news is I don't
9 think that most of the people here are opposed
10 to my application; it's a subsequent one. So
11 hopefully this won't be too long, and I will try
12 to be quick as we go through it tonight.
13 The proposal that you have before you
14 tonight on this particular application is to
15 take a parcel of land of about 13 acres --
16 THE CHAIRMAN: Mr. Sanders, if I could get
17 the staff to show the slides instead of your
18 staff, I would appreciate that.
19 MR. SANDERS: That would be fine.
20 THE CHAIRMAN: Thank you.
21 MR. SANDERS: The proposal you have, again,
22 Mr. Chairman, is about 13 acres. It currently
23 has a land use designation of LDR, low density
24 residential. We're asking it to be amended to
25 allow for MDR uses, specifically approximately
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
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1 204 multifamily dwelling units.
2 The staff report that you have before you
3 tonight, as you will see, has recommended denial
4 of our application. The -- but the -- excuse me
5 just one minute. Can y'all see the picture
6 that's up there? Because I can't see it on this
7 up here.
8 MR. SHAD: Yeah, we can see it.
9 MR. SANDERS: Thank you.
10 As you can see on the aerial that you have
11 before you, the property is located basically at
12 the intersection of Beach Boulevard and Peach
13 Drive. Those of you who are familiar with that
14 area will know it's basically across the street
15 from the old Gooney (phonetic) golf putt-putt
16 course where the historical or infamous T-Rex
17 statue stands.
18 The site that you have lies directly
19 adjacent to commercial zoning and commercial
20 development, basically a strip mall to the south
21 as well as a gas station on the corner. On the
22 other side, you have a mitigation bank that has
23 a conservation zoning designation that was
24 rezoned to conservation back in '98. And then
25 on the other side, you have about ten
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
47
1 single-family homes that were built in the '60s,
2 about half-acre lots, with about 120 feet of
3 buffer between the homes and the rear parcel
4 line.
5 What I respectfully submit is basically
6 four things this evening:
7 Number one, the staff report that you have
8 before you is inconsistent with reality. And by
9 that I mean it's inconsistent in that it does
10 not take account of the actual development
11 patterns that are on the ground as opposed to
12 looking at some blank land use maps.
13 Number two, staff's recommendation and
14 their analysis is actually inconsistent with
15 their prior analyses and recommendations on
16 similar projects.
17 Is that my time?
18 THE CHAIRMAN: I'm going to give you about
19 another minute because of our little technical
20 difficulties.
21 MR. SANDERS: Thank you.
22 Number three, the staff report is
23 inconsistent with the professional
24 recommendation of this City's immediate past
25 planning director, Mr. Mike Saylor. I believe
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
48
1 that you have his letter -- you should have his
2 letter before you this evening that goes through
3 the various reasons why it is that the staff's
4 report is, in fact, contrary to the various
5 policies in our comprehensive plan.
6 Lastly, staff's report and analysis is
7 inconsistent with the findings and
8 recommendation of every single Planning
9 Commission member that heard this item back in
10 December. That is, the Planning Commission
11 voted unanimously to recommend approval of this
12 application because of the various items that I
13 mentioned and the various items of which I'd be
14 more than happy to go through with you later if
15 indeed you have questions.
16 The last thing I'll mention, Mr. Chairman
17 and members of the committee, is the staff
18 report is inconsistent with the City's 2006 --
19 the recommendations of the City's '06 Workforce
20 Housing Task Force -- of which, Mr. Chairman, I
21 believe you were a member, as was Councilmember
22 Jones -- in various policies that are set forth
23 in there that establish why it is that the City
24 is encouraging this type of development.
25 With that being said, I will reserve the
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
49
1 rest of my time, if I may, for rebuttal and will
2 certainly be available to answer any questions
3 the committee members may have.
4 THE CHAIRMAN: Thank you, Mr. Sanders.
5 Chris Gilmore, followed by Michael
6 Kershner.
7 (Audience member approaches the podium.)
8 THE CHAIRMAN: Good evening.
9 AUDIENCE MEMBER: Good evening.
10 My name is Chris Gilmore --
11 THE CHAIRMAN: Pull that microphone down a
12 little bit, please.
13 MS. GILMORE: My name is Chris Gilmore,
14 9730 Doolittle Road, representing the Southside
15 Estates Civic Association.
16 This address on the application of 10055
17 Beach Boulevard does not exist. The property
18 has no direct access to Beach Boulevard. The
19 only access to the property at the present time
20 is by way of a dirt easement off of Peach Drive,
21 having a conservation land use. The easement
22 runs behind the commercial property on Beach
23 Boulevard. As far as I can determine, the
24 easement is 65 feet, which on the original plat
25 was to be a right-of-way to extend Patton Road
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
50
1 to St. Johns Bluff Road.
2 This land change would be inconsistent with
3 goal 1, policy 1.1.7 of the future land use
4 element of the comprehensive plan. The MDR land
5 use would allow up to 20 units per acre next to
6 land developed -- or proposed to be developed,
7 at a maximum of seven units per acre.
8 Policy 1.1.7 calls for a gradual transition
9 of densities and intensities between land uses.
10 Going from two units per acre up to 20 units is
11 not gradual. Going from two units per acre to
12 seven units per acre is certainly a better
13 transition. Therefore, the land should be left
14 to develop as LDR with no more than seven units
15 per acre, the same as all adjacent properties to
16 the north, south, east, and west.
17 Contrary to the comp plan, policy 1.1.11,
18 to change this parcel to MDR would have a
19 detrimental effect on the surrounding
20 properties, both developed and undeveloped. It
21 would detract rather than enhance the
22 character -- it would detract rather than
23 enhance the character of the established
24 single-family development. It would prevent the
25 surrounding land uses from achieving an optimal,
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
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1 ecological, and economic benefit and diminish
2 the enjoyment of their properties through the
3 walls of privacy.
4 To approve this land use change would
5 create a multifamily MDR land use, completely
6 surrounded by single-family and conservation
7 within -- with a three-story apartment
8 development wedged in a corner.
9 The Planning Department states that it's
10 inconsistent with the comprehensive plan and
11 several of its policies and goals and also
12 inconsistent with the State plan.
13 I respectfully ask that you follow the
14 recommendation of the Planning Department and
15 vote to deny this request.
16 THE CHAIRMAN: Thank you.
17 MS. GILMORE: I have a letter that was sent
18 to me.
19 THE CHAIRMAN: Ms. Gilmore, your time has
20 expired.
21 MS. GILMORE: I just want to --
22 THE CHAIRMAN: You can turn that in. We'll
23 be happy to take that for you.
24 Thank you.
25 Our next speaker is Michael Kershner,
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1 followed by Pamela Eutsler.
2 I'm sorry, I can't pronounce your name.
3 (Audience member approaches the podium.)
4 THE CHAIRMAN: Good evening.
5 AUDIENCE MEMBER: Good evening.
6 I live at 3018 Peach Drive.
7 I'm opposed due to -- I think the
8 congestion on Peach and Beach would be higher.
9 I'm concerned about drainage because I know
10 that's very low land and the builder would have
11 to increase the level. And I'm concerned with
12 the drainage, which will be the back of my yard
13 basically.
14 Thank you.
15 THE CHAIRMAN: Thank you.
16 Next speaker is Pamela Eutsler -- if you
17 can come up and pronounce your name so I don't
18 butcher it for you -- followed by
19 Thomas Haeussner.
20 AUDIENCE MEMBER: Don't start my three
21 minutes till I get there.
22 (Audience member approaches the podium.)
23 AUDIENCE MEMBER: Hi.
24 My name is Pam Eutsler. I live at 2851
25 Peach Drive.
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
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1 I'm offended by some of the things he
2 said. He seems to put in there that it only
3 butts up against a -- that he forgets it butts
4 up against homes on three sides, and in the very
5 back is wetlands. And those homes were built in
6 the '60s, but I have a beautiful home. It's not
7 a Deerwood home by any means, but it's a
8 beautiful home in a beautiful neighborhood with
9 half-acre properties with old live oak trees.
10 This property, by the way, at one time the
11 City did a beautiful job to be stewards of that
12 land. There used to be three spring-fed lakes
13 on the land with fish and turtles. There used
14 to be trees with owls. There used to be bike
15 paths. There used to be a horse riding path
16 around it.
17 When we finally agreed to let someone take
18 the front part of the property and use it to
19 build a small strip mall, it was with the
20 understanding that these lakes would be saved
21 just like they were.
22 I got a call from a neighbor on a Sunday
23 morning to say, "There's dump trucks back there;
24 you need to hurry." I went back there, and all
25 three lakes are now completely filled in. He
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1 wouldn't even let me have anybody get out there
2 to get the turtles out. They were just filled
3 in. Trees were chopped down. BEAKS came out.
4 They're aware of what happened. They picked up
5 an owl's nest that had been destroyed virtually
6 except for the baby owls.
7 Now, this is the third or fourth person
8 that's owned this property, and I was hoping he
9 would be a good steward. Instead, they're going
10 to build on only 13 acres, 204 units, and you're
11 not even including the fact that there's got to
12 be roads there. There's got to be sidewalks
13 also there, garages, parking garages, a place to
14 put cars, and only 13 units that are surrounded
15 by homes on three sides. The very back of that
16 area is still a wetlands area.
17 I was hoping that the City would also, once
18 again, be great stewards of the land and take
19 care of the property.
20 Last time there were people here to talk,
21 but he had deferred our section of it until
22 after the last meeting that lasted from 1:00
23 until 9 o'clock. So by being last, the senior
24 citizens that live in the area that I brought
25 with me, none of them could make it past
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1 6 o'clock. So they couldn't be here to talk
2 last time.
3 I know it got approved, and I did have
4 people with me, but you don't want them around
5 when they miss dinner. So they had to go home.
6 So I resent that too.
7 I don't know why he -- and he had even told
8 us at the end -- we asked why we were put last
9 when we weren't supposed to be, and the answer
10 was, "Sorry, I didn't know anybody was here."
11 Well, all the Craig people were here. He sure
12 knew that.
13 So I don't think it was right to defer us
14 to last the last time because I needed to get
15 them in and get them out. I promised them we
16 were early on the agenda.
17 So thank you very much for your time. I
18 hope you deny it.
19 THE CHAIRMAN: Thank you.
20 Just for the record, I've seen these people
21 when they haven't had dinner.
22 AUDIENCE MEMBERS: (Applause.)
23 THE CHAIRMAN: Ladies and gentlemen, we
24 don't allow demonstrations, so I'd appreciate
25 you not doing that.
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1 Our next speaker is Thomas Haeussner,
2 followed by Ross Benolken.
3 (Audience member approaches the podium.)
4 AUDIENCE MEMBER: Good evening.
5 I am married to the short, blond lady that
6 was just up here a minute ago. I must say that
7 she's very spunky, and she speaks from the
8 heart.
9 THE CHAIRMAN: Can you give us your name
10 and address, please.
11 AUDIENCE MEMBER: Thomas Haeussner, 2851
12 Peach Drive.
13 I've lived in Jacksonville since 1952.
14 I've been married and living there since 1979.
15 I've seen a lot of changes go on and
16 everything.
17 My biggest concern is the people who live
18 east and west of this supposed development are
19 going to be severely impacted. I speak for them
20 as well as the ones that live on Peach Drive.
21 The traffic and everything is going to be
22 compounded. The property values will be lost.
23 Everyone who lives there is either an
24 elderly couple or they're now buying up these
25 older homes and redesigning them and fixing them
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1 on these fairly nice property sizes that we have
2 out there. There's a lot of potential, but to
3 put in apartment complexes, to dump in that many
4 units on just small acreage does not fit into
5 our design of that community.
6 I would like to see if you would offer --
7 request that those who are opposed to this,
8 please stand.
