1 CITY OF
2 LAND USE AND ZONING
3 COMMITTEE
4
5
6 Proceedings held on Tuesday, February 3,
7 2009, commencing at 5:02 p.m., City Hall, Council
8 Chambers, 1st Floor,
9 Diane M. Tropia, a Notary Public in and for the State
10 of
11
12 PRESENT:
13 ART GRAHAM, Chair.
STEPHEN JOOST, Vice Chair.
14 REGGIE BROWN, Committee Member.
JOHNNY GAFFNEY, Committee Member.
15 RAY HOLT, Committee Member.
JACK WEBB, Committee Member.
16 DON REDMAN, Committee Member.
17
ALSO PRESENT:
18
JOHN CROFTS, Deputy Director, Planning Dept.
19 SEAN KELLY, Chief, Current Planning.
FOLKS HUXFORD, Zoning Administrator.
20 KEN AVERY, Planning and Development Dept.
21 RICK CAMPBELL, Research Assistant.
MARILYN ALLEN, Legislative Assistant.
22 MERRIANE LAHMEUR, Legislative Assistant.
23 - - -
24
25
Diane M.
Tropia,
2
1 P R O C E E D I N G S
2 February 3, 2009 5:02 p.m.
3 - - -
4 THE CHAIRMAN: Good afternoon, everybody.
5 Let the record show it's -- I've got about
6 5:02. It is Tuesday, February the 3rd, and this
7 is the Land Use and Zoning Committee meeting.
8 I guess we'll start off by introducing
9 ourselves.
10 Mr. Crofts.
11 MR. CROFTS: Good evening.
12 John Crofts, Planning and Development.
13 MR. KELLY: Sean Kelly, Planning and
14 Development.
15 MS. ELLER: Shannon Eller, General
16 Counsel's Office.
17 MR. REDMAN: Don Redman, Council
18 District 4.
19 MR. HOLT: Ray Holt, District 11.
20 THE CHAIRMAN: I'm Art Graham, District 13.
21 MR. JOOST: Stephen Joost, Group 3
22 at-large.
23 MR. WEBB: Jack Webb, District 6.
24 DR. GAFFNEY: Councilman Gaffney,
25 District 7.
Diane M.
Tropia,
3
1 THE CHAIRMAN: All right. It seems like
2 we're up and running. And unless things go
3 absolutely crazy, we should get out of here at a
4 decent time.
5 Reggie Brown is on his way down. Let the
6 record show he's got an early excuse, and I
7 think we're full, good, ready to go.
8 Top of page 2. 2005-1228 is deferred.
9 2006-24 is deferred. 2006-658 is deferred.
10 Top of page 3. 2007-581 is deferred.
11 2008-414 is deferred. 2008-416 is deferred.
12 Top of page 4. 2008-418 is deferred.
13 (Mr. Brown enters the proceedings.)
14 THE CHAIRMAN: 2008-517. There's a public
15 hearing. We'll open that public hearing.
16 Seeing no speakers, we'll close that public
17 hearing and take no further action.
18 2008-541 is deferred. 2008-542 is
19 deferred. 2008-546, -549, -550, and -552 are
20 all deferred.
21 Top of page 6. 2008-562. We will open the
22 public hearing. We have Les Manucy.
23 Is that person here?
24 AUDIENCE MEMBERS: (No response.)
25 THE CHAIRMAN: Is Les not here?
Diane M.
Tropia,
4
1 AUDIENCE MEMBERS: (No response.)
2 THE CHAIRMAN: How about Julia Reynolds?
3 (Mr. Harden approaches the podium.)
4 MR. HARDEN: Mr. Chairman, those are the
5 folks that I represented from last week. But if
6 Ms. Hipps goes first, there's conditions that
7 we've agreed to, and then they won't speak.
8 THE CHAIRMAN: All right. Ms. Hipps, if
9 you want to tell us what your conditions are.
10 (Ms. Hipps approaches the podium.)
11 THE CHAIRMAN: All right. Hold on a
12 second, Ms. Hipps. We've got some people that
13 want to declare ex-parte before you go.
14 Mr. Webb.
15 MR. WEBB: Thank you, Mr. Chairman.
16 I rise to declare ex-parte. About 15
17 minutes ago, I had a brief conversation with the
18 always Honorable Dick Kravitz regarding this
19 matter, -562.
20 Thank you.
21 THE CHAIRMAN: Thank you.
22 Anybody other than Mr. Webb?
23 DR. GAFFNEY: Yes.
24 THE CHAIRMAN: Dr. Gaffney.
25 DR. GAFFNEY: Thank you, Mr. Chairman.
Diane M.
Tropia,
5
1 Yes, I rise to declare ex-parte. About
2 ten minutes ago, I had a conversation with
3 Ms. Hipps.
4 THE CHAIRMAN: Okay. Anybody else?
5 MR. BROWN: Yes, Mr. Chairman.
6 THE CHAIRMAN: Mr. Brown.
7 MR. BROWN: I'd like to declare ex-parte.
8 I guess approximately five minutes ago, I
9 had a meeting with Ms.
10 THE CHAIRMAN: Okay. Anybody else?
11 MR. JOOST: Yes.
12 THE CHAIRMAN: Mr. Joost.
13 MR. JOOST: I rise to declare ex-parte
14 communications. I discussed some various
15 aspects of the project with Ms. Hipps,
16 Mr. Catlett, and Mr. Kravitz in my office.
17 Thank you.
18 THE CHAIRMAN: Okay.
19 All right. Ms. Hipps, just go ahead and
20 tell us, I guess, what -- some of the things you
21 agreed upon, and then we'll let the -- we'll
22 listen to the public hearing and we'll let you
23 come back and close.
24 MS. HIPPS: Thank you.
25
Diane M.
Tropia,
6
1 As you know, 2008-562 was heard at your
2 last meeting. And at that meeting, it was
3 agreed that we would meet with the Planning
4 Department. Before we came today -- we did that
5 yesterday at two o'clock, Mr. Manucy,
6 Ms. Reynolds, Mr. Harden, Mr. Catlett,
7 Mr. Kravitz and myself.
8 At that meeting, it was discussed
9 thoroughly, and I think one of the issues that
10 was brought up at the last meeting was access
11 for Ms. Reynolds and Mr. Manucy's property off
12 of
13 That issue is -- we're totally in agreement
14 to the PUD be conditioned where the legal
15 description and whatever you would like to write
16 in, that they have the access that's shown on
17 the site plan that is filed with the rezoning,
18 and we're totally in agreement with that.
19 I also know that you have other conditions
20 that are the normal route, the traffic memo, the
21 site plan date, and the written description.
22 This morning we were e-mailed some areas of
23 consideration, and the principals on the
24 project -- I'm the authorized agent -- have
25 discussed these. And Mr. Catlett is here. And
Diane M.
Tropia,
7
1 if you don't mind, he will probably want to
2 testify also.
3 I have some pictures that I would like to
4 have distributed for the --
5 THE CHAIRMAN: Before we do that, I just
6 wanted you to put on the record the things that
7 you're -- the things that you're going to agree
8 to, and then we'll just let both sides speak one
9 way or the other, and then we'll let you finish
10 up or let Mr. Catlett finish up.
11 MS. HIPPS: Okay. At this point, we agree
12 to the right-of-way as I described previously,
13 and I would like to leave it at that.
14 THE CHAIRMAN: Okay.
15 MS. HIPPS: Thank you.
16 THE CHAIRMAN: Thank you.
17 Les -- or Mr. Harden, are you speaking
18 for --
19 (Mr. Harden approaches the podium.)
20 MR. HARDEN: I will.
21 THE CHAIRMAN: I'm still going to need for
22 you to fill out a card, so when you get a
23 chance . . .
24 MR. HARDEN: I apologize. I thought I
25 understood there was an arrangement. The
Diane M.
Tropia,
8
1 Planning Department gave me a list of
2 conditions.
3 Mr. and Ms. Manucy own a piece of --
4 Mr. Manucy and Ms. Reynolds own a piece of
5 property that's included in a PUD that
6 Mr. Catlett and his clients rezoned about two
7 years ago. The property is under contract.
8 Their house is now zoned as part of their
9 PUD. As it works out, they didn't close. That
10 PUD had nothing but residential uses surrounding
11 it.
12 Two weeks ago, they found out the PUD now
13 has a shopping center backing up to their house
14 and at the time cut off their access to Gurtler
15 Road because the legal description was on
17 We met yesterday, and I thought we resolved
18 the matter. I sent an e-mail reducing it to
19 writing to Mr. Catlett this morning. He wrote
20 back saying, I assume this is -- means they
21 won't be opposing the PUD.
22 They believe that they had an understanding
23 with Mr. Catlett and his group.
24 If you leave the property the way it is,
25 they're zoned as part of his PUD. They can't do
Diane M.
Tropia,
9
1 anything with their property.
2 What we asked to do is, if they're going to
3 do that, then make sure the road has access to
4 their house, stub out the utilities to their
5 house, and just make it part of the activity.
6 At the time, they rezoned, they took away
7 the zoning that the Manucys had on the
8 property. They asked to go back to that
9 rezoning and just let them live the way they
10 were living before the property was rezoned.
11 Now, apparently, they're not agreeable to
12 that. I'm -- I don't know what to say. I've
13 represented to Mr. Manucy and Ms. Reynolds that
14 they were in agreement with these things that we
15 met on yesterday at the Planning Department.
16 And, in all due respect, I would request
17 you not approve the PUD unless the matters that
18 the Planning Department has reduced to writing
19 are included in that PUD. Otherwise, the
20 Manucys have had their property rezoned to be
21 part of a PUD that they -- they can't control
22 anything on. Their house will now back up to
23 the rear of a shopping center, and then the
24 access to their site will be limited by whatever
25 use they make
Diane M.
Tropia,
10
1 We just want to be -- they just want to be
2 back to the way they were before they -- their
3 property was rezoned by these folks, who, at the
4 time, had it under contract, and that's what we
5 would like for you to do.
6 Thank you.
7 THE CHAIRMAN: I have a question for you --
8 MR. HARDEN: Yes, sir.
9 THE CHAIRMAN: -- and then followed by a
10 question by Mr. Webb.
11 MR. HARDEN: Yes, sir.
12 THE CHAIRMAN: What was their property
13 zoned before the original PUD?
14 MR. HARDEN: Industrial light.
15 THE CHAIRMAN: Okay. Thank you. Hold on.
16 Mr. Webb.
17 MR. WEBB: Thank you.
18 Through the Chair, Mr. Harden, can you
19 clarify how -- you said their property was
20 rezoned. It was part of a PUD?
21 MR. HARDEN: Right.
22 MR. WEBB: Can you explain what happened?
23 MR. HARDEN: Sure.
24 Mr. Catlett had their property under
25 contract. And as part of the contract, they
Diane M.
Tropia,
11
1 agreed to let their property be part of the
2 PUD. The property never closed. Mr. Catlett
3 says it didn't close for one reason, Mr. Manucy
4 says it didn't close for another reason.
5 For whatever reason, at that point, their
6 land was already rezoned as part of the PUD, and
7 so they're kind of an outparcel in -- well,
8 they're part of the PUD, but they -- they're
9 limited to being part of the PUD for using their
10 property.
11 Now, this new PUD -- and that PUD had
12 nothing but residential uses in it.
13 The new PUD shows them as an outparcel, but
14 now, instead of having houses next to them on
15 either side, it has a shopping center backing up
16 to them and a shopping center across the street
17 from them, so it doesn't look anything like the
18 PUD that they agreed to be a part of before
19 their closing fell through.
20 So they're left with being part of the
21 PUD. They want to be out of the PUD and be back
22 like they were before the -- the deal went bad,
23 I guess.
24 MR. WEBB: Okay. Thank you.
25 THE CHAIRMAN: Hold on a second,
Diane M.
Tropia,
12
1 Mr. Catlett.
2 So I take it, Paul, that either of your
3 clients are going to speak?
4 MR. HARDEN: No. I don't think -- I don't
5 think they --
6 THE CHAIRMAN: Okay.
7 MR. HARDEN: -- have anything to say.
8 THE CHAIRMAN: Mr. Catlett, you're next.
9 (Mr. Catlett approaches the podium.)
10 MR. CATLETT: Thank you, Mr. Chairman.
11 As Ms. Hipps stated, she was not authorized
12 to go beyond number 1.
13 None of these conditions that were
14 suggested here are unusual or impossible to
15 implement. The only one that is a real pain to
16 us is number 2 because number 2 takes away the
17 economic use of that parcel, for what the
18 intended use was, which was for a gas station.
19 The other ones we really don't have a problem
20 with, the other four conditions. But Ms. Hipps
21 wasn't authorized to say that, so -- I am, and
22 we agree with the other conditions except for
23 number 2.
24 THE CHAIRMAN: Okay. So you're -- let the
25 record show you're fine with everything on this
Diane M.
Tropia,
13
1 sheet, 1 through 5C, except for number 2?
2 MR. CATLETT: That's correct.
3 THE CHAIRMAN: Okay. All right.
4 MR. CATLETT: Thank you.
5 THE CHAIRMAN: Thank you.
6 MR. CATLETT: We request approval because
7 we have done all of these, except that one.
8 THE CHAIRMAN: Okay.
9 MR. CATLETT: Thank you.
10 THE CHAIRMAN: Ms. Hipps, were you done or
11 do you want to close? You're done?
