1 CITY OF JACKSONVILLE
2 LAND USE AND ZONING
3 COMMITTEE
4
5
6 Proceedings held on Tuesday, September 15,
7 2009, commencing at 5:00 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.
11
12 PRESENT:
13 RAY HOLT, Chair.
WARREN JONES, Vice Chair.
14 DANIEL DAVIS, Committee Member.
JOHNNY GAFFNEY, Committee Member.
15 STEPHEN JOOST, Committee Member.
DON REDMAN, Committee Member.
16
17 ALSO PRESENT:
18 JACK WEBB, City Council Member.
JOHN CROFTS, Deputy Director, Planning Dept.
19 SEAN KELLY, Chief, Current Planning.
FOLKS HUXFORD, Zoning Administrator.
20 JASON TEAL, Office of General Counsel.
SHANNON ELLER, Office of General Counsel.
21 MERRIANE LAHMEUR, Legislative Assistant.
JESSICA STEPHENS, Legislative Assistant.
22
- - -
23
24
25
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
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1 P R O C E E D I N G S
2 September 15, 2009 5:00 p.m.
3 - - -
4 THE CHAIRMAN: Good evening, folks.
5 We are going to try to make this fast. I
6 think everybody knows everybody here, so let's
7 not go through the around-the-horn thing
8 tonight.
9 Mr. Webb is here to speak to an issue.
10 Let's take up his item first, and then Mr. Teal
11 has got an item, and then we'll move through the
12 rest. So if we could all get our agendas out.
13 Go to page 8, item 20, 2009-626. We will open
14 the public hearing.
15 Seeing no speakers --
16 (Mr. Kravitz approaches the podium.)
17 THE CHAIRMAN: Oops. Mr. Kravitz.
18 MR. KRAVITZ: Yeah, I had a card.
19 MR. JOOST: Here for questions only?
20 MR. KRAVITZ: Yeah. Just for questions,
21 but there was some conditions, and that's why I
22 just wanted to make sure that we were okay with
23 them.
24 THE CHAIRMAN: Okay. Mr. Crofts will go
25 over those in just a moment, if that was all you
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
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1 wanted to speak to.
2 MR. KRAVITZ: Yes.
3 THE CHAIRMAN: We will close the public
4 hearing.
5 Mr. Crofts, can you give us the amendment?
6 MR. CROFTS: Be glad to.
7 The amendment consists of five conditions.
8 They are as follows:
9 "The developer shall be subject to the
10 original legal description dated July 7th,
11 2009."
12 Number 2, "The developer shall be subject
13 to the original written description dated
14 July 21st, 2009."
15 Number 3, "The developer shall be subject
16 to the original site plan dated July 7th,
17 2009."
18 Number 4, "The developer shall be subject
19 to the Development Services Division memorandum
20 dated August 6th, 2009, or as otherwise approved
21 by the Planning and Development Department."
22 Fifth and finally, "On-site lighting
23 structures shall be limited to 20 feet in height
24 with full cutoffs and shall be designed and
25 installed to localize illumination onto the
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
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1 subject property and to minimize unreasonable
2 visual interference and impact onto any
3 adjoining properties."
4 That's it.
5 THE CHAIRMAN: Mr. Kravitz, are you okay
6 with all those?
7 MR. KRAVITZ: Yes, we are, sir.
8 MR. JOOST: Move the amendment.
9 DR. GAFFNEY: Second.
10 THE CHAIRMAN: I have a motion and second
11 on the amendment.
12 Any speakers on that?
13 MR. WEBB: I didn't plan anything, but I'll
14 tell you real quick.
15 THE CHAIRMAN: Okay. Mr. Webb, go ahead.
16 MR. WEBB: Thank you, Mr. Chairman.
17 I declare ex-parte. Yesterday afternoon,
18 about noontime, I had a brief conversation with
19 Ms. Alberta Hipps regarding some objections from
20 some of the neighbors and the resolution of
21 those objections.
22 Thank you.
23 THE CHAIRMAN: Okay. I'm sorry. I
24 probably should have let him do that during the
25 public hearing.
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
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1 Right, Ms. Eller?
2 MS. ELLER: It's all right.
3 THE CHAIRMAN: Okay. You'll forgive me
4 this once?
5 All right. We have a motion and second on
6 the amendment.
7 All in favor signify by saying aye.
8 COMMITTEE MEMBERS: Aye.
9 THE CHAIRMAN: Any opposed?
10 COMMITTEE MEMBERS: (No response.)
11 THE CHAIRMAN: The amendment passes.
12 MR. JOOST: Move the bill as amended.
13 MR. DAVIS: Second.
14 THE CHAIRMAN: A motion and second on
15 -626. Please open the ballot.
16 (Committee ballot opened.)
17 MR. HOLT: (Votes yea.)
18 MR. DAVIS: (Votes yea.)
19 DR. GAFFNEY: (Votes yea.)
20 MR. JOOST: (Votes yea.)
21 MR. REDMAN: (Votes yea.)
22 THE CHAIRMAN: Close the ballot and record
23 the vote.
24 (Committee ballot closed.)
25 MS. LAHMEUR: Five yeas, zero nays.
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
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1 THE CHAIRMAN: By your action, you have
2 approved item number 20, -626.
3 MR. KRAVITZ: Thank you.
4 MR. WEBB: Thank you, Mr. Chairman.
5 THE CHAIRMAN: Thank you, Mr. Webb.
6 MS. HIPPS: Thank you.
7 (Mr. Jones enters the proceedings.)
8 THE CHAIRMAN: All right. Which one was
9 Mr. Teal's?
10 Back here on page 13, item 39, 2009-694.
11 DR. GAFFNEY: Move the bill.
12 THE CHAIRMAN: Let's open the public
13 hearing. Actually, you know what, let's let
14 Mr. Teal speak first before we go to any
15 speakers -- but we don't have any cards?
16 MS. STEPHENS: No.
17 THE CHAIRMAN: Okay. Mr. Teal, could you
18 queue it up for us?
19 MR. TEAL: Thank you, Mr. Chairman.
20 This is resolution 2009-694 and it's an
21 appeal from the Jacksonville Historic
22 Preservation Commission of a denial of an
23 application submitted by a property owner at
24 1553 North Market Street to demolish the
25 structure. This is a situation where we've got
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
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1 a property owner that was somewhat caught
2 between a rock and a hard place between two City
3 agencies. On the one hand, he -- the folks from
4 Municipal Code Compliance were requiring him to
5 either fix the property up or tear it down.
6 The property is located in the Springfield
7 historic district. In order to demolish a
8 structure in a historic district, you're
9 required to get a certificate of appropriateness
10 from the Jacksonville Historic Preservation
11 Commission.
12 He presented the application to the JHPC
13 and the Historic Preservation Commission denied
14 the request to demolish the structure. The
15 property owner himself doesn't desire to tear it
16 down. What he desires is to actually fix it up
17 into a usable space. The building itself is an
18 old convenience store, originally built as a
19 convenience store with some apartments built on
20 the second story of it.
21 And so what I have done is to contact the
22 attorney representing the property owner and
23 have worked out what we would propose jointly as
24 a compromise to the City Council in order to
25 resolve this appeal, and I've handed out a copy
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
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1 of that before you.
2 There are nine items that the City and that
3 the applicant, or the appellant in this case,
4 have agreed to. And, if I could, I'd like to
5 just read those into the record so that any
6 members of the public might be able to address
7 them if they have specific concerns about
8 particular items.
9 Now, the first item is that the property
10 owner would be allowed to secure and maintain
11 the property for a period of three years from
12 the adoption date of this resolution. So they
13 can board it up and seal it to prevent
14 unauthorized access to the building for a period
15 of three years.
16 Maintaining the property shall include
17 securing all building openings against
18 unauthorized access, maintaining the property
19 itself to prevent the unauthorized accumulation
20 of vegetation, trash or debris, erasing graffiti
21 in a timely manner, and otherwise maintaining
22 the property in a safe and reasonably clean
23 manner.
24 The third item is that the property owner
25 shall certify that repairs have been made to the
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1 balcony so that it is safe and not otherwise a
2 danger to the public; that electrical utilities
3 shall be disconnected until an electrical safety
4 inspection has been conducted by a licensed
5 electrician; and, pursuant to section 307.110(A)
6 of the ordinance code, complying with all of the
7 above conditions shall constitute proper
8 corrective action to satisfy Chapter 518 of the
9 ordinance code as it's applied to the current
10 condition of the building.
11 This agreement will not affect the City's
12 ability to respond to a substantial change in
13 circumstances as applied to this building after
14 the effective date of the agreement; that after
15 the three-year time period identified in this
16 agreement, the property owner has not either --
17 if the property owner has not either sold the
18 property or is not in the process of significant
19 renovations to rehabilitate the property, the
20 owner shall be allowed to reapply for a
21 certificate of appropriateness for demolition.
22 This agreement shall not constitute
23 competent substantial evidence to support or
24 oppose a subsequent demolition certificate of
25 appropriateness.
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
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1 The property owner may, at any time,
2 utilize any portion of the building, which may
3 include restoring utilities, so long as that
4 portion of the property has been certified
5 through permitting or other inspection that it
6 is in compliance with all applicable codes and
7 requirements pertaining to such use.
8 And then, finally, this agreement shall be
9 personal to the current owner of the property
10 and shall not be transferrable to new or
11 subsequent purchasers.
12 In crafting this agreement, I attempted to
13 incorporate comments that were made by
14 representatives from SPAR at the Historic
15 Preservation Commission, particularly with the
16 safety of the balcony itself, which led to that
17 condition that the balcony be certified as being
18 safe. And, otherwise, the parties have agreed
19 to this agreement and that would satisfy both
20 the requirements of Chapter 518 and also the
21 historic section under Chapter 307.
22 THE CHAIRMAN: Okay. Does anybody have any
23 question of Mr. Teal?
