1 CITY OF JACKSONVILLE
2 LAND USE AND ZONING
3 COMMITTEE
4
5
6 Proceedings held on Tuesday, June 2, 2009,
7 commencing at 5:04 p.m., City Hall, Council Chambers,
8 1st Floor,
9 Tropia, a Notary Public in and for the State of
10
11
12 PRESENT:
13 ART GRAHAM, Chair.
STEPHEN JOOST, Vice Chair.
14 REGINALD BROWN, Committee Member.
JOHNNY GAFFNEY, Committee Member.
15 JACK WEBB, Committee Member.
DON REDMAN, Committee Member.
16
17 ALSO PRESENT:
18 JOHN CROFTS, Deputy Director, Planning Dept.
SEAN KELLY, Chief, Current Planning.
19 KEN AVERY, Planning and Development Dept.
FOLKS HUXFORD, Zoning Administrator.
20 DYLAN REINGOLD, Office of General Counsel.
MARILYN ALLEN, Legislative Assistant.
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 June 2, 2009 5:04 p.m.
3 - - -
4 THE CHAIRMAN: Good afternoon, everyone.
5 Let the record show it is 5:04 on Tuesday,
6 June the 2nd. This is the Land Use and Zoning
7 Committee.
8 If we start over here on my right with John
9 Crofts, let's introduce ourselves.
10 MR. CROFTS: My name is John Crofts, and
11 I'm representing the Planning and Development
12 Department.
13 MR. HUXFORD: Folks Huxford with the
14 Planning and Development Department.
15 MR. AVERY: Ken Avery, Planning and
16 Development Department.
17 MR. REINGOLD: Dylan Reingold with the
18 Office of General Counsel.
19 MR. REDMAN: Don Redman, Council
20 District 4.
21 DR. GAFFNEY: Councilman Gaffney,
22 District 7.
23 THE CHAIRMAN: Art Graham, Council
24 District 13.
25 MR. JOOST: Stephen Joost, Group 3
Diane M.
Tropia,
3
1 at-large.
2 MS. BROWN: Reginald Brown, Council
3 District 10.
4 MR. WEBB: Jack Webb, District Council 6.
5 THE CHAIRMAN: Okay. Let's get started.
6 Top of page 2. 2006-24. We've got a
7 letter from the applicant to -- you about ready
8 to get started?
9 MR. JOOST: Yes, sir.
10 MR. WEBB: Sorry, Mr. Chairman.
11 THE CHAIRMAN: We've got a letter from the
12 applicant that he wants to get this referred
13 over to the Historic Preservation Commission to
14 work through some issues, and I was just going
15 to refer it over there. I was told -- advice of
16 OGC that we had to have a public meeting on --
17 specifically on that request.
18 And that being said, we will open that
19 public hearing. If anybody wants to speak
20 specifically to that request, I will call you
21 down. If not, we will close that public hearing
22 and -- if I can get the committee to grant that
23 request, then we'll do that. If the committee
24 does not wish to grant that request, we will
25 reopen the public hearing and we'll hear the
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
4
1 appeal as it stands.
2 Mr. Reingold.
3 MR. REINGOLD: Just one other thing to add
4 to that. In the ordinance code, it talks about
5 remanding it back with specific instructions
6 back to the commission, so the committee may
7 want to consider what sort of specific
8 instructions it would want to provide to the
9 JHPC.
10 THE CHAIRMAN: Okay. Thank you.
11 We will open that public hearing. The
12 first one I have is Kay Ehas.
13 If you want to speak to the refer back to
14 committee --
15 MS. EHAS: Can I pass on to Carmen Godwin?
16 THE CHAIRMAN: She's next.
17 Carmen.
18 (Ms. Godwin approaches the podium.)
19 MS. GODWIN: Do I need to state my name for
20 the record?
21 THE CHAIRMAN: Yes. Name and address.
22 MS. GODWIN: Carmen Godwin, 2623 Herschel
23 Street.
24 I'm here on behalf of Riverside Avondale
25 Preservation, and we are in support of referring
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
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1 this matter back to the JHPC for a full review.
2 We are not in favor of limiting the scope of
3 that review as we believe the JHPC should be
4 able to consider all available evidence and
5 options.
6 Thank you.
7 THE CHAIRMAN: Very good. I like it short
8 and sweet.
9 Jennifer Mansfield.
10 (Audience member approaches the podium.)
11 AUDIENCE MEMBER: Jennifer Mansfield, 2043
12 College Street.
13 Just to reiterate what Carmen Godwin said,
14 that I agree with that, that the JHPC should
15 have all available evidence and options
16 available to it on the remand.
17 THE CHAIRMAN: Thank you.
18 Jeffrey Graf.
19 AUDIENCE MEMBER: Waive.
20 THE CHAIRMAN: Thank you, sir.
21 Let the record show that he waived his
22 comments.
23 Paul Bremer.
24 AUDIENCE MEMBER: I'll waive at this time.
25 Thank you.
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
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1 THE CHAIRMAN: Thank you, sir.
2 Let the record indicate that Mr. Bremer
3 waives as well.
4 That's all the speaker cards that I have.
5 I will close that public hearing. If I can get
6 a motion --
7 MR. WEBB: Move to refer to Jacksonville
8 Historic Preservation.
9 MR. JOOST: Second.
10 THE CHAIRMAN: It's been moved and seconded
11 to refer to the Jacksonville Preservation
12 Commission.
13 I think we need to give them some sort of
14 direction. If I could get Mr. Teal to -- where
15 did he go?
16 Mr. Reingold, go ahead.
17 MR. REINGOLD: Well, to the committee, what
18 I heard from the audience today was essentially
19 that -- sort of they wanted to have JHPC explore
20 all of the available, one, options, and, two,
21 explore all the evidence available, so that
22 could be itself the instructions that -- to
23 refer it back to JHPC with the specific
24 instructions that they consider all of the
25 available options and all of the available
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
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1 evidence.
2 THE CHAIRMAN: Is that the motion that I
3 heard?
4 MR. WEBB: Yes, sir.
5 THE CHAIRMAN: And that was seconded?
6 MR. JOOST: Second, yes.
7 THE CHAIRMAN: I just wanted to add to
8 that -- and I guess this is more for the owner.
9 We were told by General Counsel today at the
10 agenda meeting that there needs to be a plan
11 brought before the Historic Preservation
12 Commission and they need to make a determination
13 basically yes or no off of that plan.
14 You do have the option of going before them
15 and asking them for some input if you're looking
16 for some direction, but there needs to be a plan
17 that's put together that they need to either
18 support or not support. And, of course, they
19 can make amendments off that plan, but -- you
20 know, so it may have to be a two-step process
21 for you. If you just wanted to get their input
22 or if you think you know what they want, you can
23 come forward with a plan and then they can vote
24 it up or down or amend it, but that's just a
25 little informational knowledge for you.
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
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1 That all being said, it's been moved and
2 seconded. If there's no other discussion,
3 please open the ballot.
4 (Committee ballot opened.)
5 MR. GRAHAM: (Votes yea.)
6 MR. JOOST: (Votes yea.)
7 MR. BROWN: (Votes yea.)
8 DR. GAFFNEY: (Votes yea.)
9 MR. REDMAN: (Votes yea.)
10 MR. WEBB: (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 remanded 2006-24 back to the Jacksonville
17 Historic Preservation Commission.
18 And I want to thank you guys all for coming
19 down.
20 2008-541 is deferred. -542 is deferred.
21 Top of page 3. -549, -550 are both
22 deferred.
23 2008-552. We will open that public
24 hearing.
25 (Mr. Harden approaches the podium.)
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1 THE CHAIRMAN: Someone didn't fill out a
2 speaker card.
3 MR. HARDEN: I filled one out.
4 THE CHAIRMAN: Okay. Name and address for
5 the record and --
6 MR. HARDEN: I'll fill another one out.
7 THE CHAIRMAN: I think we need another one
8 when you're done.
9 MR. HARDEN: All right. Paul Harden,
10 501 Riverside Avenue.
11 This is a companion rezoning to a comp plan
12 amendment that was passed sometime ago. There
13 are amended conditions that I think Mr. Kelly
14 provided to each of you, although there are some
15 slight amendments to those per Mr. Reingold's
16 input. There is also an amended written
17 description that's attached to the amended
18 conditions dated June 2nd, 2009.
19 The only two things of note in the amended
20 conditions are that there will be a Dunn Avenue
21 right in and right out, and the other conditions
22 are amended to assume that. And then the
23 written description just clarifies that it's
24 all -- that it's going to be a service station
25 on the site. Other than that, it's the matters
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
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1 that have been pending before you for sometime.
