1 CITY OF
2 LAND USE AND ZONING
3 COMMITTEE
4
5
6 Proceedings held on Tuesday, September 1,
7 2009, commencing at 5:00 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.
17
ALSO PRESENT:
18
JOHN CRESCIMBENI, City Council Member.
19 JOHN CROFTS, Deputy Director, Planning Dept.
SEAN KELLY, Chief, Current Planning.
20 FOLKS HUXFORD, Zoning Administrator.
21 MERRIANE LAHMEUR, Legislative Assistant.
22 - - -
23
24
25
Diane M. Tropia,
2
1 P R O C E E D I N G S
2 September 1, 2009 5:00 p.m.
3 - - -
4 THE CHAIRMAN: Let's go around the horn and
5 introduce ourselves, starting with Mr. Crofts.
6 MR. CROFTS: John Crofts, representing the
7 Planning and Development Department.
8 MR. KELLY: Sean Kelly, Planning and
9 Development.
10 MR. HUXFORD: Folks Huxford, Planning and
11 Development.
12 MS. ELLER: Shannon Eller, General
13 Counsel's Office.
14 MR. DAVIS: Daniel Davis.
15 MR. BROWN: Reginald Brown.
16 DR. GAFFNEY: Councilman Gaffney.
17 THE CHAIRMAN: Ray Holt, District 11.
18 MR. JONES: Warren Jones, District 9.
19 MR. JOOST: Stephen Joost, Group 3
20 at-large.
21 MR. REDMAN: Don Redman, District 4.
22 THE CHAIRMAN: Excellent.
23 We are going to go for a record time
24 tonight, so -- we have a short agenda.
25 Mr. Joost can just watch and learn how to
Diane M.
Tropia,
3
1 move a meeting a little quicker.
2 Well, he might get back at us and have us
3 here on Saturday.
4 All right. Items 1, 2, and 3 on page 2 are
5 all deferred.
6 Item 4, 2009-252. We'll open that public
7 hearing.
8 No speakers, continue that public hearing
9 to 10/6.
10 Item 5, 2009-254, is deferred.
11 Items 6 and 7, 2009-287 and -88. We'll
12 open the public hearing.
13 Ms. Vanessa Price.
14 (Audience member approaches the podium.)
15 THE CHAIRMAN: Are you just here for
16 questions?
17 AUDIENCE MEMBER: I am.
18 THE CHAIRMAN: All right. And any
19 questions for Ms. Price?
20 COMMITTEE MEMBERS: (No response.)
21 THE CHAIRMAN: None. All right.
22 Danny Ferreira.
23 (Audience member approaches the podium.)
24 THE CHAIRMAN: I'm sorry, Danny. This
25 is -- we'll get back to you on -401.
Diane M.
Tropia,
4
1 All right. Seeing no other speakers, we
2 will -- where are we? -288. We will close the
3 public hearing, and -- do I have a motion to
4 move the bill?
5 MR. JONES: So moved.
6 MR. JOOST: Second.
7 THE CHAIRMAN: We have a motion and second
8 on -287.
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 DR. GAFFNEY: (Votes yea.)
16 MR. JOOST: (Votes yea.)
17 MR. REDMAN: (Votes yea.)
18 (Committee ballot closed.)
19 THE CHAIRMAN: Close the ballot and record
20 the vote.
21 MS. LAHMEUR: Seven yeas, zero nays.
22 THE CHAIRMAN: By your action, you have
23 passed -287.
24 2009-288. A motion.
25 MR. JONES: (Inaudible.)
Diane M.
Tropia,
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1 THE CHAIRMAN: We've already opened and
2 closed them both.
3 MR. JOOST: Move the bill.
4 MR. JONES: Second.
5 THE CHAIRMAN: I have a motion and second
6 on -288.
7 Seeing no speakers, please open the ballot.
8 (Committee ballot opened.)
9 MR. HOLT: (Votes yea.)
10 MR. JONES: (Votes yea.)
11 MR. BROWN: (Votes yea.)
12 MR. DAVIS: (Votes yea.)
13 DR. GAFFNEY: (Votes yea.)
14 MR. JOOST: (Votes yea.)
15 MR. REDMAN: (Votes yea.)
16 (Committee ballot closed.)
17 THE CHAIRMAN: Close the ballot and record
18 the vote.
19 MS. LAHMEUR: Seven yeas, zero nays.
20 THE CHAIRMAN: By your action, you have
21 passed 2009-288.
22 On 2009-350, we will open the public
23 hearing.
24 Seeing no speakers, we will continue that
25 public hearing, take no further action.
Diane M.
Tropia,
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1 2009-401. We will open the public hearing.
2 Now Mr. Ferreira.
3 (Audience member approaches the podium.)
4 THE CHAIRMAN: Sorry to jump the gun there
5 on you.
6 AUDIENCE MEMBER: I'm here again in respect
7 towards 2009-401, trying to issue [sic] with the
8 ordinance that we have in place that's
9 well-written and was approved in public response
10 for a good period of time to protect the public
11 right-of-way from public -- from private
12 business advertising and creating a visual issue
13 that I think would be obvious if you could
14 imagine or have been in other cities -- which I
15 just got back from
16 that that in itself shows a lot of visual that I
17 would not want to see here in
18 The signage along the transit stations
19 throughout the downtown area, especially in
20 respect towards our city, I believe that it's
21 worked well, the ordinance is well-written. I
22 don't understand changing it and wish that this
23 could be withdrawn. I know it was started by
24 the administration back in '05 under a previous
25 ordinance bill and was denied by Planning in
Diane M.
Tropia,
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1 committee, and now it's back. And as it drew to
2 my attention, it's the only issue that I take
3 with the City in respect towards its effort to
4 do things that I believe is disrespectful for
5 the public representation that you're in a
6 position to do.
7 This passed by a previous legislation and
8 the public trust was placed on this ordinance,
9 that it would be enacted, it would be adhered to
10 by business, and there would be no intrusion or
11 effort to change the public right-of-way and put
12 business advertisement throughout this city in
13 any manner, especially on the pretense of -- of
14 bringing about more transit stations.
15 I believe it's a bad change, a bad idea,
16 and, to me, it should go back to the voters. If
17 anything is to change, it should be the people,
18 not this council in respect towards an ordinance
19 like this change.
20 Thank you.
21 THE CHAIRMAN: Thank you, Mr. Ferreira.
22 Could you hold on just a second for a
23 question from Mr. Jones?
24 AUDIENCE MEMBER: Yes.
25 MR. JONES: Thank you, Mr. Chairman.
Diane M.
Tropia,
8
1 Through the Chair to Mr. Ferreira. One,
2 how do you propose that we pay for increased
3 shelters? And, two, did the referendum ban all
4 signs or did it allow for exemptions?
5 And I'll just leave it at that.
6 Thank you.
7 AUDIENCE MEMBER: Well, I'm not a
8 practicing attorney, but I do understand that
9 the ordinance is probably a well-written
10 ordinance because I know there was a lot of
11 effort at the time to -- to make
12 different, and kind of a -- you know, an effort
13 to create a beautification, a clean city, a
14 clean appearance of a city.
15 Now, as far as transit money, I know
16 there's plenty -- more money is probably coming
17 from the federal level for transit betterment or
18 improvement, and our -- our retailers in places
19 like
20 sheltered areas that are, you know, quite
21 attractive, and I believe publicly we should
22 include coverage areas like that throughout our
23 city, at our transit areas, as well as our
24 public parks and such, but allowing -- no, I
25 don't think there's any lack of money for JTA to
Diane M.
Tropia,
9
1 embetter [sic] our stations, our transit
2 stations -- shelters, like transit shelters. We
3 can pay for them out of public funds or out of
4 federal matching funds.
5 MR. JONES: Well, I guess I'll introduce a
6 bill, then, to take money out of the council
7 reserve to pay for the shelters and then the
8 maintenance because that's what you're talking
9 about. You're talking about a 10- to $15,000
10 cost for each shelter, plus a $1,200 annual cost
11 to maintain those shelters. That's a lot of --
12 that's quite a bit of --
13 AUDIENCE MEMBER: We've been doing it for
14 quite a few years. And as our transit system
15 improves, I believe we could gradually create
16 very attractive transit shelters out of our
17 budget.
