1 CITY OF
2 LAND USE AND ZONING
3 COMMITTEE
4
5
6 Proceedings held on Tuesday, October 20,
7 2009, 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 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.
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ALSO PRESENT:
18
SEAN KELLY, Chief, Current Planning.
19 KEN AVERY, Planning and Development Dept.
STEPHEN SMITH, Planning and Development Dept.
20
MERRIANE LAHMEUR, Legislative Assistant.
21 JESSICA STEPHENS, Legislative Assistant.
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Diane M.
Tropia,
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1 P R O C E E D I N G S
2 October 20, 2009 5:05 p.m.
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4 THE CHAIRMAN: All right. Welcome to the
5 Land Use and Zoning Meeting, October 20th.
6 We're about ready to go. We're missing
7 Mr. Crofts tonight. Let's go around the horn
8 and introduce ourselves starting with Mr. Kelly.
9 MR. KELLY: Sean Kelly, Planning and
10 Development.
11 MR. AVERY: Ken Avery, Planning and
12 Development.
13 MR. SMITH: Good afternoon.
14 Stephen Smith, Planning and Development.
15 MS. ELLER: Shannon Eller, Office of
16 General Counsel.
17 MR. DAVIS: Daniel Davis, City of
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19 MR. BROWN: Reginald Brown, District 10.
20 THE CHAIRMAN: Ray Holt, concerned citizen.
21 MR. JONES: Warren Jones, District 9.
22 MR. JOOST: Stephen Joost, at-large.
23 MR. REDMAN: Don Redman, District 4.
24 THE CHAIRMAN: All right. Now that we've
25 had our bit of humor for the evening, we have a
Diane M.
Tropia,
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1 very light agenda tonight.
2 MR. JONES: Move it.
3 THE CHAIRMAN: Starting on page 2, items 1
4 and 2 are deferred.
5 Item 3, 2009-91. We'll open the public
6 hearing.
7 Seeing no speakers, we'll continue that
8 public hearing and take no further action.
9 Item 4, 2009-350. We'll open the public
10 hearing.
11 Seeing no speakers, we'll continue the
12 public hearing, take no further action.
13 Item 5 is deferred.
14 Item 6, we'll open the public hearing.
15 No speakers. We'll continue it and take no
16 further action.
17 Item 7, 2009-444, is deferred.
18 2009-526, there's a sub.
19 MR. DAVIS: Move the sub.
20 MR. JOOST: Second.
21 THE CHAIRMAN: I have a motion and a second
22 on the sub.
23 All in favor of the sub -- do we put that
24 on the ballot?
25 MR. DAVIS: No.
Diane M.
Tropia,
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1 THE CHAIRMAN: All in favor of the sub
2 signify by saying aye.
3 COMMITTEE MEMBERS: Aye.
4 THE CHAIRMAN: Seeing --
5 MR. DAVIS: Move to rerefer the sub to LUZ.
6 MR. JOOST: Second.
7 THE CHAIRMAN: I have a motion and a second
8 to rerefer the sub.
9 Please open the ballot.
10 (Committee ballot opened.)
11 MR. HOLT: (Votes yea.)
12 MR. JONES: (Votes yea.)
13 MR. BROWN: (Votes yea.)
14 MR. DAVIS: (Votes yea.)
15 MR. JOOST: (Votes yea.)
16 MR. REDMAN: (Votes yea.)
17 (Committee ballot closed.)
18 THE CHAIRMAN: Close the ballot and record
19 the vote.
20 MS. LAHMEUR: Six yeas, zero nays.
21 THE CHAIRMAN: By your action, you have
22 rereferred 2009-526 as substituted.
23 Number 9 is deferred. 10 is deferred.
24 Number 11, 2009-548. We'll open the public
25 hearing.
Diane M.
Tropia,
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1 Seeing no speakers, we'll continue it and
2 take no further action.
3 Number 12 is deferred, as well as 13, all
4 of page 6. Number 18, 2009-660, is deferred.
5 Number 19, 2009-663. There's a sub.
6 MR. JONES: Move the sub.
7 MR. JOOST: Second.
8 THE CHAIRMAN: We have a motion and second
9 on the sub.
10 All in favor of the substitute signify by
11 saying aye.
