1 CITY OF JACKSONVILLE

2 LAND USE AND ZONING

3 COMMITTEE

6 Proceedings held on Tuesday, November 3,

7 2009, commencing at 5:05 p.m., City Hall, Council

8 Chambers, 1st Floor, Jacksonville, Florida, before

9 Diane M. Tropia, a Notary Public in and for the State

10 of Florida at Large.

12 PRESENT:

13 RAY HOLT, Chair.

WARREN JONES, Vice Chair.

14 REGINALD BROWN, Committee Member.

DANIEL DAVIS, Committee Member.

15 JOHNNY GAFFNEY, Committee Member.

STEPHEN JOOST, Committee Member.

16 DON REDMAN, Committee Member.

ALSO PRESENT:

JOHN CROFTS, Deputy Director, Planning Dept.

19 SEAN KELLY, Chief, Current Planning.

KEN AVERY, Planning and Development Dept.

20 FOLKS HUXFORD, Zoning Administrator.

DYLAN REINGOLD, Office of General Counsel.

21 SHANNON ELLER, Office of General Counsel.

MERRIANE LAHMEUR, Legislative Assistant.

22 JESSICA STEPHENS, Legislative Assistant.

23 - - -

Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203

1 P R O C E E D I N G S

2 November 3, 2009 5:05 p.m.

3 - - -

4 THE CHAIRMAN: Good evening to everybody.

5 Welcome to the November 3rd meeting of the

6 Land Use and Zoning Committee.

7 Mr. Crofts, can you introduce yourself and

8 then everybody else around the horn.

9 MR. CROFTS: John Crofts, representing the

10 Planning and Development Department.

11 MR. KELLY: Sean Kelly, Planning and

12 Development.

13 MR. AVERY: Ken Avery, Planning and

14 Development.

15 MR. HUXFORD: Folks Huxford, Planning and

16 Development.

17 MS. ELLER: Shannon Eller from the Office

18 of General Counsel.

19 MR. REINGOLD: Dylan Reingold with the

20 Office of General Counsel.

21 MR. DAVIS: Daniel Davis.

22 MR. BROWN: Reginald Brown, District 10.

23 DR. GAFFNEY: Dr. Gaffney, District 7.

24 Go Gators.

25 THE CHAIRMAN: Ray Holt, District 11.

Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203

1 MR. JONES: Warren Jones, District 9.

2 The Gators did go.

3 MR. JOOST: Stephen Joost, Group 3

4 at-large.

5 MR. REDMAN: Don Redman, District 4.

6 MR. BISHOP: Bill Bishop, District 2,

7 visitor.

8 MR. CRESCIMBENI: Visiting Council Member

9 John Crescimbeni, at-large, Group 2.

10 THE CHAIRMAN: All right. Does everybody

11 confirm that our name tags are correct?

12 All right. Well, that's good.

13 Starting on page 2 of our agenda, item 1 is

14 deferred. 2008-541 and its companion -542, both

15 deferred.

16 2009-91, we'll need to open that public

17 hearing.

18 Seeing no speakers, we'll continue that

19 public hearing and take no further action.

20 Item 4, 2009-350, we will open that public

21 hearing. Seeing no speakers, we'll continue it

22 to 1/5 and take no further action.

23 You know what -- well, let's go ahead and

24 get through all of these because we're headed

25 for -548.

Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203

1 2009-402 is deferred.

2 MR. CRESCIMBENI: Mr. Chairman.

3 THE CHAIRMAN: Yes.

4 MR. CRESCIMBENI: On item 5, 2009-402,

5 would you be willing to consider a deferral

6 until, perhaps, after the first of the year on

7 that?

8 THE CHAIRMAN: Sure, we can do that.

9 MR. CRESCIMBENI: Or until the point the

10 JTA makes a decision on bus shelters?

11 THE CHAIRMAN: Okay. Yeah. We can square

12 that around later, but for right now we'll defer

13 it.

14 MR. CRESCIMBENI: Okay. But do I need to

15 keep coming back every Tuesday -- or every other

16 Tuesday? Maybe --

17 THE CHAIRMAN: No. No. We'll get it for a

18 date certain.

19 MR. CRESCIMBENI: I think you know, if the

20 JTA's position changes it will probably be in

21 the newspaper and then we'll revisit this

22 issue. I'm just going to kind of park it until

23 they decide what direction they want to go in,

24 if that's fair.

25 THE CHAIRMAN: All right.

Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203

1 MR. CRESCIMBENI: Thank you. I appreciate

2 that.

3 THE CHAIRMAN: We'll get that decided for a

4 date certain later, but for right now it's

5 deferred.

6 2009-429, open public hearing.

7 Seeing no speakers, we will continue the

8 public hearing and take no further action.

9 All the items on page 4 are deferred.

10 2009-530 is deferred.

11 Before we get into number 11, -548, let's

12 go to page 10 and take item number 28, 2009-765,

13 because Ms. Rewis has another meeting.

14 We will open the public hearing.

15 Ms. Rewis.

16 (Ms. Rewis approaches the podium.)

17 MS. REWIS: Hi.

18 Staci Rewis, 245 Riverside Avenue,

19 Suite 400, Jacksonville 32202.

20 You have before you tonight an NOPC to the

21 Nocatee development of regional impact.

22 A development order -- as you know, Nocatee

23 is within both Duval and St. John's County.

24 This NOPC is seeking to do two things. The

25 first is to modify the due date of the Philips

Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203

1 Highway contribution and the second is to modify

2 the due date of a traffic analysis that's due

3 January 4th. We're asking for a three-year

4 extension of the traffic analysis to allow a

5 better internal trip capture rate within the

6 development order.

7 And for the Philips Highway extension --

8 Philips Highway contribution, we're asking for

9 an extension to allow funding to be coming in

10 through the DOT, to allow the Philips Highway

11 extension from about 9A to County Road 210.