24 My queue is down. So if anybody has
25 anything you need to say, please raise your
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1 hand.
2 Mr. Joost.
3 MR. JOOST: Okay. So if everybody is in
4 agreement to these nine conditions, how do -- do
5 we vote to either grant the appeal or deny it?
6 What do we need to do at that point?
7 MS. ELLER: My recommendation would be to
8 grant the appeal subject to these conditions.
9 MR. JOOST: Subject to the nine conditions.
10 MS. ELLER: The reason why is that you're,
11 in essence, modifying what was done at the
12 Historic Preservation Commission, so -- and
13 you're also granting relief pursuant to these
14 conditions. So as opposed to denying the appeal
15 and then adding these conditions, I would
16 suggest that you grant the appeal specific to
17 these conditions, and it accomplishes it.
18 MR. JOOST: Okay. Move to grant -- move to
19 grant the appeal with these nine conditions.
20 THE CHAIRMAN: Let's close the public
21 hearing first.
22 MR. JOOST: Okay.
23 THE CHAIRMAN: Do we have any speakers?
24 AUDIENCE MEMBERS: (No response.)
25 THE CHAIRMAN: Okay. Seeing no speakers,
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1 we'll close the public hearing.
2 Did we have some speakers?
3 MS. DE SPAIN: (Indicating.)
4 THE CHAIRMAN: Yes, ma'am. Come on down if
5 you wanted to speak on this. The public hearing
6 is open. You can fill out a blue card later.
7 That's fine.
8 (Ms. De Spain approaches the podium.)
9 MS. DE SPAIN: Thank you.
10 THE CHAIRMAN: If you can give us your name
11 and address. And then when you get done, fill
12 out a blue card for us.
13 MS. DE SPAIN: Okay. Louise De Spain, 1851
14 North Liberty Street.
15 And I'm actually the executive director for
16 SPAR, and I do remember specifically when this
17 building came to the Historic Preservation
18 Commission. And, unfortunately, I'm sorry. I
19 just arrived, so I haven't had time to read
20 through these conditions.
21 I guess I would have to just sort of
22 reiterate what was said at the Historic
23 Preservation Commission, and that is that I
24 personally saw some problem with the safety of
25 that balcony. The people from Code Enforcement
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1 had some issues, and I went by to drive to see
2 it myself, that the building is beginning to
3 lean some, and I think that is a significant
4 consideration.
5 I know that the people who have wanted to
6 address this situation have actually presented a
7 plan where they would fix up the outside of the
8 building but needed some time on the interior.
9 Again, I can't really address that because I
10 haven't had the opportunity to talk with anyone
11 from Code Enforcement about whether they would
12 allow that or not. I've tried, but I haven't
13 been able to speak with anyone yet.
14 So I just wanted to give that input.
15 I'm not sure at this point what I should
16 say because I haven't seen these conditions, but
17 I wanted you to at least know that I had been
18 there and had heard the HPC input.
19 So thank you.
20 THE CHAIRMAN: Thank you, ma'am.
21 Anybody else who didn't get a chance to put
22 in a blue card but wants to speak?
23 AUDIENCE MEMBERS: (No response.)
24 THE CHAIRMAN: All right. Seeing no other
25 speakers, we will close that public hearing.
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
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1 MR. JOOST: Move to grant the appeal
2 subject to the nine conditions.
3 MR. DAVIS: Second.
4 THE CHAIRMAN: I have a motion to grant the
5 appeal subject to those nine conditions.
6 Are we in the proper order to go ahead and
7 take a voice vote on the appeal?
8 MS. ELLER: (Nods head.)
9 THE CHAIRMAN: On the amendment?
10 MS. ELLER: On the amendment.
11 THE CHAIRMAN: All right. All in favor of
12 the amendment with the nine conditions as
13 listed, please signify by saying aye.
14 COMMITTEE MEMBERS: Aye.
15 THE CHAIRMAN: Any opposed?
16 COMMITTEE MEMBERS: (No response.)
17 THE CHAIRMAN: Seeing none, the amendment
18 passes.
19 MR. JONES: Move the bill as amended.
20 MR. JOOST: Second.
21 THE CHAIRMAN: We have a motion and second
22 to grant the appeal.
23 Please open the ballot.
24 (Committee ballot opened.)
25 MR. HOLT: (Votes yea.)
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1 MR. JONES: (Votes yea.)
2 MR. DAVIS: (Votes yea.)
3 DR. GAFFNEY: (Votes yea.)
4 MR. JOOST: (Votes yea.)
5 MR. REDMAN: (Votes yea.)
6 THE CHAIRMAN: Close the ballot and record
7 the vote.
8 (Committee ballot closed.)
9 MS. LAHMEUR: Six yeas, zero nays.
10 THE CHAIRMAN: By your action, you have
11 approved 2009-694.
12 Councilman Jones wanted to ask a question.
13 MR. JONES: Thank you.
14 Through the Chair to Mr. Teal. Who will
15 enforce -- who will ensure that this will
16 actually happen? Because I know a lot of times
17 we put conditions on PUDs, and I've gotten
18 several complaints that nobody is enforcing the
19 planned unit development.
20 MR. TEAL: This would be -- through the
21 Chair to Councilmember Jones, this would be
22 enforceable by the City's Historic Preservation
23 enforcement individual. I think Martin Kennelly
24 is his name.
25 But, in essence, this would be -- because
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1 we -- it's in the posture of an appeal for a
2 certificate of appropriateness for demolition,
3 that -- any conditions that are placed on any
4 certificate of appropriateness are enforced by a
5 Planning Department inspector.
6 MR. JONES: Okay. Thank you.
7 And how many Planning Department
8 inspectors -- that's not part of the code
9 compliance, is it?
10 MR. TEAL: There is one individual who is
11 dedicated as a historic preservation enforcement
12 inspector. His duties are to ensure compliance
13 with Chapter 307 in Springfield and in
14 Riverside/Avondale and then as any landmarks
15 that might be designated anywhere else in the
16 city.
17 MR. JONES: One final question.
18 Erasing graffiti in a timely manner. How
19 would you define that?
20 MR. TEAL: That's actually in the ordinance
21 code. It's required that graffiti be removed
22 within 24 hours of the property owner being
23 notified.
24 MR. JONES: Okay. A timely manner is
25 24 hours from the time the owner is notified?
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1 MR. TEAL: Correct.
2 MR. JONES: Okay. Thank you.
3 THE CHAIRMAN: That's fine. Thank you,
4 Councilman Jones.
5 All right. Let's go back to page 2. And,
6 let's see, items 1, 2, and 3 -- all the items on
7 that page are deferred, as well as item 4 at the
8 top of page 3.
9 Item number 5, 2009-254. We will open the
10 public hearing.
11 We have a bunch of speakers.
12 All right. Let's see, let's start -- is it
13 Sandra Nichols?
14 MS. FLEET: She's the opposition.
15 THE CHAIRMAN: I'm sorry. I'm just taking
16 them in the order they were handed to me. I'm
17 starting with those in opposition.
18 Is there a Sandra Nichols? Did I say
19 that --
20 AUDIENCE MEMBER: Yes.
21 THE CHAIRMAN: Yes, ma'am.
22 (Audience member approaches the podium.)
23 THE CHAIRMAN: Please state your name and
24 address for the record.
25 AUDIENCE MEMBER: My name is Sandra
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
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1 Nichols. I live at 2403 Tebassa Road,
2 Jacksonville, Florida 32216.
3 THE CHAIRMAN: Go ahead. You have three
4 minutes.
5 MS. NICHOLS: Okay. If this PUD is
6 approved, N.B. Ministries will be the first
7 church zoned residential on a lot less than two
8 acres in the ZIP code 32216 in over 50 years.
9 Historically, the Stanleys would shut down
10 their Jacksonville ministry and spend the summer
11 months out of state. All that has changed since
12 the filing of this PUD. They responded to the
13 criticism that they are operating a cool weather
14 ministry by extending their program through the
15 summer months, yet buses that are essential to
16 this ministry rarely move except once on Sunday
17 to the PUD site, once a month to Glad Tidings
18 Church, in which the Stanleys are long-time
19 members, occasional bus outings and every few
20 years for nursing home evacuations.
21 The views within the property for the
22 Stanleys and their guests are probably quite
23 pleasant -- see Exhibits 2 through 4 -- yet
24 their neighbors are forced to look at
25 11-foot-high buses that has landscaping to their
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1 back yards while weeds grow wild within the
2 Stanleys' 10-foot buffer, creating a home for
3 snakes and other wild animals.
4 I've been told those buses idling for hours
5 without leaving the PUD site amplifies singing,
6 preaching, talking, and the strong smell of
7 diesel fuel forcing the neighbors back into
8 their home. Recently repairmen were seen
9 servicing a bus. These buses are an eyesore and
10 polluters, and the Stanleys have stolen their
11 neighbors' right to the full use and enjoyment
12 of their properties.
13 Further, Stanleys -- this ministry is well
14 financed. See Exhibit 5. Their resources
15 include dividends, monthly donations from
16 families of nursing home residents, miraculous
17 gifts, nursing home payments, missionary
18 offerings, random donations and more. This
19 makes them well positioned to utilize bus
20 storage facilities anywhere in the city.
21 In 2002, I was admonished by Mr. Stanley
22 for not siding with him against the Islamic
23 community of the Bosnians' attempts to acquire a
24 church. More recently, I was accosted by
25 Mr. Stanley and his male associate for taking
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1 pictures regarding this PUD while standing on
2 the sidewalk. See Exhibit 6.
3 Within three days, a certified letter came
4 to my home from Glad Tidings Church's attorney
5 threatening legal action if I'm found
6 trespassing on their church site.
7 If this PUD is approved in any form, I
8 request the following: Buses stored off site,
9 minimum three-foot buffer on east and north
10 property line, waste removal for nonresidential
11 use, gates and fences installed per regulations,
12 all documents amended to reflect the change.
