1 CITY OF JACKSONVILLE
2 LAND USE AND ZONING
3 COMMITTEE
4
5
6 Proceedings held on Tuesday, March 3, 2009,
7 commencing at 5:05 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.
REGGIE BROWN, Committee Member.
14 JOHNNY GAFFNEY, Committee Member.
RAY HOLT, Committee Member.
15 JACK WEBB, Committee Member.
DON REDMAN, Committee Member.
16
17 ALSO PRESENT:
18 ART SHAD, City Council Member.
WARREN JONES, City Council Member.
19 JOHN CRESCIMBENI, City Council Member.
CLAY YARBOROUGH, City Council Member.
20 JOHN CROFTS, Deputy Director, Planning Dept.
SEAN KELLY, Chief, Current Planning.
21 BILL KILLINGSWORTH, Planning and Dev Dept.
GARY KRESEL, Planning and Development Dept.
22 FOLKS HUXFORD, Zoning Administrator.
23 RICK CAMPBELL, Research Assistant.
MARILYN ALLEN, Legislative Assistant.
24 MERRIANE LAHMEUR, Legislative Assistant.
25 - - -
Diane M.
Tropia,
2
1 P R O C E E D I N G S
2 March 3, 2009 5:05 p.m.
3 - - -
4 THE CHAIRMAN: Good afternoon.
5 Let the record show it is Tuesday,
6 March the 3rd, about 5 o'clock. This is the
7 Land Use and Zoning Committee meeting.
8 Let's start over here on the right with
9 Mr. Crofts. Let's introduce ourselves.
10 MR. CROFTS: Good evening.
11 John Crofts, Planning and Development
12 Department.
13 MR. KILLINGSWORTH: Bill Killingsworth,
14 Planning and Development Department.
15 MR. KRESEL: Gary Kresel, Planning and
16 Development.
17 MR. SHAD: Art Shad, Councilman,
18 District 5.
19 MR. REDMAN: Don Redman, Councilman,
20 District 4.
21 DR. GAFFNEY: Councilman Gaffney,
22 District 7.
23 MR. HOLT: Ray Holt, District 11.
24 THE CHAIRMAN: Art Graham, District 13.
25 MR. BROWN: Reginald Brown, District 10.
Diane M.
Tropia,
3
1 MR. CRESCIMBENI: John Crescimbeni,
2 at-large, Group 2.
3 THE CHAIRMAN: Okay. We've got a couple of
4 special requests, so we're going to take two of
5 these things out of order. We'll start at the
6 bottom of page 23, 2009-156 and 2009-157. We're
7 going to take those both up at the same time, so
8 we will open that public hearing.
9 And first up is Jack Zievis.
10 (Audience member approaches the podium.)
11 AUDIENCE MEMBER: -156, sir?
12 THE CHAIRMAN: -156 and -157. We're taking
13 both of them up.
14 AUDIENCE MEMBER: Thank you.
15 Jack Zievis,
16
17 First I want to talk about -157. The
18 Department of Community Affairs passed this, and
19 I knew that they had some verbiage in there
20 about preservation of historic buildings. And I
21 went down and I looked at the old schoolhouse
22 that's been talked about, and I guess -- I was
23 wondering, I don't see a provision in -157 that
24 allows for the housing of the old schoolhouse.
25 And I'm not sure where that stands, but I
Diane M.
Tropia,
4
1 thought it needed to be addressed.
2 So I guess I'm wondering if there's going
3 to be any provisions for housing historic
4 buildings. I didn't see anything in the
5 original plan. And I didn't know if,
6 Mr. Chairman, you knew of anything that was in
7 the works for housing the historic buildings.
8 THE CHAIRMAN: We will -- after we close
9 the public hearing, we'll address that.
10 MR. ZIEVIS: All right. Thank you.
11 THE CHAIRMAN: Is that all you had?
12 MR. ZIEVIS: For -156, yes, sir.
13 THE CHAIRMAN: And for -157?
14 MR. ZIEVIS: -157 I have something else.
15 THE CHAIRMAN: Your time is clicking.
16 MR. ZIEVIS: Okay. For -157, I look
17 forward to the next City Council meeting to
18 stand in favor of that bill. I have heard a lot
19 of things of concessions that have been made,
20 but I haven't been told personally of any of
21 those. So first I would like to see what's
22 being done, how those -- like the elimination of
23 the service road and the architectural
24 requirements, if they are going to be deleted
25 from this plan, we would be in favor of it.
Diane M.
Tropia,
5
1 But before that, I would hope that you all
2 vote no until we see the official documents. I
3 would like to see the revised copy of the
4 Bayard Master Plan before I speak in favor of
5 it.
6 And that's all I have to say.
7 THE CHAIRMAN: Okay. Thank you.
8
9 if I can get you to read those conditions --
10 MS. ELLER: Be happy to.
11 THE CHAIRMAN: -- and then we'll continue.
12 MS. ELLER: There are seven conditions.
13 First, regarding the FDOT memo, which came
14 from the Planning Department and the Planning
15 Commission, and that requires, "Future
16 development shall be subject to the FDOT
17 memorandum dated February 18, 2009, or as
18 otherwise approved by FDOT."
19 And I'll note that this is a state law
20 requirement.
21 Number 2, regarding grandfathering: "All
22 existing lawful uses may continue, may be
23 expanded (within the current property boundaries
24 and consistent with all other requirements of
25 the ordinance code), and may be transferred
Diane M.
Tropia,
6
1 under this PUD. If there is a change in use,
2 then the new use shall comply with the new
3 requirements approved herein."
4 Regarding architectural and building
5 configuration standards: "All architectural
6 standards and building configuration standards
7 in the attached written description and site
8 plan are optional and are not mandatory
9 architectural standards and building
10 configuration standards."
11 Regarding park locations: "All park
12 locations within the written description and the
13 site plan are conceptual only and are not
14 mandatory park locations."
15 Regarding pond locations: "All pond
16 locations within the written description and
17 site plan are conceptual only and are not
18 mandatory pond locations."
19 Regarding the roads: "All road locations
20 within the written description and site plan are
21 conceptual only and are not mandatory road
22 location, including but not limited to any of
23 the road locations depicted on or near the
24 following properties" -- and this is several
25 RE numbers. The first, 167936-0000 is the
Diane M.
Tropia,
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1 Carter property. 167936-0500, also the Carter
2 property. 167963-0000 is the Harold property.
3 167963-0015, also Harold property. And then two
4 Wilson properties, which are 167963-0020 and
5 167963-0030.
6 And finally, "The proposed service road
7 identified in the written description and site
8 plan is deleted."
9 And that's all I have so far.
10 THE CHAIRMAN: Thank you.
11 Mr. Zievis, come back up, sir.
12 (Mr. Zievis approaches the podium.)
13 THE CHAIRMAN: Do you want to go before or
14 after?
15 MR. CRESCIMBENI: (Inaudible.)
16 THE CHAIRMAN: Just a second, sir.
17 MR. CRESCIMBENI: Thank you, Mr. Chairman.
18 Thanks for the invitation to attend
19 tonight. This is one of the issues that I
20 wanted to sit in on because -- based on the
21 e-mail flurry that I've received as an at-large
22 councilmember.
23 My question through the Chair to legal is,
24 can you tell me about those conditions and when
25 they were conceived? And is that something that
Diane M.
Tropia,
8
1 you're going to make some copies of that I could
2 actually look at and perhaps make available to
3 the audience as well?
4 MS. ELLER: Sure.
5 THE CHAIRMAN: I can tell you they were
6 conceived Saturday morning. I had several
7 little pocket town meetings and we addressed a
8 lot of the issues that were out there.
9 Mr. Zievis.
10 MR. ZIEVIS: Yes, sir.
11 THE CHAIRMAN: Sorry. I'll give you your
12 three minutes again since you've got all the
13 facts -- well, what we have so far.
14 MR. ZIEVIS: Okay. Well, until I see -- I
15 would like to see a revised plan which is the
16 Bayard Master Plan. I would like to see the
17 verbiage in this plan actually revised before I
18 would -- before I would speak in favor of it.
19 And we've been through this since October
20 and we've been trying to get some of these
21 things changed, and I'm really excited about
22 some of the changes that are occurring here.
23 From what I have -- from what I have been
24 told -- you and I haven't had a conversation,
25 but from what I have been told, we would be
Diane M.
Tropia,
9
1 prepared to speak in favor of this. But I also
2 want to make sure that the other residents and
3 so forth of Bayard that were also opposed to
4 this are being assured that their properties and
5 their concerns are also being handled, and I
6 guess --
7 And I heard what Ms. Eller said, but I want
8 to be able to have a chance to see the actual
9 writing and verbiage to make sure that I
10 understand that everything that's being done is
11 going to be part of the plan.
12 I would, at that point, like to speak in
13 favor of it at the next City Council meeting.
14 But, for now, I think I would like for the
15 councilmen to vote -- to vote no on this plan
16 until everyone gets a chance to see it. And
17 then, at that point, I feel that if everything
18 is -- everyone's satisfaction, that everybody
19 would be able to come to the next council
20 meeting and speak in favor of this, but we just
21 need to make sure that what we are looking for
22 or what's been promised is -- comes true.
23 THE CHAIRMAN: Okay.
24 MR. ZIEVIS: Thank you.
25 THE CHAIRMAN: Thank you, sir.
Diane M. Tropia,
10
1 Mary Lou Zievis.
2 (Audience member approaches the podium.)
3 AUDIENCE MEMBER: It's a little hard if
4 you're not an attorney to understand the
5 legalese.
6 There were some major concerns with the
7 plan, and one of them being -- and this was said
8 at the commission meeting on Tuesday as well,
9 that the only way anything can happen here in
10 accordance with this plan is if it is -- if all
11 the land is bought by one or two developers and
12 then they go ahead with it.
13 So my concern would be, if someone needed
14 to sell their land, sell a lot because they've
15 got medical expenses they have to cover, their
16 market for that sale would be limited to a
17 developer. So we're kind of waiting for that
18 developer to come in on the white horse and do
19 this.
20 So I would want to make sure that the
21 conditions that someone could sell their land
22 under is -- whoever buys it can do exactly what
23 they are able to do on their land today.
24 The other thing -- I think, you know, the
25 removal of the service road is critical. I
Diane M.
Tropia,
11
1 think the positioning of the buildings that is
2 reflected in the plan as a result of the service
3 road is critical also that that be eliminated
4 from the plan. The requirement to park in the
5 rear of the buildings needs to be eliminated
6 from the plan.
7 People were actually going to have to drive
8 back into the neighborhood and turn into the
9 parking lot. That means 18-wheelers going back
10 there to make deliveries. So anything that is
11 connected to commercial, related to the service
12 road needs to be eliminated.
13 And, again, also like I said, I think it's
14 very important that it be spelled out. For
15 instance, people who own a lot now, they can put
16 a mobile home on it. What if they want to put
17 that mobile home on it for their children to
18 come live in, can that be done? The plan
19 excludes mobile homes.
20 In fact, I'm not saying I would ever do
21 this, but our property that's zoned residential
22 would allow for, like, five mobile homes to go
23 in there. We could do what Mr. Tuten does and
24 rent those out if we wanted to today. Would we
25 be able to do that after this plan is passed?
Diane M.
Tropia,
12
1 So I think it's just very critical that all
2 these concessions, all these promises that have
3 been made are documented in the plan before we
4 could agree to be a proponent of it.
5 Thank you.
6 THE CHAIRMAN: Thank you, ma'am.
7 R.J. Wilson.
8 (Audience member approaches the podium.)
9 AUDIENCE MEMBER: R.J. Wilson, 10125
11 On Saturday, February 28, we met some of
12 the Bayard group with Mr. Graham and he promised
13 us several things. And he has to have in
14 writing that existing families will be
15 grandfathered, the commercial area will be next
16 to the US-1 where it is now located, the road
17 that is now planned to go across a property --
18 our property will no longer exist, and I will
19 oppose the master plan unless I get a copy of
20 this in writing.
21 THE CHAIRMAN: Mr. Wilson, she put it right
22 there next to those pencils. There's some
23 copies of what she just read in writing, if you
24 want to grab that, right up front.
25 Juanita Wilson.
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
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1 AUDIENCE MEMBER: I pass.
2 THE CHAIRMAN: Okay. Thank you,
3 Ms. Wilson.
4 Ms. Stratton? Lillian?
5 AUDIENCE MEMBER: (Inaudible.)
6 THE CHAIRMAN: You pass?
7 AUDIENCE MEMBER: I didn't have a card.
8 THE CHAIRMAN: Okay. Mr. Stratton.
9 Ms. Stratton, I think that's the first time
10 I ever heard you pass.
11 AUDIENCE MEMBER: You saw what happened
12 last time.
13 (Audience member approaches the podium.)
14 THE CHAIRMAN: Mr. Stratton, welcome.
15 AUDIENCE MEMBER: I have a handout here if
16 I could get it passed out to the councilmen.
17 THE CHAIRMAN: And, sir, did you get that
18 list that's there as well?
19 AUDIENCE MEMBER: Okay.
20 First of all, I'd like to thank Mr. Graham
21 for coming out to the community Saturday. He
22 was very helpful and answered most all our
23 questions. And, hopefully, this is going to
24 narrow things down.
25 But I have one other issue that we were not
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
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1 able to resolve -- and this pass-out is maps two
2 and five, and it's my understanding that this
3 whole proposed plan for Bayard was to keep
4 commercial out of Bayard and to keep it
5 residential.
6 But there's two places that it comes -- and
7 Targonski Street comes across Targonski Street
8 as commercial. And on the south end, down
9 Slocomb and up Snyder Street, is also
10 commercial, which is not commercial now.
11 And I'd like to have an explanation of why
12 if this is the main text of this plan is to keep
13 commercial out, why is it put in? It's not even
14 there now, why do we have that in this plan?
15 And I'm opposed to it as it stands with
16 commercial coming into Bayard two blocks in on
17 Snyder Street.
18 And if we could get that out, then I'd be
19 for the plan. But as it is, to me, it's
20 bringing commercial in, the very thing that
21 we're supposedly keeping out.
22 That's all I have.
23 THE CHAIRMAN: Thank you, sir.
24 MR. WILSON: Thank you.
25 THE CHAIRMAN: Kim Silbar.
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
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1 (Audience member approaches the podium.)
2 THE CHAIRMAN: Sorry if I butchered your
3 name, ma'am.
4 AUDIENCE MEMBER: That's okay. You did
5 good.
6 Thank you, Councilman.
7 My name is Kim Silbar. I live at 8913
8 Shining Oak Court, and I'm here to read a
9 statement from a gentleman that could not be
10 present this evening.
11 "Bob Boudreau (phonetic), property agent
12 for the Pantry, Inc.
13 "We operate over 1,600 Kangaroo convenience
14 stores in the southeast, including the store on
15 Philips Highway at Judith Street in Bayard. We
16 have been strongly opposed to the Bayard Master
17 Plan.
18 "Thank you, Councilman Graham, for your
19 call to inform me of the elimination concessions
20 including the service road, architectural
21 requirements, landscape requirements, building
22 positions, and the parking requirements of the
23 Bayard Master Plan that negatively impacted all
24 commercial properties on Philips Highway.
25 "We look forward to the revised version of
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
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1 the Bayard Master Plan. When the revised plan
2 is documented, we will support it."
3 Thank you very much.
4 THE CHAIRMAN: Thank you, ma'am.
5 Wayne Carter.
6 (Audience member approaches the podium.)
7 AUDIENCE MEMBER: Wayne Carter, 1473
8 Wentworth Avenue, 32259.
9 I also have been promised certain
10 concessions. And if these concessions are a
11 part of the record and become part of the Bayard
12 Master Plan, I'll support the Bayard Master
13 Plan.
14 THE CHAIRMAN: And, sir, did you get a copy
15 of those concessions?
16 MR. CARTER: (Receives document.)
17 THE CHAIRMAN: Thank you.
18 MR. CARTER: Thank you.
19 THE CHAIRMAN: Keith Norman.
20 (Audience member approaches the podium.)
21 AUDIENCE MEMBER: My name is Keith Norman.
22 I live at 11128 River Creek Drive West in
23 Jacksonville, area code 32223.
24 My notes were prepared before I knew about
25 the changes -- proposed changes to the Bayard
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
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1 Master Plan, and I didn't get a chance to come
2 to the pocket meetings, I guess it was --
3 THE CHAIRMAN: Yes, sir.
4 MR. NORMAN: -- because I had not been
5 contacted about that. So these are somewhat
6 post notes, but I'll read it anyway.
7 As commercial property owners with road
8 frontage on Philips Highway directly in the
9 middle of the Bayard Master Plan, we, Keith and
10 Chantel Norman, are opposed to the ordinance
11 2009-156 and 2009-157 on the basis of the
12 devastating effect proposed by the access and
13 service road and the architectural overlay
14 included in these ordinance proposals.
15 Thank you very much.
16 THE CHAIRMAN: Thank you, sir.
17 Tom Williams.
18 (Audience member approaches the podium.)
19 AUDIENCE MEMBER: My name is Tom Williams.
20 I reside at 7530 Severn Street, Jacksonville,
21 Florida 32256.
22 I'm a resident of Bayard, and I'm also a
23 business owner in Bayard and have been very
24 involved in the Bayard Master Plan from the
25 beginning. And I do support the Bayard Master
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
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1 Plan, especially as it stands now.
2 THE CHAIRMAN: Thank you, sir.
3 Martha Weaver.
4 (Audience member approaches the podium.)
5 AUDIENCE MEMBER: Hi. I'm Martha Weaver,
6 and I was raised in Bayard, so I also have
7 property there.
8 THE CHAIRMAN: Martha, can I get you to
9 move that mic over a little.
10 MS. WEAVER: I can move over.
11 THE CHAIRMAN: There you go.
12 MS. WEAVER: A lot of what I had written
13 was prior to all of these changes, but I'm just
14 so happy to have a plan.
15 When I first moved out there, we had dirt
16 roads. And I just thought I would never get
17 out, so . . .
18 And I want to thank Mr. Graham for all of
19 his effort to come out to Bayard and meet with
20 us individually and as a group.
21 I would like for you to support the plan
22 because it was an effort of the community and
23 Mr. Graham. And that's why I want it passed,
24 because it is a plan. And without a plan,
25 unscrupulous business people can come in and do
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
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1 whatever they want for their own interest and
2 not that of the community.
3 My sister-in-law is always saying, I don't
4 want to look out my dining room window at some
5 dumpster in back of a Winn-Dixie. And I say
6 without a plan, you better hope it's a
7 Winn-Dixie. It could be a used car lot or a
8 topless bar.
9 So I thank you very much for a plan.
10 THE CHAIRMAN: Thank you, ma'am.
11 Eleanor Price.
12 (Audience member approaches the podium.)
13 AUDIENCE MEMBER: I know you're happy to
14 see some of these people that are smiling today.
15 I'm Eleanor Price, 7751 Rudin Street,
16 Jacksonville, Florida.
17 And we have been fighting and we appreciate
18 Mr. Graham so much. He did come out. He's
19 trying to make everybody happy. And everything
20 that I see on here is wonderful. We appreciate
21 that so much.
22 The only thing now is -- the only concern I
23 have -- I think I sent you an e-mail -- is the
24 property going back further than Targonski. We
25 really don't want commercial. We're worried
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
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1 that it will just keep inching in because we
2 know you can get variances. So that's the
3 only --
4 Everything is lovely just like it is with
5 all the new stuff that you promised, and I see
6 it's written down like we asked. We're happy
7 with that and we know we need a plan. I'm for
8 the plan. I really do like having something
9 there that will restrict all this other bad
10 stuff.
11 The only thing -- and I wrote on my card,
12 the only thing that I'm concerned about is the
13 commercial going back further than Targonski.
14 It just worries me because if it goes back
15 further, it just -- it's easier to keep going
16 back. So that's the only thing that we have.
17 I'm for the plan. I think it's very good
18 the way you've got it written, but I'd like for
19 you to give some thought to that -- making it go
20 back further than Targonski Street. That's --
21 it was supposed to be one block. Now, it's -- I
22 mean one lot. Now it's a block. Some of it's
23 two blocks, and it just seems like it just keeps
24 going further and further.
25 I'm for the plan. I think it's a wonderful
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
21
1 plan, but please give us some thought about
2 making it go back any further than Targonski.
3 We really don't want that.
4 But thank you for helping us. We really do
5 appreciate that.
6 THE CHAIRMAN: Thank you, ma'am.
7 Wayne Jimerson.
8 (Audience member approaches the podium.)
9 AUDIENCE MEMBER: Yes, sir.
10 Wayne Jimerson. I live at 12561 Targonski
11 Street, and it seems like this piece of property
12 of commercial encroaching back beyond Targonski
13 is the property that I live on. It's on the
14 corner of Anna and Targonski Street. I've been
15 living there for 25 years, married to Vicky
16 Targonski-Jimerson. Her family goes back six
17 generations.
18 My wife and I have been involved in this
19 plan since its conception, that -- you know,
20 when it was introduced to Bayard. We've worked
21 with the community steering committee. I have
22 no problem with the designation of the
23 commercial there or the plan in and of itself.
24 Especially with some of the changes, it makes it
25 a lot more palatable to -- you know, with the
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
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1 grandfathered situation in and the architectural
2 reviews and everything else that you discussed.
3 I support the plan and I understand why
4 there's commercial and where it is because of
5 the location of the town center and it having
6 commercial shops, little shops, walking areas
7 within walking distance of your home. And so
8 that's why it was conceived the way that it was,
9 and I understand that.
10 But I just wanted to say that I support the
11 program.
12 THE CHAIRMAN: Thank you, sir.
13 Richard Tuten, III.
14 (Audience member approaches the podium.)
15 AUDIENCE MEMBER: Good day, everybody.
16 All right. First of all, I'd like to thank
17 the committee, everybody here, especially
18 Mr. Graham, for helping out with this project so
19 much. I know the City spent a lot of time and
20 money on the Bayard Master Plan. And in today's
21 climate, you know, money counts, and we
22 definitely appreciate it.
23 I'm for the plan 100 percent. It protects
24 the residential neighborhood basically from
25 becoming a commercial development. Anybody
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
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1 that's driven up and down Philips Highway near
2 Bayard, there's plenty of commercial space to be
3 bought, leased, rented, used. You name it.
4 There's plenty of it.
5 We don't need any more. We're trying to
6 keep a residential neighborhood, not only now
7 but in the future as residential. You know,
8 that's part of the plan.
9 Bayard ten years from now is not going to
10 look like it looks right now. Just like it
11 doesn't look like it looked ten years ago, you
12 know. And this plan is definitely going to
13 protect that.
14 You're basically managing growth. That's
15 all we're doing. You attract future home buyers
16 to this plan, to this neighborhood, and they
17 stay in Jacksonville. They don't go to
18 St. Johns County, they don't go to Clay. They
19 stay in Jacksonville, and that's what we want to
20 try to do too.
21 Turn it around a little bit, those against
22 it. I'm all for making money, especially today,
23 and earning cash. There's no doubt about it.
24 But the people that are against the Bayard
25 Master Plan, they're not for the citizens of
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
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1 Bayard. They're out for one thing and that's to
2 make money. And that's fine, but they've used
3 their tactics to scare some of my neighbors
4 who -- I disagree with them. They've used the
5 fear of the change -- of change and the unknown
6 to create uncertainty about the Bayard Master
7 Plan to some of my neighbors, and basically to
8 manufacture hostility towards the City with this
9 plan, and that's just not right.
10 Like I said, I understand some of the
11 concerns my neighbors have, I really do. But,
12 once again, I've lived in Jacksonville my entire
13 life. I've lived on the Westside, every beach
14 we've got, Atlantic, Neptune, Jax, not too far
15 from Mr. Zievis, in fact. Even St. Johns
16 County. They're all nice places, but they're
17 not home. Bayard is my home. That's where I
18 want to retire hopefully one day from the fire
19 department and spend the rest of my days there.
20 By approving this plan, you've guaranteed
21 that the neighborhood not only grows in a
22 controlled manner, but it grows the way we want
23 every neighborhood of Jacksonville to grow.
24 That's not with dump trucks going up and down
25 the street. That's with kids playing up and
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
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1 down the street.
2 I appreciate your time. And thank you.
3 THE CHAIRMAN: Thank you, sir.
4 Mitchell Plaza or Michelle Plaza.
5 Mitchell Plaza. Sorry.
6 (Audience member approaches the podium.)
7 AUDIENCE MEMBER: My name is Mitchell Plaza.
8 And I live at 12715 Park Street, 32256.
9 I've come up here to ask you to excuse our
10 family's land from this plan. Our land,
11 according to this plan here, is from Alphons
12 Street all the way down from Park Street, all
13 the way back to the proposed 9B.
14 And the reason why I asked to be excused
15 from this plan is because this project seems to
16 be designed to hinder all or most development in
17 eastern Bayard. We are eastern Bayard, our
18 family is. We have a tree farm there, and the
19 size of this tree farm is effectively the size
20 of Bayard proper.
21 And what it seems to have happened is that
22 people are afraid all of that back there is
23 going to suddenly get developed and they come
24 running to you and they ask you for protection
25 from any development to the back.
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
26
1 Now, all of this development talk about
2 what's going on in the front, that's for the
3 people up front to decide. What I'm asking is
4 that you exempt our land from that because these
5 encumbrances you put upon the land are going to
6 be permanent.
7 And I'm not going to mitigate the small
8 matters, but one thing that's on there is that
9 you get one house per acre back where we're at.
10 And in the event that that was to get developed,
11 it's one house per acre.
12 I would like to see the rest of Bayard live
13 on one house per acre. If that happened,
14 two-thirds of them would have to move out. Now,
15 this is not selfishness, this is not any type of
16 a greed or anything like that. What it is is
17 that's our land. We have never interfered with
18 our neighbors on anything they wanted to build.
19 We do not bother anybody.
20 We would like to continue to grow trees.
21 That is the main goal. And it seems like every
22 time we go to cut trees, people start thinking
23 immediately since the land is being cleared that
24 there's going to be a development go in. I do
25 believe that is the cause of all of this, I do
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
27
1 believe that.
2 Councilman Graham, I do thank you for your
3 effort. You have -- you've organized this
4 wonderfully. I do believe that, but, like I
5 say, I ask that we be excused from this because
6 it's -- the rules of this are not fair to us at
7 all. It is not.
8 And as far as the rest of the community
9 being afraid of us doing anything to develop or
10 to build or to ruin their lives, I don't see
11 that happening. I don't.
12 And what I would like them to do is I would
13 like them to trust us, like them to trust us
14 that that's what -- we're going to do the right
15 thing and we will -- we will not do anything to
16 harm them.
17 But if this does pass and our neighbors get
18 to put encumbrances upon our property and do not
19 trust us to do the right thing, I would have to
20 look upon the neighborhood in a different
21 fashion, and I would not -- I would not like to
22 think that I could not trust my neighbors
23 because so far we've all gotten along and
24 everybody has been happy so far, but I don't
25 want to see fear overrun this.
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
28
1 I see my time is up on that. I do thank
2 you very much. And, like I say, what I would
3 like is to be excluded from it. If the rest of
4 the Bayard wants that plan, let western Bayard
5 have it, but exclude the eastern part.
6 THE CHAIRMAN: Thank you, sir.
7 MR. M. PLAZA: Thank you.
8 THE CHAIRMAN: Henry Plaza.
9 (Audience member approaches the podium.)
10 AUDIENCE MEMBER: My name is Henry Plaza.
11 I live at 7749 Rudin Street, Jacksonville,
12 32256.
13 When it comes to the history of Bayard, I
14 believe I could recount most of it because I was
15 born there 81 years ago, and so I've been there
16 quite a while.
17 And I feel this plan, if it's implemented,
18 is going to destroy the way of life of a lot of
19 people there. For those that want to create a
20 new development on the vacant land, fine. But
21 the way this is headed, the people that are
22 there now are going to suffer. And, allegedly,
23 there is a grandfather clause that will protect
24 everybody.
25 But within the Smart Code applicability,
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1 page SC-3, I would quote 1.3.2, "Provisions of
2 this code when inconsistent or in conflict shall
3 take precedence over those of other codes,
4 ordinances, regulations, and standards, except
5 the local health and safety, building and fire
6 codes."
7 The City of Jacksonville Zoning Code,
8 Chapter 656, "Land Development Procedures Manual
9 and subdivision ordinances, the existing local
10 codes shall continue to be applicable to issues
11 not covered by this code except where the
12 existing local codes would be in conflict with
13 Section 1.2, Intent, in which case the conflict
14 shall be resolved in favor of this code, which
15 is the development plan."
16 And so, to me, this seems as if the
17 grandfather clause is meaningless. If any
18 provisions of it can be overridden by this other
19 code because it does not comply, then there is
20 no grandfather clause.
21 THE CHAIRMAN: Sir, what was that code
22 again?
23 MR. H. PLAZA: Pardon?
24 THE CHAIRMAN: What was that code number
25 again?
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
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1 MR. H. PLAZA: It was listed in the
2 Smart Code applicability, page SC-3, and 1.3.2.
3 THE CHAIRMAN: Okay. Thank you, sir.
4 Richard Tuten.
5 (Audience member approaches the podium.)
6 AUDIENCE MEMBER: Could I have this passed
7 out?
8 My name is Richard Tuten. I live at 7509
9 Bayard Boulevard, 32256.
10 When we came before the council last time,
11 a lot of my neighbors talked about how they like
12 Bayard the way it is, the way it was. They
13 didn't want anything changed. But I'll tell
14 you, I'm handing you out this --
15 Let me tell you exactly what happened to
16 us. We more or less live and let live.
17 Everybody -- I mean, you might see something
18 that you thought was a zoning violation, but you
19 didn't call. I know I was the world's worst.
20 And one of my friends, Jan Powell, on the front
21 row, he said last time something very
22 interesting to me. He said, you now, growing up
23 in Bayard was like growing up in Mayberry. And
24 that was true in the 1950's and 1960's, but
25 Bayard hadn't been Mayberry for a very long
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
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1 time.
2 If you look at the front of this page, this
3 is exactly the situation, October 9th, 2004.
4 Bayard was really in bad shape. All these
5 things, drive-by shootings, home invasion,
6 prostitution, narcotics, burglary, all existed.
7 This was an emergency meeting, and Councilman
8 Graham took charge.
9 At that time in Bayard, we had two weekly
10 rental trailer parks, both of them sold more
11 drugs than Wal-Mart. We had abandoned houses,
12 we had prostitutes on Targonski Street, drive-by
13 shootings. And we had three crack trailers on
14 the end of the street right behind Mr. Carter,
15 and they sold crack 24/7.
16 Well, how did that get cleaned up? I'll
17 tell you how -- exactly how it got cleaned up.
18 It wasn't the people in Bayard. We were
19 powerless. We went through the City.
20 Councilman Graham directed us on who to call,
21 what to do, and who to see, and that's what we
22 did.
23 Between Planning -- the Planning and
24 Zoning, Code Enforcement, Jacksonville Sheriff's
25 Office --
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
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1 THE CHAIRMAN: Mr. Tuten, you need to speak
2 into that microphone.
3 MR. TUTEN: Between the Code Enforcement
4 and all these people, Sheriff's Office, we got a
5 handle on it. But the three trailers -- a
6 friend of mine is a detective. He said, we
7 can't get those guys because, he said, they
8 won't buy from anybody unless they know them.
9 Well, one day JEA went out there and they
10 found about 200 discrepancies, they had all
11 three trailers on one light pole. They were
12 running extension cords. JEA cut the power
13 off. A week later they moved. Two weeks later
14 they sold the place and it looks fine today, but
15 there's nothing there.
16 What the point I'm trying to make here, the
17 City has absolutely literally saved Bayard.
18 Jan Powell on the first row today called me
19 about 30 minutes before I came down here and he
20 wanted some explanations. I tried my best. I
21 know Jan. They came to the church the night he
22 was born and announced it. I've known him all
23 his life. And he said, you know, I'm kind of
24 thinking about -- I like the way things are
25 going out there. I'm thinking about kind of
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
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1 moving back out there.
2 Bayard is headed in the right direction,
3 and this Bayard Master Plan is absolutely the
4 right move. The Planning Commission the other
5 night gave the best explanation I've heard. The
6 guy told us what would happen with it and
7 without it. With it, it's planned growth and
8 development. Without it, Bayard could be in
9 trouble again.
10 I'm asking you to pass this Bayard Master
11 Plan.
12 Thank you very much.
13 THE CHAIRMAN: The next speaker is Alyce
14 Tuten, and the last speaker is Len Buffington.
15 (Audience member approaches the podium.)
16 AUDIENCE MEMBER: Hello. My name is
17 Alyce Tuten. I live at 7509 Bayard Boulevard,
18 Jacksonville, Florida 32256.
19 And I'm here in favor of the Bayard plan.
20 I'm going to try not to go over because
21 everybody has kind of stole my thunder here.
22 I wanted to give you a flavor of Bayard.
23 My husband's family moved there in the early
24 '50s. His dad was a Justice of the Peace for
25 many years of the area, and my dining room is
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
34
1 his old office.
2 As teenage girls, my sister-in-law and I
3 had a ball in Bayard. It was its own little
4 town. If you were going to south Florida, you
5 had to come through Bayard because there was no
6 95. US-1 was it. And we had a ball. We could
7 go up and buy Coca-Cola at the store, we could
8 get hamburgers. We could go up to Mr. Rudin's
9 and put 50 cents worth of gas in our Volkswagen
10 and go to the beach down Palm Valley Road and
11 have a ball and be safe.
12 This plan offers our generation and the
13 next generation and their children the safety
14 through zoning of their commercial and
15 residential property.
16 The commercial property is very limited on
17 where they can be. They have to be family
18 friendly, they have to be small, they have to be
19 places that we would enjoy walking our children
20 and our grandchildren.
21 I want to thank the City. I want -- I
22 think that we're just so privileged to be able
23 to come and voice our opinions at these meetings
24 and have the opportunity to have this plan to
25 protect Bayard. It's a historical town, it's
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
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1 been in Jacksonville history, Duval County
2 history a long time.
3 It's been called Mayberry, and at one time
4 it was Mayberry. And I feel with this plan,
5 with our children that have moved back to Bayard
6 that want to give their family the opportunity
7 to live in Bayard too, they want to be safe,
8 they want to be protected.
9 And I think we deserve it. I think the
10 history of Bayard deserves it. I think all the
11 undeveloped land needs to be protected. We've
12 got speculators in town that own property that
13 have no contact with Bayard. They're just in it
14 for the business, and that's fine.
15 But as the family owners that have been
16 there for generations, we need protection. We
17 want it to be Bayard again and we want the
18 history of Bayard to continue in a positive
19 direction.
20 I thank you for the consideration of this
21 bill, and I also think that we should all
22 realize how blessed that we are that we can come
23 up here, nervous or not, in our country and
24 offer our opinion.
25 Thank you.
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
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1 THE CHAIRMAN: Thank you, ma'am.
2 Mr. Buffington.
3 (Audience member approaches the podium.)
4 AUDIENCE MEMBER: Thank you, council.
5 My name is Len Buffington. I live at
6 236 Bowles Street in Neptune Beach.
7 At the time the Bayard plan was being
8 developed, I was the project manager with the
9 firm Prosser Hallock, and we were hired by the
10 City to engage this plan.
11 Primarily what we did is we went to the
12 City and said -- we went to the residents and
13 said, "We don't have to do this plan. It's up
14 to you. You can go just the way you want and we
15 won't do the plan at all."
16 Basically what we did get was an overriding
17 favor of let's go forward and let's plan our
18 community. It's going to be a 20-, 30-year
19 plan. Let's put a plan in place that actually
20 shows how it -- you know how it's going to be
21 developed and how it's going to look in the end.
22 (Mr. Webb enters the proceedings.)
23 MR. BUFFINGTON: I'm here primarily for --
24 just to answer questions this evening. One
25 thing I did want to clarify, though, is that the
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
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1 slip lane, it's not what your typical slip lane
2 is that you would see around Jacksonville. This
3 particular area was derived from the fact that
4 there was so many cars that were going such a
5 high rate of speed along Philips Highway, they
6 were ending up in the front yards of people's
7 homes and their businesses.
8 And what we decided to do is to try to
9 provide an alternative way where DOT could have
10 their six lanes of traffic, where all the
11 traffic would be moving through and along US-1
12 but have a buffer that also would allow a
13 transition into Bayard that would also address
14 each of the commercial uses that are along
15 Bayard.
16 And basically what that does, it gives you
17 a slow travel lane, which is a comfort zone,
18 which has -- adjacent to that parallel parking,
19 which has a 12- to 14-foot sidewalk adjacent to
20 that, which then fronts with buildings right on
21 the street.
