1 CITY OF
2 LAND USE AND ZONING
3 COMMITTEE
4
5
6 Proceedings held on Tuesday, August 18,
7 2009, commencing at 5:05 p.m., City Hall, Council
8 Chambers, 1st Floor,
9 Diane M. Tropia, a Notary Public in and for the State
10 of
11
12 PRESENT:
13 RAY HOLT, Chair.
WARREN JONES, Vice Chair.
14 REGINALD BROWN, Committee Member.
DANIEL DAVIS, Committee Member.
15 JOHNNY GAFFNEY, Committee Member.
DON REDMAN, Committee Member.
16
17 ALSO PRESENT:
18 BILL BISHOP, City Council Member.
JOHN CROFTS, Deputy Director, Planning Dept.
19 SEAN KELLY, Chief, Current Planning.
FOLKS HUXFORD, Zoning Administrator.
20
DYLAN REINGOLD, Office of General Counsel.
21 MERRIANE LAHMEUR, Legislative Assistant.
JESSICA STEPHENS, Legislative Assistant.
22
- - -
23
24
25
Diane M.
Tropia,
2
1 P R O C E E D I N G S
2 August 18, 2009 5:05 p.m.
3 - - -
4 THE CHAIRMAN: All right. Welcome,
5 everybody. We are the Land Use and Zoning
6 Committee, and it is August 18th, five minutes
7 after.
8 Could we go around the horn and everybody
9 introduce themselves for those who don't know
10 us, starting with Mr. Crofts.
11 MR. CROFTS: John Crofts, representing the
12 Planning and Development Department.
13 MR. KELLY: Sean Kelly, Planning and
14 Development.
15 MR. HUXFORD: Folks Huxford, Planning and
16 Development.
17 MS. ELLER: Shannon Eller, General
18 Counsel's Office.
19 MR. KRESEL: Gary Kresel, Planning and
20 Development.
21 MR. DAVIS: Daniel Davis.
22 MR. BROWN: Reginald Brown.
23 DR. GAFFNEY: Councilman Gaffney,
24 District 7.
25 THE CHAIRMAN: Ray Holt, District 11.
Diane M.
Tropia,
3
1 MR. JONES: Warren Jones.
2 MR. REDMAN: Don Redman, District 4.
3 MR. BISHOP: Bill Bishop, District 2,
4 innocent bystander.
5 THE CHAIRMAN: Oh, my goodness.
6 Well, usually Mr. Davis is a concerned
7 citizen.
8 All right. We have one we want to take out
9 of order for Mr. Bishop, and that's number 47, I
10 believe, 2009-548, page 14.
11 And we will open that public hearing, and
12 we have one speaker, Mr. T.R. Hainline.
13 (Inaudible discussion.)
14 THE CHAIRMAN: Yeah, it's number 47,
15 2009-548.
16 (Mr. Hainline approaches the podium.)
17 MR. HAINLINE: T.R. Hainline, 1301
19 This would probably work better in a
20 workshop kind of format, but I'll just -- I'll
21 just state what my concerns are. And I'm
22 speaking as an agent for many zonings over the
23 years, not for any particular client.
24 At our firm, we post our signs when we file
25 a rezoning or a land use amendment and we take a
Diane M.
Tropia,
4
1 picture, and that picture is dated in a digital
2 camera at the bottom and we send that picture in
3 to the Planning Department. And we make every
4 attempt to make sure the signs stay up over the
5 course of the pendency of the rezoning or the
6 land use amendment, but sometimes, through
7 storms or vandals or neighbors or cars going off
8 the road or bicycles or whatever, those signs
9 come down. It's just a fact.
10 And when -- if and when we're notified by
11 the Planning Department that the sign is down,
12 we go back out, we put the sign up, we take
13 another picture, we send it back in to the
14 Planning Department.
15 If I read this bill right, if I have done
16 all of that, but 15 days before the hearing
17 somebody reports that my sign is down and --
18 then I'm notified and I go back and put it up.
19 Even if I go back and put it up, if it's 15 days
20 before the hearing I'm automatically deferred
21 because if my sign was down, then it wouldn't
22 have been posted for 20 continuous days before
23 the hearing, which means that I'd be
24 automatically deferred, if I understand this
25 bill right.
Diane M.
Tropia,
5
1 And on rezonings, you know, we've all just
2 grown used to -- I mean, I don't like to say
3 this, but we've all just grown used to rezonings
4 getting deferred from time to time. But on land
5 use amendments, a deferral can be a huge deal.
6 It can mean that the approval is delayed by up
7 to nine months, and that can mean transactions;
8 i.e., purchases of property, development and all
9 that goes with it doesn't happen because a
10 nine-month delay is enough to kill a
11 transaction.
12 So I would urge you to think about this
13 bill very carefully. I'd be happy to
14 participate in workshops or in meetings with
15 staff or meetings with y'all individually or
16 collectively or whatever to try and come up with
17 a way to make sure, from your perspective, that
18 the signs are posted and maintained.
19 It used to be, many years ago, that it was
20 a requirement to send in the pictures. I don't
21 know that that's an actual requirement anymore.
22 I have in the deep recesses of my memory a
23 requirement of an affidavit many years ago, but
24 I may be thinking of another county or
25 something.
Diane M.
Tropia,
6
1 There are ways to enhance enforcement of
2 this without punishing people who, in good
3 faith, try to comply with it, and I ask you to
4 think about that.
5 Thank you very much.
6 THE CHAIRMAN: Hold on, Mr. Hainline.
7 Mr. Redman has a question for you.
8 MR. REDMAN: Through the Chair to
9 Mr. Hainline, I can understand that this would
10 create a real -- probably loss of revenue in
11 some cases for some of your clients not being
12 able to get their properties zoned properly, but
13 I believe there probably is some other -- are
14 some other ways that we could go about seeing
15 that these signs were up and proving that these
16 signs were up.
17 I know, serving on LUZ last year, I
18 remember some issues where people, you know,
19 would come before us and swear that -- well, the
20 signs weren't there. I drove by, the signs
21 weren't there.
22 So this is an issue, I understand that. I
23 understand where Mr. Bishop is coming from, but
24 I don't think we need to make a -- a burden for
25 your clients or for yourself or people wanting
Diane M.
Tropia,
7
1 to rezone or to do the land use amendment, to do
2 the -- this drastic.
3 So possibly we could consider having the
4 Planning Department put out signs, charging an
5 extra fee for -- to the client for this use, for
6 them doing that. Is this something you think
7 could possibly happen that we could work
8 towards? And could we have somebody maybe from
9 the Planning Department comment on this?
10 MR. KELLY: Through the Chair, that is an
11 option. I don't know if it's the best use of
12 a -- you know, a planner's time, individually to
13 go out and be posting, to make sure that signs
14 are posted properly.
15 The department is supporting this
16 legislation as it's written. We feel strongly
17 that, you know, encouraging all -- as much
18 public participation in the process is one of
19 the, you know, main goals of the comprehensive
20 plan and the process itself and -- affording
21 people the due process and the ability to be
22 noticed.
23 We do have alternative notification
24 methods, but certainly, you know, having a way
25 to certify that the signs are or have been
Diane M.
Tropia,
8
1 posted in accordance with the statute would be,
2 I think, maybe a better direction to go in, some
3 certification process.
4 But certainly, I mean, we could go out and
5 post the signs physically. That's not, you
6 know, a major dilemma for us. I think it's just
7 more -- more of a -- is it a proper use of
8 time?
9 MR. REDMAN: What I was thinking was
10 have -- hiring somebody to go out and post the
11 signs, charging extra for that when they file
12 their application, which I'm sure that -- you
13 know, to ensure the fact that it was -- be able
14 to prove it was -- it actually happened.
15 I would hope that they wouldn't have a
16 problem doing that or possibly by requiring a
17 digital picture along with -- when they put the
18 sign out, by approving that way. Would that be
19 something that would be enough --
20 I would like to propose an amendment that a
21 digital picture be enough proof that these signs
22 go out rather than requiring a penalty such as
23 what the -- this is calling for.
24 THE CHAIRMAN: Okay. We have an amendment.
25 Do we have a second on the amendment?
Diane M.
Tropia,
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1 DR. GAFFNEY: Second.
2 THE CHAIRMAN: Discussion on amendment,
3 Mr. Bishop.
4 MR. BISHOP: Thank you, Mr. Chairman.
5 What I would -- what I would appreciate is,
6 before you-all decide to start putting
7 amendments on this thing, let's, if we can, talk
8 for a second about what this is all about.
9 And I can appreciate what Mr. Hainline is
10 saying because, yes, while the intent of this
11 bill is not to be punitive against anybody, it
12 is an intent -- it is an attempt to get the
13 rules to be followed, pure and simple.
14 The punitive nature of it is, I suppose, a
15 matter of definition in that if you don't follow
16 the process -- the process is -- as Mr. Kelly
17 said, is all about public interaction and public
18 notification, and there's a process set in place
19 to help ensure that. And the point here is not
20 to punish somebody for not doing it. It is
21 simply if you don't follow rules, then your
22 issue sits there until you do follow the rules.
23 There's no other issue at that.
24 Now, Don, on its face, that's what it
25 says. And the effect is, in today's world, when
Diane M.
Tropia,
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1 so many land use amendments are done based on
2 the six-month schedule, they all show up at the
3 last second and we're -- when we're acting on
4 these things at the last second. And so, yes,
5 if the sign isn't there and it's not certified
6 to be there, then the unfortunate effect is,
7 yes, it has to wait until the next six-month
8 round because that's state law.
9 Now -- and unfortunately on so many of
10 these things it is -- this is a rule that's not
11 meant for the majority because the majority does
12 what they're supposed to do. It's done for
13 those unfortunate few cases where it doesn't
14 happen, but it's also unfortunately those few
15 cases where it doesn't happen that create all
16 the problems because those are the ones that
17 show up and then the neighborhoods come out of
18 the woodwork. We've all seen these things. At
19 the last second, "There's never been a sign. We
20 didn't know anything about it. That's why we're
21 here at the last second." We've all seen that
22 happen. That's the kind of thing that this is
23 trying to stop.
24 And for me personally, if you follow the
25 rules, fantastic. Do it right, let's deal with
Diane M.
Tropia,
11
1 it in the normal process. If you don't follow
2 the rules, if you have to wait six months, as
3 far as I'm concerned, I'm sorry, you didn't
4 follow the rules. That's the way it works.
