LAND USE AND ZONING
Proceedings held on Tuesday, December 7, 2010,
commencing at 5:00 p.m., City Hall, Council
Chambers, 1st Floor,
Tina Hutcheson, a Notary Public in and for the State
JOHN CRESCIMBENI, Chair.
RAY HOLT, Vice Chair.
DON REDMAN, Committee Member.
REGGIE BROWN, Committee Member.
STEPHEN JOOST, Committee Member.
BILL BISHOP, Committee Member.
JOHN CROFTS, Deputy Director, Planning Dept.
SEAN KELLY, Chief, Current Planning.
FOLKS HUXFORD, Zoning Administrator.
KEN AVERY, Planning and Development Dept.
DYLAN REINGOLD, Office of General Counsel.
MERRIANE LAHMEUR, Legislative Assistant.
SHARONDA DAVIS, Legislative Assistant.
- - -
1 P R O C E E D I N G S
2 December 7, 2010 5:10 p.m.
3 - - -
5 THE CHAIRMAN: Good afternoon, everyone.
6 We're going to call the Land Use and Zoning
7 Committee meeting for December 7th, 2010, to
9 Council members in attendance include
10 myself -- I'm sorry. We're going to go around
11 the dais starting with Mr. Crofts on the end.
12 I forgot.
13 MR. CROFTS: Good evening. My name is
14 John Crofts representing the Planning and
15 Development Department.
16 MR. KELLY: Sean Kelly, Planning and
18 MR. HUXFORD: Folks Huxford, Planning and
20 MR. AVERY: Ken Avery, Planning and
22 MR. REINGOLD: Good evening. Dylan
23 Reingold with the Office of General Counsel.
24 MR. JONES: Warren Jones, City Council.
25 MR. JOOST: Stephen Joost, City Council.
1 MR. R. BROWN: Reggie Brown, City Council.
2 MR. CRESCIMBENI: I'm John Crescimbeni,
3 City Council.
4 MR. HOLT: Ray Holt, District 11.
5 MR. BISHOP: Bill Bishop, District 2.
6 MR. REDMAN: Don Redman, District 4.
7 THE CHAIRMAN: All right. Thank you,
9 Mr. Jones is a visiting council member. I
10 do have an excused absence from one of our
11 committee members, Dick Brown, the other
12 Councilman Brown will not be here tonight.
13 We have a very short agenda tonight. And,
14 Mr. Reingold -- one of the items that we're
15 going to take up second, Item 7, 2010-817, do
16 we have anybody here to speak in favor or
17 opposition of that? Mr. Mann, I know you're
18 here. Anybody in addition to Mr. Mann?
19 AUDIENCE MEMBERS: (No response)
20 THE CHAIRMAN: Mr. Reingold, do we need to
21 read the Reingold recipe?
22 MR. REINGOLD: I think due to our very
23 short agenda, I think we could probably bypass
24 it tonight.
25 THE CHAIRMAN: Okay. Let's do that, then.
1 We're going to skip over the -- sorry,
2 miss court reporter, I know that's bad news for
3 you, but that takes like an hour and a half.
4 But I've made a commitment to the folks
5 that were so patient during the rules committee
6 yesterday, they've all returned here today to
7 do the presentation -- the Planning
8 Department's going to do the presentation on
9 Item 11, 2010-847.
10 If you would be mindful that we do have a
11 short agenda, though, so if you can keep your
12 presentation under two hours. Can you do that?
13 As quickly as possible, because I know there
14 are -- Mr. Joost has got to leave early. But
15 if you want to come up and begin your
16 presentation, we will listen to that and we
17 will take that measure up.
18 MS. RANSOM: Thank you very much. Good
19 evening. My name is Lisa Ransom. I'm with the
20 Planning and Development Department, project
21 management for the visioning process.
22 There have been two that were enacted in
23 August, and this being the third of, I like to
24 call a trilogy, the Greater Arlington/Beaches
25 Vision Plan will be presented to you this
2 But before I start, I just wanted to
3 introduce the team that worked with me on the
4 vision process. Amy Hays Holliman was our
5 facilitator with the steering committee for the
6 greater Arlington Beaches committee. Adrianne
7 Lathrop was our urban core facilitator. We
8 also have our consultant on the project, the
9 Zyscovich Team, who will also be just
10 discussing our implementation and on more of a
11 theoretical viewpoint for what happens after
12 the fact with the vision plan. And also our
13 subconsultant, Chris Flagg is also here who
14 illustrated many of the drawings that we found
15 or used in our charette process, and also in
16 the document.