13 THE CHAIRMAN: Ma'am, could I stop you for
14 just a second and ask you to slow down a little
15 bit? We've got a stenographer that's taking
16 everything down.
17 MS. NICHOLS: Oh, I'm sorry.
18 THE CHAIRMAN: I'll give you a little more
19 time if you need to finish.
20 Are you done?
21 MS. NICHOLS: I'm done.
22 THE CHAIRMAN: I'm sorry.
23 MS. NICHOLS: That's okay. Thank you.
24 THE CHAIRMAN: We just have to be sensitive
25 so we can get it all down on the record.
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1 If you could hold on just a second,
2 Mr. Redman has a question for you.
3 MR. REDMAN: Ms. Nichols, where is your
4 property in relation to the Stanleys' property?
5 MS. NICHOLS: I'm four houses away.
6 MR. REDMAN: So there are three houses --
7 three properties between your property and
8 theirs?
9 MS. NICHOLS: Three, four houses. Yes,
10 maybe four houses between my property and
11 theirs, yes.
12 MR. REDMAN: Okay. And there's a parking
13 lot directly across the street from your house?
14 MS. NICHOLS: Yes, there is.
15 MR. REDMAN: With how many cars on that
16 parking lot?
17 MS. NICHOLS: During the day -- I guess
18 there must be about ten or so cars there during
19 the day.
20 MR. REDMAN: Okay. Thank you.
21 MS. NICHOLS: You're welcome.
22 THE CHAIRMAN: Thank you, Mr. Redman.
23 All right. Now we have Theodora Nichols.
24 (Audience member approaches the podium.)
25 THE CHAIRMAN: And anybody who may have
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1 submitted a blue card but hears all of their
2 points already made, feel free to just pass if
3 somebody has already made all the points that
4 you did want to.
5 (Audience member approaches the podium.)
6 AUDIENCE MEMBER: I beg your pardon. Say
7 that again.
8 THE CHAIRMAN: I was just saying that
9 anybody that has already heard all of their
10 points made could just, you know, raise their
11 hand and say, "I'll pass" if you don't want to
12 speak.
13 But go ahead, ma'am. You have three
14 minutes. If you could start with your name and
15 address.
16 AUDIENCE MEMBER: I am Theodora Nichols of
17 2403 Tebassa Road.
18 And you just heard from my sister. My
19 sister and I moved into our new home in 2001.
20 I'm opposed to this rezoning because the site
21 fails to meet the requirements for a church and
22 because bus storage is prohibited on the
23 applicant's site and their neighbor's site. See
24 Exhibit 1.
25 For the record, this is the second time an
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1 owner has tried to get a church approved in this
2 area. In both instances, the site was less than
3 two acres and they over misstated the buildings
4 purpose.
5 The first request was made by the Islamic
6 community of the Bosnians in 2002, and their
7 request was justifiably rejected by the City.
8 See Exhibits 2A through 2D.
9 Bus storage is a major concern, but it is
10 permitted and available in the intensity in
11 commercial and industrial districts around
12 Beach Boulevard, Philips Highway and University
13 at I-95.
14 The area surrounding Tebassa Road is
15 neither intensely commercial nor industrial.
16 See Exhibit 3.
17 In reviewing the application and the
18 planning staff recommendation, it became clear
19 information is missing. That includes failing
20 to state that, per Sean Kelly, the strip mall
21 driveway is residential and a nonconforming
22 use. See Exhibit 4 and Exhibit 6. In addition,
23 the tax collector's office that once was in that
24 mall has moved to Hogan Road.
25 Failing to state the applicant's site is
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1 more than 300 feet away from the strip mall and
2 unqualified to get a secondary use. Failing to
3 state emphatically that bus storage is being
4 requested.
5 The application implies bus storage while
6 Sean Kelly says bus storage is prohibited. See
7 Exhibit 5A and B.
8 Provide screening and buffer if not less
9 than 30 feet on the north and east property
10 lines, identify which sections of Part 6 are
11 being waived, include staff parking, a front
12 gate and a guard, include provisions for solid
13 waste removal and define the conditions that
14 terminate the PUD.
15 Approval of this request will eliminate the
16 transition between residential and
17 nonresidential districts, redefine nonconforming
18 uses, and require rules for resolving intra- and
19 interdistrict incompatibilities. See Exhibit 6.
20 I suggest this request be denied.
21 Thank you.
22 THE CHAIRMAN: Thank you, ma'am.
23 Ms. Ruth Sidbury.
24 (Audience member approaches the podium.)
25 AUDIENCE MEMBER: Hi. I'm Ruth Sidbury,
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
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1 and I live at 2520 Tebassa Road.
2 And I have some pictures I'd like for you
3 to distribute.
4 THE CHAIRMAN: You can go ahead, ma'am,
5 while she's handing those out.
6 MS. SIDBURY: Okay. Thank you for the
7 opportunity to speak, and I do oppose the zoning
8 of 2503 Tebassa Road.
9 I do hope each of you consider your own
10 neighborhood while listening to the opposition
11 to the rezoning of this property and the
12 possibility of something similar happening to
13 you.
14 I have lived on Tebassa Road since 1969 and
15 have spoken at these kind of hearings four times
16 concerning issues that were a threat to our
17 neighborhood. However, this is the first time
18 that we residents, who have been here longer
19 than N.B. Ministry, seem to be speaking on deaf
20 ears.
21 There have been numerous changes over the
22 years as we have battled to keep our streets
23 primarily residential. Many of us have spent
24 thousands of dollars on home improvement,
25 landscaping repairs, and so forth on our homes,
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1 just as the Stanleys claim they have.
2 I am an 80-year-old and I still mow my yard
3 with my tractor. However, our intentions have
4 been to make a home, not a storage lot for
5 buses. I doubt most of you could honestly say
6 today that you would want this in your backyard,
7 which is why we ask you not to allow it in
8 ours.
9 There is not a reason under the sun that
10 this ministry cannot continue if it is done in
11 the correct manner. They are not being honest
12 about what they are doing or their intentions.
13 We were told they could not hold services in the
14 storage building until it was brought up to
15 code. Not true. They have continued to bring
16 the buses in and out and every Sunday since the
17 last hearing.
18 We have been told they do not work on these
19 buses on the property. Not true. It has been
20 observed by several of us that they have. They
21 also stated that the buses do not stand idle for
22 any length of time. Not true.
23 Please note that the time from the top of
24 the left photo to the bottom, the white bus was
25 idling the entire time, and this happens each
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
27
1 and every time they use the buses on the
2 street.
3 We did not speak sooner due to the fact
4 that the buses were hidden on the back of the
5 adjacent property, which shows the deceitful
6 attitude from the beginning.
7 Mr. Stanley has not been a good neighbor
8 and I must question his motives due to his
9 actions towards those of us that are simply
10 trying to protect our properties and our rights
11 as citizens of the city I have called home since
12 1952.
13 I too have volunteered many hours each week
14 for many years for several organization that
15 provide different levels of help, including
16 scholarships for young women, meals,
17 entertainment, the nursing homes, transporting
18 elderly to doctors' appointments and so forth.
19 However, I am not asking you --
20 THE CHAIRMAN: Ma'am, your time is up.
21 MS. SIDBURY: -- to allow me to store six
22 buses on the rear of my property in a
23 residential district.
24 THE CHAIRMAN: Ma'am, your time is up.
25 Thank you, but Mr. Redman does have a question
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
28
1 for you.
2 MR. REDMAN: Good to see you, Ms. Sidbury.
3 MS. SIDBURY: Hi.
4 MR. REDMAN: She works out where I do every
5 morning, so she's in good shape.
6 MS. SIDBURY: I see him all the time. We
7 just speak.
8 MR. REDMAN: I appreciate you being here.
9 But what was the property like before the
10 Stanleys moved in there and bought that
11 property? Can you remember?
12 MS. SIDBURY: Yes.
13 MR. REDMAN: You've been there all these
14 years. I know you know what it was like then.
15 MS. SIDBURY: That property was owned by
16 elderly people, and one of them died, which was
17 the male. I can't remember his name right now.
18 And his wife stayed there for a while, and then
19 she had to go live with her son.
20 MR. REDMAN: But what was the property --
21 condition of the property?
22 MS. SIDBURY: Well, during a short time
23 that she was living with her son, it was not
24 kept up as good as we would like it to have
25 been.
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
29
1 MR. REDMAN: So you think it's kept up much
2 better now than it was then or worse now than it
3 was then?
4 MS. SIDBURY: Well, it don't look like a
5 residence. It looks like a business.
6 MR. REDMAN: But is it kept up good now?
7 MS. SIDBURY: Well, it's kept -- the
8 grounds is kept up, yes.
9 MR. REDMAN: Okay. Thank you.
10 MS. SIDBURY: Thank you.
11 THE CHAIRMAN: Thank you, ma'am.
12 All right. Now, when I started earlier, it
13 looked like somebody maybe -- a spokesperson was
14 about to step up for the side of support.
15 MS. FLEET: Yes.
16 THE CHAIRMAN: If that person could come up
17 and start -- and give your name and address
18 because I don't know which card is yours, ma'am.
19 (Ms. Fleet approaches the podium.)
20 MS. FLEET: Janis Fleet, 4041 Sunbeam
21 Road.
22 And I think I have a presentation -- can
23 you put the -- on the overhead so you could see
24 what -- so I can talk to it?
25 Okay. In the bottom of that slide, you can
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
30
1 see this property -- you see the project site,
2 next to it is the -- is a private school that
3 goes between their project and all the way out
4 to Terry Road.
5 Across the street is an entrance or exit to
6 a commercial establishment that's on
7 University. And next to that, all the way to
8 Terry Road is church property. So the area has
9 been impacted by institutional uses. It's kind
10 of a transitional area.