12 MS. HIPPS: Yes.
13 THE CHAIRMAN: All right. I have no other
14 cards. We'll close the public hearing.
15 Staff, tell us what you've got.
16 MR. KELLY: Through the Chair, application
17 for rezoning 2008-562 was recommended for
18 approval with five conditions in the memorandum
19 from the Planning Commission dated January
20 15th. I can begin by reading those and then the
21 supplemental condition sheet that I handed out.
22 THE CHAIRMAN: There's no need.
23 Mr. Catlett, are you in agreement with the
24 five that were on the original PUD and then plus
25 these on the sheet?
Diane M.
Tropia,
14
1 MR. CATLETT: Yes, sir.
2 THE CHAIRMAN: Let the record show that the
3 applicant --
4 MR. CATLETT: Except for number 2.
5 THE CHAIRMAN: Except for number 2, that's
6 correct.
7 Let the record show the applicant said
8 affirmative.
9 Was that it?
10 MR. KELLY: Is there more background -- I'd
11 be glad to explain kind of --
12 THE CHAIRMAN: Well, I guess I've got a
13 procedural question.
14 If there's a zoning that goes through -- if
15 there's a -- well, the example that was just
16 given. There's a PUD zoning that goes through,
17 and it goes through, everybody is in agreement,
18 it passes, and then the properties don't go back
19 and forth and something doesn't happen at
20 closing, it's not the responsibility of the
21 original applicant to rezone people back, is
22 it?
23 MS. ELLER: Depending on the contract.
24 MR. KELLY: Yeah, that would -- it's not a
25 matter for the zoning. It might be a private
Diane M.
Tropia,
15
1 matter between the two separate parties, that
2 they would agree to file a land use or a zoning,
3 but it's -- it's something that we can't
4 condition as part of the rezoning of -- the PUD
5 that leaves out the Reynolds' parcel.
6 THE CHAIRMAN: Okay.
7 All right. The public hearing is closed.
8 Do I get an amendment?
9 MR. JOOST: Move the amendment.
10 DR. GAFFNEY: Second.
11 THE CHAIRMAN: The amendment's been moved
12 and seconded. The amendment is all five
13 conditions on the original PUD, plus all these
14 five minus number 2. So I guess it's four
15 conditions on the supplemental sheet.
16 Any questions on the amendment?
17 DR. GAFFNEY: Is the other party okay with
18 it without number 2?
19 THE CHAIRMAN: They said no.
20 Mr. Harden, are you guys okay with it
21 without number 2?
22 MR. HARDEN: Number 2 is removing a gas
23 station from parcel A2. A2 adjoins the Manucys'
24 home, and yesterday we asked the gas -- if it's
25 okay if they took gas stations across Gurtler
Diane M.
Tropia,
16
1 Road. We didn't want a gas station in A2
2 because that backs up to where they live.
3 We were -- the representation yesterday was
4 that parcel is designed so that you couldn't put
5 a gas station on there anyway, so it wasn't any
6 big deal.
7 No, they prefer not to have a 24-hour
8 convenience store adjoining their site or a gas
9 station adjoining their site. So, no, we prefer
10 to have that second condition in there. I
11 understand Jim's position, but it's the first
12 time I've heard it since yesterday.
13 So, no, we are -- our preference is there
14 not to be a gas station next to their -- to
15 their home.
16 THE CHAIRMAN: Okay. Thank you, sir.
17 Mr. Webb.
18 MR. WEBB: Mr. Harden, quick question for
19 you.
20 I think you indicated that the property was
21 not suitable for a gas station; isn't that
22 what --
23 MR. HARDEN: That's the representation
24 yesterday from Mr. Gilmore.
25 MR. WEBB: Okay.
Diane M.
Tropia,
17
1 MR. HARDEN: So -- because he says it's
2 long and thin. And we thought it was okay to
3 take gas stations out of there, but it's a
4 listed use on there, so --
5 MR. WEBB: But, practically speaking, would
6 not be appropriate for construction of a gas
7 station. So --
8 MR. HARDEN: Apparently they think so
9 because they don't want to take it out.
10 We don't mind gas stations on all the other
11 commercial pieces which are across the street.
12 This one happens to be next door to them.
13 So I understand the question. I guess I'm
14 just conveying to you what Mr. Manucy and
15 Ms. Reynolds heard yesterday.
16 MR. WEBB: All right. Thank you.
17 THE CHAIRMAN: Mr. Holt, followed by
18 Mr. Joost.
19 MR. HOLT: Mr. Chair, do we have the map
20 that we had at our last meeting -- I don't see
21 it in the book -- that outlines each one of
22 these parcels or portions?
23 MR. HARDEN: It's attached to the written
24 description.
25 MR. HOLT: Okay. Our book doesn't show
Diane M. Tropia,
18
1 it. I'm just having trouble understanding where
2 A2 is in relation to the home.
3 There it is.
4 THE CHAIRMAN: Mr. Joost.
5 MR. JOOST: Where is that page at?
6 THE CHAIRMAN: That's the last page of the
7 PUD.
8 MR. JOOST: I guess through the Chair to
9 Mr. Harden, how many -- even though the pieces
10 of property may abut one another -- and I guess
11 I need to look at the map. What is this -- what
12 is the actual amount of space between the gas
13 station and the physical residence?
14 MR. HARDEN: There's no layout on the
15 site.
16 The Manucys' outparcel or their piece of
17 property is about 21,000 square feet, so a half
18 acre. As you move west from their property
19 line, you move to the A2 parcel, and you move
20 towards
21 21- -- you know, somewhere slightly over an
22 acre, so it's, you know, 43,000 square feet.
23 I'm guessing because it looks to be about an
24 acre.
25 So they could -- as a legal matter, they
Diane M.
Tropia,
19
1 could build a gas station ten feet off the
2 property line. Now, you know, the design of the
3 gas station probably won't be that. It will
4 probably front on
5 I don't know, but physically you could build it
6 ten feet away.
7 MR. JOOST: Okay. Where is the house in
8 relationship to the one-acre lot?
9 MR. HARDEN: It's -- you know, it's
10 probably fair to say it's centralized in there,
11 but it's -- you know, it's not a one-acre lot.
12 It's a half-acre lot.
13 MR. JOOST: Okay. So suffice it to say
14 they're not necessarily abutting each other,
15 per se?
16 MR. HARDEN: No. They would be -- I think
17 it's fair to say that it would be 60 feet or so
18 away, at a minimum, you know.
19 MR. JOOST: Right.
20 MR. HARDEN: Two first downs away.
21 MR. JOOST: If only the Jaguars had that.
22 Thank you.
23 MR. HARDEN: I hope that wasn't intended to
24 bait me. I'm not going to take the bait.
25 THE CHAIRMAN: Mr. Holt.
Diane M.
Tropia,
20
1 MR. HOLT: I'm just going to suggest that
2 maybe we table this item for a little while and
3 let these two parties get back there and discuss
4 a buffer or a fence or something that can
5 resolve this final issue.
6 MR. HARDEN: We actually have that language
7 in another condition. There's an agreement that
8 they're going to put an 8-foot visual barrier
9 along that westerly property line and 10 feet
10 wide, with trees, which is Part 12.
11 MR. HOLT: That's between A2 and their
12 property?
13 MR. HARDEN: Right. But they don't think
14 10 feet off the property -- look, they're
15 agreeing to having a convenience store, any
16 retail use, they just -- they understand that
17 that's a possibility, a Starbucks, but the gas
18 station, because of the 24-hour use and that
19 activity, it was -- was the request.
20 We understand there can be a retail site
21 that close.
22 MR. HOLT: Okay. Mr. Catlett, you're
23 walking up like maybe you have a -- something to
24 add to my suggestion?
25 MR. CATLETT: Well, frankly, there's no
Diane M.
Tropia,
21
1 more information to be gleaned, Councilman
2 Holt. We have fought about this and agreed and
3 cried and hugged and threatened and everything,
4 and we're where we are.
5 The only thing we did not agree to was the
6 gas station being eliminated from site A2.
7 Everything else that they've suggested we've
8 agreed to, and we really don't have a lot else
9 to talk about.
10 We've agreed to all the buffers. We've
11 done all that stuff already. I mean, we have
12 had several meetings to do that, so we're hoping
13 that you will take this to a vote.
14 MR. HOLT: Okay. But that -- the condition
15 of buffering and a fence -- an 8-foot fence is
16 in here?
17 MR. CATLETT: Yes, sir.
18 MR. HOLT: All right. Thank you.
19 MR. CATLETT: Thank you.
20 THE CHAIRMAN: All right. I have nobody in
21 the queue.
22 All in favor of the amendment signify by
23 saying aye.
24 COMMITTEE MEMBERS: Aye.
25 THE CHAIRMAN: Those opposed.
Diane M.
Tropia,
22
1 COMMITTEE MEMBERS: (No response.)
2 THE CHAIRMAN: By your action, you have
3 approved the amendment.
4 MR. JOOST: Move the bill as amended with
5 conditions.
6 MR. HOLT: Second.
7 THE CHAIRMAN: The bill's been moved and
8 seconded as amended with conditions.
9 Any further discussion on the bill?
10 COMMITTEE MEMBERS: (No response.)
11 THE CHAIRMAN: Seeing none, please open the
12 ballot.
13 (Committee ballot opened.)
14 MR. GRAHAM: (Votes yea.)
15 MR. JOOST: (Votes yea.)
16 MR. BROWN: (Votes yea.)
17 DR. GAFFNEY: (Votes yea.)
18 MR. HOLT: (Votes yea.)
19 MR. WEBB: (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: Seven yeas, zero nays.
25 THE CHAIRMAN: By your action, you have
Diane M.
Tropia,
23
1 approved 2008-562.
2 2008-77- -- I'm sorry, 2008-799. Open the
3 public hearing.
4 Ms. Sawyer.
5 (Audience member approaches the podium.)
6 THE CHAIRMAN: I promise you we'll get this
7 bill out of here today. One way or the other,
8 it's coming out today. There is no three-three
9 tie.
10 AUDIENCE MEMBER: Thank you. Good
11 afternoon.
12 Valarie Sawyer,
13 THE CHAIRMAN: You can slide that mic back
14 if it's more comfortable for you.
15 MS. SAWYER: Is that okay?
16 THE CHAIRMAN: Yes.
17 MS. SAWYER: At the last meeting -- we've
18 had several meetings concerning this -- moving
19 this from a PUD to a PUD, and at the last
20 meeting there was just some misinformation I
21 felt that the council had received concerning
22 the type of facility that I was -- I will be
23 operating.
24 It's going to be an assisted living
25 facility. It's not for the mentally -- patients
Diane M.
Tropia,
24
1 who have mental disorders. It's for the
2 elderly, it's for the disabled.
3 I'm a registered nurse with experience and
4 also I have -- I'm a certified health care
5 administrator, and I am very qualified to care
6 for patients who are disabled and who are
7 elderly.
8 Also -- I had also spoke with Planning and
9 Development and also with Council Denise Lee
10 concerning these, and there has been some safety
11 issues that planning and zoning has worked with
12 me very diligently with concerning the property
13 and fence that is going to be put up around the
14 borders of the property.
15 Also, there was issues as far as comm- --
16 with the community. And I have attended three
17 community meetings, and I really feel as though
18 most of the issues were resolved at the
19 community meeting. At the last community
20 meeting, there was no questions. There was
21 still people -- a couple who were opposed to the
22 assisted living facility, but there was also
23 people who were also in agreement with the
24 assisted living facility.
25 The property is listed -- the land use of
Diane M.
Tropia,
25
1 the property is already listed as commercial.
2 To the left of the property there is a
3 commercial tower which houses Verizon and
4 T-Mobile. Behind the property is all commercial
5 property. And also to the other side of the
6 property is commercial properties. Across the
7 street from my property, on
8 is a residential property. But if you open my
9 front door, you cannot see the home that -- my
10 home is on the corner of Ribault and Trout
11 River, and the other property is on the corner
12 of
13 And that's what I need to -- I wanted to
14 address to the council today, and I also feel as
15 though rezoning this property for an assisted
16 living facility would be a great commodity for
17 the elderly and the disabled within the city of
18
19 Thank you.
20 THE CHAIRMAN: Thank you, Ms. Sawyer, and
21 thank you for your patience.
22 Hold on a second. We've got a question for
23 you.
24 Mr. Joost.
25 MR. JOOST: Through the Chair to
Diane M.
Tropia,
26
1 Ms. Sawyer, thank you for coming down again. I
2 appreciate your diligence and persistence --
3 MS. SAWYER: Thank you.
4 MR. JOOST: -- in this matter.
5 At this point, is the local councilperson
6 in support? I believe that's what you said last
7 time?
8 MS. SAWYER: Well, I'm not sure. Denise
9 Lee is the council that's -- and she has
10 attended all the community meetings. There was
11 some disclosure she wanted me to give to the
12 neighborhood, and I did provide that to the
13 community --
14 MR. JOOST: Regarding the 501(c)(3) and the
15 board of directors and --
16 MS. SAWYER: Correct.
17 She hasn't actually said to me that she
18 opposed it or that she agrees with it. She
19 just -- she just said give the information to
20 the community, and that's all that she was
21 requesting from me. I have not really heard her
22 say yes or no.
23 MR. JOOST: Are there any other assisted
24 living facilities around where --
25 MS. SAWYER: There is one more that's in
Diane M.
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27
1 the ZIP code of 3008.