12 I'm available for questions.

13 Gregg Borrow (phonetic) with The Parc Group

14 and Don Smith with ETM is here as well.

15 THE CHAIRMAN: Okay. Thank you, ma'am.

16 Seeing no other speakers, we'll close the

17 public hearing.

18 But hang tight, Ms. Rewis. I'm going to

19 have Mr. Crofts read the amendments so that you

20 can make sure you're A-okay with all of them, or

21 whoever else wants to do it.

22 MR. REINGOLD: To the Chair, speaking on

23 behalf of Mr. Crofts, the amendment essentially

24 does two things. It's really just technical in

25 nature. One is just changing the date of the

Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203

1 NOPC in the ordinance, and two is just removing

2 some language regarding some of the buildout

3 date issues within the NOPC.

4 THE CHAIRMAN: Okay. Ms. Rewis, are you

5 squared away on all of those? You're in

6 agreement with them?

7 MS. REWIS: Yes, sir.

8 THE CHAIRMAN: Excellent. I need somebody

9 to move the amendment.

10 MR. JOOST: Move the amendment.

11 MR. JONES: Second.

12 THE CHAIRMAN: I have a motion and second

13 on the amendment.

14 All in favor of the amendment signify by

15 saying aye.

16 COMMITTEE MEMBERS: Aye.

17 THE CHAIRMAN: Amendment passes.

18 MR. JOOST: Move the bill as amended.

19 MR. JONES: Second.

20 THE CHAIRMAN: Motion and second on the

21 bill as amended.

22 Please open the ballot.

23 (Committee ballot opened.)

24 MR. HOLT: (Votes yea.)

25 MR. JONES: (Votes yea.)

Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203

1 MR. BROWN: (Votes yea.)

2 MR. DAVIS: (Votes yea.)

3 MR. JOOST: (Votes yea.)

4 MR. REDMAN: (Votes yea.)

5 DR. GAFFNEY: (Votes yea.)

6 (Committee ballot closed.)

7 THE CHAIRMAN: Close the ballot and record

8 the vote.

9 MS. LAHMEUR: Seven yeas, zero nay.

10 THE CHAIRMAN: By your action, you have

11 approved 2009-765.

12 MR. REWIS: Thank you.

13 THE CHAIRMAN: Thank you, Ms. Rewis.

14 Have a good evening.

15 Now we will go back to item number 11.

16 Page 5, number 11, item -- bill number

17 2009-548. We will open the -- first, let's have

18 an explanation from Mr. Reingold.

19 MR. REINGOLD: To the Chair. Actually, if

20 I may, I wouldn't mind just if Councilman Bishop

21 wanted to start the discussion. It was his bill

22 that he started out with, so I want to let him

23 open up -- have some intro comments and then

24 I'll be glad to discuss it further, if

25 necessary.

Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203

1 THE CHAIRMAN: Okay. Before we have other

2 council members speak, let's get our public

3 hearing out of the way, then.

4 Open the public hearing. We have no

5 speakers. We'll close the public hearing.

6 Now, if you're not on my queue, raise your

7 hand.

8 MR. JOOST: Move the sub.

9 MR. JONES: Second.

10 THE CHAIRMAN: Motion and second on the

11 sub.

12 Any discussion?

13 Mr. Bishop.

14 MR. DAVIS: (Inaudible.)

15 THE CHAIRMAN: Okay. You want to go first,

16 Mr. Bishop?

17 And then if you have any other questions,

18 Mr. Davis, Mr. Reingold can certainly answer

19 them.

20 MR. BISHOP: Sure. Thank you,

21 Mr. Chairman.

22 I'll just be real brief because I do want

23 to turn it over to Mr. Reingold to explain the

24 sub and what we did.

25 As you recall the last time we talked about

Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203

1 this -- what this is is an attempt to clarify

2 and codify sign posting requirements for

3 rezonings and land use changes for -- basically

4 for clarity to the public, so people know what's

5 going on basically.

6 And we -- the last time we talked about

7 this there were a number of issues that came

8 up. We took it back, brainstormed it,

9 workshopped it, and I believe worked all of the

10 last few kinks this afternoon. And we've got, I

11 believe, general consensus amongst the Planning

12 folks, the development community, and

13 Council Member Davis was there with his views on

14 these things as well.

15 I think we have reached a point where we

16 have a pretty good system that will establish

17 the rules clearly and concisely, without any

18 confusion as to what one is supposed to do to

19 post a sign for land use or zoning changes.

20 That being said, Mr. Reingold, if you

21 wouldn't mind going over the details of it so

22 that everybody can understand exactly where we

23 are at this point.

24 MR. REINGOLD: To Councilman Bishop and the

25 entire LUZ Committee, I'd be absolutely happy

Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203

1 to.

2 Essentially what the substitute does is it

3 establishes a requirement so that an applicant

4 for a comp plan or a rezoning change would have

5 to post signs and have pictures taken of those

6 signs and submit those pictures, along with

7 notarized affidavit to the Planning and

8 Development Department ten days after being

9 notified that their application is complete.

10 And then, second off, 14 days before the

11 Planning Commission meeting, by that point the

12 Planning Department has to go out and check to

13 make sure that the signs are up. And if they're

14 not, they let the applicant know and the

15 applicant then has three working days to repost

16 the signs and take pictures of those signs and

17 send in another notarized affidavit to the

18 Department saying that they have met the

19 requirements and here are the pictures that

20 demonstrate I've done so.

21 One other note is that there's an

22 applicability portion that's been added to the

23 bill that says, essentially, if you are applying

24 for a new comp plan change or an application for

25 rezoning and those applications have been

Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203

1 submitted after the effective date of this bill,

2 then it applies to them.