9 AUDIENCE MEMBERS: (Comply.)
10 MR. HAEUSSNER: Would you request that
11 those who are opposed to this project please
12 stand?
13 AUDIENCE MEMBERS: (Comply.)
14 MR. HAEUSSNER: This is probably the best
15 turnout we've had in a long time.
16 You can be seated. Thank you.
17 THE CHAIRMAN: Thank you very much.
18 Our next speaker is Ross Benolken, followed
19 by former Councilwoman Lynette Self.
20 (Audience member approaches the podium.)
21 AUDIENCE MEMBER: My name is Ross Benolken,
22 at 9833 Bradley Road.
23 I've been a resident of Southside Estates
24 for over 37 years, and I'm very active in our
25 civic association. I know the area very, very
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1 well. Peach Drive is a single-lane, winding
2 road that goes between Beach Boulevard and
3 Atlantic Boulevard. Having this many more units
4 trying to get in and out of that is just going
5 to be a catastrophe at that intersection.
6 There's a stoplight at Peach Drive which
7 would allow cars to go in and out, but trying to
8 turn left off of Peach Boulevard is just going
9 to be a nightmare for people that live down
10 there.
11 Thank you very much.
12 THE CHAIRMAN: Thank you.
13 Our next speaker is my former colleague
14 Lynette Self.
15 (Ms. Self approaches the podium.)
16 THE CHAIRMAN: Welcome back.
17 MS. SELF: Thanks. Good evening.
18 I'm Lynette Self. My address is 12209
19 Bittercreek Lane.
20 I didn't really know this was on the agenda
21 tonight. I actually came for another issue.
22 I'm sure you all don't know what that is, but I
23 am here for another issue tonight.
24 This was a land use that was actually
25 proposed when I was on council. I remember
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1 Councilman Bishop was actually at a meeting with
2 me, a town meeting that we had on this.
3 This is not a good idea for this
4 community. This is a single-family community.
5 It's a community that is -- I actually grew up
6 in this community, so I'm very familiar with
7 it.
8 The access to this is virtually none.
9 There is access, but it's very difficult to get
10 to this piece of property. And to put a
11 three-story building, I think, with 240 units --
12 MR. SANDERS: Two hundred and four.
13 MS. SELF: -- two hundred and four units --
14 it doesn't really make a big difference -- it
15 just doesn't fit in this community. So I would
16 hope that you would support the community.
17 I know at the town meeting that we had,
18 Karl actually did a great presentation, but the
19 community is just saying, no, this isn't good
20 for us; it doesn't fit in.
21 The road that he is talking about is a
22 two-lane road. It's a small road. It's a
23 narrow road. To put this much traffic back on
24 it is not good for this community, so I'd ask
25 that you not support this land use.
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1 Thank you. Good to see you guys.
2 THE CHAIRMAN: Thank you. Good to see
3 you.
4 I have no further speakers. We will close
5 the public hearing.
6 Councilmember Bishop, would you like to
7 make some comments?
8 MR. BISHOP: Thank you, Mr. Chairman. I
9 appreciate the opportunity.
10 As former Councilwoman Self said, this is
11 not a good idea. There were references to the
12 Planning Commission deliberations earlier in the
13 discussion about this. Yes, the Planning
14 Commission unanimously approved it. They went
15 through that discussion about, well, we can
16 approve it now because it's just a
17 recommendation and when it comes back from
18 Tallahassee, we can look at it again kind of an
19 approach. But be that as it may, it was not a
20 resounding affirmation of the merits of this
21 particular proposal.
22 Nothing has really changed since the last
23 time this came up, about a year and a half ago,
24 where it was, I think, ultimately withdrawn.
25 It's still a proposed apartment complex with a
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1 couple hundred units on a piece of property
2 that's wedged behind a single-family
3 neighborhood.
4 This particular area is one of those old,
5 preconsolidation, rural-residential-type
6 developments. It was done back in the '60s when
7 it was -- when that area was out in the middle
8 of nowhere. It's bounded -- Peach Street [sic]
9 comes out onto Beach Boulevard. The adjoining
10 property is CCG-2 zoning for a strip center.
11 There's no buffer between these two activities
12 at all.
13 This really is not an exercise in
14 planning. This is an exercise in default
15 construction. The particular piece of property
16 is behind this old, rural residential
17 development.
18 It says -- Beach Boulevard address. It's
19 not a Beach Boulevard address. It's an old
20 right-of-way that accesses onto Peach Street,
21 which, as it's already been stated, it's an
22 old -- it's an old, two-lane residential street
23 which you're going to dump cars from 200
24 apartments onto.
25 It doesn't have access to Beach Boulevard.
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1 If it had access to Beach Boulevard, it might be
2 an entirely different discussion, but it
3 doesn't, and there's no mechanism under this
4 thing to even fix that sort of proposal.
5 So this is not a buffer land use between
6 incompatible uses. It's simply an intrusion
7 into an old -- what was developed as a rural
8 residential community, and it's just wrong and
9 it shouldn't be done.
10 This is the kind of thing that happens all
11 over the county where we don't adequately go in
12 and plan for these kind of things. It should
13 not be continued in the manner in which it's
14 done.
15 It's perfectly fine to be developed as
16 single-family residential, which currently the
17 land use designation is what the zoning would
18 support, and that is perfectly consistent with
19 the activity in the area and what would be
20 accessed off of Peach Street, but to intensify
21 this thing to that degree I just think is just
22 simply wrong and would urge you to recommend
23 denial of this application.
24 Thank you.
25 THE CHAIRMAN: Thank you very much.
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1 Let me go to the Planning Department and
2 get your feedback on the denial.
3 MR. CROFTS: Mr. Chairman and members of
4 the committee, I would, first of all, submit
5 that we feel -- I would refer you to our report
6 on this particular item, which I feel is a
7 substantially well-written report. It's
8 well-documented. It's well-thought-out. It's
9 logical, and I think it's based on the sound
10 principles within our comprehensive plan, and it
11 is, in our opinion, something that does not
12 reflect good planning.
13 This particular situation, there are --
14 within our report, I will just tell you that
15 there are numerous goals and objectives that
16 this is inconsistent with. We've talked about
17 incompatibility or unlikeness with surrounding
18 land uses. This is definitely a multifamily use
19 within a residential area.
20 There are concerns to us with regard to
21 access. It's just -- it's not a gradual
22 transition which we're looking for. It's
23 isolated. It's to the rear, adjacent or
24 juxtaposition to single-family.
25 There are many reasons, talking about the
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1 character of the area, the impact that this
2 would have on the infrastructure in the area
3 that concerns us greatly.
4 We are, again, concerned about the impact,
5 its inconsistency not only with the numerous
6 goals and objectives as referenced in our report
7 as well as the operative provisions, but as well
8 as with, as we've identified, policies in our
9 regional policy plan as well, and as well with
10 our state comprehensive plan.
11 So for all those reasons which we've
12 documented in terms of incompatibility and
13 insufficient services and inappropriate access,
14 we have grave concerns about the development and
15 have recommended denial.
16 THE CHAIRMAN: Thank you.
17 MR. YARBOROUGH: Move to deny.
18 MS. JONES: Second.
19 THE CHAIRMAN: I have a motion and second
20 to deny 2007-1230.
21 Is there any discussion on the denial?
22 COMMITTEE MEMBERS: (No response.)
23 THE CHAIRMAN: Seeing none, open the ballot
24 and record the vote.
25 Green if you support the denial, red if you
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
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1 support --
2 (Committee ballot opened.)
3 MR. CORRIGAN: (Votes yea.)
4 MR. CLARK: (Votes yea.)
5 MS. LEE: (Votes yea.)
6 MS. JONES: (Votes yea.)
7 MR. SHAD: (Votes yea.)
8 MR. WEBB: (Votes yea.)
9 MR. YARBOROUGH: (Votes yea.)
10 (Committee ballot closed.)
11 MS. LAHMEUR: Seven yeas, zero nays.
12 THE CHAIRMAN: By your action, you have
13 denied 2007-1230.
14 We're at the top of page 14, 2007-1231.
15 We'll open that public hearing.
16 Seeing no speakers, we will close that
17 public hearing.
18 Do I have a motion?
19 MR. YARBOROUGH: Move the bill.
20 MR. SHAD: Second.
21 THE CHAIRMAN: I have a motion and second
22 on -1231. Seeing no discussion, all in favor --
23 I'm sorry. Open the ballot and record the
24 vote.
25 (Committee ballot opened.)
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1 MR. CORRIGAN: (Votes yea.)
2 MR. CLARK: (Votes yea.)
3 MS. LEE: (Votes yea.)
4 MS. JONES: (Votes yea.)
5 MR. SHAD: (Votes yea.)
6 MR. WEBB: (Votes yea.)
7 MR. YARBOROUGH: (Votes yea.)
8 (Committee ballot closed.)
9 MS. LAHMEUR: Seven yeas, zero nays.
10 THE CHAIRMAN: By your action, you have
11 approved 2007-1231.
12 Item 46, 2007-1232. We'll open that public
13 hearing. We have one speaker, Wyman Duggan.
14 (Mr. Duggan approaches the podium.)
15 THE CHAIRMAN: Good evening, Wyman.
16 Happy New Year.
17 MR. DUGGAN: Happy New Year to you,
18 Mr. Chairman.
19 Wyman Duggan, 1301 Riverplace Boulevard,
20 Suite 1500, for the applicant.
21 This land use amendment is on 301, north of
22 Maxville. I spoke with Councilman Holt this
23 afternoon. He had no objections.
24 And I'm available for any questions.
25 THE CHAIRMAN: Thank you.
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1 Seeing no questions, we will close that
2 public hearing.
3 MR. WEBB: Move the bill.
4 MR. YARBOROUGH: Second.
5 THE CHAIRMAN: Motion and second on -1232.
6 Seeing no discussion, open the ballot and
7 record the vote.
8 (Committee ballot opened.)
9 MR. CORRIGAN: (Votes yea.)
10 MR. CLARK: (Votes yea.)
11 MS. LEE: (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: Seven yeas, zero nays.
18 THE CHAIRMAN: By your action, you have
19 approved 2007-1232.
20 Thank you, sir.
21 MR. DUGGAN: Thank you.
22 THE CHAIRMAN: Item 47, 2007-1233. We'll
23 open that public hearing.
24 Seeing no speakers, the district
25 councilwoman, Councilwoman Jones, requested that
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
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1 we continue that public hearing with no further
2 action. That was discussed in the agenda
3 meeting. That will mean this bill will be
4 postponed to the next semiannual series.
5 Item 48 is 2007-1234. We will open that
6 public hearing. We have a speaker,
7 Mr. Charles Mann.
8 (Mr. Mann approaches the podium.)
9 MR. MANN: Mr. Chairman, Charles Mann, 165
10 Arlington Road, representing the landowner.
11 This is more of a cleanup of the zoning map
12 on the north side of Duval Road. This is an
13 isolated piece of property of IL. It is
14 surrounded by CGC that has been rezoned for
15 commercial and residential uses. When we did
16 the zoning, there was no residential element in
17 the IL.
18 What we're proposing is to downzone or to
19 rezone the property or to change the land use
20 from IL to CGC and then file a PUD on this so it
21 will be compatible with the surrounding land.
22 Thank you.
23 THE CHAIRMAN: Thank you.
24 Seeing no further speakers, we will close
25 that public hearing.
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1 Do I have a motion on the bill?
2 MR. WEBB: Move the bill.
3 MR. CLARK: Second.
4 THE CHAIRMAN: I have a motion and second
5 on -1234.
6 Seeing no discussion, open the ballot and
7 record the vote.
8 (Committee ballot opened.)
9 MR. CORRIGAN: (Votes yea.)
10 MR. CLARK: (Votes yea.)
11 MS. LEE: (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: Seven yeas, zero nays.
18 THE CHAIRMAN: By your action, you have
19 approved 2007-1234.