5 So if that encourages people to follow the
6 rules and do it properly, then we have fewer of
7 those issues to have to deal with. That's the
8 intent behind this.
9 Now, as Mr. Hainline rightly points out,
10 there are extenuating circumstances that happen
11 sometimes. Storms do show up, they do blow
12 things away through the best intention of
13 everybody. The other side of that is, no matter
14 what check you put in place, there's always a
15 way to get around it.
16 I can go out there and put a sign on a
17 piece of property, take a digital photograph of
18 it, turn it in -- or take a digital photograph
19 and on my way out, I can pick it up, put it in
20 my trunk. I've still got a digital photograph.
21 That doesn't mean the thing has been sitting
22 there any longer than five minutes, so -- but
23 that's the other side.
24 Again, all of these rules -- we're never
25 going to create a scenario that's absolutely
Diane M.
Tropia,
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1 perfect. It's never going to happen. There's
2 always going be a way to get around it if
3 somebody wants to do that.
4 What we're trying to do is find a way to
5 alleviate as many of the problems as we can
6 because, again, if somebody is trying to get
7 around the system, they're going to find a way
8 to do it, and we're just going to have to deal
9 with that.
10 What we're trying to do, though, is set a
11 system in place that is clear on what the
12 requirement is, because right now it's not a
13 requirement to put a sign out on a piece of
14 property. It's more like a guideline, and I
15 think I'm right on that, Mr. Kelly and
16 Mr. Reingold. We had this discussion, that --
17 it says put the sign out, but if you don't put
18 the sign out, there's no consequences as a
19 result of it.
20 What this is trying to do is say it is a
21 requirement because that is really the only
22 notification that people get that an issue comes
23 up. People don't sit around and think to
24 themselves, I think I'm going to sit and cruise
25 the Internet today and find out all the
Diane M.
Tropia,
13
1 rezonings or land use changes that are going to
2 happen in my neighborhood. That's not
3 realistic; it doesn't happen.
4 The sign shows up, that's how people know
5 it. So what we're trying to do is find a way to
6 ensure as best we can that that sign goes up,
7 and so this is really --
8 THE CHAIRMAN: Let me -- Ms. Eller, we're
9 still technically in the public hearing right
10 now. Should we go ahead and get through our
11 speakers in the public hearing before we address
12 any amendment?
13 MS. ELLER: I would suggest taking all the
14 public hearing comments prior to the committee
15 discussing the amendment or going into committee
16 discussion, yes.
17 THE CHAIRMAN: Okay. I had Mr. Brown,
18 Mr. Jones, and Mr. Davis came on the queue,
19 who -- Mr. Brown, were you on the --
20 MR. DAVIS: Did you close the public
21 hearing?
22 THE CHAIRMAN: -- public hearing? Did you
23 have any questions of Mr. Hainline?
24 MR. BROWN: Actually, the Planning
25 Department.
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
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1 THE CHAIRMAN: Okay.
2 MR. BROWN: I also have a question for
3 Mr. Hainline as well.
4 THE CHAIRMAN: Okay. Well, if anybody has
5 a question of Mr. Hainline -- let's go ahead and
6 get our public hearing closed because we're
7 getting into a lot of debate on the issue, which
8 is great, but let's go ahead and get the public
9 hearing closed. I just was handed another
10 card.
11 Was there anybody who had a question of
12 Mr. Hainline?
13 COMMITTEE MEMBERS: (No response.)
14 THE CHAIRMAN: Okay. Mr. Hardesty.
15 (Mr. Hardesty approaches the podium.)
16 MR. HARDESTY: Good evening.
17 Marc Hardesty, 4004 Atlantic Boulevard,
18 Jacksonville, 32207.
19 I come before you to speak in support of
20 this ordinance requiring posting of the signs.
21 I serve on the Planning Commission, and
22 have for approximately four to five years at
23 this point, and I will tell you that what we
24 have seen is very frustrating regarding the lack
25 of sign postings. It is done in the minority of
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
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1 cases certainly. In fact, the vast minority of
2 cases, but it's done, or not done should I say.
3 It is very frustrating to the community
4 at large, it is very frustrating to us as
5 Planning Commissioners that take our personal
6 time and look at these issues in great detail
7 and try to get the input from not only the
8 developer or landowner themselves but also the
9 neighborhood and the affected parties. And if
10 you don't have all the parties at the table,
11 then that's a fundamental flaw in our system,
12 and I think it's also a fundamental flaw in due
13 process because certainly these issues impact
14 people in their daily lives, particularly when
15 it's their neighborhood.
16 We've seen these issues come up time and
17 time again regarding defects in notice, and it
18 does nothing but build fundamental distrust in
19 our government and fundamental distrust in the
20 process. Requiring the signage is going to at
21 least take a large step forward so that -- it is
22 certainly referred to in the ordinance now, but
23 it's toothless, it's useless.
24 I'm an attorney by trade, and I can tell
25 you, reading that as the enforceability
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
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1 currently is, it's basically a waste of -- a
2 waste of ink on paper. It means essentially
3 nothing. This would make it a requirement to
4 follow the intent -- or I would assume the
5 intent of not only the Planning Department, the
6 Planning Commission, the LUZ and the City
7 Council, and that is to bring the citizens of
8 Jacksonville the most information that they can
9 to make intelligent decisions on the proper
10 zoning, on the proper deviations, whatever they
11 may be. And without this ordinance, it's just
12 business as usual in Jacksonville.
13 Thank you.
14 THE CHAIRMAN: Thank you, Mr. Hardesty.
15 Anybody have any questions of
16 Mr. Hardesty?
17 MR. REDMAN: Yes.
18 THE CHAIRMAN: Okay. Mr. Redman.
19 MR. REDMAN: Through the Chair to
20 Mr. Hardesty, I can understand the -- we need a
21 requirement to require the signs to be there,
22 but don't you think that there are other means
23 of proving that these signs are up? You know,
24 you don't think a digital picture would be
25 enough to, you know, show that the sign has
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
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1 actually been put up?
2 Of course, I know that, you know, there are
3 too many of these signs disappearing after
4 they're up, and I'm sure that some of them
5 actually do not put them up at this point, but
6 I -- so we do need a requirement, an ordinance
7 saying that they have to be up, but what I'm
8 saying is there should be some means of proving
9 that that sign was there other than --
10 MR. HARDESTY: Well --
11 MR. REDMAN: -- going to this drastic --
12 MR. HARDESTY: Other than -- I'm sorry, I
13 didn't follow you, Commissioner [sic].
14 MR. REDMAN: Some means -- don't you think
15 that there should be some means of proving that
16 these signs were put up other than this
17 ordinance?
18 MR. HARDESTY: Well, I think this
19 ordinance -- what this ordinance does is it
20 simply lays out how it is established that these
21 signs be put up and it establishes how the
22 Planning Department establishes that there's
23 proof that the signs are erected, and that's
24 exactly --
25 I think we're after exactly what you're
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
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1 questioning, and the current status of the law
2 is basically -- it's essentially, if you don't
3 put them up, well, we just move on with the
4 process. And, you know, whoops, sorry, oh, well
5 to the neighbors. It doesn't give them notice.
6 You can just sidestep that because, let's face
7 it, a slick attorney that's reading this is
8 going to look at the language and is going to
9 simply say, that's a requirement that's
10 unenforceable, so let's just move on, let's
11 dispense with the details, and we'll just move
12 on.
13 And, quite frankly, that -- you know,
14 that's bad law. Don't even have it, don't even
15 have a sign requirement if there's no
16 enforceability. And I don't think that's the
17 intent of LUZ or this council at all.
18 I mean, I think -- I think we should be
19 committed to putting out the issue, putting out
20 the information and letting the public debate
21 take its course, hearing all the facts, not a
22 one-sided thing, but both sides of the coin, and
23 I think that's what this is all about. This is
24 simply -- this is good legislation. This is
25 good practice and this is aboveboard practice.
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
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1 This isn't the smoke-filled back room, and
2 this isn't the -- you know, we'll try to play
3 the gotcha game with any kind of deviation or
4 change in zoning. This is, okay, everybody
5 knows about it, let's have a fair, honest debate
6 about it, and talk about the real issues.
7 THE CHAIRMAN: Thank you, sir.
8 MR. REDMAN: But the problem is, if the
9 sign gets removed, they're going to have to come
10 back and, you know, have another hearing to go
11 through the whole procedure again, even though
12 the sign was put up originally.
13 MR. HARDESTY: Well, the Planning
14 Department certainly has the position where they
15 go out and verify if the sign has been put up,
16 and there is verification in it.
17 You know, could that happen, Mr. Redman?
18 Yeah, I'm sure it could, but -- but what is
19 really the more important thing, that one sign
20 maybe slips away and we have to go through the
21 process again -- or not again, but just delay it
22 until the sign is verified one way or the other,
23 or is it better off to have an entire
24 neighborhood, for instance, as we've seen time
25 and time again come up, where these people have
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1 absolutely no clue as to what's going on, or we
2 have the perfect example of -- for instance, in
3 North Jacksonville, the Pine Island, where the
4 only people that got noticed were Atlantic
5 Marine, the owners themselves, and the reason
6 why is because of where it was situated. No
7 neighborhood, no neighbors got adequate notice.
8 And the sign would have cured that, but there
9 were no signs.
10 THE CHAIRMAN: Mr. Redman, did you get an
11 answer to your question? Because I think --
12 MR. REDMAN: Yes. Thank you, sir.
13 THE CHAIRMAN: -- we're getting into a
14 little too much debate.
15 Thank you.
16 I was just handed another speaker card,
17 Tony Robbins.
18 Thank you, Mr. Hardesty.
19 MR. HARDESTY: Thank you.
20 (Audience member approaches the podium.)
21 AUDIENCE MEMBER: Thank you, Mr. Chairman.
22 Tony Robbins, 11361 Sweet Cherry Lane,
23 Jacksonville, 32225.
24 As someone -- as a planner in Northeast
25 Florida for the past decade and someone who
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1 regularly puts up these signs, both as --
2 formerly as a staff member in Fernandina, as
3 well as a private practicing planner that does
4 his best to make sure those signs are up, it
5 seems as if the verification aspects or the
6 proving that the signs were up, to either add a
7 fee or some sort of additional charge for the
8 staff to go out and verify it could be turned on
9 its other end and putting the responsibility on
10 the staff to put out those signs so there's no
11 question. They're going to go out there anyway
12 15 days prior to look at it, have it verified
13 that the staff put out the signs, have that fee
14 in there, the -- part of your application fee to
15 cover those expense.