18 THE CHAIRMAN: Thank you, Mr. Ferreira.
19 That brings us -- we will continue that
20 public hearing and take no further action.
21 Number 10 is deferred. That's kind of a
22 similar bill. We're going to hang off on that
23 one until we have dealt with -401.
24 Item 11, 2009-429. We will open the public
25 hearing.
Diane M.
Tropia,
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1 No speakers. We will continue that public
2 hearing, take no further action.
3 2009-444 is deferred.
4 2009-494. We will open the public hearing.
5 Do we have any speakers, Merriane?
6 MS. LAHMEUR: No.
7 THE CHAIRMAN: No speakers.
8 We will close that public hearing.
9 MR. JOOST: Move the bill.
10 DR. GAFFNEY: Second.
11 THE CHAIRMAN: We have a motion and second
12 on 2009-494.
13 Please open the ballot.
14 (Committee ballot opened.)
15 MR. HOLT: (Votes yea.)
16 MR. JONES: (Votes yea.)
17 MR. BROWN: (Votes yea.)
18 MR. DAVIS: (Votes yea.)
19 DR. GAFFNEY: (Votes yea.)
20 MR. JOOST: (Votes yea.)
21 MR. REDMAN: (Votes yea.)
22 (Committee ballot closed.)
23 THE CHAIRMAN: Close the ballot and record
24 the vote.
25 MS. LAHMEUR: Seven yeas, zero nays.
Diane M.
Tropia,
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1 THE CHAIRMAN: By your action, you have
2 approved 2009-494.
3 Number 14 is deferred, as well as 15 and
4 16.
5 Number 17, 2009- -- I'm sorry, do you
6 have --
7 MR. BROWN: (Inaudible.)
8 THE CHAIRMAN: On 17?
9 MR. BROWN: (Inaudible.)
10 THE CHAIRMAN: Okay. 2009-518. Let's open
11 that public hearing, and I believe Mr. Brown
12 needs to declare an ex-parte --
13 MR. BROWN: Yes. I need to declare an
14 ex-parte on or about August 28th. I had a
15 meeting with Ms. Hipps and Dr. Gouch regarding
16 this, and neighbors -- concerned neighbors
17 regarding this particular bill.
18 Thank you.
19 THE CHAIRMAN: Okay. Thank you, Mr. Brown.
20 Anybody else need to declare an ex-parte?
21 COMMITTEE MEMBERS: (No response.)
22 THE CHAIRMAN: If not, we have Ms.
23 Hipps.
24 (Ms. Hipps approaches the podium.)
25 THE CHAIRMAN: Are you here just for
Diane M.
Tropia,
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1 questions only or did you need to address
2 something?
3 MS. HIPPS: Thank you, Mr. Chairman.
4 I am -- and to just clarify the
5 conditions -- we're all in agreement with the
6 conditions, but I'd just like those to be read
7 in the record.
8 THE CHAIRMAN: Okay. Let's see.
9 Let's go ahead and close the public
10 hearing. And then, Mr. Crofts, you can give us
11 the -- we'll close that public hearing.
12 Mr. Crofts, can you read the amendment,
13 please?
14 MR. CROFTS: Be glad to.
15 There are four conditions and they are as
16 follows:
17 "The development shall be subject to the
18 revised legal description dated August 25th,
19 2009."
20 Number 2, "The development shall be subject
21 to the revised written description dated August
22 25th, 2009."
23 Number 3, "The development shall be subject
24 to the revised site plan dated August 25th,
25 2009."
Diane M.
Tropia,
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1 Fourth and finally, "If there's any
2 inconsistency between the written description
3 and the site plan for Part 6 requirements, the
4 site plan shall prevail."
5 That's the amendment.
6 THE CHAIRMAN: Ms. Hipps, are you okay with
7 all those conditions?
8 MS. HIPPS: Yes, I am.
9 And then I think there was a technical
10 amendment correcting the name of the street
11 throughout. There had been some concern that it
12 should be
13 wanted to make sure that it was
14 throughout.
15 THE CHAIRMAN: Is that part of it,
16 Mr. Crofts, Mr. Kelly? Is that all consistent?
17 MR. KELLY: Yes, that's -- that's been
18 done.
19 THE CHAIRMAN: Excellent.
20 All right. I need somebody to move that
21 amendment, please.
22 MR. JOOST: Move the amendment.
23 MR. REDMAN: Second.
24 THE CHAIRMAN: We have a motion and a
25 second on the amendment.
Diane M.
Tropia,
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1 All in favor signify by saying aye.
2 COMMITTEE MEMBERS: Aye.
3 THE CHAIRMAN: None opposed.
4 MR. JOOST: Move the bill as amended.
5 MR. JONES: Second.
6 THE CHAIRMAN: I have a motion and second
7 on the bill as amended.
8 Please open the ballot.
9 (Committee ballot opened.)
10 MR. HOLT: (Votes yea.)
11 MR. JONES: (Votes yea.)
12 MR. BROWN: (Votes yea.)
13 MR. DAVIS: (Votes yea.)
14 DR. GAFFNEY: (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: Seven yeas, zero nays.
21 THE CHAIRMAN: By your action, you have
22 approved 2009-518.
23 2009-519. We'll open the public hearing.
24 I have Mr. Joseph -- is it Devine?
25 (Audience member approaches the podium.)
Diane M.
Tropia,
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1 AUDIENCE MEMBER: Dennis.
2 THE CHAIRMAN: Welcome.
3 If you could give your name and address for
4 the record, please.
5 AUDIENCE MEMBER: Joseph Dennis, with
6 Anchor Sign,
7
8 And -- sorry.
9 THE CHAIRMAN: Go ahead. You have three
10 minutes.
11 MR. DENNIS: Okay. I do notice that the
12 proposal was approved by staff, and I'm here
13 just to answer questions --
14 THE CHAIRMAN: Okay.
15 MR. DENNIS: -- if there are any.
16 THE CHAIRMAN: Well, thank you for coming
17 down, sir.
18 I don't have any other speakers, so we will
19 close that public hearing.
20 I need a -- someone to move to either grant
21 the waiver or deny the waiver.
22 I'm sorry, Mr. Joost.
23 MR. JOOST: Can we hear from the Planning
24 Department?
25 MR. KELLY: Thank you.
Diane M.
Tropia,
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1 Through the Chair, this is an application
2 for a sign waiver to reduce the required minimum
3 distance between two signs for a CVS located on
4 the corner of
5 Road.
6 Both of the signs are existing and have
7 been in place for a number of years. There's an
8 outstanding permit that was unable to be closed
9 out when they modified one of the signs due to
10 a -- putting a changing message device, I guess,
11 onto one of the signs as an addition, and this
12 request -- that was on the existing structure
13 itself, so this request -- just for purposes
14 [sic], will legitimize the existing signage
15 that's there today. It's a 30-foot reduction
16 from 200 feet to 170 feet.
17 The department found that it met the
18 criteria and met -- actually relocating it
19 another 30 feet away would actually move it
20 closer to residential properties further south,
21 so we were in support as is.
22 THE CHAIRMAN: Excellent.
23 Anybody else?
24 COMMITTEE MEMBERS: (No response.)
25 THE CHAIRMAN: All right. So we have a
Diane M.
Tropia,
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1 Planning Department recommendation of approval.
2 I need somebody to move --
3 MR. JOOST: Move the amendment.
4 DR. GAFFNEY: Second.
5 THE CHAIRMAN: Move to grant?
6 MR. JOOST: Yeah.
7 THE CHAIRMAN: We have a motion and second
8 to grant the waiver.
9 Seeing no speakers -- do we do this on --
10 we need to open the ballot.
11 MR. JOOST: Don't you have to move the
12 amendment first?
13 THE CHAIRMAN: I'm sorry. We need to move
14 the amendment to grant the waiver.