20 MR. MANN: Thank you very much.
21 THE CHAIRMAN: Thank you.
22 2007-1235. We'll open that public
23 hearing. We have one speaker, Ms. Paige
24 Johnston.
25 (Ms. Johnston approaches the podium.)
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1 THE CHAIRMAN: Good evening.
2 MS. JOHNSTON: Good evening.
3 Hello. Paige Johnston, 1301 Riverplace
4 Boulevard, on behalf of the applicants.
5 This is an application for land use
6 transmittal, and we're requesting a land use
7 change from the low density residential to the
8 residential, professional, and institutional
9 land use category.
10 This property is east of I-95, and if
11 you're traveling north along I-95, past
12 Heckscher Drive, you may recall seeing the
13 United Ironworkers Union facility. This
14 property is adjacent to the south of that
15 property. To the east of the property is an
16 existing residential subdivision known as
17 Holly Ford (phonetic). And our request to take
18 this to RPI would allow us to have a use that I
19 believe is more consistent with the
20 comprehensive plan.
21 Recently, the council adopted an industrial
22 sanctuary plan. This property is located in an
23 area that's known as the situational
24 compatibility area. The properties to the north
25 of this site and further beyond Clark Road are
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1 all within the industrial sanctuary. The only
2 thing is that this RPI is more compatible.
3 I'm not aware of any opposition from the
4 adjoining community of Holly Ford. I've had two
5 people contact me with general questions but no
6 opposition.
7 When we came before the Northside CPAC,
8 there was some concern from the CPAC because, in
9 their words, they felt the RPI land use category
10 was too broad and that it allowed too many
11 things. We feel like with the PUD that will be
12 presented with this application, that that PUD
13 will address their concerns, and we can go
14 through any concerns that they may have as to
15 buffering or landscaping, anything having to do
16 with the compatibility with the neighborhood.
17 So we would ask you to -- as the staff
18 requested support of the application, that you
19 also support the application.
20 And I'm available for questions.
21 THE CHAIRMAN: Thank you very much.
22 Councilwoman Lee.
23 MS. LEE: Thank you, Mr. Chairman.
24 This particular application is in the
25 district that I represent. Ms. Johnston did
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1 write me a letter, hand delivered, in
2 September. And prior to then, I really didn't
3 have any problems with it. And, technically, I
4 don't have any now.
5 My concern is the opposition from the
6 CPAC.
7 MS. JOHNSTON: Yes, ma'am, and --
8 MS. LEE: Excuse me.
9 Mr. Heywood, whom I spoke with earlier, did
10 inform me that he felt that it wasn't any large
11 opposition, but I want to make sure that I'm
12 aware of exactly what the opposition is.
13 For instance, in Ms. Johnston's letter
14 dated September the 17th, if I could, real
15 quick --
16 THE CHAIRMAN: Uh-huh.
17 MS. LEE: -- "We represent the applicant in
18 a recent application for a semiannual
19 comprehensive plan."
20 In the second paragraph, "The property
21 subject to the application, approximately
22 8.22-plus/minus acres, is located near I-95 and
23 Heckscher Drive on Kentucky Street in North
24 Jacksonville. The property was rezoned in 2004
25 to a PUD to permit an assisted living facility,
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
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1 but the project was never initiated.
2 "The applicant is seeking a semiannual
3 comprehensive plan amendment on this parcel.
4 The applicant would like to develop the property
5 for multifamily residential uses through a PUD,
6 which will be submitted in the spring."
7 In Ms. Johnston's comments, she didn't
8 mention the proposed apartments. And I'm
9 certainly not opposed to development. I am
10 concerned that in -- if you look on your agenda,
11 the comments state that there is a letter of
12 opposition on file. I don't know if I have that
13 letter. I don't see it. What is the letter?
14 Through the Chair, did I miss it? This is
15 what is stated.
16 Do you see it, Mr. Chairman?
17 THE CHAIRMAN: Yes, I see it's stated, but
18 I don't have a copy of it that I know of from
19 the Planning Department.
20 MS. LEE: I don't either.
21 THE CHAIRMAN: Legislative Services has one
22 for you.
23 MS. LEE: I would like to read this for the
24 record. It's dated November the 28th.
25 "Dear Councilmember Corrigan" -- it was
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1 addressed to you, Mr. Chairman -- "the North
2 District CPAC voted at their October meeting to
3 recommend to deny this application."
4 Basically, you know, it says it's the labor
5 union hall.
6 "This is on the back side of the Holly Ford
7 neighborhood, which has been there for 50 years,
8 with only one road out of the area across the
9 CSX Railroad lines, namely Ford Avenue. RPI and
10 MU could also include IL, which is totally out
11 of the question.
12 "For these reasons, we recommend that the
13 application is denied.
14 "Sincerely, Bill Baker, Chairman."
15 It's cc'd to every member of the
16 committee.
17 I guess I would -- I don't think anyone
18 from the CPAC contacted me, you know. But, I
19 mean, I could take the position since they
20 didn't talk with me, I would go ahead and move
21 it, but I don't want to do that. I would like
22 to --
23 MS. JOHNSTON: Ms. Lee, would you mind if I
24 elaborated a little on the conversations before
25 the CPAC? Because, actually, the CPAC has a
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1 subcommittee, the Governmental Affairs
2 Subcommittee, that considers --
3 MS. LEE: Yes, ma'am. If you'd just let me
4 finish.
5 MS. JOHNSTON: Okay. I'm sorry. Please
6 continue.
7 MS. LEE: My question would be, through the
8 Chair to Ms. Johnston, do you have some type of
9 time line you're dealing with?
10 MS. JOHNSTON: Yes, ma'am.
11 Because this is a land use transmittal
12 application, they travel in a series together.
13 And if it is deferred, then, as Ms. Jones asked
14 that a prior application be deferred, it's
15 deferred for six months time. It's not a
16 two-week stint like a regular rezoning
17 application.
18 So what I would suggest, if you would be
19 open to the suggestion, is that -- because a lot
20 of the concerns that I can elaborate on for you
21 from the CPAC had to do with what would actually
22 be within the site plan and the PUD -- that we
23 could continue to work on those types of things
24 and meet with Ms. Lee and with the CPAC in
25 addition to any members of the Holly Ford
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1 community that would want to be involved in the
2 process so that we could address any concerns
3 that they might have.
4 MS. LEE: Well, Ms. Johnston, I certainly
5 think you are an honorable person, but, you
6 know, we do know that if it's not in writing,
7 things happen and things change.
8 What I would be amenable to, Mr. Chairman
9 and members of the committee, is that we defer
10 this. And if the CPAC committee or
11 representative feels -- feel that, you know, he
12 wants to talk to me or they feel necessary that
13 it's, you know, important or it doesn't matter
14 one way or the other, then I'll ask for it to be
15 pulled.
16 But I do think I have some responsibility,
17 since there is a letter of opposition in the
18 record, that I should try to find out what the
19 problems are and see if there's a way to resolve
20 it.
21 Ms. Johnston, I'm sorry, because I know
22 that you did write me, and at the particular
23 time, obviously, I didn't -- but there's a
24 letter of opposition in the file.
25 I've talked with no one with the Northside
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1 CPAC. And only a small portion is in the area I
2 represent, but it still is and I don't want to
3 at least not have the opportunity to have some
4 type of dialogue with the group.
5 If, for instance, we're able to have some
6 conversation between now and next Tuesday, then
7 I would ask Mr. Corrigan if he would be
8 amenable, and if I'm comfortable with it, to
9 pull it, and we could then vote on it.
10 MS. JOHNSTON: Yes, ma'am.
11 If you're willing to do so, I'm sure before
12 next Tuesday we could perhaps try to schedule a
13 meeting with either the Chair of the
14 Governmental Affairs Subcommittee or someone
15 within the CPAC committee of your choice if you
16 would like to discuss those issues.
17 I would ask that we go ahead and move
18 forward on the application tonight, not defer
19 the application tonight but move forward
20 tonight, and then by Tuesday if you still have
21 these concerns, then we would agree to defer it
22 on Tuesday.
23 Would that be agreeable?
24 MS. LEE: No, it won't.
25 I will request deferral and allow exactly
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1 what I said prior to -- I do have a question.
2 Is the developer willing to state that it
3 won't be apartments built? Is that -- or what
4 will be built?
5 MS. JOHNSTON: No, ma'am.
6 When we met before the CPAC and the
7 Governmental Affairs Committee, we explained
8 what the project was, and we suggested that it
9 would be apartments or condominiums.
10 I believe some of the concern indicated
11 from some of the members of the CPAC was that
12 they did not -- essentially do not want
13 multifamily anywhere within the Northside. Even
14 though this location may be appropriate for
15 that, they did not want the proliferation of
16 multifamily. They cited increased crime rates,
17 subsidized housing, government housing.
18 Their concerns were that it was going to be
19 some type of low-rent, low-income type housing.
20 I told them that our intention was to do a
21 quality project and that our PUD would set forth
22 development standards and that we would be --
23 that we would clearly state forth that we would
24 not do a low-income housing project.
25 Some of the members of the Governmental
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1 Affairs Committee understood that the zoning
2 aspect of it would come through the PUD in the
3 spring, and they were willing to move forward
4 with the application. And one of the members of
5 the CPAC, Tom Ruffin (phonetic), said
6 specifically, Well, Ms. Johnston, I know you're
7 going to have to come back in the spring, and if
8 you don't bring me a good PUD, I'll vote against
9 it, but I'm okay with moving forward today
10 because I know that you're going to have to
11 follow up with a PUD that I'm happy with.
12 Now, when we got to the full CPAC, there
13 were a couple of members of the CPAC who
14 basically said we don't like the RPI land use
15 category because you can do multifamily and you
16 can do commercial and you can do office all
17 within that. I said, well, we are proposing a
18 residential project. And, as I said, they're
19 not happy with the residential -- the
20 multifamily component of the project.
21 In the letter in opposition from the
22 CPAC -- I actually didn't get a chance to see
23 that -- but what you read said that they could
24 also do light industrial, and you cannot do
25 light industrial in an RPI land use category.
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
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1 So that is incorrect. There's limited types of
2 uses allowed in RPI. There's limited commercial
3 office, single-family, multifamily, and I
4 believe staff can confirm that for me if I'm
5 speaking out of turn.
6 MS. LEE: Through the Chair.
7 THE CHAIRMAN: Can I give it a little bit
8 of input?
9 The difficulty if we defer and try to bring
10 it up is it won't appear on the agenda on
11 Tuesday night because we're the only committee
12 of reference. So it would have to be placed on
13 the addendum, which the Council President warned
14 at the last meeting he would not be in favor of
15 having an addendum anymore.
16 So I'll support what the district
17 councilperson wanted to do. I just want to make
18 sure you had all the information.
19 MS. LEE: Right. Well, maybe --
20 THE CHAIRMAN: If you told me at the
21 meeting you want to defer it, I would absolutely
22 defer it.
23 MS. LEE: I think, Mr. Chairman, that there
24 are special circumstances. And that's the good
25 thing about our -- Mr. Chairman, that's the good
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1 thing about our process, is that that is why it
2 is in place, so that when councilmembers are not
3 sure and they don't have enough information and
4 there may be some missing points, that the
5 leadership of the council acknowledges that and
6 that the chairperson of those respective
7 committees will make that request.
8 I think that, based on what Ms. Johnston
9 said, it's indicative of all communities that
10 say they don't want apartments. I think we just
11 voted some things down. You know, nobody wants
12 anything in their back door.