2 MR. JOOST: So there's only one in the
3 entire ZIP code right now?
4 MS. SAWYER: Correct.
5 MR. JOOST: Okay. I mean, me, personally,
6 having had my dad go through an assisted living
7 facility and visited him many times, I commend
8 your efforts.
9 MS. SAWYER: Thank you.
10 MR. JOOST: You know, if we're all lucky --
11 I don't know if that's the exact word, but, you
12 know, we're all headed down that road
13 eventually, and I just hope --
14 THE CHAIRMAN: I ain't going.
15 MR. JOOST: -- if I ever get there, I will
16 find myself in the hands of a compassionate
17 person like yourself.
18 MS. SAWYER: Thank you so much.
19 MR. JOOST: So I support your efforts.
20 Thank you.
21 MS. SAWYER: Thank you.
22 THE CHAIRMAN: Mr. Joost, just to let you
23 know that Ms. Lee did call before the last
24 meeting and said that she was fine with this
25 coming out of committee, whatever that means.
Diane M.
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28
1 Mr. Redman.
2 MR. REDMAN: Through the Chair to
3 Ms. Sawyer, I know you did say that this was a
4 nonprofit, a 501(c)(3), right?
5 MS. SAWYER: Correct.
6 MR. REDMAN: And you have got that
7 paperwork through the State and have done
8 everything you need to do to --
9 MS. SAWYER: Yes, I have.
10 MR. REDMAN: And your incorporation --
11 MS. SAWYER: Yes, I am incorporated.
12 MR. REDMAN: All right.
13 MS. SAWYER: And I have given that
14 paperwork to the councilwoman and also submitted
15 it to the community as well.
16 MR. REDMAN: Okay. One of the concerns
17 that I had was -- how many square foot- -- what
18 is the square footage of actual living space
19 that you will have people living in?
20 MS. SAWYER: The original square footage of
21 the house was 1,500, I think, and 75. It's a
22 two-car garage. It's a brand new home. The
23 two-car garage I had converted into a
24 recreational center, so it took the house up to
25 2,015 square feet.
Diane M.
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29
1 MR. REDMAN: But that's not a living
2 space. You said that was not air conditioned
3 and heated in that --
4 MS. SAWYER: It is air conditioning and
5 heating.
6 MR. REDMAN: Okay. So -- and how many
7 people do you expect to have staying there at
8 one time?
9 MS. SAWYER: Eight residents.
10 According to the Health Department, there's
11 certain regulations on how many -- the square
12 footage of each room, and each room that I have
13 at least one patient in have to be at least
14 80 square feet. Each one of my rooms are over
15 80 square feet that I'm going to have each
16 patient in. And any room that I'm going to put
17 two clients in has to be at least 120 square
18 feet.
19 And the Health Department, also the Agency
20 for Health, does mandate that -- the square
21 footage of the house to make sure that it meets
22 the requirements for the patients as far as
23 their living space.
24 MR. REDMAN: Thank you, Ms. Sawyer.
25 MS. SAWYER: Thank you.
Diane M.
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30
1 THE CHAIRMAN: Dr. Gaffney.
2 DR. GAFFNEY: Thank you, Mr. Chair.
3 One question. A couple of things concern
4 me. Have you -- how many employees would you
5 have?
6 MS. SAWYER: Well, according to the Agency
7 for Health, for each -- for every four patients,
8 I have to have one employee. So that would be
9 at least two employees on at all times, but I
10 also am going to have a cook there, someone
11 that's -- but they're not actually accounted for
12 staff, and then I'm going to be actually there
13 as an employee, as a registered nurse who's
14 there all the time, not 24 hours, but I will be
15 there. I will be available 24 hours for any
16 questions or anything that may occur.
17 DR. GAFFNEY: You're going to be on call?
18 MS. SAWYER: I will be there during the
19 day, but I'm not going to be there at night.
20 DR. GAFFNEY: So this won't be a situation
21 where you have a lot of cars outside?
22 MS. SAWYER: No. I'm not -- I mean, unless
23 there's visitors that come to visit the
24 patients, then there's -- I'm not really
25 expecting a lot of traffic in and out.
Diane M.
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31
1 And we also allotted on the side of the
2 home a parking area for the employees. We're
3 planning on zoning -- there's parking that's for
4 the employees and then also parking for any
5 visitors that may come.
6 DR. GAFFNEY: Now, there's some beautiful
7 homes over there. They're pretty expensive.
8 Are you going to keep your place compatible to
9 the rest of the neighborhood?
10 MS. SAWYER: Yes, sir, I am.
11 My home is also a brand new home that was
12 just built in 2007. We have talked with
13 planning and zoning as far as landscaping and
14 providing additional landscaping for the front
15 of the yard as well.
16 DR. GAFFNEY: Thank you.
17 MS. SAWYER: Thank you.
18 THE CHAIRMAN: Thank you, ma'am.
19 There's no other speakers, so we will close
20 that public hearing.
21 Ma'am, are you agreeable with the five
22 conditions that were in the original PUD?
23 MS. SAWYER: Yes, I am.
24 THE CHAIRMAN: All right. That being said,
25 do I get an amendment?
Diane M.
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32
1 MR. WEBB: Move the amendment.
2 MR. JOOST: Second.
3 THE CHAIRMAN: The amendment's been moved
4 and seconded.
5 Any discussion on the amendment?
6 COMMITTEE MEMBERS: (No response.)
7 THE CHAIRMAN: Seeing none, all in favor of
8 the 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 have
13 approved the amendment.
14 MR. HOLT: Move the bill as amended.
15 MR. JOOST: Second.
16 THE CHAIRMAN: The bill's been moved and
17 seconded as amended.
18 Mr. Webb.
19 MR. WEBB: Thank you, Mr. Chairman.
20 Through the chair to Planning, what was
21 the -- I see -- I'm looking at the diagram here,
22 and this PUD seems to be surrounded -- it's on
24 use. What was the original zoning before
25 this -- we're going PUD to PUD here. What was
Diane M.
Tropia,
33
1 the original zoning before it was PUD?
2 MR. CROFTS: Through the Chair to Mr. Webb,
3 this property, as I indicated the last time, was
4 a CGC land use and CCG-2 type zoning since the
5 early '70s, since 1972, according to our
6 records. So it was commercial -- intense
7 commercial zoning.
8 MR. WEBB: Yeah, so this -- that leads to
9 my next question. This type of use would be
10 consistent with the CGC land use category?
11 MR. CROFTS: Very much so.
12 MR. WEBB: Very much so. Okay. Fair
13 enough.
14 And I'm looking at this -- we had --
15 through the Chair to the committee, we had one
16 of these that came before us in Mandarin
17 recently that I was opposed to for a variety of
18 reasons, but, number one, because it was really
19 in the heart of what largely was arguably rural
20 residential and it would have had an adverse
21 impact on the -- that residential nature, but I
22 don't see that here. This seems to be
23 consistent with the existing zoning and with the
24 conditions. I support this.
25 THE CHAIRMAN: Seeing no other questions,
Diane M.
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34
1 please open the ballot.
2 (Committee ballot opened.)
3 MR. GRAHAM: (Votes yea.)
4 MR. JOOST: (Votes yea.)
5 MR. BROWN: (Votes yea.)
6 DR. GAFFNEY: (Votes yea.)
7 MR. HOLT: (Votes nay.)
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, one nay.
14 THE CHAIRMAN: By your action, you have
15 approved 2008-840 as amended.
16 MR. CROFTS: -799.
17 THE CHAIRMAN: I'm sorry, -799 as amended.
18 2008-840. We will open that public
19 hearing.
20 Hold on a second.
21 Mr. Joost.
22 MR. JOOST: Yes. Mr. Chairman, I have to
23 again recuse myself from this matter. My
24 company is negotiating a possible lease with the
25 landlord.
Diane M.
Tropia,
35
1 THE CHAIRMAN: Okay.
2 MR. JOOST: Thank you.
3 THE CHAIRMAN: Okay. Mr. Webb.
4 MR. WEBB: Mr. Chairman, I don't know if
5 this is the appropriate time to declare
6 ex-parte, but I rise to do so.
7 I had a meeting with certain individuals
8 last -- well, I'm just going to list all my
9 ex-parte communications over the last week and a
10 half: Paul Heeg; Douglas and Mary Ellen Hanes;
11 Michael, Pat and Marc Freeman; Ronald Wassmer;
12 Dr. Michael and Mrs. Cherie Lee; Susan Woodring;
13 Dana Myers; Wade and Cathy Hastings; Tracy and
14 Scott Merrell; Pam Crone; Tim Curtin; Georgio
15 Azzalin, and the developer's representative; the
16 applicant's representative, Mr. Kupperman,
17 regarding the merits of this application,
18 various proposals to a modification and
19 discussions and negotiations.
20 Thank you.
21 THE CHAIRMAN: Thank you.
22 Mr. Kupperman, you're on.
23 (Mr. Kupperman approaches the podium.)
24 MR. KUPPERMAN: Thank you.
25 Greg Kupperman,
Diane M.
Tropia,
36
1 Beach, 32266.
2 I want to thank Councilman Webb and the
3 staff and Mr. Kelly and Mr. Reingold for
4 attending that meeting, as well as the neighbors
5 that participated in the meeting on Friday where
6 the neighbors came with some requests -- several
7 scenarios with requests in order to work through
8 the process and hopefully come to a resolution.
9 When I left the meeting, I thought that we
10 certainly did come to a resolution with several
11 conditions and concessions of the development
12 and actually believed that all the way until I
13 got here this evening and talked to some of the
14 other neighbors that are still in opposition.
15 And as I think you've seen through your
16 e-mails, there are letters that have recently
17 come. There are many neighbors that are some of
18 the most impacted and affected neighbors by this
19 that have gone on record in support.
20 What you do need to understand about this
21 project is all of this property is currently
22 zoned commercial. It's all zoned either PUD
23 commercial or CO commercial. The part that's
24 part of the subject property for the rezoning to
25 CO, which is highlighted in the purple on the
Diane M.
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37
1 site plan that I gave you, is all currently
2 zoned CO.
3 What's important to know also is that it's
4 all currently permitted -- with the exception of
5 building 550, the entire site is permitted.
6 About 75 percent of the site is developed with
7 existing buildings and 90 percent of the site is
8 permitted.
9 It did look like we might have been getting
10 ahead of ourselves a little bit with
11 development, with some trees being cleared and
12 some other land being worked, but because we are
13 currently permitted, the property is currently
14 CO, we did get started. We were just
15 paralleling the process. We had equipment on
16 site. We had labor and equipment on site that
17 we were paying for, and we needed to be -- we
18 needed to go ahead and move forward with this
19 process being -- as you can see on your agenda,
20 that it's been amended and deferred and
21 continues to go on to this property until we've
22 gotten here to this particular point.
23 What's very important to understand is,
24 again, the office park is going to be developed,
25 the office park is permitted, but through
Diane M.
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38
1 several conditions that we've agreed to, dealing
2 with everything from lighting, relocation of
3 dumpsters, increasing tree size caliper, better
4 design of fencing of the 85 percent opacity, the
5 relocation of a structure, you'll understand
6 that this is far less intensive with this offset
7 of these conditions than would be with the
8 existing CO district and continue to be
9 forward.
10 To get directly to the point, specifically
11 what we're doing with this use is to allow for a
12 few uses that you find in the CRO district that
13 are similar to -- that are -- a gymnastics
14 academy, karate academy, vocational schools, and
15 so forth. We've eliminated the more intensive
16 uses of restaurants and so forth to have a
17 specific list of uses to be permitted within
18 this -- within this site.
19 Again, it's the same buildings. The only
20 way the building operates is that it will have a
21 couple of additional ancillary uses to the
22 existing CO district.
23 With that, I'll let the Planning and
24 Development Department read the conditions into
25 the record since I've ran out of time.
Diane M.
Tropia,
39
1 THE CHAIRMAN: We'll come back to that.
2 MR. KUPPERMAN: Okay. That's fine.
3 Thank you.
4 THE CHAIRMAN: Demos Pantaras.
5 (Audience member approaches the podium.)
6 THE CHAIRMAN: I'm sorry if I butchered
7 your name, sir.
8 Followed by Ernie Johnson.
9 If you're here to speak to this bill, you
10 might as well come down front.
11 AUDIENCE MEMBER: My name is Demos
12 Pantaras. Good evening to begin with. I live
13 in Mandarin for 21 years at 3426
14 Lane.
15 I have property in the park. I also own
16 one of the lots on Mandarin --
17 in the back, lot number 23, and I don't see any
18 problem with what is happening with the
19 development.
20 Thank you very much.
21 THE CHAIRMAN: Okay. Thank you, sir.
22 Ernie Johnson.
23 (Audience member approaches the podium.)
24 AUDIENCE MEMBER: Good afternoon.
25 I've never been at a City Council meeting
Diane M.
Tropia,
40
1 before, and this is a -- this is a big honor,
2 and so I appreciate you listening to me.
3 My whole life has been --
4 THE CHAIRMAN: Sir, I need your name and
5 address for the record.
6 AUDIENCE MEMBER: Ernie Johnson.
7 THE CHAIRMAN: Address?
8 MR. JOHNSON:
9 THE CHAIRMAN: Thank you.
10 That's just for the court reporter over
11 here.
12 MR. JOHNSON: Okay.
13 THE CHAIRMAN: If I didn't ask you for
14 that, she'd get mad at me later on.