2 THE CHAIRMAN: Okay. No other speakers.
3 We will close that public hearing.
4 Hold tight.
5 MR. WEBB: Move the amendment.
6 MR. JOOST: Second.
7 THE CHAIRMAN: It's been moved and
8 seconded.
9 I guess we need to hear the amendment for
10 the record -- or the amendment to the amendment
11 for the record.
12 MR. KELLY: Thank you.
13 Through the Chair, the amendment is as
14 follows:
15 Condition 1, "The development shall be
16 subject to the original legal description dated
17 November 19th, 2007."
18 Condition 2, "The development shall be
19 subject to the revised written description dated
20 June 2nd, 2009."
21 Condition 3, "The development shall be
22 subject to the revised site plan dated February
23 23rd, 2009.
24 "A right in/right out along Dunn Avenue, as
25 may be approved by the Florida Department of
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11
1 Transportation, may be permitted."
2 Condition 4 --
3 MR. HARDEN: Actually, that's condition 5.
4 Three and 4 were split into two conditions --
5 3 was split into two conditions.
6 MR. KELLY: Okay. Thank you.
7 Four was the right in/right out?
8 MR. HARDEN: Yes, sir.
9 MR. KELLY: Condition 5, "Landscaping shown
10 on the February 23rd, 2009, site plan shall be
11 relocated to provide for the construction of the
12 right in/right out facility subject to approval
13 of the Planning and Development Department."
14 Condition 6, "The full access driveway to
15 Briarcliff Road East shall be located at the
16 north end of the property, across from the
17 existing full access driveway at the Publix
18 shopping center."
19 Condition 7, "Access to Wake Forest Avenue
20 shall be located at a minimum of 100 feet from
21 the edge of the outside travel lane of
22 Dunn Avenue and shall designated that a left
23 turn out is prohibited."
24 Condition 8, "The development shall
25 be allowed one internally- or
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1 externally-illuminated sign not to exceed
2 200 square feet in area and 35 feet in height.
3 Wall signs may face Dunn Avenue and Briarcliff
4 only."
5 And then condition 9, "All sag lenses, drop
6 lenses and convex lenses shall be prohibited.
7 "Illumination levels at all property lines
8 shall not exceed one-half footcandle when the
9 building or parking areas are located adjacent
10 to residential uses and shall not exceed one
11 footcandle when abutting other nonresidential
12 properties.
13 "All lighting, lamp sources within the
14 parking/pedestrian areas shall be metal halide
15 or compact fluorescent.
16 "The maximum light pole height in all
17 parking areas should not exceed 30 feet.
18 "An exterior lighting design plan for each
19 project, including a photometrics plan, pole
20 fixture schedules, shall be submitted at the
21 time of verification of substantial compliance
22 for review and approval of the Planning and
23 Development Department."
24 Those are the conditions.
25 THE CHAIRMAN: Mr. Harden, of course the
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
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1 sheet I have in front of me, I only have the
2 first eight. I didn't have -- actually, I only
3 have the first seven. I didn't have 8 and 9.
4 MR. HARDEN: Eight and nine were conditions
5 that were previously approved by the Planning
6 Commission and proposed by the Planning
7 Department. They were inadvertently left off
8 the list. The councilwoman --
9 THE CHAIRMAN: So you're in agreement with
10 all those conditions as read?
11 MR. HARDEN: I am.
12 Let me just clarify. This is just -- I
13 don't want there to be -- number 6, the access
14 driveway to Briarcliff shall be located across
15 from the Publix center, let's just take out
16 the "south and north end" so there's no
17 confusion.
18 MR. KELLY: (Inaudible.)
19 MR. HARDEN: Yeah, there's only one.
20 THE CHAIRMAN: You need to say that again
21 on the record.
22 MR. KELLY: The site plan on Briarcliff, if
23 you look at the revised site plan dated February
24 23rd, there's a -- I guess a misalignment
25 between the Publix access and the proposed CVS
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1 access.
2 The intent is to line those driveways up
3 and not push the driveway further south where
4 the retention area is, so -- just that the
5 driveway shall align with the Publix driveway.
6 That's actually a right in/right out on the
7 Publix there, so --
8 THE CHAIRMAN: Is that the Publix just east
9 of it?
10 MR. KELLY: Correct.
11 THE CHAIRMAN: Okay.
12 MR. KELLY: So the full access is --
13 MR. HARDEN: There's a CVS and an outparcel
14 there that you're looking at, Mr. Chairman.
15 THE CHAIRMAN: Okay.
16 MR. KELLY: Well, based on the site plan, I
17 don't see how that driveway could align with the
18 Publix full access, which causes concern, so
19 maybe if there's some language -- I think it
20 needs to be consistent with the site plan that's
21 proposed, but --
22 MR. HARDEN: Right. That's what I was
23 trying to clarify.
24 THE CHAIRMAN: Okay. So let's go back.
25 How is 6 going to read that the Planning
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1 Department is agreeable with?
2 MR. HARDEN: Can I make a shot -- take a
3 shot at it, Mr. Chairman?
4 THE CHAIRMAN: Sure.
5 MR. HARDEN: The full access driveway to
6 Briarcliff shall be located on the property
7 across from the existing access driveway to the
8 CVS.
9 MR. KELLY: Publix.
10 MR. HARDEN: The Publix shopping center.
11 THE CHAIRMAN: Was that a yes from the
12 Planning Department?
13 MR. KELLY: Yes. We're in agreement.
14 MR. REINGOLD: (Inaudible.)
15 MR. KELLY: It says the existing driveway
16 access to Briarcliff shall be located across
17 from the existing access driveway at the Publix
18 shopping center.
19 THE CHAIRMAN: Mr. Reingold.
20 MR. REINGOLD: There's no existing access
21 to Briar [sic] Road East, is there, right now?
22 MR. HARDEN: He meant to say the full
23 access to Briar Road.
24 MR. REINGOLD: That's fine. I just wanted
25 to clarify that. I got confused.
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1 So it's the full access driveway --
2 MR. HARDEN: Yes.
3 MR. KELLY: No. That's the issue, I think,
4 is the full access is -- is further south, based
5 on the site plan, which would be where the
6 retention is. So it should just align across
7 from the access to Publix.
8 That was my --
9 MR. HARDEN: To clarify for the record --
10 THE CHAIRMAN: Yes.
11 MR. HARDEN: -- the access off of the
12 Racetrac will be -- the Racetrac station will be
13 a full access. The one that's across from is
14 not, in fact, a full access.
15 MR. KELLY: Thank you.
16 MR. HARDEN: So it's -- but we -- it's
17 aligned from a right in/right out only, yes,
18 sir.
19 THE CHAIRMAN: Do you three understand?
20 MR. HARDEN: We do.
21 THE CHAIRMAN: Now that you three
22 understand, can I hear number 6 again for the
23 record?
24 MR. HARDEN: Okay.
25 THE CHAIRMAN: Something that everybody
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1 agrees to.
2 MR. HARDEN: The full access driveway to
3 Briarcliff Road East shall be located across
4 from the existing driveway at the Publix
5 shopping center.
6 MR. KELLY: We concur.
7 THE CHAIRMAN: Thank you. I appreciate it.
8 MR. HARDEN: Thank you.
9 THE CHAIRMAN: Now, we had a motion and a
10 second -- I'm sorry, the amendment, and it was
11 seconded. Do you guys all understand where we
12 are before -- hold on a second.
13 Mr. Reingold.
14 MR. REINGOLD: I was clarifying this. It
15 may just be small, but I wanted to make sure the
16 wording on the record was okay on number 4.
17 I had in my notes that it was a right
18 in/right out, and I'll -- I guess facility
19 along Dunn Avenue may be provided as approved by
20 the Planning -- the Florida Department of
21 Transportation.
22 THE CHAIRMAN: That's correct.
23 MR. HARDEN: (Nods head.)
24 THE CHAIRMAN: Meaning that if for some
25 reason FDOT does not want to approve it, this
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1 thing still moves forward?
2 MR. HARDEN: Right, but --
3 THE CHAIRMAN: Enough said.
4 MR. HARDEN: Thank you.
5 THE CHAIRMAN: Mr. Joost.
6 MR. JOOST: I guess, through the Chair to
7 Mr. Reingold, on Briarcliff or on Wake Forest
8 you said there's a left-hand turn -- or you
9 cannot make a left-hand turn. Which one of
10 those streets was it?