13 I am not stating at all that I am opposed
14 to this. If I were adamantly opposed to it
15 between September and now, I certainly would
16 have voiced that. But inasmuch as it is a
17 letter of opposition dated November the 28th,
18 which is right here in front of us -- maybe
19 because of Thanksgiving and some other things, I
20 certainly wasn't cognizant of it and obviously
21 the other members weren't because it wasn't even
22 in our folder today -- Mr. Chairman, I would
23 like to think that the leadership of the council
24 would be amenable because that's why this
25 process is here.
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1 THE CHAIRMAN: I have good news for you. I
2 was incorrect. We actually have a public
3 hearing at council on Tuesday night, the 8th.
4 So it will appear on the agenda, so you can do
5 what you want.
6 I would encourage Ms. Johnston and the CPAC
7 chair to get with the councilwoman and try to
8 work it out and, obviously, would support
9 releasing it from the committee if you were
10 happy at that point.
11 MS. LEE: Mr. Chairman, I do appreciate
12 that.
13 And, Ms. Johnston, again, my opposition to
14 releasing this today certainly is not personal
15 towards your firm, but there are letters of
16 opposition. It is in the area that I represent,
17 and I would just like to make sure that at least
18 I have -- at least had an opportunity to reach
19 out to see what the problem is.
20 That certainly doesn't mean I'm for or
21 against it, but it means that at least I've
22 attempted to try to meet with the people who
23 will most be affected by it, the people who live
24 in the area.
25 MS. JOHNSTON: Yes, ma'am, we understand.
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1 And we will make every effort to contact
2 you and be in contact with you and the CPAC
3 member before next Tuesday to discuss it
4 further.
5 MS. LEE: I apologize that we're doing this
6 at the last minute. In the future, if you have
7 anything, I'll certainly make an effort to try
8 to work it out prior to meeting.
9 MS. JOHNSTON: Thank you. I appreciate
10 that.
11 MS. LEE: You're welcome.
12 THE CHAIRMAN: So based on your request,
13 Councilmember Lee, I'm going to open and
14 continue 2007-1235 with no further action.
15 There will be a public hearing on Tuesday. And
16 if it's worked out, then I'll be happy to
17 discuss releasing it from the committee.
18 MS. LEE: (Inaudible.)
19 THE CHAIRMAN: Well, to keep the public
20 hearing open in the event that action does not
21 happen on Tuesday, then it will be available for
22 action at a future date without readvertising.
23 It's standard procedure that we would do at
24 this point. I mean, we're deferring it. We're
25 not taking any action. We're just continuing
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1 the public hearing.
2 MS. LEE: Okay.
3 THE CHAIRMAN: Thank you.
4 MS. JOHNSTON: Thank you.
5 THE CHAIRMAN: Item number 50, 2007-1236.
6 We have one speaker, Mr. Tom Ingram.
7 (Mr. Ingram approaches the podium.)
8 MR. INGRAM: Good evening.
9 Tom Ingram, 245 Riverside Avenue, Suite
10 400.
11 I'm here representing Alta Lakeside, LLC,
12 which is part of the Stokes Land Group.
13 This is a proposed land use amendment for
14 approximately 287 acres. It's between Alta and
15 New Berlin. It's south of the Northpoint
16 Industrial Park and north of several warehouse
17 developments. There's also residential in the
18 area, the Marshwinds project and others, but
19 it's currently approved for 650 single-family
20 dwelling units.
21 In light of the Mitsui announcement, the
22 Hanjin announcement, aggressive industrial
23 expansion on the Northside, thank God, they're
24 really looking to be a part of that. It's a
25 strategic site. It's about a half a mile from
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1 the Alta interchange. It's less than two miles
2 from the Mitsui terminal.
3 So for the long term, for the next hundred
4 years plus, this is a -- it's a great site for
5 warehouse distribution and to provide the jobs
6 for the future of Jacksonville.
7 I'd be happy to answer any questions.
8 Thank you.
9 THE CHAIRMAN: Thank you.
10 Seeing no questions and no further
11 speakers, we'll close that public hearing.
12 MR. WEBB: Move the bill.
13 MS. JONES: Second.
14 THE CHAIRMAN: Motion and second on
15 2007-1236.
16 Seeing no speakers, open the ballot and
17 record the vote.
18 (Committee ballot opened.)
19 MR. CORRIGAN: (Votes yea.)
20 MR. CLARK: (Votes yea.)
21 MS. LEE: (Votes yea.)
22 MS. JONES: (Votes yea.)
23 MR. SHAD: (Votes yea.)
24 MR. WEBB: (Votes yea.)
25 MR. YARBOROUGH: (Votes yea.)
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1 (Committee ballot closed.)
2 MS. LAHMEUR: Seven yeas, zero nays.
3 THE CHAIRMAN: You just approved 2007-1236.
4 Thank you.
5 MR. INGRAM: Thank you.
6 THE CHAIRMAN: Item 51, 2007-1237. We will
7 open that public hearing.
8 Seeing no speakers for -1237 -- actually, I
9 do. I'm sorry. It's Paige Johnston.
10 Sorry, Paige.
11 (Ms. Johnston approaches the podium.)
12 MS. JOHNSTON: That's okay.
13 Paige Johnston, 1301 Riverplace Boulevard,
14 on behalf of the applicant.
15 This is another application for land use
16 transmittal. We're requesting a land use change
17 from LDR to LI.
18 This property is approximately 14 acres at
19 the intersection of Faye Road and Eastport Road,
20 and it is located in the industrial sanctuary,
21 and we believe that this is consistent with the
22 comprehensive plan.
23 We met with the area councilperson, and
24 he's not objecting to the land use change. And
25 we also met with the CPAC, and they were in
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1 favor of the request. So we would ask for your
2 support as well.
3 THE CHAIRMAN: Thank you.
4 Seeing no further speakers, the public
5 hearing is closed.
6 Motion on the bill?
7 MR. CLARK: Move the bill.
8 THE CHAIRMAN: Second?
9 MR. SHAD: Second.
10 THE CHAIRMAN: I have a motion and second
11 on -1237.
12 Seeing no speakers, open the ballot and
13 record the vote.
14 (Committee ballot opened.)
15 MR. CORRIGAN: (Votes yea.)
16 MR. CLARK: (Votes yea.)
17 MS. LEE: (Votes yea.)
18 MS. JONES: (Votes yea.)
19 MR. SHAD: (Votes yea.)
20 MR. YARBOROUGH: (Votes yea.)
21 (Committee ballot closed.)
22 MS. LAHMEUR: Six yeas, zero nays.
23 THE CHAIRMAN: By your action, you've just
24 approved 2007-1237.
25 2007-1238. A very familiar face,
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1 Paige Johnston.
2 MS. JOHNSTON: Good evening.
3 Paige Johnston --
4 THE CHAIRMAN: Excuse me. We'll open the
5 public hearing.
6 Go ahead.
7 MS. JOHNSTON: Paige Johnston, 1301
8 Riverplace Boulevard, on behalf of the
9 applicant.
10 This also is an application for a land use
11 transmittal. We have approximately 995 acres
12 located at the northwest -- I'm sorry --
13 northeast intersection of Pecan Park Road and
14 I-95.
15 We're requesting the change to multiuse so
16 that this property can be designated as the
17 Pecan Park regional activity center. We have
18 proposed uses including commercial, light
19 industrial, residential, and office.
20 This is located in an area that's
21 designated on the North Vision -- North Master
22 Vision plan as a regional power center, and we
23 believe that we are consistent with the
24 comprehensive plan.
25 We have met with the area councilperson,
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1 and he does not object to the application.
2 We've also met with the CPAC, and they also
3 supported the application. There was also a
4 community meeting that was held a couple of
5 months ago to go over the plan with the
6 community, and we had some good feedback from
7 them as well. We look forward to working with
8 everyone throughout the process.
9 I'm available for questions.
10 THE CHAIRMAN: Thank you very much.
11 Seeing no questions, that public hearing is
12 closed.
13 MR. CLARK: Move the bill.
14 MR. SHAD: Second.
15 THE CHAIRMAN: Motion and second on -1238.
16 Seeing no speakers, open the ballot and
17 record the vote.
18 (Committee ballot opened.)
19 MR. CORRIGAN: (Votes yea.)
20 MR. CLARK: (Votes yea.)
21 MS. LEE: (Votes yea.)
22 MS. JONES: (Votes yea.)
23 MR. SHAD: (Votes yea.)
24 MR. YARBOROUGH: (Votes yea.)
25 (Committee ballot closed.)
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1 MS. LAHMEUR: Six yeas, zero nays.
2 THE CHAIRMAN: By your action, you just
3 approved 2007-1238.
4 Committee members, we're on the top of
5 page 16, 2007-1239. We'll open that public
6 hearing.
7 Seeing no speakers, we'll close that public
8 hearing.
9 MR. YARBOROUGH: Move the bill.
10 MR. CLARK: Second.
11 THE CHAIRMAN: I have a motion on
12 2007-1239.
13 MS. LAHMEUR: There's an amendment.
14 THE CHAIRMAN: There is an amendment.
15 MR. CLARK: Move the amendment.
16 MR. YARBOROUGH: Second.
17 THE CHAIRMAN: I have a motion and second
18 on the amendment.
19 Could we please have the amendment
20 explained to us.
21 (Inaudible discussion.)
22 THE CHAIRMAN: I remember somebody saying
23 an amendment in the agenda meeting, so please
24 bear with us.
25 (Inaudible discussion.)
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1 THE CHAIRMAN: While they're discussing it
2 for a second time, let me reiterate what I said
3 earlier.
4 Due to a new law passed by this council, if
5 you are here as a lobbyist on any bill that
6 we'll be considering or if you -- a lobbyist is
7 defined as someone that's being compensated by
8 someone that's proposing or defending a bill --
9 or if you have a financial gain from a
10 particular project, you need to fill out a
11 lobbyist registration form prior to speaking.
12 They are located right up here (indicating).
13 It's the white paper right up here in the front
14 on the right.
15 Councilmember Lee.
16 MS. LEE: Mr. Chairman, may I ask a
17 question about that?
18 THE CHAIRMAN: Sure.
19 MS. LEE: I really should be asking legal.
20 Is someone here from legal?
21 THE CHAIRMAN: Ms. Eller.
22 MS. LEE: Ms. Eller, I apologize.
23 If a person is representing something and
24 they don't speak and they're representing a
25 group, should they be required to fill out a
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1 card as well?
2 MS. ELLER: I'll double-check, but I
3 believe our new council rule is just if you're
4 actively lobbying, so if you are, in fact,
5 speaking. So if they're just here to listen in,
6 then I don't think that they're required to do
7 that lobbyist registration.
8 MS. LEE: Well, what about if they have
9 lobbied you in the past?
10 MS. ELLER: Yeah. If they are doing --
11 MS. LEE: If that person doesn't fill out a
12 card, can I submit their name and they'd be
13 required --
14 MS. ELLER: Sure.
15 MS. LEE: -- if they spoke to me to tell me
16 who they was supporting?
17 MS. ELLER: Sure. It's not limited to just
18 when you're speaking before the committee. It's
19 any lobbying effort that you do.
20 THE CHAIRMAN: It's lobbying the Council?
21 MS. ELLER: Yeah. If they show up at your
22 office --
23 MS. LEE: So that person should make sure
24 that they fill out a card?
25 MS. ELLER: Correct.
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1 MS. LEE: Okay. Thank you.
2 THE CHAIRMAN: And just for the record,
3 it's not just for lobbying the City Council;
4 it's lobbying any board or commission in the
5 City.
6 MS. LEE: Right. Well, I just wanted to
7 make sure because they're having some issues. I
8 know I was lobbied on prior to this rule being
9 at council. And you may not see those people
10 speaking, but they are definitely receiving
11 dollars and cents. I just want to make sure
12 that they follow the rules.