22 (Mr. Jones enters the proceedings.)
23 MR. BUFFINGTON: Today in time, that's what
24 people are looking for and people are moving
25 to. There's a lot of people who had not
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
38
1 attended, I guess, or have forgotten how we
2 addressed these issues and what kind of
3 community you're creating with this, with this
4 type of plan.
5 It is addressed off a form-based code,
6 which not so much addresses use, but it
7 addresses how your community is going to look in
8 the end and how it's going to be developed over
9 time.
10 Certainly people can still -- if you own
11 your property, you can put a mobile home on your
12 property if you own your property today.
13 There's nothing in that plan that says you can't
14 do that.
15 You can also develop anything else you want
16 on your property as long as it's with you or
17 your siblings or your family owns that
18 property. Once you sell it, yes, then the
19 section 1.3.2 takes in effect and actually
20 overpowers the grandfathering clause because you
21 have sold the property to another entity and
22 they have to conform to the code.
23 That's basically what I wanted to clarify.
24 I'll be here for any other questions if you have
25 any.
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
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1 Thank you.
2 THE CHAIRMAN: Thank you, sir.
3 I have no further speakers.
4 AUDIENCE MEMBERS: (No response.)
5 THE CHAIRMAN: Seeing none, we will close
6 the public hearing.
7 And 2009-156, we have an amendment.
8 MR. HOLT: Move the amendment.
9 DR. GAFFNEY: Second.
10 THE CHAIRMAN: It's been moved and
11 seconded.
12 Can we hear the amendment, please.
13 MR. CROFTS: Mr. Chairman and members of
14 the committee, the amendment basically revises
15 the acreage that is encompassing the master plan
16 now to -- it revises it to 363 acres.
17 Thank you.
18 THE CHAIRMAN: Thank you.
19 All in favor of the amendment signify by
20 saying aye.
21 COMMITTEE MEMBERS: Aye.
22 THE CHAIRMAN: Those opposed.
23 COMMITTEE MEMBERS: (No response.)
24 THE CHAIRMAN: By your action, you've
25 approved the amendment.
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
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1 MR. HOLT: Move the bill as amended.
2 DR. GAFFNEY: Second.
3 THE CHAIRMAN: The bill has been moved and
4 seconded as amended.
5 Any discussion on the bill?
6 Mr. Crescimbeni.
7 MR. CRESCIMBENI: Mr. Chairman, you adopted
8 the amendment with the conditions?
9 I'm sorry. I was --
10 THE CHAIRMAN: Yes.
11 MR. CRESCIMBENI: Okay.
12 THE CHAIRMAN: No?
13 MR. CRESCIMBENI: And I had an e-mail from
14 a -- it got passed around. I made a commitment
15 to that constituent that -- she couldn't be here
16 tonight. I promised I'd deliver the e-mails so
17 everybody has a copy of that. I think her name
18 was Nichols or something.
19 THE CHAIRMAN: Yes.
20 MR. CRESCIMBENI: Thank you.
21 THE CHAIRMAN: Ms. Eller, do we need to
22 move the second amendment which includes the
23 conditions?
24 Now, that goes onto the zoning, correct?
25 MS. ELLER: Correct.
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
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1 THE CHAIRMAN: Okay. This is the land use.
2 MS. ELLER: This bill that you're on is the
3 land use, and the only amendment is to correct a
4 mistake in the bill where we did not have the
5 acreage correct. But the acreage has, is, and
6 always remained 363.21 less in the legal
7 description, I believe the Powell property that
8 had been removed.
9 THE CHAIRMAN: Okay. Mr. Crescimbeni.
10 MR. CRESCIMBENI: No.
11 THE CHAIRMAN: All right. Seeing no
12 further questions, please open the ballot.
13 (Committee ballot opened.)
14 MR. GRAHAM: (Votes yea.)
15 DR. GAFFNEY: (Votes yea.)
16 MR. HOLT: (Votes yea.)
17 MR. REDMAN: (Votes yea.)
18 MR. BROWN: (Votes nay.)
19 THE CHAIRMAN: Close the ballot and record
20 the vote.
21 (Committee ballot closed.)
22 MS. LAHMEUR: Four yeas, one nay.
23 THE CHAIRMAN: By your action, you've
24 approved 2009-156.
25 2009-157, we have an amendment.
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
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1 MR. HOLT: Move the amendment.
2 THE CHAIRMAN: Do I get a second?
3 DR. GAFFNEY: Second.
4 THE CHAIRMAN: It's been moved and
5 seconded.
6 Can we hear the amendment.
7 MS. ELLER: Mr. Chairman, the amendment is
8 as was read before, the seven conditions that I
9 read into the record, and it also includes the
10 references to the written description and the
11 site plan.
12 I would like to clarify one statement that
13 Mr. Buffington made regarding the grandfather
14 clause. The original version of the written
15 description contained the grandfather clause as
16 he described, which did limit things once you
17 transfer the property.
18 However, the new version of the grandfather
19 clause, which we're asking the committee to
20 adopt by this amendment for incorporation into
21 the actual Bayard ordinance, and it would
22 supersede anything that is contrary in the
23 attached documents. Anything to the contrary
24 listed in the Smart Code, anything to the
25 contrary on the site plan is superseded by these
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
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1 conditions, which includes the grandfather
2 clause which we specifically changed to permit
3 it to be a lot more liberal, meaning that the
4 existing uses you have can continue, the
5 existing uses you have can be expanded within
6 the current property, and that if you transfer
7 the property, the new owner has the option to
8 use the existing uses that you have now or take
9 advantage of any new uses that are permitted
10 under the Bayard Master Plan.
11 So I just wanted to clarify that.
12 THE CHAIRMAN: Thank you, Ms. Eller.
13 Ms. Eller, did you also get a chance to
14 look at the part in the plan that Mr. Plaza
15 spoke of earlier that was in conflict with our
16 changes?
17 MS. ELLER: Yes, I did.
18 And the language that I read into the
19 record, as further explained just a moment ago,
20 that is being placed into the actual ordinance,
21 the actual ordinance that is being approved by
22 the City Council, and that supersedes anything
23 to the contrary in that written description or
24 in that site plan.
25 So the Bayard Master Plan or the Bayard
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1 restrictions, if you will, the Bayard rules
2 comprise this piece of legislation, this
3 ordinance 2009-157. And that language that
4 we've read into the record is written into that
5 ordinance, and that is a legislative document by
6 the City Council and that supersedes anything
7 that's different in that attached -- in that
8 attached GBC-bound Bayard document.
9 THE CHAIRMAN: Okay. Thank you.
10 Mr. Crescimbeni.
11 MR. CRESCIMBENI: Thank you, Mr. Chairman.
12 I appreciate your patience.
13 Through the Chair to legal, just for
14 clarification and maybe perhaps for the
15 audience's benefit, explain how these conditions
16 can be -- I mean, explain the fact -- if these
17 were to be changed in any way somewhere down the
18 road, can you just explain that process? I
19 think that might give some folks some comfort.
20 MS. ELLER: Sure.
21 Many people ask whether or not a condition
22 imposed today can be changed administratively or
23 by some staff person, and the answer is no.
24 These conditions are being placed into the
25 actual ordinance being considered by the full
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
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1 City Council. The only way to change any of
2 these conditions is if the City Council adopts a
3 new ordinance, and that would be a PUD to PUD
4 change, and that would require the same type of
5 mailed-out notices to all the affected property
6 owners, just like you received the notices for
7 this particular ordinance.
8 THE CHAIRMAN: Mr. Crescimbeni, is that
9 it?
10 MR. CRESCIMBENI: Thank you.
11 THE CHAIRMAN: Okay. Seeing no further
12 discussion, can I get --
13 Did we move the amendment?
14 MS. ELLER: Yes.
15 THE CHAIRMAN: All in favor of the
16 amendment signify by saying aye.
17 COMMITTEE MEMBERS: Aye.
18 THE CHAIRMAN: Those opposed.
19 COMMITTEE MEMBERS: (No response.)
20 THE CHAIRMAN: By your action, you've
21 approved the amendment.
22 MR. HOLT: Move the bill as amended.
23 DR. GAFFNEY: Second.
24 THE CHAIRMAN: The bill has been moved and
25 seconded as amended.
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
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1 Any discussion on the bill?
2 COMMITTEE MEMBERS: (No response.)
3 THE CHAIRMAN: Seeing none, please open the
4 ballot.
5 (Committee ballot opened.)
6 MR. GRAHAM: (Votes yea.)
7 DR. GAFFNEY: (Votes yea.)
8 MR. HOLT: (Votes yea.)
9 MR. BROWN: (Votes yea.)
10 MR. REDMAN: (Votes yea.)
11 THE CHAIRMAN: Close the ballot and record
12 the vote.
13 (Committee ballot closed.)
14 MR. BROWN: Five yeas, zero nays.
15 THE CHAIRMAN: By your action, you have
16 approved 2009-157.
17 I want to thank all of you guys for coming
18 out and for all your patience. I know this has
19 been a trying time, but I'm glad we're done.
20 Thanks.
21 Okay. We have a special request for
22 Mr. Shad, page 13. Middle of the page,
23 2009-114 and 2009-115. We will open both of
24 those public hearings.
25 Mr. Shad.
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
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1 MR. SHAD: Let everybody clear out for a
2 moment.
3 (Brief pause.)
4 THE CHAIRMAN: Okay.
5 If I can get you guys to kind of clear out
6 quietly. If you want to talk, maybe talk out in
7 the atrium. I do appreciate it.
8 (Mr. Yarborough enters the proceedings.)
9 MR. SHAD: Thank you, Mr. Chairman.
10 You have before you 2009-114 and 2009-115,
11 which I believe there are a number of neighbors
12 and citizens here to speak to tonight.
13 I wanted to -- I had some -- in addition to
14 the conditions recommended by the Planning
15 Department, should this committee or full
16 council decide to go forward on this matter, I'm
17 going to ask that you consider four additional
18 conditions. And I thought it was important,
19 should this go forward, that -- prior to public
20 comments, that the community knew what those
21 four additional conditions I would ask you to
22 consider as well.
23 An additional -- additional condition that
24 would be removed, day care, leaving only
25 professional office and medical office as an
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
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1 option.
2 Second additional condition, limit the
3 height to two stories. Currently, you know, by
4 right, residential you get 35 feet. Let's limit
5 that to two stories.
6 Third additional condition, let's add hours
7 of operation. You know, there was some fear of
8 some type of 24-hour professional office or
9 medical office, and I wanted to eliminate that
10 fear.
11 And then fourth, I wanted to have something
12 dealing with legislative intent and something
13 along the lines of, "This property has unique
14 characteristics of fronting Hendricks and
15 possesses a Hendricks address. It is not a
16 corner lot and, therefore, the approval" -- "the
17 approval is specific to the subject property.
18 Any development of surrounding property shall be
19 evaluated independently and that this is not
20 used as justification for further commercial
21 expansion." We'll clean that up, but that's the
22 idea.
23 So, committee, I know you've got some work
24 ahead of you considering this. And these
25 conditions, or just if you do consider to go
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
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1 forward with it, I would ask you to incorporate
2 these.
3 Thank you.
4 THE CHAIRMAN: Thank you, Mr. Shad.
5 Hold on a second, Mr. Harden.
6 MR. HOLT: Sorry.
7 THE CHAIRMAN: No. Go ahead. You had a
8 question?
9 MR. HOLT: Thank you, Mr. Chairman.
10 Through the Chair to Mr. Shad, I just
11 wanted to ask you to clarify the -- you said
12 hours of operation. Did you have specific hours
13 in mind?
14 MR. SHAD: I did, and I just wanted to
15 eliminate the fear of 24-hour use, so maybe
16 6:00 to 10:00.
17 MR. HOLT: Okay.
18 MR. SHAD: Just to eliminate any fears of
19 24-hour use.
20 Thank you.
21 MR. HOLT: Okay. I'm happy to move your
22 amendment if we hear from Mr. Harden first.
23 THE CHAIRMAN: Oh, we've got plenty of
24 cards to hear from first.
25 MR. SHAD: I just thought it was -- I just
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1 thought it was important to get these thoughts
2 out before the public comments, so
3 potentially -- I always think that when you make
4 changes after public comment, it's kind of
5 tough, so I thought it was important to get
6 these potential conditions out on the record
7 prior to everybody having the opportunity to
8 speak.
9 MR. HOLT: Okay. Well, I'll wait until
10 it's appropriate.
11 THE CHAIRMAN: Thank you.
12 Mr. Harden.
13 MR. HARDEN: Thank you, Mr. Chairman.
14 Paul Harden, 501 Riverside Avenue.
15 Gentlemen, this is a request to convert a
16 single-family residential to a very limited use
17 of professional or medical office. The house
18 fronts onto Hendricks Avenue. The bedroom of
19 the house is about 30 feet from the right-of-way
20 where the road carries about 70,000 trips a
21 day. Most of the time it is extremely loud in
22 the front yard. During peak hours, it's
23 virtually impossible to carry on a conversation
24 in the bedroom of the house.
25 In August of last year, we filed an
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1 application to have this converted to an RPI
2 use. This is the ninth public hearing that's
3 been held on this matter.
4 On each occasion the LPA -- Local Planning
5 Agency, Department of Community Affairs,
6 Land Use and Zoning Committee and the Council
7 have unanimously approved the land use map
8 amendment.
9 On the east side of Hendricks Avenue, about
10 a mile in either direction, that is opposite
11 this side of the road, the -- all of the homes
12 at that location have been converted to office
13 use. They back up to residences.
14 On the west side of the road, this is one
15 of only two single-family residences that face
16 on Hendricks. If you move south from the
17 Southside Methodist Church to the Lutheran
18 church -- which is, again, about a mile in
19 either direction of the property.
20 None of the residential uses behind these
21 other office uses have been denigrated by that
22 residential use. The Planning Department goes
23 into great detail in their report explaining why
24 they have approved this land use map amendment
25 and rezoning.
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1 No one appeared in opposition to this
2 application during the transmittal stage. I
3 know that the person -- some of the persons here
4 tonight have notice, as three of them called me
5 during the September phase and asked about the
6 project and I explained it to them.
7 In the last nine months of this process,
8 opposition has only arisen within the last
9 week. Quite frankly, much of the opposition is
10 based on what I believe is false information.
11 For instance, one of our neighbors was told that
12 there was a methadone clinic going into the
13 site.
14 Yesterday a press release was sent out by
15 one of the ladies who is going to speak in
16 opposition. She said that the local residents
17 were not given adequate time to respond. She
18 was one of the people who yesterday told us that
19 she had gotten the notice in September, saw all
20 the dates of the meetings and felt like she
21 needed more notice than that. But, quite
22 frankly, there has been plenty of notice.
23 She also said that this is proposed for a
24 three-story site when she knew that at the time
25 we had agreed to limit it to two stories and to
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1 30 feet. She said it would diminish the quality
2 of life and decrease property values.
3 As I said, across the street every one of
4 those houses on that area front on Hendricks
5 Avenue are an office use and the property hadn't
6 been diminished in that area.
7 Much of the information, I think, is
8 inaccurate. It's debunked, I believe, by the
9 very thorough Planning Department report.
10 I would ask you to support the previous
11 actions of the council in the transmittal stage,
12 support the Planning Commission, the Department
13 of Community Affairs and the Planning
14 Department.
15 Thank you, Mr. Chairman.
16 THE CHAIRMAN: You must have done that
17 before. You're exactly three minutes.
18 MR. HARDEN: Dead on three.
19 THE CHAIRMAN: Okay. Mary Fisher.
20 (Audience member approaches the podium.)
21 THE CHAIRMAN: Welcome, ma'am. Name and
22 address for the record, please.
23 AUDIENCE MEMBER: Mary Fisher, 799
24 Shipwatch Drive.
25 I own an office at 1731 Emerson Street,
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1 which is right around the corner from this
2 property, and I really believe in due process as
3 I've just been through the sign waiver process.
4 I do see that the orange sign did not come
5 out for rezoning until just today. I did not
6 see it before and I did want to point that out,
7 and I do understand that this property will not
8 accommodate the kind of parking that it needs
9 for an office space.
10 I know that the neighbors in that area are
11 very concerned about what kind of an office will
12 go there. And Art Shad talked about some of
13 those restrictions, and they were good, but I
14 think some of the concern is about perhaps a
15 doctor's office or a dentist office that might
16 carry drugs there. And because we've seen a
17 little bit of the step up in crime in that area,
18 we're concerned about that.
19 Thank you.
20 THE CHAIRMAN: Thank you, ma'am.
21 Looks like Jeanell Mulberry.
22 Mulrain. Sorry, ma'am.
23 (Audience member approaches the podium.)
24 AUDIENCE MEMBER: That's okay.
25 Jeanell Mulrain, 1416 Pine Tree Road.
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1 A couple of things regarding the
2 transmittal period. I only received two letters
3 through the U.S. Mail, and I'm one of the five
4 people who have contiguous property. So if I
5 didn't go during the transmittal time, it was
6 because I never knew it was taking place.
7 Number one, I think that the zoning code
8 definitely was totally disregarded and a
9 violation of law. The community was not
10 properly advised. The sign did just go up today
11 and look where we are in the process. I'd
12 really like for you to consider that as stated
13 in the zoning code.
14 Number two, this would set a precedent on
15 the west side of Hendricks because this lot hits
16 five residences. This is not like the rest on
17 the east side. The east side only affected one
18 house behind them. This property affects five
19 residences, five families, one lot. And I urge
20 you to please take a look at this because that's
21 quite different than anything on the east side,
22 certainly anything on the west side. And,
23 therefore, there is no other precedent of
24 something like this.
25 One lot has an 82-year-old woman, one lot
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1 has children, one lot has me and my child, and
2 then I'll let the others speak for themselves.
3 Number three, the project does not meet the
4 minimum requirements of parking and buffers. If
5 you will notice the other night they were given
6 a 5-foot, I believe, extra space because it
7 didn't exist.
8 If it doesn't meet the requirements, then
9 why would it pass? Isn't that why we have
10 requirements? Why get five feet when there
11 wasn't five feet to give?
12 And if you look at the buffer in the
13 landscape area, I do challenge you to put three
14 cars there if it's a doctor's office plus ADA
15 parking space. Now, put four cars back there
16 and please show me how they would make a
17 turnaround in the back.
18 Further, if you look in your documents,
19 there was no DOT traffic assessment of this
20 property for any kind of business as we go
21 forward.
22 Number four, because there was no parking
23 side -- excuse me -- because there was no sign
24 out front, our neighbors have just recently,
25 within the past week, gathered together. When
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1 you see how much grassroots has erupted because
2 of this issue, I hope you listen to the people,
3 all of the people that have come forth in one
4 week. And if -- I can guarantee you that if we
5 knew that we had to do this a couple of months
6 ago, I would have this place filled. So would
7 every single person that's involved in this
8 issue.
9 If we've done this in one week so quickly,
10 please understand this is how strongly our
11 passion is. So I do hope you consider not
12 passing this. And we hope that this would not
13 set a precedent out of any place on Hendricks
14 Avenue, especially for residences.
15 If, indeed, it is passed and if any kind of
16 spillover came down Lakewood and came down
17 Pine Tree, which is totally possible, that that
18 would not be acceptable as well and to --
19 with -- by any planning agency or the DOT.
20 Thank you.
21 THE CHAIRMAN: Thank you, ma'am.
22 Jeffrey Mulrain.
23 (Audience member approaches the podium.)
24 AUDIENCE MEMBER: Jeffrey Mulrain, 1416
25 Pine Tree Road.
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1 I would just like to state that it is a
2 neighborhood. It's a neighborhood of elderly
3 women, of families, children. I don't know, I
4 don't think there's any place for a business to
5 be in a community like that when, you know,
6 there's so many other locations. And they're
7 just going to rip apart a neighborhood by
8 shoving some new zoning law in there.
9 It doesn't seem right. It doesn't seem
10 right that by changing one thing it's going to
11 affect this entire group of houses and of people
12 that have grown up there, you know, myself
13 included. I've grown up in that neighborhood
14 right around there. And that's not right,
15 that's not fair.
16 We didn't have proper notice. There was
17 not due process. I mean, to just put something
18 up, you know, recently when all these people are
19 just finding out. And, yeah, look at how full
20 this place is.
21 I believe that if it was done by the books
22 and by the laws and statutes that makes our city
23 so great, this wouldn't even be an issue. This
24 would have been disregarded months ago. It's
25 ridiculous.
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1 And I'd like you guys to please keep in
2 mind that, you know, this was not done fairly,
3 this was not done correctly. This is impacting
4 people and not just values of homes but quality
5 of life and value of life. And there's a
6 community at stake here, not a business, not a
7 rezoning, not, you know, something that was just
8 kind of hurried along but a community. I
9 implore you to please think about that.
10 Thank you.
11 THE CHAIRMAN: Thank you, sir.
12 John Mulrain.
13 (Audience member approaches the podium.)
14 AUDIENCE MEMBER: My name is John Mulrain,
15 1416 Pine Tree Road.
16 I oppose the rezoning of Hendricks Avenue.
17 I live at the house and I really just don't want
18 to see our neighborhood change. There's no need
19 to have change.
20 And that's pretty much it.
21 THE CHAIRMAN: Thank you, sir.
22 Emilio Zeller.
23 (Audience member approaches the podium.)
24 AUDIENCE MEMBER: Thank you, Mr. Graham.
25 Emilio Zeller, 1237 Northwood Road.
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1 In 1943, my family moved to 3609 Hendricks
2 Avenue. Out of my bedroom window I'd be looking
3 at this piece of property.
4 In 1965, my wife and I bought our house on
5 Northwood Road. We've been there ever since.
6 There's nobody in this room -- unless somebody I
7 just don't know exists -- would be more
8 emotionally impacted by this.
9 In 1987, I moved my architectural practice
10 to 3515 Hendricks Avenue. Do the numbers. It's
11 very close. I practiced architecture for
12 36-and-a-half years on my own, and I've been on
13 both sides of this battle.
14 In classical zoning, old time yak, yak,
15 this is called a pimple. It's also -- addresses
16 the issue that, if it don't look pretty on a
17 map, it probably doesn't belong there. The map
18 simply shows that the west side of Hendricks
19 Avenue is residential, period, just
20 residential.
21 On the other side are offices that have,
22 thank God, maintained something that does not
23 look like Blanding Boulevard or University, but
24 this will start it. This will start it. There
25 is no way, despite what you may say.
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1 And thank you, Mr. Shad -- that I disagree,
2 Mr. Shad. There is no way that you can deny the
3 next guy and the next guy and the next guy, and
4 pretty soon the neighborhood is shot.
5 As an architect, I can tell you I can cram
6 a two-story building in there and probably get
7 the parking to fit sort of. Not a good
8 position, but somebody seems to want to do it.
9 Somebody just might get it, and I think it's
10 going to be a disaster. It ain't pretty. Don't
11 give us a pimple.
12 Thank you.
13 THE CHAIRMAN: Thank you, sir.
14 Matthew Posgay.
15 (Audience member approaches the podium.)
16 THE CHAIRMAN: Sorry if I butchered that,
17 sir.
18 AUDIENCE MEMBER: You did perfectly.
19 Thank you so much for taking time out of
20 your busy schedules to listen to us today. As
21 you can tell, the emotions run high and the
22 concern is legitimate for myself.
23 I live at 1348 Lakewood Road. I'm in the
24 immediate vicinity of this processed change, and
25 I vehemently oppose both measures.
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
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1 I'm not going to go through the things
2 you've already heard but just discuss a few
3 minor points.
4 We had a meeting yesterday with Mr. Harden
5 and we were told everything is in the PUD site
6 plan. It's not. The PUD site plan indicates it
7 can be a multitude of uses: professional
8 business, medical, or dental. It is not
9 limited. The RPI designation is not for a
10 single use. It's for mixed use, which, from my
11 understanding, could lead to retail as well.
12 That has not been excluded.
13 The City zoning, February 20, 2009, report
14 indicates a building as large as 5,662 square
15 feet could be put into this space. There is no
16 guarantee and there's been no determination that
17 the building will stay as is or be torn down and
18 built with something else. The current square
19 footage of the home is 1,248 square feet.
20 Once these plans go forward, if the council
21 approves them, there will be no way to put that
22 horse back in the barn and our community will be
23 completely forever changed.
24 As one of the City's attorneys told us
25 yesterday, if these two things are approved,
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1 there is no mechanism to revert the land use and
2 the zoning back to the current designation.
3 The City has asked in their report for
4 certain studies and tests to be done. All of
5 those tests and studies are to be done after the
6 approval process. If those things don't go
7 forward correctly, there is no protection for my
8 home and my neighborhood to have the current use
9 stay in place. Once the decision is made,
10 there's nothing we can do and our neighborhood
11 will be destroyed.
12 If you look at the City's February 26,
13 2009, report, there are several things that are
14 important that are mentioned. It discusses a
15 change can be made when it's to promote the full
16 range of employment, shopping and leisure
17 activities. None of those are needed here and
18 there's no proof that those things are in dire
19 need in the colonial Maynard neighborhood.
20 It also indicates expansion from commercial
21 that borders residential will only be allowed if
22 it's precluding nonresidential traffic on the
23 neighborhood streets. There has been no
24 testimony whatsoever, no evidence that that will
25 be precluded.
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
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1 The traffic study was based on a
2 1,248-square-foot home, not on a building that
3 could be as large as 5,662 square foot. Having
4 a few parking spaces does not guarantee that
5 requirement, that there will never be spillover
6 onto neighboring streets.
7 There is more that I would like to say. I
8 recognize that my time is limited, and I'll
9 listen to the rest of my neighbors who are here
10 in solidarity to voice our strong disapproval
11 against these measures.
12 Thank you for your time.
13 THE CHAIRMAN: Sir, that was exactly three
14 minutes. You did a fine job too.
15 Chris --
16 AUDIENCE MEMBER: Shakib.
17 THE CHAIRMAN: Thank you, sir.
18 (Audience member approaches the podium.)
19 THE CHAIRMAN: Name and address for the
20 record, please.
21 AUDIENCE MEMBER: My name is Christopher
22 Shakib. I live at 1422 Lakewood Road.
23 And I'm an attorney, and I'm here for the
24 same reason that Mr. Posgay was here. I don't
25 want to beat a dead horse either, say the same
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
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1 things that he said.
2 There are close to 200 people who live in
3 the area that's affected. And the interesting
4 thing about a situation like this is, like
5 nothing I've seen in the five years that I've
6 lived on Lakewood, this has brought us
7 together. We overwhelmingly oppose the project
8 that has been offered today for you to review.
9 We have a petition that 70 percent of the
10 residents have signed.
11 For approximately almost 70 years, between
12 Emerson and River Oaks Road, on the west side of
13 Hendricks, there have been no new commercial
14 property uses allowed in our neighborhood.
15 Certainly a lot of people have tried, and it's
16 never been allowed. The reason it never was
17 allowed, because there never was a good reason
18 to do it, and nothing has changed. There still
19 isn't a good reason to do it. We have no
20 shortage of professional office space in the
21 area.
22 We oppose this proposal for three major
23 reasons. One is safety. Our neighborhood has a
24 lot of children and a lot of them go to
25 Hendricks Elementary, which is only two blocks
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1 north of this project. A lot of them walk on
2 the sidewalk that runs right in front of this
3 project. If we start turning this into a
4 commercial area, there will be a lot more cars
5 coming in and out of the parking lot, there will
6 be cars coming down our streets, and it will be
7 a different neighborhood and a less safe
8 neighborhood.
9 The second reason is we have a historic
10 neighborhood. We've done a good job of
11 maintaining that. If you start turning this
12 commercial, that ends. And there's no way that
13 anybody can say that if it's allowed for this to
14 happen that the next person down the street who
15 tries to rezone to a commercial use won't be
16 allowed to do it.
17 And, finally, fairness. You know, there's
18 a woman, Jean Rhodes, who lives in our
19 neighborhood, she's lived there since they built
20 this neighborhood 70 years ago, and she knows
21 everything that's happened along the way.
22 When they widened, years ago, Hendricks
23 Avenue, the people who fronted Hendricks on the
24 west side had half their front yards taken away
25 and we're about to.
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
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1 And this committee or its predecessor
2 helped get that through and convinced the folks
3 in the neighborhood that it was okay and that it
4 was a good plan by saying, look, in perpetuity,
5 we're going to make sure that everything
6 fronting Hendricks on the west side is going to
7 be low density residential. We promise.
8 Well, that promise is being -- it's
9 proposed that this promise is being broken. We
10 ask that you keep the promise that was made
11 by -- to our neighborhood years ago.
12 This is opposed by the San Marco
13 Preservation Society, it's opposed by the
14 principal of Hendricks Elementary, and it's
15 opposed by nearly everybody in our
16 neighborhood. We'd ask that you not go along
17 with this.
18 THE CHAIRMAN: Thank you, sir.
19 Dennis Gampay.
20 AUDIENCE MEMBER: Gampay.
21 (Audience member approaches the podium.)
22 THE CHAIRMAN: Welcome, sir.
23 AUDIENCE MEMBER: Thank you.
24 THE CHAIRMAN: I need your name and address
25 for the record, please.
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
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1 AUDIENCE MEMBER: Dennis Gampay, 1342
2 Lakewood Road.
3 Mr. Harden is right, he did send out
4 notices, but I think there were only about three
5 or four of them. And when we got the notice, we
6 called Jacksonville and they said there will be
7 a sign in the yard to let you know when we have
8 hearings. The sign was never apparent for six
9 months. And I'm not going to keep reiterating
10 about the sign, but the sign was put up
11 yesterday and I have documents of it. And it
12 was so far back against the house, you could
13 barely see it and the house isn't marked.
14 My point to Mr. Harden is, you kept talking
15 about there's commercial property to the north,
16 commercial property to left, commercial property
17 across the street. We have two last parcels of
18 property in a residential area. Let's take it.
19 Now, that is amazing to me that that would be
20 allowed.
21 Thank you. That's it.
22 THE CHAIRMAN: Thank you, sir.
23 Paula Joyner.
24 (Audience member approaches the podium.)
25 THE CHAIRMAN: Name and address for the
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1 record, please, ma'am.
2 AUDIENCE MEMBER: Paula Joyner, 1334
3 Lakewood Road.
4 I'm here on behalf of 150-plus people who
5 have signed our petition, who would like to be
6 here tonight, and we're all here representing
7 them.
8 This petition was put out Saturday morning,
9 so we did this very quickly. So you can see
10 there is a ground swell against it. People
11 really don't want it to happen. The red marks
12 indicate -- the red marks indicate all of the
13 people who signed on the parcel they live on.
14 And it's all the way up to San Marco Boulevard,
15 so . . .
16 THE CHAIRMAN: Ma'am, what did the petition
17 say?
18 MS. JOYNER: It specifically addressed the
19 issue of the rezoning for the parcel at 3634 and
20 that we wanted to have the west side remain
21 contiguous neighborhood and that we did not want
22 any commercial intrusion in that parcel.
23 And just a few points that I would like to
24 say is that I think the DOT study is just
25 critical in this piece. And I feel, along with
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
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1 signage, it's very, very important because I
2 think we do need to understand the traffic in
3 preparation for making a decision on this
4 zoning.
5 But I do believe, backing up, that the
6 signage -- if we had this kind of a ground swell
7 since Saturday once people got news of it, it
8 seems to me that had the zoning sign been out
9 there consistently, there would be no telling
10 how many people we would have today, and we very
11 much want to increase this number by the time
12 that we get it to the City Council level.
13 I feel like, as a neighbor who lives on
14 Lakewood Road, that I bought my home with 1930
15 zoning in place. I would say I probably bought
16 it because it was aesthetically pleasing because
17 of that zoning, and I so much would love to not
18 see it changed. It doesn't seem fair that one
19 person can change the zoning that affects so
20 many people and their quality of life and
21 enjoyment of their neighborhood and the value of
22 their property.
23 Thank you so much.
24 THE CHAIRMAN: Thank you, ma'am.
25 Justin Joyner.
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1 (Audience member approaches the podium.)
2 AUDIENCE MEMBER: My name is Justin
3 Joyner. I live at 1873 River Road.
4 And I too oppose this zoning change for
5 3634 Hendricks really for all the reasons that
6 have been said so well tonight.
7 I helped put together the map that you see
8 that my mom handed out. And, you know, what we
9 tried to do with this map is just to really give
10 you a visual about how much opposition there is
11 within the neighborhood. And I'm not talking
12 just immediate, you know, three streets that
13 border this proposed zoning change but also the
14 neighborhood spilling on into San Marco Square.
15 We have so much to lose with San Marco if
16 the zoning gets changed, and then that zoning
17 change is allowed to trickle down up to the
18 square because, you know, contrary to what
19 Mr. Harden said, there are a number of houses on
20 Hendricks on the west side that could, you know,
21 potentially be changed if this rezoning is
22 allowed to go through.
23 You know, I could honestly see people
24 saying, well, why not get my house changed all
25 the way up into San Marco Square. And I
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1 believe, just like so many people that signed
2 the petition -- and there is actually a blank
3 copy of the petition on the last part of that
4 document she handed out.
5 But everybody that signed that petition,
6 you know, feels the same way. They want to keep
7 San Marco the neighborhood that it's been for so
8 many years and to maintain that charm, and we
9 believe the way to do that is to make sure that
10 this rezoning does not take place.
11 The other thing I'd like to just say in
12 response to Mr. Harden's -- you know, he
13 mentioned that the other side of the street is
14 commercial. That is true, but it is -- they're
15 very small commercial buildings, they are
16 graphic designers, yoga studios, a small
17 doctor's office. They are all one story, to the
18 best of my knowledge.
19 But I would also like to point out to him
20 that the property values on that side of the
21 street are drastically lower than on the side of
22 the street that we're talking about rezoning,
23 and I personally believe that's part of the
24 reason the property values are lower over
25 there. I mean, it is a more commercial area.
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
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1 So thank you for the time, and we hope
2 that -- we urge you and hope that you will, you
3 know, reject this rezoning request.
4 Thank you.
5 THE CHAIRMAN: Thank you, sir.
6 I don't have any more cards, so I will
7 close that public hearing.
8 Mr. Shad.
9 MR. HARDEN: Can I reply, Mr. Chairman?
10 THE CHAIRMAN: Maybe Mr. Shad has got a
11 question to ask you.
12 MR. SHAD: No.
13 MR. HARDEN: All right.
14 MR. SHAD: Okay. If we're done with public
15 comments, we're in committee?
16 THE CHAIRMAN: Yes.
17 MR. SHAD: This is the land use. So the
18 amendment with the conditions would go for the
19 next bill, the rezoning, right?
20 THE CHAIRMAN: Yes.
21 MR. SHAD: Okay. So on the land use -- you
22 already closed the public hearing?
23 THE CHAIRMAN: Yes.
24 MR. SHAD: Okay. Great.
25 You know, I've been, the last two weeks --
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1 or since the transmittal six months ago,
2 especially the last couple of weeks been jogging
3 by. I drive by several times a day, you know,
4 evaluating these properties. You know, I know
5 that the committee and the council as a whole
6 looks at the district councilperson. And, you
7 know, we handle it different ways.
8 And I'll tell you, I really am interested
9 in y'all evaluating this on its merits. And I'm
10 going to -- y'all's opinion is really important
11 to me on this, so -- there's a lot of district
12 councilpersons up here around this dais, and
13 I'd -- you know, instead of telling you where
14 I'm at, I'd like to formulate my opinion by
15 seeing how you all debate this and how you, as
16 district councilpersons, put yourself in this
17 situation and see what decision you come up
18 with, and then I'll look forward to -- if this
19 does get out of committee, I'll look forward to
20 debating it on the council floor a week from
21 tonight.
22 So wish you well in your deliberations.
23 Thank you.
24 THE CHAIRMAN: Thank you, sir.
25 Mr. Holt.
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1 MR. HOLT: Thank you, Mr. Chair.
2 I had a couple of questions for Mr. Harden
3 about some of the things that were said --
4 (Mr. Harden approaches the podium.)
5 MR. HOLT: -- and for Planning.
6 There was some mention of potential uses.
7 Could you explain to me what the potential --
8 what the uses are limited to? Because there
9 was --
10 MR. HARDEN: I will, Councilman Holt.
11 Mr. Posgay had the same explanation yesterday.
12 There are two applications. There's an
13 application for a land use map amendment, and
14 that's the RPI. It has a myriad of uses listed
15 there, and those are the ones he talked about.