15 MR. JOHNSON: I don't want to violate a
16 rule.
17 I've lived and moved up and down San Jose
18 my whole life, from the time I was a child
19 living in the Southside and my grandmother
20 living in Keystone -- I mean, Green Cove, and up
21 and down that road, across even that old wooden
22 bridge they used to have, and went to -- when I
23 graduated from school, I went to Palatka Junior
24 College down there at the
25 my first job I had at the Johns Manville plant
Diane M.
Tropia,
41
1 in Green Cove Springs.
2 So my whole life has been riding up and
3 down
4 two-lane road. I remember when at
5 there was just that pharmacy and that gas
6 station, and I used to come up and ride the
7 train at Mandarin supermarket.
8 Whenever my wife and I got married, the
9 only place we looked for property was down along
10 either
11 just a little bit on the other side of Julington
12 Creek.
13 When I started my business, my martial arts
14 academy, we moved up in Mandarin, and I paid
15
rent on
16 When I went to renegotiate and get a new
17 lease this time, I had an opportunity that I've
18 looked for ever since I've been in business, for
19 25 years, to own a piece of property. And I've
20 looked every time that I've had the rent
21 negotiation, but there's never been a place that
22 I could afford, that had the right parking, so
23 we've always settled for what we could get, from
24 a toy store, to a restaurant, to an office
25 building, trying to make it fit, trying to make
Diane M.
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42
1 it work.
2 And if I -- if I could show you what I'm
3 talking about with just a few drawings. Right
4 now we've got bathrooms sitting in the middle of
5 the floor because that's where they are.
6 And so this is a rare opportunity for me
7 not only to own something of my own, but also
8 for my academy and my students to have a
9 facility that is set up for a martial arts
10 facility, not for a restaurant or a toy store,
11 so they can do and we can continue to progress
12 our business and, I believe, benefit the entire
13 Mandarin community.
14 And, again, thank you very much.
15 THE CHAIRMAN: Thank you, sir.
16 Hold on just a second. There's a couple of
17 questions.
18 I've got a question for you. What do you
19 think of your representation out there in
20 Mandarin?
21 MR. WEBB: Don't answer that.
22 THE CHAIRMAN: Hold on a second.
23 Mr. Webb.
24 MR. JOHNSON: We're getting real close.
25 MR. WEBB: Mr. Johnson, just for the
Diane M.
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43
1 record, what's the name of your --
2 MR. JOHNSON: We could be buddies.
3 MR. WEBB: Mr. Johnson, what's the name of
4 your -- just for the record -- your academy?
5 MR. JOHNSON: Pak's
6 Mandarin.
7 MR. WEBB: Okay. Thank you.
8 Where are you currently located?
9 MR. JOHNSON: Where are we located now?
10 MR. WEBB: Uh-huh.
11 MR. JOHNSON: On
12 at
13 MR. WEBB: Okay. Very good. Thanks.
14 MR. JOHNSON: And so we would be moving
15 about two blocks toward Julington Creek.
16 THE CHAIRMAN: Hold on a second, sir.
17 Mr. Joost.
18 MR. JOOST: I'm sorry, I'm just a little
19 confused. Even though I'm recused, I can still
20 ask questions.
21 Are you buying the piece of property from
23 own --
24 MR. JOHNSON: Yes, sir.
25 MR. JOOST: Okay.
Diane M.
Tropia,
44
1 MR. JOHNSON: I'm sorry?
2 I'm buying -- it's on -- I'm buying three
3 condo units, but the zoning right now does not
4 allow for a martial arts facility.
5 The building is there. It's an empty
6 building. It's sitting there. It's just not
7 zoned for a martial arts -- if I were doing
8 something else, I could buy the property and go
9 in there. I'm not sure what all -- you know,
10 what it is zoned for, but I know what it's not
11 zoned for.
12 MR. JOOST: Okay. Thank you.
13 I just --
14 MR. JOHNSON: Thank you.
15 MR. JOOST: -- that simple question.
16 THE CHAIRMAN: Thank you, sir.
17 David Beard, Baird --
18 MR. JOOST: Bard.
19 THE CHAIRMAN: -- Bard.
20 Once again, if you're here to speak to
21 this, please come down front.
22 (Audience member approaches the podium.)
23 AUDIENCE MEMBER: My name is David Bard.
24 My address is
25 Boulevard.
Diane M.
Tropia,
45
1 I've worked in this project from the
2 beginning of its conception back in 2009 with
3 the
4 tenant that has come into this park and located
5 their business in doing so.
6 I believe that the park -- the developer
7 has spent a considerable amount of time and
8 effort to make sure that this is something that
9 is in support of -- maybe not the neighbors, but
10 it's -- in the community. It gives them the
11 opportunity for services. They -- it keeps --
12 actually keeps traffic off of
13 Boulevard. It doesn't increase the traffic in
14 that area because the -- most of -- the majority
15 of our tenants or property owners are neighbors
16 and live in the Mandarin market. And the
17 employees that work for these people also live
18 in Mandarin as well. They're not having to
19 drive into downtown or Southpoint, spending
20 45 minutes a day on each direction, to and from
21 work. It gives them an opportunity to stay at
22 home.
23 It also -- for the services that it
24 provides, it -- we have financial uses, we have
25 insurance, we have medical, we have all -- all
Diane M.
Tropia,
46
1 sorts of uses that -- these people are able to
2 stay within their community and to not have to
3 go past the 295 corridor, and it keeps them
4 within -- you know, the people from Julington
5 Creek can stop there, the people in Mandarin
6 can, you know, work and enjoy the services
7 there.
8 The karate and the dance studio, the kids
9 that, you know, are there, they're not -- I
10 don't think they're going to be a negative
11 impact to anybody, but I -- I'm in support of
12 this and I think the services are something that
13 are -- that is needed there, and it would be a
14 good thing for Mandarin.
15 Thank you.
16 THE CHAIRMAN: Sir, thank you very much.
17 Dana Myers, followed by Pat Freeman.
18 (Audience member approaches the podium.)
19 AUDIENCE MEMBER: My name is Dana Myers.
20 My address is
21 I am still opposed to this. The affidavit
22 that the developer and some of the
23 negotiations -- well, my concern is the
24 affidavit does not really have any commitment.
25 It says that they would review some of the
Diane M.
Tropia,
47
1 landscaping and some of the other things that
2 the homeowners had addressed with him.
3 So, I mean, I'm just -- I'm still opposed
4 to it. There was no concession, I guess, for
5 the amendments that were posed by the
6 developer.
7 That's all I have.
8 THE CHAIRMAN: Okay. Thank you.
9 MS. MYERS: Okay.
10 THE CHAIRMAN: Hold on. Question for you,
11 Ms. Myers.
12 MR. WEBB: Dana, what -- when you say
13 "affidavit," are you referring to the revised
14 conditions?
15 MS. MYERS: Well, there were e-mails
16 floating around today that -- from my
17 understanding, they said the conditions couldn't
18 be included in the PUD, so there's an affidavit
19 that's supposed to be signed by Georgio and some
20 of the homeowners associations in the -- in the
21 neighborhood.
22 MR. WEBB: Okay. I'll reserve the question
23 for Planning once we get through the public
24 hearing on that issue. Okay, guys?
25 Thank you.
Diane M.
Tropia,
48
1 THE CHAIRMAN: Ms. Freeman, followed by
2 Mr. Freeman.
3 (Audience member approaches the podium.)
4 AUDIENCE MEMBER: My name is Pat Freeman,
6 This is a simple case of taking a buffer
7 away and failing to replace it. The buffer is
8 not the setback. It's the gradual transition of
9 uses that protects our homes.
10 The buffer is our current CO zoning, and it
11 serves a legitimate public purpose. The
12 comprehensive plan requires it; the code
13 requires it;
14 the professionals in the Planning Department
15 recognize its necessity. Now the buffer is
16 threatened. It's been eliminated from the
17 written description.
18 There is no mitigation except a fence for
19 two homes that was required anyway.
20 Property rights are like a bundle of
21 sticks. One very important stick is the quality
22 of life and the right to be free from
23 nuisances. That stick is part of the current CO
24 zoning and it serves a legitimate public
25 purpose.
Diane M.
Tropia,
49
1 This rezoning is a little kilo through a
2 City zoning ordinance at the request of a
3 private person. Sticks from my bundle are taken
4 away and handed to a private person for private
5 gain.
6 Intensification of uses from CO to CRO
7 redistributes economic value away from
8 homeowners and passes it to another. Simply
9 put, one person gains and everyone around loses
10 with reduced property values, reduced quality of
11 life, and increased nuisances.
12 This intensification is 600 feet deeper
13 than the surrounding CRO uses. It's commercial
14 encroachment, potentially causing blight and
15 adversely impacting our homes.
16 The applicant doesn't offer any solid,
17 convincing evidence why the current CO zoning is
18 not appropriate. His buildings are built. His
19 investment-backed expectations have not changed,
20 yet our investment-backed expectations in our
21 homes is threatened.
22 Don't be fooled by the mitigation meeting.
23 We were offered nothing. An invitation-only,
24 closed-door meeting with six residents flies in
25 the face of fairness. This is a failure of the
Diane M.
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50
1 rezoning. It's a failure of statutory required
2 notice, a failure of burden of proof, and a
3 failure of fairness and due process.
4 The professional staff needs to seriously
5 restudy the issues. The Planning Commission
6 should revisit the proposed ordinance before
7 sending it forward.
8 Thank you.
9 THE CHAIRMAN: Ms. Freeman, a couple of
10 questions for you.
11 I'm sitting here looking at a GIS map, and
12 where is Owl Hollow --
13 MS. FREEMAN:
14 Mandarin -- off of
15 My son owns a home in Sutton Grove.
16 THE CHAIRMAN: So you don't live anywhere
17 near this?
18 MS. FREEMAN: Yes, I do. I live -- my
19 mother is presently living in Sutton Grove.
20 THE CHAIRMAN: But where is Owl Hollow --
21 MS. FREEMAN:
22 quarter -- well, it's on the map. It's --
25 THE CHAIRMAN: I'm just looking at the GIS,
Diane M.
Tropia,
51
1 and I can't see within about five or six blocks
2 of this place Owl Hollow. Is it further than
3 five or six blocks away?
4 MS. FREEMAN: Yes.
5 THE CHAIRMAN: Okay. Thank you.
6 Mr. Webb, do you have a question?
7 MR. WEBB: No, I don't.
8 THE CHAIRMAN: Okay. Thank you.
9 Mr. Freeman.
10 (Audience member approaches the podium.)
11 AUDIENCE MEMBER: Michael Freeman, property
12 owner of 12264 Sutton
13 of the properties not necessarily bordering the
14 current
15 Sutton Grove neighborhood.
16 I just wanted to say that -- I had heard of
17 this meeting. I wasn't one of the ones invited
18 or consulted or even polled on my opinion. I
19 only heard about it after the fact.
20 I'm still opposed to this. I wasn't
21 included. I feel left out. I feel like people
22 are running around behind my back, basically
23 thinking only of themselves and not really
24 polling the generally-affected community for
25 their input.
Diane M.
Tropia,
52
1 Thank you for your time.
2 THE CHAIRMAN: Thank you, sir.
3 Eleanor Treadwell.
4 AUDIENCE MEMBERS: (No response.)
5 THE CHAIRMAN: Is Ms. Treadwell here?
6 MR. FREEMAN: She couldn't make it.
7 THE CHAIRMAN: Okay. I'm sorry, I didn't
8 read at the bottom. It says didn't want to
9 speak.
10 Georgio.
11 (Audience member approaches the podium.)
12 AUDIENCE MEMBER: My name is Georgio
13 Azzalin.
14 THE CHAIRMAN: You can stand that mic up a
15 little bit.
16 MR. AZZALIN: (Complies.)
17 THE CHAIRMAN: There you go.
18 MR. AZZALIN: Georgio Azzalin. I'm the
19 developer.
20 I apologize for my English. I'm Italian,
21 so my language may be -- sometimes not be real
22 appropriate.
23 Well, we start developing the site almost
24 ten years ago. We bought this piece of
25 property. Most of the other developer in town
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1 were laughing at me because it was almost an
2 abandoned piece of property with a -- lots of
3 debris, crime.
4 We spent a lot of my hard-earned money to
5 change this site. We went from a $20,000 tax
6 base to half million dollar. We spent
7 30 million. We spent hundreds of thousands of
8 dollars in infrastructure, concurrency fees,
9 permit fees. We have 500 employee working
10 there.
11 The buffer that Ms. Freeman is talking
12 about that is changing, CO and CRO has the same
13 buffer. We are not changing any rules. We have
14 a contract with the karate school. That is the
15 reason, because we tried to rezone the space.
16 We have a contract with the karate school
17 and a little dance studio. That is the reason
18 because we are here. We are not changing -- we
19 are not putting restaurant.
20 We, with the Planning Department, limited
21 the use to very reasonable uses.
22 Some of the requests that came from those
23 people that are still opposing are
24 unbelievable. Buffer of 50 feet around the
25 existing building means that I have to take away
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1 parking or move the building, one or the
2 other -- it is not feasible -- or reduce the
3 hour of operation between 8:00 and 1:00. So --
4 you own the building, you pay the loan for
5 24 hour, you can use only nine.
6 So I understand that there is no way to
7 agree with everybody else. At the meeting at my
8 office, there were all the people representing
9 the association, almost all -- all the one, and
10 the most impact house. We did our best to
11 accommodate everybody.