13 THE CHAIRMAN: Thank you.
14 Do we have an answer on our amendment yet?
15 MR. CROFTS: Yes, sir. I apologize.
16 The amendment was something that came up at
17 the Planning Commission, and I will give it in
18 this context.
19 In our negotiations with the Department of
20 Community Affairs, when they're reviewing our
21 land use amendments as we transmit them over
22 there for their review, they have in some cases
23 asked us to limit the development potential of
24 particular land use amendments by including on
25 the future land use map an asterisk, which would
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1 depict specifically what the maximum development
2 potential or development limitations would be
3 for a particular proposal.
4 What came up at the Planning Commission
5 meeting was a citizen, a representative of the
6 public, said that by including an asterisk on
7 the map might be confusing and that we ought to
8 use some other symbol other than an asterisk to
9 clarify the difference between a particular
10 development potential as it relates to a
11 particular amendment in this particular action.
12 So we're in support. That's not a
13 problem. It's just taking -- using a symbol
14 other than an asterisk on the land use map to
15 indicate a potential change, and we're in
16 support of that amendment.
17 THE CHAIRMAN: Okay. So our amendment gets
18 rid of the asterisk and puts something else.
19 All in favor of the asterisk amendment.
20 COMMITTEE MEMBERS: Aye.
21 THE CHAIRMAN: All opposed.
22 COMMITTEE MEMBERS: (No response.)
23 THE CHAIRMAN: The asterisk amendment
24 carries.
25 MR. CLARK: Move the bill.
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1 MS. JONES: Second.
2 THE CHAIRMAN: Motion and second on
3 2007-1239 as amended.
4 Seeing no discussion, open the ballot and
5 record the vote.
6 (Committee ballot opened.)
7 MR. CORRIGAN: (Votes yea.)
8 MR. CLARK: (Votes yea.)
9 MS. LEE: (Votes yea.)
10 MS. JONES: (Votes yea.)
11 MR. SHAD: (Votes yea.)
12 MR. WEBB: (Votes yea.)
13 MR. YARBOROUGH: (Votes yea.)
14 (Committee ballot closed.)
15 MS. LAHMEUR: Seven yeas, zero nays.
16 THE CHAIRMAN: By your action, you have
17 just approved 2007-1239.
18 Don't forget to put an asterisk on that
19 bill noting that amendment.
20 If you've just joined us or joined us since
21 we got started, we're going to take up 2007-1240
22 last. We have just a little bit more business
23 to do. We're going to come back to this bill in
24 a few minutes. We want to make sure we can
25 dedicate the time necessary to properly consider
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1 this bill.
2 We'll skip 54 and go to 55, 2007-1242.
3 We'll open that public hearing.
4 Seeing no speakers, we'll close that public
5 hearing.
6 MR. CLARK: Move the bill.
7 MR. WEBB: Second.
8 THE CHAIRMAN: A motion and second on
9 -1242.
10 Seeing no discussion, open the ballot and
11 record the vote.
12 (Committee ballot opened.)
13 MR. CORRIGAN: (Votes yea.)
14 MR. CLARK: (Votes yea.)
15 MS. LEE: (Votes yea.)
16 MS. JONES: (Votes yea.)
17 MR. SHAD: (Votes yea.)
18 MR. WEBB: (Votes yea.)
19 MR. YARBOROUGH: (Votes yea.)
20 (Committee ballot closed.)
21 MS. LAHMEUR: Seven yeas, zero nays.
22 THE CHAIRMAN: By your action, you have
23 approved 2007-1242.
24 Item 56, -1243, is deferred.
25 MR. CROFTS: Mr. Chairman.
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1 THE CHAIRMAN: Excuse me. Mr. Crofts.
2 MR. CROFTS: I think now may be the
3 appropriate time to go back to page 5 of the
4 agenda and take up item 14.
5 THE CHAIRMAN: That's correct. I
6 appreciate you bringing that up.
7 We did have someone that was in a meeting
8 and could not join us until now. So I believe
9 Ms. Moehring is here. We are back on 2007-578.
10 We opened and closed that public hearing, and
11 we're ready to hear input from the Planning
12 Department.
13 Is there anyone in the audience here to
14 speak on 2007-578? If you would raise your
15 hand, please.
16 AUDIENCE MEMBERS: (No response.)
17 THE CHAIRMAN: I do not see anybody, so
18 we'll keep that closed and go to Margo Moehring
19 for our Planning Department report.
20 MS. MOEHRING: Thank you, Mr. Chairman.
21 Please excuse my tardiness earlier.
22 You may recall that the text amendment
23 regarding the coastal high hazard area,
24 2007-578, was introduced last spring. The
25 department requested the item to be deferred
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1 from that semiannual series of land use map
2 amendments and has continued to work on it with
3 the Regional Council staff and the Jacksonville
4 Fire and Rescue Department Emergency
5 Preparedness Division.
6 The comprehensive plan, consistent with
7 what has long been state law already, includes
8 policies aimed at directing residential
9 development away from the coastal high hazard
10 area and maintaining or lowering hurricane
11 clearance times. However, the current text in
12 the plan is not sufficient to meet current state
13 law and, in the view of the Planning and
14 Development Department, to link land use and
15 emergency preparedness planning.
16 In 2006, state law changed and changed
17 the definition of coastal high hazard from
18 Category 1 Evacuation Zone to Storm Surge
19 Zone 1. It also allowed communities to change
20 future land use map designations in the coastal
21 high hazard if they adopt a level of service for
22 out-of-county evacuation for a Category 5 storm
23 event, adopt 12 hours for clearance to in-county
24 shelter, and provide appropriate mitigation.
25 Such mitigation can be the payment of money,
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1 contribution of land, or construction of shelter
2 or transportation facilities.
3 We view the change in law as an
4 opportunity. We've worked extensively with the
5 Emergency Preparedness Division and staff of the
6 Regional Council to draft a local mitigation
7 program with citywide policies and site-specific
8 policies.
9 If I ask -- may I ask one of my colleagues
10 to pass out -- we have a smorgasbord of options
11 for you, and they were in your LUZ book.
12 Exhibit A -- and Folks is passing them
13 out -- is the detailed local mitigation plan
14 that we have worked on with the Emergency
15 Preparedness Division and the Regional Planning
16 Council's staff.
17 Exhibit B is the bare minimum that we must
18 do in order to meet the state statute which
19 requires that we update our comprehensive plan
20 to include the new definition of coastal high
21 hazard and a map reflecting the new boundaries
22 of coastal high hazard by July 2008.
23 The department has changed its position
24 since the Local Planning Agency meeting because
25 we've been informed that there's concern that
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1 there has been insufficient stakeholder input
2 into our draft. As such, we currently recommend
3 Exhibit C, which is marked with a purple sticky
4 in the handout, which would be to adopt the map
5 in the definition, update the hurricane
6 clearance time in the comprehensive plan, and
7 commit to establish a working group to consider
8 these policies by January 1, 2009.
9 We're committed, of course, to developing
10 these policies sooner and would hope to be able
11 to brief you on our progress at the adoption
12 round of this text amendment.
13 The working group, of course, will be able
14 to use Exhibit A as a starting point in their
15 consideration.
16 Please note that without the additional
17 policies, we can anticipate issues with the
18 State if we try to change future land use map
19 categories. In fact, the last time we tried to
20 do so -- the last two instances where we tried
21 to do so where analysis showed that hurricane
22 evacuation times were not maintained resulted in
23 a finding of noncompliance by the State.
24 So we urge the council committee to commit
25 to working with us on this important issue, and
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1 we recommend your approval of revised Exhibit 1
2 for 2007-578, Exhibit C as we have handed out
3 today.
4 Thank you for your attention. I'm
5 available for questions.
6 THE CHAIRMAN: All right. Thank you very
7 much.
8 Councilmember Shad has a question.
9 MR. SHAD: (Inaudible.)
10 THE CHAIRMAN: Yes, we are.
11 MR. SHAD: Are we going to move Exhibit C
12 or amend -- would it be amend to attach
13 Exhibit C?
14 MS. ELLER: Correct.
15 MR. CLARK: Second.
16 THE CHAIRMAN: Motion and second on the
17 amendment.
18 Councilmember Clark, are you on the
19 amendment or are you on the bill?
20 MR. CLARK: (Inaudible.)
21 THE CHAIRMAN: Okay. Seeing no discussion
22 on the amendment, all in favor signify by saying
23 aye.
24 COMMITTEE MEMBERS: Aye.
25 THE CHAIRMAN: All opposed.
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1 COMMITTEE MEMBERS: (No response.)
2 THE CHAIRMAN: The amendment carries.
3 MR. CLARK: Move the bill as amended.
4 MR. SHAD: Second.
5 THE CHAIRMAN: Motion and second on
6 2007-578 as amended.
7 Seeing no discussion, open the ballot and
8 record the vote.
9 (Committee ballot opened.)
10 MR. CORRIGAN: (Votes yea.)
11 MR. CLARK: (Votes yea.)
12 MS. LEE: (Votes yea.)
13 MS. JONES: (Votes yea.)
14 MR. SHAD: (Votes yea.)
15 MR. WEBB: (Votes yea.)
16 MR. YARBOROUGH: (Votes yea.)
17 (Committee ballot closed.)
18 MS. LAHMEUR: Seven yeas, zero nays.
19 THE CHAIRMAN: By your action, you have
20 just approved 2007-578.
21 Ms. Moehring, thank you very much for your
22 assistance.
23 Committee members, we are back on page 17.
24 The following items will be deferred. All the
25 items on page 17: 2007-1244, -1245, -1246, and
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1 -1247.
2 On page 18, all these items will be
3 deferred: 2007-1248, -1249, -1250, and -1266.
4 At the bottom of the page, item 65,
5 2007-1305 will be second and rereferred.
6 Page 19, all the items on that page are
7 second and rereferred: -1306, -1307, -1308,
8 -1309, -1310.
9 On page 20, all the items on that page will
10 be second and rereferred: 2007-1311, -1312,
11 -1340, -1341, and -1342.
12 On page 21, the top item, 2007-1343, will
13 be second and rereferred.
14 The second item, item 77, we actually have
15 a small amendment. Can I have a motion on the
16 amendment?
17 MR. WEBB: Move the amendment.
18 MR. SHAD: Second.
19 THE CHAIRMAN: Motion and second on the
20 amendment.
21 Can I have an explanation of the amendment,
22 please.
23 MS. ELLER: To the Chair, -1344 and -1345
24 actually have the same amendment. These are
25 both development agreements that are extending a
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1 previous development agreement. And in the
2 extension, they're actually pulling in another
3 CCAS that has actually caught up in time to this
4 one.
5 So in order to have them in the proper form
6 when you ultimately discuss them on January
7 15th, the request came from the concurrency
8 management office to hear these amendments
9 tonight and read second and rerefer.
10 THE CHAIRMAN: Okay. Seeing no questions
11 on the amendment, all in favor signify by saying
12 aye.
13 COMMITTEE MEMBERS: Aye.
14 THE CHAIRMAN: All opposed.
15 COMMITTEE MEMBERS: (No response.)
16 THE CHAIRMAN: The amendment carries.
17 Can I have a motion to second and rerefer,
18 please.
19 MR. YARBOROUGH: So moved.
20 MR. SHAD: Second.
21 THE CHAIRMAN: I have a motion and second
22 to second and rerefer.
23 Open the ballot and record the vote.
24 (Committee ballot opened.)
25 MR. CORRIGAN: (Votes yea.)
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1 MR. CLARK: (Votes yea.)
2 MS. LEE: (Votes yea.)
3 MS. JONES: (Votes yea.)
4 MR. SHAD: (Votes yea.)
5 MR. WEBB: (Votes yea.)
6 MR. YARBOROUGH: (Votes yea.)
7 (Committee ballot closed.)