11 THE CHAIRMAN: Dunn Avenue, right in/right
12 out.
13 MR. HARDEN: On Wake Forest.
14 (Simultaneous speaking.)
15 MR. JOOST: And then on another point, you
16 can't make a left-hand turn?
17 MR. HARDEN: Wake Forest.
18 MR. KELLY: Correct.
19 Through the Chair to Councilmember Joost,
20 the prohibition of left turns -- exiting left
21 turns from CVS would be on Wake Forest.
22 MR. JOOST: So if I was coming in on
23 Wake Forest and turned right, I can't go back
24 out on Wake Forest? I guess I have to go down
25 Briarcliff and come back around?
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1 MR. HARDEN: No.
2 There's only -- there's three houses past
3 the service station on Wake Forest. Those would
4 be the only -- there's no through access on
5 Wake Forest. So if you're coming from
6 Wake forest towards Dunn Avenue, you can turn
7 right in --
8 MR. JOOST: Right. But then when I want to
9 leave, I have to go down Briarcliff --
10 MR. HARDEN: That's right.
11 MR. JOOST: -- on the other side?
12 MR. HARDEN: That's right.
13 Councilwoman Lee wanted to discourage
14 nonlocal traffic from turning --
15 MR. JOOST: Okay. All right. That makes
16 sense.
17 Thank you.
18 THE CHAIRMAN: Any other questions?
19 COMMITTEE MEMBERS: (No response.)
20 THE CHAIRMAN: Mr. Reingold, you good?
21 MR. REINGOLD: (Indicating.)
22 THE CHAIRMAN: All in favor of the
23 amendment signify by saying aye.
24 COMMITTEE MEMBERS: Aye.
25 THE CHAIRMAN: Those opposed.
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1 COMMITTEE MEMBERS: (No response.)
2 THE CHAIRMAN: By your action, you've
3 approved the amendment.
4 MR. JOOST: Move the bill as amended.
5 MR. WEBB: Second.
6 THE CHAIRMAN: The bill's been moved and
7 seconded as amended.
8 Any further discussion on the bill?
9 COMMITTEE MEMBERS: (No response.)
10 THE CHAIRMAN: Seeing none, please open the
11 ballot.
12 (Committee ballot opened.)
13 MR. GRAHAM: (Votes yea.)
14 MR. JOOST: (Votes yea.)
15 MR. BROWN: (Votes yea.)
16 DR. GAFFNEY: (Votes yea.)
17 MR. REDMAN: (Votes yea.)
18 MR. WEBB: (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 approved 2008-552 as amended.
25 Congratulations.
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1 MR. HARDEN: Thank you.
2 THE CHAIRMAN: Top of page 4. 2008-80 is
3 deferred -- I'm sorry, 2008-880 is deferred.
4 2009-50.
5 MR. WEBB: Move withdrawal with fees --
6 without fees.
7 MR. JOOST: Second.
8 THE CHAIRMAN: This is without fees?
9 MR. WEBB: Yes.
10 THE CHAIRMAN: Yes, sir.
11 MR. REDMAN: I'd like to request that the
12 fees be refunded to this.
13 This was approved by the staff without a
14 lot of work, I guess. And, you know, it's been
15 on hold since being filed and will probably be
16 filed again at some time, so I'd like to make
17 that request.
18 THE CHAIRMAN: For me, personally, I
19 normally don't vote for returning fees if the
20 staff has done a report. I mean, you can always
21 request it, but just to let you know where I
22 stand. I can't speak for the rest of the
23 commission.
24 Is there a second on that motion?
25 MR. WEBB: Move to withdraw with fees, is
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1 that the motion?
2 THE CHAIRMAN: Yeah.
3 MR. WEBB: Second.
4 THE CHAIRMAN: All right. All in favor of
5 withdrawing with fees say aye.
6 MR. BROWN: Aye.
7 DR. GAFFNEY: Aye.
8 MR. REDMAN: Aye.
9 MR. WEBB: Aye.
10 THE CHAIRMAN: Those opposed.
11 Nay.
12 MR. JOOST: Nay.
13 THE CHAIRMAN: Let's redo this.
14 Those in favor of withdrawing with fees,
15 please raise your hand.
16 MR. BROWN: (Indicating.)
17 DR. GAFFNEY: (Indicating.)
18 MR. REDMAN: (Indicating.)
19 MR. WEBB: (Indicating.)
20 THE CHAIRMAN: There's four. That's good
21 enough.
22 Okay. It's going to be withdrawn with
23 fees.
24 MR. WEBB: (Inaudible.)
25 THE CHAIRMAN: Yes, we're withdrawing with
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1 fees.
2 DR. GAFFNEY: (Inaudible.)
3 THE CHAIRMAN: Yeah. We're returning fees,
4 yes.
5 Okay. Open the ballot.
6 (Committee ballot opened.)
7 MR. GRAHAM: (Votes nay.)
8 MR. JOOST: (Votes yea.)
9 MR. BROWN: (Votes yea.)
10 DR. GAFFNEY: (Votes yea.)
11 MR. REDMAN: (Votes yea.)
12 MR. WEBB: (Votes yea.)
13 (Committee ballot closed.)
14 THE CHAIRMAN: Close the ballot and record
15 the vote.
16 MS. LAHMEUR: Five yeas, one nay.
17 THE CHAIRMAN: By your action, you've
18 approved 2009-50 to be withdrawn with fees.
19 2009-91, open the public hearing.
20 Seeing no speakers, we'll continue that
21 public hearing and take no further action.
22 Top of page 5. 2009-161.
23 MR. WEBB: Move the bill.
24 MR. JOOST: Second.
25 THE CHAIRMAN: The bill's been moved and
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1 seconded.
2 Any discussion?
3 COMMITTEE MEMBERS: (No response.)
4 THE CHAIRMAN: Seeing none, please open the
5 ballot.
6 (Committee ballot opened.)
7 MR. GRAHAM: (Votes yea.)
8 MR. JOOST: (Votes yea.)
9 MR. BROWN: (Votes yea.)
10 DR. GAFFNEY: (Votes yea.)
11 MR. REDMAN: (Votes yea.)
12 MR. WEBB: (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 approved -161.
19 2009-192. We will open that public
20 hearing.
21 Seeing no speakers, we'll close that public
22 hearing.
23 MR. WEBB: Move the amendment.
24 DR. GAFFNEY: Second.
25 THE CHAIRMAN: Can we hear the amendment,
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
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1 please.
2 MR. KELLY: The amendment on 2009-192?
3 THE CHAIRMAN: -192.
4 MR. KELLY: Okay. Thank you.
5 The amendment is to deny the application.
6 The department was not supportive of this
7 request for a waiver of road frontage. I can go
8 into specifics or --
9 THE CHAIRMAN: We may ask for your
10 specifics, and Mr. Webb's light is on, so that
11 may be his question.
12 Mr. Webb.
13 MR. WEBB: Why don't you give us the
14 specifics, through the Chair.
15 MR. KELLY: Certainly.
16 The subject property has an existing
17 nonconforming use on the property. This is
18 located at 3850 Aladdin Terrace. There's an
19 existing nonconforming -- I believe it's a
20 duplex or a triplex that exists on the property.
21 The department feels in this instance the
22 result of granting the waiver further extenuates
23 that existing nonconforming use and, in
24 addition, creates existing nonconforming
25 characteristics for frontage by the expansion of
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1 the use on the property.
2 We feel the waiver does not meet the
3 criteria, that there's no practical difficulty
4 in complying. It's kind of self-imposed by the
5 applicant.
6 There is a circumvention of the subdivision
7 regulations in that this would basically allow
8 for a road -- or a single-family dwelling to be
9 developed on a lot without sufficient frontage,
10 and we feel it's altering the character of the
11 area. Most of the lots in the area have
12 sufficient road frontage.
13 It is a little rural area in Mandarin, so
14 it's not uncommon that situations like this do
15 exist, but we feel to perpetuate or to support
16 the continuation of something that's detrimental
17 to the health, safety, and welfare in terms of
18 addressing and emergency vehicle response as
19 well, that it would be detrimental to that and,
20 therefore, it didn't meet the criteria.
21 Based on those recommendations, the staff
22 is recommending denial.
23 THE CHAIRMAN: Mr. Webb, you still have the
24 floor.
25 MR. WEBB: Thank you, Mr. Chairman.
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
27
1 Mr. Chairman, I had moved the amendment. I
2 withdraw my moval [sic] of the amendment subject
3 to that explanation. However, I do have a
4 couple of questions before we get into the
5 procedural aspects of all of this.