11 What we learned at the Planning
12 Department -- Planning Commission from the
13 Planning Department is buses that are incidental
14 to the use, such as school buses, church buses,
15 that type of buses, can be parked on the
16 property. So basically right next to the
17 Stanleys' property, on the school property, the
18 private school property, they could have buses
19 parked there today. So that's one of the
20 contentions that people have.
21 And the reason they've been hidden in the
22 back is that they wanted to keep it as a
23 neighborhood and they didn't want the buses to
24 be seen, so they were trying to put them in the
25 back.
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
31
1 Basically to get a little history on this
2 property, the Stanleys moved there -- and if you
3 look through some of the next couple of
4 pictures -- back in 2002 -- this is how it looks
5 today, but you'll see pictures further down. It
6 was very -- the site was very overgrown, and
7 they cleaned it up. There was a mobile home
8 that was on the site and the existing mobile
9 home that was in a very poor condition that has
10 been upgraded.
11 And basically what they did is they went to
12 get a building permit, which they did receive
13 for a use to have their nursing home services.
14 And that's what they do, they provide -- they
15 pick up nursing home residents, and you'll hear
16 from them today. They pick them up at their
17 various assisted living or nursing homes, bring
18 them to this site. And they needed a facility
19 that would serve -- be able to have the
20 facilities to serve nursing home residents.
21 So they built this structure and they were
22 permitted by the Building Department as an
23 accessory use. And then they got code
24 enforcement, who started the PUD process, to
25 basically get them legal. And because of the
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
32
1 size of the property -- they did not know that
2 they were doing anything illegal, but they --
3 they really --
4 They provide a wonderful service for the
5 community in that they provide nursing home
6 residents that would have no other place to go
7 to church on Sunday -- and these -- the buses
8 that they have are either old JTA or school
9 buses that have been converted to
10 handicap-accessible facilities.
11 We have offered two additional conditions
12 that no maintenance could be on the site for the
13 buses, and that the buses would turn out of the
14 property left, so they would go towards Terry
15 Road so they would not impact any of the
16 residents at the other end of Terry Road that
17 are in opposition.
18 We have not had any opposition from anybody
19 else, but the neighbors are in support that are
20 adjacent to this property.
21 THE CHAIRMAN: Thank you, ma'am.
22 Mr. Redman has a question for you.
23 MR. REDMAN: Ms. Fleet, you mentioned a
24 church property other than their property. Is
25 there another piece of church property on the
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
33
1 same street?
2 MS. FLEET: Yes. Glad Tidings Church is --
3 goes from Terry Road almost to the front of
4 their property.
5 MR. REDMAN: So it's across the street?
6 MS. FLEET: On the north side of the
7 street, right across the street from them.
8 If you stand at their -- on the Stanleys'
9 property, you can see Glad Tidings. You know,
10 almost touch it.
11 MR. REDMAN: Thank you.
12 THE CHAIRMAN: Ms. Fleet, Mr. Jones has a
13 question for you.
14 MR. JONES: Thank you.
15 Is the church operating the day -- the day
16 care operating legally now?
17 MS. FLEET: It's a church.
18 MR. JONES: It's a church. Okay.
19 MS. FLEET: It has -- doesn't have a day
20 care facility. It has been providing services.
21 They did not realize that they weren't allowed
22 to provide the services, so -- they've been
23 doing it since they built the facility back a
24 few years ago.
25 MR. JONES: Did they get a permit to build
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
34
1 the facility?
2 MS. FLEET: Yes, they did. They got a
3 permit. But, as I said, it was permitted as an
4 accessory use because they have a residence on
5 the property and this was in the back of their
6 property. That's how -- but when the -- during
7 the inspection time, I think the electrical
8 inspector questioned what they were doing and
9 they wrote the City what they were doing and
10 they had to rewire it for an assembly building.
11 So it wasn't like they were doing anything --
12 hiding or anything. They've been telling the
13 City what they were going to do.
14 MR. JONES: And they still got a permit
15 even though --
16 MS. FLEET: Yes.
17 MR. JONES: -- it was not a permitted use?
18 MS. FLEET: Exactly.
19 It got approved for zoning, and then it was
20 further down the line that the building permit,
21 they questioned it, but they didn't go back to
22 zoning. And we have -- I have a copy of the
23 building permit if you want me to show it to
24 you.
25 MR. JONES: No.
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
35
1 I'm looking at the map. To the rear of the
2 property that fronts on Tebassa Road is all
3 single-family residential?
4 MS. FLEET: Yes. On the back -- the
5 street, sign street is on the back side of the
6 property.
7 MR. JONES: Okay.
8 MS. FLEET: On the rear of their property.
9 MR. JONES: And to the -- and I don't have
10 the direction. I don't know whether that's
11 north or south.
12 On one side is a school you're saying?
13 MS. FLEET: Yes, sir.
14 MR. JONES: And on the other side is
15 residential?
16 MS. FLEET: Yes. And the -- at the
17 Planning Commission, the person that was on the
18 other side of their property was here. She
19 could not make it today, but I think Mr. Stanley
20 has a letter from her. But she's in support.
21 She works with them. She thinks it's phenomenal
22 what they do to their residents, to the nursing
23 home residents of the city.
24 MR. JONES: All right. Thank you,
25 Ms. Fleet.
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
36
1 MS. FLEET: No problem.
2 THE CHAIRMAN: Mr. Gaffney.
3 DR. GAFFNEY: Thank you, Mr. Chairman.
4 I -- one question here. You mentioned that
5 there's another piece of property the church
6 owns. Is that commercial property?
7 MS. FLEET: No, they don't own other
8 property.
9 DR. GAFFNEY: There's no other property?
10 MS. FLEET: They just own this parcel right
11 here on 250345 Tebassa Road. There's another
12 church, Glad Tidings Church.
13 DR. GAFFNEY: Okay. So another church?
14 MS. FLEET: Yes. Glad Tidings is basically
15 across the street, catty-corner across the
16 street. And that's been there many years, I'm
17 sure.
18 Mr. Redman, probably ten years? Fifteen
19 years? I don't know.
20 MR. REDMAN: Thirty or forty.
21 MS. FLEET: Thirty, forty years. I'm
22 sorry.
23 And the school has been there -- that used
24 to be Chappell. It's been various private
25 schools, but that school has probably been there
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
37
1 30 years also at least.
2 MR. REDMAN: Forty.
3 MS. FLEET: Thirty, forty years.
4 DR. GAFFNEY: Thank you.
5 THE CHAIRMAN: Thank you, Dr. Gaffney.
6 Any other questions for Ms. Fleet?
7 COMMITTEE MEMBERS: (No response.)
8 THE CHAIRMAN: None?
9 Okay. Thank you, ma'am.
10 MS. FLEET: Thank you. I appreciate it.
11 THE CHAIRMAN: I've got a stack of other
12 cards here. But, again, if anybody wants to
13 just pass, you can say so.
14 The next person I have is Jerry White.
15 (Audience member approaches the podium.)
16 THE CHAIRMAN: And the next person will be
17 Vicki Smith White, if you wanted to make your
18 way down.
19 AUDIENCE MEMBER: Good afternoon.
20 My name is Jerry White.
21 THE CHAIRMAN: Can you give your address?
22 AUDIENCE MEMBER: I live at 5625 Heckscher
23 Drive, and the ZIP is 32226.
24 I have an e-mail correspondence from Mayor
25 John Peyton in regard to People Worth Loving
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
38
1 Ministries, the church in question. And this is
2 in response to an attempt by my wife and myself
3 to procure some faith-based finances that the
4 City was proposing for the community services.
5 And in this -- I'll just read the response
6 to the e-mail. You can read the e-mail on your
7 own time. But the mayor replied to us. He
8 says, "Thank you for sending me another update
9 on your church's activities. Your e-mails are
10 inspirational. The good work you do is a
11 tribute to your strong faith and generous
12 nature. I thank you for giving such hope and
13 compassion to so many members of your church.
14 "Thank you again for all you do.
15 "Warm regards, John Peyton."
16 Everybody, I think, down here was aware
17 what was going on at -- on Tebassa Road. And I
18 know that a couple of years ago, when they
19 had -- or about the same time, '04, when we had
20 all those storms coming through, that these
21 buses in question were called into service to
22 evacuate other nursing homes that didn't have
23 access to wheelchair-equipped transportation.
24 And they served a valuable service in that they
25 were able to help evacuate a number of nursing
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
39
1 homes, both in Jacksonville and in other parts
2 of the state that were in the storm's path.
3 And I'd like to say that until you have a
4 mother or father or spouse or some other
5 relative in a nursing home -- I know that my
6 father-in-law, who my wife and I took care of in
7 his declining years, really resented the idea of
8 being locked away in a nursing home. He said
9 they were warehouses for the unwanted. That was
10 his fear, that he was going to spend his last
11 days in a nursing home. And I know that this
12 ministry brings a lot of hope to the lives of
13 the people that have been forgotten by their
14 families.
15 Thank you.
16 THE CHAIRMAN: Thank you, sir.
17 Ms. White.
18 (Audience member approaches the podium.)
19 AUDIENCE MEMBER: My name is Vicki Smith
20 White. I live at 5625 Heckscher Drive in
21 Jacksonville.
22 And I do want to read this letter for those
23 who don't have a copy of it that I wrote to the
24 mayor in 2004.
25 "Good afternoon, Mr. Mayor.
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
40
1 "The writer from Charisma Magazine came to
2 Jacksonville yesterday to attend the People
3 Worth Loving Church service. She was very
4 impressed and moved by the kindness and love
5 shown to nursing home people. And the article
6 will come out in the December issue, as I
7 understand."
8 It actually did. I hope you have that.
9 "Hopefully, the national attention this
10 ministry will receive from this venue will
11 inspire others around the country to step out
12 and do something more positive for our elderly
13 and infirmed than stuff them away to die feeling
14 thrown away and miserably neglected.
15 "I'm reminded of one of our church members
16 who passed away a month or so ago. I went to
17 see her in the hospital" -- I don't think I can
18 do this -- "and she told me she was dying. The
19 television was on and a commercial came on for a
20 cleaning product of some kind or other, and she
21 looked and" -- "it was called Scrub and Toss.