16 I strongly reiterate what Mr. Kelly was
17 alluding to. It's not the best use of your
18 staff's time, but photographic evidence is
19 continually used, as in my two applications
20 today.
21 I think Councilmember Bishop was very
22 astute in saying that someone could very well
23 take a picture and then take it down right
24 away. There's just no way there's -- that's why
25 we have the redundancy. I believe it was the
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1 intent of the legislation -- is to have not only
2 the signs but the letters to the surrounding
3 property owners, as well as informational
4 packets, the publication that is not inexpensive
5 in the Florida Times-Union and other papers.
6 There's redundancy.
7 So the -- all of this talk of a -- in the
8 dark of night or in smoke-filled rooms or done
9 at the last second -- noticing is a very
10 expensive and lengthy process, not just in
11 Jacksonville, throughout Florida.
12 So the discussion, I wasn't planning to
13 speak on it, but just the discussion -- it seems
14 to be to have the staff or someone go out and
15 prove that photograph was true -- flip it on its
16 end, have that at the outset. You can say that
17 your staff were responsible and those signs were
18 out regardless of if they blew down or whether
19 the applicant was duplicitous and took it down
20 right away. That -- that's moot now.
21 But, again, I think the -- some of the
22 comments that have been expressed earlier by my
23 colleague, Mr. Hainline, are, in fact, true.
24 Circumstances out of control could have serious
25 ramifications, especially as it relates to
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1 large-scale amendments.
2 And just as a private citizen in
3 Jacksonville, as well as one that deals in this
4 area, I appreciate the time, Mr. Chairman.
5 THE CHAIRMAN: Thank you, sir.
6 Any questions for Mr. Robbins?
7 COMMITTEE MEMBERS: (No response.)
8 THE CHAIRMAN: None. With that, we'll
9 close the public hearing.
10 Now, we were with -- Mr. Bishop, if you
11 wanted to go ahead and finish your remarks, and
12 then we have Mr. Jones, Davis, Brown, and
13 Redman.
14 MR. BISHOP: Thank you, Mr. Chairman.
15 Briefly, I think -- you're right, we got a
16 little out of sequence here, but most of the
17 things that I wanted to say, I've done.
18 What this bill does currently is that it
19 leaves the existing process in place, which is
20 that the planning -- the process is the
21 applicant puts the sign out, and the Planning
22 Department, at some point throughout the period
23 prior to the first meeting that the issue comes
24 up, goes out to verify it.
25 And they do it -- they do it at an
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1 indeterminate time so nobody knows specifically
2 when they'll go out. I happen to -- I think
3 that's a good system because the sign has to --
4 the sign has to go out, and nobody knows for
5 sure when the Planning Department is going to go
6 out there to check. It could be random, which I
7 think is a good thing to do.
8 The alternative -- an alternative that was
9 brought up was that -- to have the Planning
10 Department do it themselves. Now, whether they
11 physically did it themselves or they contracted
12 with a service to do it with a fee that's put on
13 the applicant, that's -- that is a viable
14 option. It increases the cost of the
15 application fees to do that. We would need to
16 make sure everybody understands that.
17 For a lot of -- a lot of issues it's not a
18 big deal. We didn't start out that way because
19 there are a tremendous amount of mom-and-pop
20 applications out there for little things, and
21 now we're going to stick a 50 or a $100 fee on
22 top of them for those sorts of things, and --
23 and we've got to think about, is that really the
24 right way to do it as well also?
25 At the end of the day, the end result is we
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1 need -- we need an independent verifier that the
2 signs go up. I think that's the whole point, to
3 make sure that the public is notified.
4 I obviously prefer the way it's written
5 because I think that it doesn't burden anybody
6 else with any other requirement other than
7 what's already in the system. There's no
8 additional cost to anybody. Everybody is doing
9 what they're already doing. It just has to be
10 done by a certain time line to meet certain
11 dates, as -- from a verification process. So
12 that doesn't change anything.
13 If we change it so that the Planning
14 Department has to do the signs, then that
15 certainly solves my issue of a third-party
16 verification that it gets done, but it adds
17 additional costs to the system to a large number
18 of applicants for a large variety of things in
19 this city that -- I just don't know that that's
20 the best way to go about doing things either.
21 If I had to take one or the other, I would
22 certainly have the Planning Department do it
23 than have nothing change. My preference would
24 be to do it the way we're proposing it because
25 it doesn't make anybody do anything different
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
26
1 than they're already doing and it doesn't add
2 any cost to the system.
3 And, with that, I just certainly hope --
4 love to answer any questions anybody has got of
5 me on this thing and would just hope you
6 consider it favorably.
7 Thank you.
8 THE CHAIRMAN: Thank you, Mr. Bishop.
9 Mr. Jones.
10 MR. JONES: Thank you, Mr. Chair.
11 I appreciate Mr. Bishop's position, and I
12 think we've all been frustrated over the years
13 when people come down, communities come down and
14 say, I didn't see the sign, I didn't know it was
15 being rezoned till the last minute.
16 And I sympathize with some of the
17 developers, and I'm -- I don't know why T.R.
18 would be opposed to this bill because if it's
19 deferred, that means he's going to get more
20 money at the end, but anyway, I understand that,
21 but it does delay the process.
22 I think a workshop or -- and we've got to
23 think -- in these days and time, we've got to
24 think a little smarter than what we've done in
25 the past, and I would think that ensuring those
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
27
1 signs are posted -- anything can be
2 manipulated. The camera, they can manipulate
3 the date on the camera. Or, as you pointed out,
4 they can post the sign, take a picture of it,
5 take it down.
6 We have sign -- on the code compliance, we
7 have people who go out every day looking for
8 sign violations. Why not give them a list of
9 the locations? We don't want to spend tax
10 dollars having a planner go out at the rate we
11 pay them, but we have people already out in the
12 field who are checking for sign violations every
13 day.
14 And without the division chief, Kim Scott,
15 here, I don't know how much of a burden that
16 would be, but we certainly could ask them, if
17 they are given a list of the locations each week
18 to check weekly to make sure those signs are
19 posted.
20 I think there's some creative things we can
21 do without putting an undue burden on the
22 petitioner in case -- in some controversial
23 rezonings, I can see an opponent going and
24 taking the sign down deliberately so that it
25 would be deferred another six months and they
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
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1 have six months to deal with it.
2 So there's two sides of the coin. I think
3 we can find a happy medium. I think that happy
4 medium may be having the code compliance people
5 go out, who are already out in the field, check
6 those signs and make sure they're posted and do
7 it on a weekly basis.
8 THE CHAIRMAN: Thank you, Mr. Jones.
9 Mr. Davis.
10 MR. DAVIS: I can say that I would not want
11 to see the burden placed on City staff. I think
12 the burden should be placed on the applicants.
13 I think that that's why they're paid.
14 And I think that this needs to be an
15 enforceable law, and I would say that the men
16 and women who do this right, as far as the
17 application process, I don't think they would
18 have a problem with enforcing a law to make sure
19 it's followed because they're doing it right,
20 and there's -- there's a minority who choose to
21 do it wrong when it would be just as easy to do
22 it right, if they were on the up and up.
23 I remember when we passed a piece of
24 legislation because of a few minor problems
25 about people building aircraft in their driveway
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
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1 and in their garage, and we ended up having to
2 come back because we knew it just -- to me, it's
3 not right to pass legislation based on a couple
4 of bad eggs out there. I mean, we're never
5 going to write legislation to solve a problem.
6 I would say I can support this legislation
7 with some changes. I think that we should put
8 the burden on the applicant to prove that the
9 sign is up and stays up. With technology, I'm
10 sure there's a way that we can do that.
11 I have a problem with the -- it
12 automatically is deferred portion of the
13 legislation. I think that that should be in
14 place, but you should give the applicant the
15 ability to prove that they have done everything
16 within their power to follow the law because I
17 know that in -- in rezonings in my district --
18 and this is crazy, but listen to me.
19 I have had neighbors take down signs, and
20 they -- I guess they don't realize that when
21 they take the signs down, then everybody else
22 doesn't realize that there's a rezoning, but
23 they think they're getting the guy that's doing
24 the rezoning by taking the sign down. It
25 doesn't make any sense, but they do it. I know
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
30
1 they do it, they've told me they've done it.
2 Okay?
3 So I guess -- I would say this is a piece
4 of legislation that we need to figure out a way
5 to pass because I would think that there's
6 probably -- you know, most of the people in the
7 audience that are working for someone tonight
8 want their to be a sign -- a sign requirement
9 that is enforced because they want a level
10 playing field with all the other people out
11 there that might not be doing it right, but we
12 have to figure out a way to not inadvertently
13 punish the ones that are doing it right, that
14 are following the law, and that -- I guess
15 that's where I need to get.
16 I would support this, but I have to get
17 this -- there has to be a way -- and I'm sure
18 there's a lot of smart people in this room that
19 can say, listen, I don't mind if you defer it
20 because we have a couple of bad apples that
21 refuse to do it right, but if we take the burden
22 to prove that this sign has been up for the last
23 seven days and then we come up on the eighth day
24 and take another picture and say, hey, somebody
25 took the sign down last night and I want to be
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
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1 the first one to let the Planning Department
2 know, before the neighbors come in -- and then
3 you kind of know, well, that wasn't their
4 fault.
5 So we need to figure out a way to
6 understand, number one, we're never going to
7 solve this problem with legislation. It's not
8 going to happen because there will always be
9 someone who tries to sneak by.
10 Number two, we need to give the men and
11 women who do it right the -- I'm trying to think
12 of the right word -- I guess the understanding
13 that if you're doing it right, you're not going
14 to be penalized.
15 I don't know exactly what that means yet,
16 Councilman, but I think if there's a -- if you
17 have an answer for that tonight, I would be
18 willing to move for an amendment, or if there's
19 too much to discuss right now, Councilman
20 Holt -- or Chairman Holt, I'm more than happy to
21 sit on a subcommittee or something that could
22 help. I support the legislation. I just think
23 there needs to be some tweaks with it.
24 THE CHAIRMAN: Thank you, Mr. Davis.
25 Mr. Brown.
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1 MR. DAVIS: Oh, I asked Councilman Bishop
2 that question, if he had any ideas on how he
3 could solve my dilemma.