3 And, additionally, it would apply to any

4 adoption ordinance for a comp plan bill that's

5 coming through on the second time through that

6 would have another set public hearing

7 requirements.

8 I think that pretty much summarizes the

9 substitute.

10 MR. BISHOP: Mr. Chairman, just to

11 editorialize a little bit on that.

12 The intent here, again, is to clarify the

13 procedures. If the procedures are followed, as

14 Mr. Reingold has outlined them, then the

15 application goes through the normal process.

16 If the applicant posts the signs or -- if

17 the Planning Department goes out and sees that

18 the signs are not there, then the applicant has

19 the second chance to put them up. If they do,

20 everything is fine, everything goes through.

21 If they don't post the signs and send in

22 the affidavit, after being notified their signs

23 are not up, the intention here isn't what the

24 language is, is then that application gets

25 deferred until such time as they do

Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203

1 follow-through with the second affidavit and

2 pictures.

3 It's intended not to be an onerous process,

4 it's intended to be a transparent process, to

5 document in the record that the process has been

6 followed.

7 And so the thought is, if you can't put the

8 signs out after you have been notified that

9 they're not there, then the thing just ought to

10 sit they're till you do that.

11 And we've got general consensus from the

12 development community that the process will

13 work, it is not an onerous burden, and that it

14 makes sense. For those that are interested in

15 following the procedures, it's no big deal.

16 And so -- and those that are not interested

17 in following the procedures -- well, I can't

18 imagine why they wouldn't, it's very simple.

19 But if they didn't, then it's just simply you

20 don't go anywhere until you do. And it's not

21 meant to penalize anybody in any other manner

22 then as soon as you do what the procedure says,

23 then your process goes forward.

24 And the last part that Mr. Reingold was

25 talking about -- we had identified a start date

Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203

1 because there's a lot applications in the

2 process and we don't want to go -- we can't go

3 back and say, you're in the system that now

4 you've got to follow a new rule. We can't

5 really try to do that.

6 But basically the point is, if this does

7 pass, once the effective date happens, any other

8 application or posting required after that point

9 would follow these rules. It just becomes a

10 clean start point for the system.

11 And I'd be happy to answer any questions

12 anybody might have on it.

13 THE CHAIRMAN: Mr. Davis, did you want to

14 speak?

15 MR. DAVIS: I think this is how you can

16 solve the problem. And I think that Council

17 Member Bishop today in our meeting addressed the

18 fact that no matter what we write in legislation

19 there's going to be somebody who tries to sneak

20 their way around.

21 There might be a point where we bring

22 legislation that looks at people that just

23 refuse to follow the rules. I think that the

24 majority of the applicants are trying to play by

25 the rules. There might be a few that don't, and

Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203

1 they should be addressed as well.

2 But I think this is a -- I think Council

3 Member Bishop has done a fine piece of work and

4 I was willing to put my name on it, so I

5 wholeheartedly support this bill.

6 THE CHAIRMAN: Mr. Jones.

7 MR. JONES: Thank you, Mr. Chairman.

8 I too concur with Mr. Davis that this is a

9 lot better than what we talked about last time,

10 and it certainly closes some of those

11 loopholes.

12 As Mr. Davis said, any developer or

13 petitioner who wants to skirt the law, they

14 still could do it, but certainly it gives us an

15 extra check to make sure that those signs are

16 posted and the public is aware of a proposed

17 rezoning in that area or exception.

18 So I think you've struck a very good

19 balance between notification and not putting

20 additional burden on the developer.

21 THE CHAIRMAN: Dr. Gaffney.

22 DR. GAFFNEY: Thank you.

23 I just want to expound on the rest of

24 the -- the other sentiments to Councilman

25 Bishop. I think this is an excellent piece of

Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203

1 legislation, and I just want to commend him for

2 doing a great job. And it does, as the others

3 have said, gives a great balance, and where we

4 can have something that I think would be

5 equitable and effective at the same time.

6 So good job. I support this.

7 THE CHAIRMAN: Thank you, Dr. Gaffney.

8 Seeing no further speakers, please open the

9 ballot.

10 MR. JOOST: Voice vote on the sub.

11 THE CHAIRMAN: I'm sorry. We haven't

12 actually passed the sub.

13 All in favor of the sub just signify by

14 saying aye.

15 COMMITTEE MEMBERS: Aye.

16 THE CHAIRMAN: The sub passes.

17 MR. DAVIS: Move the bill.

18 MR. JOOST: Second.

19 THE CHAIRMAN: Please open the ballot on

20 the bill.

21 (Committee ballot opened.)

22 MR. HOLT: (Votes yea.)

23 MR. JONES: (Votes yea.)

24 MR. BROWN: (Votes yea.)

25 MR. DAVIS: (Votes yea.)

Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203

1 MR. JOOST: (Votes yea.)

2 MR. REDMAN: (Votes yea.)

3 DR. GAFFNEY: (Votes yea.)

4 (Committee ballot closed.)

5 THE CHAIRMAN: Please record the vote.

6 MS. LAHMEUR: Seven yeas, zero nay.

7 THE CHAIRMAN: By your action, you have

8 passed 2009-548.

9 Great work, guys.

10 MR. BISHOP: Thank you very much.

11 THE CHAIRMAN: All right. And in plenty of

12 time for Mr. Davis to go do his thing.

13 Carrying on to 2009-627. We'll open the

14 public hearing. We have Mr. Fred De Witt for

15 questions.

16 This is also a good time for anybody to

17 declare ex-parte, if they have any.

18 (Audience member approaches the podium.)

19 THE CHAIRMAN: How are you doing,

20 Mr. De Witt?

21 MR. DE WITT: Good evening.

22 Fred De Witt, 5658 Colcord Avenue, 32211.

23 THE CHAIRMAN: Mr. Redman, did you have a

24 question or ex-parte?