8 MS. LAHMEUR: Seven yeas, zero nays.
9 THE CHAIRMAN: By your action, you have
10 amended and rereferred 2007-1344.
11 2007-1345 has the same situation.
12 MR. WEBB: So moved.
13 MR. SHAD: Second.
14 THE CHAIRMAN: A motion and second on the
15 amendment, -1345. All in favor signify by
16 saying aye.
17 COMMITTEE MEMBERS: Aye.
18 THE CHAIRMAN: All opposed.
19 COMMITTEE MEMBERS: (No response.)
20 THE CHAIRMAN: The amendment carries.
21 MR. YARBOROUGH: (Inaudible.)
22 MR. SHAD: Second.
23 THE CHAIRMAN: Motion and second to second
24 and rerefer -1345.
25 Seeing no discussion, open the ballot and
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1 record the vote.
2 (Committee ballot opened.)
3 MR. CORRIGAN: (Votes yea.)
4 MR. CLARK: (Votes yea.)
5 MS. LEE: (Votes yea.)
6 MS. JONES: (Votes yea.)
7 MR. SHAD: (Votes yea.)
8 MR. WEBB: (Votes yea.)
9 MR. YARBOROUGH: (Votes yea.)
10 (Committee ballot closed.)
11 MS. LAHMEUR: Seven yeas, zero nays.
12 THE CHAIRMAN: By your action, you have
13 rereferred 2007-1345.
14 2007-1346 is second and rereferred.
15 Page 22, the two items on that page, -1347
16 and -1350, would be read second and rerefer.
17 Unless somebody tells me differently, we've
18 done all the items except 2007-1240.
19 I will tell you that we typically take a
20 break at 7 o'clock for our court reporter,
21 Ms. Tropia, to take a break on her fingers
22 before they fall off.
23 In order for us to be able to begin this
24 discussion and not have to stop ten minutes
25 later, why don't we go ahead and take a
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1 ten-minute break now.
2 If you need to use the restroom before we
3 get started, they're located in the lobby, and
4 there's vending machines out there as well.
5 We will start back at about ten till 7:00.
6 We are adjourned for ten minutes.
7 (Brief recess.)
8 THE CHAIRMAN: Okay. Welcome back.
9 Committee members, thank you for coming
10 back. Members of the audience, thank you for
11 your cooperation.
12 We have one bill left to consider tonight
13 on the agenda. It's 2007-1240. It's a -- you
14 know, I started to joke and open the public
15 hearing and then hold these up (indicating) and
16 say no speakers, close the public hearing, but
17 that's not true.
18 I will tell you that I know what we're
19 getting ready to discuss here tonight is
20 extremely serious and an emotional issue for
21 many of the people in this room. Whether you're
22 on one side or the other, it's emotional. I
23 understand that and this committee understands
24 that, and we're used to dealing with emotional
25 items here on the council.
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1 I will tell you that we're going to deviate
2 from our normal procedure of considering a bill
3 because I think it will help improve the debate
4 that we're going to have. I appreciate your
5 cooperation as we do this.
6 Let me talk to you a little bit about the
7 ground rules. If you are going to speak, you do
8 need to turn in a blue speaker's card. I think
9 most of you got that message earlier.
10 What we're going to do tonight -- and I've
11 discussed this with both sides, as well as the
12 District Council Representative, Bill Bishop --
13 I am going to allow 20 minutes for each side to
14 present their case. We'll begin with the
15 proponents and the sponsor of the bill and then
16 follow that with the opposition.
17 I've asked Councilmember Bishop to
18 coordinate the speakers of the opposition so
19 they can coordinate their 20-minute
20 presentation.
21 After we have the two presentations, we
22 will then take additional public comments from
23 members in the audience.
24 I will tell you that we know that you may
25 be an affected resident and don't like it and
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1 you want to express that. We also know that if
2 you are a user or supporter of the airport, you
3 may want to express that. You're welcome to do
4 that. I will tell you that the most efficient
5 use of your time is to present new evidence to
6 this committee for us to consider as we make our
7 decision.
8 Our council rules, especially at council
9 meetings, state that we are not allowed to have
10 public displays of support. I'm going to -- in
11 support of my committee, I'm going to waive that
12 tonight for a few moments, and I'd like to start
13 tonight by having the two sides stand up so we
14 can have an indication of who's here in support
15 or against the bill.
16 So at this point, can I have everyone that
17 is here in support of 2007-1240 to please stand.
18 AUDIENCE MEMBERS: (Comply.)
19 THE CHAIRMAN: Thank you very much. You
20 can be seated.
21 If I can now have everyone here that is in
22 opposition of 2007-1240 to please stand.
23 AUDIENCE MEMBERS: (Comply.)
24 THE CHAIRMAN: Thank you very much. You
25 may be seated.
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1 Now, as I go through these speaker cards,
2 if you mainly wanted to be here to show your
3 opposition or support of this bill, you may wave
4 your hand and I will read for the record that
5 you oppose or you support this bill. You are
6 welcome to come down and speak, but you do not
7 have to. You can wave your hand and I'll put
8 your name and your preference in the record for
9 you to save you coming down to the podium.
10 I will also tell you that that, in my
11 opinion, should be the last display of support
12 or opposition to this bill tonight. We will
13 only accomplish what we're here tonight to do if
14 we are all very professional and courteous to
15 everyone else who's here.
16 We're going to give each and every person
17 in this room the opportunity to present their
18 facts, and we want the time when you come up to
19 present your facts to be treated the same way as
20 everybody else was. So I'd appreciate no
21 clapping, no further standing up, no displays of
22 support or opposition, and please respect each
23 person that comes up here.
24 I, as the former council president, know
25 the importance of treating everybody fairly, and
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1 I will definitely enforce that tonight. If it
2 gets out of hand or one of my committee members
3 or I don't feel like it's going the way it
4 should, then we will recess. Ms. Tropia always
5 can use another break, and we'll recess and
6 reestablish a quorum and then begin again from
7 there.
8 Before I call up the proponents and the
9 opposition to do that, I'm going to also do one
10 thing that we typically don't do. Many times in
11 a lengthy discussion, speakers refer to when you
12 hear this report, you're going to hear this and
13 you're going to think this and everything else.
14 So try to avoid that tonight.
15 I'm going to start by having the Planning
16 Commission's report read to the committee
17 members and followed by the Planning
18 Department's report described to the committee
19 members. That way as you come up to speak, you
20 can reference what has been presented rather
21 than guessing what's going to be presented later
22 in the evening.
23 So with that said, I will begin with a
24 report from the Planning Commission from
25 Mr. Dylan Reingold, who's from the Office of
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1 General Counsel and is the OGC representative at
2 the Planning Commission.
3 MR. REINGOLD: Thank you, sir.
4 Just as a brief introduction, as you've
5 requested, concerning the Planning Commission
6 hearing, on December 13th the Planning
7 Commission met, and I had a very lengthy
8 discussion concerning this matter. It was
9 approximately a six-hour hearing, including
10 testimony from the Planning Department, from
11 JAA, from the Planning Department's experts,
12 from JAA's experts.
13 Additionally, Councilmembers Bishop and
14 Yarborough were present, and we had technical
15 discussions. At that point, the public hearing
16 was opened, and there was testimony from --
17 neighborhood testimony in support and the rest
18 of the neighborhood in opposition to the
19 proposal.
20 At the end of the discussion, there were
21 some continual questions -- some additional
22 questions from the Planning Commission members
23 and of JAA staff and of the Planning
24 Department. And after the lengthy hearing, the
25 Planning Commission voted six to two to oppose
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1 this bill.
2 Please let me know if there is anything
3 else in addition you were looking for from the
4 Planning Commission.
5 THE CHAIRMAN: Thank you, Mr. Reingold.
6 Also, each committee member has a copy of
7 the Planning Commission's transcript in front of
8 them that they can reference to during the
9 meeting.
10 Are there any questions for Mr. Reingold on
11 his report?
12 COMMITTEE MEMBERS: (No response.)
13 THE CHAIRMAN: If not, thank you very
14 much.
15 Now let's go to Mr. Thoburn for the
16 Planning Department's recommendation.
17 (Mr. Thoburn approaches the podium.)
18 MR. THOBURN: Thank you, Mr. Chairman.
19 My name is Brad Thoburn, Planning
20 Department, at 128 East Forsyth Street.
21 As you know, the proposed text amendment
22 before you would effectively allow the JAA to
23 extend Runway 14/32 2,000 feet from its current
24 4,000 to 6,000 feet.
25 The reason this is considered as a text
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1 amendment is because the comprehensive plan
2 currently has language that limits or prohibits
3 the extension of this runway. That language was
4 included in 1990 with the adoption of the
5 comprehensive plan.
6 I will tell you that in 2000, the then
7 planning director issued a policy statement that
8 the Planning Department would not support a
9 future -- the extension of the runway.
10 When we started this process, from a staff
11 perspective doing the analysis, that was kind of
12 an awkward thing for us to try to deal with
13 because, in my opinion, it's the position of the
14 Planning Department and myself, as the director,
15 to ensure that we provide you with a sound
16 recommendation based on the best available data
17 and analysis. We do not set policy, but we do
18 make recommendations, and ultimately you are the
19 policy makers.
20 So with that in consideration, we didn't
21 disregard that. And I wanted to make it clear
22 that that policy statement was out there and
23 that it had been made but that we were making an
24 evaluation based on what we believed was the
25 best current available data and analysis.
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1 Our staff analysis considered a number of
2 things, including the consistency with
3 applicable plans; overall community impact,
4 including an economic impact; airport safety,
5 both on and off the airport; and community
6 impacts, with a special consideration of noise
7 impacts and property values.
8 In our evaluation, the most relevant
9 document to our review was the Part 150 study
10 commissioned by JAA, which was approved by the
11 FAA in 2006.
12 In addition, because this is an unusual
13 issue for the department to take on, we enlisted
14 the services of a technical consultant to help
15 us evaluate the 150 study and relevant documents
16 and help prepare the department's
17 recommendation.
18 We tried to go a little bit beyond our
19 normal report and we provided you a great deal
20 of information maps, and we had questions and
21 answers from the JAA and our consultant. We
22 have the airport AICUZ maps. We have pictures
23 of airplanes that are in the classifications
24 that are -- can be landing at Craig Field, and
25 that will be part of the discussion
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1 potentially.
2 So we tried to provide as much background
3 information as possible so you could make an
4 informed decision.
5 In the end, we ultimately are recommending
6 approval of the amendment as substituted, and we
7 have made some recommendations. We've basically
8 made three revisions that were proposed to
9 the -- to the proposed text amendment that came
10 from JAA.
11 The JAA proposed a weight limitation of
12 6,000 pounds maximum takeoff weight and a
13 prohibition on serving as a certified commercial
14 service airport in accordance with FAR,
15 Part 139.
16 The department further recommends language
17 limiting operations to ARC-2 classified
18 airplanes, and we believe that this effectively
19 limits the current -- future operations to those
20 which are currently allowed to operate at the
21 airport.
22 Specifically, Part 139 limits -- prohibits
23 scheduled passenger service of over nine
24 passengers, and unscheduled passenger service is
25 allowed up to 31 passengers. The C-2 class
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1 airplanes limit landing speed to 141 knots, a
2 wing span of less than 79 feet, and tail heights
3 can be no greater than 30 feet.
4 Secondly, the department has proposed that
5 the JAA establish a noise monitoring program.
6 And in case the noise impacts exceed the
7 contours established in the 150 study, they will
8 initiate appropriate mitigation.
9 Further, the City can direct the JAA to
10 conduct a 161 study, which is the formal process
11 to limit noise and/or operational access in a
12 manner that contains that noise, the noise
13 contours within the boundaries of the Part 150
14 study.