22 She looked up and she looked at me and she said,
23 `That's the story of my life. I worked all my
24 life and then they toss me out.'"
25 I'm not going to finish that letter, but I
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
41
1 do want to say that I don't know a single person
2 who is more honest or has more integrity than
3 Buck Stanley. I don't know anybody who would
4 not want to be his neighbor. We've been
5 acquainted with them for a lot of years. They
6 add a value to this community that is
7 immeasurable.
8 My father was somewhat famous in the
9 Jacksonville area as the (inaudible) columnist
10 from the 1970s up until the 1990s. And some of
11 you may know of him, but what you don't know is
12 that in his declining years dementia set in and
13 it grew worse every day. And this facility,
14 this church was the one place that he could go
15 to feel loved, cared about, and comfortable.
16 And I really wonder if you all realize what a
17 true treasure Jacksonville has in these people
18 and what they do for this segment of community.
19 We've witnessed the Stanleys pour
20 themselves, their labor and their money into
21 creating a place that is unlike every other
22 place. It is a facility that accommodates
23 wheelchairs, and they get them there and back.
24 Do not withhold good from them to whom it
25 is due if it is in the power of your hand to do
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
42
1 it.
2 THE CHAIRMAN: Thank you, ma'am.
3 MS. WHITE: I have this to give to you.
4 THE CHAIRMAN: She'll hand them out.
5 Thank you, ma'am.
6 Jeri Scott.
7 (Audience member approaches the podium.)
8 THE CHAIRMAN: And after that is Nikki
9 Stanley, followed by Buck Stanley.
10 AUDIENCE MEMBER: I have some pictures here
11 if you would like to see them.
12 THE CHAIRMAN: Ms. Scott, if you could give
13 your name and address for the record.
14 AUDIENCE MEMBER: Jeri Scott, 1103 Barrs
15 Street.
16 THE CHAIRMAN: Thank you, ma'am.
17 MS. SCOTT: It's an assisted living
18 facility. And Nikki and Buck pick us up to go
19 to church on Sundays. And it's a kind, loving
20 environment where we go to church, and I hope
21 you allow it to stay there. And it is
22 specifically for disabled people.
23 And that picture in the back here
24 (indicating), this is the church. It's not a
25 storage building. It's a church. And it's nice
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
43
1 and neat property. I've been going there for
2 quite some time and the property is always well
3 kept.
4 And as far as being a disabled person, you
5 might not know how hard it is to be able to get
6 to church on Sunday and to have somebody to be
7 able to come and pick us up that is loving and
8 kind and faithful in picking us up to go to
9 church means the world to me and to others to go
10 to that church.
11 And that's what I have to say right now.
12 Thank you.
13 THE CHAIRMAN: Thank you, ma'am.
14 Nikki Stanley.
15 (Audience member approaches the podium.)
16 THE CHAIRMAN: Thank you, Ms. Stanley.
17 If you could give your name an address.
18 AUDIENCE MEMBER: My name is Nikki
19 Stanley. I live at 2503 Tebassa Road,
20 Jacksonville, Florida.
21 And my husband and I are applying for a PUD
22 for N.B. Ministries so that we can continue
23 helping nursing home people, which we've been
24 doing for the past eight years from this
25 address.
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
44
1 The property is a little over an acre.
2 We've poured a lot of hard work into the
3 property in order to improve it and make it more
4 presentable to our neighbors. We have always
5 tried to be considerate of them. All they had
6 to do was come to us, if there was some problem,
7 and no one ever did.
8 As a matter of fact, when we first moved
9 onto the property, Buck spoke to Ms. Sidbury
10 several times, very friendly, invited her to
11 come. She told us how she was concerned about
12 the neighborhood and how it looked, and Buck
13 assured her that he would keep improving it.
14 And from time to time, he would ask her how
15 things were looking. And she would say, "You're
16 doing a good job."
17 On the second page, I'd like you to look --
18 I tried to put some pictures together so that
19 all of you could see what you would see if you
20 drove past the property.
21 As you can see, the property on the left in
22 the first picture and then across the street is
23 a wooded lot with an entrance then to the
24 shopping center in back, then you go past the
25 property and next would be the school, and then
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
45
1 the property owned by Glad Tidings on the
2 right.
3 We thought everything was fine until we
4 were cited for having the buses on the
5 property. And we immediately went to the code
6 enforcement and asked what we could do, what we
7 needed to do, was it possible to get an
8 exception so that we could continue on. And we
9 were told that probably a PUD would be the best
10 thing to do in order to come into code
11 compliance.
12 And when we applied for it, we discovered
13 that the neighbors to the north of us, closest
14 to Bennett Road and only 200 feet from
15 University Boulevard and over 500 feet from our
16 property, didn't want this rezoning, neighbors
17 who had never complained before.
18 We're willing to add more trees and shrubs
19 and/or fencing if necessary.
20 Our neighbors behind us, we have a
21 beautiful crop of -- what do you call it --
22 bamboo, and it totally covered any view of our
23 property. We were asked by those neighbors
24 behind us -- one neighbor behind us to remove
25 the bamboo because she felt her dog was at risk
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
46
1 for this because of snakes possibly and rats and
2 whatnot.
3 Before we bought the property, it was
4 covered in water often, most of time, and it was
5 full of trees everywhere. As you can see, it's
6 no longer like that.
7 Is that it?
8 THE CHAIRMAN: Yes, ma'am. Your time has
9 expired.
10 MS. STANLEY: You have the rest of the
11 information.
12 THE CHAIRMAN: Thank you very much.
13 MS. STANLEY: Thank you.
14 THE CHAIRMAN: And I would ask that if
15 there's anybody who has heard the points that
16 they wanted to make already made, if you could
17 be respectful of the time. I think we're
18 probably saying some of the same things
19 repeatedly.
20 Mr. Stanley, Buck Stanley, please.
21 (Audience member approaches the podium.)
22 AUDIENCE MEMBER: My name is Buck Stanley,
23 2503 Tebassa Road.
24 I have a letter here from our neighbor that
25 she couldn't be here, and I'd like for you to
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
47
1 have one. She just reemphasized the fact that
2 she doesn't want us planting a lot of things.
3 She wants to be able to see our property and be
4 able to help us.
5 We've had these buses on the property since
6 2001, and the very opposition has been there the
7 same amount of time and never said anything
8 until last year. So we're -- we're trying to do
9 the right thing. And we're trying to be a good
10 neighbor and a benefit to our great city in
11 Jacksonville. And I would never intentionally
12 do anything illegal. That's why I'm here today,
13 spent over $13,000 just trying to get rezoned,
14 of money that we -- could be used to help
15 nursing home people.
16 But nothing has been done in secret. And
17 the evacuation of nursing home people is a
18 critical thing. We read from Katrina how one
19 nursing home, every resident in it died because
20 they didn't move the people out.
21 As far as our property being a bus storage,
22 we use our buses. We use our buses to help
23 people that can't help themselves.
24 As far as maintenance, we have to check the
25 oil, we have to clean the windshield, but we are
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
48
1 not equipped to do any heavy maintenance on the
2 buses. And we've always tried to do the right
3 thing. We have never let the buses set there
4 and run for hours. One reason is financially it
5 would be stupid to do such a thing.
6 I pray that you'll consider this rezoning
7 because with all of the responses that we've had
8 and the people that even operate the nursing
9 homes have written letters that I want to give
10 out while I still have a second or two, and to
11 tell that this would be a bad thing if we had to
12 move out of the neighborhood. I want to be a
13 good neighbor.
14 One more thing. I want to say it again,
15 the very people that are opposing this are the
16 people that have been a distant neighbor all
17 these years and never said a thing, never said a
18 thing until last year.
19 God bless you.
20 THE CHAIRMAN: Thank you, sir.
21 If you could stand by for a question from
22 Mr. Redman.
23 MR. STANLEY: Yes.
24 MR. REDMAN: Thank you, Mr. Chairman.
25 Reverend Stanley, how long have you been in
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
49
1 the nursing home ministry itself?
2 MR. STANLEY: Eighteen years, full-time.
3 MR. REDMAN: How many nursing homes do you
4 feel like that you associated with -- you know,
5 you're associate with -- associated with?
6 MR. STANLEY: In Jacksonville, we have over
7 30, and we also travel to Charlotte, North
8 Carolina, and we have 17 there. But we have a
9 total of about 40 in the state of Florida.
10 MR. REDMAN: Recently we had the residents
11 at Mount Carmel Nursing Home come to City
12 Council chambers to receive an award that we
13 presented to them. Can you tell me how they got
14 down here?
15 MR. STANLEY: We were in West Virginia and
16 I got a phone call and asked if we would provide
17 the transportation, so we brought them here for
18 the City Council presentation.
19 MR. REDMAN: And those people at Mount
20 Carmel received honor through other parts of the
21 state. Can you tell me what you did after that
22 for them?
23 MR. STANLEY: My wife and I came from West
24 Virginia personally to drive the bus that we
25 brought the people down today and drove them to
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
50
1 Orlando and brought them back for the
2 presentation.
3 MR. REDMAN: How much did you get paid for
4 that?
5 MR. STANLEY: We don't get paid anything.
6 Our services is for the community. Through
7 a sad incident of my wife's parents dying, they
8 left us an inheritance and retirement, and we
9 operate mostly off our retirement. We bought
10 the property with our retirement money. We
11 spent 135,000 on the little nursing home church
12 of our money. And the property has improved so
13 much. The pictures speak for themselves.