12 I hope that you take in consideration what
13 efforts really have to put together this meeting
14 and negotiate between the parts. I think we
15 find disagreement. And thanks, everybody, for
16 everything.
17 Thank you.
18 THE CHAIRMAN: Sir, there's nothing wrong
19 with your English. We understand you fine.
20 MR. AZZALIN: Well, I love my English, the
21 distraction side, so --
22 Any questions?
23 THE CHAIRMAN: No. We'll call you back up
24 if we have any questions.
25 Timothy Curtin.
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1 (Audience member approaches the podium.)
2 AUDIENCE MEMBER: My name is Timothy
3 Curtin.
I live at
4 which is right next to building 300 of the
6 In 2001, when we called the City to find
7 out what was going to be built there, we were
8 told it's going to be nothing more than a
9 drive-in bank on
10 Planning Department told us that. The next
11 thing we know there's bulldozers in our backyard
12 knocking down every tree that you could see.
13 I have no problem with changing it to a
14 PUD, but I do have a problem with the so-called
15 affidavit that commits to nothing. He says he's
16 going to review the lighting, he's going to
17 review the buffer, he's going to review the
18 dumpsters, but he commits to absolutely
19 nothing.
20 So I urge you to defer this decision until
21 some real negotiations are completed and we get
22 a commitment from him, besides just a review.
23 Thank you.
24 THE CHAIRMAN: Thank you, sir.
25 Randy Collins.
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1 AUDIENCE MEMBER: Randy was here. He just
2 stepped out for a moment.
3 AUDIENCE MEMBER: No, I'm back.
4 THE CHAIRMAN: Followed by Michael --
5 AUDIENCE MEMBER: Smith.
6 THE CHAIRMAN: -- Smith.
7 Wow, that's a crazy looking M.
8 (Audience member approaches the podium.)
9 AUDIENCE MEMBER: Hello. My name is Randy
10 Collins. I'm from
11 I live across the
12 property, and I support the bill. I think it's
13 a good economic decision to pass the bill.
14 That's all I have to say.
15 THE CHAIRMAN: Thank you.
16 Michael.
17 (Audience member approaches the podium.)
18 AUDIENCE MEMBER: My name is Mike Smith.
19 My work address is
20 I support this bill. The reason I support
21 this bill is not only does it help two people,
22 which is the gentleman that's trying to start
23 the Pak's Academy, as well as the lady that
24 would like the dance studio, to fulfill their
25 dreams. It will also employ a half a dozen
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1 subcontractors. In today's tough economic
2 times, you can't ask for more than that.
3 THE CHAIRMAN: Thank you, sir.
4 Erik Decious.
5 AUDIENCE MEMBER: Decious (pronouncing).
6 THE CHAIRMAN: Decious. Sorry, sir.
7 (Audience member approaches the podium.)
8 AUDIENCE MEMBER: That's all right.
9 My name is Erik Decious. I reside at 2205
10 West Clovelly (phonetic) Lane,
11
12 I'm a property owner at 12276-514
13 Boulevard, in the complex, and I'm also a leaser
14 in
15 I was wondering if I could ask the
16 development committee how long this parcel has
17 been zoned commercial? Is that a -- am I
18 allowed to ask that question?
19 THE CHAIRMAN: Planning Department, do you
20 have an answer to that?
21 MR. DECIOUS: I know it's a long time. I'm
22 just curious how long.
23 MR. CROFTS: Well, I believe that the
24 corridor has been light commercial or commercial
25 office, that stretch from
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1 for quite sometime, since we originally did a --
2 a lot of the planning out in that area.
3 Specifically, though, I think that we're
4 seeing that -- the movement back -- some of that
5 zoning, as particularly related to this
6 particular item, goes back to early 2000s, I
7 think, 2002 or '3 or '4, right in that area,
8 early 2000s, when we started seeing it move
9 back.
10 But along San Jose Boulevard, it was much
11 earlier, quite sometime.
12 THE CHAIRMAN: Okay.
13 MR. DECIOUS: Okay. I just wanted to point
14 out that the last few home properties that I've
15 bought, I've done my due diligence to look into
16 what I was buying, where I was going to build a
17 home, and I passed on several properties due to
18 the fact that I could not ever get anything in
19 writing to state that there would never be any
20 commercial development around the homes that I
21 purchased.
22 So I'm just asking the committee to take
23 that into account as they hear the testimonies
24 and understand that where an individual buys a
25 home, I feel it's their responsibility to look
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1 into what could possibly happen around them.
2 And unless they're buying homes that are
3 preserved or stated preserved, that anything can
4 happen.
5 So while I love trees too, I also love the
6 fact that Mandarin is expounding and expanding
7 and helping me as a small business owner achieve
8 a place to work in a community-driven area where
9 my clients are closer to me.
10 Is my time up?
11 THE CHAIRMAN: You have a minute.
12 MR. DECIOUS: Okay. I just want to make
13 sure that that's taken into account.
14 I also am here in support of the developer,
15 Georgio Azzalin. I've been dealing with him for
16 over 12 years on other properties leased and
17 purchased, and he's a very, very fair man. He
18 will take everybody's considerations into
19 account.
20 Please allow me to point out, once again,
21 that he owns the land that has been developed.
22 It was already CO'd. He's only asking to change
23 the ordinance so that he can accommodate other
24 small business owners like myself, to bring in
25 more academic-type institutions into the area.
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1 Thank you.
2 THE CHAIRMAN: Thank you, sir.
3 Sid Barling, followed by Nathan Alexander.
4 (Audience member approaches the podium.)
5 AUDIENCE MEMBER: Thank you, Mr. Chairman.
6 My name is Sid Barling. I'm with S & A
7 Builders. We're general contractors. My
8 address -- I'm sorry -- is
9
10 Jax office complex.
11 I think I have built probably or
12 participated in practically every building that
13 Mr. Azzalin has built in the last eight and a
14 half or nine years, and it's always been our
15 objective to construct projects that will be
16 credit -- a credit to the community that we all
17 serve.
18 Specifically on this particular piece of
19 property, I think I've walked just about every
20 square inch of the project. And prior to coming
21 in, it was a virtual dump site. We have hauled
22 off cars, we have hauled off house trailers, we
23 have hauled off used appliances, we have hauled
24 off tons of debris, and virtually thousands of
25 dollars to clean that place up.
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1 When we walked in, the stench was just
2 deplorable. There were mosquitos breeding all
3 out there. So we have vastly improved this site
4 and this development. I think it's a real
5 credit to the community.
6 I've been there many, many times at night,
7 and it's like a virtual morgue. And I think --
8 I wouldn't have any hesitance if I were going to
9 move back there and live next to it. It's a
10 real nice place.
11 And I thank you, sir.
12 THE CHAIRMAN: Thank you, sir.
13 Nathan Alexander, followed by Wade
14
15 (Audience member approaches the podium.)
16 AUDIENCE MEMBER: My name is Nathan
17 Alexander. My home address is 10937 Mandarin
19 Thank you, Mr. Chairman, for having me up
20 here.
21 I'm actually Master Johnson's first little
22 kid, and I've grown up, been with him since
23 1984. Here tonight just to explain our
24 opinion. As a karate school that's been around
25 since 1984 says something about what he has to
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1 offer.
2 I heard Ms. Freeman mention earlier that,
3 you know, they have lost the trees, the building
4 is up. Great point. What we are saying is all
5 we're asking is that you change the
6 classification which will allow a karate school,
7 a dance studio to go in there.
8 I can only speak for the karate school.
9 It's been around since 1984. The reason is is
10 because it's having a positive impact.
11 We're looking for what type of impact it
12 will have on the property values. Think about
13 it. You're going to be bringing in upper-income
14 families. That's who takes karate.
15 It is a good thing. It's good for
16 Mandarin. And, you know, we would like to see
17 this happen. We'd love for you to approve it
18 this evening.
19 I appreciate it.
20 THE CHAIRMAN: Thank you, sir.
21 Wade Hastings.
22 (Audience member approaches the podium.)
23 AUDIENCE MEMBER: Hello.
24 My name is Wade Hastings. I live at 12321
25 Mandarin
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1 First of all, I want to thank everyone that
2 was involved in coming to the meeting to try and
3 get a resolution to this rezoning request, and
4 Paul Heeg for all his hard work. He's got so
5 many hours in this, it's -- it's unbelievable.
6 He's a hard worker and he's a lot of help.
7 I want to thank the representatives of
8 Chelsea Cove and Sutton Cove for -- Grove,
9 excuse me -- Scott Merrell, Sean Kelly from the
10 City planning, and Councilman Webb and Suzie
11 Loving, and Georgio and Greg Kupperman for --
12 for that meeting. I got to hear a lot of things
13 that I wanted to hear and some that I knew were
14 coming that I didn't really want, but I kind of
15 learn how to live --
16 I'm here in support of R-2008-840 with the
17 revised conditions dated January 30th and the
18 accompanying affidavit dated February 3rd.
19 I believe the concessions the developer has
20 made will help alleviate some of our concerns
21 and somewhat minimize the affect of the
22 development around our homes.
23 For the record, I'd like to let you know
24 that -- how my prior contact with Mr. Azzalin
25 had occurred.
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1 Once my wife and I realized that the wooded
2 property around our home was to be developed, we
3 contacted Mr. Azzalin. He invited us up to his
4 office to view plans. He was very
5 accommodating. It kind of surprised us and --
6 that he was so open to hear our concerns.
7 Although not promising things he couldn't
8 deliver, he did assure us that he would try to
9 minimize the impact where he could.
10 The last time we went to his office, he
11 told us he would try to work on the landscaping
12 so that we might possibly keep some of the trees
13 along the property line or maybe plant some
14 extra trees.
15 Well, when the land clearing company
16 started clearing all the trees, I called him and
17 informed him they were removing all the trees.
18 He immediately put a call into the land clearing
19 crew and told them to leave as many trees as
20 possible behind our house.
21 He also said that he'd come to our house at
22 night and see the impact of the lights that the
23 development would have so that he could address
24 that issue.
25 He's been pretty receptive to our concerns
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1 and the reality that -- the clear-cutting on the
2 trees and the effect that it had on our home was
3 a real shock, much worse than what we had
4 imagined.
5 When we heard the Planning Department had
6 recommended the rezoning include a 50-foot
7 buffer around the perimeter of the development,
8 we were happy and attended the LUZ meeting in
9 support of whatever would cause that 50-foot
10 buffer to happen.
11 Well, we later found out that they already
12 had a ten-set, it was already set. It -- it was
13 going to happen. So
14 developed that portion of the property according
15 to the laws and the code in effect at the time
16 and, therefore, they didn't have an obligation
17 to install such a buffer.
18 That being said, I implore the City Council
19 to see that changes are made that will lessen
20 the impact for homeowners in the same
21 situation.
22 I've been there for 21 years. I've got to
23 admit, I was -- you know, my first house. We
24 were just happy to be in Mandarin. We'd been
25 living on the Westside and we were just very
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1 happy to be in Mandarin. We didn't see --
2 You know, we knew
3 red.
4 We knew
5 did not really realize that that behind there
6 was.
7 Anyway, thanks for everything. Appreciate
8 it.
9 THE CHAIRMAN: Thank you, sir.
10 The last speaker is Tripp Gunti.
11 (Audience member approaches the podium.)
12 AUDIENCE MEMBER: My name is Tripp Gunti,
14 I support this.
15 My children are students of Master
16 Johnson's. The funny thing about this, now that
17 I'm sitting here thinking about it, is my
18 daughter attends a preschool adjacent to this
19 parcel of property, that I had the opportunity
20 to go trick-or-treating with her this year, with
21 all the residents who are businesses of this
22 parcel, who welcomed 70 or 80 children in all of
23 their offices to hand out candy and
24 trick-or-treat, partake in Halloween.
25 So, I mean, as a -- as a Mandarin resident
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1 who's lived there my whole life -- and I sit
2 here and I'm listening to the adjacent
3 homeowners, and I can understand their
4 complaints.
5 The buildings are there. The buildings
6 aren't going to come down. The trees are cut
7 down, so they've got to plant new ones and
8 they'll grow.
9 The reason why I'm here is to hope that we
10 can change the zoning so that the karate school
11 can get there and my children can continue to --
12 success in karate.
13 And other than that, thank you.
14 THE CHAIRMAN: Thank you, sir.
15 MR. GUNTI: Yes, sir.
16 THE CHAIRMAN: The last speaker, Paul
17 Heeg.
18 (Audience member approaches the podium.)
19 THE CHAIRMAN: Sorry if I butchered your
20 name, sir.
21 AUDIENCE MEMBER: That's right.
22 Hi. Good evening.
23 My name is Paul Heeg. I reside at 2784
24
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1 Chelsea Cove Homeowners Association, and I'm
2 speaking on behalf of our association board
3 tonight.
4 I want to extend a special thanks to
5 Councilman Webb. This has been an arduous
6 process. He did bring us together two weeks
7 ago, all the homeowners that attended the last
8 LUZ meeting. We met under his leadership.
9 We also met again this past Friday with the
10 developer, several of us with the developer and
11 Councilman Webb, and I feel that we have
12 concessions that are acceptable to our
13 homeowners association and to the developer.
14 Those include a revised PUD, which revises the
15 buildings.