6 My understanding, through the Chair to
7 Mr. Kelly, is that this duplex was constructed
8 sometime back in, like, 1966 or 1967, which is
9 prior to consolidation; is that correct?
10 MR. KELLY: I believe that's accurate,
11 yeah, 1967.
12 MR. WEBB: And the existing property owner
13 is -- how much is the parcel -- the entire
14 parcel that they're seeking to -- I think it's
15 roughly just under two acres?
16 MR. KELLY: It's 1.8 acres total.
17 MR. WEBB: 1.8.
18 Again, the duplex, you said it's a
19 nonconforming use, but it is, in fact, a legal
20 use, in fact, that -- that it's been
21 grandfathered over the years, right?
22 MR. KELLY: It is, but by their action of
23 recording separate lots, basically -- the use is
24 nonconforming, and that can -- because it
25 existed prior to consolidation, technically it's
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
28
1 grandfathered.
2 MR. WEBB: Okay. They're not looking to
3 build another duplex, so there's no extension of
4 the nonconforming use.
5 MR. KELLY: It intensifies, essentially,
6 the nonconforming characteristic of the road
7 frontage because now they're -- by splitting the
8 property -- they had the sufficient road
9 frontage for the duplex that was grandfathered,
10 but now, by cutting off this additional parcel,
11 they've reduced their required road frontage for
12 the nonconforming duplex use.
13 MR. WEBB: All right. You said something
14 about subdivision regulations. There's no
15 regulations for subdivisions down that road.
16 MR. KELLY: The --
17 (Simultaneous speaking.)
18 MR. WEBB: It (inaudible) to subdivision,
19 but there's no subdivision there.
20 MR. KELLY: Again, the subdivision
21 regulations, we feel -- while technically a lot
22 split doesn't constitute a subdivision, we feel
23 the cumulative effect of similar instances like
24 this, if this was to be granted, would set a
25 precedent for other properties and then you
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
29
1 have, in essence, a de facto subdivision that's
2 created through this piecemeal, metes and bounds
3 legal description type of development.
4 MR. WEBB: You know, if you take a look at
5 the picture here, Mr. Chairman -- first of all,
6 I will say I have not seen -- since I've been on
7 council, on LUZ for the last two years, I've
8 never seen a waiver of minimum road frontage
9 that, in fact, has been supported by the
10 Planning Department for whatever reason.
11 My understanding, based on a
12 conversation -- I should declare ex-parte. I
13 had a conversation with the property owner
14 probably about six months ago about this.
15 The property owner seeks not to develop or
16 create a subdivision-type environment, merely
17 seeks to put another single-family residential
18 on there and to make upgrades to the existing
19 facility -- or excuse me -- building so as to
20 provide care to her aging parents.
21 If anybody's ever been down this road, this
22 is -- this is a very rural road. It's off of --
23 just, I guess, south of Marbon. And, as a
24 matter of fact, it's -- I could probably hit
25 this particular house or structure from my home
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
30
1 with a rock on a good day.
2 With regard -- I do understand the issues
3 that the Planning Department has with emergency
4 response and addressing.
5 Either to Mr. Crofts or Mr. Kelly, if we
6 were to provide -- offer an amendment of sorts
7 to make certain that there was, in fact,
8 adequate markings, would that alter the
9 recommendation of the department?
10 MR. CROFTS: I think our position would be
11 one that we would welcome the conditions, but
12 we'd still have a concern about it, but that
13 does help the situation.
14 I hate to be waffling, but I'm telling you
15 it's not going to reverse our opinion, but it
16 certainly -- you know, we could -- we have done
17 this before, where we've asked and -- where this
18 is -- where these kinds of situations come
19 forward, where we've requested that the access
20 be stabilized and well drained and provided and
21 the addresses be well marked. We would
22 certainly support that.
23 MR. WEBB: Mr. Chairman, I would offer an
24 amendment to the amendment to support approval
25 with those conditions.
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
31
1 Can I get a second?
2 DR. GAFFNEY: Second.
3 THE CHAIRMAN: I was going to say, I think
4 you die from lack of a second.
5 I have a question to the Planning
6 Department. I'm looking at this drawing on
7 page 8, and I guess the question I have is, if
8 this line that subdivides this lot -- the
9 northern -- I assume north is up -- the northern
10 end of that line, if that were to split it on
11 the road front and middle, would that be more
12 palatable to you guys or does that not make a
13 difference?
14 MR. KELLY: No. The -- unfortunately,
15 the -- that amount of road frontage is 115 feet
16 in total. So in order to do two lots under this
17 zoning, they would need 160. So they're still
18 going to be 45 short.
19 THE CHAIRMAN: So you need 80 feet?
20 MR. CROFTS: (Nods head.)
21 MR. WEBB: Mr. Chairman.
22 THE CHAIRMAN: Sure.
23 MR. WEBB: As far as the ingress/egress to
24 this property goes, I just don't see that that
25 makes a whole lot of difference, perfectly
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
32
1 honest with you. Just under two acres, the -- I
2 just don't see that's really material.
3 These areas, as you know, down in what is
4 largely rural remnants of Mandarin, are full of
5 nonconforming uses. I mean, if you look at
6 my -- I live right off of -- I live right off of
7 Aladdin Road. My address is Aladdin Road, but,
8 in fact, I don't have sufficient -- I live on
9 just on -- under just two acres, and I don't
10 have adequate road frontage if I were to -- it's
11 got to be nonconforming because actually my
12 driveway is an old county road. It's still on
13 the -- whatever. It's probably off the plat
14 now, but, again, I just don't see that this
15 is -- I mean, if you consider the equities in
16 this, I just don't see that this is a material
17 issue and I would ask the support of the
18 approval with this -- of this with the
19 conditions suggested by Mr. Crofts.
20 THE CHAIRMAN: The question I have, this
21 subdivision, this -- it's weird when you
22 say "subdivision."
23 The subdividing of this lot, there's a need
24 to have two driveways coming down on both pieces
25 of this because if for some reason down in the
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
33
1 future this is going to be two separate lots and
2 therefore needs to have access to both pieces.
3 MR. CROFTS: (Nods head.)
4 THE CHAIRMAN: Is there a -- I guess the
5 question I have, not knowing the applicant or
6 have talked to the applicant, is there a -- I
7 don't understand the need to subdivide this lot
8 if you're just providing a home for an elder
9 parent.
10 MR. CROFTS: You have to understand that
11 there's going to be three units total on this
12 property. There's a duplex and the additional
13 house. So I would assume that the additional
14 parent is going to live in the new -- I don't
15 know, but in the third unit.
16 MR. WEBB: Yeah, the parents don't get
17 along too well. That's why they need the
18 duplex.
19 That was a joke, Mr. Chairman.
20 MR. KELLY: Through the Chair, the parcel
21 was already recorded and split without -- and
22 they had recorded it at the courthouse. So, I
23 mean, there may not have been a need to do
24 that.
25 And, typically, we do like to keep the
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
34
1 parcels whole, especially in those instances
2 when they are for family members to live
3 adjacent to their other family members, so
4 that's not uncommon.
5 THE CHAIRMAN: Is it possible for this
6 committee to require a common driveway for the
7 two or does that make it more convoluted?
8 MR. KELLY: Shared access is encouraged in
9 the comp plan.
10 MR. WEBB: Mr. Chairman, if I may, I
11 would -- if we would -- at your discretion, if
12 we could defer this one more cycle, I'll -- we
13 can take that back to the applicant to see if
14 they're -- because they're not here this
15 evening -- take that back to them, and then I
16 promise we'll get this off your agenda prior to
17 your completion of your year as chairman of LUZ.
18 THE CHAIRMAN: Well, that makes sense to
19 me.
20 I guess the question I have to the Planning
21 Department, would that change your
22 recommendation from a denial to an approval if
23 we were able to come back to a common access?
24 MR. KELLY: Again -- yeah, our denial is
25 really based on what -- the intent of the code
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
35
1 in Part 7 is to not allow for the continuation
2 of a nonconforming use, not to encourage their
3 survival essentially is what the code says.
4 Primarily the denial is based on the
5 nonconforming aspects and, then, furthermore, on
6 the health, safety, welfare aspects with
7 providing emergency services to the property and
8 those sorts of things, police, fire, rescue,
9 garbage. And, typically, it becomes problematic
10 in terms of locating the property when there's
11 not sufficient access or enough frontage along a
12 public right-of-way.