15 Lastly, the department recommends
16 prohibiting future extensions or additional
17 runways, including a parallel runway. And we do
18 this because we believe that the comp plan sets
19 a difficult process for amending it, and we
20 believe that it should -- that that limitation
21 in the future should be continued.
22 The findings of the department that led
23 to -- the key findings that led to our
24 recommendation are that the extended runway does
25 increase safety, both on and off Craig Field,
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1 that the extension generally shifts the noise
2 contour and reduces the residential -- the
3 impact on residential properties around the
4 airport. It measurably reduces noise impacts in
5 the Holly Oaks subdivision located north and
6 west of the field.
7 If you'll notice, one of the maps that you
8 have is the noise contour change under the 150
9 study, and it's a map that's got green and red
10 shades. The red shows where the noise contour
11 is increasing, and the green shows where it
12 decreases.
13 So we really relied heavily in our
14 recommendation on that 150 study and the
15 assumptions that it's used based on
16 professionally-accepted methodologies. It was
17 approved by the FAA, reviewed by our consultant,
18 and they came to the same conclusion.
19 In addition, just a couple of numbers here
20 in terms of the reduction:
21 In 2020, the projected noise contour will
22 include less land in the 60-plus noise contour,
23 reducing it from 401.6 acres to 349.3 acres, and
24 there will be less projected population, from
25 1,139 to 894, in the noise contour with the
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1 extension than without it. Additionally, the
2 extension generally does not increase capacity.
3 However, there are planes that can land at
4 Craig today that -- excuse me -- that can land
5 at Craig today but choose not to. There will be
6 some increase in larger jet activity between now
7 and 2020 with and without the extension, and the
8 Part 150 study accounts for the increased
9 activity and is appropriately reflected in the
10 noise contours.
11 Without the runway extension, Craig Field
12 is anticipated to have roughly 210,000 flight
13 operations in 2020. With the extension, there
14 is expected to be less than 215,000 flight
15 operations. And in that same time, jet aircraft
16 operations, as a percentage of total operations,
17 are expected to increase from 3 percent to
18 7 percent.
19 One of the other conclusions was that if
20 you were really to effectively increase capacity
21 at the airport, you need to add a parallel
22 runway. And so that's why we included that
23 limit -- future limitation.
24 One of the questions that came up in our
25 discussions with Councilman Bishop was, you
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1 know, the impact of noise and larger planes that
2 choose not to use the airport but that may with
3 a longer runway, and we believe that's
4 appropriately accounted for in the Part 150
5 study.
6 However, in addition to that, our
7 consultant provided some information to us that
8 notes that while as a general rule, airplane
9 noise and size are -- that as planes get larger,
10 they tend to get louder, and that would be --
11 you know, common sense would tell you that.
12 However, they provided a listing of all the
13 planes that are within the categories that can
14 land or operate at Craig Field, and they broke
15 them down by weight, from 12,500 pounds to below
16 12,500 pounds and up to 70,000 pounds, and
17 determined that actually in those categories,
18 that the noise actually got -- as an average,
19 was lower than the planes between 30- and 60-
20 and 60- and 70,000 pounds. So while there tends
21 to be a correlation in this class of -- the
22 weight classes, it actually does not bear that
23 out.
24 The Planning Department also considered
25 economic impact on surrounding neighborhoods and
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1 property values. There was some discussion
2 about the impact -- the impact on property
3 values adjacent to airports. And there has been
4 one study that was done in Raleigh that
5 indicated, as a general rule, they found that
6 airport property -- properties around airports
7 tended to be about 3 or 4 percent less than they
8 would in comparable homes in other areas and
9 that noise disclosure actually added to the
10 decrease in the property value.
11 However, because the noise contour is
12 actually shifting in a way that reduces the
13 number of properties in the contour, we don't
14 believe it has a measurable impact on property
15 values and, arguably, could be positive.
16 Finally, the department concluded that with
17 the extension -- with the restrictions
18 recommended in the substitute, we would increase
19 safety, have a modest positive economic impact,
20 and because it reduces the number of people and
21 homes in the noise contour will not negatively
22 impact surrounding communities.
23 Thank you.
24 THE CHAIRMAN: Thank you.
25 We are now ready to get into the public
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1 hearing aspect of this. Before I start the
2 public hearing, I do see several current and
3 previous elected officials. I want to recognize
4 them. Senator Jim King is here tonight.
5 Senator King, it's always a pleasure to see
6 you.
7 Former Councilmember Lake Ray and former
8 Councilwoman Lynette Self I also saw earlier.
9 If there are any other elected officials or
10 previous elected officials, I welcome you back
11 to our chamber.
12 To my committee members, what I'd like to
13 do tonight is I'd like to hear from the people,
14 and my preference is for -- as the people come
15 up and speak, if you have a question for a
16 speaker, if you could jot down your question and
17 save it for later until we finish the public
18 hearing presentations, then we can take
19 questions that way.
20 Many times in an issue like this, your
21 question is going to be answered by a speaker
22 that follows the one that raises the question
23 with you. To aid you in that, I will repeat the
24 speaker's name at the end of their comments so
25 you'll know who you need to call back up for a
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1 clarification later in the evening. So if we
2 can do that, I feel like it will help the public
3 have an opportunity to speak to us more
4 efficiently.
5 With that said, I will open the public
6 hearing on 2007-1240. I will begin with the
7 Jacksonville Airport Authority's presentation
8 who will be presented -- Mr. Stewart, is --
9 (Mr. J. Clark approaches the podium.)
10 THE CHAIRMAN: Mr. Clark, good evening and
11 welcome.
12 MR. J. CLARK: Mr. Chairman and members of
13 the LUZ committee, John Clark, 7890 Monterey Bay
14 Drive, representing the Jacksonville Aviation
15 Authority.
16 Before I begin, I would like to acknowledge
17 our board members that are in attendance tonight
18 and ask our Vice Chairman, Mr. Jim McCollum, if
19 he would open up with some comments.
20 But Mary Burnett is one of our board
21 members tonight, Dr. Chester Aikens is with us
22 this evening, and Jack Demetree was with us and
23 I think he stepped away, and John Falconetti.
24 (Mr. McCollum approaches the podium.)
25 MR. McCOLLUM: Mr. Chairman, members of the
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1 committee, Jim McCollum, 4995 Spanish Oak
2 Circle, Vice Chairman of the Jacksonville
3 Aviation Authority.
4 I would very briefly like to say two
5 things. One, I came before the committees and
6 council -- seems like years ago -- I think weeks
7 ago and said that our one major request was to
8 let the issues be brought forth, let both sides
9 have discussion and discourse, and let a
10 decision be made rather than stopping the
11 process.
12 We have followed the process to this point
13 collectively, and we thank you for doing so. I
14 think it's the right thing to do for the people
15 of Jacksonville.
16 Second and also important is that none of
17 the current board members of the Jacksonville
18 Aviation Authority were serving back before the
19 Port Authority and Aviation Authority had their
20 split. In looking at the issues to be brought
21 forth to you tonight on the extension of the
22 Craig runway, this board sincerely feels that
23 it's the right thing to do for the aviation
24 community in Jacksonville, and that's why we
25 brought it to you.
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1 The second thing I'd like to say is we
2 started this issue and this discourse with total
3 respect for both sides and all sides in this,
4 and we will end that -- however the vote comes
5 out, we will still have total respect for
6 everyone involved.
7 Thank you.
8 THE CHAIRMAN: Thank you, Mr. McCollum.
9 MR. J. CLARK: Mr. Chairman and members of
10 the committee, thank you for this opportunity.
11 I don't believe I will need 20 minutes
12 because as the executive director and CEO of the
13 Jacksonville Aviation Authority and working
14 closely with the Planning Department through the
15 process, I'm not sure that I could add any more
16 to what has already been said, other than the
17 fact that this process has been attempted and
18 underway since 1963 with the first
19 recommendations for an extension of a runway at
20 Craig Airport.
21 I will tell you that here we are in 2008,
22 and we come before City Council yet again asking
23 for the ability to amend the comprehensive plan,
24 recognizing that the community and the city of
25 Jacksonville continues to grow. So if you go
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1 back to 1963 and you fast forward to 2008,
2 continuously our community grows.
3 Aviation, airports are a part of the
4 transportation infrastructure that support the
5 community of Jacksonville, no different than a
6 highway, no different than a street, no
7 different than any public utility. The airport
8 system is a vital and critical part of the
9 transportation infrastructure to support and
10 sustain growth and life, quality of life in our
11 community.
12 So when you consider this, I would ask you
13 to consider the fact that unless the City of
14 Jacksonville believes that in 2008 going forward
15 it was going to stop growing, then as a policy I
16 would ask you to consider that the airport
17 system should grow accordingly.
18 There has continuously been requests to
19 increase the ability of Craig Airport. Why? In
20 our system there are four airports, and each one
21 of those airports serve a particular role. In
22 the case of Craig, the role is to serve as the
23 primary general aviation reliever airport to the
24 system.
25 What does that really mean? What it really
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1 means is that it is a facility that is designed
2 and operated to relieve the general aviation
3 traffic from our primary airport, which is
4 Jacksonville International Airport.
5 In order for this to be realized, we need
6 to enhance the facilities at Craig, extending
7 the runway, add safety, add operational
8 efficiency, and at the same time reduces an
9 impact of noise to the community going north and
10 west of the airport, of Craig Airport.
11 First and foremost, Craig operations
12 continue to grow every year. The jet activity
13 at Craig continues to grow, and that's why we
14 ask that you consider this. Just like any other
15 piece of infrastructure in this community where
16 there's greater and greater demands, decisions
17 have to be made to expand and extend those
18 infrastructures to support the growth.
19 We believe that, first and foremost, the
20 extension of the runway provides enhanced safety
21 of operations to a growing airport. Secondly,
22 it provides an efficiency to the overall
23 system. Thirdly, it provides growth opportunity
24 to our community overall.
25 I will stop there and be prepared to answer
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1 any questions that you may have.
2 Once again, we thank you for allowing the
3 process to continue. We think it has been a
4 healthy discussion with the residents of the
5 community and the council members that have been
6 representing the community.
7 I'm hoping at the end of this process that
8 there is an ability to create a win/win
9 situation, and a win/win is allowing an
10 extension and requiring mitigation to reduce the
11 impacts as much as possible on a growing
12 community.
13 Thank you.
14 THE CHAIRMAN: Mr. Clark, is there anyone
15 else from the Airport Authority that's going to
16 speak?
17 MR. J. CLARK: That will be it.
18 THE CHAIRMAN: Okay. Thank you very much.
19 MR. J. CLARK: Thank you.
20 THE CHAIRMAN: We are now ready to hear
21 from the opposition. I asked Councilmember
22 Bill Bishop to organize that. I have a stack of
23 cards of requested speakers.
24 If it's okay with you, I'll just proceed
25 with that.
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1 MR. BISHOP: Mr. Chairman, that's fine.
2 THE CHAIRMAN: Okay. Thank you.
3 MR. BISHOP: Excuse me, Mr. Chairman.
4 There is one slight change in there. We
5 would request that Senator King be the first
6 speaker this evening.
7 THE CHAIRMAN: Okay. We can do that. We
8 will begin with Senator Jim King.
9 (Senator King approaches the podium.)
10 THE CHAIRMAN: Senator King, good evening
11 and welcome.
12 SENATOR KING: Thank you Mr. Chairman and
13 members. I really appreciate the opportunity
14 that you've given all of us to come and speak
15 our views.
16 This is an issue that's been near and dear
17 to the hearts of the people in Arlington for
18 such a long time. All the 22 years that I have
19 served in this office, both House and Senate,
20 this has been a burning bush item. I can think
21 of nothing that has galvanized the communities
22 as much as this particular issue has.