15 All in favor signify by saying aye.
16 COMMITTEE MEMBERS: Aye.
17 THE CHAIRMAN: Any opposed?
18 COMMITTEE MEMBERS: (No response.)
19 MR. DAVIS: Move the bill to grant the
20 waiver.
21 DR. GAFFNEY: Second.
22 THE CHAIRMAN: We have a motion and second
23 to move the bill to grant the waiver.
24 Please open the ballot.
25 (Committee ballot opened.)
Diane M.
Tropia,
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1 MR. HOLT: (Votes yea.)
2 MR. JONES: (Votes yea.)
3 MR. BROWN: (Votes yea.)
4 MR. DAVIS: (Votes yea.)
5 DR. GAFFNEY: (Votes yea.)
6 MR. JOOST: (Votes yea.)
7 MR. REDMAN: (Votes yea.)
8 (Committee ballot closed.)
9 THE CHAIRMAN: Close the ballot and record
10 the vote
11 MS. LAHMEUR: Seven yeas, zero nays.
12 THE CHAIRMAN: By your action, you have
13 moved the bill as amended to grant the waiver.
14 Thank you, sir.
15 MR. DENNIS: Thank you.
16 THE CHAIRMAN: All right. Item 19,
17 2009-520.
18 MR. JOOST: Move the bill.
19 MR. JONES: Second.
20 THE CHAIRMAN: We will open the public
21 hearing. We have a Shelli Branch.
22 Ms. Branch.
23 (Audience member approaches the podium.)
24 THE CHAIRMAN: She's got a note here, will
25 stand by for questions only.
Diane M.
Tropia,
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1 Any questions for Ms. Branch?
2 COMMITTEE MEMBERS: (No response.)
3 THE CHAIRMAN: Seeing none, we will close
4 the public hearing.
5 MR. JOOST: Move the bill.
6 MR. DAVIS: Second.
7 THE CHAIRMAN: I have a motion and second
8 on 2009-520.
9 Mr. Davis.
10 MR. DAVIS: Yes. I met with Ms. Branch,
11 and we had a good conversation.
12 I wanted to find out if -- are there any
13 conditions on this? I think that she was going
14 to contact the Planning Department and maybe
15 talk to Folks. I didn't know if that
16 opportunity was --
17 MR. HUXFORD: No.
18 MR. DAVIS: No?
19 Do you mind if Ms. Branch can come up?
20 THE CHAIRMAN: Do you want to table this
21 for a little bit?
22 MR. DAVIS: No.
23 THE CHAIRMAN: Okay.
24 MR. DAVIS: I think we can get through it.
25 I just -- if it's okay, it will only take a
Diane M.
Tropia,
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1 couple of minutes.
2 THE CHAIRMAN: No problem.
3 MR. DAVIS: One concern I had, Mr. Huxford,
4 is -- I know there are certain situations where
5 we only -- we don't allow only certain things
6 that might not be compatible. There are some
7 residential areas around this by exception only,
8 and I didn't know if we could add that into the
9 language. I didn't think she had a problem with
10 it yesterday when we met.
11 AUDIENCE MEMBER: No, sir.
12 MR. DAVIS: Okay.
13 AUDIENCE MEMBER: We currently have 8-foot
14 fencing around three sides of this property. I
15 know that you were concerned about it --
16 MR. DAVIS: Okay. Yeah, I wanted -- the
17 other thing I was going to say was make sure
18 that the buffer -- the appropriate buffer was
19 between the residential piece next to it, but --
20 Folks, could you maybe bring me up to speed
21 on some of the things that we've done in the
22 past in my district where only certain --
23 certain things that might be a problem in -- in
24 these changes, how we could make them by
25 exception only?
Diane M.
Tropia,
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1 MR. HUXFORD: Through the Chair, the CCG-1
2 zoning district allows a menu of uses, and all
3 of the permitted uses are granted and the ones
4 by exception are only by exception through
5 Planning Commission.
6 You can't put a condition on this
7 particular type of ordinance. However, any
8 commercial development that occurs on this site
9 would have to meet the perimeter landscape
10 requirement of 10 feet around the perimeter
11 where the residential areas are to the north and
12 to the east. Also, there would be a 15-foot
13 setback for all structures.
14 As far as any specific uses that the
15 committee was considering controlling, in
16 the -- in the absence of a PUD, I don't know how
17 we could do that.
18 MR. DAVIS: I know that in the past we've
19 done that with certain rezonings.
20 Maybe I should meet with you all in the
21 Green Room real quick just so we're not bringing
22 it on the floor, but -- I know I have another
23 one coming up too, so if -- you've got some
24 other ones to go through, Mr. Chairman. Do you
25 mind maybe skipping mine and let me come back in
Diane M.
Tropia,
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1 about five minutes?
2 THE CHAIRMAN: What was the other one that
3 you had --
4 MR. DAVIS: Item 20.
5 THE CHAIRMAN: -- that you didn't want to
6 miss?
7 Okay. We'll skip --
8 MR. DAVIS: I've got item 20 -- 19, 20 --
9 THE CHAIRMAN: Well, those are together.
10 MR. DAVIS: And there's one that had --
11 THE CHAIRMAN: Was it -524 and -525?
12 MR. DAVIS: Yeah, -524 and -525.
13 THE CHAIRMAN: All right. We'll come back
14 to those later so that you're not --
15 MR. DAVIS: Okay.
16 THE CHAIRMAN: -- so that you're here when
17 we go to that one.
18 MR. DAVIS: I'll be right back.
19 THE CHAIRMAN: All right. We'll put that
20 item on the table for right now, as well as
21 2009-521.
22 Let's go ahead and move item 21, and let's
23 open the public hearing for 2009-522 and -523.
24 (Mr. Mann approaches the podium.)
25 MR. MANN: Charles Mann, 165
Diane M.
Tropia,
23
1 Road, representing the landowner.
2 THE CHAIRMAN: Thank you, Mr. Mann.
3 You're here for questions only or --
4 MR. MANN: Mr. Chairman, just for one
5 second, I need to ask the staff to be sure that
6 we have a clarification.
7 We revised the setbacks on the side and the
8 rear and we sent in a revised form to this, and
9 I just want to be sure that staff received --
10 and I'm being told by Ms. Eller that they have,
11 so we're cool.
12 We'll stand by for questions only.
13 THE CHAIRMAN: All right. Well, we'll read
14 them in -- have Mr. Crofts read the amendment
15 out and make sure that everything is all correct
16 with that and you're okay with it. Let me get
17 through the public hearing first.
18 We'll close that public hearing and --
19 MR. JOOST: Move the bill.
20 THE CHAIRMAN: Let's move -522.
21 I have a motion --
22 DR. GAFFNEY: Second.
23 THE CHAIRMAN: -- and a second.
24 Mr. Jones.
25 MR. JONES: Thank you, Mr. Chairman.
Diane M.
Tropia,
24
1 Through the Chair to Mr. Mann, they're --
2 they're already -- oh, I see on the rezoning --
3 they're already at this existing location, is
4 it? They're just expanding there?
5 MR. MANN: That is correct, Mr. Jones.
6 This is just an expansion of Sargent's
7 seat covers, which has been there since you and
8 I were both kids.
9 MR. JONES: I don't know about me, but --
10 Okay, yeah. And with the down economy, I
11 guess they're doing pretty good business right
12 now.
13 MR. MANN: Yes, sir.
14 MR. JONES: Okay. Thank you.
15 THE CHAIRMAN: All right. Thank you,
16 Mr. Jones.
17 We have a motion and second on -522.
18 Seeing no further speakers, please open the
19 ballot.
20 (Committee ballot opened.)
21 MR. HOLT: (Votes yea.)
22 MR. JONES: (Votes yea.)
23 MR. BROWN: (Votes yea.)
24 DR. GAFFNEY: (Votes yea.)
25 MR. JOOST: (Votes yea.)
Diane M.
Tropia,
25
1 MR. REDMAN: (Votes yea.)
2 (Committee ballot closed.)
3 THE CHAIRMAN: Close the ballot and record
4 the vote.
5 MS. LAHMEUR: Six yeas, zero nays.
6 THE CHAIRMAN: By your action, you have
7 approved the land use, 2009-522.