12 COMMITTEE MEMBERS: Aye.
13 THE CHAIRMAN: Any opposed?
14 COMMITTEE MEMBERS: (No response.)
15 THE CHAIRMAN: Seeing none, the sub passes.
16 MR. JONES: Rerefer the sub to LUZ.
17 MR. JOOST: Second.
18 THE CHAIRMAN: I have a motion and second
19 to rerefer as substituted.
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,
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1 MR. JOOST: (Votes yea.)
2 MR. REDMAN: (Votes yea.)
3 (Committee ballot closed.)
4 THE CHAIRMAN: Close the ballot and record
5 the vote.
6 MS. LAHMEUR: Six yeas, zero nays.
7 THE CHAIRMAN: By your action, you have
8 rereferred to LUZ as substituted.
9 Number 20, 2009-664. There is a sub.
10 MR. JONES: Move the sub.
11 MR. JOOST: Second.
12 THE CHAIRMAN: I have a motion and second
13 on the sub.
14 All in favor of the sub, please signify by
15 saying aye.
16 COMMITTEE MEMBERS: Aye.
17 THE CHAIRMAN: You have passed the sub.
18 MR. DAVIS: Move to rerefer to LUZ.
19 THE CHAIRMAN: I need a --
20 MR. JOOST: As substituted.
21 THE CHAIRMAN: Motion and second to rerefer
22 as substituted.
23 Please open the ballot.
24 (Committee ballot opened.)
25 MR. HOLT: (Votes yea.)
Diane M.
Tropia,
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1 MR. JONES: (Votes yea.)
2 MR. BROWN: (Votes yea.)
3 MR. DAVIS: (Votes yea.)
4 MR. JOOST: (Votes yea.)
5 MR. REDMAN: (Votes yea.)
6 (Committee ballot closed.)
7 THE CHAIRMAN: Close the ballot and record
8 the vote.
9 MS. LAHMEUR: Six yeas, zero nays.
10 THE CHAIRMAN: By your action, you have
11 rereferred as substituted.
12 Number 21 is deferred, 22.
13 Number 23, 2009-729.
14 (Dr. Gaffney enters the proceedings.)
15 THE CHAIRMAN: We'll open the public
16 hearing.
17 Mr. Herzberg.
18 (Mr. Herzberg approaches the podium.)
19 THE CHAIRMAN: Good evening, sir.
20 MR. HERZBERG: Good evening.
21 THE CHAIRMAN: Are you here for questions?
22 MR. HERZBERG: Yes, sir.
23 I have a recommendation of approval, and
24 the applicant supports all of the conditions.
25 THE CHAIRMAN: All right.
Diane M.
Tropia,
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1 MR. HERZBERG: Thank you.
2 THE CHAIRMAN: Any questions for
3 Mr. Herzberg or anyone need to declare ex-parte
4 or something like that?
5 MR. JONES: Yes.
6 THE CHAIRMAN: Sorry. My queue is not --
7 there we go.
8 Mr. Redman.
9 MR. REDMAN: Yes. I need to declare
10 ex-parte. I talked with Mr. Herzberg before the
11 meeting.
12 THE CHAIRMAN: Okay. And Mr. Jones.
13 MR. JONES: Thank you.
14 Through the Chair to Mr. Herzberg, where --
15 exactly where on Philips are we talking about?
16 MR. HERZBERG: Through the Chair, sir, this
17 property is located immediately at the terminus
18 of
19 existing establishment right there right now,
20 red brick building.
21 MR. JONES: Okay.
22 MR. HERZBERG: The sign has been there for
23 over 20 years and, unfortunately, it had fallen
24 down. They're trying to replace it is all it
25 is.
Diane M.
Tropia,
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1 MR. JONES: All right. Thank you.
2 MR. HERZBERG: Thank you.
3 THE CHAIRMAN: All right. Seeing no
4 further speakers, we will close the public
5 hearing.
6 There's an amendment.
7 MR. DAVIS: Move the amendment.
8 MS. BROWN: Second.
9 THE CHAIRMAN: Motion and second on the
10 amendment.
11 All in favor of the amendment signify by
12 saying aye.
13 COMMITTEE MEMBERS: Aye.
14 THE CHAIRMAN: The amendment passes.
15 I need a motion on the bill.
16 MR. JONES: Move the bill as amended.
17 MR. JOOST: Second.
18 THE CHAIRMAN: Motion and second on the
19 bill as amended.