16 But the zoning is the PUD, and the PUD limits
17 the uses to three uses. It limits it to
18 professional offices, it limits it to medical or
19 dental offices, and it limits it to
20 single-family residential. There was a day care
21 in there. We removed that at the request of the
22 district councilman.
23 So Mr. Posgay's comments related to what
24 could go in RPI. On the other hand, there is a
25 PUD contract that limits it to just those three
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1 uses, and those are the only three that we are
2 requesting.
3 MR. HOLT: Okay. That's what I had
4 discussed earlier, and I just wanted to clarify
5 that what you had told me earlier today was
6 correct.
7 Let me take this opportunity to go ahead
8 and declare my ex-parte. I spoke with
9 Mr. Harden today in my office at one o'clock and
10 discussed the surrounding properties and the
11 allowed uses.
12 Could I also ask a question of the Planning
13 Department?
14 There was a mention of parking. Can you
15 tell me where we stand on parking requirements
16 on this?
17 MR. KELLY: Certainly.
18 Through the Chair to Councilman Holt, the
19 subject property consists of the existing
20 single-family dwelling on the property. It's
21 approximately 1,500 square feet at a ratio of
22 about four parking spaces per thousand for
23 professional office. You're looking at six
24 parking spaces plus one handicapped space.
25 MR. HOLT: Okay. So we're -- are we
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1 requiring six parking places plus one
2 handicapped?
3 MR. KELLY: The applicant has indicated in
4 the written description that they will comply
5 with the Part 6 parking requirement.
6 MR. HOLT: Okay. So we're not -- we're not
7 cutting the parking requirements at all?
8 MR. KELLY: No. There is a condition for
9 approval of the PUD that, at the time of
10 verification of substantial compliance, the
11 applicant would come forward with a landscape
12 plan and a parking plan.
13 We are specifically conditioning the
14 parking be behind the house and not in the front
15 yard. We do want to maintain the residential
16 character of the area.
17 MR. HOLT: Okay. That was my only
18 questions.
19 Thank you.
20 THE CHAIRMAN: Hold on a second,
21 Mr. Harden.
22 Mr. Webb.
23 MR. WEBB: Thank you, Mr. Chairman.
24 Actually, I don't have a question for
25 Mr. Harden. It was more for Planning, but I
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1 don't know if we're properly postured.
2 THE CHAIRMAN: Well, we're just going to
3 move the bill. This is the land use, not the
4 zoning. If you -- your question is with the
5 land use or the zoning? Which one?
6 MR. WEBB: The -- I'll wait. Thank you.
7 THE CHAIRMAN: Okay.
8 Mr. Crescimbeni.
9 MR. CRESCIMBENI: Thank you, Mr. Chairman.
10 Through the Chair to Mr. Harden. There
11 were some comments about the lack of signs
12 advertising the land use and the rezoning. Can
13 you comment on that?
14 MR. HARDEN: Yes, sir, I can,
15 Mr. Crescimbeni.
16 There was signage during the transmittal
17 period. There was not signage during the
18 adoption period. Every single person who asked
19 me about that, I asked them did they get written
20 notice, and they all told me to the person they
21 got written notice. That written notice says
22 the dates that the hearings are going to be.
23 People called me in September and asked me about
24 the project, so I knew they had notice of the
25 project in September.
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1 So the people -- everyone who spoke here
2 tonight got actual notice of the hearing dates.
3 We did not replace the signs after the
4 transmittal stage.
5 MR. CRESCIMBENI: With that said, through
6 the Chair, did the sign go up yesterday? I
7 heard some comments about a sign being posted.
8 MR. HARDEN: When we met -- we met on the
9 site yesterday and Ms. Joyner asked me to go get
10 a sign and put it up yesterday, and I did.
11 MR. CRESCIMBENI: So why did you do that if
12 everybody already had notice?
13 MR. HARDEN: To comply with what she
14 requested.
15 MR. CRESCIMBENI: Okay. Thank you.
16 THE CHAIRMAN: Mr. Webb.
17 MR. WEBB: Actually, thank you,
18 Mr. Chairman. This probably is relative to the
19 land use that's before us.
20 The question for Mr. Harden -- I was
21 looking at the GIS maps here, and 3634 access,
22 ingress/egress is off of Hendricks Avenue,
23 correct?
24 MR. HARDEN: Yes, yes. The frontage is on
25 Hendricks Avenue.
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1 MR. WEBB: And the frontage --
2 MR. HARDEN: The access --
3 MR. WEBB: And the frontage for 3642, which
4 is the property that's immediately to the south
5 of 3634, is that off --
6 MR. HARDEN: That has access off Hendricks
7 Avenue. That was the other property to which I
8 spoke, yes.
9 MR. WEBB: Okay. Then you go another
10 parcel south, you get to 1437 Lakewood Road.
11 Where is the ingress/egress for that?
12 MR. HARDEN: Those both front into
13 Lakewood Road.
14 MR. WEBB: And then go across the street,
15 go across Lakewood Road to 1438, that access is
16 not off Hendricks, it's off of --
17 MR. HARDEN: It's not. It's just off
18 Lakewood.
19 MR. WEBB: Lakewood. All right.
20 Then you go north to 1434 Pine Tree Road,
21 and that access is off of Pine Tree?
22 MR. HARDEN: That's correct.
23 MR. WEBB: And then 1433 is just one
24 parcel. North of that, that's off of Pine Tree
25 as well?
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1 MR. HARDEN: Both those front on Pine
2 Tree. They have fences along --
3 MR. WEBB: So these -- these two parcels.
4 Okay. I understand what it looks like. I
5 got it.
6 THE CHAIRMAN: Mr. Brown.
7 MR. BROWN: Mr. Harden.
8 MR. HARDEN: Yes, sir.
9 MR. BROWN: Through the Chair to
10 Mr. Harden.
11 MR. HARDEN: Yes, sir.
12 MR. BROWN: Looking at these two parcels
13 that's facing Hendricks --
14 MR. HARDEN: Yes, sir.
15 MR. BROWN: -- to the left and the right,
16 approximately a mile each way, so we have
17 parcels facing Hendricks?
18 MR. HARDEN: No. I started at the -- well,
19 if you start across the street -- I don't see
20 how it's fair to include San Marco in the
21 neighborhood but not the two miles of office
22 across the street.
23 But just limiting it to the west side of
24 the road, if you start at the Methodist church,
25 that faces onto Hendricks.
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1 You go up and it faces onto Hendricks where
2 Beard's Jewelers is, and it's in a commercial
3 use. The next piece up faces on Hendricks, is
4 the Metro Diner, it's in a commercial use. The
5 next piece up is the Hendricks Avenue Elementary
6 School, and it is in an institutional use that
7 faces on there.
8 Then you have a series of houses that all
9 face inward, not on Hendricks Avenue, then you
10 get to these two houses. They face Hendricks
11 Avenue. Then there's a series of houses that
12 face inward, then you get to a public -- a City
13 park, that Mickey King Park access off
14 Hendricks.
15 The next thing is the Gate Petroleum
16 station. It faces Hendricks. It's in
17 commercial. And then the next thing up is a
18 professional office facing Hendricks Avenue.
19 The next thing to that is the Lutheran church,
20 and it faces onto Hendricks Avenue.
21 So literally everything from the Methodist
22 church to the Lutheran church that faces on
23 Hendricks is either in an institutional or a
24 commercial use.
25 MR. BROWN: Okay. So what makes this --
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1 these two parcels -- are we talking about the
2 one in particular, 3634 --
3 MR. HARDEN: Yes.
4 MR. BROWN: -- unique in the way that it's
5 faced?
6 MR. HARDEN: The frontage on to Hendricks
7 Avenue, yes, sir.
8 MR. BROWN: All right. Thank you.
9 THE CHAIRMAN: Mr. Crescimbeni, yes.
10 MR. CRESCIMBENI: Thank you, Mr. Chairman.
11 Through the Chair to Mr. Harden.
12 Mr. Harden, how would you describe the character
13 of the west side of Hendricks from, say, the
14 church that I think you used to represent -- may
15 still do -- all the way down to, like, the Gate
16 station?
17 MR. HARDEN: Now, which church?
18 I've represented all those churches along
19 there, I'm sure.
20 MR. CRESCIMBENI: The one at Hendricks,
21 San Jose.
22 MR. HARDEN: That's the Methodist church.
23 Southside Methodist Church, yes, sir.
24 MR. CRESCIMBENI: From the Methodist church
25 down to, like, the Gate station, south of
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1 Emerson Street, how would you describe the
2 character of that west side of the street with
3 regard to how it's changed in, say, the past
4 eight or nine or ten years?
5 MR. HARDEN: Well, I just went down and
6 gave you the exact uses along there.
7 MR. CRESCIMBENI: You gave me the present
8 uses. Would it be fair to say that those were
9 the uses eight or nine or ten years ago?
10 MR. HARDEN: No, no.
11 MR. CRESCIMBENI: Tell me what you think
12 happened.
13 MR. HARDEN: As you started -- as you
14 started to indicate, the Southside Methodist
15 Church had a zoning change on land that faced
16 onto Hendricks that I did a land change and
17 rezoning for them.
18 The Beard's Jewelers had a -- that may have
19 been more than ten years ago in that strip
20 center.
21 The Metro Diner had two changes in the last
22 eight years related to retail sale of alcohol.
23 And so, to that extent, it's -- there's been a
24 change there.
25 I don't think there's been another change
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1 other than -- you get up to the Gate station in
2 that area.
3 The change, I guess, to the character is,
4 instead of -- when my client moved in about
5 12 years ago, when there was 30,000 trips a day
6 on San Jose Boulevard. Now it carries about
7 70,000 trips a day and increasing. And so
8 that -- you know, San Jose Boulevard is a
9 thoroughfare. And facing onto that
10 thoroughfare, I think, changes the character, at
11 least for those uses that face onto the road.
12 MR. CRESCIMBENI: Thank you.
13 THE CHAIRMAN: Mr. Shad.
14 MR. SHAD: Thank you.
15 Through the Chair to the committee, there
16 was just -- I want to make sure it's clear.
17 There are four properties between the church and
18 the Gate station that face Hendricks that are
19 currently residential.
20 The two -- the property in question, the
21 neighboring property, two blocks to the -- I
22 guess that's to the north, 3506, behind two
23 homes that front Northwood, and then there's one
24 small house between that park and 1438
25 Lakewood.
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1 So really if you're looking at -- when
2 you -- if this committee and this council were
3 to go forward on this, I think the unique
4 characteristics this lot holds are there are
5 three other lots with those same
6 characteristics, and I want to just make that
7 clear.
8 Thank you.
9 THE CHAIRMAN: Seeing no other person --
10 Mr. Redman.
11 MR. REDMAN: Mr. Harden.
12 MR. HARDEN: Yes, sir.
13 MR. REDMAN: There was mention made that
14 the value of the homes on the east side of
15 the -- of Hendricks are not as valuable as the
16 homes on the west side of Hendricks because of
17 the business on the other side. Can you --
18 MR. HARDEN: I beg to differ. I
19 actually -- a member of my family shopped that
20 neighborhood within the last year, and he
21 ultimately bought a house on the east side of
22 Hendricks, and I will tell you that he paid a
23 lot of money for the house. There are a variety
24 of values in that neighborhood.
25 Obviously, when you get across San Jose
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1 onto the river side in there, it's substantially
2 greater. When you get all the way to
3 St. Augustine Road, it's substantially less.
4 But the houses that are behind the
5 businesses on the east side of the road are
6 very, very nice houses. You rarely see a
7 For Sale sign in most of those neighborhoods.
8 Of late, there's been more signs for sale, but
9 it's --
10 You know, Mr. Carlucci just rebuilt his
11 office, you know, right behind -- or right in
12 front of it. And then the house that was two
13 houses down, you know, he built it right there
14 on Hendricks Avenue. And then that house sold
15 within, you know, a couple of months of it
16 starting for I know, you know, over $350,000.
17 So, I mean, I -- I beg to differ on the
18 value of those houses.
19 They're very nice houses behind, you know,
20 both the east and west side. And I don't think
21 they've been denigrated, in part, because I
22 think the character of the houses -- of the
23 offices that are along the east side have looked
24 like houses. They look like residences, which
25 is one of the requirements that the Planning
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1 Department put in this PUD, that they not be --
2 that they be built to a residential character.
3 There are a couple of them that don't look
4 like houses to me, but most of them. And there
5 are a couple of them that are two-story. But,
6 generally speaking, they look like residential
7 dwellings, and that is a requirement in the PUD
8 that the Planning staff has put on us.
9 MR. REDMAN: Would you venture to say that
10 the traffic on that street would dictate whether
11 or not the property on the street would be
12 valuable, or less valuable, more valuable than
13 houses on either side behind them?
14 MR. HARDEN: Yeah. And that was -- and I
15 think, in fairness, one of the comments made was
16 there's going to be spillover into the
17 neighborhoods. There isn't any spillover into
18 the neighborhoods from the properties on the
19 other side of the road, so I don't know why
20 there would be spillover on this side of the
21 road.
22 But the value of the frontage is
23 denigrated, of course, by the traffic activity
24 on there, as you point out.
25 THE CHAIRMAN: Thank you, sir.
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1 No one has even moved this bill yet. Can I
2 get a motion and a second?
3 MR. HOLT: Move the bill.
4 DR. GAFFNEY: Second.
5 THE CHAIRMAN: It's been moved and
6 seconded.
7 Mr. Brown.
8 MR. BROWN: Okay. Through the Chair to
9 Planning. I just wanted to see -- can I have
10 them to give their position on this particular
11 project, the pros and cons?
12 THE CHAIRMAN: Well, the Planning
13 Commission and Planning Department already
14 approved it.
15 MR. BROWN: Right. Okay.
16 I mean, can you speak of it? Because I
17 wasn't at the meeting. Because I've heard, you
18 know, from both sides and just want to get your
19 take on it as well.
20 MR. KILLINGSWORTH: To the Chair, to the
21 councilmember, in regards to the land use -- and
22 I'll let Mr. Kelly respond in terms of the
23 zoning -- the department looked at it. There
24 were basically four parcels on the west side
25 that have this same criteria that face Hendricks
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1 Avenue. All the other parcels on the east side
2 of Hendricks Avenue that face Hendricks already
3 have the exact same land use. So that was the
4 primary criteria in which we used to look at
5 that.
6 And I'll let Sean speak to the zoning.
7 MR. KELLY: Through the Chair to Councilman
8 Brown. The zoning specifically, the department
9 is supportive of this because of the --
10 obviously the restrictions on the use is
11 limiting professional office, medical office.
12 Maintaining the residential character,
13 again, is very important. And from the
14 department's side, I mean, for consistency with
15 the land use, we're supportive of that being
16 consistent with the future land use element and
17 the adjacent proximity of all the other CRO
18 essentially across the street that has those
19 offices already in place. So we felt that it
20 wasn't creating a precedent.
21 THE CHAIRMAN: Seeing no further questions,
22 please open the ballot.
23 (Committee ballot opened.)
24 MR. GRAHAM: (Votes yea.)
25 DR. GAFFNEY: (Votes yea.)
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1 MR. BROWN: (Votes yea.)
2 MR. REDMAN: (Votes yea.)
3 MR. WEBB: (Votes yea.)
4 THE CHAIRMAN: Close the ballot and record
5 the vote.
6 (Committee ballot closed.)
7 MS. LAHMEUR: Five yeas, zero nays.
8 THE CHAIRMAN: By your action, you've
9 approved 2009-114.
10 2009-115. There's an amendment.
11 MR. HOLT: Move the amendment.
12 DR. GAFFNEY: Second.
13 THE CHAIRMAN: The amendment has been moved
14 and seconded.
15 Can we hear the amendment, please.
16 MR. CROFTS: Yes, Mr. Chairman.
17 The amendment is the following conditions:
18 Number 1, "The development shall be subject
19 to the original legal description dated
20 December 22, 2008."
21 Number 2, "The development shall be subject
22 to the" -- I would assume this would be a
23 revised written description.
24 MR. HARDEN: No.
25 MR. CROFTS: Same one?
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1 Okay. "The development shall subject to
2 the" --
3 MR. HARDEN: (Inaudible.)
4 MR. CROFTS: Right. There's a revised
5 written description because we're taking out the
6 day care. So it would be a revised written
7 description, and I assume that that would be
8 dated today.
9 Number 3, "The development shall be subject
10 to the original site plan dated December 22,
11 2006."
12 Number 4, "The development shall be subject
13 to the review and approval of the Development
14 Services Division pursuant to the memorandum
15 dated January 29, 2009, and the FDOT memorandum
16 dated January 8, 2009, and the Transportation
17 Planning section memorandum dated February 9,
18 2009, or as otherwise approved by the Planning
19 and Development Department."
20 Number 5, "Parking will be provided behind
21 the building for uses other than single-family
22 use."
23 Number 6, "The architectural style shall be
24 substantially similar to the surrounding
25 developments, subject to the review and approval
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1 by the Planning and Development Department at
2 the time of verification of substantial
3 compliance."
4 Thank you.
5 THE CHAIRMAN: Thank you, sir.
6 Mr. Holt.
7 MR. HOLT: Thank you, Mr. Chairman.
8 I'm sorry. I declared my ex-parte early,
9 but in relation to the rezoning, I did speak
10 with Mr. Harden today at one o'clock in my
11 office discussing the surrounding properties and
12 the consistency and the allowed uses.
13 THE CHAIRMAN: Thank you.
14 Shannon.
15 MS. ELLER: Thank you, Mr. Chairman.
16 I have typed up the additional conditions
17 as I believe they were read into the record
18 earlier by Councilman Shad, so I'll defer to him
19 and to the applicant for their concurrency.
20 The next condition would be that day care
21 and clinic uses are prohibited, the height is
22 restricted to two stories and 30 feet, the hours
23 of operation are limited to 6:00 a.m. to
24 10:00 p.m.
25 And then the seventh condition says that,
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1 "The property has the unique character of
2 fronting Hendricks Avenue and possesses a
3 Hendricks Avenue address. The subject property
4 is not a corner lot; therefore, the approval
5 granted herein is specific to the subject
6 property and any development of the surrounding
7 property shall be evaluated independently so
8 that the approval granted herein is not used as
9 justification for further commercial
10 expansion."
11 THE CHAIRMAN: Thank you.
12 Mr. Shad, do you have anything?
13 MR. SHAD: Just when you speak on the
14 amendment --
15 THE CHAIRMAN: We're on the amendment.
16 MR. SHAD: Thank you.
17 One of the speakers spoke of having drugs.
18 There was a medical office having drugs. Is
19 that allowed, a medical office having drug
20 sales, under this zoning? And if so, would we
21 want to -- I mean, obviously, it couldn't be a
22 pharmacy. It would not be allowed, a
23 professional office.
24 MR. KELLY: I mean -- it's hard to
25 explain. I guess a medical office, they do
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1 provide treatment on site and do write
2 prescriptions. Obviously, any prescription
3 would have to be filled at an off-site -- but
4 they do have treatment on site. To what extent
5 it --
6 MR. SHAD: I just wanted to make sure there
7 wouldn't be any retail sales or any
8 pharmaceutical sales on site.
9 MR. KELLY: No. That would be prohibited.
10 MR. SHAD: Okay. Thank you.
11 THE CHAIRMAN: Dr. Gaffney.
12 DR. GAFFNEY: Thank you, Mr. Chairman.
13 I just want to declare ex-parte. I spoke
14 with Mr. Harden today approximately around
15 2 o'clock in reference to the -- some of the
16 zoning issues as it relates to the bill.
17 THE CHAIRMAN: Thank you, sir.
18 Mr. Redman.
19 MR. REDMAN: Thank you, Mr. Chairman.
20 I also need to declare ex-parte. I talked
21 with Mr. Harden this afternoon around 2:30, I
22 suppose, about the zoning.
23 THE CHAIRMAN: Thank you, sir.
24 Mr. Webb.
25 MR. WEBB: Thank you, Mr. Chairman.
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1 I, likewise, declare ex-parte with
2 Mr. Harden about 10:30 this morning in my
3 office. I had a ten-minute discussion as to the
4 substance of this proposed PUD.
5 Thank you.
6 THE CHAIRMAN: Okay. All in favor of the
7 amendment signify by saying aye.
8 COMMITTEE MEMBERS: Aye.
9 THE CHAIRMAN: Those opposed.
10 COMMITTEE MEMBERS: (No response.)
11 THE CHAIRMAN: By your action, you've
12 approved the amendment.
13 MR. HOLT: Move the bill as amended.
14 DR. GAFFNEY: Second.
15 THE CHAIRMAN: The bill has been moved and
16 seconded as amended.
17 Any further discussion on the bill?
18 Mr. Crescimbeni.
19 MR. CRESCIMBENI: Thank you, Mr. Chairman.
20 You kind of jumped the gun on me on the
21 land use. I guess I wasn't paying close enough
22 attention.
23 But I actually went and visited this site
24 yesterday. And, folks, I don't see it. I don't
25 see the land use change and I don't see the
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1 zoning change. The west side of Hendricks
2 Avenue -- and no disrespect to the district
3 councilmember, but it's my district too -- and
4 there's no commercial over there, and there was
5 something rattling around in my head about an
6 exception a while back that Mr. Crofts provided
7 me a copy of.
8 Mr. Crofts, this 2750 Hendricks Avenue, do
9 you know where that is in relationship to
10 what -- isn't it in this same little strip of --
11 MR. CROFTS: Through the Chair, I think
12 that property is just north of the River Oaks
13 Park, which would be slightly north of the
14 elementary school in that area, around the
15 curve, up on the curve of Hendricks.
16 MR. CRESCIMBENI: So can -- I mean, this
17 was an exception that was filed in 2002 by a
18 similar resident in a home like we're talking
19 about today. They wanted an exception to
20 operate one -- a one-chair salon out of their
21 home. They were going to cut hair out of one
22 chair, and the Planning Department wrote a
23 report to not approve it.
24 And it talks about things -- you know,
25 about the traffic on Hendricks and being
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1 incompatible with the surrounding residential
2 land uses. "Will the proposed use have a
3 detrimental effect on the future development of
4 contiguous properties of the general area?
5 Yes."
6 How do we get from this report in 2002 on a
7 similar property in a neighborhood that the
8 applicant's counsel described as -- other than
9 traffic changing, was pretty much the same as
10 eight or nine or ten years ago, to where we are
11 today with an approval on this land use and this
12 PUD?
13 THE CHAIRMAN: Anyone?
14 MR. CROFTS: As far as the circumstances
15 involved, I believe -- well, I know our concern
16 was -- back in 2002, had to do primarily with
17 the location of the property on the curve and
18 the traffic; particularly the access, the
19 backing in and backing out at that particular
20 location was particularly a threat to safety for
21 us.
22 So the big difference, in my opinion, as
23 looking at the two reports, would basically be
24 the location on that particular road as it
25 related to the curvature of the road, the
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1 traffic, and the limitations on the lot that's
2 involved.
3 MR. CRESCIMBENI: Mr. Crofts, with all due
4 respect, criteria one in your report from 2002
5 says, "Will the proposed use be consistent with
6 the comprehensive plan?" Remember, this is a
7 one-chair salon.
8 The answer from the Planning Department
9 was, "No. The subject property is located in
10 the LDR functional land use category, according
11 to the future land use map series, adopted as
12 part of the 2010 Comprehensive Plan.
13 "The LDR category permits secondary and
14 supporting commercial uses including home
15 occupations. However, the grant of this
16 exception is inconsistent with the future land
17 use element, policy 3.1.2, which calls for the
18 City to eliminate incompatible land uses or
19 blighting influences from residential areas.
20 The proposed use represents a commercial
21 intrusion upon the surrounding residential
22 area."
23 If a one-chair salon represents a
24 commercial intrusion into a surrounding
25 residential area, how does this PUD not do the
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1 same thing?
2 I mean, I just -- I don't get it. There's
3 no commercial there until you go all the way
4 south to the Gate station and all the way north
5 to -- I guess it's the Metro Diner.
6 THE CHAIRMAN: Was that question back to
7 Mr. Crofts again?
8 MR. CRESCIMBENI: Yeah, if he could answer
9 that.
10 MR. CROFTS: I would say, in this
11 particular case, the proof really lies in the
12 PUD and the seemingly similarity that we're
13 trying to emit with this particular proposal and
14 the minimization of the nature of the structure,
15 the intensity of the structure, and our ability
16 to try to tie it down as closely as possible
17 through the PUD mechanism with a -- or through
18 the PUD mechanism with an all-out effort to make
19 it as compatible as possible with the
20 residential -- surrounding residential
21 development.
22 MR. CRESCIMBENI: Mr. Chairman, again,
23 thank you for the invitation to attend tonight.
24 I'm trying to get some questions answered
25 here so I don't have to ask them on Tuesday
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1 and -- but --
2 THE CHAIRMAN: This is the place to do it.
3 MR. CRESCIMBENI: I served on this
4 committee for five years, chaired it for three.
5 And I'm telling you, this is insane. And I just
6 don't see how -- I could never --
7 (Applause.)
8 THE CHAIRMAN: Please.
9 MR. CRESCIMBENI: I could never support
10 this if I were on the committee, and I'm really
11 quite shocked that you guys aren't seeing it any
12 differently. I mean, a one-chair salon in 2002,
13 seven years ago, is a commercial intrusion
14 and --
15 Anyway, I would vote no. And unless
16 something drastically changes, pursuant to any
17 public comments Tuesday night, I'll probably
18 vote no then as well.
19 THE CHAIRMAN: Okay. We did approve the
20 amendment, so now we're on the bill as amended.
21 And there is nobody in the queue, so please
22 open the ballot.
23 (Committee ballot opened.)
24 MR. GRAHAM: (Votes yea.)
25 DR. GAFFNEY: (Votes yea.)
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1 MR. HOLT: (Votes yea.)
2 MR. REDMAN: (Votes yea.)
3 MR. WEBB: (Votes yea.)
4 MR. BROWN: (Votes nay.)
5 THE CHAIRMAN: Close the ballot and record
6 the vote.
7 (Committee ballot closed.)
8 MS. LAHMEUR: Five yeas, one nay.
9 THE CHAIRMAN: By your action, you have
10 approved 2009-115.
11 Committee members, can I get you to turn to
12 page 9, number 25.
13 Mr. Shad, do you have one left?
14 MR. SHAD: Is that the sign waiver? I'm in
15 favor of it.
16 THE CHAIRMAN: Okay. 2009-51. Do we have
17 any cards?
18 MS. ALLEN: No.
19 THE CHAIRMAN: We'll open and close that
20 public hearing.
21 Can we get an amendment?
22 MR. HOLT: Move the amendment.
23 THE CHAIRMAN: To grant or deny the
24 waiver?
25 MR. HOLT: To grant the waiver.
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1 DR. GAFFNEY: Second.
2 THE CHAIRMAN: It's been moved and seconded
3 to grant the waiver.
4 Any further discussion?
5 COMMITTEE MEMBERS: (No response.)
6 THE CHAIRMAN: Let's hear the conditions,
7 please.
8 MR. CROFTS: The conditions were basically,
9 one, not to allow any expansion or
10 intensification or enlargement of the existing
11 sign. And, second of all, not to permit any
12 wall signs on the structure.
13 Is that correct?
14 MR. KELLY: (Inaudible.)
15 To the Chair, is the applicant here for
16 this item?
17 THE CHAIRMAN: Is the applicant for 2009-51
18 here?
19 (Audience member approaches the podium.)
20 AUDIENCE MEMBER: Yes, sir.
21 Frank Reinstine. I represent SMP, L.L.C.
22 THE CHAIRMAN: Name and address for the
23 record -- address.
24 MR. REINSTINE: It is 1551 Atlantic
25 Boulevard, Suite 300, Jacksonville, Florida
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1 32207.
2 THE CHAIRMAN: Thank you.
3 You had a question?
4 MR. KELLY: Just if the applicant was
5 agreeable to the conditions.
6 MR. REINSTINE: We are.
7 THE CHAIRMAN: Okay. All in favor of the
8 amendment, signify by saying aye.
9 COMMITTEE MEMBERS: Aye.
10 THE CHAIRMAN: Those opposed?
11 COMMITTEE MEMBERS: (No response.)
12 THE CHAIRMAN: By your action, you've
13 approved the amendment.
14 MR. HOLT: Move the bill to grant the
15 waiver.
16 DR. GAFFNEY: Second.
17 THE CHAIRMAN: It's been moved and seconded
18 to grant the waiver.
19 Any further discussion?
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 DR. GAFFNEY: (Votes yea.)
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1 MR. HOLT: (Votes yea.)
2 MR. BROWN: (Votes yea.)
3 MR. REDMAN: (Votes yea.)
4 MR. WEBB: (Votes yea.)
5 THE CHAIRMAN: Close the ballot and record
6 the vote.
7 (Committee ballot closed.)
8 MS. LAHMEUR: Six yeas, zero nays.
9 THE CHAIRMAN: By your action, you've
10 approved 2009-51.
11 Mr. Shad, it was a pleasure having you.
12 MR. SHAD: Thank you.
13 THE CHAIRMAN: Mr. Jones, did you have
14 something?
15 MR. JONES: Yes, Mr. Chairman. I had a
16 couple of items. One is page 8, item 20.
17 THE CHAIRMAN: Committee members, page 8,
18 towards the top of the page, 2008-1069.
19 MR. JONES: Right. We had a meeting with
20 the owner and the neighbors who had concerns --
21 not necessarily in opposition, and we came up
22 with some amendments. And I think the amendment
23 incorporates all the concerns that the neighbors
24 had. Mr. Kelly, I think, has that. And I just
25 wanted to make sure the amendment did
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1 incorporate the concerns that were expressed at
2 that meeting.
3 THE CHAIRMAN: Do we have any cards for
4 -1069?
5 MS. ALLEN: No.
6 THE CHAIRMAN: Okay.
7 MR. JONES: I think we worked it out. I
8 don't think they're here.
9 THE CHAIRMAN: I will open that public
10 hearing.
11 Seeing no cards, I'll close that public
12 hearing.
13 Mr. Kelly.
14 MR. KELLY: Thank you.
15 Through the Chair, ordinance 2008-1069 was
16 recommended for approval by the Planning
17 Commission last Thursday subject to the six
18 conditions in the letter dated January 29th.
19 The additional conditions, specifically for
20 this rezoning, would further limit uses on the
21 property.
22 At the neighborhood meeting over in
23 Murray Hill, the residents had concerns
24 specifically with uses such as liquor sales and
25 tatoo parlors and dancing entertainment
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1 establishments and pawnshops.
2 So in addition to the six conditions in the
3 letter from Planning Commission to council, we
4 would also specifically incorporate an
5 additional condition which would be condition 7,
6 that, "CCG-1 uses that are permissible by
7 exception shall only be permitted through the
8 granting of a zoning exception."
9 Additionally, "Uses not permitted on the
10 subject property shall include liquor sales,
11 4-COP, either on premise or off premise, package
12 sales, pawnshops, tatoo parlors, dancing
13 entertainment establishments, automotive repair,
14 auto sales, or a gas station, a billiard parlor
15 and thrift stores or secondhand stores." Those
16 would be the additional exclusions.
17 THE CHAIRMAN: Mr. Jones.
18 MR. JONES: Yes. The neighborhood was okay
19 with that provided that amendment was included
20 in the rezoning.
21 THE CHAIRMAN: Can I get somebody to move
22 the amendment?
23 MR. WEBB: Move the amendment.
24 DR. GAFFNEY: Second.
25 THE CHAIRMAN: It's been moved and
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1 seconded.
2 Any further discussion on the amendment?
3 COMMITTEE MEMBERS: (No response.)
4 THE CHAIRMAN: Seeing none, all in favor
5 signify by saying aye.
6 COMMITTEE MEMBERS: Aye.
7 THE CHAIRMAN: Those opposed.
8 COMMITTEE MEMBERS: (No response.)
9 THE CHAIRMAN: By your action, you've
10 approved the amendment.
11 MR. WEBB: Move the bill as amended.
12 MR. HOLT: Second.
13 THE CHAIRMAN: The bill has been moved and
14 seconded as amended.
15 Any further discussion on the bill?
16 COMMITTEE MEMBERS: (No response.)
17 THE CHAIRMAN: Seeing none, please open the
18 ballot.
19 (Committee ballot opened.)
20 MR. GRAHAM: (Votes yea.)
21 DR. GAFFNEY: (Votes yea.)
22 MR. HOLT: (Votes yea.)
23 MR. BROWN: (Votes yea.)
24 MR. REDMAN: (Votes yea.)
25 MR. WEBB: (Votes yea.)
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1 THE CHAIRMAN: Close the ballot and record
2 the vote.
3 (Committee ballot closed.)
4 MS. LAHMEUR: Six yeas, zero nays.
5 THE CHAIRMAN: By your action, you've
6 approved 2008-1069.
7 Mr. Jones, what else you got?
8 MR. JONES: Thank you, Mr. Chairman.
9 On page 5, item 11, and on page 10 --
10 page 10, item 2009-104. Those are companion
11 bills. And I know that deferring it will create
12 a six-month delay, but we do need to meet with
13 the neighborhood and work the concerns with
14 item 11, 2008-546, and item 30 on page 10,
15 2009-104.
16 THE CHAIRMAN: Now, sir, did you want to
17 just defer the rezoning and let the land use go,
18 or did you want to defer both?
19 MR. JONES: I'd like to defer both of them,
20 yes, sir.
21 THE CHAIRMAN: Okay. Well, there's a
22 public hearing on both of those.
23 Committee members, we're on page 5,
24 2008-546, and on page 10, 2009-104. Those are
25 companions, land use and rezoning.
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1 We will open both of those public
2 hearings.
3 I have two speakers, Scott Meadows,
4 followed by Hilton Meadows.
5 (Audience member approaches the podium.)
6 AUDIENCE MEMBER: I'm Scott Meadows, 6837
7 Merrill Road, Jacksonville, Florida.
8 We're representing the owner, Mr. George
9 Safar.
10 I would ask that, if possible, we could
11 push this back a little bit on the agenda and
12 give us a chance to speak with Councilman
13 Jones. We were not aware that anything in
14 addition had come up to what we had already
15 found out in our first meeting with the
16 residents there in the area.
17 If we could just have a few minutes to
18 speak with him on the side.
19 THE CHAIRMAN: Okay. Is Mr. Hilton Meadows
20 going to speak?
21 MR. MEADOWS: Same thing, Mr. Chairman.
22 THE CHAIRMAN: Let the record say he said
23 ditto.
24 Seeing no further speakers, we will
25 continue that public hearing.
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1 Mr. Jones.
2 MR. JONES: If you want to pass over until
3 we can meet, I'd be happy to do that.
4 The meeting was scheduled. There was -- I
5 think two people from the Planning Department
6 were there. The community group moved their
7 meeting to a different date, and that's why
8 there was a disconnect on the meeting time and
9 place, and I wanted to make sure that we had all
10 their concerns addressed before we moved forward
11 with any part of this.
12 There's not much opposition to the zoning.
13 The opposition is the access. You cannot get to
14 that property on Willow Branch without going
15 through the residential neighborhood.
16 THE CHAIRMAN: Mr. Jones, did you want to
17 go back in the Green Room with this?
18 MR. JONES: I sure will.
19 Thank you.
20 THE CHAIRMAN: Okay. We will lay this one
21 on the table and come back to it later on.
22 Mr. Yarborough, you didn't have anything
23 specific that you had?
24 MR. YARBOROUGH: No.
25 THE CHAIRMAN: Mr. Crescimbeni, are you
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
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1 just taking it as it comes?
2 MR. CRESCIMBENI: Taking it as it comes.
3 THE CHAIRMAN: Okay. Sounds good.
4 Committee members, if we can get over to
5 the beginning of the agenda. I'll go through
6 and -- well, we'll just start at the beginning.
7 Diane, I know we normally take a break
8 every two hours. If you can hold on for half an
9 hour, we'll take a dinner break about 7:30.
10 Will that work for you?
11 THE REPORTER: Yes.
12 THE CHAIRMAN: Okay. Top of page 2,
13 2005-1228 is deferred.
14 2006-24 is deferred.
15 2006-658 is deferred.
16 Top of page 3. 2007-581 is deferred.
17 2008-414, and on page 10, 2009-101, those
18 are companions. We will open both those public
19 hearings.
20 The first speaker is Woodrow Smith.
21 Mr. Harden, as the applicant, do you want
22 to lay the groundwork or you want to close?