13 THE CHAIRMAN: So what I'm hearing is you
14 still won't like it, but would you like it
15 less -- or not like it less?
16 MR. WEBB: Would you dislike it less?
17 MR. KELLY: That would, I guess, diminish
18 our objections.
19 THE CHAIRMAN: Thank you.
20 All right. Then if there's no complaint
21 here from the committee, I'd like to defer this
22 one more cycle and see if Mr. Webb can't do some
23 magic.
24 MR. WEBB: Thank you, Mr. Chairman.
25 THE CHAIRMAN: All right. We will defer
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
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1 that.
2 I guess we need to reopen the public
3 hearing and continue it --
4 MR. REINGOLD: Yes --
5 THE CHAIRMAN: -- and take no further
6 action.
7 Mr. Webb, are you going to be at our next
8 meeting?
9 MR. WEBB: Yes, sir.
10 THE CHAIRMAN: Because we are taking
11 action.
12 MR. WEBB: Thank you, sir.
13 THE CHAIRMAN: Okay. 2009-252. We will
14 open the public hearing.
15 Seeing no speakers, we'll continue that and
16 take no action.
17 -253. We'll open the public hearing.
18 Mr. Ingram.
19 (Mr. Ingram approaches the podium.)
20 MR. INGRAM: Good evening.
21 Tom Ingram, 207 North Laura Street,
22 Suite 260, Jacksonville.
23 I'm really here for any questions. We're
24 fine with the conditions as --
25 THE CHAIRMAN: You're a good man.
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
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1 MR. INGRAM: -- approved by Planning
2 Commission.
3 THE CHAIRMAN: We will close that public
4 hearing.
5 MR. WEBB: Move the amendment.
6 MR. JOOST: Second.
7 THE CHAIRMAN: The amendment's been moved
8 and seconded.
9 If there's no changes to the amendment --
10 all in favor signify by saying aye.
11 COMMITTEE MEMBERS: Aye.
12 THE CHAIRMAN: Those opposed.
13 COMMITTEE MEMBERS: (No response.)
14 THE CHAIRMAN: By your action, you approved
15 the amendment.
16 MR. JOOST: Move the bill as amended.
17 MR. WEBB: Second.
18 THE CHAIRMAN: The bill's been moved and
19 seconded as amended.
20 Any discussion on the bill?
21 COMMITTEE MEMBERS: (No response.)
22 THE CHAIRMAN: Seeing none, please open the
23 ballot.
24 (Committee ballot opened.)
25 MR. GRAHAM: (Votes yea.)
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
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1 MR. JOOST: (Votes yea.)
2 MR. BROWN: (Votes yea.)
3 DR. GAFFNEY: (Votes yea.)
4 MR. REDMAN: (Votes yea.)
5 MR. WEBB: (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 approved -253.
12 Thank you.
13 MS. SUTSCHEK: Thanks very much.
14 THE CHAIRMAN: Top of page 6. -254, -287,
15 -288 are all deferred.
16 Bottom of page 6. -326. We're going to
17 open that public hearing.
18 MS. LAHMEUR: (Inaudible.)
19 THE CHAIRMAN: Is this the applicant?
20 MS. LAHMEUR: No.
21 THE CHAIRMAN: This is not the applicant.
22 We are told that the advertising has not
23 been paid for this, so we will defer this.
24 Have we reached the applicant?
25 MS. LAHMEUR: (Inaudible.)
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
39
1 THE CHAIRMAN: Okay. So since the
2 advertising hasn't been paid for this --
3 Mr. Webb, this is in your district. We
4 normally just defer this thing or vote it down.
5 MR. WEBB: Defer it.
6 THE CHAIRMAN: Okay. We will --
7 MR. WEBB: Mr. Chairman, who is here?
8 THE CHAIRMAN: I'm sorry. Mark Lam- --
9 AUDIENCE MEMBER: Lamoureux.
10 THE CHAIRMAN: Yes, sir. Would you like to
11 come speak to us?
12 AUDIENCE MEMBER: I would.
13 THE CHAIRMAN: Thank you, sir.
14 (Audience member approaches the podium.)
15 AUDIENCE MEMBER: Mark Lamoureux, 12459
16 Flemington Road, Jacksonville, Florida.
17 My property is directly behind this
18 property, and I've spoken to the property owner
19 regarding the petition.
20 And I don't have a problem with the concept
21 of having the additional residence. I can
22 support the petition, but only if the landscape
23 buffer that is the common rear yard between our
24 properties remains.
25 In conversation with the owner, she says
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
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1 that she has no problem with leaving the trees.
2 And I asked her would she be willing to make an
3 agreement or just put a condition into the
4 petition that would agree to leave the
5 landscaping, and that she couldn't commit to.
6 Lastly, I have spoken to the other
7 neighbors, the owners of lots 21 -- which I
8 own -- 22, 23, and 20, and all of us
9 unanimously -- they could not be here tonight,
10 but all of us unanimously can support the
11 petition, but only with the condition that the
12 landscape buffer, the existing trees that are
13 along the rear property boundary which abut our
14 property and the property whose petition is here
15 tonight -- if they agree to save the landscaping
16 and not remove it, then we can support it.
17 THE CHAIRMAN: Okay. Thank you, sir.
18 Hold on a second, sir. We've got a
19 question for you.
20 Mr. Webb.
21 MR. WEBB: Sir, thank you for coming down
22 this evening.
23 You had had some conversations with my
24 office about the tree buffer. Have you -- with
25 my administrative assistant. Have you shared
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
41
1 that request or suggestion with the Planning
2 Department as well?
3 MR. LAMOUREUX: I e-mailed two folks in the
4 Planning Department, Mr. Hetzel and Paul Davis,
5 and I sent an e-mail to them stating that I
6 could support the petition if the landscaping
7 were to remain, yes, sir.
8 MR. WEBB: Okay. I appreciate that.
9 Thank you.
10 THE CHAIRMAN: Thank you, sir.
11 Well, we are going to continue that public
12 hearing and take no further action.
13 What happens -- I guess we get to the point
14 where this sits on here for two years and then
15 we get no fees paid and it kind of goes away?
16 MR. WEBB: When was it filed?
17 THE CHAIRMAN: It's got plenty of time.
18 This was this year.
19 All right. Let's move on.
20 MR. LAMOUREUX: May I add something?
21 THE CHAIRMAN: Sir, no. We're done.
22 MR. WEBB: Sir, come back to the
23 Green Room, if you would.
24 MR. LAMOUREUX: Okay. Thank you.
25 THE CHAIRMAN: Top of page 7. 2009-345,
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
42
1 we'll open that public hearing.
2 (Mr. McCuller approaches the podium.)
3 THE CHAIRMAN: Mack, do you want to wait
4 until after you hear the opposition or do you
5 want to start off before the opposition?
6 MR. McCULLER: I'll be happy to wait if
7 you -- certainly.
8 THE CHAIRMAN: All right. Lauren Howle.
9 (Audience member approaches the podium.)
10 AUDIENCE MEMBER: Good evening.
11 Lauren Howle, 1437 Walnut Street.
12 THE CHAIRMAN: Go ahead.
13 MS. HOWLE: Thank you.
14 Council members, through the chairman, I
15 spoke at the City Council meeting last Tuesday
16 night in opposition of this as well and
17 submitted a letter on the record, which I have a
18 copy I would like to submit on the record
19 additionally tonight, and I have a letter that I
20 did e-mail for the record to all of the council
21 members. It's essentially the same substance of
22 this letter addressed to the LUZ Committee.
23 Myself and my husband, who couldn't be here
24 tonight, we're in opposition of this zoning
25 change to PUD. We live approximately two blocks
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
43
1 away from the proposed zoning change.
2 My argument is laid forth more than the
3 three minutes will allow in my letter with
4 citations to the code, specifically the
5 Springfield historic zoning overlay, which to
6 rezone this to PUD would be in direct -- would
7 fly in the face of the intent and the purposes
8 of what the Springfield overlay -- zoning
9 overlay was trying to do, which was get rid of
10 inconsistent zoning.
11 And this specific concrete block structure
12 and this property was downzoned in the '90s to a
13 residential zoning in order to combat what was
14 happening in the neighborhood and to give
15 assurances to people who wanted to invest in the
16 properties in Springfield that this inconsistent
17 zoning would not occur.