8 Now we have 2009-523.
9 Mr. Crofts, could you read the amendment
10 out to Mr. Mann, make sure he's --
11 MR. CROFTS: Be glad.
12 THE CHAIRMAN: -- in agreement?
13 MR. CROFTS: Through the Chair and -- to
14 the Chair and to the committee, there are five
15 conditions and they are as follows:
16 "The development shall be subject to the
17 original legal description dated June 1st,
18 2009."
19 Number 2, "The development shall be subject
20 to the revised written description dated
21 August 28th, 2009."
22 Number 3, "The development shall be subject
23 to the original site plan dated June 1st, 2009."
24 Number 4, "The development shall be subject
25 to the review and approval of the Development
Diane M.
Tropia,
26
1 Services memorandum dated July 13th, 2009, or as
2 otherwise approved by the Planning and
3 Development Department."
4 Fifth and finally, "The developer shall
5 submit at the time of verification of
6 substantial compliance a lighting plan,
7 including fixture types and footcandle
8 illumination, for the review and approval of the
9 Planning and Development Department."
10 That's it.
11 MR. MANN: Mr. Chairman, we're in agreement
12 to that.
13 THE CHAIRMAN: Excellent.
14 I need somebody to move that amendment.
15 MR. JOOST: Move the amendment.
16 DR. GAFFNEY: Second.
17 THE CHAIRMAN: I have a motion and second
18 on the amendment on 2009-523.
19 All in favor signify by saying aye.
20 COMMITTEE MEMBERS: Aye.
21 THE CHAIRMAN: Any opposed?
22 COMMITTEE MEMBERS: (No response.)
23 THE CHAIRMAN: By your action, you have
24 approved the amendment for -523.
25 MR. JOOST: Move the bill as amended.
Diane M.
Tropia,
27
1 MR. JONES: Second.
2 THE CHAIRMAN: I have a motion and second
3 on the bill as amended, on 2009-523.
4 Please open the ballot.
5 (Committee ballot opened.)
6 MR. HOLT: (Votes yea.)
7 MR. JONES: (Votes yea.)
8 MR. BROWN: (Votes yea.)
9 MR. DAVIS: (Votes yea.)
10 DR. GAFFNEY: (Votes yea.)
11 MR. JOOST: (Votes yea.)
12 MR. REDMAN: (Votes yea.)
13 (Committee ballot closed.)
14 THE CHAIRMAN: Close the ballot and record
15 the vote.
16 MS. LAHMEUR: Seven yeas, zero nays.
17 THE CHAIRMAN: By your action, you have
18 approved 2009-523.
19 MR. MANN: Mr. Chairman, committee, thank
20 you very much.
21 THE CHAIRMAN: Thank you, sir.
22 Mr. Davis, are you ready to go back to that
23 other --
24 MR. DAVIS: Yes, sir.
25 THE CHAIRMAN: All right. I don't know
Diane M.
Tropia,
28
1 where I left this, but let's go ahead and just
2 reopen the public hearing on -520 and -521, get
3 them both at the same time.
4 All right. Do we have anybody that needs
5 to speak to the --
6 MR. DAVIS: (Inaudible.)
7 THE CHAIRMAN: -- to Ms. Branch?
8 All right. Well, seeing no speakers, we'll
9 close those public hearings.
10 MR. JOOST: Move -520.
11 MR. DAVIS: Second.
12 THE CHAIRMAN: A motion and second on -520.
13 No speakers. Please open the ballot.
14 (Committee ballot opened.)
15 MR. HOLT: (Votes yea.)
16 MR. JONES: (Votes yea.)
17 MR. BROWN: (Votes yea.)
18 MR. DAVIS: (Votes yea.)
19 DR. GAFFNEY: (Votes yea.)
20 MR. JOOST: (Votes yea.)
21 MR. REDMAN: (Votes yea.)
22 (Committee ballot closed.)
23 THE CHAIRMAN: Close the ballot and record
24 the vote.
25 MS. LAHMEUR: Seven yeas, zero nays.
Diane M.
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1 THE CHAIRMAN: By your action, you have
2 approved -520.
3 MR. JOOST: Move -521.
4 MR. DAVIS: Second.
5 THE CHAIRMAN: We have a motion and second
6 on 2009-521.
7 No speakers. Please open the ballot.
8 (Committee ballot opened.)
9 MR. HOLT: (Votes yea.)
10 MR. JONES: (Votes yea.)
11 MR. BROWN: (Votes yea.)
12 MR. DAVIS: (Votes yea.)
13 DR. GAFFNEY: (Votes yea.)
14 MR. JOOST: (Votes yea.)
15 MR. REDMAN: (Votes yea.)
16 (Committee ballot closed.)
17 THE CHAIRMAN: Close the ballot and record
18 the vote.
19 MS. LAHMEUR: Seven yeas, zero nays.
20 THE CHAIRMAN: By your action, you have
21 approved 2009-521.
22 Thank you for coming down, ma'am.
23 All right. Let's see. We've already done
24 -21, -22.
25 Let's go on to item 23, 2009-524. Let's
Diane M.
Tropia,
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1 open the public hearing.
2 Okay. We've opened the public hearing on
3 -524 and -525.
4 Let's see. We have Mr. Herzberg here.
5 (Mr. Herzberg approaches the podium.)
6 THE CHAIRMAN: Did you want to just --
7 there's no amendment on this.
8 Are you here for questions only?
9 MR. HERZBERG: Unfortunately, Mr. Chairman,
10 I do have a recommendation of denial, or at
11 least I did last -- last I had looked. I do
12 know the Planning Commission supported the
13 application.
14 THE CHAIRMAN: All right. So maybe we
15 should hear from the Planning Department, if
16 anybody wants to ask them --
17 MR. DAVIS: (Inaudible.)
18 THE CHAIRMAN: Okay. Did you want to ask
19 Mr. Herzberg some questions?
20 MR. DAVIS: Yes.
21 THE CHAIRMAN: Okay. Go ahead, sir.
22 MR. DAVIS: To the committee, I did have an
23 opportunity to meet with Mr. Herzberg. There
24 was some confusion on this because I believe
25 they had it listed in District 10 for a while,
Diane M.
Tropia,
31
1 but it's really in my City Council district, so
2 I was brought up to speed pretty quick on the
3 deal.
4 I guess -- Mr. Herzberg, there was some
5 concern about the time line of what has
6 happened, why this has taken so long. Could you
7 explain that to me again and to the committee?
8 MR. HERZBERG: Through the Chair, yes, sir.
9 Typically, a small scale land use
10 amendment, as most of you are aware, is about a
11 three-month or four-month process.
12 The applicant in this case has been out in
13 front of, quote-unquote, the proposed DOT taking
14 on this property by a considerable distance. As
15 a matter of fact, the applicant was actually
16 working on filing this at the end of last year.
17 He filed at the beginning of this year, and he's
18 still, eight months later, in the process, still
19 awaiting an approval.
20 Again, I would show you -- and I have a
21 copy of the most recent version that the
22 Planning Department publishes of the schedules
23 for public hearings.
24 A semiannual land use amendment is normally
25 completed in about nine months. A semiannual
Diane M.
Tropia,
32
1 requires transmittal to DCA, requires numerous
2 additional hearings. Again, a three-month time
3 line is typical. Nine months is where we are.
4 I do have a copy that I'd be happy to
5 provide of the actual time line and a -- kind of
6 a discussion of that.
7 And that's kind of, I think, what has led
8 to, you know, the department being in opposition
9 to this, is just the amount of time, the time
10 that DOT has now utilized to be in a -- take on
11 the property.
12 MR. DAVIS: Could you submit that for the
13 record, the time line? Because I got it via
14 e-mail the other day, but I'd like to --
15 MR. HERZBERG: Yes.
16 MR. DAVIS: The other thing I would like to
17 ask you is -- you know, I -- this area,
18 obviously, is going to be a very -- I think a
19 good opportunity for some of these people
20 because this is where the new
21 interchange is going to be.
22 I would be more comfortable in this
23 situation if this were some type of commercial
24 use and -- really, to be honest with you, light
25 industrial is not -- I don't have super
Diane M.