14 MR. REDMAN: Thank you, sir.
15 THE CHAIRMAN: Thank you, Mr. Redman.
16 Mr. Jones has a question for you, sir.
17 MR. STANLEY: Yes.
18 MR. JONES: Thank you, Mr. Chairman.
19 Through the Chair to Mr. Stanley.
20 MR. STANLEY: Yes, sir.
21 MR. JONES: I just want to make sure you
22 understand that no one is questioning the work
23 you do --
24 MR. STANLEY: Yes, sir.
25 MR. JONES: -- and the service you
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
51
1 provide. It's a question of location --
2 MR. STANLEY: Yes, sir.
3 MR. JONES: -- and whether this is an
4 appropriate location for the services that you
5 are providing --
6 MR. STANLEY: Yes.
7 MR. JONES: -- which are greatly needed in
8 our community.
9 MR. STANLEY: Yes, sir.
10 MR. JONES: Okay.
11 MR. STANLEY: Could I respond to that?
12 THE CHAIRMAN: Sure. If you can make it
13 short.
14 MR. STANLEY: I don't know if I can
15 emphasize enough that we've been there now since
16 2001 with our buses, and we operated all those
17 years without any anybody -- the neighbors
18 behind us are not here today because they're
19 perfectly happy. The neighbor beside of us is
20 perfectly happy. This just started last year.
21 We've been operating like this, so I know we
22 haven't been bad for the community or the
23 neighborhood.
24 THE CHAIRMAN: Thank you, sir.
25 I think Mr. Jones was trying to get to the
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1 point that we need to keep our comments focused
2 on the rezoning. We've had a lot of speakers
3 coming up and saying how wonderful the work that
4 you do is, and I have no doubt that that's true,
5 but if we could keep our comments focused on the
6 rezoning and the issues surrounding it, we'll be
7 able to come to a decision a lot more quickly.
8 MR. STANLEY: Yes.
9 THE CHAIRMAN: Thank you, sir.
10 The next speaker I have is --
11 MR. REDMAN: Could I ask him one more
12 question?
13 THE CHAIRMAN: Sure. I'm sorry.
14 Mr. Redman, go ahead.
15 MR. REDMAN: The business property
16 surrounding this area, you have a business
17 zoned -- a zoned business property to the south
18 of you, zoned business across the street from
19 you?
20 MR. STANLEY: Yes.
21 MR. REDMAN: And the residents that are
22 here in opposition are -- are they not
23 surrounded by business property?
24 MR. STANLEY: Well, they are closer to
25 business property than to my property because
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1 they're only like 200 feet from University
2 Boulevard. So they can never smell any kind of
3 gas fumes from our property because we're twice
4 as far away from them.
5 MR. REDMAN: Okay. Thank you.
6 THE CHAIRMAN: Thank you, sir.
7 The next speaker is Pastor Mike Whiddon.
8 (Audience member approaches the podium.)
9 THE CHAIRMAN: And it looks like he has a
10 handout.
11 AUDIENCE MEMBER: I don't have a handout.
12 THE CHAIRMAN: Okay. Give your name and
13 address, please.
14 AUDIENCE MEMBER: I'm Pastor Mike Whiddon
15 of Glad Tidings of Jacksonville.
16 I reside in 930 Lake Asbury Drive in
17 Green Cove Springs, Florida, in Clay County.
18 I'm the senior pastor there at the church.
19 First of all, I'd like to say I
20 understand -- I don't want to make long comments
21 because my wife is always telling me that -- in
22 my ministry, that the mind can only absorb what
23 the seat can endure, so we'll try to keep it
24 down. I do want to clarify a point, though.
25 Ms. Nichols talked about the church sending
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1 a registered letter to her from our attorney
2 that asked her to stay off the property. In
3 that letter she was asked to attend any of the
4 services and those kind of things. It was
5 during a service time and when we were in
6 service, and we just wanted her to understand
7 that people moving in and out of the building
8 during service time was not something we would
9 like.
10 So we do want people to come to church. We
11 don't send them letters telling them to stay
12 home, and she was invited.
13 One of the things I want to talk about is
14 the word of God in Psalms, and I don't think
15 anybody has mentioned this. Psalms 1:42 says
16 this, it says, "Look to my right and see no one
17 is concerned for me. I have no refuge, no one
18 cares for my life. I cry to you, oh, Lord, and
19 I say you are my refuge, my portion in the land
20 of the living."
21 I just want to say that when Buck and Nikki
22 bring those buses up, these individuals go
23 through all kinds of depression. They see life
24 very differently than we do. They ask, why
25 should I even try? Testimony before you tonight
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55
1 has shown you that these individuals are
2 destitute in their minds and thinks folks have
3 shown them a way.
4 Well, that's how they feel. And over 3,000
5 years ago they were feeling the same way. So
6 what actually happens is they see that bus and
7 that bus becomes a chariot, an answer to prayer
8 from their God. They see the individuals as
9 angels in that bus coming to get them in a
10 situation where they can worship.
11 I want to tell you as a pastor and a
12 minister of the gospel tonight, it's not only
13 about zoning, it's about doing what is right to
14 help these individuals live productive lives as
15 seniors in our community.
16 Thank you.
17 THE CHAIRMAN: Thank you, sir.
18 The next speaker is -- I'm going to kill
19 this name. Mr. or Ms. Cox.
20 (Audience member approaches the podium.)
21 THE CHAIRMAN: You'll have to tell me how
22 to say that name.
23 AUDIENCE MEMBER: My name is Algerine Cox.
24 I live at 3355 Dorothea Road, Jacksonville,
25 Florida 32216.
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1 THE CHAIRMAN: Thank you, sir.
2 MR. COX: Don't worry about my name. It's
3 never been mispresented [sic] before.
4 But I will be very brief because a lot of
5 my points have been made and I will stick to the
6 things I haven't heard.
7 One thing is -- the size of the lot was
8 mentioned. The lot size is not as important for
9 this type of ministry as it is for like Glad
10 Tidings of Jacksonville, which I'm a board
11 member of. And the reason is we have a lot of
12 cars -- if we have a good service, we've got a
13 big parking lot full. They only have four or
14 five buses parked there when they have a
15 service. They don't have to have pews such as
16 our church does. It's a totally different type
17 service. And a few buses, I don't think, equals
18 any more than a lot of cars would.
19 And the services are very needed, as we've
20 already heard, and you've all heard that enough
21 that I won't be repetitive in that.
22 I have worked with Buck Stanley prior to
23 this. In 1999, I think it was hurricane Floyd
24 came through, and he had more equipment than
25 anybody else in Jacksonville to remove nursing
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1 home patients in that period of time.
2 This is a -- very much of a love ministry.
3 It's very laborious. I remember when I ran
4 those buses, it's not easily loaded and they're
5 not easily unloaded. There's a lot of risk and
6 there's a lot of liability involved. And I've
7 lived in Georgia, Florida, and South Carolina
8 and I've never seen this type of ministry
9 functioning anywhere else. I just think it's a
10 real asset to the community. I would not have
11 any problem if it were located next to my
12 property.
13 Thank you very much.
14 Y'all have a great day.
15 THE CHAIRMAN: Thank you, sir.
16 Next I have is Bill Walton; is that right?
17 (Audience member approaches the podium.)
18 THE CHAIRMAN: And after Mr. Walton is
19 Chris Myers, followed by Doretha Battle.
20 Go ahead, sir.
21 AUDIENCE MEMBER: I am Bill Walton, 85128
22 Wilson Neck Road, Yulee.
23 Those that are opposed to this request have
24 said that they -- and they would create a
25 traffic problem on the street, that the water
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1 pressure would be so low they couldn't even
2 water their lawns, that by having a bus depot
3 there, it would interrupt the peace and
4 tranquility of the neighborhood.
5 They've also said that they didn't even
6 know until recently that they was holding
7 services there when they've been there for --
8 been holding services there for about five or
9 more years. That don't sound like much of an
10 attraction to me. I don't know of anybody --
11 I've never heard of anybody ever being promised
12 isolation.
13 I would say that advancement and
14 improvement of whatever is like a medicine. You
15 would go to your store and have a prescription
16 filled. With that, you would get an explanation
17 sheet about the medicine. And on that sheet
18 there would be a paragraph headed possible side
19 effects. And somewhere in that paragraph you
20 would see a sentence that says, however, the
21 good outweighs the bad or something to that
22 effect.
23 It is my opinion that that is the case with
24 N.B. Ministries, that they -- the good that they
25 do and the good that they accomplish by far
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1 outweighs any part of any kind of negative
2 effect.
3 I feel that way and I sincerely hope that
4 you can see it the same way, and I thank you.
5 THE CHAIRMAN: Thank you, sir.
6 Mr. Myers.
7 (Audience member approaches the podium.)
8 THE CHAIRMAN: After Mr. Myers is Doretha
9 Battle.
10 If you're coming up next, if you can make
11 your way down front so that we don't have a
12 break in between each person.
13 AUDIENCE MEMBER: My name is Chris Myers,
14 2503 College Lane.
15 I've been with N.B. Ministries for eleven
16 years, and I'd just like to say that the buses
17 do not have a negative impact on the
18 neighborhood. Like they've said before, they've
19 been there since 2001. The buses were always
20 mindful of the neighbors. The buses are not ran
21 late at night or early in the morning. They're
22 kept quiet. They -- it's no different than
23 these buses going down Tebassa Road than a JTA
24 bus or a Duval County bus or a dump truck.
25 As they said before, we go out the -- to
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1 the left to Terry instead of Bennett to keep
2 from passing by the residential houses. At the
3 other end of the property, there is doctors'
4 offices right there off of Bennett, parking
5 lots, just several things.
6 But I ask that you consider this, make the
7 right decision because it would devastate these
8 people to lose this, to get to come out of the
9 home and have a joy in their life.
10 THE CHAIRMAN: Thank you, sir.
11 Ms. Battle, followed by Debbie Roettger.
12 (Audience member approaches the podium.)
13 THE CHAIRMAN: You can bring that to one of
14 those side tables if you need to, whatever is
15 most convenient.
16 AUDIENCE MEMBER: My name is Doretha
17 Battle. I'm one of the residents that Buck and
18 Nikki come and pick us up to go to church, and
19 it's such a great thing for me.