18 There are no assurances in the way the PUD
19 application reads, that what is talked about
20 with SPAR and behind closed doors, the lead
21 certification, et cetera, would actually
22 happen. And not that -- we would have to go on
23 great faith. And in these economic times that
24 are unstable, if the zoning were changed, that
25 runs with the land, and all of those assurances
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
44
1 that can't be codified in the PUD application
2 but are kind of verbal assurances from the
3 developer, there's no way those can be met.
4 Additionally, the planning report -- the
5 staff report did not address the secondary
6 zoning of the Springfield overlay in their staff
7 report. They only addressed the PUD, and I
8 think that that's important to note, that that
9 was not addressed in their report and in their
10 approval.
11 Thank you.
12 THE CHAIRMAN: Now, you need to explain
13 something to me. What was that that was not
14 addressed?
15 MS. HOWLE: In the staff report, there's
16 the primary zoning, but the RMD-S -- the -S part
17 is coming from the Springfield historic overlay,
18 which imposes additional restrictions on -- for
19 example, if you had commercial neighborhood
20 zoning, which is another issue that a lot of
21 things in the Springfield district are -- you
22 know, they're for sale and they say that the
23 zoning is CN. Well, actually it's CN-S because
24 of the Springfield historic overlay, and it adds
25 additional restrictions to what can and can't
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
45
1 happen, the uses that can and can't happen.
2 The staff report did not address that at
3 all. It addressed the zoning code and the PUD,
4 looking at the future land use, looking at the
5 comp plan, et cetera, but it did not even -- did
6 not even address the Springfield historic
7 overlay.
8 And an interesting thing about the
9 Springfield historic overlay is that it doesn't
10 address what to do in the cases of PUD, really,
11 which is frightening in this case because the
12 staff report -- one of the conditions that they
13 even say in the staff report is that they will
14 go by the Springfield historic district
15 guidelines. Well, that would be -- in my
16 interpretation, that would be the guidelines
17 found in the Springfield historic district
18 zoning overlay, which don't address PUDs because
19 PUDs are so site plan specific.
20 As I said, on the PUD application it says
21 by right -- the applicant by right, if this
22 were -- the zoning were to change, there's a
23 myriad of uses that could be uses by right for
24 this that aren't necessarily uses that are being
25 talked about by the developer and in good faith
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
46
1 by the developer, what they intend it to be,
2 but, as I said, the zoning change --
3 something -- zoning change is significant and
4 kind of a drastic step to take. And once it's
5 done, can't necessarily be undone or it would be
6 difficult to undo. And that's, I guess, my
7 caution.
8 And I want development in Springfield. I
9 think that, as proposed, it will probably be a
10 beautiful building and -- but to change the
11 zoning just doesn't seem the right way to -- in
12 Springfield, the right way to pursue that
13 development.
14 The infill residential that's happening is
15 wonderful and it's progressing when other
16 development isn't progressing and we're on the
17 right track, but we can't get too jumpy and want
18 to do things that have long-term impacts.
19 THE CHAIRMAN: Okay. Thank you.
20 MS. HOWLE: Thank you.
21 THE CHAIRMAN: Mack.
22 (Mr. McCuller approaches the podium.)
23 MR. McCULLER: Good afternoon.
24 Mack McCuller, 225 Water Street,
25 representing the applicant.
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
47
1 I have a few exhibits, Mr. Chairman, I'd
2 like to go through, and I have also a transcript
3 from the Planning Commission here I'd like to
4 introduce. I'll be referring to it.
5 THE CHAIRMAN: Okay.
6 MR. McCULLER: I'm representing the
7 applicant who is proposing a PUD to construct a
8 mixed-use residential commercial structure at
9 the corner of 7th and Walnut in an existing --
10 inside of a shell of an existing building which
11 should be on your screen. My screen isn't
12 showing it, but it should be.
13 I'm going to peak at your screen there,
14 Marilyn. That's -- I assume everyone is seeing
15 that.
16 That is the existing structure, looking
17 from the northeast to the southwest. And that
18 building will be added a floor to for
19 residences, three small apartments on the second
20 floor to, again, meet a mixed-use desire of the
21 applicant.
22 The next photograph shows the same
23 structure from the south. That wall faces a
24 neighboring residence. That person will be here
25 to speak in a few minutes in support of this
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
48
1 application. That facade will be changed, of
2 course, in the rehabilitation of the structure.
3 Next photograph, please.
4 The next photograph is the eastern wall of
5 that structure. Again, it's a concrete block
6 structure built in 1947, over 50 years old.
7 Under the code, it could be reinstituted for
8 full commercial use having been 50 years in an
9 historic district, but the applicant wants to
10 put it into a mixed-use status.
11 Next, if you will.
12 This neighborhood is -- has historically
13 had commercial structures. In particular,
14 Walnut Street on the main street that this
15 building fronts on has a number of commercial
16 structures currently and in the past.
17 The map before you is the GIS map where the
18 purple showing CN-S zoning -- our parcel is at
19 the very top of that drawing. It's a little
20 square you can see, I hope, on your screen.
21 Down Walnut Street, which is the most -- on
22 the right side of the street with the purple --
23 there are several nodes, street intersections
24 with commercial zoning -- commercial
25 neighborhood zoning, which is the zoning we're
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
49
1 seeking for our application. There are also
2 CRO-S zoning parcels within that area.
3 I believe the young lady that spoke just a
4 moment ago is on a block that does not have any
5 commercial on it. But if you look at the rest
6 of that street, it has long been a commercial
7 neighborhood -- mixed commercial/residential
8 neighborhood.
9 Could I have the next photograph?
10 I'm going to now proceed southward on
11 Walnut just to give you a flavor of the
12 neighborhood.
13 You're looking now at the same block. This
14 is the Three Layers restaurant in the same block
15 of the building that we're proposing to
16 rehabilitate, a very successful restaurant. In
17 fact, the SPAR Council held its -- it's a
18 tourist stop on the SPAR Council bus tour, and
19 also they received a bank grant in that building
20 last month I saw in their newsletter. So this
21 is a very active and dynamic restaurant in the
22 neighborhood.
23 Next, please.
24 This building is another view of the
25 Three Layers restaurant, just a closer view.
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
50
1 Next, please, Marilyn.
2 This building is -- I believe it's an
3 engineering office building. It is directly
4 across the street from -- within the same block
5 as our building.
6 Next, please.
7 THE CHAIRMAN: You need to bring this to a
8 closure.
9 MR. McCULLER: I have a lot to cover,
10 Mr. Chairman. If I could ask for additional
11 time, I'd appreciate it.
12 I will not go much further, but there are
13 four other structures of this type along Walnut
14 Street, proceeding southward on Walnut Street.
15 Just, if you could, just randomly go
16 through that, that will be fine.
17 THE CHAIRMAN: Mack, we're going to have to
18 cut you off. We'll bring you back up if we have
19 any other questions.
20 Do you have a sentence or two you want to
21 conclude with?
22 MR. McCULLER: Well, I will say that the
23 staff -- we adopt and incorporate the staff
24 report into our presentation. The staff has
25 concluded that this meets all of the standards
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
51
1 for PUD -- all the criteria for PUD approval.
2 We have -- SPAR Council spoke at the last
3 Planning Commission -- the executive director
4 spoke at the last hearing. She was in favor of
5 the project, as you can see from the transcript.
6 There's been no evidence submitted to you
7 today -- that I heard, and so -- and any letter
8 that has been previously submitted that has any
9 competent substantial evidence to support a
10 denial of this application.
11 So we'd ask your support, and I'd like the
12 opportunity to speak again if I could.
13 THE CHAIRMAN: Thank you.
14 Dr. Ashton -- Austin, followed by Jo Ann
15 Tredennick.
16 If you guys are here to speak to this, come
17 on down. There's plenty of room up front.
18 (Audience member approaches the podium.)
19 AUDIENCE MEMBER: Thank you, Mr. Chairman.
20 Clay Austin, 342 East 7th Street,
21 Jacksonville, Florida.
22 I live in the property directly adjacent to
23 the lot in question, right behind the property.
24 I'm here to support this change in zoning.
25 I, like many of my neighbors, came to
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1 Springfield to be part of a very vibrant and
2 diverse neighborhood. I believe that this
3 project is consistent with the development that
4 is taking place in Springfield.
5 And, furthermore, the developers are
6 residents and business owners in Springfield
7 presently and the quality of the work they do in
8 the neighborhood is unsurpassed, and I don't
9 have any qualms about the impact, the benefits
10 that this will have on our neighborhood and ask
11 you to support this change in zoning.