Tropia,
33
1 heartburn with it. I just think it would be
2 better utilized as a commercial site. It's
3 probably going to end up being a gas station at
4 some point or a -- some type of convenience
5 store.
6 So I guess my question to you is, does your
7 client have a problem with maybe adjusting this
8 to more of a commercial site than industrial --
9 light industrial?
10 MR. HERZBERG: Through the Chair,
11 Councilman, the property owner is here tonight,
12 Mr. Tommy Harper, and I've asked him that
13 question. He would have no problem with that.
14 Initially, I think the application was made
15 based upon the proximity to industrial uses, but
16 no, sir, we would have no opposition to a
17 commercial designation on the property.
18 MR. DAVIS: Okay. I would like to hear
19 from the Planning Department regarding the
20 denial.
21 MR. CROFTS: Okay. Let me take a shot at
22 that, and I'd also like to indicate that I have
23 Mr. Kresel with me from the Comprehensive
24 Planning -- Community Planning section, if I may
25 miss something.
Diane M.
Tropia,
34
1 But anyway, the Planning Department's
2 position is based on three primary things, to
3 the committee. One is compatibility, which
4 leads into inconsistency and then ultimately the
5 public purpose of the particular rezoning, and
6 all of these are naturally interrelated.
7 But if you look at the map for the area in
8 terms of the argument of compatibility, the area
9 is primarily low density residential right now.
10 We've looked at this property to the north,
11 across the street to the north, you look at
12 Mallory Road, that area is shown as low density
13 residential. To the west there are a couple of
14 houses, and that area is shown residential --
15 LDR land use. And to the east, there's
16 currently a church on that property, and that
17 land use category is also designated low density
18 residential. And also to the south of the area
19 that surrounds this particular -- these three
20 particular homes, three particular -- specific
21 homes, if you will, approximately 90 percent of
22 that area is shown in the low density
23 residential land use category.
24 There certainly is a checkerboard of land
25 uses in the broader area surrounding this
Diane M.
Tropia,
35
1 particular area that are much more intense than
2 the low density residential. That is obvious if
3 you look at the map, and they're reflected by a
4 PODS warehouse company, an Astral (phonetic)
5 Pool Service, union halls, a construction
6 company, an outdoor storage, and tractor
7 trailer. That's sort of in the proximity, the
8 outlying area around this, but immediately
9 around this location is the fact that it is
10 low density residential.
11 Because of that incompatibility issue, that
12 leads us into the argument, as reflected in our
13 report, dealing with inconsistency with the
14 comprehensive plan specifically, and that
15 relates to certain policies and certain
16 objectives.
17 This particular use would exacerbate a
18 policy that deals with the transition of uses, a
19 gradual transition of uses, specifically policy
20 1.17, which would -- that this particular use
21 would be inconsistent with, as well as the fact
22 that in the comprehensive plan and the future
23 land use element we're concerned about
24 protecting adequate land for residential uses,
25 and that's specifically objective 3.1 and some
Diane M.
Tropia,
36
1 supportive policies that deal with the
2 encroachment, which we perceive this as being at
3 this location, and they're reflected in policies
4 3.1.18 and policy 3.2.27.
5 Additionally, we have also identified some
6 inconsistency with an applicable neighborhood
7 action plan and generally with the northwest
8 district plan and applies to this area.
9 And, finally, it is our belief that the
10 application is inconsistent with an objective of
11 the future land use element, objective 1.3, that
12 talks about an appropriate timing, if you will,
13 between land use and transportation improvements
14 and planning efforts and -- because this
15 property, as we've been told and identified in
16 our report, is going to be part of an
17 interchange at I-10 and
18 is the relocation of the -- or the proposal
19 of -- or actually the creation of, I guess, you
20 might say, a full interchange at I-10 and
21
22 proposal does not make good sense from a good
23 public purpose standpoint or make good public
24 policy.
25 For these particular reasons, inconsistency
Diane M.
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37
1 with several specifics of the plan and
2 incompatibility and this last issue about good
3 public policy and coordination of transportation
4 planning and land use planning, we feel that we
5 have to recommend a denial of this particular
6 application.
7 MR. DAVIS: Mr. Chairman -- I appreciate
8 that, Mr. Crofts, and I understand the position
9 of the Planning Department and the criteria that
10 they have to meet when they make a
11 recommendation.
12 Before we close the public hearing, could I
13 ask Mr. Herzberg another question?
14 THE CHAIRMAN: Absolutely.
15 We've got Mr. Joost --
16 MR. DAVIS: Just to be clear,
17 Mr. Herzberg -- you heard what the Planning
18 Department has said. I know what I'm going to
19 ask the committee to do after looking at this.
20 Do you -- would you like to address any of those
21 comments, and then -- if you could briefly do
22 that so we could get into the meat of the issue.
23 MR. HERZBERG: I'll just briefly address
24 those.
25 Staff has, unfortunately, incorrectly read
Diane M.
Tropia,
38
1 that neighborhood action plan. The neighborhood
2 action plan they're referring to was in 1979.
3 The neighborhood action plan with regard to --
4 the
5 1980. Significant things have changed out
6 there, and I have a map that I'll introduce for
7 the record here as well.
8 And what the actual action plan says is
9
that the properties east of
10 Mallory shall remain residential. This
11 property -- and I've kind of highlighted with
12 the blue there.
13 This property is west of that boundary. It
14 uses 295 to the east and
15 west, so it's not even in -- or I should say
16 the -- the provision of the neighborhood action
17 plan to preserve this area -- or the proposed or
18 alleged inconsistency with the neighborhood plan
19 is incorrect. The simple language of the
20 neighborhood action plan does not say that.
21 As a matter of fact, I've highlighted the
22 parcels that since 1987 -- the City of
23 Jacksonville Planning Department and the council
24 itself has actually taken action to move these
25 properties that are in pink to industrial, so I
Diane M.
Tropia,
39
1 think what that does is kind of establish that
2 it has been the City's goal to move the area
3 west of Devoe there to industrial and to
4 maintain the residential on the east side, which
5 is the LDR that I've kind of bubbled up here
6 (indicating), and I'll turn that in for the
7 record.
8 So I would argue that the compatibility
9 issue -- or I should say the consistency issue
10 is a moot point. I think it's a -- it was an
11 unfortunate oversight when staff looked at
12 that.
13 As to the compatibility, I've given you a
14 photographic representation, and I've numbered
15 on the first page where the photos were taken
16 from. I think those photos -- I won't even go
17 through them individually, but I will tell you
18 that that one is my client's property. And, as
19 you can see, the area that I've bubbled in there
20 looks directly onto that three-story PODS
21 building. And as you look down there, you can
22 see the traffic on the roadway is typically
23 tractor trailers, heavy -- heavy-type vehicles.
24 We -- I just wanted to establish that
25 consistency and compatibility are not issues in
Diane M.
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40
1 this case. I think they're red herrings.
2 And, finally, the public purpose and
3 objective 1.3, the objective doesn't state
4 that -- that they should deny applications such
5 as this based upon this. It only states that
6 improved coordination should occur. And,
7 honestly, there's been a lack of coordination by
8 the FDOT to get out to the public and let them
9 know the proposal.
10 With that, I'll stand.
11 Thank you.
12 MR. DAVIS: All right. If we --
13 Mr. Chairman, I'd like to address the committee
14 if -- when you close the public hearing.
15 THE CHAIRMAN: Okay. We have Mr. Joost on
16 next.
17 MR. JOOST: I'm not on the --
18 THE CHAIRMAN: Okay. Mr. Jones, did you
19 have a question for Mr. Herzberg?
20 MR. JONES: I had a question in response to
21 Mr. Herzberg's statement. Do you want to wait
22 till --
23 THE CHAIRMAN: Let's just get through the
24 public hearing. We've got one other speaker and
25 then we'll open it up for discussion.
Diane M.
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1 Thank you, Mr. Herzberg.
2 We have Mr. Thomas Harper.
3 MR. HERZBERG: Mr. Harper is the property
4 owner, and he'll -- only here to stand by for
5 any questions.