25 MR. REDMAN: Yes. Thank you,

Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203

1 Mr. Chairman.

2 Mr. De Witt, thank you for being here.

3 Could you explain what type of businesses

4 will be on Emerson Street?

5 MR. DE WITT: The business is the

6 distribution and sale of window screens.

7 MR. REDMAN: Will there be retail sales

8 from that location?

9 MR. DE WITT: It will be incidental.

10 By the PUD, we wanted to cover those

11 citizens that will drive up to the property to

12 get their miscellaneous screens replaced.

13 The majority of the business activity is

14 simply sales by phone or e-mail or other means

15 of communication and the distribution of those

16 products.

17 MR. REDMAN: Okay. I see that 20 percent

18 of the space will be office space and the rest

19 will be storage, so the biggest part of it will

20 be storage.

21 Where will these be manufactured at?

22 MR. DE WITT: They are manufactured at a

23 separate location and then brought in by,

24 largely, pickup truck, slightly oversized pickup

25 trucks, and stored for distribution and

Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203

1 incidental sales.

2 MR. REDMAN: Okay. Employee parking, I

3 went out and looked at the spot and tried to get

4 an idea of what you were going to do. And I

5 don't see any employee parking or parking of any

6 kind, unless it's going to be just off of

7 Welaka Road, I guess?

8 MR. DE WITT: That is correct.

9 MR. REDMAN: Okay. On that corner?

10 MR. DE WITT: Do you have a copy of the

11 layout that we provided as part of our package?

12 MR. REDMAN: I do.

13 MR. DE WITT: The layout shows four parking

14 spaces provided, one is handicapped accessible.

15 Of the three parking spaces, two are

16 designated for the owner and the one employee

17 and then there will be a fourth parking space

18 for incidental retail sales.

19 MR. REDMAN: So probably just one person or

20 one car at a time is what you would expect to

21 come and pick up something?

22 MR. DE WITT: And a very rare occurrence at

23 that.

24 MR. REDMAN: Okay. And what about

25 deliveries, where would the deliveries be coming

Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203

1 to, and at what times of day would these be

2 done?

3 MR. DE WITT: The owner of the property and

4 project is present if you would like to ask the

5 questions of the gentleman.

6 MR. REDMAN: Sure.

7 MR. DE WITT: He hasn't filled out a blue

8 card but is willing to do so before he leaves.

9 THE CHAIRMAN: That's fine.

10 (Audience member approaches the podium.)

11 AUDIENCE MEMBER: Thurman Jerome Jarrell,

12 3347 Rodney Lane.

13 MR. REDMAN: You're going to have three

14 employees there?

15 MR. JARRELL: Well, down the road, yes,

16 sir. I mean, right now, starting out in this

17 economy, I can't say I'll have three. You know,

18 starting out with just myself, been doing this

19 for over 30 years. I live within half a mile

20 from where this development is being made. I

21 still live there.

22 The hours of operation will be like from

23 8 to 4:30, Monday through Thursday, probably

24 2:30 on Friday. There won't be any Saturdays or

25 anything like that.

Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203

1 MR. REDMAN: Okay. So there wouldn't be

2 any nighttime deliveries or --

3 MR. JARRELL: No, sir.

4 MR. REDMAN: -- real early morning

5 deliveries?

6 MR. JARRELL: No, sir.

7 MR. REDMAN: Where would they be

8 delivering, off of Emerson or on a side street?

9 MR. JARRELL: There wouldn't be -- I mean,

10 UPS, someone like that, or like the back of my

11 truck will be pretty much deliveries. There

12 won't be any semis or anything like that,

13 unloading.

14 MR. REDMAN: Okay. That a was concern from

15 one of the residents --

16 MR. JARRELL: Yes, sir.

17 MR. REDMAN: -- Are they going to have

18 semis bringing in these screens and --

19 MR. JARRELL: No, sir. Everything is

20 pretty much made by hand and assembled by hand.

21 MR. REDMAN: Okay. What kind of lighting

22 are you going to have, outside lighting? Will

23 you have -- for the parking lot or --

24 MR. JARRELL: Yes, sir. Whatever is --

25 MR. REDMAN: There was some concern that

Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203

1 the lights might be shining on residents behind

2 the --

3 MR. JARRELL: Well, I'm willing to work any

4 way they want. I mean, whatever I'm required to

5 do or -- you know.

6 THE CHAIRMAN: Mr. Redman, would you like

7 to table this item for a little while so you can

8 ask this gentleman some questions off line?

9 MR. REDMAN: We can do that, table that

10 till later in the --

11 THE CHAIRMAN: Okay. I'm going to table

12 this so Mr. Redman can get his questions

13 answered and we'll proceed with our agenda.

14 MR. REDMAN: All right. Thank you.

15 MR. JARRELL: Thank you.

16 THE CHAIRMAN: And anybody else that wants

17 to ask window screen questions.

18 Let's move on to page 6. All of page 6 is

19 deferred, as well as a page 7, and most of

20 page 8.

21 Go down to item number 23, 2009-750. We

22 will open that public hearing.

23 (Mr. Mann approaches the podium.)

24 MR. MANN: Mr. Chairman, members of the

25 committee, Charles Mann, 165 Arlington Road,

Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203

1 representing the land owner.

2 This issue has been discussed, beat around,

3 worked out with the community, and I'll stand by

4 for questions only.

5 Thank you very much.

6 THE CHAIRMAN: All right. Seeing no

7 questions for Mr. Mann, anybody need to declare

8 an ex-parte?

9 COMMITTEE MEMBERS: (No response.)

10 THE CHAIRMAN: Okay. We'll close that

11 public hearing.

12 Mr. Crofts or whoever wants to explain this

13 amendment, make sure Mr. Mann is okay with it.

14 MR. CROFTS: Yes, Mr. Chairman, and to the

15 committee.