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,
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1 DR. GAFFNEY: (Votes yea.)
2 MR. JOOST: (Votes yea.)
3 MR. REDMAN: (Votes yea.)
4 (Committee ballot closed.)
5 THE CHAIRMAN: Record the vote.
6 MS. LAHMEUR: Seven yeas, zero nays.
7 THE CHAIRMAN: By your action, you have
8 approved number 23, 2009-729, as amended.
9 Number 24, 2009-750, is deferred. 2009-751
10 is read second.
11 Jump down there in the middle of our
12 deferrals. 2009-752, -753, and -754 are all
13 deferred.
14 2009-765. Open the public hearing.
15 Seeing no speakers, we'll continue it and
16 take no further action.
17 -766. We'll open the public hearing.
18 Mr. Atwill.
19 (Mr. Atwill approaches the podium.)
20 THE CHAIRMAN: Good evening, sir.
21 MR. ATWILL: Good evening.
22 Thank you very much.
23 Fred Atwill, Jr., 9001
24 I'm here in support of the bill and
25 appreciate your support and will entertain any
Diane M.
Tropia,
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1 questions that you may have regarding this
2 development agreement proposal.
3 THE CHAIRMAN: Thank you, sir.
4 I don't see anyone on my queue to ask you a
5 question, so we will close the public hearing.
6 I need a motion on the bill.
7 DR. GAFFNEY: Move the bill.
8 MR. JONES: Second.
9 THE CHAIRMAN: Motion and second on the
10 bill.
11 Please open the ballot.
12 (Committee ballot opened.)
13 MR. HOLT: (Votes yea.)
14 MR. JONES: (Votes yea.)
15 MR. BROWN: (Votes yea.)
16 MR. DAVIS: (Votes yea.)
17 DR. GAFFNEY: (Votes yea.)
18 MR. JOOST: (Votes yea.)
19 MR. REDMAN: (Votes yea.)
20 (Committee ballot closed.)
21 THE CHAIRMAN: Close the ballot and record
22 the vote.
23 MS. LAHMEUR: Seven yeas, zero nays.
24 THE CHAIRMAN: By your action, you have
25 approved -766.
Diane M.
Tropia,
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1 Oh, goodness. I didn't open them at the
2 same time.
3 2009-767. We'll open the public hearing.
4 Seeing no speakers, we will close the
5 public hearing.
6 I need a motion on bill.
7 MR. JONES: Move the bill.
8 DR. GAFFNEY: Move the bill.
9 THE CHAIRMAN: Motion and second on
10 2009-767.
11 Please open the ballot.
12 (Committee ballot opened.)
13 MR. HOLT: (Votes yea.)
14 MR. JONES: (Votes yea.)
15 MR. BROWN: (Votes yea.)
16 MR. DAVIS: (Votes yea.)
17 DR. GAFFNEY: (Votes yea.)
18 MR. JOOST: (Votes yea.)
19 MR. REDMAN: (Votes yea.)
20 (Committee ballot closed.)
21 THE CHAIRMAN: Close the ballot and record
22 the vote.
23 MS. LAHMEUR: Seven yeas, zero nays.
24 THE CHAIRMAN: By your action, you have
25 approved 2009-767.
Diane M.
Tropia,
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1 Items 32, 33, 34, 35 are all read second.
2 All of page 11 is read second.
3 Item 40 -- am I correct, Ms. Eller, we are
4 not going to sub this?
5 MS. ELLER: Correct.
6 THE CHAIRMAN: Okay. So all of page 12 is
7 second rereferred. And items 45, 46, on
8 page 13, second and rerefer.
9 Unless I'm missing something, we are done,
10 folks.
11 We're adjourned.
12 (The above proceedings were adjourned at
13 5:12 p.m.)
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Diane M.
Tropia,
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1 C E R T I F I C A T E
2
3 STATE OF
4 COUNTY OF DUVAL :
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6 I, Diane M. Tropia, certify that I was
7 authorized to and did stenographically report the
8 foregoing proceedings and that the transcript is a
9 true and complete record of my stenographic notes.
10 Dated this 22nd day of October, 2009.
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14 Diane M. Tropia
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Diane M.
Tropia,