12 Thank you.
13 THE CHAIRMAN: Thank you, sir.
14 Ms. Tredennick.
15 AUDIENCE MEMBER: I don't need to.
16 THE CHAIRMAN: Tracey Ricard.
17 (Audience member approaches the podium.)
18 AUDIENCE MEMBER: Hello.
19 Tracey Ricard, 1642 Walnut Street.
20 I am the property that is directly next to
21 the warehouse. It was in one of the pictures
22 that Mr. Mack showed with the chain-link fence
23 kind of separating the two properties. I've
24 been there for almost six years now and have had
25 to look at this warehouse just being as it is,
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1 rundown, and we -- my husband and I are very
2 much in support of all the work that they plan
3 on doing here.
4 Like they have said, there are other
5 properties in the neighborhood on our street
6 that are commercial as well as residential, and
7 they do a great job. Three Layers coffee shop
8 has just done a tremendous job since they've
9 been there. It's a real community spot to go
10 to. They also help support the arts in the
11 neighborhood, and I just feel that this
12 restaurant and building could be the same as
13 well next door.
14 And my husband has also sent in an e-mail
15 to the committee to let -- to voice his support
16 for this project as well.
17 THE CHAIRMAN: Thank you.
18 MS. RICARD: Thank you.
19 THE CHAIRMAN: Shawn McGuire.
20 (Audience member approaches the podium.)
21 AUDIENCE MEMBER: Shawn McGuire, 1441
22 Liberty Street, Jacksonville.
23 I'm the owner of Three Layers, the coffee
24 house, and we have had tremendous success in the
25 neighborhood and a warm response from the
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1 neighbors.
2 I think it's important to note that Walnut
3 Street, in the early '20s, was -- actually had a
4 trolley running through it, so it's extra wide
5 and has a lot of additional parking that other
6 streets don't have.
7 In addition to that, the woman who spoke in
8 opposition, she does have commercial properties
9 on her block that were once -- once was a church
10 and one is another warehouse, across the street
11 is an engineering firm, so there is commercial
12 properties that line up and down Walnut Street.
13 I know the developers personally. They
14 bought a structure on the corner of 4th and
15 Laura that looked very similar to this building
16 when they purchased it. It looks like a Frank
17 Lloyd Wright masterpiece now, so I've seen the
18 work that these people do and we feel fortunate
19 to have them in the neighborhood to develop
20 buildings such as this.
21 So I support the zoning change.
22 THE CHAIRMAN: Thank you.
23 MS. McGUIRE: Thank you.
24 THE CHAIRMAN: Seeing no further speakers,
25 we will close that public hearing.
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1 (Mr. McCuller approaches the podium.)
2 MR. McCULLER: Mr. Chairman, could I just
3 put one other photograph into the record, if I
4 could?
5 THE CHAIRMAN: We'll call you back up if we
6 need to, but right now we -- we've got to close
7 the public hearing, but hold tight.
8 Let's hear the amendments.
9 I'm sorry, can we get --
10 MR. JOOST: Move the amendment.
11 MR. WEBB: Move it.
12 THE CHAIRMAN: The amendment's been moved
13 and seconded.
14 Can we hear the amendments, please.
15 MR. CROFTS: Yes, Mr. Chairman. The
16 amendments the as follows:
17 "The development shall be subject to the
18 original legal description dated March 31st,
19 2009."
20 Number 2, "The development shall be subject
21 to the original written description dated
22 March 31st, 2009."
23 Number 3, "The development shall be subject
24 to the revised site plan dated May 11th, 2009."
25 Number 4, "The development shall be subject
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1 to the review and approval of the Development
2 Services Division memorandum dated April 28th,
3 2009, or as otherwise approved by the Planning
4 and Development Department.
5 Number 5, "The height of the masonry wall
6 shall be no greater than six feet."
7 Number 6, "The two existing trees on the
8 west property line shall be preserved."
9 Number 7, "The refuse enclosure shall be
10 enclosed by a masonry wall on three sides with
11 gates to shield dumpsters or garbage receptacles
12 from view. It shall have a roof or covering of
13 asphalt shingle, metal or corrugated plastic and
14 shall not exceed six feet in height."
15 Number 8, "The sale and service of beer and
16 wine for on-premise consumption in conjunction
17 with the service of food which is ordered from a
18 menu and prepared and served and paid for
19 consumption on premises is a permitted use.
20 "The retail sale and service of all
21 alcoholic beverages for on-premise consumption
22 in conjunction with the service of food which is
23 ordered from a menu and prepared and served and
24 paid for consumption on premise shall be
25 permitted with the grant of a zoning exception
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1 by the Planning Commission."
2 That's it.
3 THE CHAIRMAN: Mack, are you in --
4 MR. McCULLER: We agree to those
5 conditions, yes, sir.
6 THE CHAIRMAN: Let the record indicate that
7 they're in favor.
8 I've got no lights on. All in favor of the
9 amendment signify by saying aye.
10 COMMITTEE MEMBERS: Aye.
11 THE CHAIRMAN: Those opposed.
12 COMMITTEE MEMBERS: (No response.)
13 THE CHAIRMAN: By your action, you've
14 approved the amendment.
15 MR. WEBB: Move the bill as amended.
16 MS. BROWN: Second.
17 THE CHAIRMAN: The bill has been moved and
18 seconded as amended.
19 Nothing is on. Mack, would you like to add
20 anything?
21 MR. McCULLER: Well, now that you ask --
22 THE CHAIRMAN: Because you may change our
23 mind.
24 MR. McCULLER: If I could put a photograph
25 into the record and --
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1 Marilyn, I'm sorry to --
2 THE CHAIRMAN: You're a brave man.
3 MR. McCULLER: I'm going to show you two
4 photographs. One is a before -- it's a before
5 and after sequence. It's a similar building on
6 Laura Street that I worked on as well. I had
7 the pleasure of working with this applicant.
8 The building you see there is, again, a
9 very similar concrete block building that has
10 been now rehabed in the Frank Lloyd Wright style
11 that the gentleman mentioned earlier.
12 Marilyn, if you'd put that next photograph
13 on.
14 That is what this particular applicant -- I
15 wish they were all that creative, but this is
16 the investment that they plan to put into this
17 project.
18 That's all I have to say.
19 THE CHAIRMAN: I liked the project until
20 you showed me the picture.
21 Please open the ballot.
22 (Committee ballot opened.)
23 MR. GRAHAM: (Votes yea.)
24 MR. JOOST: (Votes yea.)
25 MR. BROWN: (Votes yea.)
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
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1 DR. GAFFNEY: (Votes yea.)
2 MR. REDMAN: (Votes yea.)
3 MR. WEBB: (Votes yea.)
4 (Committee ballot closed.)
5 THE CHAIRMAN: Close the ballot and record
6 the vote.
7 MS. LAHMEUR: Six yeas, zero nays.
8 THE CHAIRMAN: By your action, you have
9 approved 2009-345.
10 MR. McCULLER: Thank you very much.
11 THE CHAIRMAN: -346. We'll open the public
12 hearing.
13 Seeing no speakers, close that public
14 hearing.
15 MR. JOOST: Move the bill.
16 DR. GAFFNEY: Second.
17 THE CHAIRMAN: The bill's been moved and
18 seconded.
19 Any discussion on the bill?
20 COMMITTEE MEMBERS: (No response.)
21 THE CHAIRMAN: Seeing none, please open the
22 ballot.
23 (Committee ballot opened.)
24 MR. GRAHAM: (Votes yea.)
25 MR. JOOST: (Votes yea.)
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
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1 MR. BROWN: (Votes yea.)
2 DR. GAFFNEY: (Votes yea.)
3 MR. REDMAN: (Votes yea.)
4 MR. WEBB: (Votes yea.)
5 (Committee ballot closed.)
6 THE CHAIRMAN: Close the ballot and record
7 the vote.
8 MS. LAHMEUR: Six yeas, zero nays.
9 THE CHAIRMAN: By your action, you have
10 approved -346.
11 -347. We will open that public hearing.
12 Seeing no speakers, we'll continue that
13 public hearing and take no further action.
14 -349. We will -- -348. We will open that
15 public hearing.
16 Seeing no speakers, we'll continue that
17 public hearing and take no further action.
18 Top of page 8. -349. Open the public
19 hearing.
20 Morrie Osterer for questions only.
21 Any questions for Morrie?
22 COMMITTEE MEMBERS: (No response.)
23 THE CHAIRMAN: None.
24 Thank you, sir.
25 We will close that public hearing.
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1 MR. WEBB: Move the amendment to grant the
2 waiver.