23 Quite frankly, the arguments that we're
24 hearing today are the same arguments we heard in
25 2000, the same arguments we heard in 1999, and
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1 I'm sure the same arguments that we heard in
2 1973. Extend the runway. Things will get
3 better. Things will be safer. Trust us.
4 Well, you know, I was the chief negotiator
5 of the agreement that existed between the then
6 Port Authority and the neighborhoods in
7 Arlington. And I will tell you that everybody
8 thought -- because I reported back to them at
9 the time -- that we were assured that there
10 would be a letter confirming that -- the
11 Authority's decision not to extend the runway.
12 There have been hundreds, perhaps even
13 thousands of binding decisions made predicated
14 upon that information, that Craig was what Craig
15 is. It was all it was going to be. It was not
16 going to be bigger. You're not going to get
17 more jets. You're not going to get more this or
18 that. And we thought and I thought when we did
19 it, that that would be the end.
20 Now, since that time, we keep on hearing
21 the arguments about safety. Quite frankly,
22 while it may be true that the planes will be
23 higher and maybe even the noise quieter, the
24 fact still remains there's going to be more
25 planes. And, statistically speaking, that in
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1 itself, you know, gives rise to questions on
2 behalf of the residents as to the safety
3 factor.
4 You know, I'm not going to take a whole lot
5 of time because, first of all, I hope that
6 brevity will be rewarded. But, secondly, I also
7 feel that there are a lot of people here, who,
8 like me, live in that area and who have a right
9 and a need to express their views.
10 But I'd like to close by just saying this:
11 I'd like to speak to you politician to
12 politician. In the last decade we've all been
13 disappointed, whether you're Republican or
14 Democrat, by the esteem or the lack of esteem
15 that people hold the politicians of this country
16 because of things that were promised and not
17 delivered, because of things that were said that
18 weren't meant, and by actions on the part of
19 people after elections that refuted what they
20 had promised as being a representative of
21 government when they got elected.
22 You all have a unique opportunity tonight.
23 You have an opportunity to prove that you are a
24 part of the new breed and that what was said on
25 paper by people who they trusted then is of
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1 value now and that those citizens who felt
2 strongly that they had won the fight should
3 actually win the fight.
4 I hope that when this is all over with
5 you'll stand tall. You have a great opportunity
6 tonight. You show to the people of Jacksonville
7 and perhaps the people of the state that
8 politics -- that you can be an honest person in
9 politics, that you can bet on what people have
10 said. And I hope that you will take advantage
11 of the opportunity.
12 I've written every one of you a letter.
13 You know exactly how strongly I feel about this
14 issue. I would hope that when the vote tonight
15 is over with, you know, that our side will
16 prevail. I will also tell you, if that's not
17 the case, that just like, you know,
18 Mr. McCollum, you know, I understand that you
19 have to do what you have to do.
20 But for me it's clear. We fought the good
21 fight. We got an agreement from the Port
22 Authority. We even had the Port Authority,
23 under my insistence, write a letter confirming
24 the fact that that would be the case. We even
25 had them say that they would give back the
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1 $479,000 that was earmarked for acquisition of
2 right-of-way because they had given up totally
3 on the expansion of the runway.
4 Now, you know, what part of that doesn't
5 exist now? What part of that could be just
6 glazed over and said, well, that was then and
7 this is now?
8 I appreciate the time that you have given
9 me. I hope that the vote will be good for us,
10 and I wish you all a very, very good new year.
11 Thank you.
12 THE CHAIRMAN: Thank you, Senator King.
13 The next speaker is Lad Hawkins.
14 (Audience member approaches the podium.)
15 AUDIENCE MEMBER: Good evening.
16 My name is Lad Hawkins. I live at 1924
17 Holly Oaks Lake Road West.
18 I've worked as a professional planner in
19 Jacksonville for over 38 years. I provided
20 expert witness testimony in the field of
21 planning for 17 years. I've lived in Holly Oaks
22 for over 30 years.
23 I'm currently the president of the GACC,
24 which formed the CCC, which is the Craig
25 Community Covenant, which is the organization we
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1 formed to try and fight this battle.
2 I'm on the board of directors of Jax Pride
3 and the board of the Jacksonville Arboretum.
4 I've been active in community and civic
5 organizations for over 35 years.
6 The planning facts are that for over
7 17 years our comp plan has stated that runways
8 at Craig Field shall not be extended. Our comp
9 plan was developed through community consensus
10 and was based on sound planning principles.
11 Our last two planning directors,
12 Jeannie Fewell and Mike Saylor, opposed runway
13 extensions at Craig Field. The Arlington
14 Beaches CPAC, as well as the southeast CPAC,
15 have both unanimously voted to oppose extensions
16 at Craig Field. This is planning districts 1
17 and 2, which is half the people in all of
18 Jacksonville are in those two districts,
19 unanimously opposed this.
20 Now, this is the CPAC, citizen planning
21 advice. The planning advice is unanimous, don't
22 do this. There was a City Council resolution in
23 2000, sponsored by ten council members. JPA
24 passed a resolution in 2001, which Mr. King just
25 eloquently discussed. All the presidents and
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1 past council members from Districts 2 and 3 are
2 on record as opposing this extension.
3 Last night, the Riverside Avondale
4 Preservation met at a special meeting just to
5 take a position to support the Greater Arlington
6 Civic Council on this matter.
7 What has changed since 1990? Dames Point
8 Bridge and State Road 9A have been built, so
9 it's easier to get to JIA. Cecil Field is now a
10 civilian airport, and over 60,000 people have
11 moved into the area surrounding Craig Field.
12 All of these changes are strong planning-based
13 reasons not to extend the runways at Craig
14 Field.
15 Holly Oaks is frequently mentioned as
16 benefitting from this proposed runway
17 extension. I live in Holly Oaks. I can tell
18 you the people of Holly Oaks don't think this is
19 a good idea. I have walked door to door and
20 talked to everybody in Holly Oaks, and I haven't
21 talked to one person who said, whoopee, they're
22 going to move the runway back.
23 Holly Oaks is frequently mentioned over and
24 over again, but nobody mentioned the Villages of
25 Kernan, which is a PUD on the southeast end of
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1 this runway. It has 2,000 approved units, dead
2 at the end of the runway, and they're going to
3 move this runway a third of a mile closer to the
4 Villages of Kernan.
5 I don't know if you've looked at this plan,
6 but there's that and there's 385,000 square feet
7 of commercial dead at the end of the runway.
8 This is the corner of Kernan and Atlantic, the
9 northeast -- northwest quadrant. Nobody talks
10 about that. They're talking about Kensington.
11 They're talking about Holly Oaks. This is a
12 much bigger -- these are 20 units per acre,
13 multifamily units right dead at the end of the
14 runway, and they want to move it a third of a
15 mile. Is this safer?
16 Please keep the promises made to our
17 community and vote against this proposal.
18 Thank you very much.
19 THE CHAIRMAN: Thank you, Mr. Hawkins.
20 (Audience member approaches the podium.)
21 AUDIENCE MEMBER: I was waiting for an
22 announcement.
23 THE CHAIRMAN: Are you Gerald?
24 AUDIENCE MEMBER: Yes, sir.
25 THE CHAIRMAN: Go ahead.
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1 AUDIENCE MEMBER: Good evening, ladies and
2 gentlemen.
3 I'm Gerald Robichaud, and I reside at 1222
4 Raleigh Ridge Drive in Arlington.
5 For more than 38 years I've been a
6 professional aviator, first with the Navy and
7 Coast Guard serving my country for 21 years, and
8 then as a pilot for over 17 years at Northwest
9 Airlines. I've been trained in aviation safety
10 and aviation accident investigation and served
11 ten years on active duty in those positions.
12 I have the unique distinction of having
13 flown on every continent from Antarctica to
14 Australia, Europe to Asia, Africa and the
15 Americas. I have seen airports big and small,
16 and I come before you tonight to tell you that
17 Craig Airport fulfills its mission admirably and
18 safely. It does not need to be enlarged to make
19 it safer.
20 The overall safety record at Craig is
21 exemplary. There have been few accidents of any
22 kind, and the JAA cannot point to one in which a
23 too short runway was the cause. In the past ten
24 years, I could find only one incident of a
25 runway overrun, and that was caused by a pilot
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1 making an instrument approach when the airport
2 was fogged in below minimums. He tried to land
3 without a visual reference instead of going
4 around as required.
5 Even in that egregious case of pilot error,
6 the aircraft would have stopped on pavement had
7 the JAA been truly concerned about safety and
8 installed a paved clearway at the end of the
9 runway, something they've neglected for years.
10 Numerous times Mr. Clark and Mr. Stewart
11 have stood up here and said a longer runway is a
12 safer runway. Well, we don't dispute that, but
13 unlimited pavement could add only a fraction of
14 a percent of safety to runways or even
15 highways. But just like we haven't made
16 Atlantic Boulevard ten lanes wide with every
17 lane being a hundred feet, the FAA won't pave
18 limitless runways. The FAA says that Craig is
19 perfectly safe for the aircraft that now operate
20 there.
21 In response to my written questions,
22 Mr. Richard Owens of the regional office in
23 Orlando, which controls Craig, said this about
24 runway length, and I quote: Federal runway
25 length requirements provide for the safe
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1 operation of aircraft for which the runways were
2 designed. Adding additional runway length does
3 not appreciably increase the safety of
4 operations, end quote.
5 When Mr. Owen was asked whether the few
6 accidents at Craig justify lengthening the
7 runway, his one-word answer was "no."
8 "Safety" is an emotional word which the JAA
9 is using as their smoke screen to sell this plan
10 amendment. Again, when asked, the FAA rep said,
11 quote, we don't build runways longer for safety,
12 end quote. In fact, the newer, faster jets
13 brought in by a longer runway mixing with the
14 customary student-operated Cessnas can be a
15 formula for disaster. The JAA knows this. They
16 know they can't get Federal money to make Craig
17 safer because that's a specious argument. They
18 can only get it to make Craig suitable for
19 bigger aircraft.
20 These past four months you've been
21 presented by the JAA with an incessant drum beat
22 of the word "safety," "safety," "safety" without
23 the support of facts to show a safety problem.
24 In my professional opinion, extending the
25 runway will only increase the size, variety, and
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1 speed of aircraft using Craig without a
2 likelihood that such operations will be any
3 safer.
4 Thank you very much. Happy new year to
5 everybody.
6 THE CHAIRMAN: Thank you, Mr. Robichaud.
7 I show eight minutes and twenty seconds
8 left for the presentation.
9 Next on my list I have Hank Oltmanns,
10 followed by Barry Bobek, followed by Lake Ray.
11 (Audience member approaches the podium.)
12 AUDIENCE MEMBER: Mr. Chairman, members of
13 the committee, thank you very much for giving us
14 this opportunity.
15 My name is Henry Oltmanns, better known as
16 Hank, except when I'm in trouble with my wife or
17 with my mother who's long since past. My
18 address is 12501 Masters Ridge Drive.
19 I would like to bring up an issue of
20 workforce housing. I am a director of the
21 National Association of Realtors Federal Housing
22 Committee, a Florida Association of Realtors
23 director, and member of the Attainable Workforce
24 Housing Subcommittee, Northeast Florida Regional
25 Council Affordable Housing -- Affordable
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1 Workforce Housing Task Force member, Northeast
2 Florida Association of Realtors member, and
3 president at this time.
4 I have sent a letter to each of you on
5 October 19th that is relevant to some remarks
6 I'm going to be making here. I've also been
7 involved in a program development that our mayor
8 is presenting to the employees of the City.
9 It's a program of home ownership made easy, and
10 it's designed for workforce -- attainable
11 workforce housing.
12 Jacksonville has a serious shortage of
13 attainable workforce housing, and there's an
14 unintended consequence of 2007-1240. It's been
15 mentioned briefly earlier, but I'd like to go
16 just a little bit deeper.