6 THE CHAIRMAN: Okay.
7 MR. HERZBERG: Thank you.
8 THE CHAIRMAN: Well, then we'll close the
9 public hearing, and let's start with Mr. Davis.
10 You wanted to say something first and then
11 we'll go to --
12 MR. DAVIS: If the other council members
13 have questions, that's fine, and then I could
14 just kind of tell what you I would recommend.
15 THE CHAIRMAN: Okay. Mr. Jones.
16 MR. JONES: Thank you, Mr. Chairman.
17 I just had some clarification.
18 Through the Chair to Mr. Crofts, was
19 Mr. Herzberg correct when he said you relied on
20 the '79 neighborhood plan that we developed when
21 I represented the area in another life, back in
22 '79?
23 MR. CROFTS: (Inaudible.)
24 MR. JONES: But working with the
25 Community Association, we developed that plan,
Diane M.
Tropia,
42
1 and I -- you know, everything has changed in
2 that area because of the work that they're doing
3 out there, and I -- I just wanted to make sure
4 that -- is that -- if that's what you're relying
5 on, I would tend to agree with that. That's
6 outdated.
7 MR. CROFTS: No disrespect to the quality
8 of that effort and those people that were
9 involved in that effort at that time, but it
10 was, you know, 30 years ago, 30-plus years ago.
11 I only brought it up from the standpoint
12 that it was in our report. Technically, I did
13 not go back and specifically check it. I relied
14 on staff to do that, and there was a memorandum
15 that was sent to us from our neighborhood
16 planning area people, and they identified it as
17 such. I have not, in fact, gone back and --
18 specifically, and checked.
19 In my conversation, in bringing forth that,
20 you know, our arguments were more based on the
21 consistency, the compatibility, if you will, and
22 the -- sort of the public purpose, the timing of
23 the public purpose, and the comprehensive plan.
24 These were other kind of little chinks in
25 the -- or little items in the -- armor in the --
Diane M.
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43
1 or arrows in the armor added to our report to
2 suggest that it was -- we would go with a
3 denial. These were not the primary arguments.
4 And, again, I don't want to criticize the
5 credence of that, but it's a long time ago.
6 Things have changed. There's a lot of activity
7 out there. And, to me, it's a minor situation,
8 even though -- to answer your specific question,
9 I don't know a completely [sic] answer. I've
10 not checked it personally.
11 MR. JONES: Well, I do know -- and it's
12 Mr. Davis' district now, but a lot has changed
13 and we developed that plan in good faith in
14 working with Mr. Clemens (phonetic) and some of
15 the other community presidents out there to make
16 sure we protected that neighborhood, but I'll be
17 interested to see what Mr. Davis has to say.
18 Thank you.
19 THE CHAIRMAN: Mr. Joost.
20 MR. JOOST: My question, through the Chair,
21 is to Mr. Crofts.
22 You know, I hear you about, you know, the
23 low -- the LDR use, but by the fact that we're
24 changing the intersection to that -- I mean,
25 doesn't -- when you move a major intersection
Diane M.
Tropia,
44
1 off the interstate, that in -- by itself changes
2 the very nature of the land, doesn't it? I
3 mean, the kind of traffic and everything that's
4 going to be flowing at that point --
5 MR. CROFTS: Anytime you -- a major road
6 improvement like that does, generically
7 speaking, have a -- have a significant impact on
8 land use, ultimate uses of property because
9 you're going to have the access -- the change in
10 access. So certainly transportation
11 improvements, the availability of infrastructure
12 and circulation could have an impact on the
13 ultimate use of a particular piece of property.
14 In this particular case, we do know that
15 I-10 -- from a factual standpoint, improvements
16 to I-10, and FDOT -- I drove by there over the
17 weekend and drove by I-10. I do know that
18 they're extracting earth from the huge borrow
19 pit just to the south of this, so there's earth
20 moving as we speak out there and things
21 happening.
22 I don't think we have a definite commitment
23 at this point that these three pieces of
24 property are going to be taken by the State, but
25 there's certainly a significant -- I mean, we
Diane M.
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45
1 have maps, we have information, we have
2 tentative plans, but I don't think we can say
3 completely that this is going to be a reality
4 yet. That's our opinion.
5 MR. JOOST: And so what you're saying is
6 it's more of a timing issue at this point, that
7 we may be jumping the gun?
8 MR. CROFTS: I think that's part of it,
9 yes. I think, right now, as we look at the
10 area, we're kind of excluding that or taking it
11 out of the equation and looking at it from a
12 compatibility, consistency issue, knowing that
13 this is back in the background somewhere, but I
14 think a prematurity is a major factor from --
15 from our standpoint.
16 MR. JOOST: All right. Thank you.
17 THE CHAIRMAN: Mr. Davis.
18 MR. DAVIS: Thank you, Mr. Chair.
19 There are a couple of things.
20 I know that the Planning Department has to
21 make technical decisions based on facts in front
22 of them. Oftentimes -- I wouldn't say
23 oftentimes.
24 There are occasions where the committee
25 kind of adds some common sense in with the fact
Diane M.
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46
1 that they have to follow technical guidelines.
2 Okay? I understand that. And we -- you know,
3 it's happened in my district before where I have
4 not agreed with what the Planning Department
5 said, and no hard feelings because 99 percent of
6 the time I do.
7 This time, I think -- I think people are
8 lining up right here in this area because they
9 know what is getting ready to happen, and you're
10 going to see a bevy of changes that are going to
11 come into play.
12 We know that this interchange is going to
13 take place. The timing is probably a good
14 question for -- that Mr. Crofts brings up, but
15 there's a ton of work going on over here. The
16 whole neighborhood has changed since 1979.
17 There is a very, very dangerous intersection,
18
19 this
20 at
21 occasion -- a regular basis.
22 So, with that being said, I would support
23 the land use change to a commercial -- and I'm
24 probably going to encourage other people that
25 come to me for changes to do -- where the
Diane M.
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47
1 interchange is going to take place, to a
2 commercial rather than an industrial because I
3 think that transitions from the industrial to
4 the commercial to the residential you see over
5 to the east.
6 So that would be my recommendation.
7 Nothing against the Planning Department. I
8 think they were doing their job, and this is
9 just what I feel would probably be good in my
10 district. So I would encourage a land use -- to
11 adopt the land use change to a commercial and do
12 the same with the rezoning.
13 MR. JOOST: Is that an amendment?
14 MR. DAVIS: Yes.
15 MR. JOOST: Second.
16 THE CHAIRMAN: Could I get clarification on
17 that? Are you proposing an amendment to a CGC
18 or what are we proposing here?
19 MR. DAVIS: I would take the -- if the --
20 okay. This would be my question to the Planning
21 Department: Even though you did not recommend
22 approval, if you knew that the committee was
23 going to go in this direction or that the
24 district councilman wanted to see this start
25 happening, what would be your recommendation as
Diane M.
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48
1 far as the commercial use?
2 I think the CGC would probably be what I
3 would first go to, but I would lean on the
4 recommendation of the Planning Department.
5 MR. CROFTS: If you're giving us a choice,
6 you know, hypothetical sense, I think we would
7 agree with your position on it because the
8 industrial uses, as I'm familiar with them out
9 there in driving that area, I think there needs
10 to be some transition.
11 If you look at the land use map, there's a
12 lot of LDR there to the north and to the east,
13 and that's a pretty quiet -- not quiet, but
14 somewhat quiet and tranquil residential area,
15 and I think there needs to be something in
16 between the residential to the north and east,
17 across Devoe and across Mallory, and the
18 industrial and I-10 complex to the south.
19 So if we had a choice, yes, certainly.
20 MR. DAVIS: Okay. Well, then I would make
21 that amendment to change the -- to approve the
22 land use here as a CGC land use transitioning
23 from the industrial to the residential to the
24 east.
25 THE CHAIRMAN: All right. We have a motion
Diane M.