16 Our point was -- our main concern was if
17 the perimeter buildings got intensified, we
18 would have night and weekend activity that we
19 don't have now. The revised PUD, our
20 association feels, addresses that by moving the
21 activity to the interior buildings, and by doing
22 so, leaving the perimeter buildings -- leaving
23 those uses as is.
24 In addition to those concessions, there
25 were other items for proposed features of the
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1 office park, features that are -- had been
2 already designed, but those now will be
3 redesigned. Those include the relocation of two
4 proposed dumpsters, the adjustment of future
5 lighting, an improved fence, and additional
6 improved landscaping.
7 In addition to that, we have an affidavit
8 between our two homeowners associations, if we
9 choose to sign, and the Jax offices master
10 association to address problems or issues that
11 we have had with the existing buildings, and
12 those include measures for existing and future
13 lighting of buildings external to the proposed
14 PUD, measures to improve the landscaping --
15 existing landscaping between Chelsea Cove and
16 the
17 the
18 shoreline of the pond to make them more
19 aesthetically pleasing, and an investigation of
20 adjustments to the trash pickup.
21 So we, the Chelsea Cove Homeowners
22 Association, voted on it last night. We feel
23 that this is an acceptable method, and we're in
24 support of this.
25 Thank you.
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1 THE CHAIRMAN: Sir, I want to thank you for
2 coming down and working this stuff out. It's
3 always a lot easier when you guys can come to an
4 agreement without us getting involved.
5 MR. HEEG: Thank you. I appreciate it.
6 THE CHAIRMAN: Seeing no further speakers,
7 we will close that public hearing.
8 (Mr. Kupperman approaches the podium.)
9 MR. KUPPERMAN: Mr. Chairman, can I just
10 clarify a couple of things?
11 THE CHAIRMAN: What's that?
12 MR. KUPPERMAN: Do we have rebuttal or no?
13 THE CHAIRMAN: No.
14 MR. KUPPERMAN: Okay.
15 THE CHAIRMAN: Hold on a second. You'll
16 have to agree on some of this stuff, so you'll
17 get plenty of time.
18 Planning Department, tell us what we're
19 agreeing upon.
20 MR. KELLY: Okay. Through the Chair to
21 members of the committee, submitted to you,
22 revised conditions for R-2008-840, dated
23 January 30th, 2009.
24 Condition 1 states, "The development shall
25 be subject to the revised legal description
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1 dated February 2nd, 2009."
2 This specifically deletes buildings 300 and
3 400 from the proposed rezoning.
4 Condition 2, "The development shall be
5 subject to the revised written description dated
6 January 9th, 2009."
7 Condition 3, "The development shall be
8 subject to the revised site plan dated
9 January 9th, 2009."
10 Condition 4, "Building 550 shall be limited
11 to one story in height and building 900 shall be
12 limited to two stories in height as noted on the
13 revised PUD site plan."
14 Condition 5, "At the time of PUD
15 verification, a lighting plan shall be submitted
16 for review and approval of the Planning and
17 Development Department.
18 "The proposed lighting shall be designed
19 and installed so as to prevent glare or
20 excessive light on adjacent residentially-zoned
21 property.
22 "Existing lighting that emits excessive
23 light on the adjacent residentially-zoned
24 property shall be fitted with reflectors to
25 prevent excessive light and shall be subject to
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1 the review and approval of the Planning and
2 Development Department."
3 Condition 6, "Prior to verification of
4 substantial compliance, the dumpsters near
5 building 900 and Mandarin
6 relocated away from the residentially-zoned
7 property, subject to the review and approval of
8 the Planning and Development Department."
9 Condition 7, "Prior to construction
10 activity, the developer shall install a required
11 85 percent opaque fence and visual screen in the
12 uncomplementary land use buffer. The fence
13 material shall be wood, wood composite, or vinyl
14 where required.
15 "The type of fence shall be coordinated
16 with each individual property owner per their
17 request. The fence structure shall be
18 eight feet in height as measured from the
19 established grade or post construction grade."
20 Condition 8, "All live oak trees installed
21 as part of the new uncomplementary land use
22 buffer shall be a minimum four inch caliper."
23 Condition 9, "Ingress and egress to the
24 property located contiguous to the west of
25 building 550 and other residentially-zoned
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1 properties shall be prohibited."
2 Condition 10 specifies allowable uses.
3 "Within the entire boundary of the PUD, the
4 permitted uses and structures in the CO district
5 and permissible uses by exception in the CO
6 district approved via the applicable procedures
7 for the grant of a zoning exception are
8 permitted."
9 Specific uses for buildings 100, 200, and
10 600 were as follows: I can read them out.
11 They're medical/dental offices, including
12 facilities for production of eyeglasses, hearing
13 aids, dentures, prosthetic appliances and
14 similar products in conjunction with a
15 professional service being rendered, but no
16 clinics or hospitals.
17 Professional and business offices;
18 vocational, trade, business schools or colleges;
19 libraries; museums; community centers; radio and
20 television broadcasting studios and offices,
21 subject to Part 15.
22 Banks, financial institutions, savings and
23 loan institutions, and similar uses without
24 drive-through facilities; art galleries; dance,
25 art, gymnastics, fitness centers, martial arts;
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1 music studios and theatres for stage
2 performances, but not motion picture theatres.
3 Cosmetology, electrolysis, laser treatment
4 facilities, hair salons, day spas, and similar
5 uses; employment and recruitment offices, but
6 not a day labor pool; retail sales, display and
7 storage of merchandise shall be subordinate and
8 clearly incidental to a permitted use from the
9 above and shall not exceed 25 percent of the
10 gross floor area of said use.
11 THE CHAIRMAN: Mr. Kupperman, is that a yes
12 or no?
13 MR. KUPPERMAN: Yes, Mr. Chairman. I agree
14 with all of those conditions.
15 THE CHAIRMAN: Thank you, sir.
16 All right. Can we get an amendment?
17 DR. GAFFNEY: Move the amendment.
18 MR. HOLT: Second.
19 THE CHAIRMAN: It's been moved and
20 seconded.
21 It's almost like I say, "Can I get an
22 amen?"
23 All in favor of the amendment signify by
24 saying aye.
25 COMMITTEE MEMBERS: Aye.
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1 THE CHAIRMAN: Those opposed.
2 COMMITTEE MEMBERS: (No response.)
3 THE CHAIRMAN: By your action, you have
4 approved the amendment.
5 MR. JOOST: Move the bill as --
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 MR. WEBB: (Indicating.)
12 THE CHAIRMAN: Well, surprise, surprise.
13 Mr. Webb.
14 MR. WEBB: Mr. Chairman, thank you very
15 much.
16 Well, I appreciate the patience of the
17 committee as we've vetted this application. I
18 will say that I'm going to support it, so it's
19 clear where I'm at.
20 This was a difficult one, probably one of
21 the -- and you guys know Mandarin. You know
22 Mandarin often has its handful of difficult
23 zoning issues.
24 This application is -- has been complicated
25 from the outset by a series of events. There
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1 was a prior application that was filed last
2 year, there was some confusion at the Planning
3 Department -- excuse me -- Planning Commission
4 regarding the -- what was currently -- what the
5 zoning currently was, then there was a further
6 complication or issue of some tree removal.
7 And that being the case, the issue that's
8 really before us, again, is the PUD. In fact, I
9 was the one who supported the PUD as opposed to
10 a conventional rezoning so as to impose some
11 conditions on this.
12 I hear what certain -- I hear what the
13 opposition is saying with respect to the CO
14 buffer. However, one of the concessions is
15 that, in fact, the CRO uses are confined, for
16 the most part, to the interior buildings,
17 moreover, building 900, as an additional 50-foot
18 setback.
19 That being -- and, again, there's
20 limitations on the height of the buildings that
21 are adjacent to the rural residential and LDR
22 areas.
23 You know, that being the case, there's,
24 again, a lot of emotion -- a lot of emotion over
25 this. You know, this is not perfect, but
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1 that -- you know, it's life. We -- I'm not --
2 you know, again, the --
3 This project, there are many good -- the
4 people who live, who work and own are upstanding
5 citizens. This is a -- you know, there's no
6 question there. People who are impacted by this
7 had legitimate, valid concerns. And our job as
8 council representatives, as council as a whole,
9 ultimately, is to balance the equities and to
10 arrive at what we feel is the optimal solution.
11 It's not always a perfect solution, but that's
12 the process.
13 I applaud the efforts of individuals of the
14 community, the developer, the Planning
15 Department having come together and worked and
16 done our best to reach a solution, a compromise
17 in this. Not everyone supports it, but I do.
18 And, again, it's not perfect, there are
19 some concerns. But, having said that, this was
20 the product that was achieved as a result of the
21 process and having given my commitment to all
22 that we would sit down and hammer through some
23 resolution of this. Again, this is the product
24 that is the result of the process, and I support
25 it.
Diane M.
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1 Thank you.
2 THE CHAIRMAN: Thank you, Mr. Webb.
3 Open the ballot.
4 (Committee ballot opened.)
5 MR. GRAHAM: (Votes yea.)
6 MR. JOOST: (Abstains.)
7 DR. GAFFNEY: (Votes yea.)
8 MR. HOLT: (Votes yea.)
9 MR. WEBB: (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, and one
15 abstention.
16 THE CHAIRMAN: By your action, you have
17 approved 2008-840 as amended.
18 2008-880 is deferred.
19 Top of page 7. 2008-893. There's an
20 amendment.
21 MR. WEBB: Move it.
22 MR. JOOST: Second.
23 THE CHAIRMAN: The amendment's been moved
24 and seconded.
25 Any discussion on the amendment?
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1 MR. HOLT: (Inaudible.)
2 THE CHAIRMAN: Planning Department, I've
3 got a request for you to go through the
4 amendment.
5 MS. ELLER: Through the Chair, the
6 amendment is handed out to you on a blue sheet
7 of paper, and there's extra copies down front.
8 It incorporates the previous LUZ amendment and
9 adds conditions that were offered in response to
10 concerns that were raised previously in the
11 public hearings.
12 First, it, as the LUZ amendment previously
13 did, makes the correction to indicate it's
14 7.23 acres. There's no correction to the legal
15 description needed.
16 Then the written description is October
17 16th, 2008. The site plan is September 8th,
18 2008.
19 There are several conditions:
20 First, the development is subject to the
21 transportation memo dated October 15th.
22 Next, the development must comply with the
23 architectural guidelines for
24 Next is the condition regarding access:
25 During those times when no cruise ship is docked
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1 at the terminal, Jaxport will, to the extent
2 allowed by security authorities and in
3 accordance with the Seaport Security Plan, allow
4 approximately 500 linear feet of public access
5 to the waterfront.
6 And then the following conditions are the
7 ones that were added by the Jaxport -- proposed
8 by Jaxport in response to the comments made at
9 previous public hearings:
10 No cruise ship shall use HFO 380 or
11 180 fuel, known as Bunker C fuel, nor any fuel
12 with a sulfur content greater than two-tenths of
13 one percent while docked at the terminal. All
14 cruise ships shall comply with applicable local,
15 state, federal, and international air quality
16 standards.
17 Next, Jaxport shall construct and operate
18 the cruise ship terminal facilities in
19 accordance with all applicable local, state, and
20 federal laws and regulations and pursuant to all
21 permits issued for the terminal facilities,
22 including, without limitation, water, sewage,
23 storm water, ballast water, environmental
24 resource permits, submerged lands lease terms,
25 oil containment regulations, marine mammal or
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1 other endangered/threatened species regulations,
2 noise regulations, and traffic/roadway
3 requirements.
4 Next, Jaxport shall contribute $280,000 to
5 the City for improvements to Helen Cooper Floyd
6 Park consistent with the City's master plan for
7 the park.
8 And, finally, Jaxport shall provide prompt
9 written identification to the City in the event
10 Jaxport determines at any time prior to
11 September 30th, 2018, to cease operation of the
12 Mayport ferry -- also known as the
13 River Ferry -- and shall also promptly make a
14 presentation to the City Council Finance
15 Committee regarding such determination.
16 Again, this matter has a full public
17 hearing at the full City Council a week from
18 tonight, and I'm sure this amendment will be --
19 if passed by the committee -- posted online so
20 that way anyone who wants to make comment at the
21 full public hearing before City Council in a
22 week.
23 THE CHAIRMAN: Jaxport, are you in
24 agreement with those conditions as read?
25 MR. KAUFMAN: Yes, sir.
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1 THE CHAIRMAN: Let the record indicate that
2 they said yes.
3 Mr. Holt.
4 MR. HOLT: (Inaudible.)
5 THE CHAIRMAN: The amendment's been moved
6 and seconded. There's no discussion.
7 All in favor 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 have
12 approved the amendment.
13 MR. JOOST: Move the bill as amended.
14 MR. HOLT: Second.
15 THE CHAIRMAN: The bill's been moved and
16 seconded as amended.
17 Any discussion on the bill?
18 MR. HOLT: Yes.
19 THE CHAIRMAN: Mr. Holt.
20 MR. HOLT: Thank you, Mr. Chair.
21 I don't have, I don't think, anybody here
22 from the community tonight, but for the other
23 council members, I do want to kind of get on the
24 record and explain to you how I came to a
25 decision of supporting this very contentious and
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1 long-standing issue that we've been putting off
2 for a little while now, but --
3 THE CHAIRMAN: (Inaudible.)
4 MR. HOLT: I'm sorry?
5 THE CHAIRMAN: It's a Mandarin-like issue.
6 MR. HOLT: Back in 2001, the City created a
7 new zoning category especially for Mayport
8 Village, CCG-M. And the reason they did that is
9 because -- well, one, there were tax issues.