3 MS. BROWN: Second.
4 THE CHAIRMAN: The amendment's been moved
5 and seconded to grant the waiver.
6 Any discussion?
7 MR. WEBB: Can we get an explanation of
8 it?
9 THE CHAIRMAN: Planning Department, tell us
10 what we're doing.
11 MR. REINGOLD: Thank you.
12 Through the Chair, this is an application
13 for a sign waiver. The subject sign, I guess,
14 was inadvertently, during the time of
15 permitting, moved due to the location of a large
16 oak tree. And when they constructed the sign,
17 they moved it closer to the road and violated
18 the required 10-foot setback.
19 The department -- due to the scale of the
20 sign and its location -- it's not obscuring any
21 sight distance, visibility or anything. It's a
22 smaller sign, it's in keeping with the character
23 of all the other surrounding signage, and we're
24 recommending a straight approval.
25 THE CHAIRMAN: Mr. Webb.
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1 MR. WEBB: Through the Chair, so, Sean, we
2 saved the tree?
3 MR. KELLY: Yes.
4 MR. WEBB: All right. Good to hear.
5 Thank you.
6 THE CHAIRMAN: I think you just gained
7 three votes in Mandarin.
8 All in favor of the amendment signify by
9 saying aye.
10 COMMITTEE MEMBERS: Aye.
11 THE CHAIRMAN: Those opposed.
12 COMMITTEE MEMBERS: (No response.)
13 THE CHAIRMAN: By your action, you've
14 approved the amendment.
15 MR. WEBB: Move the bill as amended to
16 grant the waiver.
17 MR. BROWN: Second.
18 THE CHAIRMAN: It's been moved and seconded
19 to grant the waiver.
20 Any further discussion on the bill?
21 COMMITTEE MEMBERS: (No response.)
22 THE CHAIRMAN: Seeing none, please open the
23 ballot.
24 (Committee ballot opened.)
25 MR. GRAHAM: (Votes yea.)
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1 MR. JOOST: (Votes yea.)
2 MR. BROWN: (Votes yea.)
3 DR. GAFFNEY: (Votes yea.)
4 MR. REDMAN: (Votes yea.)
5 MR. WEBB: (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 approved 2009-349.
12 AUDIENCE MEMBER: Thank you.
13 THE CHAIRMAN: -350. Open the public
14 hearing.
15 Mike, come on down.
16 (Audience member approaches the podium.)
17 THE CHAIRMAN: Name and address for the
18 record.
19 AUDIENCE MEMBER: Mike Getchell, 1185
20 Eagle Bend Court.
21 I'm here representing the North District
22 CPAC. As you are aware, we have a letter of
23 opposition on file for this particular project.
24 This project is a multi- -- an increase in
25 density for an already-approved multifamily
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1 residential project.
2 The reasons for our opposition very simply
3 is that we thought it was unwise that the
4 applicant went ahead and asked for the increase
5 in density due to, one, Main Street is already
6 at F capacity. We didn't think that was a very
7 good idea.
8 Plus, two, we were told by the applicant's
9 agent that the fair share assessment for this
10 particular project had been reduced by
11 two-thirds, from a mill to 300,000, and we
12 didn't think that was very warranted -- or was
13 unwarranted due to the close proximity to
14 River City Marketplace. This, essentially, is
15 like two blocks away from River City
16 Marketplace, at that intersection where -- on
17 Main Street.
18 That's it.
19 THE CHAIRMAN: All right. Thank you, sir.
20 MR. GETCHELL: Thank you.
21 THE CHAIRMAN: Planning Department -- we
22 will continue that public hearing -- is there a
23 report written on this already? You're just
24 waiting for something -- for this to come out of
25 Planning Commission?
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1 MR. KELLY: No. We've actually -- because
2 of the increase in the density, the department
3 had concerns with the site plan.
4 It's my understanding -- I had a brief
5 discussion with the applicant, Mr. Mann, this
6 afternoon, and I'm not sure if they're going to
7 proceed forward with the same 20 units per acre
8 at this point, so you may see either a
9 withdrawal or some other modified version of
10 this moving forward, but --
11 THE CHAIRMAN: Okay. Thank you.
12 Well, we'll continue that public hearing
13 and we'll take no further action.
14 -378 is deferred. -379 is deferred.
15 Top of page 9. -380, -81, -82, -83 are all
16 deferred.
17 Top of page 10. -384, we will open that
18 public hearing.
19 Susan McDonald for questions only.
20 You're a great woman.
21 We will close that public hearing.
22 MR. WEBB: Move the bill.
23 MR. JOOST: Second.
24 THE CHAIRMAN: The bill's been moved and
25 seconded.
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1 Any discussion on the bill?
2 MR. JOOST: Let's hear from the Planning
3 Department.
4 THE CHAIRMAN: Planning Department.
5 MR. CROFTS: Yes. Mr. Chairman, this is
6 actually a reduction in impact of the Freedom
7 Commerce Center. This is a notice of proposed
8 change to the development.
9 It basically -- when they (inaudible)
10 several years ago -- it revises their Map H,
11 their development plan, and reduces the
12 development rights in terms of 100,000 square
13 feet of commercial, 650 hotel rooms, a million
14 square feet of office, 3,900 square feet of
15 industrial development rights have all been
16 reduced.
17 Now, there's been an increase in --
18 750 multifamily dwelling units, but the net
19 change here in terms of traffic generation is at
20 23 -- 27.33 percent reduction in external p.m.
21 peak-hour trips.
22 So this is in reflection to actually their
23 inability to get all their permits from an
24 environmental standpoint. It really backs down
25 the development significantly.
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1 THE CHAIRMAN: Okay. Mr. Joost.
2 MR. JOOST: Sounds good.
3 THE CHAIRMAN: Mr. Webb.
4 MR. WEBB: Thank you, Mr. Chairman.
5 I need to declare ex-parte. I had a
6 conversation about two weeks ago with
7 Ms. McDonald and the applicant regarding this
8 modification to the DRI, and that's it.
9 Thank you.
10 THE CHAIRMAN: Any further discussion?
11 COMMITTEE MEMBERS: (No response.)
12 THE CHAIRMAN: Seeing none, please open the
13 ballot.
14 (Committee ballot opened.)
15 MR. GRAHAM: (Votes yea.)
16 MR. JOOST: (Votes yea.)
17 MR. BROWN: (Votes yea.)
18 DR. GAFFNEY: (Votes yea.)
19 MR. REDMAN: (Votes yea.)
20 MR. WEBB: (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
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1 approved -348.
2 -384 -- -38 -- I'm sorry, -398. I'll tell
3 you what, it's deferred.
4 -399 is deferred.
5 Top of page 11. -401. We will open the
6 public hearing.
7 Seeing no speakers, we'll continue that
8 public hearing and take no further action.
9 -402 is deferred.
10 -404. We will open that public hearing.
11 Seeing no speakers, we'll continue that
12 public hearing and take no further action.
13 -429 and -430 are second rereferred.
14 -443.
15 MR. JOOST: Move the sub.
16 MR. WEBB: Second.
17 THE CHAIRMAN: The sub's been moved and
18 seconded.
19 All those in favor signify by saying aye.
20 COMMITTEE MEMBERS: Aye.
21 THE CHAIRMAN: Those opposed.
22 COMMITTEE MEMBERS: (No response.)
23 THE CHAIRMAN: By your action, you've
24 approved the sub.
25 MR. WEBB: Move to rerefer.
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1 THE CHAIRMAN: Move to rerefer as
2 substituted.
3 And seconded?
4 MR. WEBB: Second.
5 THE CHAIRMAN: Any further discussion on
6 the rereferral?
7 COMMITTEE MEMBERS: (No response.)
8 THE CHAIRMAN: Seeing none, please open the
9 ballot.
10 (Committee ballot opened.)
11 MR. GRAHAM: (Votes yea.)
12 MR. JOOST: (Votes yea.)
13 MR. BROWN: (Votes yea.)
14 DR. GAFFNEY: (Votes yea.)
15 MR. REDMAN: (Votes yea.)
16 MR. WEBB: (Votes yea.)
17 (Committee ballot closed.)
18 THE CHAIRMAN: Close the ballot and record
19 the vote.
20 MS. LAHMEUR: Six yeas, zero nays.
21 THE CHAIRMAN: By your action, you have
22 rereferred 2009-443.
23 2009-444 is second and rereferred.
24 Unless there is anything new to come before
25 us, we're adjourned.
Diane M.
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1 (The above proceedings were adjourned at
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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 8th day of June, 2009.
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Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203