23 MR. HARDEN: I'll go last.
24 Just so you know, the next two are
25 adjoining each other. And I think the comments
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1 are going to be similar, so I'll -- but I'll
2 finish.
3 THE CHAIRMAN: Mr. Smith.
4 (Audience member approaches the podium.)
5 (Mr. Harden approaches the podium.)
6 MR. HARDEN: Mr. Chairman, Mr. Smith and I
7 have discussed it. And can I put something on
8 the record before either of us make our
9 comments?
10 THE CHAIRMAN: Sure.
11 MR. HARDEN: I think it will limit the
12 activity.
13 THE CHAIRMAN: That's fine.
14 MR. HARDEN: Councilman Holt met with
15 Mr. and Mrs. Smith.
16 THE CHAIRMAN: Name and address for the
17 record, sir.
18 MR. HARDEN: I'm sorry. Paul Harden,
19 501 Riverside Avenue.
20 This isn't my three minutes. I'm just
21 putting something on the record.
22 The -- since you met with them, I talked
23 with Mr. and Ms. Smith and the other neighbor.
24 And on the next two, they prefer a condition
25 that -- rather than a landscape buffer along the
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1 Harbison side of the project, that before a
2 building permit is issued on the project, that
3 the developer will construct an 8-foot visual
4 barrier on the Harbison Street side of the Snell
5 addresses. That is -- Mr. Holt understands
6 this, but they all face Snell and they back up
7 to Harbison.
8 So rather than have a landscape buffer on
9 our side of Harbison, they would rather have a
10 visual barrier eight feet tall on their side,
11 which we're agreeable to as a condition. That
12 visual barrier has to be constructed before a
13 building permit is issued, and the developer
14 will maintain it for a period of ten years
15 following the construction of that.
16 The other condition, the limiting of the
17 Harbison access and the 50 foot off Harbison for
18 the dumpsters remains the same.
19 Right, Woodrow?
20 Okay.
21 THE CHAIRMAN: Mr. Holt.
22 MR. HOLT: Thank you.
23 Through the Chair, this is all pertaining
24 to -416?
25 MR. HARDEN: Right.
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1 MR. HOLT: Okay. I just wanted to clarify.
2 MR. HARDEN: Okay.
3 THE CHAIRMAN: Mr. Smith, did you want to
4 speak on -414 or -416?
5 AUDIENCE MEMBER: (Inaudible.)
6 THE CHAIRMAN: Sir, you need to come to the
7 microphone.
8 (Audience member approaches the podium.)
9 AUDIENCE MEMBER: Woodrow Smith, 3335 Snell
10 Street.
11 I just had a couple words to say on this,
12 just considering this a stepping stone or a foot
13 in the door to further commercial development in
14 our neighborhood.
15 Looking at the conceptual plan, 22 parking
16 spaces, 3,700-square-foot building, and a
17 bulkheaded lake on five-eighths of an acre is
18 pretty ludicrous, and being able to maintain the
19 proper buffers and such you need on that
20 property.
21 THE CHAIRMAN: Thank you, sir.
22 Joseph Jones.
23 (Audience member approaches the podium.)
24 AUDIENCE MEMBER: My name is Joseph Jones.
25 I'm at 3467 Jessica Mill Lane.
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1 I come to stand in opposition to the bill
2 2009-102. A resident -- business within a
3 residential area and this particular business,
4 as I look at it, it looks as if it's extending
5 some three blocks into a neighborhood. And I
6 stand opposed to that, having experienced in our
7 community with businesses adjoining our
8 community, we experienced a lot of trespassing,
9 people kicking fences and things like that.
10 So I just want to be on record as being
11 opposed to this bill.
12 THE CHAIRMAN: Okay.
13 MR. JONES: Thank you very much.
14 THE CHAIRMAN: Thank you, sir.
15 Mr. Harden.
16 MR. HARDEN: Paul Harden, 501 Riverside
17 Avenue.
18 I think the gentleman has this confused
19 with the next one.
20 But this parcel of land is a remnant
21 parcel, if you will, from Mr. Jennings'
22 homestead when they built -- or widened
23 Lem Turner there, he was left with a smaller
24 parcel on one side of the road. It's six-tenths
25 of an acre. It's an RPI use that fronts onto
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1 Lem Turner at this location. It's half a block
2 from a Wal-Mart location down the road.
3 It's limited to RPI uses. The use -- the
4 size of the lot -- of the -- and the dimensions
5 that Mr. Smith issued -- I mean spoke of, are
6 limitations on the site. If we can't get that
7 size office on there, then it won't go on
8 there. So it will have to meet all criteria of
9 the zoning code, but it's an RPI use.
10 This was reviewed by the Planning
11 Department, LUZ, City Council. When it went
12 through during the transmittal stage, the DCA
13 recommended approval of it in their ORC review
14 of it. We're now back on the adoption stage.
15 Actually, this one has been through twice.
16 It was originally filed as a small scale. The
17 DCA changed their interpretation so we couldn't
18 do units -- over ten units per acre without
19 doing a semiannual.
20 So it went all the way through a small
21 scale. It was approved through the process. At
22 the very end, we went back through and sent it
23 as a transmittal. It's been all the way through
24 and approved each time, again, limited to
25 residential uses.
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1 2006-414, number 5, is the PUD that we
2 filed with the small scale and it's remained on
3 the agenda, whereas item 27 is the land use map
4 amendment, item 2009-101.
5 Other than that, I'll be happy to answer
6 any questions.
7 THE CHAIRMAN: Thank you, sir.
8 Mr. Holt.
9 MR. HOLT: Thank you, Mr. Chair.
10 Just to clarify this PUD, under -- the RPI
11 land use would allow residential units in the
12 medium density. What does the PUD allow?
13 MR. HARDEN: The RPI use would allow it,
14 but the PUD is limited to a single office
15 building of the magnitude Mr. Smith indicated or
16 smaller, and it's going to be professional
17 offices.
18 The general low density, low intensity
19 commercial uses in RPI, yeah, no multifamily.
20 MR. HOLT: Thank you.
21 I just wanted to get that on the record.
22 THE CHAIRMAN: Okay. We will close the
23 public hearing of 2009-101 and 2008-14 -- I'm
24 sorry -- -414.
25 Let's start with the land use first, top of
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1 page 10, 2009-101.
2 Can I get a motion?
3 MR. WEBB: Move it.
4 MR. HOLT: Second.
5 THE CHAIRMAN: It's been moved and
6 seconded.
7 Any discussion on top of page 10, 2009-101,
8 the land use?
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. HOLT: (Votes yea.)
15 MR. BROWN: (Votes yea.)
16 MR. REDMAN: (Votes yea.)
17 MR. WEBB: (Votes yea.)
18 DR. GAFFNEY: (Votes nay.)
19 THE CHAIRMAN: Close the ballot and record
20 the vote.
21 (Committee ballot closed.)
22 MS. LAHMEUR: Five yeas, one nay.
23 THE CHAIRMAN: By your action, you have
24 approved 2009-101.
25 Back to page 3, 2008-414.
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1 MR. WEBB: Move the amendment.
2 MR. HOLT: Second.
3 THE CHAIRMAN: The amendment has been moved
4 and seconded.
5 Can we hear the amendment, please.
6 MR. CROFTS: Yes, Mr. Chairman.
7 Let me begin by reading these conditions,
8 and I'd like to ask the applicant one question.
9 Condition number 1 is fine, "The
10 development shall be subject to the original
11 legal description dated February 29, 2008."
12 Condition number 2, "The development shall
13 be subject to the revised written description
14 dated June 19th, 2008."
15 Is that correct?
16 MR. HARDEN: That's right.
17 MR. CROFTS: Number 3, "The development
18 shall be subject to the revised site plan dated
19 June 25, 2008."
20 Number 4, "The development shall be subject
21 to the Development Services Division memorandum
22 dated May 16th, the FDOT pursuant to their
23 memorandum dated June 9th, 2008, or as otherwise
24 approved by the Planning and Development
25 Department."
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1 Number 5, "Signage shall be consistent with
2 criteria found within Part 13 of the zoning code
3 for the CO and CRO zoning districts."
4 Number 6 and finally deals with the
5 lighting and it deals with, "All sag lenses,
6 drop lenses, and convex lenses shall be
7 prohibited. Illumination levels at all property
8 lines shall not exceed .5 footcandles when the
9 building or parking areas are located adjacent
10 to residential areas and not to exceed one
11 footcandle when abutting other nonresidential
12 properties.
13 "All exterior lighting design plan" -- "an
14 exterior lighting plan designed for each
15 project, including the photometric plan, pole
16 and fixtures, shall be submitted at the time of
17 verification of substantial compliance for
18 review and approval by the Planning and
19 Development Department."
20 Thank you.
21 THE CHAIRMAN: Mr. Harden, are you in
22 agreement of all those?
23 MR. HARDEN: Yes, sir.
24 THE CHAIRMAN: Okay. Let the record
25 indicate that he said yes.
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1 All in favor of the amendment signify by
2 saying aye.
3 COMMITTEE MEMBERS: Aye.
4 THE CHAIRMAN: Those opposed.
5 COMMITTEE MEMBERS: (No response.)
6 THE CHAIRMAN: By your action, you've
7 approved the amendment.
8 MR. WEBB: Move the bill as amended.
9 MR. HOLT: Second.
10 THE CHAIRMAN: The bill has been moved and
11 seconded as amended.
12 Any discussion on the bill?
13 COMMITTEE MEMBERS: (No response.)
14 THE CHAIRMAN: Seeing none, please open the
15 ballot.
16 (Committee ballot opened.)
17 THE CHAIRMAN: Hold on a second.
18 MR. HARDEN: Mr. Crofts pointed -- may I
19 have one second?
20 THE CHAIRMAN: Yes, sure.
21 MR. HARDEN: Mr. Crofts pointed out to me,
22 when we originally filed this, which was a year
23 and a half ago, multifamily was listed in
24 there. Mr. Holt asked us to take it out. It
25 was intended to be taken out.
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1 So if you could add a condition that
2 prohibits multifamily use on the site, I think
3 that would be the easiest way rather than
4 amend --
5 When it went for the transmittal, it didn't
6 have the old PUD in there. So that was the
7 understanding with Councilman Holt, and I'd like
8 that removed.
9 THE CHAIRMAN: Mr. Holt, do you want to
10 make that motion?
11 MR. HOLT: (Inaudible.)
12 THE CHAIRMAN: Microphone.
13 MR. HOLT: I'm sorry. I was --
14 THE CHAIRMAN: Mr. Harden.
15 MR. HARDEN: Sorry?
16 THE CHAIRMAN: He didn't hear you.
17 MR. HARDEN: Oh. This is a year and a half
18 old. The original PUD had multifamily -- I
19 mean, the original written description had a
20 multifamily use listed. Subsequently, we agreed
21 to take that out.
22 The written description that's a year and a
23 half old still lists that in there, although the
24 site plan shows professional office.
25 In an abundance of caution, you might want
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
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1 to add a condition that multifamily use is
2 prohibited on the site.
3 MR. HOLT: Thank you.
4 It wasn't listed among Mr. Crofts'. I
5 would like to propose an amendment that we -- I
6 move an amendment that it be limited to
7 professional office only.
8 MR. HARDEN: Well, I think multifamily
9 would be prohibited because there might be
10 single-family on there.
11 MR. HOLT: Okay. Well, I can do that too.
12 To prohibit multifamily.
13 MR. HARDEN: Multifamily, yes.
14 THE CHAIRMAN: Ms. Eller, did you get
15 that?
16 MR. HOLT: That's the ultimate goal.
17 MS. ELLER: Yes, I did.
18 THE CHAIRMAN: It's been moved and
19 seconded.
20 Any discussion?
21 Dr. Gaffney, you're on that amendment?
22 DR. GAFFNEY: (Inaudible.)
23 THE CHAIRMAN: Sure.
24 DR. GAFFNEY: Thank you, Mr. Chair.
25 Mr. Harden, just one question. Have you
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1 had -- do you have any idea what type of office
2 building complex?
3 MR. HARDEN: No.
4 Mr. Gaffney, this piece of property is
5 something that's in Mr. Jennings estate. It's a
6 leftover of his house. It's making it available
7 to put professional -- but what you would get is
8 what you generally have on Lem Turner in that --
9 you know, a real estate office, a doctor's
10 office, a lawyer's office, that sort of thing.
11 DR. GAFFNEY: Thank you.
12 THE CHAIRMAN: Okay. So we will roll both
13 of those into one LUZ amendment.
14 All those in favor signify by saying aye.
15 COMMITTEE MEMBERS: Aye.
16 THE CHAIRMAN: Those opposed.
17 COMMITTEE MEMBERS: (No response.)
18 THE CHAIRMAN: By your action, you have
19 approved the amendment.
20 MR. HOLT: Move the bill as amended.
21 MR. WEBB: Second.
22 THE CHAIRMAN: The bill's been moved and
23 seconded as amended.
24 Any further discussion on the bill?
25 COMMITTEE MEMBERS: (No response.)
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1 THE CHAIRMAN: Seeing none, please open the
2 ballot.
3 (Committee ballot opened.)
4 MR. GRAHAM: (Votes yea.)
5 DR. GAFFNEY: (Votes yea.)
6 MR. BROWN: (Votes yea.)
7 MR. HOLT: (Votes yea.)
8 MR. REDMAN: (Votes yea.)
9 MR. WEBB: (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've
15 approved 2008-414.
16 2008-416, and back over to page 10,
17 2008-209 -- I'm sorry, 2009-102. We will open
18 both of those public hearings.
19 Mr. Smith, did you wish to speak again?
20 Are you good?
21 MR. SMITH: Sorry?
22 THE CHAIRMAN: I have a card for you for
23 -416 and -102.
24 (Mr. Smith confers with Mr. Harden.)
25 THE CHAIRMAN: I have Valerie Sermons,
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1 Rosemarie Smith. If you guys are going to
2 speak, please come down front.
3 MR. HARDEN: Mr. Chairman.
4 THE CHAIRMAN: Mr. Harden.
5 MR. HARDEN: Mr. Smith asked that I put on
6 the record the amendments because his comments
7 related to objections without the amendment. So
8 once we do the amendments, he doesn't have any
9 comments.
10 Again, there will be an 8-foot visual
11 barrier erected on the Snell Street side of
12 Harbison for the four single-family lots, across
13 Harbison from the site.
14 And, Ms. Eller, we'll give you those actual
15 RE numbers before next Monday night.
16 That the written description will be
17 amended. Already it requires any dumpster on
18 the north side to be 50 feet off the property
19 line. We'll add in "and the south side" off the
20 property line.
21 And, finally, that there will be no access
22 off Harbison onto the site.
23 THE CHAIRMAN: Thank you, sir.
24 Mr. Smith.
25 MR. SMITH: Yes, sir.
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1 THE CHAIRMAN: Did you wish to speak?
2 MR. SMITH: No, sir.
3 THE CHAIRMAN: No?
4 Let the record indicate he did not wish to
5 speak.
6 Ms. Sermons. Valerie.
7 (Audience member approaches the podium.)
8 AUDIENCE MEMBER: My name is Valerie
9 Sermons. I live at 3405 Snell Street.
10 I also have a photo of a picture taken of
11 my backyard, if you could pass this to the
12 council.
13 THE CHAIRMAN: Sure.
14 If we could put that on overhead, please.
15 MS. ALLEN: (Complies.)
16 MS. SERMONS: Thank you.
17 I'm still having a hard time with you-all
18 wanting to decide to put commercial businesses
19 in back of me. As you can see from the photo,
20 this -- Harbison faces my backyard, and building
21 commercial business such as doctor [sic]
22 offices, there's still going to be a hindrance
23 and a eyesore to me.
24 Thank you.
25 THE CHAIRMAN: Thank you, ma'am.
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1 Rosemarie Smith.
2 (Audience member approaches the podium.)
3 AUDIENCE MEMBER: Well, I'm not sure a
4 whole bunch of what to say now because there's a
5 few changes in it, but I was opposed to the
6 development going three feet -- three blocks
7 since -- over three blocks into the
8 neighborhood.
9 I was basically concerned about the privacy
10 issue on that street and the traffic issue on
11 the street, and it looks like it's subject to be
12 resolved. It was in opposition to the 2010
13 Comprehensive Plan.
14 I guess this is going to be delayed or put
15 off or renegotiated or something and there's
16 going to be something else written up on it?
17 THE CHAIRMAN: No. This is it, ma'am.
18 MS. SMITH: Okay. So what is is what is.
19 Well, I've got this stuff I'd like to
20 submit. Plus, I'm also a good neighbor. I
21 brought all my neighbors' testimony down with
22 me, so I can turn that in.
23 And just something that I ran across
24 whenever I was doing all my research, trying to
25 do whatever I could -- and I sat here and I've
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1 listened to all these people from Bayard and
2 San Jose and all around those places.
3 It just brought to mind about the horizon,
4 2030, which said the goal of preparing the city
5 vision is to build a concession -- consensus for
6 the land use pattern that can sustain our
7 economy, natural systems, and overall quality of
8 life, and I would like you to keep that in mind
9 for the rest of the duration here.
10 Thank you.
11 THE CHAIRMAN: Thank you, ma'am.
12 Mr. Harden.
13 MR. HARDEN: Thank you, Mr. Chairman.
14 Paul Harden, 501 Riverside Avenue.
15 Immediately to the north, about 200,
16 150 feet, is a Wal-Mart shopping center of great
17 magnitude. Immediately to what would be our
18 west are wetlands. There are no residential
19 areas on there.
20 It shows on the map roads on there. Those
21 are unopened roads. They were never constructed
22 because it's in a wetland area. So there's no
23 residences to -- what I'm going to generally
24 call the west of the property.
25 To the south are the four Harbison Street
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1 addresses, which we have now buffered off with
2 the fence along the Snell Street side. And
3 then, of course, to the east would be the
4 frontage on Lem Turner Avenue [sic], which is a
5 very heavy thoroughfare through the Lem Turner
6 area.
7 When Mr. Jennings first bought this
8 property it was something less than a two-lane
9 road at that location. Now it's obviously
10 substantially different, but the -- the depth of
11 the proposed site off his old homestead is not
12 as deep as the Wal-Mart depth, which is to the
13 north.
14 If you get down to the next shopping
15 center, which, I guess -- to the south, is -- is
16 several blocks away, but the depth is not as
17 great as is that shopping center. It's buffered
18 off from any residential use.
19 Harbison actually dead ends at Harbison
20 because Jacob's Way, there's a wall or a fence
21 there stopping it from going there.
22 So the site is very well buffered from any
23 other uses, it focuses onto the Lem Turner
24 address, and it's consistent with the other
25 activity, again, to the north with the Wal-Mart
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1 and the various uses in that location.
2 This has been through about 14 months of
3 review. It went to -- through the -- a small
4 scale. When we had to change it back to a
5 semiannual, it went through a second process,
6 and then the transmittal to DCA, and now on the
7 adoption process, and then vetted along the way,
8 and we would request your support.
9 THE CHAIRMAN: Thank you, sir.
10 Seeing no further speakers, we will close
11 that public hearing.
12 Committee members, if you can go to
13 page 10, 2009-102. We'll take the land use up
14 first.
15 Can I get a motion?
16 MR. WEBB: Move it.
17 DR. GAFFNEY: Second.
18 THE CHAIRMAN: It's been moved and
19 seconded.
20 Any discussion on the land use?
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. BROWN: (Votes yea.)
2 DR. GAFFNEY: (Votes yea.)
3 MR. HOLT: (Votes yea.)
4 MR. WEBB: (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 approved 2009-102.
12 Back to page 3, bottom of the page.
13 2008-416.
14 MR. HOLT: Move the amendment.
15 DR. GAFFNEY: Second.
16 THE CHAIRMAN: The amendment's been moved
17 and seconded.
18 Can we please hear the amendment.
19 MR. KELLY: Thank you.
20 To the Chair and council members, the
21 amendment is referenced in the memorandum from
22 the Planning Commission dated February 26th,
23 2009; the 12 conditions, as stated in the
24 memorandum and the amendments proposed by
25 Mr. Harden on the floor tonight, specifically
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1 deleting any access to Harbison Road, adding a
2 provision for dumpster locations to also be at
3 least 50 feet off the south property line, and
4 then the 8-foot-high visual screen to the
5 properties buffered -- buffering the commercial
6 use from the properties across Harbison Road, on
7 the south side of Harbison Road.
8 THE CHAIRMAN: Ms. Eller.
9 MS. ELLER: Thank you, Mr. Chairman.
10 I have two questions for clarification.
11 First, Sean, I think that you already
12 indicated that condition 12 regarding signage at
13 the Harbison Road entrance, that's no longer
14 applicable because now we've prohibited
15 access --
16 MR. KELLY: Yes.
17 MS. ELLER: -- off of Harbison.
18 And then the second thing is that the
19 restriction regarding the dumpster on the south
20 side of the property -- Mr. Harden, did you say
21 that you were going to submit a new written
22 description to include that or does the original
23 written description dated February 29th still
24 hold and then we'll just add the dumpster as a
25 condition in the ordinance?
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1 MR. HARDEN: If you don't mind adding --
2 well, no, I guess I ought to amend it and add
3 the word "south" where it says "north" there,
4 so . . .
5 MS. ELLER: So you'll get me a new written
6 description dated today --
7 MR. HARDEN: Right.
8 MS. ELLER: -- that includes that?
9 MR. HARDEN: And if that's okay, then I'll
10 just add -- just add all those conditions into
11 there and -- except the off-site fencing, I
12 guess, should be a condition.
13 THE CHAIRMAN: Mr. Kelly.
14 MR. KELLY: Just to clarify that it -- not
15 replacing north with south. I think the church
16 property to the north still had that condition
17 imposed.
18 MR. HARDEN: Yeah. Not replacing it,
19 adding it. Adding it.
20 THE CHAIRMAN: Are we all in one accord
21 here?
22 Mr. Harden?
23 MR. HARDEN: Yes, sir.
24 THE CHAIRMAN: All in favor of the
25 amendment signify by saying aye.
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1 COMMITTEE MEMBERS: Aye.
2 THE CHAIRMAN: Those opposed.
3 COMMITTEE MEMBERS: (No response.)
4 THE CHAIRMAN: By your action, you've
5 approved the amendment.
6 MR. HOLT: Move the bill as amended.
7 DR. GAFFNEY: Second.
8 THE CHAIRMAN: The bill's been moved and
9 seconded as amended.
10 Any further discussion on the bill?
11 COMMITTEE MEMBERS: (No response.)
12 THE CHAIRMAN: Seeing none, please open the
13 ballot.
14 Mr. Holt.
15 Hold on.
16 MR. HOLT: Sorry.
17 I just needed to declare my ex-parte.
18 We've all been going over the amendments, and
19 that's -- I discussed today, in Conference Room
20 A, at about 3 o'clock, with Mr. and Ms. Smith
21 and several other neighbors, about these
22 amendments that we've just gone over: Harbison,
23 closing that entryway, and putting up some
24 barriers, and removing the potential to have
25 garbage dumpsters there.
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1 I also spoke with Mr. Harden about 4:30
2 about those same things, and I think we're all
3 squared away. I can support it.
4 THE CHAIRMAN: Thank you, sir.
5 Dr. Gaffney.
6 DR. GAFFNEY: Thank you, Mr. Chairman.
7 I just want to get a little clarity.
8 Mr. Harden.
9 MR. HARDEN: Yes, sir.
10 DR. GAFFNEY: We probably have already
11 addressed this, but there is a buffer where the
12 residents' yards or houses won't be exposed or
13 in the back of them --
14 MR. HARDEN: Yes, sir.
15 DR. GAFFNEY: -- would not have to look at
16 the building?
17 MR. HARDEN: That's right.
18 What we originally were going to do is put
19 a 25-foot landscape buffer along Harbison on the
20 side of the development.
21 In discussing that with the neighbors, they
22 said that rather than do that, they would prefer
23 that we put a fence on their backyard, on their
24 side of Harbison.
25 They don't actually front on Harbison.
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1 They front on Snell, so their backyards would be
2 looking across. So we're going to put -- we're
3 going to install an 8-foot visual barrier before
4 there's a building permit so that their backyard
5 is buffered off.
6 Two, the -- behind the property, if you
7 will, while it shows roads and a single-family
8 use, there is no development in there. Those
9 roads were never opened. They were platted --
10 it looked like 50 or more years ago -- but never
11 opened.
12 As you look at the aerial -- or if you
13 looked at the aerial, you'll see that that's all
14 swamp or wetlands back there, so there's no
15 single-family residence. Of course, to the
16 north is towards the Wal-Mart. So as you go all
17 the way around -- and then the frontage is on
18 Lem Turner, so it's buffered on Harbison by the
19 fence on the Snell Street properties, behind --
20 by the wetlands and the unopened roads, and then
21 up to the north is the commercial use.
22 DR. GAFFNEY: Thank you.
23 MR. HARDEN: Yes, sir.
24 THE CHAIRMAN: Seeing no further questions,
25 please open the ballot.
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1 (Committee ballot opened.)
2 MR. GRAHAM: (Votes yea.)
3 MR. BROWN: (Votes yea.)
4 DR. GAFFNEY: (Votes yea.)
5 MR. HOLT: (Votes yea.)
6 MR. WEBB: (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 approved 2008-416.
14 Mr. Jones, did you --
15 MR. JONES: Thank you, Mr. Chairman.
16 We decided to go ahead and move the future
17 land use amendment, which is on page 10,
18 item 30, 2009-104, and continue to defer the
19 rezoning, which is on page 5, item 11, 2008-546.
20 MR. HOLT: (Inaudible.)
21 THE CHAIRMAN: Yes, we've closed the public
22 hearing.
23 I'm sorry, we continued the first public
24 hearing. We will close the public hearing on
25 2009-104.
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1 Can I get someone to move the bill?
2 MR. WEBB: Move the bill.
3 MR. HOLT: Second.
4 THE CHAIRMAN: The bill's been moved and
5 seconded.
6 Any discussion on the bill?
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. BROWN: (Votes yea.)
13 DR. GAFFNEY: (Votes yea.)
14 MR. HOLT: (Votes yea.)
15 MR. WEBB: (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 approved 2009-104.
23 MR. JONES: Thank you.
24 THE CHAIRMAN: Okay. We're at the top of
25 page 5 [sic] -- did you have anything else,
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1 Mr. Jones?
2 MR. JONES: No, sir.
3 THE CHAIRMAN: We're at the top of page 5,
4 2008-418, and also page 10, 2009-103.
5 We will open those public hearings.
6 (Mr. Gabriel approaches the podium.)
7 THE CHAIRMAN: Mr. Gabriel.
8 MR. GABRIEL: Good evening.
9 Jason Gabriel, 6 East Bay Street,
10 Suite 500, here on behalf of the applicant.
11 I'm just available for any questions.
12 THE CHAIRMAN: You're a good man.
13 Seeing no questions for Mr. Gabriel, we
14 will close that public hearing.
15 MR. WEBB: Move the amendment.
16 THE CHAIRMAN: Hold on.
17 Let's take the land use change first, so
18 page 10, 2009-103.
19 Is there an amendment for this, Ms. Eller?
20 MS. ELLER: Yes.
21 THE CHAIRMAN: There is an amendment, so
22 can I get a motion and a second for the
23 amendment so we can hear it?
24 MR. WEBB: Move the amendment.
25 MR. HOLT: Second.
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1 THE CHAIRMAN: Moved and seconded.
2 Ms. Eller.
3 MS. ELLER: Thank you.
4 The amendment, actually, is to place in the
5 body of the ordinance a restriction that already
6 exists on the attached map. We attached a
7 specific notation on the map for 2009-103 to say
8 that development is limited by no residential
9 dwelling units being allowed.
10 That's on the map, but we wanted to mirror
11 that in the body of the ordinance. So this, in
12 essence, is correcting that so it's in both
13 places.
14 THE CHAIRMAN: Sir, are you okay with that
15 amendment?
16 MR. GABRIEL: We're in agreement.
17 THE CHAIRMAN: Sounds good.
18 All in favor signify by saying aye.
19 COMMITTEE MEMBERS: Aye.
20 THE CHAIRMAN: Those opposed.
21 COMMITTEE MEMBERS: (No response.)
22 THE CHAIRMAN: By your action, you've
23 approved the amendment.
24 MR. WEBB: Move the bill as amended.
25 MR. HOLT: Second.
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1 THE CHAIRMAN: The bill's been moved and
2 seconded as amended.
3 Any discussion on the bill?
4 COMMITTEE MEMBERS: (No response.)
5 THE CHAIRMAN: Please open the ballot.
6 (Committee ballot opened.)
7 MR. GRAHAM: (Votes yea.)
8 MR. BROWN: (Votes yea.)
9 DR. GAFFNEY: (Votes yea.)
10 MR. HOLT: (Votes yea.)
11 MR. WEBB: (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 approved 2009-103.
19 Back to Page 4. 2008-418. There's an
20 amendment.
21 MR. HOLT: Move the amendment.
22 MR. WEBB: Second.
23 THE CHAIRMAN: The amendment's been moved
24 and seconded.
25 Can we hear the amendment, please.
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1 MS. ELLER: To the chairman, the amendment
2 is just to fix the cross-references to
3 2009-103. You'll recall that this used to have
4 a companion small scale, so all the
5 cross-referencing in the pending bill are to
6 that companion small scale that had to be
7 withdrawn and converted to a semiannual, so it's
8 a technical correction.
9 THE CHAIRMAN: I don't recall, but I'll
10 take your word for it.
11 Seeing no discussion, all in favor of the
12 amendment signify by saying aye.
13 COMMITTEE MEMBERS: Aye.
14 THE CHAIRMAN: Those opposed.
15 COMMITTEE MEMBERS: (No response.)
16 THE CHAIRMAN: By your action, you've
17 approved the amendment.
18 MR. WEBB: Move the bill as amended.
19 MR. HOLT: Second.
20 THE CHAIRMAN: The bill's been moved and
21 seconded as amended.
22 Any discussion on the bill?
23 COMMITTEE MEMBERS: (No response.)
24 THE CHAIRMAN: Seeing none, please open the
25 ballot.
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1 (Committee ballot opened.)
2 MR. GRAHAM: (Votes yea.)
3 MR. BROWN: (Votes yea.)
4 DR. GAFFNEY: (Votes yea.)
5 MR. HOLT: (Votes yea.)
6 MR. WEBB: (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 approved 2008-418.
14 Thank you, sir.
15 2008-517, 2008-541 are both deferred.
16 Top of page 5. 2008-542 is deferred.
17 2008-546, we've already taken care of that
18 one.
19 2008-549 is deferred. 2008-550 is
20 deferred.
21 And we have one last one of these jumping
22 around and we're done with them.
23 2008-552, and on page 11 we have 2009-105.
24 We'll open both of those public hearings.
25 Mr. Harden.
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1 (Mr. Harden approaches the podium.)
2 MR. HARDEN: Are we on 14, Mr. Chairman?
3 THE CHAIRMAN: Yes, we are, sir.
4 MR. HARDEN: Okay. Do you have a letter
5 from Ms. Lee?
6 Paul Harden, 501 Riverside Avenue.
7 Ms. Lee and I spoke right before the
8 meeting. She suggested or asked or said that
9 she wanted the PUD deferred, that she had
10 recently gotten some comments and would like for
11 a week or so to look forward -- you know, work
12 on those comments -- it's outlined in her
13 letter -- but that we could move forward with
14 the land use map amendment.
15 This has been pending now for about 16 or
16 17 months. It's been approved by the Planning
17 Commission, the Council, the Northside CPAC
18 unanimously approved it twice.
19 I respect Councilman [sic] Lee's request,
20 and so I would respectfully request that you
21 move forward with the land use map amendment and
22 delay the PUD. If we can work it out, we'll ask
23 that it be discharged at council Tuesday night.
24 If we can't, then she and I will, I guess, deal
25 with it down the road.
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1 THE CHAIRMAN: Sounds good.
2 Thank you, sir.
3 MR. HARDEN: Yes, sir.
4 THE CHAIRMAN: Well, we will continue the
5 public hearing on 2008-552.
6 We will --
7 MS. ELLER: Mr. Chairman, I apologize for
8 interrupting.
9 I just wanted to put on the record that if
10 it is discharged, you would need to move a floor
11 amendment because there are several conditions
12 that have been offered by the Planning
13 Commission.
14 MR. HARDEN: I have no --
15 MS. ELLER: If you so choose.
16 MR. HARDEN: Yeah, I have no objection to
17 you doing that amendment now and leaving it in
18 committee so you don't have to do a floor
19 amendment. I think that would be the most
20 expeditious way to deal with it.
21 THE CHAIRMAN: Okay.
22 MS. ELLER: (Inaudible.)
23 MR. HARDEN: Yeah.
24 THE CHAIRMAN: So, Ms. Eller, you want us
25 to amend and rerefer back to LUZ?
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1 MR. HARDEN: Amend and defer.
2 MS. ELLER: No. Actually, Mr. Chairman, I
3 think -- even if you passed an amendment, if you
4 don't report it out, then the amendment never
5 makes it to the body and you'd still have to do
6 a floor amendment because it will still be in
7 committee. So I think that if you open and
8 continue here and then pass out the land use, if
9 you do want to ask for it to be discharged,
10 since there is a public hearing on Tuesday, you
11 could move to discharge -- if that is approved,
12 move the floor amendment at that time.
13 THE CHAIRMAN: So you're telling me I was
14 correct the first time?
15 MS. ELLER: Yes.
16 THE CHAIRMAN: Thank you.
17 Okay. Committee members, let's go back
18 over to page -- the top of page 11, 2009-105.
19 We will close that public hearing.
20 MR. WEBB: Move the bill.
21 MR. HOLT: Second.
22 THE CHAIRMAN: It's been moved and
23 seconded.
24 Any discussion on the bill?
25 COMMITTEE MEMBERS: (No response.)
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1 THE CHAIRMAN: Seeing none, please open the
2 ballot.
3 (Committee ballot opened.)
4 MR. GRAHAM: (Votes yea.)
5 MR. BROWN: (Votes yea.)
6 DR. GAFFNEY: (Votes yea.)
7 MR. HOLT: (Votes yea.)
8 MR. WEBB: (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've
15 approved 2009-105.
16 And that puts us through number 14.
17 We're going to take probably about a
18 25-minute break. So, according to that clock,
19 I've got five minutes after 8:00. We will be
20 back -- we're going to take a take dinner
21 break.
22 That being the case, we'll take a recess.
23 Thank you.
24 (Brief recess.)
25 THE CHAIRMAN: Okay. Let's start again.
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1 Bottom of page 6. 2008-880 is deferred.
2 Top of page 7. 2008-892, we have a request
3 for withdrawal.
4 Can I get a motion to withdraw?
5 MR. REDMAN: Motion to withdraw.
6 THE CHAIRMAN: Okay. Can I get a second?
7 MR. BROWN: Second.
8 THE CHAIRMAN: Any questions?
9 COMMITTEE MEMBERS: (No response.)
10 THE CHAIRMAN: Please open the ballot.
11 (Committee ballot opened.)
12 MR. GRAHAM: (Votes yea.)
13 DR. GAFFNEY: (Votes yea.)
14 MR. BROWN: (Votes yea.)
15 MR. HOLT: (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: Five yeas, zero nays.
21 THE CHAIRMAN: By your action, you have
22 withdrawn 2008-892.
23 2008-893. There's another request for
24 withdrawal.
25 MR. REDMAN: Move to withdraw.
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1 MR. HOLT: Second.
2 THE CHAIRMAN: It's been moved and
3 seconded.
4 Any discussion on the withdrawal?
5 COMMITTEE MEMBERS: (No response.)
6 THE CHAIRMAN: Seeing none, please open the
7 ballot.
8 (Committee ballot opened.)
9 MR. GRAHAM: (Votes yea.)
10 DR. GAFFNEY: (Votes yea.)
11 MR. BROWN: (Votes yea.)
12 MR. HOLT: (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: Five yeas, zero nays.
18 THE CHAIRMAN: By your action, you have
19 withdrawn 2008-893.
20 2008-970 is deferred.
21 Top of page 8. 2008-986. We will open
22 that public hearing.
23 (Mr. Sanders approaches the podium.)
24 MR. SANDERS: Mr. Chairman, Karl Sanders,
25 6 East Bay Street, for the applicant.
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1 Available for questions this evening.
2 THE CHAIRMAN: You're a good man.
3 Any questions for Mr. Sanders?
4 COMMITTEE MEMBERS: (No response.)
5 THE CHAIRMAN: We'll close that public
6 hearing.