16 In the interest of the length of the

17 conditions to this PUD, I'll reference you to a

18 letter dated October 29th, 2009, to Richard

19 Clark, president of the City Council, which

20 deals with -- in summarizing the amendments,

21 there are ten of them, and they follow the

22 typical agenda of pertinence of written

23 descriptions and legal descriptions and so

24 forth, and architectural standards and

25 lighting.

Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203

1 And rather than read them into --

2 basically, they deal with those topics. There

3 have been no differences from the Planning

4 Commission action. And, again, they're

5 referenced in that memorandum, the letter that I

6 mentioned, so --

7 THE CHAIRMAN: That's fine.

8 MR. CROFTS: -- unless there are any

9 questions, I'll just defer to that.

10 MR. MANN: Mr. Holt, we're comfortable with

11 that.

12 THE CHAIRMAN: Mr. Mann is okay with them.

13 All right. Make sure everybody is on the

14 same page.

15 You're okay with those ten?

16 MR. MANN: Yes, sir, we are.

17 THE CHAIRMAN: Any questions?

18 COMMITTEE MEMBERS: (No response.)

19 THE CHAIRMAN: I need a motion on them

20 or --

21 MR. JOOST: Move the amendment.

22 MR. JONES: Second.

23 THE CHAIRMAN: I have a motion and second

24 on the amendment.

25 All in favor signify by saying aye.

Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203

1 COMMITTEE MEMBERS: Aye.

2 THE CHAIRMAN: Amendment passes.

3 MR. JOOST: Move the bill as amended.

4 MR. JONES: Second.

5 THE CHAIRMAN: Motion and second on the

6 bill as amended.

7 Please open the ballot.

8 (Committee ballot opened.)

9 MR. HOLT: (Votes yea.)

10 MR. JONES: (Votes yea.)

11 MR. BROWN: (Votes yea.)

12 MR. DAVIS: (Votes yea.)

13 MR. JOOST: (Votes yea.)

14 MR. REDMAN: (Votes yea.)

15 DR. GAFFNEY: (Votes yea.)

16 (Committee ballot closed.)

17 THE CHAIRMAN: Record the vote.

18 MS. LAHMEUR: Seven yeas, zero nay.

19 THE CHAIRMAN: By your action, you have

20 approved 2009-750.

21 MR. MANN: Committee, thank you very much.

22 THE CHAIRMAN: All right.

23 MR. REDMAN: Can we go back to -627?

24 THE CHAIRMAN: Are you ready?

25 MR. REDMAN: We're ready.

Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203

1 THE CHAIRMAN: Well, let's go back to -627,

2 take it off the table, and we were in the midst

3 of our public hearing.

4 Do I need to reopen that, Ms. Eller?

5 MS. ELLER: (Shakes head.)

6 THE CHAIRMAN: We're good.

7 All right. Mr. Redman, did you have any

8 further questions?

9 MR. REDMAN: No.

10 THE CHAIRMAN: Okay. Anybody else have

11 questions for Mr. De Witt?

12 COMMITTEE MEMBERS: (No response.)

13 THE CHAIRMAN: All right. Seeing no other

14 speakers, we will close the public hearing.

15 I need a motion on the bill.

16 MR. JOOST: Move the bill.

17 MR. JONES: Second.

18 THE CHAIRMAN: Motion and second on

19 2009-627.

20 Please open the ballot.

21 (Committee ballot opened.)

22 MR. HOLT: (Votes yea.)

23 MR. JONES: (Votes yea.)

24 MR. BROWN: (Votes yea.)

25 MR. DAVIS: (Votes yea.)

Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203

1 MR. JOOST: (Votes yea.)

2 MR. REDMAN: (Votes yea.)

3 DR. GAFFNEY: (Votes yea.)

4 (Committee ballot closed.)

5 THE CHAIRMAN: Record the vote.

6 MS. LAHMEUR: Seven yeas, zero nay.

7 THE CHAIRMAN: By your action, you have

8 approved 2009-627.

9 MR. DE WITT: Thank you.

10 THE CHAIRMAN: Thank you. Look forward to

11 fine window screens.

12 All right. Let's see, we did -750. -751

13 is deferred.

14 Let's go on to 2009-752.

15 We'll open the public hearing. Seeing no

16 speakers, we will close the public hearing.

17 MR. JOOST: Move the amendment.

18 MR. BROWN: Second.

19 THE CHAIRMAN: Motion and second on the

20 amendment.

21 All in favor of the amendment signify by

22 saying aye.

23 COMMITTEE MEMBERS: Aye.

24 THE CHAIRMAN: The amendment passes.

25 MR. JOOST: Move the bill.

Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203

1 MR. JONES: Second.

2 THE CHAIRMAN: Motion and second on the

3 bill as amended.

4 Please open the ballot.

5 (Committee ballot opened.)

6 MR. HOLT: (Votes yea.)

7 MR. JONES: (Votes yea.)

8 MR. BROWN: (Votes yea.)

9 MR. DAVIS: (Votes yea.)

10 MR. JOOST: (Votes yea.)

11 MR. REDMAN: (Votes yea.)

12 DR. GAFFNEY: (Votes yea.)

13 (Committee ballot closed.)

14 THE CHAIRMAN: Record the vote.

15 MS. LAHMEUR: Six yeas, zero nay.

16 THE CHAIRMAN: By your action, you have

17 approved 2000-752.

18 2009-753.

19 DR. GAFFNEY: Move the amendment.

20 THE CHAIRMAN: We'll open the public

21 hearing.

22 Oh, we've got a bunch of speakers on this

23 one.

24 All right. The first one I've got is

25 Ms. Paulette Walker, followed by Reverend Edward

Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203

1 Robinson, and then Jeannie Ashley.

2 If you all could come on down so we have

3 you up close.