20 When I stayed at Heartland on South
21 Jacksonville, University Boulevard, when I
22 realized I had to be there -- I'm a churchgoer,
23 and I was so sad and disappointed that I won't
24 be able to go to church. But when I found out
25 there was a bus service that come to take us to
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1 church, that was very pleasing to me.
2 And I'm -- wish you all would not take that
3 away from us because that is a great thing, not
4 only to me. So many of us in there -- 13, 14,
5 15 of us get together to go to church on Sunday
6 when we know that the bus service will be there
7 to pick us up.
8 Thank you.
9 THE CHAIRMAN: Thank you, Ms. Battle.
10 Ms. Debbie Roettger.
11 (Audience member approaches the podium.)
12 THE CHAIRMAN: If you could give your name
13 and address.
14 AUDIENCE MEMBER: My name is Debbie
15 Roettger. I live at Heartland South,
16 Jacksonville, University Boulevard.
17 And I, too, have really enjoyed going to
18 Buck and Nikki's church. I get a lot out of
19 it. It's been a blessing to me, and I don't
20 know what I'd do without the opportunity to go.
21 And when I first went to Heartland, I was
22 like Ms. Battle, I was really upset because I
23 was afraid that I wouldn't have a church to go
24 to and wouldn't have a church home. And Buck
25 came and introduced himself to me and he was
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1 just like my other pastor. He became my
2 pastor. And he told me about the church and
3 everything, and I started going. And I liked it
4 and enjoyed it and I felt the blessing of God
5 and it was a real opportunity to get out and to
6 serve God. And you're taking this opportunity
7 away from people who otherwise won't have an
8 opportunity to go to church if you vote against
9 us keeping the church open.
10 And so I just hope that you'll keep that in
11 mind.
12 And, too, the buses are used for community
13 services, like we never know when we're going to
14 have another disaster like a hurricane, and Buck
15 and Nikki will reach out to help, and we never
16 know when we're going to need that help. I know
17 my home is one of the homes that evacuates
18 through the buses, Buck and Nikki's buses. So,
19 you know, we depend on them. So I'm thankful
20 that they're there.
21 Thank you.
22 THE CHAIRMAN: Thank you for you time,
23 ma'am.
24 Elizabeth Dreisbach, followed by Henry
25 Myers. And that's our last speaker.
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1 (Audience member approaches the podium.)
2 AUDIENCE MEMBER: Can I start?
3 THE CHAIRMAN: Yes, ma'am.
4 AUDIENCE MEMBER: My name is Elizabeth
5 Dreisbach. I live a Riverwood Nursing Home.
6 And I wouldn't have a church to go to if it
7 wouldn't be for Buck and Nikki. They don't have
8 any services there at our facility. And when
9 Buck and Nikki go north for the summer, we're
10 stuck with no service. So I am so grateful that
11 they are here and that they are giving us church
12 services because I really need to hear the word
13 of God.
14 THE CHAIRMAN: Thank you, ma'am.
15 And our last speaker is Henry Myers.
16 (Audience member approaches the podium.)
17 AUDIENCE MEMBER: Give your name and
18 address, sir.
19 AUDIENCE MEMBER: Yes. My name is Henry
20 Myers. I live 5964 Terry Parker Drive North.
21 I have been affiliated with Pastors Buck
22 and Nikki for, I don't know, probably 12-plus
23 years. I'm the one that checks the oil. That's
24 about all that goes on there. And since all
25 this has started, he has even gone to the point
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1 of being mindful and getting newer, updated
2 buses that has the newer computers, the
3 pollution control stuff on them that -- you
4 know, some of these fumes that have been brought
5 up that -- I don't see how because everything
6 has been up to date. I mean, these are school
7 buses we're using now that Duval County has
8 used. And this is what we're going to try to
9 help resolve some of this problem.
10 That's -- you know, without repeating
11 anything else, we're just -- we're real cautious
12 what we do around there because we don't mean to
13 upset anybody.
14 Thank you.
15 THE CHAIRMAN: Thank you, sir.
16 All right. Seeing no further speakers, I
17 will close that public hearing.
18 Mr. Crofts, could you give us a rundown on
19 the amendment?
20 MR. CROFTS: Be pleased to.
21 It consists of six conditions and two
22 additional conditions that I'll read into the
23 record.
24 Condition number 1, "The development shall
25 be subject to the original legal description
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
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1 dated February 13, 2009."
2 Number 2, "The development shall be subject
3 to the original written description dated
4 February 13, 2009."
5 Number 3, "The development shall be subject
6 to the original site plan dated February 13,
7 2009."
8 Number 4, "The development shall be subject
9 to the review and approval of the Development
10 Services memorandum dated March 3, 2009, or as
11 otherwise approved by the Planning and
12 Development Department."
13 Condition number 5, "Prior to the issuance
14 of a certificate of use, the entire site shall
15 be brought into compliance with Part 12 of the
16 zoning code."
17 Number 6, "The owner shall obtain a
18 conversion of use permit for the existing
19 building proposed for church uses."
20 Two additional conditions that were brought
21 to my attention as a result of further
22 development of this application include the
23 following:
24 Number 7, "No maintenance of buses will be
25 allowed to be performed on the site."
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
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1 And eighth and finally, "Buses will turn
2 right into the property and left out of the
3 property accessing University Boulevard from
4 Terry Road."
5 That's it.
6 THE CHAIRMAN: Thank you, Mr. Crofts.
7 Mr. Redman had a question for you,
8 Mr. Crofts.
9 MR. REDMAN: I just wanted to make sure
10 that you are in favor, you support this
11 rezoning, both the planning and the --
12 MR. CROFTS: Planning Commission.
13 MR. REDMAN: -- Planning Commission?
14 MR. CROFTS: That's correct, sir.
15 Our report recommends approval with
16 conditions. It was dated April 16th. We've
17 listed in that report the criteria for review,
18 consistency with the comp plan, goals of the Jax
19 land development regulations, and cited reasons
20 why it's consistent with that document, as well
21 as concurrency and allocation standards,
22 compatibility and other criteria, external
23 compatibility that we typically review when we
24 consider our recommendations for PUDs.
25 THE CHAIRMAN: All right. Having heard the
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1 amendment, I need a motion and second.
2 MR. JOOST: Move the amendment.
3 MR. REDMAN: Second.
4 THE CHAIRMAN: I have a motion and second
5 on the amendment.
6 All in favor of the amendment signify by
7 saying aye.
8 COMMITTEE MEMBERS: Aye.
9 THE CHAIRMAN: Any opposed?
10 COMMITTEE MEMBERS: (No response.)
11 MR. JOOST: Move the bill as amended.
12 MR. REDMAN: I need to declare ex-parte.
13 THE CHAIRMAN: Yes, that would be good,
14 Mr. Redman.
15 MR. REDMAN: I need to declare ex-parte
16 communication with Janet [sic] Fleet in May of
17 2008 and communications with all the parties
18 that I -- neighborhood association meeting
19 and -- several months ago.
20 Thank you.
21 THE CHAIRMAN: Thank you.
22 All right. The amendment has passed.
23 I need a motion and second on the bill as
24 amended.
25 MR. JONES: Move the bill as amended.
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
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1 THE CHAIRMAN: And a --
2 MR. REDMAN: Second.
3 THE CHAIRMAN: You made the motion.
4 I have a motion and second on the bill as
5 amended.
6 Please open the ballot.
7 (Committee ballot opened.)
8 MR. HOLT: (Votes yea.)
9 MR. JONES: (Votes yea.)
10 DR. GAFFNEY: (Votes yea.)
11 MR. JOOST: (Votes yea.)
12 MR. REDMAN: (Votes yea.)
13 THE CHAIRMAN: Close the ballot and record
14 the vote.
15 (Committee ballot closed.)
16 MS. LAHMEUR: Five yeas, zero nays.
17 THE CHAIRMAN: By your action, you have
18 passed 2009-254.
19 Thank you all for being here tonight.
20 MS. FLEET: Thank you.
21 THE CHAIRMAN: As amended.
22 All right. Item number 6, we will open the
23 public hearing.
24 We have no speakers on that. We'll
25 continue that public hearing and take no further
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
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1 action.
2 Item 7 is deferred, as well as 8.
3 Item 9, we'll open the public hearing.
4 We have no speakers, so we'll continue that
5 public hearing.
6 Item number 10 is deferred, as well as 11
7 and 12.
8 All of page 6. Item 16 and 17 are also
9 deferred.
10 Item number 18, 2009-548. We'll open the
11 public hearing.
12 Seeing no speakers, we'll continue that
13 public hearing and take no further action.
14 Item 19, 2009-625. We will open the public
15 hearing.
16 We have a couple of speakers.
17 Mr. Duggan.
18 (Mr. Duggan approaches the podium.)
19 MR. DUGGAN: Thank you, Mr. Chairman.
20 Wyman Duggan, 1301 Riverplace Boulevard,
21 Suite 1500.
22 I'd like to defer and follow the other
23 speaker.
24 Thank you.
25 THE CHAIRMAN: Okay. Ms. Nolan.
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1 (Audience member approaches the podium.)
2 AUDIENCE MEMBER: Good evening.
3 I'm Susan Nolan, 8464 Allerton Lane,
4 Jacksonville, Florida 32256.
5 I am a lifelong resident of Jacksonville
6 and currently president of the Royal Lakes Civic
7 Association as well as a member of the Southeast
8 Jacksonville CPAC.
9 Our civic association has asked that I
10 speak tonight in that we were -- we received
11 notice on September 2nd of this year about this
12 zoning request that we understand was put
13 before -- or the request was initially made back
14 in July. We are within the 350 foot radius of
15 the proposed change. Why we were so late in
16 receiving it we are questioning.
17 We have not noted any signage on the
18 property relative to this zoning request.