4 THE CHAIRMAN: Okay. Go ahead, Mr. Bishop.
5 MR. BISHOP: Through the Chair to
6 Councilman Davis, I have an idea. I may not get
7 to an exact answer tonight and this may end up
8 turning into a workshop environment, but what's
9 going through my mind is a curative period,
10 meaning right now if I -- the legislation
11 says -- see, under the process right now the
12 applicant puts a sign out and the Planning
13 Department goes out to check and make sure it's
14 there, and it's one of their check boxes on the
15 form, is the sign out or is it not.
16 The end game here is to get them to put the
17 check mark that says the sign is out. What
18 happens after they do that, the real world is --
19 who knows what happens. I mean, it's -- but
20 that becomes our verification point.
21 What we want to make sure is that that
22 check gets done with enough time, that if they
23 go out there and the sign is not there, that the
24 applicant can have enough time to get that sign
25 out within that time limit, before the cutoff
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
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1 point that the ordinance would call for because
2 there -- there needs to be a reasonable period
3 of time -- and right now it's 15 days between
4 when the sign goes up and when the meeting takes
5 place -- to give adequate time for people to
6 know what's going on. So it may be something as
7 simple as the Planning Department -- 21 days
8 before it has to -- make sure that the sign is
9 there. And if it's not, let the applicant know
10 so that they have time to go out and replace it,
11 so that the Planning Department then can certify
12 that the sign is there.
13 That may not be perfect, but it's a thought
14 that comes to my mind as a potential way to do
15 that.
16 MR. DAVIS: Well, I guess -- Mr. Chairman,
17 I guess my final thought would be there's a lot
18 of weeds to work through on this one, and I'm --
19 I guess I'm offering my time. I'm very familiar
20 with the process.
21 I would say 99 percent of the time it ain't
22 a storm taking the sign down. I think we all
23 know that, so we might as well just remove that
24 from the table, but I think that we do need to
25 make sure that we don't punish the ones that are
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
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1 doing it right.
2 So I don't know what you want to do with
3 it, but there's a lot of questions here.
4 THE CHAIRMAN: Well --
5 MR. BISHOP: Mr. Chairman, could I suggest,
6 then, that you defer it and we set up a workshop
7 to work through these issues? Because I don't
8 think that they're complicated.
9 There's a couple of concerns that I think
10 are legitimate and I think we can work through
11 them, as Councilman Davis says, and come to a
12 consensus to get to the intent of this without
13 creating an undue burden for someone and get
14 it -- we don't want somebody to get caught in a
15 trap.
16 THE CHAIRMAN: Right. I think we can too.
17 The bill has a lot of merit. Right now I'm
18 hearing the comments, I don't think it would
19 pass, so -- but I'd like to defer it for a cycle
20 and let's hold a meeting and come back two weeks
21 from now and maybe you guys can put your heads
22 together and come up with some sort of an
23 amendment to it.
24 MR. DAVIS: Mr. Chair.
25 THE CHAIRMAN: Yes.
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
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1 MR. DAVIS: Maybe just before this --
2 whatever -- if you want to schedule a noticed
3 meeting or whatever that we can all come to.
4 Ask for suggestions because there's a lot of
5 smart people out there that could probably give
6 a remedy to get you to where you want to be that
7 might help. That might be something that we
8 could look for as -- someone who does it every
9 day might say, hey, this is how I would suggest
10 or something.
11 THE CHAIRMAN: And you might want to make
12 sure that Mr. Hainline, Mr. Hardesty are
13 notified on that because I know they have a lot
14 of experience in the area and could bring a lot
15 of good ideas to the table.
16 Ms. Eller.
17 MS. ELLER: Mr. Chairman, would you
18 consider reopening the public hearing and
19 continuing it so --
20 THE CHAIRMAN: Sure.
21 MS. ELLER: -- you have that open when you
22 do ultimately vote?
23 THE CHAIRMAN: We will open that public
24 hearing and we will continue it for one cycle
25 and we'll come back on that one in two weeks.
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
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1 All right. Let's go back to the beginning
2 of our agenda. We've got, right off the top,
3 some easy ones here.
4 Items 1 and 2 are deferred.
5 Item 3, 2009-91. We will open the public
6 hearing and continue that public hearing to
7 10/20. We have no speakers. We'll take no
8 further action.
9 Item 4, we'll open the public hearing. We
10 have no speakers. We will continue that public
11 hearing and take no further action.
12 Item 5, 2009-254, is deferred. -287 is
13 deferred.
14 (Mr. Bishop exits the proceedings.)
15 THE CHAIRMAN: On page 4, item 7, 2009-288,
16 is deferred. 2009-350 is deferred.
17 Item 9, 2009-401, we'll open the public
18 hearing. I have no speakers on that, so we will
19 continue it and take no further action.
20 Item 10, -402, is deferred.
21 Item 11, 2009-429. We'll open the public
22 hearing. I have no speakers. We will continue
23 it and take no further action.
24 Item 12, 2009-494. We'll open the public
25 hearing. Looks like we have a speaker -- no,
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
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1 not on that one. So we will close the public
2 hearing.
3 MR. DAVIS: Mr. Chairman.
4 THE CHAIRMAN: Are you going to move the
5 bill?
6 MR. DAVIS: Well, I'd like to ask if
7 there's anybody from the school board here.
8 AUDIENCE MEMBERS: (No response.)
9 THE CHAIRMAN: I don't see anyone.
10 MR. DAVIS: I don't remember anybody from
11 the school board stopping by to talk to me about
12 this.
13 Anybody have any input?
14 THE CHAIRMAN: Planning Department.
15 MR. KELLY: Thank you.
16 Through the Chair to Councilmember Davis,
17 Karen Kuhlmann, as you know, sits on the
18 Planning Commission. She was at the Planning
19 Commission meeting for this item and did speak
20 to it, and basically -- this is to remove the
21 PBF-1 zoning of public ownership to bring it
22 into a zoning district to where it can be
23 privately utilized for either a school or a -- a
24 PBF-2 zoning, basically, use at that property.
25 MR. DAVIS: If I could -- Mr. Chairman, if
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
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1 you would defer this for a couple of weeks. I
2 just want to sit down and kind of see what their
3 plan is. And usually it -- I just ask for
4 everything to be deferred if they don't come by
5 and see me, so --
6 THE CHAIRMAN: Sure, we can do that.
7 MR. DAVIS: Not that I have a problem with
8 it. I just want to know what's going on.
9 THE CHAIRMAN: All right. Then we will
10 open that public hearing back up and we will
11 continue it for one cycle and give Mr. Davis a
12 chance to speak with those folks.
13 Number 13, 2009-495. We'll open the public
14 hearing. No speakers. We'll close the public
15 hearing.
16 MR. DAVIS: Move the bill.
17 MR. REDMAN: Second.
18 THE CHAIRMAN: I have a motion and a second
19 on 2009-495.
20 Any speakers?
21 AUDIENCE MEMBERS: (No response.)
22 THE CHAIRMAN: Seeing none, open the
23 ballot.
24 (Committee ballot opened.)
25 MR. HOLT: (Votes yea.)
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
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1 MR. JONES: (Votes yea.)
2 MR. BROWN: (Votes yea.)
3 MR. DAVIS: (Votes yea.)
4 DR. GAFFNEY: (Votes yea.)
5 MR. REDMAN: (Votes yea.)
6 (Committee ballot closed.)
7 THE CHAIRMAN: Close the ballot and record
8 the vote.
9 MS. LAHMEUR: Six yeas, zero nays.
10 THE CHAIRMAN: By your action, you have
11 passed 2009-495.
12 Page 6. 2009-515 is deferred. 2009-516 is
13 deferred. -517 is deferred.
14 Page 7. All of page 7 is deferred.
15 Page 8. -522 is deferred, as well as -523,
16 -524, and -525.
17 Page 9. Items 25, 26, and 27 are
18 deferred.
19 Item 28. We're going to open the public
20 hearing.
21 Duncan Ross.
22 (Audience member approaches the podium.)
23 THE CHAIRMAN: Mr. Ross.
24 AUDIENCE MEMBER: I think I was just moving
25 up to the front for my later item.
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
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1 THE CHAIRMAN: Okay.
2 AUDIENCE MEMBER: Can you just restate the
3 ordinance that we're hearing at the moment?
4 THE CHAIRMAN: It's 2009-529. This is the
5 land use portion of it.
6 AUDIENCE MEMBER: You were moving very
7 fast.
8 THE CHAIRMAN: We're going to open and
9 continue this, and I guess you could probably
10 speak with the Planning Department about what to
11 do next on this.
12 AUDIENCE MEMBER: If I could just address
13 the -- through the Chair --
14 THE CHAIRMAN: Sure.
15 AUDIENCE MEMBER: -- if I could just address
16 the committee?
17 Duncan Ross, 13901 Sutton Park Drive.
18 I'm the agent for the applicant, who
19 couldn't be here today. He's -- has a large
20 project in Wyoming that he's -- been taking a
21 lot of his time lately, so he's out of state.
22 We've been trying to coordinate with him on
23 the recent activities of this land use amendment
24 and companion rezoning. I just wanted to go
25 back and let you -- kind of give some
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
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1 background.
2 We initially submitted the land use
3 amendment back in 2007. And during the -- an
4 analysis of it, we thought it would be best
5 that -- it wasn't a hurry at that time, back in
6 2007, to move forward, so we deferred it for
7 sometime and we resurrected it part of this
8 cycle. So it's been in the City system for
9 quite sometime.
10 We currently have a fair share that is
11 pending that addresses our transportation
12 impacts. The fair share is being calculated at
13 this time at about $4.8 million, and that will
14 be before you in a few weeks.
15 It's my understanding that by continuing
16 the land use amendment and rezoning that it --
17 it pretty much removes it from this current
18 semiannual cycle, which means we have to kind of
19 start off again in October, looking at a
20 possible completion date next June, and I would
21 just ask that -- from some of the comments and
22 issues that I've heard, I strongly believe that
23 we can -- regarding the PUD, if the committee
24 would be open to this, would allow the land use
25 amendment which we have asterisked to minimize
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
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1 the maximum densities of the development, and
2 keep the PUD, which is 2009-530, in committee
3 and defer that -- and we're quite willing to
4 defer that for quite sometime until we can
5 resolve those issues that we just were made
6 aware of in the last week.