4 (Audience member approaches the podium.)

5 AUDIENCE MEMBER: Paulette Walker, 2179

6 Emerson Street, Jacksonville, Florida 32207.

7 THE CHAIRMAN: Welcome, Ms. Walker.

8 MS. WALKER: Hi. Thank you.

9 And I'm actually the agent for the church,

10 so I'm actually here to answer any questions

11 from the committee.

12 THE CHAIRMAN: Okay. Anybody have any

13 questions?

14 Mr. Jones, did you have a question?

15 MR. JONES: Thank you, Mr. Chairman.

16 I don't have a question at this point. I

17 just wanted to declare ex-parte communication

18 with Evette Morrell (phonetic), who is the

19 president of Pine Forest Heights.

20 We talked yesterday on the phone about

21 access to Freeman Road from the development and

22 she had voiced some concerns about that, and I

23 think some people are here from the neighborhood

24 that are going to be here to speak to that. But

25 I just wanted to put that on the record, that I

Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203

1 did discuss that with Mrs. Morrell, and their

2 concern was just the access from the development

3 to Freeman Road.

4 MS. WALKER: Can I address that now?

5 THE CHAIRMAN: Sure.

6 MS. WALKER: In regards to the approval

7 from the planning and zoning committee, there

8 will be no access from the back end, which is

9 Duck Island Road, which is behind the church, to

10 Freeman Road, we're not using that. We did

11 request that to be an emergency exit.

12 However, I believe when Ms. King went out,

13 she saw fit that that was not going to be

14 feasible, so we agreed to the conditions that

15 were set forth by Planning last week, and we

16 agreed to those conditions. Freeman Road nor

17 will Drew Street be used for access.

18 MR. JONES: Thank you, Mr. Chairman.

19 I saw through -- in the description that

20 you couldn't use Drew Road. I didn't see any

21 reference to Duck Island Road, but I'm glad --

22 MS. WALKER: That's not a problem,

23 Mr. Jones.

24 MR. JONES: Thank you

25 MS. WALKER: All right. You're welcome.

Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203

1 THE CHAIRMAN: All right. Anybody else

2 have questions?

3 COMMITTEE MEMBERS: (No response.)

4 THE CHAIRMAN: Thank you, ma'am.

5 Reverend Edward Robinson, Sr.

6 MR. ROBINSON, SR: I decline.

7 Ms. Walker --

8 THE CHAIRMAN: Okay. Thank you, sir.

9 And Jeannie Ashley.

10 (Audience member approaches the podium.)

11 THE CHAIRMAN: Hi, Ms. Ashley.

12 AUDIENCE MEMBER: Hi.

13 I'm Jeannie Ashley, 3647 Freeman Road.

14 I would just like to know if we can

15 actually just have a record of that, what

16 Ms. Walker just indicated, as far as the

17 Duck Island information?

18 THE CHAIRMAN: Okay. I assume that will be

19 included in our amendment.

20 MS. ASHLEY: Okay.

21 MR. JONES: Through the Chair to

22 Mr. Crofts, I think that will be one amendment

23 that we would take up, and I can certainly get

24 you a copy of that. That is included in the

25 conditions, Mr. Crofts?

Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203

1 MR. CROFTS: It's in the condition from the

2 traffic memo, from the traffic engineering

3 folks, dated October 6th, that there will not be

4 access. So it is in the PUD -- in our conditions

5 now.

6 THE CHAIRMAN: Let's go ahead and close

7 that public hearing and then we can have

8 Mr. Crofts go over the amendment and any

9 problems with it we can address then.

10 Okay. Go ahead.

11 MR. JONES: Through the Chair to

12 Ms. Ashley, it's not final until the council

13 votes on it, but --

14 MS. ASHLEY: Absolutely. Thank you.

15 MR. JONES: -- you can certainly get a copy

16 of that for your records.

17 MS. ASHLEY: Thank you.

18 MR. JONES: Thank you.

19 MS. ASHLEY: No other questions.

20 Thank you.

21 THE CHAIRMAN: Excellent.

22 No other questions. We'll close the public

23 hearing.

24 Now, Mr. Crofts, can you bring us through

25 any conditions that the folks need to approve

Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203

1 of?

2 MR. CROFTS: Be glad to.

3 There are four conditions, and they are

4 basically:

5 One, "The developer shall be subject to the

6 original legal description dated August 24th,

7 2009."

8 Number two, "The developer shall be subject

9 to the original written description dated

10 August 24th, 2004."

11 Number three, "The developer shall be

12 subject to the original site plan dated

13 November 19th, 2001."

14 And finally, and probably more importantly

15 as far as relating to this issue with regard to

16 transportation, "The required transportation

17 improvements shall be made in accordance with

18 the Development Services memorandum, dated

19 October 6th, 2009, or as otherwise approved by

20 the Planning and Development Department."

21 And October 6th is the memorandum that I

22 just previously referred to.

23 THE CHAIRMAN: Ms. Eller is raising her

24 hand. I guess she's going to tell us about that

25 memorandum.

Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203

1 MS. ELLER: Thank you. I will be happy to

2 do that.

3 I just wanted to call Mr. Crofts attention

4 to the Planning Department staff report. It had

5 an additional condition that specifically said

6 that access through Drew Street shall be

7 prohibited, and I wasn't sure if that was

8 dropped out in the cover memo from Planning

9 Commission or if that was supposed to be

10 included.

11 And then, as Mr. Crofts mentioned, the

12 October 6th, 2009, transportation related memo

13 from Development Services will be included, and

14 that specifically objects to the proposed use of

15 Drew Street for ingress and egress.

16 THE CHAIRMAN: Okay. Does that satisfy

17 everyone that Drew Street is included in the

18 amendment?

19 MR. CROFTS: That should be included. It

20 was not put in the condition, it should be.