7 There's an amendment.
8 MR. HOLT: Move the amendment.
9 MR. BROWN: Second.
10 THE CHAIRMAN: The amendment's been moved
11 and seconded.
12 Can we hear the amendment, please.
13 MR. KELLY: Thank you.
14 Through the Chair, members of council,
15 application for rezoning 2008-986 is recommended
16 for approval by the Planning Commission subject
17 to the ten conditions in the report. However,
18 specifically conditions 5, 6, 7, and 8 are
19 struck as they were incorporated into a revised
20 legal description dated February 29th.
21 So there are six conditions for approval,
22 and I believe there's an addendum to the written
23 description that incorporates the sign exhibits
24 as well.
25 THE CHAIRMAN: Mr. Sanders, are you good
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1 with those?
2 MR. SANDERS: Yes, sir.
3 THE CHAIRMAN: Sounds good.
4 All in favor of the amendment signify by
5 saying aye.
6 COMMITTEE MEMBERS: Aye.
7 THE CHAIRMAN: Ms. Eller.
8 MS. ELLER: Thank you. I apologize.
9 Mr. Kelly, I think, had said February
10 29th. I may have heard wrong, but I have the
11 written description, site plan, and legal all
12 dated February 25th, 2009.
13 Is that correct?
14 MR. KELLY: Yes.
15 MS. ELLER: Okay. Thank you.
16 THE CHAIRMAN: Any opposed?
17 COMMITTEE MEMBERS: (No response.)
18 THE CHAIRMAN: By your action, you approved
19 the amendment.
20 MR. HOLT: Move the bill as amended.
21 MR. REDMAN: Second.
22 THE CHAIRMAN: The bill's been moved and
23 seconded as amended.
24 Any discussion on the bill?
25 COMMITTEE MEMBERS: (No response.)
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1 THE CHAIRMAN: Seeing none, please open the
2 ballot.
3 (Committee ballot opened.)
4 MR. GRAHAM: (Votes yea.)
5 MR. BROWN: (Votes yea.)
6 MR. HOLT: (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: Four yeas, zero nays.
12 THE CHAIRMAN: By your action, you have
13 approved 2008-8- -- I'm sorry, -986.
14 2008-1069 we've already done.
15 2008-1071. We will open that public
16 hearing.
17 Seeing no speakers, we'll continue that
18 public hearing and take no action.
19 2009-12. We're deferring that one.
20 MR. HOLT: Mr. Chair.
21 THE CHAIRMAN: Yes.
22 MR. HOLT: (Inaudible.)
23 THE CHAIRMAN: Microphone.
24 MR. HOLT: Mr. Chair, I was just wondering
25 why we're continuing to defer this. I know that
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1 District Councilwoman Lee had asked for it to be
2 deferred a couple of weeks ago. Did we clarify
3 any issues?
4 THE CHAIRMAN: As far as I know, it
5 was -- she asked for it to be deferred probably
6 four weeks ago, it came back to the committee,
7 you guys voted it out two weeks ago because I
8 wasn't here, and she asked for it to be sent
9 back again off the council floor Tuesday night,
10 and then I told her that it will sit here until
11 she or somebody else is ready to move it
12 forward.
13 MR. HOLT: Okay. Well --
14 (Mr. Duggan approaches the podium.)
15 THE CHAIRMAN: Mr. Duggan.
16 MR. DUGGAN: Thank you, Mr. Chairman.
17 To Mr. Holt, to your inquiry, Tiffany,
18 Councilwoman Lee's council aide, approached me
19 this morning -- or excuse me -- this afternoon,
20 right before agenda to say that she is still
21 trying to schedule a meeting. Councilwoman Lee
22 has some questions about the dissolution.
23 That's all I know.
24 I provided her with all of the
25 documentation from when the district was
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1 established. I don't know the nature of her
2 concerns, but she has some.
3 MR. HOLT: All right. Through the Chair to
4 Ms. Eller, does this put us in any kind of bad
5 situation? Because this same property, we are
6 now, tonight, moving forward with several other
7 bills to go ahead and rezone and change the land
8 use.
9 MS. ELLER: No. This will not affect those
10 other bills that you're working on.
11 The Community Development District is a
12 voluntary district that is coordinated and
13 created at the sole request of a private
14 property owner. The reason they choose to
15 create a Community Development District is to be
16 able to provide infrastructure financing for
17 their future project.
18 In this case, the property -- the developer
19 who created this Community Development District
20 is no longer developing, either under the same
21 plan or not at all, likely due to the economy.
22 So there is a cost associated with
23 maintaining a Community Development District.
24 And if the purpose, which is to have the -- have
25 access to bond financing and those types of
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1 things so they can finance infrastructure and
2 then pass those costs through to the ultimate
3 users and buyers of that property, that --
4 that's no longer there, so there's really no
5 reason for them to continue on. And, like I
6 said, there is a cost associated with
7 maintaining the Community Development District.
8 MR. HOLT: Okay. Thank you.
9 A lot of this Community Development
10 District is in my district as well, and I'm
11 ready to move forward with it whenever
12 Mr. Duggan is and --
13 MR. DUGGAN: Just to clarify, just because
14 I feel like I have an obligation to make sure
15 everybody is on the same page, all of this
16 Thomas Creek Community Development District is
17 in District 8. It's south of Lem Turner.
18 Perhaps there's some confusion, but --
19 MR. HOLT: Okay. I thought it was --
20 included all of the Timucuan development.
21 MR. DUGGAN: No. This is different.
22 MR. HOLT: Okay.
23 MR. DUGGAN: This is between Braddock and
24 Lem Turner, so it's -- it's bounded on the west
25 by Braddock and on the northeast by Lem Turner.
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1 It's just south of the airport.
2 MR. HOLT: Okay. Well, then I'm way off
3 base.
4 Thank you.
5 MR. DUGGAN: Well, I just wanted to make
6 sure you were clear.
7 THE CHAIRMAN: Top of page 9. 2009-29 is
8 deferred.
9 2009-50. We'll open that public hearing.
10 (Ms. Jenkins approaches the podium.)
11 THE CHAIRMAN: Suzanne Jenkins, welcome.
12 Former Councilmember Jenkins.
13 MS. JENKINS: Thank you, Mr. Chairman and
14 committee members.
15 My name is Suzanne Jenkins, 4765
16 Silver Ridge Court, Jacksonville, Florida 32207.
17 This address is in my general
18 neighborhood. We have been in contact with our
19 councilman regarding this. We are concerned.
20 For the most part, we're in opposition, but we
21 would like to meet with the developer and the
22 councilmember to talk to them about the site and
23 possible solutions to the problem.
24 We know this will be developed at some
25 point, but we are concerned with the density and
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1 intensity on an unimproved road that's used as a
2 cut-through that -- the community has, you know,
3 been very active and proactive in doing their
4 own traffic calming, paying for the speed humps
5 that are there now, and there are no curb or
6 gutter or sidewalks for this area.
7 So we called our councilmember. He's going
8 to set up a meeting with us, but we wanted --
9 when we saw it still on tonight, they called and
10 asked me would I come down and just put on the
11 record our concerns and the fact that we're
12 asking for a meeting.
13 THE CHAIRMAN: Would this intersection be
14 considered a node?
15 MS. JENKINS: No. There would be no node
16 at this intersection.
17 That node now has apartments.
18 THE CHAIRMAN: It's no longer a Wal-Mart,
19 it's high-density apartments?
20 MS. JENKINS: That would be 163 of them. A
21 lot of them are for rent.
22 THE CHAIRMAN: And no trees.
23 MS. JENKINS: And no trees.
24 THE CHAIRMAN: Thank you, Ms. Jenkins.
25 MS. JENKINS: Thank you.
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1 THE CHAIRMAN: Seeing no further speakers,
2 we'll continue that public hearing and take no
3 action.
4 2009-51 we've already done.
5 2009-91. We will open the public hearing.
6 Marshall Catlin.
7 MR. KRAVITZ: He just left.
8 THE CHAIRMAN: Well, I guess Mr. Marshall
9 Catlin --
10 MS. ELLER: Mr. Chairman, if you will, the
11 councilmember and I spoke to Mr. Catlin and we
12 are working on his issues in preparation for the
13 Planning Commission coverage of this bill.
14 THE CHAIRMAN: Okay. We will continue that
15 public hearing and take no further action.
16 We have done all of page 10.
17 We are on page 11. We will open the public
18 hearing on -106 and -107.
19 We have Alberta Hipps.
20 (Ms. Hipps approaches the podium.)
21 MS. HIPPS: Alberta Hipps, 1650 Margaret
22 Street, 32204.
23 THE CHAIRMAN: For questions only?
24 MS. HIPPS: Yes.
25 THE CHAIRMAN: You're a good woman.
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1 Seeing no questions for Ms. Hipps, we will
2 close that public hearing on -06 and -07.
3 Could somebody move -06, please.
4 DR. GAFFNEY: Move the bill.
5 MR. HOLT: Second.
6 THE CHAIRMAN: It's been moved and
7 seconded.
8 Any 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 DR. GAFFNEY: (Votes yea.)
15 MR. BROWN: (Votes yea.)
16 MR. HOLT: (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: Five yeas, zero nays.
22 THE CHAIRMAN: By your action, you have
23 approved -106.
24 -107. There's an amendment.
25 MR. HOLT: Move the amendment.
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1 DR. GAFFNEY: Second.
2 THE CHAIRMAN: The amendment's been moved
3 and seconded.
4 Ms. Hipps, do you need to hear the
5 amendment?
6 MS. HIPPS: I would like it read into the
7 record, please.
8 MR. CROFTS: Yes, Mr. Chairman and members,
9 the amendment consists of four conditions. They
10 are the following:
11 "The development shall be subject to the
12 original legal description dated December 5th,
13 2008."
14 Number 2, "The development shall be subject
15 to the original written description dated
16 December 23rd, 2008."
17 Number 3, "The development shall be subject
18 to the original site plan dated December 5th,
19 2008."
20 Fourth and finally, "The development shall
21 be subject to the review and approval of the
22 Development Services Division pursuant to their
23 memorandum dated January 29th, 2009, or as
24 otherwise approved by the Planning and
25 Development Department."
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1 That's it.
2 THE CHAIRMAN: Ms. Hipps, are you fine with
3 those?
4 MS. HIPPS: Yes.
5 THE CHAIRMAN: Let the record indicate she
6 said yes.
7 All in favor of the amendment signify by
8 saying aye.
9 COMMITTEE MEMBERS: Aye.
10 THE CHAIRMAN: Those opposed.
11 COMMITTEE MEMBERS: (No response.)
12 THE CHAIRMAN: By your action, you've
13 approved the amendment.
14 MR. HOLT: Move the bill as amended.
15 DR. GAFFNEY: Second.
16 THE CHAIRMAN: The bill's been moved and
17 seconded as amended.
18 Any discussion on the bill?
19 COMMITTEE MEMBERS: (No response.)
20 THE CHAIRMAN: Seeing none, please open the
21 ballot.
22 (Committee ballot opened.)
23 MR. GRAHAM: (Votes yea.)
24 DR. GAFFNEY: (Votes yea.)
25 MR. BROWN: (Votes yea.)
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1 MR. HOLT: (Votes yea.)
2 MR. REDMAN: (Votes yea.)
3 (Committee ballot closed.)
4 THE CHAIRMAN: Close the ballot and record
5 the vote.
6 MS. LAHMEUR: Five yeas, zero nays.
7 THE CHAIRMAN: By your action, you have
8 approved -107 as amended.
9 We will open -108 and -109.
10 We have Dick Kravitz here.
11 (Mr. Kravitz approaches the podium.)
12 THE CHAIRMAN: Mr. Kravitz.
13 MR. KRAVITZ: Thank you.
14 Richard Kravitz, 1650 Margaret Street, for
15 the applicant.
16 Mr. Chairman, we're for -- am I the only
17 one?
18 THE CHAIRMAN: You're it.
19 MR. KRAVITZ: So questions only, but on the
20 zoning, I just want to be sure, since we have a
21 new written -- new date on our written
22 description, that we make sure we're in the same
23 line with the Planning Department.
24 THE CHAIRMAN: We got you. Hold tight.
25 We'll close that public hearing.
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1 Can I get a motion on -108?
2 MR. HOLT: Move the bill.
3 DR. GAFFNEY: Second.
4 THE CHAIRMAN: It's been moved and
5 seconded.
6 Any discussion on the bill?
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 DR. GAFFNEY: (Votes yea.)
13 MR. BROWN: (Votes yea.)
14 MR. HOLT: (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: Five yeas, zero nays.
20 THE CHAIRMAN: By your action, you have
21 approved -108.
22 Top of page 12. 2009-109.
23 MR. HOLT: Move the amendment.
24 DR. GAFFNEY: Second.
25 THE CHAIRMAN: The amendment's been moved
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1 and seconded.
2 Can we hear the amendment, please.
3 MR. CROFTS: Yes. The amendment is as
4 follows:
5 "The developer shall be subject to the
6 original legal description dated December 23rd,
7 2008."
8 Number 2, "The developer shall be subject
9 to the revised written description dated
10 March 3rd, 2009."
11 Number 3, "The developer shall be subject
12 to the original site plan dated November 22nd,
13 2007."
14 Number 4, "The required transportation
15 improvements shall be made in accordance with
16 the Development Services memorandum dated
17 January 29, 2009, or as otherwise approved by
18 the Planning and Development Department."
19 That's it.
20 MR. KRAVITZ: Great.
21 THE CHAIRMAN: Sounds good.
22 All in favor signify by saying aye.
23 COMMITTEE MEMBERS: Aye.
24 THE CHAIRMAN: Those opposed.
25 COMMITTEE MEMBERS: (No response.)
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1 THE CHAIRMAN: By your action, you've
2 approved the amendment.
3 MR. HOLT: Move the bill as amended.
4 DR. GAFFNEY: Second.
5 THE CHAIRMAN: The bill's been moved and
6 seconded as amended.
7 Any further discussion on the bill?
8 COMMITTEE MEMBERS: (No response.)
9 THE CHAIRMAN: Seeing none, please open the
10 ballot.
11 (Committee ballot opened.)
12 MR. GRAHAM: (Votes yea.)
13 DR. GAFFNEY: (Votes yea.)
14 MR. BROWN: (Votes yea.)
15 MR. HOLT: (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: Five yeas, zero nays.
21 THE CHAIRMAN: By your action, you have
22 approved -109 as amended.
23 Thank you, sir.
24 MR. KRAVITZ: Thank you.
25 THE CHAIRMAN: We will open the public
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1 hearing for -110 and -111.
2 Mr. Hainline.
3 (Mr. Hainline approaches the podium.)
4 THE CHAIRMAN: Welcome, sir.
5 MR. HAINLINE: T.R. Hainline, 1301
6 Riverplace Boulevard, representing the
7 Child Guidance Center.
8 Happy to answer any questions.
9 THE CHAIRMAN: For questions only.
10 Seeing no questions, we will close that
11 public hearing.
12 MR. HOLT: Move the bill.
13 DR. GAFFNEY: Second.
14 THE CHAIRMAN: It's been moved and seconded
15 for -110.
16 Any discussion?
17 COMMITTEE MEMBERS: (No response.)
18 THE CHAIRMAN: Please open the ballot.
19 (Committee ballot opened.)
20 MR. GRAHAM: (Votes yea.)
21 DR. GAFFNEY: (Votes yea.)
22 MR. BROWN: (Votes yea.)
23 MR. HOLT: (Votes yea.)
24 MR. REDMAN: (Votes yea.)
25 (Committee ballot closed.)
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1 THE CHAIRMAN: Close the ballot and record
2 the vote.
3 MS. LAHMEUR: Five yeas, zero nays.
4 THE CHAIRMAN: By your action, you have
5 approved -110.
6 -111. We have an amendment.
7 MR. HOLT: Move the amendment.
8 DR. GAFFNEY: Second.
9 THE CHAIRMAN: The amendment's been moved
10 and seconded.
11 MR. CROFTS: The amendment is as follows:
12 Condition number 1, "The development shall
13 be subject to the original legal description
14 dated December 26th, 2007."
15 Number 2, "The development shall be subject
16 to the original written description dated
17 December 26th, 2007."
18 Third, "The development shall be subject to
19 the original site plan dated December 26th,
20 2007."
21 Fourth and finally, "The development shall
22 be subject to the review and approval of the
23 Development Services Division pursuant to their
24 memorandum dated January 29, 2009, or as
25 otherwise approved by the Planning and
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1 Development Department."
2 THE CHAIRMAN: Mr. Hainline, are you okay
3 with those?
4 MR. HAINLINE: Yes, sir.
5 THE CHAIRMAN: Let the record show that he
6 indicated yes.
7 All in favor of the amendment say aye.
8 COMMITTEE MEMBERS: Aye.
9 THE CHAIRMAN: Those opposed.
10 COMMITTEE MEMBERS: (No response.)
11 THE CHAIRMAN: By your action, you've
12 approved the amendment.
13 MR. HOLT: Move the bill as amended.
14 DR. GAFFNEY: Second.
15 THE CHAIRMAN: It's been moved and seconded
16 as amended.
17 Any further discussion?
18 COMMITTEE MEMBERS: (No response.)
19 THE CHAIRMAN: Seeing none, please open the
20 ballot.
21 (Committee ballot opened.)
22 MR. GRAHAM: (Votes yea.)
23 DR. GAFFNEY: (Votes yea.)
24 MR. BROWN: (Votes yea.)
25 MR. HOLT: (Votes yea.)
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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: Five yeas, zero nays.
6 THE CHAIRMAN: By your action, you have
7 approved -111.
8 We will open -112 and -113, and we have
9 Dan Boswell for questions only.
10 That's a good man.
11 Seeing no questions, we'll close both of
12 those public hearings.
13 MR. HOLT: Move the bill.
14 DR. GAFFNEY: Second.
15 THE CHAIRMAN: It's been moved and seconded
16 for -112.
17 Mr. Redman.
18 MR. REDMAN: (Inaudible.)
19 THE CHAIRMAN: Turn your mic on.
20 MR. REDMAN: Sorry.
21 We have an amendment that -- I would like
22 to make a motion that we approve the amendment
23 with the following additional conditions --
24 THE CHAIRMAN: This is on the land use or
25 on the zoning?
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1 MR. REDMAN: All right. So I'm early.
2 Thank you.
3 THE CHAIRMAN: Okay. We're on the motion
4 for -112. Please open the ballot.
5 (Committee ballot opened.)
6 MR. GRAHAM: (Votes yea.)
7 DR. GAFFNEY: (Votes yea.)
8 MR. BROWN: (Votes yea.)
9 MR. HOLT: (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: Five yeas, zero nays.
15 THE CHAIRMAN: By your action, you have
16 approved -112.
17 Okay. Mr. Redman, -113. You're on.
18 MR. REDMAN: Thank you.
19 Yes, I'd like to make a motion that we
20 approve the amendment to this with the following
21 additional conditions:
22 Number 1, "Within 30 days of the effective
23 date of this ordinance all uses of the storage
24 building located at 3364 Forest Boulevard,
25 except for RV-related storage, shall cease."
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1 Number 2, "Within 30 days of the effective
2 date of the ordinance all exterior signs on
3 the" -- "face Forest Boulevard shall be removed
4 from the storage building located at 3364 Forest
5 Boulevard."
6 And Mr. Boswell and I -- Mr. Boswell has
7 agreed to these stipulations with me. We
8 discussed them today, and I need to declare
9 ex-parte communications with him.
10 THE CHAIRMAN: Thank you, sir.
11 Are you okay with those so far?
12 MR. BOSWELL: Absolutely.
13 THE CHAIRMAN: I'm sure you've got some
14 more coming.
15 Mr. Crofts.
16 MR. CROFTS: Mr. Chairman, there are seven
17 conditions. If you permit me, and the committee
18 as well as the applicant, those were the same
19 conditions that are reflected in a
20 correspondence addressed to the council
21 president and the rest of the council members
22 dated February 26th, 2009.
23 THE CHAIRMAN: Are you familiar with that,
24 Mr. Boswell?
25 MR. BOSWELL: Yes, I am.
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1 THE CHAIRMAN: Are you in agreement with
2 it?
3 MR. BOSWELL: Yes, I am.
4 THE CHAIRMAN: Sounds great.
5 All in favor say aye.
6 COMMITTEE MEMBERS: Aye.
7 THE CHAIRMAN: Those opposed.
8 COMMITTEE MEMBERS: (No response.)
9 THE CHAIRMAN: By your action, you have
10 approved the amendment of -113.
11 MR. HOLT: Move the bill as amended.
12 DR. GAFFNEY: Second.
13 THE CHAIRMAN: The bill's been moved and
14 seconded as amended.
15 Any further discussion on the bill?
16 COMMITTEE MEMBERS: (No response.)
17 THE CHAIRMAN: Seeing none, please open the
18 ballot.
19 (Committee ballot opened.)
20 MR. GRAHAM: (Votes yea.)
21 DR. GAFFNEY: (Votes yea.)
22 MR. BROWN: (Votes yea.)
23 MR. HOLT: (Votes yea.)
24 MR. REDMAN: (Votes yea.)
25 (Committee ballot closed.)
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1 THE CHAIRMAN: Close the ballot and record
2 the vote.
3 MS. LAHMEUR: Five yeas, zero nays.
4 THE CHAIRMAN: By your action, you have
5 approved 2009-113 as amended.
6 Thank you, sir.
7 MR. BOSWELL: Thank you.
8 THE CHAIRMAN: We've already done -114 and
9 -115.
10 -116 and -117. We'll open those public
11 hearings, and we've got Calvin Burney for
12 questions only.
13 You too are a good man, sir.
14 Seeing no questions for him, we'll close
15 those two public hearings.
16 MR. HOLT: Move the bill.
17 DR. GAFFNEY: Second.
18 THE CHAIRMAN: It's been moved and seconded
19 for -116.
20 Seeing no questions, please open the
21 ballot.
22 (Committee ballot opened.)
23 MR. GRAHAM: (Votes yea.)
24 DR. GAFFNEY: (Votes yea.)
25 MR. BROWN: (Votes yea.)
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1 MR. HOLT: (Votes yea.)
2 MR. REDMAN: (Votes yea.)
3 (Committee ballot closed.)
4 THE CHAIRMAN: Close the ballot and record
5 the vote.
6 MS. LAHMEUR: Five yeas, zero nays.
7 THE CHAIRMAN: By your action, you have
8 approved -116.
9 MR. HOLT: Move -117.
10 DR. GAFFNEY: Second.
11 THE CHAIRMAN: -117, it's been moved and
12 seconded.
13 Any discussion on -117?
14 COMMITTEE MEMBERS: (No response.)
15 THE CHAIRMAN: Seeing none, please open the
16 ballot.
17 (Committee ballot opened.)
18 MR. GRAHAM: (Votes yea.)
19 DR. GAFFNEY: (Votes yea.)
20 MR. BROWN: (Votes yea.)
21 MR. HOLT: (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: Five yeas, zero nays.
2 THE CHAIRMAN: By your action, you have
3 approved -117.
4 Thank you, sir.
5 MR. BURNEY: Thank you.
6 THE CHAIRMAN: We will open -118 and -119.
7 (Mr. Mann approaches the podium.)
8 MR. MANN: Charles Mann, 165 Arlington
9 Road, representing the landowner, for questions
10 only.
11 THE CHAIRMAN: Charles Mann is also a good
12 man.
13 Thank you, sir.
14 We will close that public hearing on -118.
15 MR. HOLT: Move the amendment.
16 DR. GAFFNEY: Second.
17 THE CHAIRMAN: -118 doesn't have an
18 amendment, does it?
19 MR. CROFTS: Yes, it does.
20 THE CHAIRMAN: Okay. Can I hear the
21 amendment?
22 MR. CROFTS: The amendment constitutes a
23 revision in the text from 2009 to 2008. It's a
24 correction of a date.
25 THE CHAIRMAN: Okay. All in favor of the
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1 amendment say aye.
2 COMMITTEE MEMBERS: Aye.
3 THE CHAIRMAN: Those opposed.
4 COMMITTEE MEMBERS: (No response.)
5 THE CHAIRMAN: By your action, you've
6 approved the amendment.
7 MR. HOLT: Move the bill as amended.
8 DR. GAFFNEY: Second.
9 THE CHAIRMAN: The bill's been moved and
10 seconded as amended.
11 Seeing no questions, open the ballot.
12 (Committee ballot opened.)
13 MR. GRAHAM: (Votes yea.)
14 DR. GAFFNEY: (Votes yea.)
15 MR. BROWN: (Votes yea.)
16 MR. HOLT: (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: Five yeas, zero nays.
22 THE CHAIRMAN: By your action, you have
23 approved -118.
24 -119.
25 MR. HOLT: Move the amendment.
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1 DR. GAFFNEY: Second.
2 THE CHAIRMAN: The amendment's been moved
3 and seconded.
4 Any discussion on the amendment?
5 COMMITTEE MEMBERS: (No response.)
6 THE CHAIRMAN: Can we hear the amendment,
7 please.
8 MR. CROFTS: Yes. The amendment is as
9 follows:
10 Condition number 1, "The developer shall be
11 subject to the original legal description dated
12 March 6th, 2008."
13 Number 2, "The developer shall be subject
14 to the revised written description dated January
15 26th, 2009."
16 Number 3, "The developer shall be subject
17 to the original site plan dated March 6th,
18 2008."
19 Number 4, "The required transportation
20 improvements shall be made in accordance with
21 the Development Services memorandum dated
22 February 2nd, 2009, or as otherwise approved by
23 the Planning and Development Department."
24 Fifth and finally, "The applicant has
25 acquired a parcel of land from the City of
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1 Jacksonville which is contiguous to and runs the
2 length of the west property line separating the
3 subject property from the Cinnamon Lakes
4 subdivision. The applicant shall place ten feet
5 of this property contiguous to the east property
6 line on the Cinnamon Lakes subdivision in an
7 irrevocable conservation easement.
8 "In addition, an 8-foot-high, 85 percent
9 opaque vinyl fence will be constructed along the
10 west property line of the Cinnamon Lakes
11 subdivision. Said conservation easement shall
12 be left in a natural state. This will meet the
13 requirement for an uncomplementary buffer if the
14 conservation easement is executed."
15 That's it.
16 THE CHAIRMAN: That was a long amendment.
17 You good with that?
18 MR. MANN: That was a condition that we put
19 on there in agreement with Cinnamon Lakes. And
20 at the Planning Commission we turned in a letter
21 of support, acknowledging that condition from
22 Cinnamon Lakes of our project.
23 THE CHAIRMAN: So you're good?
24 MR. MANN: We're good.
25 THE CHAIRMAN: All in favor say aye.
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1 COMMITTEE MEMBERS: Aye.
2 THE CHAIRMAN: Those opposed.
3 COMMITTEE MEMBERS: (No response.)
4 THE CHAIRMAN: By your action, you approved
5 the amendment.
6 MR. HOLT: Move the bill as amended.
7 DR. GAFFNEY: Second.
8 THE CHAIRMAN: It's been moved and seconded
9 as amended.
10 Any further discussion on the bill?
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 DR. GAFFNEY: (Votes yea.)
17 MR. BROWN: (Votes yea.)
18 MR. HOLT: (Votes yea.)
19 MR. REDMAN: (Votes yea.)
20 (Committee ballot closed.)
21 THE CHAIRMAN: Close the ballot and record
22 the vote.
23 MS. LAHMEUR: Five yeas, zero nays.
24 THE CHAIRMAN: By your action, you have
25 approved -119 as amended.
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1 Thank you, sir.
2 -119 and -- I'm sorry, -120 and -121,
3 open the public hearing.
4 MR. MANN: Charles Mann, 165 Arlington
5 Road, representing the landowner.
6 Questions only.
7 THE CHAIRMAN: You're also a good man
8 again.
9 We'll close the public hearing on both of
10 those.
11 -120.
12 MR. HOLT: Move the amendment on -120.
13 DR. GAFFNEY: Second.
14 THE CHAIRMAN: It's been moved and
15 seconded, the amendment on -120.
16 It's the same amendment?
17 MS. ELLER: Correct.
18 THE CHAIRMAN: Sounds good.
19 All in favor say 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 amendment.
25 MR. HOLT: Move the bill as amended.
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1 DR. GAFFNEY: Second.
2 THE CHAIRMAN: The bill's been moved and
3 seconded as amended.
4 Any discussion on the bill?
5 COMMITTEE MEMBERS: (No response.)
6 THE CHAIRMAN: Seeing none, please open the
7 ballot.
8 (Committee ballot opened.)
9 MR. GRAHAM: (Votes yea.)
10 DR. GAFFNEY: (Votes yea.)
11 MR. BROWN: (Votes yea.)
12 MR. HOLT: (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: Five yeas, zero nays.
18 THE CHAIRMAN: By your action, you have
19 approved -120 as amended.
20 Mr. Crescimbeni, if you have something,
21 flail or yell because I don't have a light for
22 you.
23 MR. CRESCIMBENI: I'll flail.
24 THE CHAIRMAN: Okay. Thanks.
25 Mr. Holt.
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1 MR. HOLT: On -121, Mr. Chair, I need to
2 declare ex-parte. March 2nd, 3 o'clock in my
3 office, discussed the site plan and its effect
4 on the neighbors to the north with Mr. Mann.
5 Thank you.
6 THE CHAIRMAN: Thank you very much.
7 We're on the amendment.
8 MR. HOLT: Move the amendment.
9 DR. GAFFNEY: Second.
10 THE CHAIRMAN: It's been moved and
11 seconded.
12 Can we hear the amendment, please.
13 MR. CROFTS: The conditions are as
14 follows:
15 Number 1, "The development shall be subject
16 to the original legal description dated February
17 29th, 2008."
18 Number 2, "The development shall be subject
19 to the revised written description dated January
20 28th, 2009."
21 Number 3, "The development shall be subject
22 to the revised site plan dated January 29th,
23 2009."
24 Number 4, "The development will be subject
25 to the review and approval of the Development
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1 Services memorandum dated February 2nd, 2009, or
2 as otherwise approved by the FDOT and the
3 Planning and Development Department."
4 Number 5, "The front facade of all
5 buildings shall be located no greater than
6 80 feet from the right-of-way line."
7 Finally, number 6, "The driveway to
8 parcel B, north end of the property, shall be
9 located 200 feet south of the north property
10 line or as otherwise approved by the
11 Jacksonville Planning and Development Department
12 and the City traffic engineer."
13 That's it.
14 THE CHAIRMAN: Mr. Mann.
15 MR. MANN: We accept them.
16 THE CHAIRMAN: Sounds good.
17 All in favor of the amendment say aye.
18 COMMITTEE MEMBERS: Aye.
19 THE CHAIRMAN: Those opposed.
20 COMMITTEE MEMBERS: (No response.)
21 THE CHAIRMAN: By your action, you approved
22 the amendment.
23 MR. HOLT: Move the bill as amended.
24 DR. GAFFNEY: Second.
25 THE CHAIRMAN: The bill's been moved and
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1 seconded as amended.
2 Any further 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 DR. GAFFNEY: (Votes yea.)
9 MR. BROWN: (Votes yea.)
10 MR. HOLT: (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: Five yeas, zero nays.
16 THE CHAIRMAN: By your action, you have
17 approved -121.
18 MR. MANN: Mr. Chairman, committee, thank
19 you very much.
20 THE CHAIRMAN: Thank you, sir.
21 -122 and -123. We'll open those public
22 hearings.
23 We have Lynda Aycock for questions only.
24 (Ms. Aycock approaches the podium.)
25 THE CHAIRMAN: You too are a good woman.
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1 MS. AYCOCK: Linda Aycock, 1301 Riverplace
2 Boulevard.
3 Thank you.
4 THE CHAIRMAN: Seeing no questions, we'll
5 close those public hearings.
6 -121.
7 DR. GAFFNEY: Move the amendment.
8 MR. HOLT: Second.
9 THE CHAIRMAN: It's been moved and
10 seconded, the amendment.
11 All in favor of the amendment say aye.
12 COMMITTEE MEMBERS: Aye.
13 THE CHAIRMAN: Those opposed.
14 COMMITTEE MEMBERS: (No response.)
15 THE CHAIRMAN: By your action, you approved
16 the amendment.
17 DR. GAFFNEY: Move the bill as amended.
18 MR. HOLT: Move the bill.
19 THE CHAIRMAN: The bill's been moved and
20 seconded as amended.
21 Seeing no discussion, open the ballot.
22 (Committee ballot opened.)
23 MR. GRAHAM: (Votes yea.)
24 DR. GAFFNEY: (Votes yea.)
25 MR. BROWN: (Votes yea.)
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1 MR. HOLT: (Votes yea.)
2 MR. REDMAN: (Votes yea.)
3 (Committee ballot closed.)
4 THE CHAIRMAN: Close the ballot and record
5 the vote.
6 MS. LAHMEUR: Five yeas, zero nays.
7 THE CHAIRMAN: By your action, you have
8 approved -122 as amended.
9 -123.
10 MR. HOLT: Move the bill.
11 DR. GAFFNEY: Second.
12 THE CHAIRMAN: The bill's been moved and
13 seconded.
14 Any discussion on the bill?
15 COMMITTEE MEMBERS: (No response.)
16 THE CHAIRMAN: Seeing none, please open the
17 ballot.
18 (Committee ballot opened.)
19 MR. GRAHAM: (Votes yea.)
20 DR. GAFFNEY: (Votes yea.)
21 MR. BROWN: (Votes yea.)
22 MR. HOLT: (Votes yea.)
23 MR. REDMAN: (Votes yea.)
24 (Committee ballot closed.)
25 THE CHAIRMAN: Close the ballot and record
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1 the vote.
2 MS. LAHMEUR: Five yeas, zero nays.
3 THE CHAIRMAN: By your action, you have
4 approved -123.
5 Thank you, Ms. Aycock.
6 -124 and -125. We will open that public
7 hearing.
8 Brenda Ezell. I recognize that name from
9 somewhere.
10 (Ms. Ezell approaches the podium.)
11 THE CHAIRMAN: Ms. Ezell, how are you
12 today?
13 MS. EZELL: Good. How are you?
14 THE CHAIRMAN: Are you here for questions
15 only?
16 MS. EZELL: Questions only.
17 THE CHAIRMAN: Are there any questions for
18 Ms. Ezell?
19 COMMITTEE MEMBERS: (No response.)
20 THE CHAIRMAN: I have a question.
21 This is in Mr. Jones' district?
22 MS. EZELL: That's correct, sir.
23 THE CHAIRMAN: Is he in favor or against
24 this, do you know?
25 MS. EZELL: Yes, I do.
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1 We have met with him. He's in favor.
2 THE CHAIRMAN: He's in favor of the land
3 use and the zoning or just the land use?
4 MS. EZELL: Well, the zoning is just a
5 straight CGC rezoning, so . . .
6 THE CHAIRMAN: So he's in favor of the
7 zoning?
8 MS. EZELL: Yes.
9 THE CHAIRMAN: But if he takes a position
10 on the zoning before all the facts are in, then
11 that means that he can't vote on this bill; is
12 that correct?
13 MS. EZELL: Well, he hasn't taken a
14 position, but we have talked to him about the
15 matter and he has expressed no concerns.
16 THE CHAIRMAN: Oh, so you're back-peddling
17 a little bit?
18 MS. EZELL: That would be correct.
19 THE CHAIRMAN: Okay. We will close the
20 public hearing on -124. We'll get to -125 in a
21 second.
22 Don't go away.
23 We'll close it on -124. Can I get a
24 motion?
25 MR. HOLT: Move the bill.
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1 DR. GAFFNEY: Second.
2 THE CHAIRMAN: It's been moved and
3 seconded.
4 Any discussion on the bill?
5 COMMITTEE MEMBERS: (No response.)
6 THE CHAIRMAN: Seeing none, please open the
7 ballot.
8 (Committee ballot opened.)
9 MR. GRAHAM: (Votes yea.)
10 DR. GAFFNEY: (Votes yea.)
11 MR. BROWN: (Votes yea.)
12 MR. HOLT: (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: Five yeas, zero nays.
18 THE CHAIRMAN: By your action, you have
19 approved -124.
20 -125.
21 MR. HOLT: Move the bill.
22 DR. GAFFNEY: Second.
23 THE CHAIRMAN: Ms. Ezell, tell me a little
24 bit about this. What is he planning on doing
25 here?
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1 MS. EZELL: Well, this development is
2 adjacent to the existing Kings Avenue
3 development where they are currently
4 constructing a hotel on the site, so this will
5 be additional commercial uses and possible
6 residential uses as well.