7 And we really feel that there's an
8 opportunity here through the PUD to further
9 explore these issues and bring back our
10 development program, phasing and further
11 analysis on our impacts, that it would be in
12 keeping with the district councilman's concerns
13 and issues, and that would also be in line with
14 the Planning Department.
15 We have been to Planning Commission. There
16 were no speakers in opposition. They voted
17 five-zero to recommend approval, but I just
18 wanted to raise that today.
19 Through continuing the land use amendment,
20 we are essentially letting this land use
21 amendment skip a cycle and come back under a
22 reconfigured item.
23 Thank you. I'm here for any questions.
24 THE CHAIRMAN: Thank you, sir.
25 Anybody have any questions for Mr. Ross?
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1 COMMITTEE MEMBERS: (No response.)
2 THE CHAIRMAN: We're going to continue
3 this, so I would recommend you speak with the
4 Planning Department, sir.
5 MR. ROSS: Thank you.
6 THE CHAIRMAN: Thank you, sir.
7 All right. So we will continue that public
8 hearing, take no further action.
9 Page 10. Item 29, 2009-530. We will open
10 the public hearing.
11 Mr. Ross, did you want to speak again?
12 MR. ROSS: Duncan Ross, 13901 -- I'll defer
13 my questions for later.
14 THE CHAIRMAN: Okay.
15 MR. ROSS: Thank you.
16 THE CHAIRMAN: Thank you, sir.
17 All right. Item -- and that public hearing
18 is continued.
19 Item number 30, 2009-531. We'll open the
20 public hearing.
21 We have Jason Gabriel for questions only.
22 (Mr. Gabriel approaches the podium.)
23 MR. GABRIEL: Good evening.
24 Jason Gabriel, 6 Six East Bay Street,
25 Suite 500, Jacksonville, Florida.
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1 Here on behalf of the applicant. Just
2 available for any questions if you have any.
3 THE CHAIRMAN: Seeing no questions, we will
4 close that public hearing.
5 Thank you, sir.
6 I need a -- somebody to make a motion.
7 MR. DAVIS: Move the bill.
8 MR. REDMAN: Second.
9 THE CHAIRMAN: We have a motion and a
10 second on 2009-531.
11 Any questions of the speaker?
12 COMMITTEE MEMBERS: (No response.)
13 THE CHAIRMAN: Seeing none, please open the
14 ballot.
15 (Committee ballot opened.)
16 MR. HOLT: (Votes yea.)
17 MR. JONES: (Votes yea.)
18 MR. BROWN: (Votes yea.)
19 MR. DAVIS: (Votes yea.)
20 DR. GAFFNEY: (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: Six 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 passed 2009-531.
3 Item number 31, 2009-532. We will open the
4 public hearing. I have no speakers on that
5 one.
6 DR. GAFFNEY: Move the amendment.
7 MR. BROWN: Second.
8 THE CHAIRMAN: I'll close the public
9 hearing.
10 I have a motion and a second on the
11 amendment.
12 All in favor signify by saying aye.
13 COMMITTEE MEMBERS: Aye.
14 THE CHAIRMAN: Any opposed?
15 COMMITTEE MEMBERS: (No response.)
16 THE CHAIRMAN: Seeing none, --
17 MR. CROFTS: Mr. Chairman.
18 THE CHAIRMAN: -- the amendment passes.
19 I'm sorry.
20 MR. CROFTS: I was just going to ask,
21 Mr. Chairman -- pardon me -- if you wanted me to
22 read the conditions. But if you're fine, that's
23 fine. I won't read them into the record -- the
24 amendment conditions.
25 THE CHAIRMAN: I'm sorry, I got ahead of
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
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1 myself.
2 But, yeah, go ahead and read the amendment
3 and we'll get them to sign off on them.
4 MR. CROFTS: Okay. Thank you.
5 There are five conditions and they are as
6 follows:
7 Number 1, "The development shall be subject
8 to the original legal description dated
9 May 18th, 2009."
10 Number 2, "The development shall be subject
11 to the original written description dated
12 May 8th, 2009."
13 Number 3, "The development shall be subject
14 to the original site plan" -- actually that
15 would be "revised site plan dated May 8th,
16 2009."
17 Number 4, "Should a cache of artifacts or
18 evidence of Colonial era structures be
19 encountered, work should stop immediately and
20 should not continue without notification to
21 the" -- "to and approval by the Florida
22 Department of State, Division of Historic
23 Resources."
24 Number 5, "The tree removal and landscaping
25 shall be subject to Part 12 of the zoning code
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
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1 and the review and approval of the Planning and
2 Development Department."
3 Thank you.
4 THE CHAIRMAN: All right. Sorry about
5 that. That was my fault.
6 I assume that you guys are okay with all
7 the conditions?
8 MR. GABRIEL: That's correct, sir.
9 THE CHAIRMAN: All right. The amendment
10 has passed. I need a motion.
11 MR. DAVIS: Move the bill as amended.
12 DR. GAFFNEY: Second.
13 THE CHAIRMAN: Motion and a second on
14 2009-532.
15 Please open the ballot.
16 (Committee ballot opened.)
17 MR. HOLT: (Votes yea.)
18 MR. JONES: (Votes yea.)
19 MR. BROWN: (Votes yea.)
20 MR. DAVIS: (Votes yea.)
21 DR. GAFFNEY: (Votes yea.)
22 MR. REDMAN: (Votes yea.)
23 (Committee ballot closed.)
24 THE CHAIRMAN: Close the ballot and record
25 the vote.
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
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1 MS. LAHMEUR: Six yeas, zero nays.
2 THE CHAIRMAN: By your action, you have
3 passed 2009-532.
4 MR. GABRIEL: Thank you.
5 THE CHAIRMAN: 2009-533. We'll open the
6 public hearing.
7 Mr. Tony Robbins.
8 (Audience member approaches the podium.)
9 AUDIENCE MEMBER: Thank you, Chairman Holt.
10 Anthony Robbins, 13901 Sutton Park Drive.
11 Here for questions, sir.
12 THE CHAIRMAN: Questions only.
13 Any questions for Mr. Robbins?
14 COMMITTEE MEMBERS: (No response.)
15 THE CHAIRMAN: Okay. Seeing no other
16 speakers, we'll close the public hearing.
17 We have an amendment.
18 Mr. Crofts, could you read the amendment?
19 MR. CROFTS: There's been a last-minute
20 revision, and I will defer to Mr. Kelly on this
21 one.
22 MS. ELLER: (Inaudible.)
23 MR. CROFTS: The asterisk. I'm sorry.
24 We're on the land use amendment. That
25 shows I'm paying attention.
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
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1 This is -- the asterisk is basically to
2 restrict development to a limited number of
3 square feet -- which is 350,000 square feet?
4 MS. ELLER: Correct.
5 MR. CROFTS: And that's correlated to
6 impacts in terms of generation of peak hour --
7 peak hour trips. And that amendment is
8 reflected in the ordinance in a particular
9 section, as well as on the map that's attached
10 to it.
11 Thank you.
12 THE CHAIRMAN: All right. Are you okay
13 with all the conditions, sir?
14 MR. ROBBINS: Yes, sir, Mr. Chairman. Yes,
15 sir.
16 THE CHAIRMAN: All right. Seeing no
17 speakers, all in favor of the amendment signify
18 by saying aye.
19 COMMITTEE MEMBERS: Aye.
20 THE CHAIRMAN: Any opposed?
21 COMMITTEE MEMBERS: (No response.)
22 THE CHAIRMAN: By your action, the
23 amendment passes.
24 DR. GAFFNEY: Move the bill as amended.
25 MR. JONES: Second.
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
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1 THE CHAIRMAN: I have a motion and a second
2 on the bill as amended.
3 Please open the ballot.
4 (Committee ballot opened.)
5 MR. HOLT: (Votes yea.)
6 MR. JONES: (Votes yea.)
7 MR. BROWN: (Votes yea.)
8 MR. DAVIS: (Votes yea.)
9 DR. GAFFNEY: (Votes yea.)
10 MR. REDMAN: (Votes yea.)
11 (Committee ballot closed.)
12 THE CHAIRMAN: Close the ballot and record
13 the vote.
14 MS. LAHMEUR: Six yeas, zero nays.
15 THE CHAIRMAN: By your action, you have
16 passed 2009-533.
17 MR. ROBBINS: Thank you, Mr. Chairman.
18 THE CHAIRMAN: Thank you, Mr. Robbins.
19 2009-534. We will open the public
20 hearing.
21 Mr. Robbins again.
22 MR. ROBBINS: Yes, sir. For questions
23 only.
24 THE CHAIRMAN: Questions only.
25 Any questions for Mr. Robbins?
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
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1 COMMITTEE MEMBERS: (No response.)
2 THE CHAIRMAN: Seeing none, we'll close the
3 public hearing.
4 And we have an amendment. Mr. Crofts or
5 Mr. Kelly.
6 MR. KELLY: Thank you.
7 Through the Chair, the amendment is as
8 follows:
9 Condition 1, "The developer shall be
10 subject to the original legal description dated
11 May 8th, 2009."
12 Condition 2, "The developer shall be
13 subject to the original written description
14 dated June 9th, 2009."
15 Condition 3, "The developer shall be
16 subject to the original site plan dated May 8th,
17 2009."
18 Condition 4 is amended to read, "Buffers
19 along the north and east property line shall be
20 undisturbed natural buffers."
21 Condition 5 is struck and replaced with the
22 following: "Two freestanding signs may be
23 placed within the 25-foot landscape buffer
24 adjacent to I-10. The signs shall be limited to
25 200 square feet in area and a maximum height of
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
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1 45 feet. Selective planting and clearing within
2 the buffer area for maintaining sign visibility
3 shall be subject to the review and approval of
4 the Planning and Development Department."
5 Condition 6 is struck per the memo.
6 And condition 7 is the same condition that
7 correlates to the land use amendment asterisk
8 regarding the acreage and p.m. peak-hour trips,
9 so I can read that -- it's very lengthy, but --
10 THE CHAIRMAN: Anybody feel like that's
11 necessary?
12 COMMITTEE MEMBERS: (No response.)
13 THE CHAIRMAN: Are you okay with the
14 amendment, Mr. Robbins?
15 MR. ROBBINS: Yes, Mr. Chairman, I am.
16 THE CHAIRMAN: All right. Let's see. We
17 have a motion and a second on the amendment.