21 THE CHAIRMAN: Okay. Let the record show

22 that that is part of the amendment, that

23 Drew Street is not to be used.

24 Okay. Mr. Jones.

25 MR. JONES: Thank you, Mr. Chairman.

Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203

1 Did you address the Duck Island Road access

2 from that? It's an unimproved right-of-way, but

3 it's still there.

4 MR. KELLY: That's correct. The traffic

5 memo refers to Duck Island Road. It shows up on

6 the City GIS as a private road. The City would

7 not be involved with private access.

8 However, the site plan does not provide any

9 access other than the two access points on

10 Emerson. So if there's any inconsistency or an

11 access is proposed, that would be in violation

12 of the PUD.

13 MR. JONES: Okay. I just wanted that clear

14 for the -- and that's okay with the developer?

15 MS. WALKER: (Nods head.)

16 MR. JONES: Okay. I call him Bishop

17 Robinson, and those who may know him know that

18 he's doing an outstanding job over there. I

19 think they do a day care and another facility

20 back there, and the community certainly supports

21 that.

22 I think Mrs. Ashley and Mrs. Morrell

23 indicated at the meeting that they had no

24 objections to what you're doing, they think

25 that's great work. They just were concerned

Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203

1 about the ingress and egress off of Duck Island

2 Road, and that's been resolved.

3 So, with that, Mr. Chairman, I would move

4 the amendment.

5 THE CHAIRMAN: Thank you.

6 We have a motion --

7 MR. REDMAN: Second.

8 THE CHAIRMAN: -- and a second on the

9 amendment.

10 All in favor of the amendment signify by

11 saying aye.

12 COMMITTEE MEMBERS: Aye.

13 THE CHAIRMAN: The amendment passes.

14 MR. JONES: Move the bill as amended.

15 MR. JOOST: Second.

16 THE CHAIRMAN: Motion and second on the

17 bill as amended.

18 Please open the ballot.

19 (Committee ballot opened.)

20 MR. HOLT: (Votes yea.)

21 MR. JONES: (Votes yea.)

22 MR. BROWN: (Votes yea.)

23 MR. DAVIS: (Votes yea.)

24 MR. JOOST: (Votes yea.)

25 MR. REDMAN: (Votes yea.)

Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203

1 DR. GAFFNEY: (Votes yea.)

2 (Committee ballot closed.)

3 THE CHAIRMAN: Record the vote.

4 MS. LAHMEUR: Six yeas, zero nay.

5 THE CHAIRMAN: By your action, you have

6 approved -753.

7 Good luck. And thank you for what you're

8 doing for our community, sir.

9 MR. ROBINSON, SR: Thank you.

10 THE CHAIRMAN: All right. Item 2009-754.

11 We'll open the public hearing.

12 No speakers. We'll close the public

13 hearing.

14 MR. JONES: Move the withdrawal.

15 DR. GAFFNEY: Second.

16 THE CHAIRMAN: A motion for withdrawal with

17 fees.

18 Please open the ballot.

19 We opened it and closed it, didn't we?

20 MR. JONES: (Inaudible.)

21 THE CHAIRMAN: Did we? Okay. I'm faster

22 than I thought.

23 (Committee ballot opened.)

24 MR. HOLT: (Votes yea.)

25 MR. JONES: (Votes yea.)

Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203

1 MR. BROWN: (Votes yea.)

2 MR. DAVIS: (Votes yea.)

3 MR. JOOST: (Votes yea.)

4 MR. REDMAN: (Votes yea.)

5 DR. GAFFNEY: (Votes yea.)

6 (Committee ballot closed.)

7 THE CHAIRMAN: Record the vote.

8 MS. LAHMEUR: Six yeas, zero nay.

9 THE CHAIRMAN: Thank you.

10 By your action, you have opened and closed

11 the public hearing and withdrawn 2009-754.

12 We already handled item number 28. 29 is

13 deferred.

14 Number 30, 2009-790. We have a public

15 hearing on that.

16 Open the public hearing. No speakers.

17 We'll close the public hearing.

18 I need a motion on the bill.

19 MR. JONES: Move the bill.

20 MR. BROWN: Second.

21 THE CHAIRMAN: Wait a minute. We wanted to

22 have somebody speak on this, didn't we, on the

23 CIE?

24 (Inaudible discussion.)

25 THE CHAIRMAN: Okay.

Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203

1 Please open the ballot.

2 (Committee ballot opened.)

3 MR. HOLT: (Votes yea.)

4 MR. JONES: (Votes yea.)

5 MR. BROWN: (Votes yea.)

6 MR. JOOST: (Votes yea.)

7 MR. REDMAN: (Votes yea.)

8 DR. GAFFNEY: (Votes yea.)

9 (Committee ballot closed.)

10 THE CHAIRMAN: Record the vote.

11 MS. LAHMEUR: Six yeas, zero nay.

12 THE CHAIRMAN: Thank you.

13 By your action, you've approved 2009-790.

14 Now, I know we want to hear about the EAR.

15 We have Ms. Reed here.

16 Could you give us a little presentation

17 before we even get into the public hearing?

18 MS. REED: Yes.

19 Thank you.

20 THE CHAIRMAN: Thank you, ma'am.

21 MS. REED: Ordinance 2009-791 before you is

22 implementation of the EAR-based amendments or

23 the EAR recommendation, the Evaluation and

24 Appraisal Report of the City's comprehensive

25 plan.

Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203

1 Back in the spring, these amendments were

2 brought before you and then transmitted to the

3 State Department of Community Affairs. What is

4 before you now is -- are those amendments with

5 changes regarding input provided by the

6 Department of Community Affairs.

7 Some of the changes today take note of --

8 since the round in the spring, include five key

9 issues.

10 One is extending the planning time frame

11 from 2010 to 2030 and renaming the plan the

12 2030 Comprehensive Plan.