19 Throughout the development of this piece of
20 property -- we have been apprised from the
21 originally-requested development zoning for
22 physicians' offices and a Walgreen's. There was
23 a change to the square footage of the
24 physician's office; we did not oppose. There
25 was a bank site requested; we did not oppose.
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
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1 Then there was a doubling of the parking for the
2 bank; we, again, did not oppose.
3 Now the developer is asking for an
4 Auto Zone; we are opposed.
5 Number one, the planned property usage has
6 continued to grow and grow and grow. It could
7 have been easily stated that they were going to
8 build out every square inch of this. They did
9 not disclose that.
10 The location of this contains no traffic
11 signals, in or out of the establishment. It is
12 at the Baymeadows/Southside intersection, which
13 is listed as one of the -- either the third or
14 fourth most dangerous intersections in the city
15 of Jacksonville.
16 Contact upon receiving the notification --
17 contact was made both to my CPAC and to
18 Councilman Shad's office, which is on the Royal
19 Lakes side. Councilman Graham is on the other
20 side. We were told last Friday or late Thursday
21 afternoon that there would not be a deferral of
22 this, which we asked for.
23 In that short time, we have gotten 86
24 homeowners that have opposed this, one in our
25 neighborhood that was in favor of it.
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1 We think that there is plenty of the
2 property that is in Jacksonville already that's
3 becoming almost blighted that could suffice for
4 this building without adding more congestion
5 into already a terribly congested intersection.
6 There is only one exit to leave this
7 property.
8 Thank you.
9 THE CHAIRMAN: Thank you, ma'am.
10 Any questions for Ms. Nolan?
11 COMMITTEE MEMBERS: (No response.)
12 THE CHAIRMAN: None.
13 I have a question for Mr. Crofts.
14 Could you tell me when -- does anybody know
15 when the CPAC for this area meets?
16 MS. NOLAN: On the 28th.
17 THE CHAIRMAN: Would that be the fourth
18 week of the month, I guess?
19 MR. NOLAN: Yes.
20 THE CHAIRMAN: All right. Thank you.
21 Mr. Duggan.
22 (Mr. Duggan approaches the podium.)
23 MR. DUGGAN: Thank you, Mr. Chairman.
24 Wyman Duggan, 1301 Riverplace Boulevard,
25 Suite 1500.
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1 Much of that information is incorrect, so
2 let me address that.
3 This PUD was originally approved in 2006
4 for four parcels and 28,000 square feet of
5 commercial neighborhood and commercial office
6 uses. The original development plan called for
7 a Walgreen's, two banks with four drive-through
8 lanes each, and a fast-food restaurant.
9 Since that time, we have modified the PUD
10 to reduce the height and total square feet of
11 the signage approved. We also had an
12 administrative deviation to make sure that all
13 the landscaping that was required could be in
14 place, although some of it is technically
15 outside of our property line.
16 And then, in 2008, we did a PUD amendment
17 to increase the total square footage from
18 28,000 square feet to 40,000 square feet, plus
19 or minus. So that could be as low as 36,000 or
20 as high as 44,000.
21 The point I want to make here is that at
22 all times, from the very beginning, we proposed
23 four development parcels. What's been built
24 out? Well, the Walgreen's went in. That was
25 always planned. One of the banks with
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1 drive-throughs was replaced with a medical
2 office use.
3 There will be another bank. One of the two
4 will, in fact, be built. And then instead of a
5 fast-food restaurant, we're proposing an
6 Auto Zone use.
7 I would submit to you the purpose of this
8 PUD is to add the Auto Zone use. That's all
9 we're changing. It wasn't originally listed as
10 a permitted use, and so that's what we're doing
11 here today.
12 But we are not -- we did not serially
13 increase the development rights on this
14 property. It always had the right to do four
15 parcels.
16 The Auto Zone, I would submit to you, is no
17 different from the Walgreen's. It's enclosed,
18 retail activity. There will be no maintenance
19 or service performed on any vehicles. It will
20 essentially be no different than going into a
21 Walgreen's to buy a product, you'll go into the
22 Auto Zone to buy a product.
23 There are fewer trips with this ultimate
24 development plan by the elimination of one of
25 the banks and the fast-food restaurant, fewer
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
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1 trips to the site. We have fair shares to
2 mitigate our impacts.
3 I would say that this project has moved on
4 the normal cycle for applications. I think the
5 Planning Department can confirm that. There
6 have been no deferrals, so everything has moved
7 according to the normal schedule.
8 There was signage in place on the
9 property. I have a photograph of that if you'd
10 like.
11 This site has -- this PUD has been reviewed
12 for traffic operations at least four times for
13 the two fair -- one each for the two fair shares
14 and one each for the two previous PUD
15 amendments.
16 And, in fact, there are two exits from the
17 property, one on Baymeadows and one on
18 Southside. And there has been testimony in the
19 past from traffic operations, as we've developed
20 this site, that the interior road connecting
21 Baymeadows and Southside helps relieve, to a
22 certain extent, the traffic at the intersection.
23 Councilman Graham is in support of this
24 application and has been throughout.
25 Thank you.
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1 THE CHAIRMAN: Thank you.
2 Anybody need to speak to Mr. Duggan or
3 declare an ex-parte?
4 COMMITTEE MEMBERS: (No response.)
5 THE CHAIRMAN: I need to declare ex-parte.
6 I spoke with Mr. Duggan on Friday the 11th
7 about the possibility of a deferral on this item
8 by phone.
9 Okay. Seeing no other speakers, I will
10 close the public hearing.
11 Mr. Crofts, could you give us the
12 amendment, please.
13 MR. CROFTS: Yes, sir.
14 They are as follows:
15 Condition number 1, "The development shall
16 be subject to the original legal description
17 dated July 29, 2009."
18 Number 2, "The development shall be subject
19 to the original written description dated
20 June 29, 2009."
21 Number 3, "The development shall be subject
22 to the original site plan dated July 1st,
23 2009."
24 Fifth and finally, "There shall be no
25 outside display, sales, or storage."
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
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1 That's it.
2 THE CHAIRMAN: Thank you, Mr. Crofts.
3 Are you okay with all of those?
4 MR. DUGGAN: Yes.
5 I would just like to clarify. Mr. Crofts
6 said fifth and finally there shall be no
7 outside -- it's actually now fourth because you
8 deleted the fourth condition at Planning
9 Commission.
10 MR. CROFTS: That's correct. My mistake.
11 I apologize.
12 THE CHAIRMAN: Excellent.
13 MR. DUGGAN: And I would like to make sure
14 that the Office of General Counsel has clarified
15 the real estate parcel number.
16 MS. ELLER: (Nods head.)
17 MR. DUGGAN: Thank you.
18 I'm fine.
19 THE CHAIRMAN: Thank you, Mr. Duggan.
20 We have closed the public hearing and we
21 have heard the amendment.
22 Somebody needs to move the amendment.
23 MR. JONES: Move the amendment.
24 MR. JOOST: Second.
25 THE CHAIRMAN: Motion and second on the
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
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1 amendment.
2 Seeing no speakers, all in favor of the
3 amendment signify by saying aye.
4 COMMITTEE MEMBERS: Aye.
5 THE CHAIRMAN: Any opposed?
6 MR. JOOST: Move the bill as amended.
7 MR. DAVIS: Second.
8 THE CHAIRMAN: I have a motion and second
9 on the bill as amended.
10 Please open the ballot.
11 (Committee ballot opened.)
12 MR. HOLT: (Votes yea.)
13 MR. JONES: (Votes yea.)
14 MR. DAVIS: (Votes yea.)
15 DR. GAFFNEY: (Votes yea.)
16 MR. JOOST: (Votes yea.)
17 MR. REDMAN: (Votes yea.)
18 THE CHAIRMAN: Close the ballot and record
19 the vote.
20 (Committee ballot closed.)
21 MS. LAHMEUR: Six yeas, zero nays.
22 THE CHAIRMAN: By your action, you have
23 approved 2009-625.
24 MR. DUGGAN: Thank you very much.
25 THE CHAIRMAN: Thank you both for coming
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
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1 down.
2 Item number 20, 2009-626. We will open the
3 public hearing.
4 (Inaudible discussion.)
5 THE CHAIRMAN: I'm sorry. We sure did. We
6 sure did, and I didn't mark it off. That's my
7 fault.
8 Okay. So going to item 21, open the public
9 hearing.
10 Continue the public hearing and take no
11 further action.
12 2009-650. Open the public hearing.
13 No speakers. We will close the public
14 hearing.
15 We need a notion on the bill.
16 MR. JONES: Move the bill.
17 MR. REDMAN: Second.
18 THE CHAIRMAN: A motion and second on
19 2009-650.
20 Please open the ballot.
21 (Committee ballot opened.)
22 MR. HOLT: (Votes yea.)
23 MR. JONES: (Votes yea.)
24 MR. DAVIS: (Votes yea.)
25 DR. GAFFNEY: (Votes yea.)
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1 MR. JOOST: (Votes yea.)
2 MR. REDMAN: (Votes yea.)
3 THE CHAIRMAN: Close the ballot and record
4 the vote.
5 (Committee ballot closed.)
6 MS. LAHMEUR: Six yeas, zero nays.
7 THE CHAIRMAN: By your action, you have
8 approved 2009-650.
9 Page 9. Items 23, 24, 25, 26, all
10 deferred.
11 All of page 10, deferred. All of page 11,
12 deferred. All of page 12, deferred. Item 38
13 deferred. We have already handled 39. 40 and
14 41, deferred. 42, read and second. 43, read
15 second.
16 We are done unless somebody can bring
17 something to my attention.
18 COMMITTEE MEMBERS: (No response.)
19 THE CHAIRMAN: All right. You all have a
20 wonderful night.
21 (The above proceedings were adjourned at
22 6:26 p.m.)
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Diane M.
Tropia,
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1 C E R T I F I C A T E
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3 STATE OF FLORIDA:
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 19th day of September, 2009.
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14 Diane M. Tropia
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Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203