18 All in favor signify by saying aye.
19 COMMITTEE MEMBERS: Aye.
20 THE CHAIRMAN: Any opposed?
21 COMMITTEE MEMBERS: (No response.)
22 THE CHAIRMAN: Seeing none, the amendment
23 passes.
24 DR. GAFFNEY: Move the bill as amended.
25 THE CHAIRMAN: I have a motion and a second
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
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1 on the bill as amended.
2 Please open the ballot.
3 (Committee ballot opened.)
4 MR. HOLT: (Votes yea.)
5 MR. JONES: (Votes yea.)
6 MR. BROWN: (Votes yea.)
7 MR. DAVIS: (Votes yea.)
8 DR. GAFFNEY: (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: Six yeas, zero nays.
14 THE CHAIRMAN: By your action, you have
15 passed 2009-534.
16 MR. ROBBINS: Thank you, Mr. Chairman.
17 THE CHAIRMAN: Thank you, Mr. Robbins.
18 All right. We're on a roll now, folks.
19 Item 34, 2009-535. We'll open the public
20 hearing.
21 Ms. Johnston.
22 (Ms. Johnston approaches the podium.)
23 MS. JOHNSTON: Paige Johnson, 1301
24 Riverplace Boulevard, on behalf of the
25 applicant.
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1 If you want to keep the roll going, I will
2 be available for questions, but I'm happy to
3 highlight any information you may request.
4 THE CHAIRMAN: All right. Thank you.
5 Any questions for Ms. Johnston?
6 COMMITTEE MEMBERS: (No response.)
7 THE CHAIRMAN: None.
8 We will close the public hearing.
9 DR. GAFFNEY: Move the bill.
10 MR. BROWN: Second.
11 THE CHAIRMAN: I have a motion and a second
12 on 2009-535.
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. REDMAN: (Votes yea.)
21 (Committee ballot closed.)
22 THE CHAIRMAN: Close the ballot and record
23 the vote.
24 MS. LAHMEUR: Six yeas, zero nays.
25 THE CHAIRMAN: By your action, you have
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
55
1 passed 2009-535.
2 2009-536. Ms. Johnston again.
3 MS. JOHNSTON: Since that's being
4 continued, I didn't fill out a speaker's card.
5 THE CHAIRMAN: Okay. That's right, -536
6 is -- we're going to continue that public
7 hearing.
8 All right. Then we will take no further
9 action on that.
10 Thank you.
11 2009-537. We'll open the public hearing.
12 Ms. Johnston.
13 MS. JOHNSTON: Paige Johnston, 1301
14 Riverplace Boulevard, on behalf of the
15 applicant.
16 I will stand by for questions.
17 THE CHAIRMAN: Okay. Any questions?
18 COMMITTEE MEMBERS: (No response.)
19 THE CHAIRMAN: We don't have an amendment
20 on this, so we will close the public hearing.
21 Need a motion on the bill.
22 DR. GAFFNEY: Move the bill.
23 THE CHAIRMAN: I have a motion and --
24 MR. DAVIS: Second.
25 THE CHAIRMAN: -- a second on 2009-537.
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
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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. REDMAN: (Votes yea.)
9 (Committee ballot closed.)
10 THE CHAIRMAN: Close the ballot and record
11 the vote.
12 MS. LAHMEUR: Six yeas, zero nays.
13 THE CHAIRMAN: By your action, you have
14 passed 2009-537.
15 2009-538. We'll open the public hearing.
16 Ms. Johnston.
17 MS. JOHNSTON: Paige Johnston, 1301
18 Riverplace Boulevard, on behalf of the
19 applicant.
20 This is the companion PUD to the prior
21 ordinance and it permits commercial and light
22 industrial uses on 33 acres, consistent with the
23 land use change.
24 THE CHAIRMAN: Excellent.
25 No questions for Ms. Johnston. We will
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1 close the public hearing.
2 We have an amendment.
3 DR. GAFFNEY: Move the amendment.
4 MR. BROWN: Second.
5 THE CHAIRMAN: I have a motion and a
6 second.
7 Mr. Crofts or Mr. Kelly.
8 MR. CROFTS: The amendment consists of six
9 conditions, and I'll read them in the record, if
10 you please.
11 THE CHAIRMAN: Thank you, sir.
12 MR. CROFTS: Number 1, "The developer shall
13 be subject to the original legal description
14 dated June 1, 2009."
15 Number 2, "The developer shall be subject
16 to the revised written description dated August
17 6th, 2009."
18 Number 3, "The developer shall be subject
19 to the original site plan dated June 1st, 2009."
20 Number 4, "Truck stops, pari-mutuel betting
21 and racetracks shall be permitted subject to the
22 review and approval of the Planning and
23 Development Department with respect to the
24 Jacksonville Design Guidelines and Best
25 Practices Handbook, the North Jacksonville
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1 Shared Vision and Master Plan, and the
2 locational criteria of the future land use
3 element."
4 Condition number 5, "Perimeter and on-site
5 lighting shall conform to Section 1.7 of the
6 Jacksonville Design Guidelines and Best
7 Practices Handbook provided that the pole height
8 under Section 17.13 is limited to 45 feet, and
9 Section 17.114 shall not apply."
10 Number 6 and finally, "A portion of the
11 proposed PUD is partially located in the 50-foot
12 civilian height and hazard limitation zone for
13 the Jacksonville International Airport and is
14 situated directly in the flight path of
15 Runway 7-25. The applicant shall obtain written
16 approval from JAA for height in excess of
17 50 feet and pursuant to FAA circular
18 AC 150/5200-33B, hazardous wildlife attractants
19 on or near airports. The JAA shall be consulted
20 for construction of storm water ponds or other
21 wildlife attractants within 10,000 feet of an
22 active runway."
23 That would be it. Thank you.
24 THE CHAIRMAN: Thank you, Mr. Crofts.
25 Are you okay with all those, Ms. Johnston?
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1 MS. JOHNSTON: Yes, we are.
2 THE CHAIRMAN: You're not planning on
3 putting a racetrack out there, are you?
4 MS. JOHNSTON: No.
5 THE CHAIRMAN: I mean, it's okay if you
6 want to.
7 MS. JOHNSTON: No, we don't.
8 THE CHAIRMAN: All right.
9 MS. JOHNSTON: We had original language for
10 truck stops. And, actually, the list that he
11 had provided under that particular one, that we
12 had it listed in the permitted uses, and the
13 Planning Department requested that we be subject
14 to design guidelines and come back and have them
15 look at more specific plans, and so that's why
16 that condition came about.
17 THE CHAIRMAN: Okay. I was just joking.
18 All right. We will close that public
19 hearing.
20 We have an amendment.
21 DR. GAFFNEY: Move the bill.
22 THE CHAIRMAN: We've already moved the
23 amendment, haven't we?
24 DR. GAFFNEY: Yes.
25 THE CHAIRMAN: Okay.
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
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1 DR. GAFFNEY: Move the bill as amended.
2 THE CHAIRMAN: We haven't passed the
3 amendment, though, have we?
4 We need to -- we need to pass the
5 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 THE CHAIRMAN: None.
12 You have moved -- you have passed the
13 amendment.
14 We need --
15 MR. JONES: Move the bill as amended.
16 DR. GAFFNEY: Second.
17 THE CHAIRMAN: We have a motion and second
18 on 2009-538.
19 Could you please open the ballot.
20 (Committee ballot opened.)
21 MR. HOLT: (Votes yea.)
22 MR. JONES: (Votes yea.)
23 MR. BROWN: (Votes yea.)
24 MR. DAVIS: (Votes yea.)
25 DR. GAFFNEY: (Votes yea.)
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
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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 passed 2009-538.
8 MS. JOHNSTON: Thank you.
9 THE CHAIRMAN: Thank you, Ms. Johnston.
10 2009-539. We have Mr. Hainline.
11 We'll open the public hearing.
12 (Mr. Hainline approaches the podium.)
13 THE CHAIRMAN: Mr. Hainline.
14 MR. HAINLINE: T.R. Hainline, 1301
15 Riverplace Boulevard.
16 Happy to answer any questions.
17 THE CHAIRMAN: Seeing no questions, we will
18 close the public hearing.
19 We have an amendment. Mr. Crofts or
20 Mr. Kelly.
21 MR. CROFTS: The amendment in this
22 particular development, again, restricts
23 specifically the -- actually, the amendment in
24 this case -- I'm sorry -- is actually adding a
25 whereas clause into the -- corrects the whereas
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1 clause regarding the off-site impacts of this
2 development, making it a little bit more generic
3 and appropriate and consistent with the
4 development and its generating impacts, so
5 it's -- it's a modification for a whereas clause
6 that makes sense and is appropriate in this
7 case.
8 THE CHAIRMAN: All right. I need a motion
9 and a second on that amendment.
10 MR. JONES: So moved.
11 MR. REDMAN: Second.
12 THE CHAIRMAN: We have a motion and a
13 second on the amendment.
14 All in favor of the amendment signify by
15 saying aye.
16 COMMITTEE MEMBERS: Aye.
17 THE CHAIRMAN: Any opposed?
18 COMMITTEE MEMBERS: (No response.)
19 THE CHAIRMAN: Seeing none, the amendment
20 passes.
21 DR. GAFFNEY: Move the bill as amended.
22 DR. GAFFNEY: Second.
23 THE CHAIRMAN: I have a motion and a second
24 on the bill as amended.
25 Please open the ballot.
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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. REDMAN: (Votes yea.)
8 (Committee ballot closed.)
9 THE CHAIRMAN: Close the ballot and record
10 the vote.
11 MS. LAHMEUR: Six yeas, zero nays.
12 THE CHAIRMAN: By your action, you have
13 passed 2009-539.
14 Number 39, 2009-540. We will open the
15 public hearing.
16 Seeing no speakers other than
17 Mr. Hainline, any questions for him?
18 COMMITTEE MEMBERS: (No response.)
19 THE CHAIRMAN: We will close the public
20 hearing.
21 Is this a separate amendment, Mr. Crofts,
22 or is it --
23 MR. CROFTS: Yes, it is. There are four
24 conditions to the PUD.
25 THE CHAIRMAN: Okay.
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
64
1 MR. CROFTS: They are as follows, if you
2 please:
3 Item number 1, "The development shall be
4 subject to the original legal description dated
5 June 1st, 2009."
6 Number 2, "The development shall be subject
7 to the revised written description dated July
8 23rd 2009."
9 Number 3, "The development shall be subject
10 to the revised site plan dated July 15th, 2009."