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49
1 on an amendment to CGC --
2 MR. JOOST: Second.
3 THE CHAIRMAN: -- and a second.
4 Any speakers on that?
5 Ms. Eller.
6 MS. ELLER: Thank you.
7 To the committee, it's at your discretion,
8 but I need to put on the record that typically
9 when we change applications, we do suggest that
10 you renotice and readvertise.
11 However, in the past, when we've made
12 amendments to densities and intensities that are
13 lower than the requested intensity and density,
14 this committee has amended and moved forward,
15 but I just wanted to let you know that there
16 could be a chance that someone that received
17 notice to LI could object to the fact that
18 you're amending to CGC. However, it's not
19 unprecedented in that this committee has
20 approved modifications at this point, after
21 notices have gone out, as long as the proposed
22 category is lesser in intensity, and I believe
23 that's what you have before you today.
24 THE CHAIRMAN: Okay.
25 MR. DAVIS: I don't have a problem with
Diane M.
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50
1 that.
2 THE CHAIRMAN: Well, I'm comfortable moving
3 forward with it. I guess the applicant probably
4 would --
5 MR. HERZBERG: Yes.
6 THE CHAIRMAN: -- would bear the brunt of
7 any appeal from someone else.
8 MS. ELLER: Correct.
9 THE CHAIRMAN: So we have a motion and
10 second on an amendment to go from LI, on -524,
11 to CGC.
12 Seeing no speakers, all in favor signify by
13 saying aye.
14 COMMITTEE MEMBERS: Aye.
15 THE CHAIRMAN: Any opposed?
16 COMMITTEE MEMBERS: (No response.)
17 THE CHAIRMAN: Seeing none, you have
18 approved an amendment to go to CGC on -524.
19 MR. JOOST: Move the bill as amended.
20 MR. DAVIS: Second.
21 THE CHAIRMAN: Motion and second on -524 as
22 CGC.
23 Please open the ballot.
24 (Committee ballot opened.)
25 MR. HOLT: (Votes yea.)
Diane M.
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51
1 MR. JONES: (Votes yea.)
2 MR. BROWN: (Votes yea.)
3 MR. DAVIS: (Votes yea.)
4 DR. GAFFNEY: (Votes yea.)
5 MR. JOOST: (Votes yea.)
6 MR. REDMAN: (Votes yea.)
7 (Committee ballot closed.)
8 THE CHAIRMAN: Close the ballot and record
9 the vote.
10 MS. LAHMEUR: Seven yeas, zero nays.
11 THE CHAIRMAN: By your action, you have
12 passed 2009-524, LDR to CGC.
13 Now we'll go to 2009-525. We've already
14 closed the public hearing.
15 Mr. Davis, did you want to propose an
16 amendment on this to --
17 MR. DAVIS: Yes.
18 THE CHAIRMAN: -- a specific zoning?
19 MR. DAVIS: I would ask the Planning
20 Department the same question regarding what
21 would their -- if they knew this was going in
22 that direction, what would their recommendation
23 be.
24 MR. CROFTS: We talked about -- you know,
25 the choices are CN, CCG-1, which is -- CN is
Diane M.
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52
1 neighborhood, obviously, uses, and CCG-1 versus
2 CCG-2. And if we're looking at that hierarchy,
3 we would take the middle approach, and that
4 would be a CCG-1.
5 MR. DAVIS: I agree.
6 THE CHAIRMAN: All right. Is that an
7 amendment?
8 MR. DAVIS: I would make the amendment to
9 adjust this request from IL to CCG-1.
10 MR. JOOST: Second.
11 THE CHAIRMAN: All right. We have a motion
12 and a second on changing the zoning from --
13 requested from IL to CCG-1.
14 Ms. Eller, I assume, the same concerns,
15 but --
16 MS. ELLER: (Nods head.)
17 THE CHAIRMAN: -- we're going to move
18 forward if no one has a concern on that.
19 We have a motion and a second.
20 Any discussion on that?
21 COMMITTEE MEMBERS: (No response.)
22 THE CHAIRMAN: Seeing none, all in favor
23 signify by saying aye.
24 COMMITTEE MEMBERS: Aye.
25 THE CHAIRMAN: Any opposed?
Diane M.
Tropia,
53
1 COMMITTEE MEMBERS: (No response.)
2 THE CHAIRMAN: Seeing none, the amendment
3 passes.
4 MR. JOOST: Move the bill as amended.
5 MR. JONES: Second.
6 THE CHAIRMAN: We have a motion and a
7 second on -525 as CCG-1.
8 Please open the ballot.
9 (Committee ballot opened.)
10 MR. HOLT: (Votes yea.)
11 MR. JONES: (Votes yea.)
12 MR. DAVIS: (Votes yea.)
13 DR. GAFFNEY: (Votes yea.)
14 MR. JOOST: (Votes yea.)
15 MR. REDMAN: (Votes yea.)
16 (Committee ballot closed.)
17 MS. LAHMEUR: Six yeas, zero nays.
18 THE CHAIRMAN: By your action, you have
19 passed 2009-525, going from RLD to CCG-1.
20 All right. I want to go out of order.
21 MR. HERZBERG: Thank you.
22 THE CHAIRMAN: Mr. Crescimbeni has been
23 very patient over there.
24 And, I'm sorry, I didn't notice that you
25 were here for this one, but --
Diane M.
Tropia,
54
1 Let's go to page 15, item 53. 2009-687 is
2 a resolution supporting a designation of Mayport
3 Village as a Preserve
4 I need a motion.
5 MR. JONES: So moved.
6 THE CHAIRMAN: I have a motion --
7 MR. BROWN: Second.
8 THE CHAIRMAN: -- and a second.
9 Mr. Crescimbeni, did you want to make a
10 comment on it? If not, I do.
11 MR. CRESCIMBENI: Thank you, Mr. Chairman.
12 The Preserve
13 by -- under President Bush in 2003. The first
14 lady served as its first chairperson. It
15 establishes programs -- and particularly once
16 you're designated, it allows for mainly historic
17 communities to apply for some grant funding
18 through the Preserve
19 been $17 million awarded since 2006 to 228
20 projects.
21 And the mayor's office, I think, has
22 already signed on with a proclamation or
23 something, which is a step in the process, and
24 then the governing body has to do likewise,
25 just, you know, supporting the designation.
Diane M.
Tropia,
55
1 I think the State historical -- the
2 division of historic -- whatever it is -- the
3 Department of State has signed on, so this is
4 just one step along the application process that
5 will allow this -- allow Mayport -- the Mayport
6 Community Development Corporation to achieve the
7 status and then, hopefully, go after some grant
8 money when there's additional grant dollars
9 appropriated.
10 THE CHAIRMAN: Excellent.
11 Any other speakers?
12 COMMITTEE MEMBERS: (No response.)
13 THE CHAIRMAN: I just wanted to say I'm
14 fully in support of this. We're hoping that --
15 and thank you, Mr. Crescimbeni, for leading the
16 charge on this.
17 Hopefully, it will lead to some grant money
18 for the Mayport Waterfront Partnership.
19 It doesn't in any way hamper any future
20 land use changes. I know there was some concern
21 about that, but it's mainly a method for them to
22 qualify for some grant dollars in the future, so
23 I'm fully in support of it.
24 Seeing no other speakers, we have a motion
25 and a second on 2009-687.
Diane M.
Tropia,
56
1 Please open the ballot.
2 (Committee ballot opened.)
3 MR. HOLT: (Votes yea.)
4 MR. JONES: (Votes yea.)
5 MR. BROWN: (Votes yea.)
6 MR. DAVIS: (Votes yea.)
7 DR. GAFFNEY: (Votes yea.)
8 MR. JOOST: (Votes yea.)
9 MR. REDMAN: (Votes yea.)
10 (Committee ballot closed.)
11 THE CHAIRMAN: Close the ballot and record
12 the vote.
13 MS. LAHMEUR: Seven yeas, zero nays.
14 THE CHAIRMAN: By your action, you have
15 approved 2009-687.
16 MR. CRESCIMBENI: Thank you.
17 THE CHAIRMAN: Thank you, Mr. Crescimbeni.
18 I'm sorry you had to wait. I didn't see
19 you over there.