17 That being said, I just wanted to start
18 off with --
19 THE CHAIRMAN: You forgot one person.
20 MS. RANSOM: Oh, I'm sorry. Chairman of
21 the steering committee Mike Anania. He's our
22 focal point. He's here so many times,
23 sometimes I mistake him for an employee. But
24 yes, Mike was wonderful and helped steer the
25 committee, keep the committee on course, keep
1 the committee focused, and he's been here from
2 the beginning, and so I really do appreciate
3 all the support that he's given to staff to and
4 throughout the process.
5 I don't think we have anybody else from
6 the committee that was here. Also, I
7 appreciate all of our staff. We had much -- a
8 lot of support. We had GIS support, we had
9 Historic Preservation support. It's definitely
10 a team effort that helped put this document
12 That being said, on October 25th, the
13 greater Arlington Beaches Steering Committee
14 did vote to approve the vision plan document,
15 so we do have community support for the
16 document that you have before you. And the
17 process involved -- I'm sure there was several
18 of the council members that did attend our
19 charette process, but in
21 We had them located in strategic
22 locations. We had one in historic old
24 one near FCCG. We had one in Mayport. The
25 final charette that we had was a culmination,
1 and we looked at all of the information and we
2 presented that also at the final one using
3 suggestion ideas that were gathered in all
5 And here are some photographs from the
6 actual charettes that occurred in
7 We had the documents, illustrations, as I
8 mentioned earlier, showing areas that would be
9 focused on for development for transportation
10 corridors, for commercial redevelopment
11 throughout to the area. So we had these
12 illustrations that brought all of the ideas
13 together culminating throughout. We have
14 specific ideas for each of the areas, specific
16 We have the five guiding principles that
17 came out of the charettes. They built upon the
18 community ideas. They had ideas that came from
19 the charettes. We had the steering committees
20 that helped to filter out a lot of those ideas.
21 And then we had them build upon and help to
22 create the guiding principles. That matrix is
23 in the back of every plan so that you can see
24 where all of the guiding principles emanated
25 from so that you know that they didn't just
1 come out of the air. They weren't necessarily
2 ideas that just came from a consultant, but
3 they actually were developed throughout the
5 The first guiding principle is to protect
6 neighborhood assets and character. The
7 steering committee placed a very strong
8 emphasis on preserving and protecting the
9 neighborhoods. They actually place a
10 definition for neighborhoods in the document.
11 It was something that showed importance to
12 neighborhoods that would be a distinct element
13 throughout the plan. The preservation to help
14 identify, preserve and protect and to promote
15 and enhance the neighborhood assets.
16 Of course, several of you are familiar
17 with Arlington. You know we have JU, we have a
18 lot of the colleges, we have strong commercial
19 corridors throughout, we have neighborhood
20 characters that need to be preserved and to be
21 promoted throughout. We have gateway
22 opportunities. There's the Arlington
23 Expressway. There's other large shopping
24 centers throughout. So we're looking in the
25 sub-principles to create gateways into the
1 area, but to also, as I mentioned, protect and
2 preserve the actual neighborhood character.
3 This rendering shows a potential for
4 creating that gateway identification. That was
5 one of the goals and objectives that we were
6 giving to the consultant to bring about
7 opportunities for identification and markings
8 throughout the neighborhoods.
9 We're also looking at identifying and
10 advancing the Mayport Village concept, keeping
11 the historic and scenic assets throughout the
12 entire district. And the Mayport area was
13 looked at for ecotourism. And advancing the
14 Mayport Village concept was one of the aspects
15 that was brought about in the plan. We
16 utilized the charette drawing and placed it in
17 the plan because we felt it was very important.
18 The document does support the community vision
19 for Mayport. This, of course, is a rendering
20 of future development for the Town and Country
21 area. It's also -- this is the Regency area.
22 We have the protecting community through
23 land use, growth and development for the second
24 guiding principle. We already know that we
25 have vacant and failing commercial areas in the
1 greater Arlington area. We're looking for
2 promoting greater densities and diversities of
3 land uses. There were lots of ideas for
4 redevelopment of the Regency area. So this is
5 something that was very important and came out
6 in our charettes and it carried throughout into
7 the guiding principle.
8 Again, we're looking at Regency, whether
9 it be a business park or a medical facility to
10 reuse that area. That's something that was
11 talked about and developed and agreed upon
12 throughout the steering committee process.