10 People were being taxed for a bait shop as if it
11 were a -- had the potential to be high-rise
12 condos, but also they wanted to spur on better
13 development because the area had become somewhat
14 blighted.
15 I'll read from a committee meeting back in
16 2001. John Meserve, now Mayor Meserve, said,
17 "What we're trying to do is get ahead of
18 development. Right now the commercial section
19 is really a trash zone. Most of it's boarded
20 up, one restaurant left, and the rest of it kind
21 of beat up, and it needs to be revised, and we
22 have people interested. We'd like to get a
23 handle on the issues."
24 So that was one of the reasons that they
25 promoted this special zoning overlay, and the
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1 community was in support of it, the Mayport
2 Civic Association, the -- what's the other
3 organization? The Mayport Waterfront
4 Partnership was in support of it.
5 One of the uses for that property was a
6 passenger ship terminal. It was something that
7 the community supported back then. And so when
8 it was sold, the owner of that property knew
9 that he had that right.
10 And from a legal standpoint, I feel like
11 it's absolutely consistent with the neighboring
12 properties. There is -- there's at least one
13 other water dependent/water related zoning in
14 that area. Of course, you have many
15 marine-related businesses. You have the Coast
16 Guard in that area, not to mention, of course,
17 the Mayport Naval Base. So I feel like it's
18 absolutely consistent with the neighboring
19 properties.
20 Another thing I always ask myself on these
21 rezonings and land use changes, is it a good
22 addition to the community? I think the answer
23 to that as well is yes.
24 I had worries about this, of traffic,
25 public access to the waterfront, but the
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1 amendment that we have passed today is extensive
2 and addresses those concerns.
3 I came to them and brought up the subject
4 of traffic and we worked through it, and I came
5 to find out -- I come to find out that the
6 traffic is going to be during the middle of the
7 day.
8 You know, a cruise ship comes in in the
9 morning and the passengers get off about 9:30 in
10 the morning and get out to their cars about
11 10 o'clock. They're headed out when everybody
12 else is going to work.
13 The passengers coming onto the ship are on
14 board and eating by 3, 4 o'clock, and our local
15 traffic isn't on the streets at that time.
16 There will be road improvements in the area
17 that will address the traffic.
18 One of the other issues I had was with
19 public access to the riverfront, so I brought
20 that to Jaxport and I said, is there any way we
21 can work through this? Is there something that
22 we can do in that local area to improve public
23 access?
24 Well, they've committed to put $280,000
25 toward improvements at Helen Floyd Cooper Park,
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1 right there on the road. I think they've gone
2 above and beyond to address that issue.
3 So I think that, overall, you have to look
4 at these things and say, on balance, is it going
5 to improve the neighborhood or is it going to
6 bring the neighborhood down? I think
7 overwhelmingly this is going to improve the
8 neighborhood.
9 We'll be having an architectural review of
10 their facilities so that we can make sure that
11 it will look as they have planned. They have
12 submitted drawings, and we'll be reviewing it to
13 make sure that it's compliant with that.
14 So this could really be the beginning of a
15 real step in the right direction in Mayport
16 Village. What people have been begging for and
17 asking for for years is the kind of development
18 that would promote ecotourism.
19 Well, what better way to promote ecotourism
20 than to bring 3,000 people a week in there
21 and -- that are already there to do tourism,
22 promote kayaking, fishing charters, a maritime
23 museum, the local marine science center. Things
24 like that stand to gain from the cruise ship
25 terminal.
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1 I think I'll probably have more comments
2 about this at council, but suffice it to say I
3 have spent 40, 50 hours or more on this, and I
4 can't find a reason not to vote for it.
5 I know there are still some people out
6 there that are going to speak against it, but on
7 balance, I think it's a win/win/win for the
8 community and for our city.
9 Thank you.
10 THE CHAIRMAN: Thank you, Mr. Holt.
11 I, number one, want to tell Jaxport that I
12 appreciate that they've made some concessions
13 and, I guess, addressed the concerns that I had
14 in the last meeting that we voted on this, so I
15 don't have a problem supporting this moving
16 forward.
17 Also, I guess I need to declare ex-parte
18 communications.
19 I'm sitting here looking and all I have
20 down here is Joost and Brown that have declared
21 any ex-parte, so I'd say to the rest of the
22 committee that maybe you need to do that.
23 I met with the port independent of this
24 meeting. I also met with representatives of the
25 Mayport Partnership. I've met with John
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1 Meserve, I've met with Warren Anderson, and I've
2 met with Mike Saylor.
3 And that's pretty much all the people that
4 I've met with independent of these proceedings.
5 Mr. Holt.
6 MR. HOLT: I thought that I had already
7 declared all my ex-parte in this, but I met with
8 all those folks and many more. I've had three
9 public meetings with people in the community on
10 this numerous times. I've met with the folks
11 with the port, Eric Green, David Kaufman, Rick
12 Ferrin, and I've met the folks with the Mayport
13 Waterfront Partnership and with the Mayport
14 Civic Association.
15 Thank you.
16 THE CHAIRMAN: Mr. Joost.
17 MR. JOOST: Yes, I have to declare
18 additional ex-parte communications.
19 I met today with Dick Morales, who is on
20 the board of the Port Authority, and discussed
21 various aspects of the project.
22 Thank you.
23 THE CHAIRMAN: Mr. Webb.
24 MR. WEBB: Thank you, Mr. Chairman.
25 I have not yet declared any ex-parte. I
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1 had meetings approximately a month and a half
2 ago with representatives of the port prior to
3 this being deferred.
4 THE CHAIRMAN: Mr. Redman.
5 MR. REDMAN: Yes, I need to declare
6 ex-parte. I met with David Kaufman and members
7 of the Mayport Civic Association.
8 I believe that's all.
9 THE CHAIRMAN: Thank you.
10 Dr. Gaffney.
11 DR. GAFFNEY: Thank you, Mr. Chair.
12 Yes, I wish to declare ex-parte. I met
13 with members of the
14 administration, Eric Green, Rick Ferrin,
15 David Kaufman.
16 THE CHAIRMAN: Thank you.
17 Is there anybody in the audience that has
18 any questions for anybody on this committee as
19 far as the ex-parte meetings?
20 AUDIENCE MEMBERS: (No response.)
21 THE CHAIRMAN: Seeing none, we have already
22 approved the amendment.
23 We're on the bill as amended.
24 MR. WEBB: Move the bill as amended.
25 THE CHAIRMAN: It's already been moved as
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1 amended.
2 Seeing no further discussion, please open
3 the ballot.
4 (Committee ballot opened.)
5 MR. GRAHAM: (Votes yea.)
6 MR. JOOST: (Votes yea.)
7 DR. GAFFNEY: (Votes yea.)
8 MR. HOLT: (Votes yea.)
9 MR. REDMAN: (Votes yea.)
10 MR. WEBB: (Votes yea.)
11 (Committee ballot closed.)
12 THE CHAIRMAN: Close the ballot and record
13 the vote.
14 MS. LAHMEUR: Six yeas, zero nays.
15 THE CHAIRMAN: By your action, you have
16 approved 2008-893 as amended.
17 Let the record show that there will be a
18 public hearing on this Tuesday night at the full
19 council meeting.
20 And, ladies and gentlemen, thank you for
21 your patience.
22 Okay. 2008-986. We will open the public
23 hearing. Seeing no speakers, we'll continue
24 that public hearing and take no action.
25 The next two bills, 2008-1024 and -1025,
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1 we'll open up the public hearings.
2 Seeing no speakers, we'll continue both
3 those public hearings and take no action.
4 2008-1050. Open the public hearing.
5 Seeing no speakers, we'll close that public
6 hearing.
7 MR. WEBB: Move the bill.
8 MR. JOOST: Second.
9 THE CHAIRMAN: The bill has been moved and
10 seconded.
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 MR. JOOST: (Votes yea.)
18 DR. GAFFNEY: (Votes yea.)
19 MR. HOLT: (Votes yea.)
20 MR. REDMAN: (Votes yea.)
21 MR. WEBB: (Votes yea.)
22 (Committee ballot closed.)
23 THE CHAIRMAN: Close the ballot and record
24 the vote.
25 MS. LAHMEUR: Six yeas, zero nays.
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1 THE CHAIRMAN: By your action, you have
2 approved -1050.
3 2008-1069. We will open the public
4 hearing.
5 We've got -- the applicant wants to speak
6 if there's questions only.
7 There are no questions, so we will continue
8 that public hearing and take no action.
9 I'm told that --
10 MR. JOOST: -1069?
11 THE CHAIRMAN: -1069.
12 We've got a request from Mr. Jones to defer
13 that, and he said that there was a planned town
14 meeting, but I didn't get the date on the town
15 meeting.
17 AUDIENCE MEMBER: This is all news to me.
18 I don't know of another town meeting.
19 THE CHAIRMAN: You do not know of another
20 town meeting?
21 AUDIENCE MEMBER: Not at this point.
22 THE CHAIRMAN: Were you contacted at all by
23 Mr. Jones' office?
24 AUDIENCE MEMBER: No.
25 THE CHAIRMAN: Surprise.
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1 AUDIENCE MEMBER: I'm surprised too.
2 THE CHAIRMAN: Sir, I guess my
3 recommendation to you would be to contact
4 Mr. Jones' office because --
5 Stan, were we told that --
6 MR. JOHNSON: Yes.
7 THE CHAIRMAN: We were told that their
8 office had reached out to you and told you that
9 this was going to be deferred today, and they
10 said that there was an additional town meeting
11 that was scheduled prior to our next meeting.
12 AUDIENCE MEMBER: Okay.
13 THE CHAIRMAN: Okay. Let the record show
14 he said "okay."
15 Well, I would make sure that you reach out
16 to Mr. Jones. He didn't seem like there was a
17 concern about this, but there was a town
18 meeting, so I -- I'm sure you don't want to be
19 surprised again.
20 Thank you, sir.
21 AUDIENCE MEMBER: Thank you.
22 THE CHAIRMAN: Bottom of page 8,
23 1008-1070. Open the public hearing.
24 Emily Pierce.
25 (Ms. Pierce approaches the podium.)
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1 MS. PIERCE: Emily Pierce, 1301 Riverplace
2 Boulevard.
3 This is a PUD for a small parking lot in
4 the San Marco area. I have the owner with me.
5 We have a recommendation of approval from
6 the Planning Department with conditions, which
7 we agree to, and we would request your support.
8 THE CHAIRMAN: Thank you, ma'am.
9 Seeing no further speakers, we will close
10 that public hearing.
11 MR. WEBB: Move the amendment.
12 MR. HOLT: Second.
13 THE CHAIRMAN: The amendment's been moved
14 and seconded.
15 Any discussion on the amendment?
16 COMMITTEE MEMBERS: (No response.)
17 THE CHAIRMAN: Seeing none, all in favor
18 say aye.
19 COMMITTEE MEMBERS: Aye.
20 MR. CROFTS: Mr. Chairman, excuse me one
21 second. I'd like to make one correction on the
22 amendment for the record.
23 In your correspondence of January 29th, it
24 says November 12th is the legal description.
25 Actually, that's November 21, 2008. Otherwise,
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1 everything else is the same.
2 THE CHAIRMAN: That is number 1?
3 MR. CROFTS: Yes, sir.
4 That's the amendment to the amendment.
5 There's a correction.
6 THE CHAIRMAN: Gotcha.
7 MR. CROFTS: Thank you.
8 THE CHAIRMAN: Ms. Pierce, are you okay
9 with that change?
10 MS. PIERCE: That sounds fine.
11 THE CHAIRMAN: Okay. Let the record show
12 that the applicant is okay.
13 Once again, all in favor of the amendment
14 as amended 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 approved
19 the amendment.
20 MR. WEBB: Move the bill as twice amended.
21 MR. HOLT: Second.
22 THE CHAIRMAN: The bill's been moved and
23 seconded as twice amended.
24 Any discussion on the bill?
25 COMMITTEE MEMBERS: (No response.)
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1 THE CHAIRMAN: Seeing none, open the
2 ballot.
3 (Committee ballot opened.)
4 MR. GRAHAM: (Votes yea.)
5 MR. JOOST: (Votes yea.)
6 DR. GAFFNEY: (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 have
15 approved -1070.
16 And I take it this will just be one
17 amendment coming from LUZ?
18 MS. ELLER: Yes.
19 THE CHAIRMAN: Thank you, Ms. Eller.
20 Top of page 9. 2008-1071. We'll open the
21 public hearing.
22 Seeing no speakers, we'll continue that
23 public hearing, take no further action.
24 -1072. Open the public the hearing.
25 Ms. Pierce.
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1 (Ms. Pierce approaches the podium.)
2 MS. PIERCE: Emily Pierce, 1301 Riverplace
3 Boulevard.
4 This is for a small PUD that is going to be
5 along
6 councilman, and I believe that everybody is on
7 board with this.
8 We have a recommendation of approval with
9 conditions, and we request that you support it.
10 THE CHAIRMAN: See, now, you need to talk
11 to those other people trying to do stuff on
13 that.
14 MS. PIERCE: It should go through, we hope.
15 THE CHAIRMAN: Okay. We'll close that
16 public hearing.