7 THE CHAIRMAN: Are you sure Mr. Jones is
8 for this?
9 MS. EZELL: Well, we've spoken to him about
10 the development and he has no concerns about it.
11 THE CHAIRMAN: Okay. Well, I'm just giving
12 you a hard time because it's your last time
13 before us and I figured -- something for you to
14 remember us by.
15 MS. EZELL: Thank you.
16 THE CHAIRMAN: We'll close that public
17 hearing.
18 Can I get a motion?
19 MR. HOLT: Move the bill.
20 DR. GAFFNEY: Second.
21 THE CHAIRMAN: It's been moved and
22 seconded.
23 Seeing no discussion, please open the
24 ballot.
25 (Committee ballot opened.)
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1 MR. GRAHAM: (Votes yea.)
2 DR. GAFFNEY: (Votes yea.)
3 MR. BROWN: (Votes yea.)
4 MR. HOLT: (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: Five yeas, zero nays.
10 THE CHAIRMAN: By your action, you have
11 approved -125.
12 And you can thank Mr. Sanders back there
13 for your harassment.
14 MS. EZELL: Thank you.
15 THE CHAIRMAN: -126 and -127. Open the
16 public hearing.
17 (Mr. Hart approaches the podium.)
18 THE CHAIRMAN: Mr. Hart. You here for
19 questions only?
20 MR. HART: Yes, sir.
21 I think my councilman supports it, but
22 we're going to find out in a minute.
23 THE CHAIRMAN: You too are a good man.
24 We will close both of those public
25 hearings.
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1 MR. HOLT: Move the bill.
2 DR. GAFFNEY: Second.
3 THE CHAIRMAN: It's been moved and
4 seconded.
5 Any discussion on the bill? (No response.)
6 THE CHAIRMAN: Seeing none, please open the
7 ballot.
8 (Committee ballot opened.)
9 MR. GRAHAM: (Votes yea.)
10 DR. GAFFNEY: (Votes yea.)
11 MR. BROWN: (Votes yea.)
12 MR. HOLT: (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: Five yeas, zero nays.
18 THE CHAIRMAN: By your action, you have
19 approved -126.
20 -127.
21 MR. HOLT: Move the bill.
22 THE CHAIRMAN: Is there an amendment?
23 MR. HOLT: Move the amendment.
24 DR. GAFFNEY: Second.
25 THE CHAIRMAN: It's been moved and
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1 seconded.
2 Any discussion on the amendment?
3 COMMITTEE MEMBERS: (No response.)
4 THE CHAIRMAN: All in favor say aye.
5 COMMITTEE MEMBERS: Aye.
6 THE CHAIRMAN: Those opposed.
7 COMMITTEE MEMBERS: (No response.)
8 THE CHAIRMAN: By your action, you've
9 approved the amendment.
10 DR. GAFFNEY: Move the bill as amended.
11 MR. HOLT: Second.
12 THE CHAIRMAN: It's been moved and seconded
13 as amended.
14 Any discussion?
15 COMMITTEE MEMBERS: (No response.)
16 THE CHAIRMAN: Seeing none, please open the
17 ballot.
18 (Committee ballot opened.)
19 MR. GRAHAM: (Votes yea.)
20 DR. GAFFNEY: (Votes yea.)
21 MR. BROWN: (Votes yea.)
22 MR. HOLT: (Votes yea.)
23 MR. REDMAN: (Votes yea.)
24 (Committee ballot closed.)
25 THE CHAIRMAN: Close the ballot and record
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1 the vote.
2 MS. LAHMEUR: Five yeas, zero nays.
3 THE CHAIRMAN: By your action, you have
4 approved -127 as amended.
5 -128 and -129. We will open those public
6 hearings.
7 (Mr. Mann approaches the podium.)
8 MR. MANN: Mr. Chairman, Charles Mann,
9 165 Arlington Road, representing the landowner.
10 Mr. Chairman, after the agenda meeting,
11 before this meeting started, my client decided
12 that he would like to withdraw these two items
13 at your -- at your pleasure.
14 THE CHAIRMAN: Sounds good.
15 Thank you, sir.
16 We will close both those public hearings.
17 We're withdrawing -128.
18 MR. HOLT: Move to withdraw.
19 DR. GAFFNEY: Second.
20 THE CHAIRMAN: Any discussion?
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 DR. GAFFNEY: (Votes yea.)
2 MR. BROWN: (Votes yea.)
3 MR. HOLT: (Votes yea.)
4 MR. REDMAN: (Votes yea.)
5 (Committee ballot closed.)
6 THE CHAIRMAN: Close the ballot and record
7 the vote.
8 MS. LAHMEUR: Five yeas, zero nays.
9 THE CHAIRMAN: By your action, you have
10 withdrawn -128.
11 Top of page 17, -129.
12 MR. HOLT: Move to withdraw.
13 DR. GAFFNEY: Second.
14 THE CHAIRMAN: It's been moved and seconded
15 to withdraw.
16 Any discussion on the withdrawal?
17 COMMITTEE MEMBERS: (No response.)
18 THE CHAIRMAN: Seeing none, please open the
19 ballot.
20 (Committee ballot opened.)
21 MR. GRAHAM: (Votes yea.)
22 DR. GAFFNEY: (Votes yea.)
23 MR. BROWN: (Votes yea.)
24 MR. HOLT: (Votes yea.)
25 MR. REDMAN: (Votes yea.)
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1 (Committee ballot closed.)
2 THE CHAIRMAN: Close the ballot and record
3 the vote.
4 MS. LAHMEUR: Five yeas, zero nays.
5 THE CHAIRMAN: By your action, you have
6 withdrawn -129.
7 Thank you, sir.
8 MR. MANN: Mr. Chairman, committee,
9 thank you.
10 THE CHAIRMAN: -130 and -131, we will open
11 those two public hearings.
12 Mr. Hart again.
13 Questions only?
14 MR. HART: (Indicating.)
15 THE CHAIRMAN: Let the record indicate he
16 said yes.
17 Seeing no questions, we'll close that
18 public hearing, -130.
19 MR. HOLT: Move -130.
20 DR. GAFFNEY: Second.
21 THE CHAIRMAN: It's been moved and
22 seconded.
23 Any discussion on the bill?
24 COMMITTEE MEMBERS: (No response.)
25 THE CHAIRMAN: Seeing none, please open the
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1 ballot.
2 (Committee ballot opened.)
3 MR. GRAHAM: (Votes yea.)
4 DR. GAFFNEY: (Votes yea.)
5 MR. BROWN: (Votes yea.)
6 MR. HOLT: (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: Five yeas, zero nays.
12 THE CHAIRMAN: By your action, you have
13 approved -130.
14 How about -131?
15 MR. HOLT: Move -131.
16 DR. GAFFNEY: Second.
17 THE CHAIRMAN: It'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 DR. GAFFNEY: (Votes yea.)
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1 MR. BROWN: (Votes yea.)
2 MR. HOLT: (Votes yea.)
3 MR. REDMAN: (Votes yea.)
4 (Committee ballot closed.)
5 THE CHAIRMAN: Close the ballot and record
6 the vote.
7 MS. LAHMEUR: Five yeas, zero nays.
8 THE CHAIRMAN: By your action, you have
9 approved -131.
10 -132 and -133, we'll open those public
11 hearings.
12 Mr. Hart again for questions only, let the
13 record indicate.
14 Seeing no questions, we'll close that
15 public hearing, -132.
16 MR. HOLT: Move -132.
17 DR. GAFFNEY: Second.
18 THE CHAIRMAN: It's been moved and
19 seconded.
20 Any further discussion on -132?
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 DR. GAFFNEY: (Votes yea.)
2 MR. BROWN: (Votes yea.)
3 MR. HOLT: (Votes yea.)
4 MR. REDMAN: (Votes yea.)
5 (Committee ballot closed.)
6 THE CHAIRMAN: Close the ballot and record
7 the vote.
8 MS. LAHMEUR: Five yeas, zero nays.
9 THE CHAIRMAN: By your action, you have
10 approved -132.
11 Top of page 18. -133.
12 MR. HOLT: Move the amendment.
13 DR. GAFFNEY: Second.
14 THE CHAIRMAN: It's been moved and
15 seconded.
16 Can we hear the amendment, please.
17 MR. CROFTS: Yes, sir.
18 Item -133.
19 Condition number 1, "The developer shall be
20 subject to the original legal description dated
21 December 16th, 2008."
22 Number 2, "The developer shall be subject
23 to the original written description dated
24 January 20th, 2009."
25 Number 3, "The developer shall be subject
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1 to the original site plan dated December 15th,
2 2008."
3 Fourth and finally, "The required
4 transportation improvements shall be made in
5 accordance with the Development Services
6 memorandum dated January 30th, 2009, and the
7 Transportation Planning memorandum dated
8 February 12th, 2009, or as otherwise approved by
9 the Planning and Development Department."
10 That's it.
11 THE CHAIRMAN: Mr. Hart.
12 MR. HART: (Indicating.)
13 THE CHAIRMAN: Let the record indicate he
14 is fine with those.
15 All in favor of the amendment say aye.
16 COMMITTEE MEMBERS: Aye.
17 THE CHAIRMAN: Those opposed.
18 COMMITTEE MEMBERS: (No response.)
19 THE CHAIRMAN: By your action, you've
20 approved the amendment.
21 MR. HOLT: Move the bill as amended.
22 DR. GAFFNEY: Second.
23 THE CHAIRMAN: The bill's been moved and
24 seconded as amended.
25 Any discussion on the bill?
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1 COMMITTEE MEMBERS: (No response.)
2 THE CHAIRMAN: Seeing none, please open the
3 ballot.
4 (Committee ballot opened.)
5 MR. GRAHAM: (Votes yea.)
6 DR. GAFFNEY: (Votes yea.)
7 MR. BROWN: (Votes yea.)
8 MR. HOLT: (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: Five yeas, zero nays.
14 THE CHAIRMAN: By your action, you have
15 approved -133 as amended.
16 -134 and -135, we'll open that public
17 hearing.
18 (Mr. Duggan approaches the podium.)
19 THE CHAIRMAN: Mr. Duggan.
20 MR. DUGGAN: Wyman Duggan, 1301 Riverplace
21 Boulevard.
22 I'm available for questions.
23 THE CHAIRMAN: You too are a good man, sir.
24 We will close both those public hearings.
25 -134.
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1 MR. HOLT: Move the bill.
2 DR. GAFFNEY: Second.
3 THE CHAIRMAN: It's been moved and
4 seconded.
5 Seeing no discussion, please open the
6 ballot.
7 (Committee ballot opened.)
8 MR. GRAHAM: (Votes yea.)
9 DR. GAFFNEY: (Votes yea.)
10 MR. BROWN: (Votes yea.)
11 MR. HOLT: (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: Five yeas, zero nays.
17 THE CHAIRMAN: By your action, you've
18 approved -134.
19 -135.
20 MR. HOLT: Move the amendment.
21 DR. GAFFNEY: Second.
22 THE CHAIRMAN: It's been moved and
23 seconded, the amendment.
24 Can we hear the amendment, please.
25 MR. CROFTS: Yes. The amendment is as
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1 follows:
2 "The development shall be subject to the
3 original legal description dated December 1st,
4 2008."
5 Number 2, "The development shall be subject
6 to the original written description dated
7 December 18th, 2008."
8 Number 3, "The development shall be subject
9 to the original site plan dated November 25th,
10 2008."
11 Fourth and finally, "The required
12 transportation improvements shall be made in
13 accordance with the Development Services
14 memorandum dated January 30th, 2009, and the
15 Transportation Planning section memorandum dated
16 February 12th, 2009, or as otherwise approved by
17 the Planning and Development Department."
18 Thank you.
19 THE CHAIRMAN: Mr. Duggan, are you okay
20 with those amendments?
21 MR. DUGGAN: Yes, Mr. Chairman, I am.
22 I want to remind Councilman Brown that we
23 met to discuss this on January 16th.
24 MR. BROWN: (Inaudible.)
25 THE CHAIRMAN: Mic.
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1 MR. BROWN: I need to declare ex-parte
2 communication for -- January 16th?
3 MR. DUGGAN: Yes, sir.
4 MR. BROWN: Right.
5 Thank you.
6 THE CHAIRMAN: Okay. All in favor of the
7 amendment say aye.
8 COMMITTEE MEMBERS: Aye.
9 THE CHAIRMAN: Those opposed.
10 COMMITTEE MEMBERS: (No response.)
11 THE CHAIRMAN: By your action, you approved
12 the amendment.
13 MR. HOLT: Move the bill as amended.
14 DR. GAFFNEY: Second.
15 THE CHAIRMAN: The bill's been moved and
16 seconded as amended.
17 Any further discussion on the bill?
18 COMMITTEE MEMBERS: (No response.)
19 THE CHAIRMAN: Seeing none, please open the
20 ballot.
21 (Committee ballot opened.)
22 MR. GRAHAM: (Votes yea.)
23 DR. GAFFNEY: (Votes yea.)
24 MR. BROWN: (Votes yea.)
25 MR. HOLT: (Votes yea.)
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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: Five yeas, zero nays.
6 THE CHAIRMAN: By your action, you've
7 approved -135 as amended.
8 Thank you, sir.
9 MR. DUGGAN: Thank you.
10 THE CHAIRMAN: Thank you, sir.
11 -136 and -137. We will open both those
12 public hearings.
13 We have Ms. Hipps.
14 (Ms. Hipps approaches the podium.)
15 THE CHAIRMAN: Welcome back to the podium,
16 Ms. Hipps.
17 MS. HIPPS: Thank you.
18 Alberta Hipps, 1650 Margaret Street, 32204.
19 THE CHAIRMAN: Here for questions only?
20 MS. HIPPS: Yes, on the land use.
21 THE CHAIRMAN: You are a good woman.
22 Seeing no questions, we will close the
23 public hearing on -136.
24 MR. HOLT: Move -136.
25 DR. GAFFNEY: Second.
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1 THE CHAIRMAN: It's been moved and
2 seconded.
3 Any discussion on the bill?
4 COMMITTEE MEMBERS: (No response.)
5 THE CHAIRMAN: Seeing none, please open the
6 ballot.
7 (Committee ballot opened.)
8 MR. GRAHAM: (Votes yea.)
9 DR. GAFFNEY: (Votes yea.)
10 MR. BROWN: (Votes yea.)
11 MR. HOLT: (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: Five yeas, zero nays.
17 THE CHAIRMAN: By your action, you've
18 approved -136.
19 Top of page 19, -137. Ms. Hipps.
20 MS. HIPPS: Mr. Chairman, I request,
21 respectfully, to defer this for one cycle.
22 I've checked with the councilwoman's office
23 and informed her that there's really no issue
24 except that -- the time frame of working out
25 some community enhancements to make sure that
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1 the community is happy, which they are, but I
2 want to have two more weeks to do that.
3 THE CHAIRMAN: Sounds good.
4 Seeing that, we will continue that public
5 hearing and take no further action.
6 MS. HIPPS: Thank you.
7 THE CHAIRMAN: Thank you, ma'am.
8 -138 and -139, we'll open those public
9 hearings.
10 (Mr. Kravitz approaches the podium.)
11 THE CHAIRMAN: We have Dick Kravitz, for
12 questions only, sir?
13 MR. KRAVITZ: Yes.
14 Dick Kravitz, 1650 Margaret Street, for the
15 applicant.
16 Questions only.
17 THE CHAIRMAN: You're a good man.
18 Seeing no questions, we'll close both those
19 public hearings.
20 -138.
21 MR. HOLT: Move the bill.
22 DR. GAFFNEY: Second.
23 THE CHAIRMAN: It's been moved and
24 seconded.
25 Any discussion on the bill?
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1 COMMITTEE MEMBERS: (No response.)
2 THE CHAIRMAN: Seeing none, please open the
3 ballot.
4 (Committee ballot opened.)
5 MR. GRAHAM: (Votes yea.)
6 DR. GAFFNEY: (Votes yea.)
7 MR. BROWN: (Votes yea.)
8 MR. HOLT: (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: Five yeas, zero nays.
14 THE CHAIRMAN: By your action, you've
15 approved -138.
16 How about -139?
17 MR. HOLT: Move the bill.
18 DR. GAFFNEY: Second.
19 THE CHAIRMAN: It's been moved and
20 seconded.
21 Any discussion on the bill?
22 COMMITTEE MEMBERS: (No response.)
23 THE CHAIRMAN: Seeing none, please open the
24 ballot.
25 (Committee ballot opened.)
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1 MR. GRAHAM: (Votes yea.)
2 DR. GAFFNEY: (Votes yea.)
3 MR. BROWN: (Votes yea.)
4 MR. HOLT: (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: Five yeas, zero nays.
10 THE CHAIRMAN: By your action, you have
11 approved -139.
12 MR. KRAVITZ: Thank you.
13 THE CHAIRMAN: Thank you, sir.
14 -140 and -141, we'll open those public
15 hearings.
16 Dan Boswell, he's a good man. Questions
17 only.
18 Seeing no questions, we will close those
19 public hearings.
20 -140.
21 MR. HOLT: Move the bill.
22 DR. GAFFNEY: Second.
23 THE CHAIRMAN: It's been moved and
24 seconded.
25 Any discussion?
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1 COMMITTEE MEMBERS: (No response.)
2 THE CHAIRMAN: Seeing none, please open the
3 ballot.
4 (Committee ballot opened.)
5 MR. GRAHAM: (Votes yea.)
6 DR. GAFFNEY: (Votes yea.)
7 MR. BROWN: (Votes yea.)
8 MR. HOLT: (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: Five yeas, zero nays.
14 THE CHAIRMAN: By your action, you have
15 approved -140.
16 How about -141?
17 MR. HOLT: Move the amendment.
18 DR. GAFFNEY: Second.
19 THE CHAIRMAN: The amendment's been moved
20 and seconded.
21 Can we hear the amendment.
22 MR. CROFTS: Yes, Mr. Chairman.
23 The amendment is as follows:
24 "The development shall be subject to the
25 original legal description dated October 23rd,
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1 2008."
2 Number 2, "The development shall be subject
3 to the original written description dated
4 October 23rd, 2008."
5 Number 3, "The development shall be subject
6 to the original site plan dated October 23rd,
7 2008."
8 Number 4, "The development shall be subject
9 to the review and approval of the Development
10 Services memorandum pursuant to the memorandum
11 dated January 30th, 2009, or as otherwise
12 approved by FDOT and the Planning and
13 Development Department."
14 Fifth and finally, "No educational facility
15 of a public or private school, with the
16 exception of an aviation school facility, shall
17 be permitted."
18 Thank you.
19 THE CHAIRMAN: So you're going to open an
20 airport, huh?
21 MR. BOSWELL: I was thinking about it.
22 THE CHAIRMAN: Are you okay with those
23 conditions?
24 MR. BOSWELL: Yes, I am.
25 THE CHAIRMAN: Thank you, sir.
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1 All in favor of the amendment say aye.
2 COMMITTEE MEMBERS: Aye.
3 THE CHAIRMAN: Those opposed.
4 COMMITTEE MEMBERS: (No response.)
5 THE CHAIRMAN: By your action, you've
6 approved the amendment.
7 MR. HOLT: Move the bill as amended.
8 DR. GAFFNEY: Second.
9 THE CHAIRMAN: The bill's been moved and
10 seconded as amended.
11 Any discussion on the bill?
12 COMMITTEE MEMBERS: (No response.)
13 THE CHAIRMAN: Seeing none, please open the
14 ballot.
15 (Committee ballot opened.)
16 MR. GRAHAM: (Votes yea.)
17 DR. GAFFNEY: (Votes yea.)
18 MR. BROWN: (Votes yea.)
19 MR. HOLT: (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: Five yeas, zero nays.
25 THE CHAIRMAN: By your action, you have
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1 approved -141 as amended.
2 -142 and -143, we'll open that public
3 hearing.
4 Mr. Brown.
5 MR. BROWN: Okay. I need to declare
6 ex-parte communication. I had a conversation
7 today with Susan McDonald regarding rezoning
8 Duval Road and Armsdale.
9 THE CHAIRMAN: Okay. My first speaker is
10 Pastor Gundy.
11 AUDIENCE MEMBER: Can I defer to them first
12 or do I have to go?
13 THE CHAIRMAN: Well, I had your card
14 first.
15 (Audience member approaches the podium.)
16 AUDIENCE MEMBER: My name is Pastor Gundy,
17 2783 Armsdale Road.
18 For the record, I would like to submit this
19 to the committee chair for evidence in what I'm
20 discussing as relates to this.
21 For the life of me, I do not understand
22 some of the decisions we make in the name of
23 progress. It is acceptable [sic] that is a
24 general fact that economic development,
25 professional, and municipal offices that real
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1 estate development will enhance economic base of
2 the community and expand the tax base.
3 I'd like to wait until they -- I can't -- I
4 can't really hear me or hear them.
5 THE CHAIRMAN: If you guys are working on
6 something, can you guys take that into the
7 Green Room, Mr. Crofts?
8 MR. CROFTS: I'm sorry.
9 THE CHAIRMAN: That's all right.
10 Reverend.
11 PASTOR GUNDY: Can I get -- get my time?
12 Anyway, but the conflict does occur between
13 the two. However, the tax base expansion
14 focuses primarily on maintaining and enhancing
15 real estate values to maintain and build or tax
16 revenue, but conflict does occur between the
17 two. For instance, new development distracts
18 from an existing component of the tax base,
19 especially warehouses. Zoning like this does
20 not properly protect existing values, which is
21 definitely significant here.
22 Sometimes in our desire to enhance our
23 community, we forget about existing tax base and
24 current infrastructures.
25 Sometimes in our desire to enhance our
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1 community, it makes blessing [sic] exist, but
2 commercial encroachment into residential
3 neighborhoods creates use and value conflicts.
4 In this case, you're talking about
5 4,000-square-foot homes that are built on
6 Armsdale, a minimum.
7 Other times we fail to properly provide
8 residential balance and zoning, which appears to
9 be the case here. The housing was a right
10 move. They originally wanted to build houses.
11 What we are -- what are the impacts on our
12 property values? What are the properly [sic]
13 buffer potentials involved based upon traffic,
14 noise, environment impact based upon
15 professional independent analysis that they
16 admitted was not done to me.
17 In conclusion, the concept of tax base
18 management is really one of the asset
19 managements, and it is not our fault that proper
20 planning did not place -- take place prior to
21 determining to rezone these to warehouses.
22 This is the beginning of the argument.
23 Request your disapproval of this zoning or
24 deferral because it's a three-part process. You
25 disapprove, they withdraw it, or we go to
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1 court.
2 I will defer my other comments until
3 -142 -- -143.
4 THE CHAIRMAN: We're actually doing a
5 public hearing on both of those right now.
6 PASTOR GUNDY: All right. Then I'll go to
7 -143.
8 The conclusion of this initial argument
9 tells us that our community planning is not
10 carefully taking place in committee. We're
11 being hoodwinked.
12 Mr. Holt, I didn't talk to you
13 intentionally this time because I wanted to come
14 here and put this out.
15 I was informed that the church and the
16 community had agreed to this project, and the
17 pastor told me they had not agreed to it. As a
18 matter of fact, he said he's willing to come by
19 here and testify in support of what we're
20 talking about in our community.
21 The JEA power lines run directly behind the
22 warehouses of our house to the south. The only
23 way we can connect -- the sewage line rather
24 runs directly behind our house, and the sewage
25 line is south of the warehouses. If I want to
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1 connect to the sewage lines that run back there,
2 the only way I can do it -- I can't do it
3 because I have to dig through buffers, I have to
4 dig through the lakes, and then I have to
5 connect to the sewer line.
6 In addition to that, our property lines are
7 within 15 feet of the proposed lake, and some of
8 our drain fields are within 25 feet of the water
9 source. Under the state law, that is supposed
10 to be not allowed.
11 The gentleman spoke about football fields.
12 A football field is 360 feet long. That
13 property to that warehouse is 670 feet, so it's
14 less than two football fields. So no matter
15 what buffer they put up there, based on the
16 rough figure I gave you last week -- my figures
17 were exact based on the scale I just saw.
18 How do you connect to that sewer line back
19 there when we want to connect -- and I really do
20 want to connect. It's high, so you got to save
21 to do that. So we got a problem with this
22 warehouse being back there with the noise.
23 And those things that I gave to the
24 committee chair, hopefully you will look at that
25 because the gentleman that I called prior to
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1 coming to this meeting saying there's a
2 definitely [sic] loss of value by moving them in
3 there and there's a definite problem with them
4 putting it in there without doing the analysis
5 that I gave you in your office last week.
6 Thank you very much.
7 THE CHAIRMAN: Thank you, sir.
8 Susan McDonald, followed by David Taylor.
9 (Ms. McDonald approaches the podium.)
10 MS. McDONALD: Good evening.
11 Susan McDonald, 1301 Riverplace Boulevard.
12 We are here on two matters, a comprehensive
13 plan change from LDR to LI and a PUD.
14 The property is located south of I-95 and
15 it's bisected by Duval Road. The property at
16 the southern end is buffered by a 250-foot LDR
17 area, which includes a -- which abuts the
18 residential lots that Reverend Gundy was
19 referring to.
20 Within that 250-foot LDR buffer, there is
21 approximately 15 feet of vegetation, then a
22 6-foot berm, on top of which is a -- or shrubs
23 about 4 foot tall, and in addition to that trees
24 of a 3-inch caliper, which total approximately
25 20 feet.
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1 Beyond that buffer and berm is about
2 230 feet of drainage ponds and wetlands. Beyond
3 that is a 250-foot power line easement, which
4 consists of about three power line strands about
5 100 feet in the air.
6 Beyond that, before we get to the
7 buildings, would be the entrance road, and then
8 the parking lot, then vegetation.
9 So there would be a minimum of about
10 650 feet between these residential lots and the
11 industrial development.
12 To the east of Duval Road there will be no
13 industrial. That will be commercial or office.
14 So the industrial is only on the west side of
15 Duval Road.
16 The issue of the drainage pond, we will
17 certainly be guided by regulations,
18 Water Management District requirements, City
19 code requirements, and so forth. There will be
20 no intrusion into anybody's drain field by the
21 ponds. They haven't been engineered yet. And
22 when they are, of course, the engineers will
23 have to go out there and make certain that
24 there's no intrusion. And, of course, that will
25 be required and that will be something that we
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1 will, of course, abide by.
2 There was a concern about visibility. Our
3 engineer will demonstrate shortly that the
4 buildings will not be visible from the back of
5 these properties.
6 The access will be by Duval Road, not
7 Armsdale Road. All traffic will be directed
8 away from Armsdale Road.
9 We will be abiding by lighting and noise
10 requirements of the City. They are carefully
11 written into the PUD criteria.
12 The project has concurrency, no fair share
13 agreement. There's a capacity out there for
14 it.
15 The Planning Department has stated that the
16 property is ideal for the industrial and
17 business park uses. We've got a unanimous vote
18 out of the Planning Commission, support twice by
19 the North CPAC, and we would ask that you
20 support both of these applications.
21 At this time, Mr. Herzberg would speak on
22 the suitability of the industrial site and the
23 compatibility issues.
24 THE CHAIRMAN: Mr. Herzberg, I don't have a
25 card on you, so if you can fill one out when
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1 you're done.
2 MR. HERZBERG: (Tenders speaker card.)
3 THE CHAIRMAN: Thank you, sir.
4 MR. HERZBERG: Mr. Chairman, my name is
5 Mike Herzberg. My address is 4071 Cove
6 St. Johns, Jacksonville, Florida 32277.
7 Quite simply, gentlemen, the department has
8 done an excellent job of summarizing the
9 situation.
10 I point to a couple of things that the
11 department reiterates over and over in the land
12 use amendment as well as in the PUD rezoning
13 report. It talks about the attempt to create
14 the transitional uses moving from the more
15 densely residential areas further south on
16 Armsdale to the lots that the earlier speaker
17 spoke of.
18 Take a quick look at those. And if you
19 have the opportunity, looking at your property
20 appraiser data in front of you, you'll see that
21 those are actually 350-foot-deep lots. So what
22 you've got is -- further to the south along
23 Armsdale you actually have residential
24 subdivisions of the standard lot sizes, the 60s,
25 the 70s, and the like.
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1 As you transition north, going up towards
2 the 295 belt, you meet these lots along
3 Armsdale, again, being 125 feet wide, 350 feet
4 deep. So the lots themselves are extremely deep
5 lots. As a matter of fact, most of the houses
6 you'll see don't sit back further than about
7 160 feet from Armsdale. So even in their own
8 backyards, these folks have somewhere between
9 150 to 200 feet of space in their own backyard
10 before you begin the 500 feet of separation that
11 will be afforded through the planned unit
12 development proposed in this situation.
13 Again, the pond and power lines, perfect
14 transitions. You don't want to put residential
15 subdivisions into these areas adjacent to these
16 power lines. This is an opportunity to use both
17 natural and/or man-made features to create those
18 logical transitions as you move from those
19 residential neighborhoods up towards a major
20 roadway.
21 As a matter of fact, the department uses
22 the terms several times in the land use report,
23 Goal 1, Goal 3, and Objective 3.2. These are
24 attempts to achieve organized combinations of
25 residential and nonresidential areas using
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1 efficient roadway transportation networks while
2 providing for the protection of the fabric of
3 the communities.
4 I would attest that there is really, bar
5 none, a situation where 500 feet of separation
6 has been afforded between industrial warehouse
7 or business park uses and residential lots.
8 Again, the residential transition that
9 occurs to the south of this property only
10 further plays to the opportunity to create those
11 transitions that we typically, as planners, try
12 and do in the land use fabric.
13 I think this meets every criteria of the
14 Planning and Development Department's report, as
15 you can see in your own copies. I would claim
16 that it is, in fact, transitional land use and
17 transitional zoning, which should be supported,
18 especially in this proximity to the airport.
19 You have the 150-foot height limitation of the
20 Jacksonville International Airport, and air
21 operations do go around, over this area. Again,
22 another reason why this should be a business
23 park/industrial light type use as opposed to
24 that of a residential community.
25 I'll stand by to answer any questions.
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1 Thank you.
2 THE CHAIRMAN: Thank you, sir.
3 Next is Dave Taylor.
4 (Audience member approaches the podium.)
5 AUDIENCE MEMBER: David Taylor, 8375
6 Dix Ellis Trail, Jacksonville, Florida.
7 I have some handouts I would like to pass
8 around.
9 While you are looking at those, I would
10 like to just address one item that Mr. Gundy
11 addressed or talked about, was the sewer line
12 concern. We've had some discussions with JEA on
13 that sewer line.
14 The sewer line that runs through the
15 transmission line right now is a dry line. That
16 is a regional sewer line. Private homes will
17 not be allowed to connect to that. They would
18 be required to connect to a private lift station
19 or a JEA lift station.
20 That lift station would have to discharge
21 into that force main. The pressures are
22 extremely high, so there would be no direct
23 access by JEA from those lots. They couldn't
24 afford it and they wouldn't allow it.
25 Otherwise -- and JEA has reviewed these
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1 plans. We've had meetings with them. They've
2 at no time addressed any concerns of access to
3 their utilities from these lots.
4 And also too he mentioned the septic system
5 and Susan talked about the septic system. The
6 ponds, when they are designed, they will be
7 designed to meet the current and local, state
8 guidelines, so there will be no impact on the
9 residential septic systems.
10 Also, in front of you -- one thing that we
11 were asked to do was to evaluate the visual
12 impact of the buildings. The building height is
13 set at a maximum of 45 feet. The distance is
14 about 615 feet, according to the site plan that
15 we have. I calculated -- if a person was 6-foot
16 tall, standing in the middle of the 350-foot
17 lot, the buffer that would be required would be
18 about 15-and-a-half feet.
19 Currently, there's ten foot of pine trees,
20 so it's kind of hit or miss. The majority --
21 it's probably 80 percent coverage along the back
22 of these lots with pine trees. They're probably
23 at least 30 to 40 feet tall.
24 And also Susan mentioned that we are
25 proposing a 6-foot berm with a 48-inch --
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1 probably a viburnum, which is a fairly rapid
2 growing shrub, as well as a shade tree that's
3 probably 12 feet. So there's going to be at
4 least probably, you know, a 20-foot-high berm
5 behind the pine tree. So we've calculated that
6 you will not be able to see the buildings with
7 the berm.
8 The other sketch was just kind of a
9 reiteration of what Susan talked about, the
10 buffer, the trees, and the storm water pond, and
11 the JEA power lines. Again, these power lines
12 are probably 100 to 150 feet that you're going
13 to be looking at. You're going to see the power
14 lines; you're not going to see the buildings.
15 THE CHAIRMAN: Thank you, sir.
16 Next, Leigh Broward.
17 (Audience member approaches the podium.)
18 AUDIENCE MEMBER: Leigh Broward, 1229
19 Forest Oak Drive.
20 I have wonderful people to discuss the
21 actual land plan issues, the engineering.
22 My family has been the owner of the
23 property for some extraordinarily long period of
24 time. My father died when I was very young. I
25 had a child in 1977, and the trust is in her
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1 name, that you see on the application, the
2 larger of the two pieces.
3 My sister died, and the rest of it is in
4 her name. So that's the trust issue you see
5 there, the children.
6 I can attest with all my heart and all my
7 soul that the current zoning does not work. I
8 appreciate the eloquence -- Mr. Gundy has said
9 that, but the current use -- Mr. Matt (phonetic)
10 helped me in the late '90s to get that to be a
11 400-some-odd unit residential development.
12 Currently, it's laid out for two rows of
13 60-by-100-foot lots behind those houses. My
14 mother wanted to go that way.
15 The district councilperson, at that time,
16 tried to get us to make it industrial because of
17 the proximity to 295 and all. Because of the
18 power line, because of I-295 -- I've tried
19 everything I can. That is not a residential
20 parcel, as we discussed what could happen
21 today. I have bled, sweat, and everything else
22 trying to make that houses, and it just does not
23 work, I can guarantee you that.
24 I appreciate all the concerns. We have
25 gone through all the processes with all the
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1 speakers you're hearing. In fact, we did just
2 raise the berm and change it eight feet wider
3 and two feet taller at the Planning Commission
4 meeting last week. We have met with the staff
5 on a very regular basis, the Planning
6 Commission. You'll hear the conditions. We've
7 agreed to everything we've been asked at all
8 these meetings, and I would just respectfully
9 ask you to consider this.
10 Thank you.
11 THE CHAIRMAN: Thank you, sir.
12 Mr. Mann.
13 (Mr. Mann approaches the podium.)
14 MR. MANN: Mr. Chairman, members of the
15 committee, in summation, I'd like to point out
16 that we've worked very diligently with the area
17 councilman, the Planning Department in trying to
18 address issues that would arise.
19 This item has been around for about nine
20 months. It's been through a transmittal round
21 to DCA in Tallahassee; it went before the
22 Northside CPAC; it went before the Planning
23 Department, with their -- both had their
24 approval. The Planning Commission, the LUZ, the
25 Council, it has come back now. It's been back
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1 before the Northside CPAC, it's been back before
2 the Planning Commission, and it still has the
3 Planning Department's support.
4 We have tried to anticipate the issues that
5 may come up. At one time, we had an access out
6 to Armsdale. That has been closed off. There
7 will be no vehicular access from this property
8 to Armsdale, again, trying to be considerate of
9 our neighbors on Armsdale.
10 At great expense, we acquired a secondary
11 piece of property, that the Broward family did
12 not own, that went out to Duval Road.
13 The natural traffic pattern for this is
14 going to be from 295 and Duval Road south to the
15 site and north on Duval Road to 295 from the
16 site. That is a natural travel pattern.
17 We have concurrency for this. We do not
18 have a fair share agreement. We have
19 concurrency for it. We're vested with
20 concurrency on this site.
21 Our traps [sic] on this road will not
22 affect the traffic, the concurrency on it.
23 Reverend Gundy raised several issues. One,
24 he raised the septic tanks and septic fields.
25 This is covered by City statutes. It's also
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1 covered by St. Johns Water Management District.
2 We're going to have to meet the criteria of both
3 agencies when we design our ponds. We're not
4 going to be able to affect his septic tank or
5 his drain field.
6 He raised the issue of being able to tap
7 into the sewer. What he did not tell you was he
8 would have to cross 250 feet of somebody else's
9 property to tap into a 24-inch force main. He
10 cannot tap into a 24-inch force main with a
11 gravity feed sewer. He would actually have to
12 build a lift station. And to go into a pipe
13 that large with that much pressure, it would
14 probably be several hundred thousand dollars to
15 build a lift station to accommodate that.