11 Fourth and finally, "The development shall
12 be subject to the review and approval of the
13 Development Services memorandum dated July 9th,
14 2009, or as otherwise approved by the Planning
15 and Development Department."
16 That's it.
17 THE CHAIRMAN: All right. You okay with
18 all those, Mr. Hainline?
19 MR. HAINLINE: Yes, sir.
20 THE CHAIRMAN: Excellent.
21 We need a motion on the amendment.
22 MR. JONES: So moved.
23 DR. GAFFNEY: Second.
24 THE CHAIRMAN: I have a motion and a second
25 on the amendment on 2009-540.
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
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1 All in favor signify by saying aye.
2 COMMITTEE MEMBERS: Aye.
3 THE CHAIRMAN: Any opposed?
4 COMMITTEE MEMBERS: (No response.)
5 THE CHAIRMAN: By your action, you have
6 passed the amendment.
7 DR. GAFFNEY: Move the bill as amended.
8 MR. JONES: Second.
9 THE CHAIRMAN: Motion and a second on the
10 bill as amended.
11 Please open the ballot.
12 (Committee ballot opened.)
13 MR. HOLT: (Votes yea.)
14 MR. JONES: (Votes yea.)
15 MR. BROWN: (Votes yea.)
16 MR. DAVIS: (Votes yea.)
17 DR. GAFFNEY: (Votes yea.)
18 MR. REDMAN: (Votes yea.)
19 (Committee ballot closed.)
20 THE CHAIRMAN: Close the ballot and record
21 the vote.
22 MS. LAHMEUR: Six yeas, zero nays.
23 THE CHAIRMAN: By your action, you have
24 passed 2009-540.
25 Item number 40, 2009-541. We'll open the
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
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1 public hearing.
2 (Ms. Johnston approaches the podium.)
3 THE CHAIRMAN: Ms. Johnston.
4 MS. JOHNSTON: Paige Johnston, 1301
5 Riverplace Boulevard, on behalf of the
6 applicant.
7 This is a land use amendment to annex
8 property into the Northwood regional activity
9 center. There's another application that's
10 coming up after this for 2009-543, which is
11 actually taking property out of the Northwood
12 regional activity center.
13 The net effect is to reduce the overall
14 size of the regional activity center from
15 1,600 acres to approximately 900 acres.
16 I'll stand by for questions.
17 THE CHAIRMAN: Okay. Any questions for
18 Ms. Johnston?
19 COMMITTEE MEMBERS: (No response.)
20 THE CHAIRMAN: All right. Well, we'll
21 close the public hearing.
22 Hang in there for a second.
23 And, Mr. Crofts or Mr. Kelly, do you want
24 to read the amendment for Ms. Johnston?
25 MR. CROFTS: The amendment in this
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
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1 particular case is an asterisk, and that
2 asterisk, in a summary form, again, outlines the
3 overall acreage for the project, the multiuse
4 project, if you will. It talks about the
5 maximum square footage, 350,000 square feet. It
6 talks about the hotel rooms and the square feet
7 for office space, light industrial, and the
8 other uses that are allowed in the development.
9 It specifies these uses not only in the
10 ordinance, but also on the attached map.
11 THE CHAIRMAN: Okay. Ms. Johnston. You
12 okay with all those?
13 MS. JOHNSTON: Yes. We're familiar with
14 them.
15 THE CHAIRMAN: Okay. We will close the
16 public hearing and move the amendment.
17 MR. JONES: Move the amendment.
18 DR. GAFFNEY: Second.
19 THE CHAIRMAN: We have a motion and a
20 second on the amendment.
21 All those in favor signify by saying aye.
22 COMMITTEE MEMBERS: Aye.
23 THE CHAIRMAN: Any opposed?
24 COMMITTEE MEMBERS: (No response.)
25 THE CHAIRMAN: None. The amendment
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
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1 passes.
2 DR. GAFFNEY: Move the bill as amended.
3 MR. JONES: Second.
4 THE CHAIRMAN: I have a motion and a second
5 on the bill as amended.
6 Please open the ballot.
7 (Committee ballot opened.)
8 MR. HOLT: (Votes yea.)
9 MR. JONES: (Votes yea.)
10 MR. BROWN: (Votes yea.)
11 MR. DAVIS: (Votes yea.)
12 DR. GAFFNEY: (Votes yea.)
13 MR. REDMAN: (Votes yea.)
14 (Committee ballot closed.)
15 THE CHAIRMAN: Close the ballot and record
16 the vote.
17 MS. LAHMEUR: Six yeas, zero nays.
18 THE CHAIRMAN: By your action, you have
19 passed 2009-541.
20 -542. We'll open the public hearing.
21 Ms. Johnston, for questions?
22 MS. JOHNSTON: Yes, sir.
23 THE CHAIRMAN: Okay. We'll close the
24 public hearing.
25 Mr. Crofts, can you read the amendment for
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
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1 Ms. Johnston?
2 MR. CROFTS: I'd be glad to.
3 The amendments are as follows:
4 Condition 1, "The development shall be
5 subject to the original legal description dated
6 June 1, 2009."
7 Number 2, "The development shall be subject
8 to the revised written description dated August
9 6th, 2009."
10 Number 3, "The development shall be subject
11 to the revised site plan dated July 17th, 2009."
12 And, finally, number 4, "The development
13 shall be subject to the review and approval of
14 the Development Services Division, pursuant to
15 their memorandum dated July 22nd, 2009, as well
16 as the Transportation Planning Division
17 memorandum dated July 4th, 2009, as well as the
18 Recreation and Community Services Department,
19 pursuant to their memorandum dated August 3rd,
20 2009," with the -- including the following
21 amendment to their condition 5 in that
22 memorandum, which will state as follows, "That a
23 25-foot undisturbed natural vegetative buffer is
24 maintained. The developer agrees that it will
25 not install a fence along the property line to
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
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1 preserve the viewshed unless otherwise agreed to
2 by the Recreation and Community Services
3 Department and the developer." And, finally,
4 there's a final clause, "or as otherwise
5 approved by the Planning and Development
6 Department," in this condition.
7 That constitutes the amendment.
8 Thank you.
9 THE CHAIRMAN: Any questions on any of
10 those?
11 COMMITTEE MEMBERS: (No response.)
12 THE CHAIRMAN: None. Okay.
13 So we'll close the public hearing, and we
14 need to move the amendment.
15 MR. JONES: Move the amendment.
16 DR. GAFFNEY: Second.
17 THE CHAIRMAN: We have a motion and a
18 second on the amendment.
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 passed the amendment.
25 We need a motion on the bill.
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
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1 MR. JONES: Move the bill as amended.
2 DR. GAFFNEY: Second.
3 THE CHAIRMAN: I have a motion and a second
4 on the bill.
5 Please open the ballot.
6 (Committee ballot opened.)
7 MR. HOLT: (Votes yea.)
8 MR. JONES: (Votes yea.)
9 MR. BROWN: (Votes yea.)
10 MR. DAVIS: (Votes yea.)
11 DR. GAFFNEY: (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: Six yeas, zero nays.
17 THE CHAIRMAN: By your action, you have
18 passed -- 2009-542, we're on, right?
19 MS. ELLER: Correct.
20 THE CHAIRMAN: Okay. 2009-543. We'll open
21 the public hearing.
22 Seeing no questions, we will close the
23 public hearing.
24 Move the amendment.
25 MR. JONES: Move the amendment.
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
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1 DR. GAFFNEY: Second.
2 THE CHAIRMAN: Motion and second on the
3 amendment.
4 Mr. Crofts or Mr. Kelly.
5 MR. CROFTS: The amendment on this bill is
6 an annotated future land use map asterisk that
7 limits the development to 4,775,000 square feet
8 of light industrial and supporting uses. That
9 would be reflected in the ordinance as well as
10 the -- the attached map to the bill.
11 THE CHAIRMAN: Excellent.
12 You okay with that, Ms. Johnston?
13 MS. JOHNSTON: Yes.
14 We'll just stand by for questions.
15 THE CHAIRMAN: All right. We have a motion
16 and a second on the amendment.
17 All in favor signify by saying aye.
18 COMMITTEE MEMBERS: Aye.
19 THE CHAIRMAN: Any opposed?
20 COMMITTEE MEMBERS: (No response.)
21 THE CHAIRMAN: Seeing none, the amendment
22 passes.
23 Move the bill.
24 MR. JONES: Move the bill.
25 THE CHAIRMAN: We've got a motion and --
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
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1 MR. REDMAN: Second.
2 THE CHAIRMAN: -- second on the bill as
3 amended.
4 Please open the ballot.
5 (Committee ballot opened.)
6 MR. HOLT: (Votes yea.)
7 MR. JONES: (Votes yea.)
8 MR. BROWN: (Votes yea.)
9 MR. DAVIS: (Votes yea.)
10 DR. GAFFNEY: (Votes yea.)
11 MR. REDMAN: (Votes yea.)
12 (Committee ballot closed.)
13 THE CHAIRMAN: Close the ballot and record
14 the vote.
15 MS. LAHMEUR: Six yeas, zero nays.
16 THE CHAIRMAN: By your action, you have
17 passed 2009-543.
18 -544. Open the public hearing.
19 Ms. Johnston. No questions. Close the public
20 hearing.
21 Move the amendment -- Mr. Crofts.
22 MR. CROFTS: The amendment is four
23 conditions and they are as follows:
24 Number 1, "The development shall be subject
25 to the original legal description dated June 1,
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
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1 2009."
2 Number 2, "The development shall be subject
3 to the revised written description dated
4 July 29th, 2009."
5 Number 3, "The development shall be subject
6 to the revised site plan dated July 17th, 2009."
7 Fourth and finally, "The development shall
8 be subject to the review and approval of the
9 Development Services Division, pursuant to their
10 memorandum dated July 22nd, 2009, the
11 Transportation Planning Division memorandum
12 dated July 24th, 2009, or as otherwise approved
13 by the Planning and Development Department."
14 That's it.
15 THE CHAIRMAN: Thank you, Mr. Crofts.
16 We have a motion and second on the
17 amendment.
18 All in favor signify by saying aye.
19 COMMITTEE MEMBERS: Aye.
20 THE CHAIRMAN: Any opposed?
21 COMMITTEE MEMBERS: (No response.)
22 THE CHAIRMAN: Seeing none, the amendment
23 passes.