20 MR. CRESCIMBENI: (Inaudible.)
21 THE CHAIRMAN: Well, we'll see you on
22 Thursday and Friday, possibly Saturday.
23 All right. Let's see. We have completed
24 -525.
25 We are up to 2009-526 and -527. Let's open
Diane M.
Tropia,
57
1 the public hearing on both of those.
2 Seeing no speakers, we will continue the
3 public hearings on those until 10/6.
4 2009-528. We will open the public hearing,
5 and we have Dina Riddle.
6 (Audience member approaches the podium.)
7 THE CHAIRMAN: Ms. Riddle, could you please
8 come up and give us your name and address for
9 the record, please.
10 AUDIENCE MEMBER: Dina Riddle, 14370-1
12 THE CHAIRMAN: And you have three minutes.
13 MS. RIDDLE: I'm just going to --
14 THE CHAIRMAN: You're here for questions
15 only?
16 MS. RIDDLE: -- be available for questions
17 only.
18 THE CHAIRMAN: Excellent. Thank you very
19 much.
20 We will close that public hearing.
21 MR. JOOST: Move the bill.
22 MR. REDMAN: Second.
23 THE CHAIRMAN: Motion and second on -528.
24 Seeing no -- seeing no speakers, please
25 open the ballot.
Diane M.
Tropia,
58
1 (Committee ballot opened.)
2 MR. HOLT: (Votes yea.)
3 MR. JONES: (Votes yea.)
4 MR. BROWN: (Votes yea.)
5 MR. DAVIS: (Votes yea.)
6 DR. GAFFNEY: (Votes yea.)
7 MR. JOOST: (Votes yea.)
8 MR. REDMAN: (Votes yea.)
9 (Committee ballot closed.)
10 THE CHAIRMAN: Close the ballot and record
11 the vote.
12 MS. LAHMEUR: Seven yeas, zero nays.
13 THE CHAIRMAN: By your action, you have
14 approved -528.
15 All right. 2009-529. We'll open the
16 public hearing.
17 No speakers. We will close the public
18 hearing on -529.
19 I should have done that on -530 as well.
20 2009-530. We will open the public
21 hearing.
22 No speakers. We will close the public
23 hearing.
24 Item number 30, 2009-536. We will open the
25 public hearing.
Diane M.
Tropia,
59
1 (Ms. Johnston approaches the podium.)
2 THE CHAIRMAN: Ms. Johnston, are you here
3 for questions or you need to get a reading from
4 Mr. Crofts?
5 MS. JOHNSTON: I would like to hear the
6 conditions we've added to -- conditions to the
7 rezoning.
8 THE CHAIRMAN: Okay. Let's close the
9 public hearing.
10 Mr. Crofts, can you read that amendment?
11 MR. CROFTS: Yes, sir.
12 Condition number 1, "The development shall
13 be subject to the original legal description
14 dated June 1st, 2009."
15 Number 2, "The development shall be subject
16 to the revised written description dated August
17 6th, 2009."
18 Number 3, "The development shall be subject
19 to the original site plan dated May 21st, 2009."
20 Condition number 4, "The development shall
21 be subject to the review and approval of the
22 Development Services Division, pursuant to their
23 memorandum dated July 22nd, 2009, and the
24 Transportation Planning Division memorandum
25 dated July 24th, 2009, or as otherwise approved
Diane M. Tropia,
60
1 by the Planning and Development Department."
2 Condition number 5, "Identity monument
3 signs shall be limited to two signs along
4
5 Street.
The two signs on
6 located on the parcel that directly fronts
8 200 square feet in area and 20 feet in height.
9 Signs shall be separated by at least 200 feet.
10 One additional 50-square-foot sign, 12 foot
11 high, directional monument sign may be permitted
12 at the access parcel along
13 There are two additional conditions.
14 Condition number 6, "Wall signs shall
15 comply with Part 13 of the zoning code and may
16 also be oriented toward
17 Number 7, "Wall signage oriented toward
19 as to prevent glare or excessive light on
20 adjacent residential properties."
21 That's it.
22 THE CHAIRMAN: All right. Ms. Johnston,
23 are you okay with those conditions --
24 MS. JOHNSTON: Yes.
25 THE CHAIRMAN: -- as Mr. Crofts read them?
Diane M.
Tropia,
61
1 MS. JOHNSTON: Yes, we are, and we thank
2 the Planning Department for meeting with us last
3 week to hammer out the details.
4 THE CHAIRMAN: Excellent. Thank you for
5 considering that.
6 Anybody want to move that amendment?
7 MR. DAVIS: Move it.
8 DR. GAFFNEY: Second.
9 THE CHAIRMAN: I have a motion and a second
10 on the amendment.
11 Seeing no speakers, all in favor of the
12 amendment signify by saying aye.
13 COMMITTEE MEMBERS: Aye.
14 THE CHAIRMAN: Any opposed?
15 COMMITTEE MEMBERS: (No response.)
16 THE CHAIRMAN: You have approved the
17 amendment for -536.
18 MR. JOOST: Move the bill as amended.
19 MR. JONES: Second.
20 THE CHAIRMAN: I have a motion and second
21 on -536 as amended.
22 Please open the ballot.
23 (Committee ballot opened.)
24 MR. HOLT: (Votes yea.)
25 MR. JONES: (Votes yea.)
Diane M.
Tropia,
62
1 MR. BROWN: (Votes yea.)
2 MR. DAVIS: (Votes yea.)
3 DR. GAFFNEY: (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: Seven yeas, zero nays.
10 THE CHAIRMAN: By your action, you have
11 approved -536.
12 Thank you, Ms. Johnston.
13 MS. JOHNSTON: Thank you.
14 Have a good night, everyone.
15 THE CHAIRMAN: You too.
16 All right. Number 31, 2009-548. We will
17 owe the public hearing.
18 No speakers. We'll continue that, take no
19 further action.
20 32 is deferred, as is 33, 34, 35.
21 36 is read second rerefer, as is 37, all of
22 page 12, all of page 13.
23 On page 14, items 48, 49, 50, and 51 are
24 read second.
25 Item 52, 2009-671.
Diane M.
Tropia,
63
1 MR. JOOST: Move the bill.
2 MR. JONES: Second.
3 THE CHAIRMAN: I have a motion and a second
4 on the bill.
5 Any speakers?
6 AUDIENCE MEMBERS: (No response.)
7 THE CHAIRMAN: I just wanted to say, this
8 is a bill that would put us in a position to get
9 some federal dollars. There has been a great
10 increase in the number of dollars that are going
11 to be out there for this kind of thing, so we
12 are trying to put ourselves in the position to
13 add a really important piece of land.
14 The southernmost Revolutionary War site is
15 on this piece of property in northern Duval
16 County. And if we can preserve that property,
17 it will be a great thing. So that's what we're
18 hoping to do by -- through this resolution.
19 Seeing no other speakers, please open the
20 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,
64
1 DR. GAFFNEY: (Votes yea.)
2 MR. JOOST: (Votes yea.)
3 MR. REDMAN: (Votes yea.)
4 (Committee ballot closed.)
5 THE CHAIRMAN: Close the ballot and record
6 the vote.
7 MS. LAHMEUR: Seven yeas, zero nays.
8 THE CHAIRMAN: By your action, you've
9 approved 2009-671.
10 And we've already done -687. All the rest
11 are read second.
12 I believe that concludes our agenda unless
13 somebody knows of one I missed.
14 COMMITTEE MEMBERS: (No response.)
15 THE CHAIRMAN: All right. Thank you all
16 for being here. Have a good night.
17 We're adjourned.
18 (The above proceedings were adjourned at
19 6:00 p.m.)
20 - - -
21
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25
Diane M.
Tropia,
65
1 C E R T I F I C A T E
2
3 STATE OF
4 COUNTY OF DUVAL :
5
6 I, Diane M. Tropia, certify that I was
7 authorized to and did stenographically report the
8 foregoing proceedings and that the transcript is a
9 true and complete record of my stenographic notes.
10 Dated this 6th day of September, 2009.
11
12
13
14 Diane M. Tropia
15
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Diane M.
Tropia,