16 Reverend Gundy talked about noise. That's
17 covered by the City noise statute.
18 He's talked about light. That's covered by
19 the City light statute.
20 We've talked about visibility. Our
21 engineer addressed that with a sight line
22 drawing for your consideration.
23 We would ask that you give us the
24 consideration and the support of your
25 professional planners at the Planning Department
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1 and support this application.
2 And, in closing, I'd like to paraphrase
3 what the Planning Department said in their
4 report. They said, that while this is not in
5 the industrial preservation area, it is an ideal
6 site for industrial, business development, or
7 business park development due to its proximity
8 to 295 and the interstate.
9 And, with that, I'd like to close and ask
10 your support.
11 Thank you very much.
12 THE CHAIRMAN: Thank you, sir.
13 Seeing no further speakers, we'll close
14 that public hearing.
15 We have -142. There's no amendment on that
16 land use, is there? No.
17 MR. HOLT: Move the bill.
18 DR. GAFFNEY: Second.
19 THE CHAIRMAN: The bill's been moved and
20 seconded.
21 MR. CRESCIMBENI: Mr. Chairman.
22 THE CHAIRMAN: Yes, sir.
23 MR. CRESCIMBENI: Can you yield to a
24 question --
25 THE CHAIRMAN: Sure.
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
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1 MR. CRESCIMBENI: Mr. Mann, could you hold
2 that poster back up?
3 MR. MANN: Yes, Mr. Crescimbeni.
4 (Complies.)
5 MR. CRESCIMBENI: Have you ever given any
6 consideration to being featured in an AT&T
7 commercial?
8 MR. MANN: I'm sorry, sir?
9 THE CHAIRMAN: Five bars?
10 MR. MANN: I didn't hear the --
11 MR. CRESCIMBENI: It was just a -- a
12 humorous comment.
13 Thank you.
14 MR. MANN: One of those many shots you have
15 taken at me through the years.
16 (Discussion held off the record.)
17 THE CHAIRMAN: Mr. Holt.
18 MR. HOLT: Thank you, Mr. Chair.
19 I'd just -- speaking to the land use, I
20 would say that probably a year ago this property
21 was brought to me with the idea that we'd do
22 some sort of light industrial, and at the time
23 the concept was to bring traffic into Armsdale.
24 And, at that time, I said, you know, this just
25 really won't work. But since that time, they, I
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1 guess, acquired additional property to bring the
2 traffic out onto Duval, and I think that was a
3 wonderful solution.
4 I would -- I'll be supporting both the land
5 use and the rezoning, and I'll speak more to the
6 rezoning when it comes to that.
7 Thank you.
8 THE CHAIRMAN: Thank you, sir.
9 Mr. Redman.
10 MR. REDMAN: Mr. Mann, did you talk with
11 Reverend Gundy or speak with him or attempt
12 to about his issues?
13 MR. MANN: Mr. Redman, we didn't know that
14 there was any issues until about ten days ago.
15 We did have a representative of one of the
16 landowners go out and talk to Reverend Gundy.
17 At that time, it was my understanding that there
18 was no real issues.
19 After the public hearing on -- last
20 Tuesday, we offered to meet with Reverend Gundy
21 and anybody, anytime, anywhere, and Reverend
22 Gundy said that would not be necessary, that he
23 would get back in touch with us with any issues
24 that he had, and we've not heard from
25 Reverend Gundy since then, sir. There was no
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1 one at the Planning Commission meeting last
2 Thursday.
3 Thank you.
4 MR. REDMAN: Thank you.
5 THE CHAIRMAN: Mr. Brown.
6 MR. BROWN: Okay. Through the Chair to
7 Planning, it was mentioned about noise analysis,
8 whether or not one was to be conducted. What's
9 the status of that?
10 MR. KELLY: Through the Chair to
11 Councilman Brown, are you referring to a
12 specific phrase in the written description or
13 what was said --
14 MR. BROWN: No. I'm sorry.
15 Through the Chair to -- actually,
16 Reverend Gundy, he mentioned that we failed to
17 conduct a noise analysis, and I just wanted to
18 get some clarity as to where we are with that.
19 And maybe, Reverend Gundy, if you would
20 like to --
21 PASTOR GUNDY: Yeah, I would like to
22 address that.
23 I gave --
24 MR. KELLY: Through the Chair --
25 PASTOR GUNDY: Excuse me.
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1 I gave Councilman Holt a scientific and
2 empirical process that needed to have taken
3 place as it relates to noise analysis and then I
4 mentioned it to them as well, and that's
5 something that I think the planning -- needs to
6 start taking into consideration when they put
7 these light industrial areas into residential
8 areas.
9 And the property value issue, nobody will
10 address that and nobody will address the noise
11 analysis, then that's why I gave the documents
12 to the chair tonight that addresses that in two
13 different ways. One, the process to analysis;
14 and two, how the research had been done in the
15 past.
16 They admitted to me last week, before the
17 City Council meeting, that they had not done
18 that noise analysis, which tells me then
19 something's wrong because it's a 24-hour
20 operation. So you're sitting in my back -- in
21 our back door with a 24-hour operation, with
22 18-wheelers coming in, backing up to the doors
23 with those noise [sic], beep, beep, beep, beep.
24 That's going to be going off.
25 Not to mention when you going in, you take
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1 the waste out and the dump -- the trucks that's
2 going to being dumping all night long.
3 So those are the things that we were
4 talking about and I asked about, so -- and they
5 still haven't present [sic] the analysis.
6 THE CHAIRMAN: Mr. Brown.
7 MR. BROWN: Okay. Through the Chair to
8 Planning now.
9 MR. KELLY: Through the Chair, I guess the
10 department's position on this is that there are,
11 I mean, noise regulations that are in place that
12 are done through the Environmental Quality,
13 Air Quality Division. So if they are intrusive
14 on the residential uses, they can be fined and
15 cited for elevated noise levels.
16 Additionally, I do want to point out, this
17 is on -- adjacent to the interstate, I-295,
18 which is 24/7, so you have an established --
19 traffic, noise that exists in the area.
20 Additionally, we feel that the berming and
21 screening and vegetation that's provided will
22 substantially diminish the noise and the
23 distance from the truck bays themselves and the
24 orientation of the truck bays, that they're
25 internalized to each other and they don't
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1 directly face the residential.
2 So we feel there's been a lot in terms of
3 design in the site plan and the buffers and the
4 berms to mitigate for the noise.
5 MR. BROWN: Okay. One other question to
6 Planning, through the Chair. The property
7 value, in similar projects, have we been able to
8 determine whether or not property value was
9 impacted in a negative way from these type of
10 developments?
11 MR. KELLY: Well, through the Chair, I
12 don't think you can compare one zoning of one
13 area to another zoning of another area.
14 I mean, yes, maybe there are some negative
15 effects on property values. I don't believe
16 there's any substantial, credible evidence that
17 could determine that based on this zoning
18 application.
19 As the applicant indicated, they tried to
20 go residential here and it just wasn't
21 practical, locationwise, based on the power
22 lines and based on the location adjacent to the
23 interstate for residential use.
24 It certainly makes -- in the department's
25 eyes, light industrial type of use and storage
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1 and warehouse distribution is appropriate.
2 MR. BROWN: Okay. Well, let me -- through
3 the Chair to Mr. Gundy -- Reverend Gundy now.
4 I did have a chance to quickly peruse
5 through the papers that you gave us. There was
6 a state -- a city that was identified in terms
7 of supporting your position with property value
8 decrease?
9 PASTOR GUNDY: Yes, sir, there was.
10 MR. BROWN: If you could --
11 PASTOR GUNDY: It was done up in
12 New Hampshire. We provided that, and what
13 happened is the value -- the property values do
14 go down, Mr. Holt. You told me that they
15 wouldn't go down. They do go down, and I do not
16 want my property value -- none of us want our
17 property value to go down.
18 And when he said that there would be -- he
19 said that there would be a negative impact, but
20 he's saying not substantial. So with the
21 current market that we already have and the
22 things that are taking place, all the property
23 values have changed anyway so, you know --
24 Now, put the historical -- I was probably
25 the third person to build out there, so let's
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1 put it in historical perspective. When I moved
2 out there, the gentleman who sold us the land
3 indicated that Mr. Broward said that he had no
4 intentions of building anything back there.
5 That's his business. He can build what he want
6 to. We had no problems with the housing.
7 You say you can't put it back there.
8 However, those warehouses are millions of square
9 feet when you put them all together. And you
10 know for a fact that when you put them there,
11 there's going to be a negative impact on the
12 property values. You know for a fact when you
13 put them there, there's going to be a noise
14 problem.
15 I'm just asking you -- or we're asking you,
16 do the proper analysis. And if you do that and
17 use this as a model, then maybe the rest of the
18 time we doing this in the city, the City
19 Councilman and everybody else would have a
20 better way to attest or determine whether they
21 really want to move on that.
22 So I just don't think we've done all our
23 homework.
24 MR. BROWN: And my last question, through
25 the Chair, is dealing with the neighbors, I
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1 think that -- you know, I've seen where
2 communities have concerns about a project and
3 they come out. I have not heard any discussion
4 where a community, a neighborhood meeting was
5 held so all the neighbors could talk about it.
6 I just want to find out where we are with
7 that.
8 PASTOR GUNDY: From their side or from our
9 side?
10 MR. BROWN: Well, I'll let the councilman
11 address that.
12 THE CHAIRMAN: Was that your last
13 question?
14 MR. BROWN: That's my last question.
15 THE CHAIRMAN: Mr. Holt.
16 MR. HOLT: Thank you, Mr. Chair.
17 I think one of the best ways to answer your
18 question and comparing this to other areas and
19 what has gone on in the past is to bring up the
20 Alta Lakes project from about a year or so ago.
21 Mr. Graham, Mr. Gaffney, and Mr. Redman will
22 remember that one, which was quite contentious
23 because when it started off the traffic was
24 going to be on the road, right in front of
25 people's houses. That would be akin to putting
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1 the traffic right in -- onto Armsdale.
2 I fought that one until they removed the
3 traffic from that area. And eventually we
4 increased buffering to, I think, up to about
5 300 feet, which is still quite a bit less than
6 what we're buffering here. And that's out in
7 the Oceanway area. We ultimately ended up with
8 a similar type of landscaping, buffering, but
9 the distance wasn't even close to what they're
10 giving here.
11 One of the things that we looked into
12 extensively, talking about property values, is
13 comparing -- it was a similar circumstance,
14 previously zoned for residential, going to light
15 industrial. And one of the things that made me
16 support it was the fact that the property would
17 no longer be putting children in the schools,
18 overburdening our schools, would no longer be
19 burdening our police or fire, it would really be
20 a better neighbor in that way, and at the same
21 time -- particularly with this one, you've got
22 615 feet between the property line of the
23 residential on Armsdale and the closest
24 building. You're not going to see it; you're
25 not going to hear it. It sounds like a great
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1 neighbor to me.
2 If I had something like that neighboring
3 me, I think it would be much better than some
4 residential that burdens our systems.
5 So, again, that's my thinking in supporting
6 this, and I'd love to hear anyone else's opinion
7 if they have another take on it.
8 THE CHAIRMAN: Okay. We are on the land
9 use. We have closed the public hearing.
10 Can I get a motion?
11 MR. HOLT: Move the bill.
12 DR. GAFFNEY: Second.
13 THE CHAIRMAN: It's been moved and
14 seconded.
15 Any further discussion on -142?
16 COMMITTEE MEMBERS: (No response.)
17 THE CHAIRMAN: Seeing none, please open the
18 ballot.
19 (Committee ballot opened.)
20 (Committee ballot opened.)
21 MR. GRAHAM: (Votes yea.)
22 MR. BROWN: (Votes nay.)
23 DR. GAFFNEY: (Votes nay.)
24 MR. HOLT: (Votes yea.)
25 MR. REDMAN: (Votes yea.)
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
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1 (Committee ballot closed.)
2 THE CHAIRMAN: Close the ballot and record
3 the vote.
4 MS. LAHMEUR: Three yea, two nay.
5 THE CHAIRMAN: Three yea, two nay.
6 That means it fails because you need four
7 to come out of committee.
8 MS. ELLER: It's automatically deferred.
9 THE CHAIRMAN: So we are automatically
10 deferred.
11 Ms. Eller.
12 MS. ELLER: Mr. Chairman, if you'd like to
13 reopen that public hearing. However, per the
14 council rules, if you don't have a concurrence
15 of four members, it's not voted out of
16 committee. It doesn't preclude a request from
17 the applicant for discharge on Tuesday night,
18 but for now it remains in committee.
19 And if you'd like to open and continue that
20 public hearing, we can. If it does not get
21 discharged, then it is -- would have to be
22 transferred to another transmittal series,
23 probably beginning again in November.
24 THE CHAIRMAN: Okay. We will reopen that
25 public hearing.
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1 The question I have is, since we didn't
2 pass the land use, we can't pass the zoning; is
3 that correct?
4 MS. ELLER: Correct.
5 THE CHAIRMAN: So we're just going to
6 defer --
7 MS. ELLER: Open and continue.
8 THE CHAIRMAN: -- open and continue the
9 rezoning.
10 MR. MANN: Mr. Chairman --
11 THE CHAIRMAN: Mr. Mann.
12 MR. MANN: -- may I suggest a compromise?
13 THE CHAIRMAN: Sure.
14 MR. MANN: It seems like the noise issue
15 seems to be a sticking point to y'all.
16 First off, we were not required to do a
17 noise study. We felt like the City's noise
18 ordinance had already done the study and would
19 be enforceable against the site.
20 We're -- you know, we're governed by that.
21 We can be fined. We can be closed down. We can
22 be shut down. But, again, trying to be a good
23 neighbor, I'd like to throw out a possible
24 compromise.
25 Again, we cannot do anything about the
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1 trucks backing up. That is a safety feature.
2 That is OSHA. That's federal. That cannot be
3 addressed, but what we can do is put a covenant
4 or make this as a condition of the application,
5 that there will be no outside speakers from
6 8 p.m. to 9 a.m., and that when they're building
7 this project that all construction will not be
8 allowed during those same hour periods. Again,
9 trying to be a good neighbor and trying not to
10 impose upon Reverend Gundy's quality of life
11 there.
12 He talked about the quality -- the economic
13 impact of this. You know, you had some very
14 nice homes at Alta Lake and you put an
15 industrial project within 200 feet of those
16 properties. And I believe that was the
17 200 feet -- Mr. Holt, you probably remember that
18 better than I do. You had another project over
19 on Lem Turner, and you did a 200-foot distance
20 separation between the industrial project and
21 the residential. This is 600 feet. That's
22 three times as much.
23 We feel like we've really tried to bend
24 over backwards and meet the criteria here, and I
25 would hope that this would be a compromise and
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1 it might, you know, win your support and get us
2 out of committee tonight and before the council.
3 Thank you.
4 THE CHAIRMAN: We had two people that voted
5 against it. Either one of you guys want to --
6 MR. BROWN: Let me address --
7 THE CHAIRMAN: Sure. Mr. Brown.
8 MR. BROWN: One of the things that -- I
9 like to give opportunity to -- I think that
10 you-all did a great job in terms of your
11 presentation and a lot of concessions has been
12 made, and I'm actually partially in favor of the
13 project. However, one of the things that I
14 would like to see, to give me a little more
15 comfort -- and I'm hoping that we can bring this
16 back maybe in two weeks, if we can.
17 THE CHAIRMAN: This is it.
18 I was going to say, what you can do is you
19 can -- it sounds like you don't have a problem
20 with the land use because it's a good choice --
21 it's a good use of the land to be light
22 industrial. Your issue has to be more on the
23 zoning side, and I think some of the safeguards
24 you're looking for, you can put into the zoning.
25 MR. BROWN: Exactly. And I wanted to give,
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1 especially the neighbors, an opportunity maybe
2 to meet with the councilperson of that district,
3 and we can create a win/win if possible.
4 THE CHAIRMAN: Well, let me make a
5 suggestion.
6 We can move to reconsider the last vote and
7 vote on the land use, and we can send that
8 through because that's to go full -- with the
9 full package. And then, if you want, we can
10 talk about deferring the zoning, and then -- if
11 that works for you.
12 MR. HOLT: (Inaudible.)
13 THE CHAIRMAN: Well, actually, it's --
14 since the -- since the bill failed, it's the two
15 that voted against it because that's actually
16 the prevailing side.
17 MR. HOLT: (Inaudible.)
18 THE CHAIRMAN: Would you like to
19 reconsider?
20 MR. BROWN: Yeah.
21 I'll make a motion to reconsider because --
22 now, this is not going to -- by doing this, this
23 is not going to give the go-ahead to start the
24 project?
25 THE CHAIRMAN: That's correct.
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
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1 MR. BROWN: Okay.
2 THE CHAIRMAN: It's been moved and
3 seconded --
4 PASTOR GUNDY: I thought the public hearing
5 was back open.
6 THE CHAIRMAN: Sir, we reopened the public
7 hearing, but you've already spoke on this bill.
8 PASTOR GUNDY: But he spoke. Why can't I
9 speak?
10 THE CHAIRMAN: Well, I asked him for his
11 comments, sir.
12 MR. MANN: Just like Mr. Brown asked you --
13 PASTOR GUNDY: I got it. I got it.
14 THE CHAIRMAN: Okay. All in favor of
15 reconsideration signify by saying aye.
16 COMMITTEE MEMBERS: Aye.
17 THE CHAIRMAN: Those opposed.
18 COMMITTEE MEMBERS: (No response.)
19 THE CHAIRMAN: Okay. Now, we are on -142,
20 the land use.
21 Please open the ballot.
22 This is just the land use.
23 (Committee ballot opened.)
24 MR. GRAHAM: (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 nay.)
2 MR. HOLT: (Votes yea.)
3 MR. REDMAN: (Votes yea.)
4 (Committee ballot closed.)
5 THE CHAIRMAN: Close the ballot and record
6 the vote.
7 MS. LAHMEUR: Four yea, one nay.
8 THE CHAIRMAN: By your action, you've
9 approved -142.
10 Now, -143. I'll reopen that public hearing
11 and I'll let all parties speak again.
12 (Pastor Gundy approaches the podium.)
13 PASTOR GUNDY: I don't think it's fair,
14 Mr. Chairman, for you to open the public hearing
15 and now you want to let all parties vote and you
16 did not allow me to speak with that.
17 I think when you brought that back up --
18 the committee chair, which you have a right to
19 do, and you allow that to come back up for a
20 vote again, that that wasn't the proper way to
21 do that without hearing from both parties.
22 That's just my opinion.
23 So I'm not going to -- going to argue that
24 with you, but I think that that was the wrong
25 way to do that.
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1 Now, I do understand something about
2 protocol and I understand something about, you
3 know, procedures from that chair, and that
4 wasn't the right way to do this.
5 You allowed him to come back up. You
6 didn't allow me to speak. You convinced him
7 that you would move on -142. That's not the
8 right way to do that.
9 Once it was voted, it was voted. There was
10 no reason to bring back another amendment. Let
11 us come together, talk with him, if we got to
12 fix this up.
13 THE CHAIRMAN: Sir, do you not want to
14 speak on -143?
15 PASTOR GUNDY: I want to speak on -142 and
16 -143, but you've already voted on -142, so I
17 don't think that that's fair, Mr. Graham.
18 That's the only thing I'm saying.
19 THE CHAIRMAN: Okay.
20 PASTOR GUNDY: Now, this thing in reference
21 to him moving -- us moving on this, you took a
22 vote and said let's defer it, go back to the
23 neighborhood, come in and sit down and talk with
24 the neighborhood and see how we could fix this.
25 I told them from the beginning I was not
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1 opposed to them putting that housing in there,
2 but I was opposing them putting that light
3 industrial in there.
4 They have not properly done the procedures
5 for the noise analysis, and they have not
6 properly done all the things they were supposed
7 to do. You're going to find that out the hard
8 way, Mr. Graham, and we don't need to go through
9 that.
10 We could have ended this thing a long time
11 ago, I believe, but they didn't -- they haven't
12 been up front with everything is what I keep
13 trying to tell you that.
14 When I told you that they went to that
15 church and said that they had made a deal to
16 support this, they did not. So that tells you
17 that something was done wrong.
18 When they have not -- when his -- their own
19 attorney admitted to me, we have not done the
20 analysis. He's saying he's thinking that the
21 City noise analysis is -- it's a possibility
22 that it may not be the right thing.
23 Now, I'm very passionate about this, but
24 there's a better way to do this.
25 I'm just telling you what the attorney told
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1 me at the last City Council meeting. We have
2 not done the analysis. Mr. Holt was told that.
3 So that tells you if that was not done,
4 something need to be done.
5 What deals have been made to allow them to
6 come and do this without properly going through
7 the proper procedures is the only question we
8 have. Something is wrong. Something smells
9 here, Mr. Graham, is what I'm telling you. And
10 I'm going to get to the bottom of it ultimately,
11 I will, but I'm telling you something is wrong
12 with this process right now.
13 THE CHAIRMAN: Thank you.
14 (Mr. Mann and Ms. McDonald approach the
15 podium.)
16 THE CHAIRMAN: One at a time.
17 MS. McDONALD: Susan McDonald, 1301
18 Riverplace Boulevard.
19 Since he spoke about me and a conversation
20 we had, I wanted to just respond to that.
21 I did say that we hadn't done a noise
22 analysis because we're not required to do a
23 noise analysis. The noise issue is covered in
24 the written description of the PUD under
25 compatibility. It talks about the decibel limit
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1 that we're required to abide by. And, you know,
2 we will abide by it.
3 We've just indicated that we're willing to
4 set limitations on noise for operations and, you
5 know, we'd be willing to discuss that further
6 during the PUD negotiations, you know, if you
7 wish to defer that.
8 We'll be happy to work --
9 THE CHAIRMAN: Well, it sounds like you
10 guys were given a reprieve because rather than
11 this thing being pushed back for six months,
12 you're going to have a little while to deal with
13 the rezoning.
14 MS. McDONALD: That's right.
15 THE CHAIRMAN: So I would do whatever I
16 can -- this is only my opinion -- to see what
17 you can do about setting up a town meeting or
18 whatever you can do with Mr. Holt and
19 Mr. Brown, because it seems like there's an
20 issue there, and see if you guys can't work this
21 out.
22 MS. McDONALD: We certainly will. We're
23 willing to do that. We indicated -- I indicated
24 to Reverend Gundy that we would be willing to do
25 that.
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1 And, by the way, our representative did
2 meet with the church on the corner, and they did
3 tell him that they had no problem with the
4 zoning. So we'll address that later as well.
5 THE CHAIRMAN: Mr. Mann, did you have
6 anything to add?
7 MR. MANN: No. I believe Ms. McDonald
8 summed it up, but the only point I was going to
9 make is that there is no requirement for us to
10 do a noise analysis. That's why the City has a
11 noise ordinance that we must conform to,
12 period. If we don't, then we're shut down.
13 It's simple. We're fined. There's no way that
14 we can avoid that.
15 Thank you.
16 THE CHAIRMAN: I'm not the one you have to
17 convince.
18 Mr. Broward.
19 MR. BROWARD: Leigh Broward, 1229 Forest
20 Oak.
21 I guess the issue was raised that something
22 strange was going on. If there's anything
23 these gentlemen had been charged with --
24 "transparency" has become an overused word in
25 the last several months in our country, but this
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1 has been the most transparent process since we
2 began that anything possibly could be.
3 Representatives have gone to both churches
4 and talked with them at length. We have -- as
5 soon as something came to Mr. Holt's
6 attention -- not that Mr. Gaffney had -- had an
7 issue -- excuse me, Dr. Gaffney -- that there
8 was an issue, we sent somebody out to his church
9 to meet with him at that issue.
10 We have done everything we could to be up
11 and above board. We would be perfectly happy to
12 have the meeting with Mr. Holt [sic] office and
13 with anyone in the community. You'll notice no
14 one from the church -- no one else from the
15 community is here. We're happy to meet with
16 anyone, anywhere, and we always have been.
17 Thank you.
18 THE CHAIRMAN: Thank you, sir.
19 Mr. Holt.
20 MR. HOLT: (Inaudible.)
21 THE CHAIRMAN: I don't see four votes
22 voting it out, but we can go through the
23 exercise if you'd like.
24 MR. HOLT: Well, it's your call. You're
25 the Chair, but I would be certainly willing to
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1 move it forward by voting it down and go from
2 there.
3 But, of course, I would encourage the
4 applicant to meet with Pastor Gundy and address
5 any issues. If there is any kind of study that
6 can be done that would clarify things, that
7 would be encouraged, but I'll leave it up to you
8 if you want to --
9 THE CHAIRMAN: Unless there's something
10 that's going to go very wrong in the next two
11 weeks, then my suggestion is we'll defer this
12 thing and see if you guys can't work it out.
13 MS. McDONALD: Fine.
14 MR. HOLT: Thank you, sir.
15 THE CHAIRMAN: Okay. We will open it --
16 we'll continue that public hearing and take no
17 action on -143.
18 -144 and --
19 MR. CROFTS: Mr. Chairman.
20 THE CHAIRMAN: Yes.
21 MR. CROFTS: I'm sorry.
22 I'd like to bring your attention to item
23 2009-141, if you wouldn't mind. There was an
24 extraneous condition in there, and I'd like to
25 ask for the committee to reconsider their action
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1 on that, to take that condition out about the
2 schools and the aviation because, really, that
3 was not intended to be in there, and Mr. Boswell
4 would like for it to be taken out as well. I'd
5 like to get it moving, please.
6 THE CHAIRMAN: Can I get somebody to move
7 to reconsider -141?
8 MR. HOLT: Move to reconsider -141.
9 DR. GAFFNEY: Second.
10 THE CHAIRMAN: It's been moved and
11 seconded.
12 All in favor signify say aye.
13 COMMITTEE MEMBERS: Aye.
14 THE CHAIRMAN: Those opposed.
15 COMMITTEE MEMBERS: (No response.)
16 THE CHAIRMAN: By your action, you have
17 reconsidered.
18 Can I get someone to move the amendment?
19 MR. HOLT: Move the amendment.
20 DR. GAFFNEY: Second.
21 THE CHAIRMAN: The amendment's been moved
22 and seconded.
23 Mr. Crofts, can we hear what the new
24 amendment is?
25 MR. CROFTS: The new amendment would
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1 basically exclude the condition 5 that had to do
2 with no public or private schools with the
3 exception of aviation facilities.
4 Somehow that got in there. We did not have
5 a chance to verify that with Mr. Boswell. We
6 caught it at the last minute. And out of
7 respect to him, I respectfully ask you and the
8 committee to take that condition out.
9 THE CHAIRMAN: Can I get somebody to move
10 that amendment as stated?
11 MR. HOLT: Move the amendment as stated by
12 Mr. Crofts.
13 DR. GAFFNEY: Second.
14 THE CHAIRMAN: It's been moved and
15 seconded.
16 Mr. Boswell, are you okay with that
17 amendment now?
18 MR. BOSWELL: Yes.
19 I think the owner may want to put that
20 aircraft school in there.
21 THE CHAIRMAN: All in favor of the
22 amendment signify by saying aye.
23 COMMITTEE MEMBERS: Aye.
24 THE CHAIRMAN: Those opposed.
25 COMMITTEE MEMBERS: (No response.)
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1 THE CHAIRMAN: By your action, you approved
2 the amendment.
3 MR. HOLT: Move the bill as amended.
4 DR. GAFFNEY: Second.
5 THE CHAIRMAN: The bill's been moved and
6 seconded as amended.
7 Any further discussion on the bill?
8 COMMITTEE MEMBERS: (No response.)
9 THE CHAIRMAN: Seeing none, please open the
10 ballot.
11 (Committee ballot opened.)
12 MR. GRAHAM: (Votes yea.)
13 DR. GAFFNEY: (Votes yea.)
14 MR. BROWN: (Votes yea.)
15 MR. HOLT: (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: Five yeas, zero nays.
21 THE CHAIRMAN: By your action, you have
22 approved -141 as amended.
23 Thank you, sir.
24 MR. BOSWELL: Thank you.
25 THE CHAIRMAN: Okay. -144 and -145. Open
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1 that public hearing.
2 (Mr. Harden approaches the podium.)
3 THE CHAIRMAN: Hold on a second. I think
4 Mr. Holt wants to speak, and I'm sure he may be
5 calling you up, Mr. Harden.
6 MR. HARDEN: Okay.
7 MR. HOLT: Thank you, Mr. Chair.
8 I just thought we might be able to cut our
9 time down a little bit if we go over the
10 amendments before actually going into the public
11 hearing. Maybe some of the folks would not want
12 to speak if we go ahead and clarify all that.
13 MR. HARDEN: May I respond to that,
14 Mr. Chairman?
15 THE CHAIRMAN: Yes.
16 MR. HOLT: Yes, that would be great.
17 MR. HARDEN: In addition to the amendments
18 you're going to read -- we've been talking about
19 them, and I have another one, two, three, four,
20 five, six -- five, excuse me -- based on those
21 amendments. Neither they're going to speak and
22 I'm going to speak, and we'll just ask you to
23 move forward with the amendments.
24 Thank you.
25 THE CHAIRMAN: Did you want to read the
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1 five?
2 MR. HARDEN: Well, I was going to let him
3 read his first, then I'll --
4 MR. HOLT: Well, Ms. Eller has those.
5 THE CHAIRMAN: Ms. Eller.
6 MS. ELLER: What?
7 MR. HOLT: The previous amendments that
8 Mr. Harden had given to you were written down.
9 MS. ELLER: I don't have them.
10 MR. HARDEN: Okay. That is the amended
11 written description with the change of the uses,
12 right.
13 MR. HOLT: Okay.
14 MS. ELLER: Through the Chair to
15 Councilmember Holt, what I have is the original
16 legal description dated December 5th; the
17 revised written description that's dated
18 March 3rd, and that written description deletes
19 the uses that Mr. Harden had previously
20 identified; the original site plan dated
21 November 2008, unless there's been another
22 change; another condition regarding the approval
23 of the Development Services Division pursuant to
24 the traffic memos, and that's the traffic memo
25 from the Planning Department, Development
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1 Services Division, dated February 2nd; the FDOT
2 memo of February 18th; and then the traffic
3 engineering -- Transportation Planning memo
4 dated February 12th; then elevations and
5 building materials will be subject to the review
6 and approval by the Planning and Development
7 Department at the time of verification of
8 substantial compliance; a correction to identify
9 that the property applies to just a portion of
10 two of the RE numbers that are listed.
11 And then I'll defer to Mr. Harden if he
12 wants to explain more about the deleted uses and
13 then the additional five conditions.
14 MR. HOLT: Do you want to go through
15 starting with number 1 and go down or --
16 MR. HARDEN: If you would like that on the
17 record, that will be fine. Would you -- is that
18 what you prefer?
19 MR. HOLT: Yeah, if you've got it all --
20 MR. HARDEN: I do.
21 On the permitted uses and structures, there
22 are -- there were originally 14.
23 THE CHAIRMAN: Hold on just a second.
24 If you guys from the community, if you plan
25 on speaking, please make your way down front as
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1 we're going through this. We'd like to move
2 this as quick as possible.
3 MR. HARDEN: I don't think they're going to
4 speak after I do this --
5 THE CHAIRMAN: Okay.
6 MR. HARDEN: -- but they might want to come
7 up close so you can hear what I have to say.
8 THE CHAIRMAN: Go ahead.
9 MR. HARDEN: Okay. There were originally
10 14 permitted uses. We've deleted four of
11 those. We've deleted number 3, which is banks,
12 loan companies, mortgages. We've deleted number
13 6, which is day care centers. We've deleted
14 number 7, which is off-street parking. And
15 we've deleted number 8, which is personal
16 property storage units.
17 As regards to the first group, the retail
18 sales, we've deleted leather goods and luggage,
19 hobby shops, and office equipment.
20 As to the second one, we've deleted
21 everything except service establishments such as
22 restaurants, marinas, travel agency offices, and
23 similar uses.
24 As to the number 12, which will be the new
25 number 8 once we renumber them, it's going to
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1 say, an establishment or facility which includes
2 retail sale and service of all alcoholic
3 beverages, including liquor, beer or wine, for
4 on-premises consumption -- I'm sorry.
5 Number 12 will read, an establishment or
6 facility which includes the retail sale and
7 service of all alcoholic beverages, including
8 liquor, beer or wine, for on-premises
9 consumption and -- or off-premises consumption
10 of beer or wine only, including permanent or
11 restricted outside sale and service.
12 The rest of the uses will remain the same.
13 In addition to that, while speaking with
14 the folks on Heckscher Drive while the meeting
15 has been going on, we've made the following
16 changes to the written description or
17 additions:
18 One, liveaboards at the site are okay.
19 Mr. Vineyard wanted -- or Mr. Hainline
20 wants to limit that up to 30 days. So
21 liveaboards are okay so long as they don't stay
22 over 30 days at a time.
23 Two, that the boat repairs that are
24 allowable in the permitted use be only for
25 recreational vessels.
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1 Three, that there be no boat rail or
2 floating dry dock constructed.
3 Four, that there be a line added to the
4 light condition, that lighting shall be designed
5 so as to limit illumination to the site.
6 And then the last one is a change in the
7 signage.
8 Currently, we have two 200-foot signs
9 permitted. We are changing that to one
10 25-foot-high, 150-square-foot monument sign on
11 Heckscher Drive with the caveat that -- Robin is
12 going to check the height of the crown of the
13 bridge, and it won't exceed that. So we may, at
14 the council meeting Tuesday night, lower that
15 some, although I'm guessing 25 feet is going to
16 be the number.
17 The second one is -- the second monument
18 sign will be on the access road and it will be
19 limited to 15 feet high, 100 square feet --
20 150 square feet, excuse me, and that both of
21 those will not be internally illuminated, but
22 they may be externally illuminated.
23 Is that it?
24 AUDIENCE MEMBER: (Nods head.)
25 THE CHAIRMAN: Okay. Mr. Crescimbeni, I
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1 think, has got a question for you.
2 MR. HARDEN: All right. Is that for me?
3 THE CHAIRMAN: Yes.
4 MR. HARDEN: Okay.
5 MR. CRESCIMBENI: It may not be for you.
6 Thank you, Mr. Chairman.
7 It may be to legal or to planning. Do we
8 have a definition in the ordinance code that
9 spells out what a recreational vessel is?
10 MR. KELLY: The zoning code doesn't speak
11 to that definition by that name. I mean, a
12 recreational vehicle is an RV. There's no
13 "recreational vessel" in the code. Recreational
14 boat, I think -- that would, I think, be
15 understood, obviously, that -- be limited to
16 personal watercrafts, that sort of thing.
17 MR. CRESCIMBENI: With all due respect,
18 what's understood today often presents problems
19 two, five, ten years down the road.
20 Mr. Harden, do you have any kind of idea on
21 how you define --
22 MR. HARDEN: Robin, do you understand what
23 recreational vessel means?
24 AUDIENCE MEMBER: Noncommercial.
25 MR. CRESCIMBENI: Are vessels licensed or
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1 registered in any way through the State with a
2 commercial or recreational decal or anything? I
3 mean, I don't own a boat.
4 MR. KELLY: The other issue, I guess, that
5 comes up is if there's a potential for charter
6 fishing boats at this location, that could also
7 be considered in that vein, I guess. I don't
8 know if that's --
9 MR. HARDEN: I would consider that a
10 recreational vessel, yes.
11 Mr. Crescimbeni, just so you know what
12 we're trying to get away from is cargo vessels,
13 that sort of thing. The marina is going to
14 be -- we limit the marina to a recreational
15 vessel marina, so . . .
16 MR. HOLT: Mr. Chair, if I could just add
17 something.
18 We did include the language saying no
19 dry dock or no marine rail, and that is pretty
20 much what would be necessary for the types of
21 vessels that we're trying to eliminate. So I
22 think that language suffices, personally.
23 THE CHAIRMAN: You want a cruise ship?
24 MR. HARDEN: Do I want a cruise ship?
25 They said no, but a gambling boat would be
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1 fine.
2 THE CHAIRMAN: Okay. Let's just go ahead
3 and open the public hearing and see what
4 happens.
5 We'll open the public hearing for -144 and
6 -145. Our first speaker is Nancy O'Donnell,
7 followed by Sam Pillsbury.
8 (Audience member approaches the podium.)