24 We need a motion on the bill.
25 MR. JONES: Move the bill as amended.
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
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1 DR. GAFFNEY: Second.
2 THE CHAIRMAN: I have a motion and second
3 on the bill as amended.
4 Please open the ballot.
5 (Committee ballot opened.)
6 MR. HOLT: (Votes yea.)
7 MR. JONES: (Votes yea.)
8 MR. BROWN: (Votes yea.)
9 MR. DAVIS: (Votes yea.)
10 DR. GAFFNEY: (Votes yea.)
11 MR. REDMAN: (Votes yea.)
12 (Committee ballot closed.)
13 THE CHAIRMAN: Close the ballot and record
14 the vote.
15 MS. LAHMEUR: Six yeas, zero nays.
16 THE CHAIRMAN: By your action, you have
17 passed 2009-544.
18 MS. JOHNSTON: Thank you.
19 THE CHAIRMAN: 2009-545. We'll open the
20 public hearing.
21 We have Shawn Bliss.
22 (Mr. Bliss approaches the podium.)
23 THE CHAIRMAN: How are you doing,
24 Mr. Bliss?
25 MR. BLISS: Great.
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
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1 How are you?
2 THE CHAIRMAN: Good.
3 MR. BLISS: Shawn Bliss, 13901 Sutton Park
4 Drive, Suite 200.
5 THE CHAIRMAN: Here for questions only?
6 MR. BLISS: Here for questions only.
7 THE CHAIRMAN: All right. We don't have
8 any questions.
9 We will close that public hearing.
10 I need a motion.
11 DR. GAFFNEY: Move the bill.
12 MR. JONES: Move the bill.
13 THE CHAIRMAN: Motion and a second on
14 2009-545.
15 Please open the ballot.
16 (Committee ballot opened.)
17 MR. HOLT: (Votes yea.)
18 MR. JONES: (Votes yea.)
19 MR. BROWN: (Votes yea.)
20 MR. DAVIS: (Votes yea.)
21 DR. GAFFNEY: (Votes yea.)
22 MR. REDMAN: (Votes yea.)
23 (Committee ballot closed.)
24 THE CHAIRMAN: Close the ballot and record
25 the vote.
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1 MS. LAHMEUR: Six yeas, zero nays.
2 THE CHAIRMAN: By your action, you have
3 passed 2009-545.
4 2009-546. We'll open the public hearing.
5 Mr. Bliss. No questions. We will close
6 the public hearing.
7 We have an amendment. Mr. Crofts.
8 MR. CROFTS: The amendment consists of
9 three conditions, and they are as follows:
10 "The developer shall be subject to the
11 original legal description dated May 18th,
12 2009."
13 Number 2, "The developer shall be subject
14 to the original site plan dated May 18th, 2009."
15 Number 3, "The developer shall be subject
16 to the revised written description dated August
17 4th, 2009."
18 Fourth and finally, "The required
19 transportation improvements shall be made in
20 accordance with the Development Services
21 memorandum dated July 10th, 2009, specifically
22 deleting item number 3 of said memorandum, or as
23 otherwise approved by the Planning and
24 Development Department."
25 That's four conditions.
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1 Thank you.
2 THE CHAIRMAN: Thank you, Mr. Crofts.
3 I'm sorry, I didn't see Mr. Jones come up.
4 I'm going to reopen that public hearing.
5 Mr. Jones, you need to declare
6 quasi-judicial?
7 MR. JONES: Yes, sir.
8 I had an ex-parte communication with -- I'm
9 trying to think of his name now.
10 It wasn't you, Mr. Bliss.
11 MR. BLISS: Ron Buckley?
12 MR. JONES: Buckley.
13 To discuss the planned use of this
14 building, former school, and also with
15 representatives from the RAP organization, who
16 was concerned with the use of it too, basically
17 just reviewed the development.
18 Thank you.
19 THE CHAIRMAN: Thank you, Mr. Jones.
20 We will close the public hearing, and we
21 need to move the amendment.
22 MR. JONES: Move the amendment.
23 DR. GAFFNEY: Second.
24 THE CHAIRMAN: I have a motion and a second
25 on the amendment.
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1 All in favor signify by saying aye.
2 COMMITTEE MEMBERS: Aye.
3 THE CHAIRMAN: Any opposed?
4 COMMITTEE MEMBERS: (No response.)
5 THE CHAIRMAN: The amendment passes.
6 MR. JONES: Move the bill as amended.
7 DR. GAFFNEY: Second.
8 THE CHAIRMAN: I have a motion and a 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. BROWN: (Votes yea.)
15 MR. DAVIS: (Votes yea.)
16 DR. GAFFNEY: (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: Six yeas, zero nays.
22 THE CHAIRMAN: By your action, you have
23 passed 2009-546.
24 Thank you, Mr. Bliss.
25 MR. BLISS: Thank you.
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
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1 THE CHAIRMAN: 2009-547. We'll open the
2 public hearing.
3 Seeing no speakers, we will close the
4 public hearing.
5 Need a motion on the bill.
6 MR. DAVIS: Move the bill.
7 DR. GAFFNEY: Second.
8 THE CHAIRMAN: I have a motion and second
9 on 2009-547.
10 Seeing no speakers, we'll open the ballot.
11 (Committee ballot opened.)
12 MR. HOLT: (Votes yea.)
13 MR. JONES: (Votes yea.)
14 MR. BROWN: (Votes yea.)
15 MR. DAVIS: (Votes yea.)
16 DR. GAFFNEY: (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: Six yeas, zero nays.
22 THE CHAIRMAN: By your action, you have
23 passed 2009-547.
24 We have already handled item 47.
25 Item 48, 2009-609. I need a motion on the
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1 bill.
2 MR. JONES: Move it.
3 DR. GAFFNEY: Second.
4 THE CHAIRMAN: A motion and a second on
5 2009-609.
6 Any speakers?
7 AUDIENCE MEMBERS: (No response.)
8 THE CHAIRMAN: None.
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. REDMAN: (Votes yea.)
17 (Committee ballot closed.)
18 THE CHAIRMAN: Close the ballot and record
19 the vote.
20 MS. LAHMEUR: Six yeas, zero nays.
21 THE CHAIRMAN: By your action, you have
22 passed 2009-609.
23 2009-610.
24 MR. JONES: Move approval.
25 DR. GAFFNEY: Second.
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1 THE CHAIRMAN: I have a motion and a second
2 on 2009-610.
3 Please open the ballot.
4 (Committee ballot opened.)
5 MR. HOLT: (Votes yea.)
6 MR. JONES: (Votes yea.)
7 MR. BROWN: (Votes yea.)
8 MR. DAVIS: (Votes yea.)
9 DR. GAFFNEY: (Votes yea.)
10 MR. REDMAN: (Votes yea.)
11 (Committee ballot closed.)
12 THE CHAIRMAN: Close the ballot and record
13 the vote.
14 MS. LAHMEUR: Six yeas, zero nays.
15 THE CHAIRMAN: By your action, you have
16 passed 2009-610.
17 2009-612. We will open the public
18 hearing.
19 We have Randy Gallup --
20 (Mr. Gallup approaches the podium.)
21 THE CHAIRMAN: -- for questions only?
22 MR. GALLUP: Good evening.
23 Randy Gallup, 2823 Alaska Way, here on
24 behalf of Williams & Rowe for any questions.
25 THE CHAIRMAN: Thank you, Mr. Gallup.
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1 We have no questions, so we will close that
2 public hearing.
3 I need a motion on the bill.
4 DR. GAFFNEY: Move the bill.
5 MR. BROWN: Second.
6 THE CHAIRMAN: I have a motion and second
7 on 2009-612.
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. REDMAN: (Votes yea.)
16 (Committee ballot closed.)
17 THE CHAIRMAN: Close the ballot and record
18 the vote.
19 MS. LAHMEUR: Six yeas, zero nays.
20 THE CHAIRMAN: By your action, you have
21 passed -612.
22 2009-613. We will open the public hearing.
23 Mr. Gallup for questions only.
24 Seeing no questions, we will close the
25 public hearing.
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1 We need a motion on the bill.
2 DR. GAFFNEY: Move the bill.
3 MR. JONES: Second.
4 THE CHAIRMAN: I have a motion and second
5 on -613.
6 Please open the ballot.
7 (Committee ballot opened.)
8 MR. HOLT: (Votes yea.)
9 MR. JONES: (Votes yea.)
10 MR. BROWN: (Votes yea.)
11 MR. DAVIS: (Votes yea.)
12 DR. GAFFNEY: (Votes yea.)
13 MR. REDMAN: (Votes yea.)
14 (Committee ballot closed.)
15 THE CHAIRMAN: Close the ballot and record
16 the vote.
17 MS. LAHMEUR: Six yeas, zero nays.
18 THE CHAIRMAN: By your action, you have
19 passed -613.
20 MR. GALLUP: Thank you.
21 THE CHAIRMAN: 2009-614 -- thank you,
22 Mr. Gallup -- we will open the public hearing.
23 Seeing no speakers, we will close the
24 public hearing.
25 MR. DAVIS: Move the bill.
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1 DR. GAFFNEY: Second.
2 THE CHAIRMAN: I have a motion and second
3 on -614.
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. REDMAN: (Votes yea.)
12 (Committee ballot closed.)
13 THE CHAIRMAN: Close the ballot and record
14 the vote.
15 MS. LAHMEUR: Six yeas, zero nays.
16 THE CHAIRMAN: By your action, you have
17 passed 2009-614.
18 Page 16. Item 53, 2009-621. We will open
19 the public hearing.
20 No speakers. We will close the public
21 hearing.
22 I need a motion on the bill.
23 MR. DAVIS: Move the bill.
24 DR. GAFFNEY: Second.
25 THE CHAIRMAN: Motion and second on
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1 2009-621.
2 Please open the ballot.
3 (Committee ballot opened.)
4 MR. HOLT: (Votes yea.)
5 MR. JONES: (Votes yea.)
6 MR. BROWN: (Votes yea.)
7 MR. DAVIS: (Votes yea.)
8 DR. GAFFNEY: (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: Six yeas, zero nays.
14 THE CHAIRMAN: By your action, you have
15 passed 2009-621.
16 And I believe everything else is second and
17 rereferred, so if there's no other action, we
18 will adjourn.
19 (The above proceedings were adjourned at
20 6:18 p.m.)
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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 23rd day of August, 2009.
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14 Diane M. Tropia
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Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203