17 Move the amendment?
18 MR. WEBB: Move the amendment.
19 MR. HOLT: Second.
20 THE CHAIRMAN: It's been moved and
21 seconded.
22 Mr. Crofts, you got anything different on
23 this one?
24 MR. CROFTS: I'm good.
25 THE CHAIRMAN: You're a good man.
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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 approved
7 the amendment.
8 MR. WEBB: Move the bill as amended.
9 MR. HOLT: Second.
10 THE CHAIRMAN: The bill's 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 MR. GRAHAM: (Votes yea.)
18 MR. JOOST: (Votes yea.)
19 DR. GAFFNEY: (Votes yea.)
20 MR. HOLT: (Votes yea.)
21 MR. REDMAN: (Votes yea.)
22 MR. WEBB: (Votes yea.)
23 (Committee ballot closed.)
24 THE CHAIRMAN: Close the ballot and record
25 the vote.
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1 MS. LAHMEUR: Six yeas, zero nays.
2 THE CHAIRMAN: By your action, you have
3 approved -1072.
4 MS. PIERCE: Thank you.
5 THE CHAIRMAN: -1073. Open the public
6 hearing.
7 Charles Mann.
8 (Mr. Mann approaches the podium.)
9 MR. MANN: Charles Mann, 165
10 Road, representing the landowner.
11 This is the Watson office at the corner of
13 We've worked very closely with the area
14 councilman and also with the adjoining
15 councilman to remove any offensive uses in this.
16 We have the Planning Department's support,
17 the Planning Commission's support, and we would
18 ask for your support.
19 We accept the conditions as amended at the
20 PC meeting.
21 Thank you.
22 THE CHAIRMAN: Thank you, sir.
23 Seeing no further speakers, we'll close
24 that public hearing.
25 Mr. Redman.
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1 MR. REDMAN: I need to declare ex-parte.
2 I had a conversation with Bill Watson and
3 with Mr. Mann on this.
4 THE CHAIRMAN: Mr. Mann, do you have any
5 questions of the ex-parte?
6 MR. MANN: No, sir.
7 MR. REDMAN: And I am in support of it.
8 THE CHAIRMAN: Okay. Very good.
9 Do I get an amendment?
10 MR. WEBB: Move it.
11 MR. HOLT: Move the amendment.
12 THE CHAIRMAN: The amendment's been moved
13 and seconded.
14 Mr. Mann, do you need to hear the
15 amendment?
16 MR. MANN: No, sir, as long as it's the
17 amendments as conditioned at the Planning
18 Commission.
19 THE CHAIRMAN: Is it as conditioned at
20 Planning Commission?
21 MR. KELLY: Yes.
22 Through the Chair, condition 5
23 specifically, the department did not support the
24 Planning Commission's recommendation to amend
25 condition 5, but it was amended.
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1 THE CHAIRMAN: The Planning Department did
2 not support the last one, but the Planning
3 Commission did make the recommendation?
4 MR. KELLY: Yes.
5 THE CHAIRMAN: Gotcha.
6 Mr. Mann, are you fine with or without the
7 Planning Commission's recommendation?
8 MR. MANN: Yes, sir, we are
9 THE CHAIRMAN: Mr. Redman, do you have any
10 choice to go with the Planning Department or
11 with the Planning Commission?
12 MR. REDMAN: The Planning Commission turned
13 it down; is that right?
14 THE CHAIRMAN: The Planning Commission put
15 a --
16 MR. MANN: The Planning Commission
17 supported the application as it was submitted to
18 the Planning Department.
19 The Planning Department had changed the --
20 their recomm- -- or they supported the
21 application, but they put a condition on it
22 cutting down the amount of signage that was
23 going to be allowed at the site.
24 The Planning Commission supported the
25 original application with the front signage and
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1 the wall signage.
2 The monument sign -- we had agreed with
3 Mr. Redman to reduce the monument sign from
4 125 feet to -- I think it was 60 or 64, as it is
5 in the written description.
6 MR. REDMAN: And that is what I'm in favor
7 of.
8 THE CHAIRMAN: You're in favor of the
9 current amendment?
10 MR. REDMAN: Yes.
11 THE CHAIRMAN: Did I state that correctly?
12 MR. MANN: Yes, sir, I believe so.
13 THE CHAIRMAN: Okay.
14 All right. So we are on the bill as
15 amended. All in favor of the amendment signify
16 by saying aye.
17 COMMITTEE MEMBERS: Aye.
18 MR. HOLT: Move the bill as amended.
19 MR. WEBB: Second.
20 THE CHAIRMAN: It's been moved and
21 seconded.
22 Any further 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. JOOST: (Votes yea.)
4 DR. GAFFNEY: (Votes yea.)
5 MR. HOLT: (Votes yea.)
6 MR. REDMAN: (Votes yea.)
7 MR. WEBB: (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 2008-1073.
14 Thank you, Mr. Mann.
15 MR. MANN: Mr. Chairman, members of the
16 committee, thank you very much.
17 THE CHAIRMAN: 2008-1074. We'll open that
18 public hearing.
19 (Mr. Stutsman approaches the podium.)
20 THE CHAIRMAN: Bruce, haven't seen you in a
21 while.
22 Name and address for the record.
23 MR. STUTSMAN: Mr. Chairman, my name is
24 Bruce Stutsman,
25 And if I'm the only speaker, I'll make
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1 myself available for questions only.
2 THE CHAIRMAN: You're a good man.
3 MR. STUTSMAN: Thank you.
4 THE CHAIRMAN: Seeing no further speakers,
5 we'll close that public hearing.
6 MR. WEBB: Move the bill.
7 MR. HOLT: Second.
8 THE CHAIRMAN: The bill's been moved and
9 seconded.
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 MR. JOOST: (Votes yea.)
17 DR. GAFFNEY: (Votes yea.)
18 MR. HOLT: (Votes yea.)
19 MR. REDMAN: (Votes yea.)
20 MR. WEBB: (Votes yea.)
21 (Committee ballot closed.)
22 THE CHAIRMAN: Close the ballot and record
23 the vote.
24 MS. LAHMEUR: Six yeas, zero nays.
25 THE CHAIRMAN: By your action, you have
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1 approved -1074.
2 Thank you, Mr. Stutsman.
3 Top of page 10. -1075. We'll open the
4 public hearing.
5 Dana [sic] Gal- --
6 AUDIENCE MEMBER: Galavis.
7 THE CHAIRMAN: It sounds a lot better when
8 you say it.
9 (Audience member approaches the podium.)
10 AUDIENCE MEMBER: Good evening.
11 My name is Diana Galavis, 5201 Riverton
12 Road.
13 I'm here with Galavis Hardwood Flooring at
15 I'm asking for the setback of the existing
16 signage from ten feet to one foot, where it's
17 existing right now.
18 THE CHAIRMAN: Okay. There's no
19 questions. We'll close the public hearing.
20 Hold on for just a second.
21 MS. GALAVIS: Okay.
22 THE CHAIRMAN: Let's get someone to move
23 the amendment.
24 MR. WEBB: Move the amendment to grant.
25 MR. JOOST: Move the amendment.
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1 THE CHAIRMAN: Moved the amendment to grant
2 the waiver.
3 MS. ELLER: There's two conditions.
4 THE CHAIRMAN: Let's hear the conditions.
5 MR. KELLY: Thank you.
6 Through the Chair and committee,
7 condition 1 states that, "No additional signage
8 shall be permitted on the property until such
9 time the existing sign is removed or brought
10 into compliance with Part 13 of the zoning
11 code."
12 Condition 2, "A landscape plan shall be
13 subject to review and approval of the Current
14 Planning Division. Perimeter landscaping shall
15 be installed along the north and west property
16 lines pursuant to Section 656.1214 and 656.1215
17 of the zoning code prior to final inspection
18 approval by the Building Inspection Division."
19 THE CHAIRMAN: Ma'am, are you okay with
20 those two conditions?
21 MS. GALAVIS: Sure. Yes, sir.
22 THE CHAIRMAN: Sounds fantastic.
23 Okay. All in favor of the amendment to
24 grant the waiver signify by saying aye.
25 COMMITTEE MEMBERS: Aye.
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1 THE CHAIRMAN: Those opposed.
2 COMMITTEE MEMBERS: (No response.)
3 THE CHAIRMAN: By your action, you have
4 approved the amendment.
5 MR. WEBB: Move the bill as amended to
6 grant the waiver.
7 MR. HOLT: Second.
8 THE CHAIRMAN: It's been moved and seconded
9 to grant the waiver.
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 MR. JOOST: (Votes yea.)
17 DR. GAFFNEY: (Votes yea.)
18 MR. HOLT: (Votes yea.)
19 MR. REDMAN: (Votes yea.)
20 MR. WEBB: (Votes yea.)
21 (Committee ballot closed.)
22 THE CHAIRMAN: Close the ballot and record
23 the vote.
24 MS. LAHMEUR: Six yeas, zero nays.
25 THE CHAIRMAN: By your action, you have
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1 approved -1075.
2 Thank you.
3 MS. GALAVIS: Thank you, committee.
4 THE CHAIRMAN: -1076. We'll open the
5 public hearing.
6 (Mr. Ingram approaches the podium.)
7 MR. INGRAM: Tom Ingram, 245
8 Avenue.
9 And with me is Joe Sutschek, vice president
10 of development with Ramco Gershenson.
11 We're here for any questions, but basically
12 this is the companion zoning to the NOPC or DRI
13 amendment that you saw at your last meeting.
14 THE CHAIRMAN: I thought you said just for
15 questions.
16 MR. INGRAM: Sorry. I couldn't help
17 myself.
18 THE CHAIRMAN: You guys get paid by,
19 what -- it's by the word, is that what it is?
20 MR. INGRAM: Yes.
21 THE CHAIRMAN: Seeing no questions, we will
22 close that public hearing.
23 MR. WEBB: Move the bill.
24 MR. HOLT: Second.
25 THE CHAIRMAN: It's been moved and
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1 seconded.
2 Any discussion on the bill?
3 MR. HOLT: (Inaudible.)
4 THE CHAIRMAN: Mr. Holt.
5 MR. HOLT: Thank you, Mr. Chair.
6 I just need to declare ex-parte. On
7 October 30th of last year, I met with Ed Icoff
8 (phonetic) and Joe Sutschek, discussing the
9 reasoning for this rezoning.
10 Thank you.
11 THE CHAIRMAN: Thank you, Mr. Holt.
12 Seeing nothing else, please open the
13 ballot.
14 (Committee ballot opened.)
15 MR. GRAHAM: (Votes yea.)
16 MR. JOOST: (Votes yea.)
17 DR. GAFFNEY: (Votes yea.)
18 MR. HOLT: (Votes yea.)
19 MR. REDMAN: (Votes yea.)
20 MR. WEBB: (Votes yea.)
21 (Committee ballot closed.)
22 THE CHAIRMAN: Close the ballot and record
23 the vote
24 MS. LAHMEUR: Six yeas, zero nays.
25 THE CHAIRMAN: By your action, you have
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1 approved -1076.
2 Thank you, gentlemen.
3 MR. INGRAM: Thank you.
4 MR. SUTSCHEK: I was paying for tonight.
5 THE CHAIRMAN: I'd take off six minutes.
6 MR. SUTSCHEK: Thank you very much.
7 THE CHAIRMAN: 2009-12.
8 MR. HOLT: Move the bill.
9 MR. JOOST: Second.
10 THE CHAIRMAN: It's been moved and
11 seconded.
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 MR. GRAHAM: (Votes yea.)
18 MR. JOOST: (Votes yea.)
19 DR. GAFFNEY: (Votes yea.)
20 MR. HOLT: (Votes yea.)
21 MR. REDMAN: (Votes yea.)
22 MR. WEBB: (Votes yea.)
23 (Committee ballot closed.)
24 THE CHAIRMAN: Close the ballot and record
25 the vote.
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1 MS. LAHMEUR: Six yeas, zero nays.
2 THE CHAIRMAN: By your action, you have
3 approved 2009-12.
4 2009-21 is deferred. -22, -23, -24, -25
5 are all deferred. -26, -27, -28, and -29 are
6 deferred.
7 Top of page 13. 2009-37.
8 MR. WEBB: Move the bill.
9 MR. JOOST: Move the bill.
10 THE CHAIRMAN: The bill's been moved and
11 seconded.
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 MR. GRAHAM: (Votes yea.)
18 MR. JOOST: (Votes yea.)
19 DR. GAFFNEY: (Votes yea.)
20 MR. HOLT: (Votes yea.)
21 MR. REDMAN: (Votes yea.)
22 MR. WEBB: (Votes yea.)
23 (Committee ballot closed.)
24 THE CHAIRMAN: Close the ballot and record
25 the vote.
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1 MS. LAHMEUR: Six yeas, zero nays.
2 THE CHAIRMAN: By your action, you have
3 approved 2009-37.
4 2009-50, -51, -60, -64, -69 and -91 are all
5 second and rereferred.
6 If there's nothing else to come before us,
7 we're adjourned.
8 (The above proceedings were adjourned at
9 6:47 p.m.)
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1 C E R T I F I C A T E
2
3 STATE OF
4 COUNTY OF DUVAL :
5
6 I, Diane M. Tropia, certify that I was
7 authorized to and did stenographically report the
8 foregoing proceedings and that the transcript is a
9 true and complete record of my stenographic notes.
10 Dated this 7th day of February, 2009.
11
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14 Diane M. Tropia
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Diane M.
Tropia,