9 AUDIENCE MEMBER: Thank you.
10 My name is Nancy O'Donnell, 8720 McKenna
11 Drive.
12 I live north of the site, across the
13 Sisters Creek, so I will have ingress and egress
14 past there at all times, so I'm very concerned.
15 One concern I had that I wanted to bring up
16 and hopefully highlight so that this doesn't
17 continue to be a recurring problem is we didn't
18 get -- there was no public notice for the
19 previous meeting that was -- that we had. It
20 was 2008-879, and we were very concerned about
21 that because the community people and members in
22 Heckscher Drive residences didn't get a chance
23 to speak to that and to offer our comments and
24 hopefully work with the developer to bring some
25 things about that would be better or the best
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1 that we could put together for all concerned.
2 As far as the -- I'm concerned about the
3 traffic assessment. Did we do one for that area
4 where they're going to put their entranceway?
5 This is a concern for me because that's a hazard
6 with the curve, and I just am not sure that that
7 was addressed properly or analyzed properly.
8 The signage and -- we have negotiated that,
9 but the other thing was -- I guess that's it
10 for -- for now. Others can speak to the rest.
11 Thank you.
12 THE CHAIRMAN: Thank you, ma'am.
13 Sam Pillsbury, followed by T.R. Hainline.
14 AUDIENCE MEMBER: I waive.
15 THE CHAIRMAN: Thank you, sir.
16 Mr. Hainline.
17 (Mr. Hainline approaches the podium.)
18 MR. HAINLINE: T.R. Hainline, 1301
19 Riverplace Boulevard.
20 I represent Atlantic Marine, which, of
21 course, runs a shipyard and ship repair facility
22 immediately across the creek, so our concerns --
23 because this whole area is in an industrial
24 compatibility area, our concern is that no
25 residential be part of this, and so --
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1 There have been some last-minute changes,
2 so I just want to confirm that on the land use
3 map amendment that there will remain what was in
4 the transmittal, an asterisk on the map, that
5 development is limited to -- no residential
6 dwelling units will be allowed. So that's one
7 thing.
8 And then, secondly, I know there's been
9 some changes in the PUD written description, and
10 I just want to confirm that the PUD written
11 description will continue to, as it did before,
12 prohibit residential uses on this site.
13 And, with those two confirmations,
14 Mr. Chairman, we're in support of this.
15 THE CHAIRMAN: Is that the reason why you
16 didn't want any liveaboards longer than 30
17 days?
18 MR. HAINLINE: That is correct.
19 We spoke to Mr. Harden in the back, and
20 with liveaboards being -- we understand there's
21 a security concern at the marina, so people want
22 their captains as their boats are coming through
23 and staying for a few days. We're fine with
24 that, but it is not --
25 This prohibition is designed to prohibit
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1 people from permanently residing there on their
2 boats year-round. So by limiting it to 30 days,
3 boat captains are allowed to stay there as the
4 boat is coming from the northeast down to Miami
5 or something, and it stays there for a few
6 nights, but -- and that's not a problem, but no
7 permanent liveaboard arrangements is what we
8 were after, so -- appreciate Mr. Harden working
9 with us on that.
10 So thank you.
11 THE CHAIRMAN: Thank you, sir.
12 Robin Leigh, followed by Nancy Freshweir
13 [sic].
14 AUDIENCE MEMBER: Frashuer.
15 THE CHAIRMAN: I'm sorry. It's hard to
16 read.
17 (Audience member approaches the podium.)
18 THE CHAIRMAN: Robin.
19 AUDIENCE MEMBER: I have some pictures, if
20 we could hold the clock for a second while I --
21 This was -- they were here a minute ago.
22 Sorry.
23 Robin Leigh, 6026 Heckscher Drive.
24 I'm here, along with everybody else. We
25 wish to thank Councilman Holt for his effort in
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1 trying to secure appropriate amendments and
2 conditions on this PUD to correct and protect
3 the neighborhood that we -- in which this is
4 taking place, and we -- basically, I'd like to
5 support the amendments that have been made so
6 far, and we -- you know, if this bill goes
7 forward, it should take those amendments with
8 it.
9 I also have to talk about the lack of
10 public notice, and I note that it seems to be a
11 habit of some of Mr. Harden's clients to forget
12 to put up signs, but in this particular instance
13 the mailed notices are simply ineffective. They
14 don't go to the right people, and there were no
15 signs posted on the property, so that -- a lot
16 of people who would have had an interest in this
17 don't -- didn't get to know -- find out about it
18 until -- by accident at the last minute.
19 I understand that the penalty for lack of
20 signage is at the option of the Chair to defer
21 action, and I would -- at some point, this -- I
22 would suggest that the City Council needs to
23 start to address the issue of lack of signage.
24 This is the second time on this parcel of
25 land that we've had an issue of not finding out
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1 that zoning changes are going through until the
2 last minute, and we're scrambling. We've got a
3 lot of -- we got, at the last minute, a
4 meeting. Councilman Holt was -- we were
5 fortunate that he could get the time in to get a
6 timely meeting, but we squeaked in, and at the
7 same time we don't know that we have the end of
8 all the issues.
9 There are highway safety [sic]. And in
10 this instance, if you look at the photographs
11 that I took, it shows the location of the
12 proposed intersection and the driver's eye
13 view. Coming westward over the bridge, there
14 isn't much to tell you what's coming up.
15 But we really don't know what the answer to
16 this is, and the FDOT has to be the authority on
17 it. Archaeology is possibility. We don't know,
18 we haven't had time to get into it.
19 And the inaccurate -- various versions of
20 the PUD specifications have floated around. The
21 one -- the latest one appears not to be the one
22 that's accessible online. So for a large part
23 of this time, we have not had the benefit of
24 Mr. Harden's latest version. We don't know what
25 we're talking about.
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1 And it's regrettable that we have this
2 situation, and I'm -- okay. Sorry.
3 I would ask the committee to consider the
4 lack of signage as part of the process that we
5 have to go through. It's a problem.
6 THE CHAIRMAN: Well, sir, this time I have
7 to take the blame because I made the commitment
8 at the last meeting that everybody that filled
9 out a speaker card would be contacted, and so we
10 dropped the ball. It had nothing to do with the
11 signage, but we dropped the ball as far as
12 calling all the people that spoke --
13 MR. LEIGH: I understand that, but my view
14 is that it shouldn't have been your task to do
15 this, and it should have been done up front by
16 the applicant and the proper posting of signs.
17 It's fairly clear in the zoning code that that's
18 supposed to happen. There just isn't enough of
19 a penalty for not doing it.
20 THE CHAIRMAN: I agree. Thank you, sir.
21 Nancy, followed bring by Marion Nowlin.
22 AUDIENCE MEMBER: Waive.
23 (Audience member approaches the podium.)
24 AUDIENCE MEMBER: My name is name Nancy
25 Frashuer. I live at 11038 Fort George Road.
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1 I have the good fortune of being the
2 steward of an old home on Fort George Island and
3 the joy of driving to and from Jacksonville
4 downtown every day.
5 I drive past this parcel of property. It's
6 in the middle of the Timucuan Preserve. It
7 borders the Intracoastal Waterway. It's an area
8 that's showcased by the Chamber of Commerce and
9 local magazines to be pristine, old Florida, and
10 it's important for us to maintain the character
11 of the area.
12 We have been fortunate that Mr. Holt came
13 to our Heckscher Drive Community Club and worked
14 with us. We also have had some good discussions
15 with Mr. Harden in coming up with some
16 compromises that we believe are workable.
17 Some things that are important, though, is
18 there was a broad array of proposals that the
19 owner development [sic] put forward, and I
20 believe we've worked through most of those.
21 The traffic is really an issue. I drive
22 back and forth every day. When you come over
23 the bridge, it's blind. When you come up the
24 other direction, it's blind. There is
25 absolutely no way to see a car or a truck
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1 hauling a boat behind it that comes out slowly,
2 and I believe this is going to cause accidents.
3 Right now with the Sisters Creek, the park
4 that's on the other side, there is some turn
5 lanes that make it a little bit easier. This is
6 going to be blind, and I do believe there are
7 going to be some accidents.
8 In June, July, and August the traffic out
9 there increases phenomenally, the speed does
10 too, and so we're just encouraging that there be
11 some recognition of that and an evaluation.
12 That was it.
13 THE CHAIRMAN: Thank you.
14 MS. FRASHUER: Thank you.
15 THE CHAIRMAN: Ann, did you wish to speak?
16 AUDIENCE MEMBER: No. I waive too, sir.
17 THE CHAIRMAN: Okay. Let the record show
18 that both Marion and Ann waived.
19 Browne Altman.
20 AUDIENCE MEMBER: Browne (pronouncing).
21 THE CHAIRMAN: Sorry.
22 AUDIENCE MEMBER: My name is Browne
23 Altman. I live at 9759 Heckscher Drive,
24 Jacksonville, Florida 32226.
25 The issue of signage, what this developer
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1 has done both times -- this piece of property is
2 V-shaped. The two legs of the V are roads. One
3 is Heritage Drive, the other is Heckscher
4 Drive. Heritage Drive is the road which goes to
5 the Joe Carlucci Park, which is used only --
6 well, let's say substantially only by
7 fishermen. The main traffic route is Heckscher
8 Drive, so what he does is he posts the signage
9 on the basically unused road and uses this as a
10 ruse and says, well, gee, we don't actually go
11 up to Heckscher Drive. We only go up to the
12 right-of-way.
13 Well, the same thing is true on the other
14 street, and I agree that some enforcement needs
15 to be done and needs to be real (inaudible), and
16 some regulations so that we don't keep running
17 into this issue with various developers.
18 Other than that, I am very substantially in
19 support of the process that we've gone through
20 and the modification that we have made.
21 Thank you very much.
22 THE CHAIRMAN: Thank you, sir.
23 Mr. Harden.
24 (Mr. Harden approaches the podium.)
25 MR. HARDEN: Let me start -- Browne, it is
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1 not a ruse to put it on the piece of property.
2 And I'm very discouraged about this, but
3 let me remind you what happened. This was a
4 hundred-and-something-acre parcel of land. The
5 sign was posted at the location of the hundred
6 acres. We then lowered it to 12 acres. The
7 12 acres doesn't front on Heckscher Drive. The
8 zoning code says put it on the property.
9 There's 200 feet of right-of-way. There's a
10 trailer park back there, and that's where --
11 there's what we were rezoning and that's where
12 the notice was.
13 But besides that, after we met here in
14 October or November, they asked me to come to
15 the Heckscher Drive Community Club. I went out
16 there the very following meeting. I went ahead
17 and prepared the PUD. I prepared the written
18 description. I gave every one of them that were
19 there, including Robin, a copy of that.
20 So for him to say that he hadn't had
21 time -- there was December, I gave him the
22 written description and the site plan. And it's
23 been 90 days since then, so I'm a little
24 discouraged with bending over backwards by going
25 out to their community club -- and then I called
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1 Joe Moore and said, if you want me to come
2 again, I'll come again, and that night in
3 December I said I'll come again.
4 And as the things have unfolded -- every
5 time somebody has asked me to do an
6 accommodation, we've work through it. So I take
7 great umbrage of the fact -- it's not my fault
8 who falls within 350 feet. I'm not the one who
9 makes that list. There happens to be the Nature
10 Conservancy, the City of Jacksonville. But Bill
11 Baker, who is the chairman of the CPAC, also got
12 a copy of it. And the CPAC heard this on three
13 occasions, on each occasion recommended
14 approval.
15 So this has not been a ruse or hiding
16 anything, and I guess I'm -- maybe I'm a little
17 touchy about it because of what's happening
18 tonight, but I -- you know, when you go out and
19 kind of go out of your way to do it, it's
20 discouraging.
21 Notwithstanding that -- the traffic issue
22 is going to be dealt with. It's an FDOT access
23 issue. FDOT has to approve the entrance on and
24 off there.
25 As I said, there's a 200-foot right-of-way
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1 past the current roadway there. There's lots of
2 room to put an accel/decel lane within that
3 area. I'm sure that's going to be one of the
4 requirements for the entranceway. It will be
5 straight across from the park at that location,
6 so there will be a controlled intersection
7 there. So there will be a DOT review of that,
8 and I think -- I feel very comfortable with
9 whatever decision they come up with will be a
10 safe resolution to that.
11 Other than that, notwithstanding
12 Mr. Leigh's comments, I'm agreeable to the
13 conditions --
14 THE CHAIRMAN: Thank you, Mr. Harden.
15 MR. HARDEN: -- that I outlined with the
16 neighbors.
17 THE CHAIRMAN: Seeing no other speakers,
18 we'll close that public hearing.
19 -144, can I get a motion?
20 MR. HOLT: Move the amendment.
21 THE CHAIRMAN: There's no amendment on the
22 land use.
23 MR. HOLT: Move the bill.
24 DR. GAFFNEY: Second.
25 THE CHAIRMAN: The bill's been moved and
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1 seconded.
2 Any discussion on the bill?
3 Mr. Crescimbeni.
4 MR. CRESCIMBENI: (Inaudible.)
5 THE CHAIRMAN: Seeing none, open the
6 ballot.
7 (Committee ballot opened.)
8 MR. GRAHAM: (Votes yea.)
9 DR. GAFFNEY: (Votes yea.)
10 MR. BROWN: (Votes yea.)
11 MR. HOLT: (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: Five yeas, zero nays.
17 THE CHAIRMAN: By your action, you've
18 approved -144.
19 Top of page 21, -145.
20 MR. KELLY: To the Chair, just to clarify,
21 the marina definition does include what is
22 described as an establishment with a waterfront
23 location for the purpose of storage of
24 watercraft used for pleasure purposes and for
25 recreational purposes. So if that would satisfy
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1 the definition -- excluding houseboats and the
2 liveaboards as previously conditioned -- then I
3 think that will suffice in the revised condition
4 that Mr. Harden offered.
5 MR. HARDEN: That's fine.
6 THE CHAIRMAN: I have the amendment moved
7 and seconded.
8 Can we hear any -- I guess we heard all the
9 amendments already and all the conditions; is
10 that correct?
11 MS. ELLER: Correct.
12 THE CHAIRMAN: All in favor of those
13 amendments signify by saying aye.
14 COMMITTEE MEMBERS: Aye.
15 THE CHAIRMAN: Mr. Harden.
16 MR. HARDEN: I was just going to ask
17 Councilman Holt if you wanted me to incorporate
18 the five additional things that I agreed to
19 tonight into the March 3rd written description.
20 That may be easier to do it that way than
21 have all those five conditions --
22 MR. HOLT: Yes.
23 MR. HARDEN: So I'll incorporate those into
24 the March 3rd written description, if that's
25 okay.
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1 MR. HOLT: Through the Chair to Ms. Eller,
2 I just would like to know that, if it's included
3 in the written description, does that put it to
4 a standard that any changes would have to come
5 back to council?
6 I just don't want to get in a situation
7 where something could come back to the Planning
8 Commission only.
9 MS. ELLER: If you want to limit a specific
10 issue to only coming to council for changes, you
11 would leave it as a condition in the actual
12 ordinance, which would require the PUD to PUD
13 change. There are limitations on what can be
14 modified through minor modification,
15 administrative modification before those other
16 bodies. However, if you want protection of a
17 certain condition, you would want to put it in
18 the ordinance itself.
19 MR. HOLT: So can we --
20 MR. HARDEN: Let me point out to you, there
21 is a condition that it be developed in
22 accordance with the written description, so
23 that --
24 MS. ELLER: (Inaudible.)
25 MR. HARDEN: Okay.
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1 MR. HOLT: So can we add those additional
2 five to the conditions?
3 MS. ELLER: Sure. I'll write them however
4 the committee directs me to write them, either
5 as a -- in the body of the ordinance or in the
6 written description with a reference in the
7 ordinance to the written description, whichever
8 you prefer.
9 MR. HOLT: Well, in an abundance of
10 caution, please put them as conditions. That
11 would be much appreciated.
12 And let me just take this opportunity to
13 declare my ex-parte, which is numerous.
14 Of course, last night I met with about
15 50 neighbors out at the Heckscher Drive
16 Community Club, some of whom are here.
17 I met with Mr. Harden on several
18 occasions. Today at one o'clock, discussed a
19 lot of these amendments, additional conditions,
20 and some of them just came up tonight.
21 I'd also like to say that I really was
22 encouraged by seeing the process work back
23 there, and I thank you all, including
24 Mr. Harden, for working together on this to make
25 this work.
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1 I'm in favor of having this marina there
2 for several reasons. The most important one to
3 me, I think it would make a great development,
4 and I think it starts us on a buffer to
5 transitional -- to more residential uses, which
6 is what the community has indicated that they
7 want, and at the same time protect a really good
8 neighbor across the creek in Atlantic Marine.
9 So I can't say enough how much I appreciate
10 all the hard work that has gone into this, both
11 on the neighbors' and Mr. Harden's side.
12 THE CHAIRMAN: Mr. Crescimbeni.
13 MR. CRESCIMBENI: Thank you, Mr. Chairman.
14 Through the Chair to Ms. Eller. Ms. Eller,
15 the conditions that you're going to draft up
16 tonight that were mentioned in the public
17 hearing -- I know you have a lot to do with
18 the -- with everything that's happened tonight,
19 but can we get those, like, maybe early Monday
20 to make sure that -- maybe the citizens can
21 review them and Mr. Holt can review them, just
22 to make sure everybody is on the same page?
23 Mr. Harden get a copy so that they match up with
24 what everybody is perceiving they should be at
25 this point?
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1 MS. ELLER: Sure.
2 My confirmation of that is dependent upon
3 when I get the transcript.
4 Typically, Diane can get it to me Sunday
5 evening or Monday morning. This is a lot
6 longer, so I'm anticipating it probably midday
7 Monday. So as soon as I get that -- or Monday
8 afternoon --
9 THE REPORTER: Sunday evening or Monday
10 morning.
11 MS. ELLER: Okay. Sunday night or Monday
12 morning.
13 So typically what I do is confirm with the
14 transcript what I've already drafted by Friday.
15 So as soon as I confirm it with the transcript,
16 I'll circulate it by e-mail.
17 THE CHAIRMAN: She doesn't have anything to
18 do this weekend.
19 Mr. Crescimbeni, is that it?
20 MR. CRESCIMBENI: Yes.
21 THE CHAIRMAN: We're on the amendment.
22 All in favor say aye.
23 COMMITTEE MEMBERS: Aye.
24 THE CHAIRMAN: Those opposed.
25 COMMITTEE MEMBERS: (No response.)
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1 THE CHAIRMAN: By your action, you've
2 approved the amendment.
3 MR. HOLT: Move the bill as amended.
4 DR. GAFFNEY: Second.
5 THE CHAIRMAN: The bill's been moved and
6 seconded as amended.
7 Any discussion on the bill?
8 COMMITTEE MEMBERS: (No response.)
9 THE CHAIRMAN: Seeing none, please open the
10 ballot.
11 (Committee ballot opened.)
12 MR. GRAHAM: (Votes yea.)
13 DR. GAFFNEY: (Votes yea.)
14 MR. BROWN: (Votes yea.)
15 MR. HOLT: (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: Five yeas, zero nays.
21 THE CHAIRMAN: By your action, you have
22 approved -145 as amended.
23 -146, -147. Open that public hearing.
24 No speakers. We will close that public
25 hearing.
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1 There's amendment on -146.
2 MR. HOLT: Move the amendment.
3 DR. GAFFNEY: Second.
4 THE CHAIRMAN: The amendment's been moved
5 and seconded.
6 Any discussion on the amendment?
7 COMMITTEE MEMBERS: (No response.)
8 THE CHAIRMAN: Seeing none, all in favor
9 say 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 DR. GAFFNEY: Move the bill as amended.
16 MR. HOLT: Second.
17 THE CHAIRMAN: The bill's been moved and
18 seconded as amended.
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 DR. GAFFNEY: (Votes yea.)
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1 MR. BROWN: (Votes yea.)
2 MR. HOLT: (Votes yea.)
3 MR. REDMAN: (Votes yea.)
4 (Committee ballot closed.)
5 THE CHAIRMAN: Close the ballot and record
6 the vote.
7 MS. LAHMEUR: Five yeas, zero nays.
8 THE CHAIRMAN: By your action, you have
9 approved -146.
10 -147.
11 MR. HOLT: Move the bill.
12 DR. GAFFNEY: Second.
13 THE CHAIRMAN: The bill's been moved and
14 seconded.
15 Any discussion on the bill?
16 COMMITTEE MEMBERS: (No response.)
17 THE CHAIRMAN: Seeing none, please open the
18 ballot.
19 (Committee ballot opened.)
20 MR. GRAHAM: (Votes yea.)
21 DR. GAFFNEY: (Votes yea.)
22 MR. BROWN: (Votes yea.)
23 MR. HOLT: (Votes yea.)
24 MR. REDMAN: (Votes yea.)
25 (Committee ballot closed.)
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1 THE CHAIRMAN: Close the ballot and record
2 the vote.
3 MS. LAHMEUR: Five yeas, zero nays.
4 THE CHAIRMAN: By your action, you have
5 approved -147.
6 -148 and -149. Open the public hearings.
7 We have Mo for questions only.
8 (Audience member approaches the podium.)
9 AUDIENCE MEMBER: Good evening,
10 Mr. Chairman.
11 Maurice Rudolph, 13400 Sutton Park Drive,
12 just here to answer any questions.
13 THE CHAIRMAN: You're a good man, sir.
14 Seeing no questions, we'll close that
15 public hearing.
16 There is an amendment.
17 Mr. Holt.
18 MR. HOLT: (Inaudible.)
19 THE CHAIRMAN: There is an amendment.
20 Could I get a motion for the amendment?
21 MR. HOLT: Move the amendment.
22 DR. GAFFNEY: Second.
23 THE CHAIRMAN: It's been moved and
24 seconded.
25 All in favor of the amendment say aye.
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1 COMMITTEE MEMBERS: Aye.
2 THE CHAIRMAN: Those opposed.
3 COMMITTEE MEMBERS: (No response.)
4 THE CHAIRMAN: By your action, you approved
5 the amendment.
6 MR. HOLT: Move the bill as amended.
7 DR. GAFFNEY: Second.
8 THE CHAIRMAN: The bill's been moved and
9 seconded as amended.
10 Any discussion on the bill?
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 DR. GAFFNEY: (Votes yea.)
17 MR. BROWN: (Votes yea.)
18 MR. HOLT: (Votes yea.)
19 MR. REDMAN: (Votes yea.)
20 (Committee ballot closed.)
21 THE CHAIRMAN: Close the ballot and record
22 the vote.
23 MS. LAHMEUR: Five yeas, zero nays.
24 THE CHAIRMAN: By your action, you have
25 approved -148.
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1 Top of page 22. -149. There's an
2 amendment.
3 MR. HOLT: Move the amendment.
4 DR. GAFFNEY: Second.
5 THE CHAIRMAN: The amendment's been moved
6 and seconded.
7 Can we hear the amendment, please.
8 MR. CROFTS: Through the Chair, I would be
9 glad to summarize the amendment.
10 There are eight conditions. It's reflected
11 in a communication dated February 26th, 2009, to
12 the council and the council president and its
13 members. They summarize the written
14 description, site plan, and specific details
15 regarding transportation improvements in
16 accordance with memorandums, as well as
17 recreation improvements, as well as design and
18 landscaping standards, and also it puts a cap on
19 the extent of the use in this Palm Bay regional
20 activity center.
21 That's a summarization.
22 THE CHAIRMAN: Mo, are you fine with all
23 that?
24 MR. RUDOLPH: I agree.
25 THE CHAIRMAN: Sounds good.
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1 All in favor of the amendment say aye.
2 COMMITTEE MEMBERS: Aye.
3 THE CHAIRMAN: Those opposed.
4 COMMITTEE MEMBERS: (No response.)
5 THE CHAIRMAN: By your action, you approved
6 the amendment.
7 MR. HOLT: Move the bill as amended.
8 DR. GAFFNEY: Second.
9 THE CHAIRMAN: The bill's been moved and
10 seconded as amended.
11 Any discussion on the bill?
12 Mr. Holt.
13 MR. HOLT: Thank you, Mr. Chairman.
14 I need to declare ex-parte again. Today at
15 one o'clock, I spoke with Maurice and also with
16 Mitch Montgomery about this development, going
17 over the lot sizes, and that was by phone.
18 Thank you.
19 THE CHAIRMAN: Thank you, sir.
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 DR. GAFFNEY: (Votes yea.)
2 MR. BROWN: (Votes yea.)
3 MR. HOLT: (Votes yea.)
4 MR. REDMAN: (Votes yea.)
5 (Committee ballot closed.)
6 THE CHAIRMAN: Close the ballot and record
7 the vote.
8 MS. LAHMEUR: Five yeas, zero nays.
9 THE CHAIRMAN: By your action, you have
10 approved -149.
11 -150 and -151, we will -- actually, -150,
12 -151, -152, -153, -154, -155, we'll open all
13 those public hearings.
14 (Mr. Herzberg approaches the podium.)
15 THE CHAIRMAN: All right. Mr. Herzberg,
16 what do you want to speak about?
17 MR. HERZBERG: Mr. Chairman,
18 Mike Herzberg. Address, 1 Sleiman Parkway,
19 Jacksonville, Florida 32277.
20 Sir, I'm only addressing -153 and --
21 Maurice, what is the other one?
22 MR. RUDOLPH: -155.
23 THE CHAIRMAN: -152 and -153?
24 MR. HERZBERG: -155. I apologize.
25 -153 and -155. The only thing I wish to
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1 indicate is there are revised written
2 descriptions which have been shared with the
3 councilman and also with staff, dated today's
4 date, March 3rd, 2009.
5 Thank you, sir.
6 THE CHAIRMAN: You're a good man.
7 Mo, I hear you're for questions only?
8 MR. RUDOLPH: Yes.
9 THE CHAIRMAN: You're a better man.
10 Okay. We will close all six of those
11 public hearings.
12 -150, could I get a motion?
13 MR. HOLT: Move the bill.
14 DR. GAFFNEY: Second.
15 THE CHAIRMAN: The bill's been moved and
16 seconded.
17 Any discussion on the bill?
18 COMMITTEE MEMBERS: (No response.)
19 THE CHAIRMAN: Seeing none, please open the
20 ballot.
21 (Committee ballot opened.)
22 MR. GRAHAM: (Votes yea.)
23 DR. GAFFNEY: (Votes yea.)
24 MR. BROWN: (Votes yea.)
25 MR. HOLT: (Votes yea.)
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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: Five yeas, zero nays.
6 THE CHAIRMAN: By your action, you have
7 approved -150.
8 -151.
9 MR. HOLT: Move the bill.
10 DR. GAFFNEY: Second.
11 THE CHAIRMAN: The bill's been moved and
12 seconded.
13 Any discussion on the bill?
14 COMMITTEE MEMBERS: (No response.)
15 THE CHAIRMAN: Seeing none, please open the
16 ballot.
17 (Committee ballot opened.)
18 MR. GRAHAM: (Votes yea.)
19 DR. GAFFNEY: (Votes yea.)
20 MR. BROWN: (Votes yea.)
21 MR. HOLT: (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: Five yeas, zero nays.
2 THE CHAIRMAN: By your action, you approved
3 -151.
4 -152, we have an amendment.
5 MR. HOLT: Move the amendment.
6 DR. GAFFNEY: Second.
7 THE CHAIRMAN: The amendment's been moved
8 and seconded.
9 All in favor of the amendment signify by
10 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. HOLT: Move the bill as amended.
17 DR. GAFFNEY: 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.)
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1 DR. GAFFNEY: (Votes yea.)
2 MR. BROWN: (Votes yea.)
3 MR. HOLT: (Votes yea.)
4 MR. REDMAN: (Votes yea.)
5 (Committee ballot closed.)
6 THE CHAIRMAN: Close the ballot and record
7 the vote.
8 MS. LAHMEUR: Five yeas, zero nays.
9 THE CHAIRMAN: By your action, you approved
10 -152.
11 -153.
12 MR. HOLT: Move the amendment.
13 DR. GAFFNEY: Second.
14 THE CHAIRMAN: The amendment's been moved
15 and seconded.
16 Can we hear that amendment, please.
17 MR. CROFTS: I'll defer to Shannon.
18 I think it's a revised written description
19 dated today. I have not had a chance to review
20 it.
21 MR. KELLY: I've reviewed the revised
22 written description. Just to clarify, it
23 incorporates buffer standards along the
24 right-of-way and screening of the industrial
25 uses from the roadway.
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1 THE CHAIRMAN: Mr. Herzberg, is that as you
2 remember it?
3 MR. HERZBERG: Yes, Mr. Chairman.
4 THE CHAIRMAN: Okay.
5 MS. ELLER: Plus the -- I'm sorry to
6 interrupt.
7 Plus the other conditions from the
8 memorandum from the Planning Commission,
9 2009-153.
10 And then, Sean, was there another -- were
11 you adding it as an exhibit, that other
12 attachment?
13 MR. KELLY: No. That was actually in the
14 revised written --
15 MS. ELLER: The revised written
16 description.
17 Okay. I'm good. Thank you.
18 THE CHAIRMAN: Mr. Herzberg, you still
19 good?
20 MR. HERZBERG: We concur, yes, sir.
21 THE CHAIRMAN: Sounds good.
22 Okay. That was the amendment. All in
23 favor say 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 approved
3 the amendment.
4 MR. HOLT: Move the bill as amended.
5 DR. GAFFNEY: Second.
6 THE CHAIRMAN: The bill's been moved and
7 seconded as amended.
8 Any 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 DR. GAFFNEY: (Votes yea.)
15 MR. BROWN: (Votes yea.)
16 MR. HOLT: (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: Five yeas, zero nays.
22 THE CHAIRMAN: By your action, you have
23 approved -153 as amended.
24 -154, we have an amendment.
25 MR. HOLT: Move the amendment.
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1 DR. GAFFNEY: Second.
2 THE CHAIRMAN: It's been moved and
3 seconded.
4 Any discussion on the amendment?
5 COMMITTEE MEMBERS: (No response.)
6 THE CHAIRMAN: Seeing none, all in favor
7 say aye.
8 COMMITTEE MEMBERS: Aye.
9 THE CHAIRMAN: Those opposed.
10 COMMITTEE MEMBERS: (No response.)
11 THE CHAIRMAN: By your action, you've
12 approved the amendment.
13 MR. HOLT: Move the bill as amended.
14 DR. GAFFNEY: Second.
15 THE CHAIRMAN: The bill's been moved and
16 seconded as amended.
17 Any discussion on the bill?
18 COMMITTEE MEMBERS: (No response.)
19 THE CHAIRMAN: Seeing none, please open the
20 ballot.
21 (Committee ballot opened.)
22 MR. GRAHAM: (Votes yea.)
23 DR. GAFFNEY: (Votes yea.)
24 MR. BROWN: (Votes yea.)
25 MR. HOLT: (Votes yea.)
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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: Five yeas, zero nays.
6 THE CHAIRMAN: By your action, you have
7 approved -154.
8 -155, there's as amendment.
9 MR. HOLT: Move the amendment.
10 DR. GAFFNEY: Second.
11 THE CHAIRMAN: The amendment's been moved
12 and seconded.
13 Can we hear this amendment.
14 MR. CROFTS: Once again, this is a revised
15 written description dated March 3rd, 2009. I
16 know there were six conditions in the Planning
17 Commission's recommendation and I guess the
18 addition that Mr. Herzberg has presented and
19 discussed earlier.
20 That would be it.
21 MR. HERZBERG: That's correct.
22 THE CHAIRMAN: Is that correct?
23 MR. HERZBERG: Yes, sir, that's correct.
24 Thank you.
25 THE CHAIRMAN: Sounds good.
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1 All in favor of the amendment say aye.
2 COMMITTEE MEMBERS: Aye.
3 THE CHAIRMAN: Those opposed.
4 COMMITTEE MEMBERS: (No response.)
5 THE CHAIRMAN: By your action, you've
6 approved the amendment.
7 MR. HOLT: Move the bill as amended.
8 DR. GAFFNEY: Second.
9 THE CHAIRMAN: The bill has been moved and
10 seconded as amended.
11 Any discussion on this bill?
12 COMMITTEE MEMBERS: (No response.)
13 THE CHAIRMAN: Seeing none, all in favor --
14 I'm sorry. Open the ballot.
15 (Committee ballot opened.)
16 MR. GRAHAM: (Votes yea.)
17 DR. GAFFNEY: (Votes yea.)
18 MR. BROWN: (Votes yea.)
19 MR. HOLT: (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: Five yeas, zero nays.
25 THE CHAIRMAN: By your action, you have
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1 approved -155 as amended.
2 MR. HERZBERG: Thank you all.
3 THE CHAIRMAN: Mr. Holt, I'll tell you
4 what, you have a whole lot going on in your
5 district, sir.
6 Page 24. -158. We will open that public
7 hearing.
8 No speakers. We'll close that public
9 hearing.
10 MR. HOLT: Move the amendment.
11 DR. GAFFNEY: Move the amendment.
12 MR. HOLT: Second.
13 THE CHAIRMAN: The amendment's been moved
14 and seconded.
15 Any discussion on the bill -- I mean on the
16 amendment?
17 COMMITTEE MEMBERS: (No response.)
18 THE CHAIRMAN: Seeing none, all in favor
19 say aye.
20 COMMITTEE MEMBERS: Aye.
21 THE CHAIRMAN: Those opposed.
22 COMMITTEE MEMBERS: (No response.)
23 THE CHAIRMAN: By your action, you approved
24 the amendment.
25 MR. HOLT: Move the bill as amended.
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1 DR. GAFFNEY: Second.
2 THE CHAIRMAN: The bill has been moved and
3 seconded as amended.
4 Any discussion on the bill?
5 COMMITTEE MEMBERS: (No response.)
6 THE CHAIRMAN: Seeing none, please open the
7 ballot.
8 (Committee ballot opened.)
9 MR. GRAHAM: (Votes yea.)
10 DR. GAFFNEY: (Votes yea.)
11 MR. BROWN: (Votes yea.)
12 MR. HOLT: (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: Five yeas, zero nays.
18 THE CHAIRMAN: By your action, you have
19 approved -158.
20 -159. Open the public hearing. Close the
21 public hearing.
22 MR. HOLT: Move the bill.
23 DR. GAFFNEY: Second.
24 THE CHAIRMAN: The bill's been moved and
25 seconded.
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1 Any discussion on the bill?
2 COMMITTEE MEMBERS: (No response.)
3 THE CHAIRMAN: Seeing none, please open the
4 ballot.
5 Actually, I have a question. Let me hear
6 what this is a little bit, -159.
7 MR. KRESEL: Basically, what it does is it
8 allows the City to be a sponsor for a mixed use
9 category. It would allow us to -- with
10 community involvement.
11 Previously, the MU or mixed use category
12 was limited to regional activity centers or DRIs
13 primarily. In this particular case, we needed
14 authorization to allow the City to be a sponsor
15 for a project, such as Bayard, where there was a
16 multitude of different uses, and we wanted to
17 identify it as a mixed use. It just allows the
18 City to be a sponsor.
19 THE CHAIRMAN: This opens up all kinds of
20 opportunities, doesn't it?
21 MS. ELLER: I believe -- I'll confirm with
22 Bill -- you have to have a plan, like we did,
23 for example, with Bayard. It can't just be a
24 random MU request.
25 MR. KILLINGSWORTH: That is correct. It's
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1 got to be a City-sponsored master plan that's
2 adopted by council.
3 THE CHAIRMAN: So it can't be a
4 privately-sponsored master plan?
5 MR. KILLINGSWORTH: Not at this stage.
6 THE CHAIRMAN: Okay.
7 All right. Open the ballot, -159.
8 (Committee ballot opened.)
9 MR. GRAHAM: (Votes yea.)
10 DR. GAFFNEY: (Votes yea.)
11 MR. BROWN: (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: Four yeas, zero nays.
17 THE CHAIRMAN: By your action, you have
18 approved -159.
19 -160 is deferred. -161, -62, -63, and -64
20 are all deferred.
21 Top of page 26. -188, -89, -90, -91, and
22 -92 are all second and rereferred.
23 -193 and -202 are second and rereferred.
24 Did we miss anything?
25 COMMITTEE MEMBERS: (No response.)
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1 THE CHAIRMAN: Anybody have any last-minute
2 things? Because I think Diane, her fingers are
3 getting tired.
4 COMMITTEE MEMBERS: (No response.)
5 THE CHAIRMAN: Seeing none, we are
6 adjourned.
7 (The above proceedings were adjourned at
8 10:12 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 8th day of March, 2009.
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Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203