13 The public schools' facilities and the

14 historic preservation element have been added to

15 the elements, subject to EAR-based amendments,

16 for the sole purpose of extending the planning

17 time frame.

18 The second item is amending text regarding

19 water supply planning, identifying existing and

20 future water supplies and needs, and

21 coordination with the Water Management

22 District.

23 The third item is amending the coastal high

24 hazard definitions and various elements to

25 consistently reflect the definition in

Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203

1 accordance with Chapter 163 of the Florida

2 Statutes.

3 The fourth item is adding a new goal with

4 underlying objectives and policies, addressing

5 preservation of recreational commercial working

6 waterfronts. Those policies were not in the

7 initial round of EAR-based amendments, that the

8 public hearings -- the Planning Department

9 identified that those were not in there and that

10 we would work through the Waterways Commission

11 to vet those in a public format.

12 We did take those before Waterways. They

13 went before the Waterways Access Committee as

14 well, and what you see before you in the

15 recreational commercial working waterfront is

16 what came out of the Waterways Commission.

17 The final change is revising the

18 conservation coastal management element,

19 objective 4.1, and underlying policies regarding

20 the protection and preservation of wetlands.

21 Language pertaining to performance

22 standards and permitted uses was repetitious,

23 comprising nearly 23 pages, and was therefore

24 consolidated into three shorter policies

25 relating to the three wetland categories.

Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203

1 We've also added buffering requirements

2 adjacent to wetlands and waterways and have

3 added consideration for developing additional

4 wetland mitigation banks within the city.

5 There are a few amendments the Department

6 has recommended, two of which went before

7 Planning Commission this past week, and three

8 others that I'd like to also propose to you.

9 I have some documents with all but one of

10 those proposed amendments, and I will have those

11 passed out to you so you can look at those. And

12 those documents consist of the following

13 amendments:

14 One is proposing a text amendment to the

15 future land use element, policy 8.2.1. That's

16 one of the policies in the recreational

17 commercial working waterfront policies, and what

18 we have proposed to do is add clarification for

19 density bonus incentives, that those incentives

20 will be consistent with the City's coastal high

21 hazard area policies.

22 The Department has also recommended that we

23 amend the wetlands map. It's map L-5 -- L-5 and

24 L-8 in the future land use element and map C-3

25 in the conservation coastal management element.

Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203

1 That change simply amends the legend to clearly

2 identify the three wetland categories.

3 In addition to those amendments, the

4 Department proposes that policy 3.4.1 in the

5 future land use element amend the verbiage that

6 says that the City -- forgive me -- that the

7 City shall encourage development that cannot be

8 connected to and is not a logical extension of

9 existing neighborhoods to take the form of urban

10 centers. These centers shall place homes, jobs,

11 schools, shopping and recreation in close

12 proximity and shall be linked to downtown

13 Jacksonville and other important destinations by

14 public transit.

15 Our proposed changes "shall" -- from

16 "shall" to "should." That's directly from the

17 EAR recommendations. It was just a typo when it

18 was initially put in.

19 The fourth recommendation from the Planning

20 Department is to amend the footnote for the

21 multiuse land use category depicted in table

22 L-20 of the future land use element to state

23 that, due to the unique character or unique

24 nature of the multiuse land use category,

25 determination of need should be evaluated on a

Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203

1 case-by-case basis.

2 The final recommendation is that we amend

3 the definitions of the coastal high hazard

4 within the plan consistent with the final order

5 regarding CHHA mitigation.

6 The Planning Department has recommended

7 approval with these amendments.

8 Thank you.

9 THE CHAIRMAN: Thank you, Ms. Reed.

10 All right. Do we have any questions for

11 Ms. Reed about any of this?

12 MR. JONES: Move the amendment.

13 MR. JOOST: Second that.

14 THE CHAIRMAN: I have a motion and a second

15 on the amendment.

16 And that wraps up all these amendments into

17 one?

18 MS. ELLER: Correct.

19 THE CHAIRMAN: Excellent. All right.

20 All in favor of the amendment signify by

21 saying aye.

22 COMMITTEE MEMBERS: Aye.

23 THE CHAIRMAN: The amendment passes.

24 MR. JONES: Move the bill as amended.

25 MR. BROWN: Second.

Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203

1 THE CHAIRMAN: Motion and second on the

2 bill as amended.

3 Please open the ballot.

4 (Committee ballot opened.)

5 MR. HOLT: (Votes yea.)

6 MR. JONES: (Votes yea.)

7 MR. BROWN: (Votes yea.)

8 MR. JOOST: (Votes yea.)

9 MR. REDMAN: (Votes yea.)

10 DR. GAFFNEY: (Votes yea.)

11 (Committee ballot closed.)

12 THE CHAIRMAN: Record the vote.

13 MR. LAHMEUR: Six yeas, zero nay.

14 THE CHAIRMAN: By your action, you have

15 approved 2009-791.

16 Thank you, Ms. Reed.

17 All right. Page 11 -- everything on 11 is

18 deferred, as well as 12.

19 Items 40, 41, 42, 43 are deferred, and

20 item 44 starts a series of read seconds.

21 And unless somebody sees an emergency, I

22 believe we have completed our agenda.

23 MR. JOOST: (Inaudible.)

24 THE CHAIRMAN: That's going way back.

25 Have a good evening.

Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203

1 (The above proceedings were adjourned at

2 5:44 p.m.)

3 - - -

Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203

1 C E R T I F I C A T E

3 STATE OF FLORIDA:

4 COUNTY OF DUVAL :

6 I, Diane M. Tropia, certify that I was

7 authorized to and did stenographically report the

8 foregoing proceedings and that the transcript is a

9 true and complete record of my stenographic notes.

10 Dated this 8th day of November, 2009.

14 Diane M. Tropia

Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203