13 These conceptual renderings show just potential
14 redevelopment. They're looking at reuse of
15 existing buildings, not necessarily just total
16 redevelopment of the site, just flattening
17 sites, but reusing buildings and reusing
18 existing structures was something that was
19 considered very important.
20 And this is the Town and Country potential
21 redevelopment. It shows reuse as well as this
22 next shows the interior of how Town and Country
23 could actually look. This was something that
24 was very important, and this is also --
25 emphasizes the revitalization, but also
1 emphasizes maintaining the character of the
3 Improving mobility is our third guiding
4 principle. As you can see, this is a rendering
5 that shows pedestrian access cross the
6 Arlington Expressway. We need to continue to
7 connect neighborhood parks and commercial
8 centers where appropriate.
9 This is a sub-principle within the plan.
10 Utilizing natural buffers. As you can see,
11 there's greenery, there's green medians,
12 there's spaces for people to walk, there are
13 places for people to bike. These are areas
14 that the community feels need to be revitalized
15 and make accessible to the public. We want to
16 enhance connectivity. We want to improve
17 mobility. Showing the bus covers means that we
18 just need to continue to bring about commercial
19 corridors and connectivity throughout the
20 neighborhoods. We already have a shuttle that
21 goes throughout Arlington. So we can improve
22 mobility again, while advancing neighborhood
23 character and enhance the connectivity
25 Providing economic growth which advances
1 neighborhood character is a fourth principle.
2 Sub-principle is a neighborhood advancement
3 should guide non-residential use and design as
4 well as expand economic opportunities. We have
5 existing universities, as I mentioned, a Naval
6 center, the fishing village, Norman Studios.
7 One of the things that was brought about
8 in this plan was to develop ecotourism and to
9 again expand the medical industry. So we have
10 opportunities that are already existing. We
11 need to continue to utilize those and to
12 promote those throughout the district.
13 And finally, we have opportunities to
14 enhance recreational opportunities. There are
15 existing locations along the river. The
16 district does not have a lot of public
17 riverfront accessibility. There's obviously a
18 lot of riverfront, but most of it, like the
19 southeast district is already private.
20 So if there are public and private
21 opportunities, this just being an idea, we
22 don't have anything like this existing now, but
23 if you look at the drawing to the top right and
24 then the one in the middle is the Boys Harbor,
25 it could be. It could be accessible to the
1 public. It could be something that would
2 benefit both parties. It's an idea that came
3 about to provide more public access to the
4 water throughout the district. So limited
5 public access is something that the community
6 would like to change, would like to enhance.
7 So we're looking at the conservation areas
8 as well, but also utilizing existing space
9 along the river that could possibly be
10 accessible to the public. So the Cross State
11 Towing and the Boys Harbor are two areas that
12 they would like to look at in the future.
13 Enhancing those recreational opportunities
14 is part of the final guiding principle.
15 Enhancing conservation parks and recreational
16 opportunities. We have a lot of natural
17 recreational area in Arlington, and the
18 community, the steering committee as well,
19 would like to utilize and would like to access
20 that and to create more space for parks and
21 more space for trails and connectivity,
22 particularly to areas that already have
23 recreational opportunities, such as Tree Hill.
24 One of the things that I wanted to show
25 was this slide here, the access, this
1 pedestrian bridge over the Arlington
2 Expressway. When I was -- we were assigned to
3 do the charettes, one of the charettes that we
4 had was at the University Park Library. And
5 since I'm a resident of Arlington for the past
6 15 years, I wanted to participate as a
7 resident. So I took off my City of
8 Jacksonville hat and I just became a real
9 person for that session.
10 And so I sat there at the table and we
11 threw our ideas up, and one of the ideas that
12 really was very, very close to my heart was
13 having access across the Arlington Expressway,
14 because driving back and forth, I see people
15 every single day running across with children,
16 with babies, children on bikes, teenagers. I
17 have friends that live on one side and their
18 kids went to Terry Parker. And I know for a
19 fact they used to run across Arlington
20 Expressway. So this was something that was
21 very close to my heart, so that was something
22 that I asked to be put on the board.
23 And the process was if you put it on the
24 board, it would go to the steering committee
25 and potentially you could see it in the
1 document. So this came out in the document,
2 and so it's something that I know for a fact
3 was talked about at the charette because this
4 is something that was close to my heart. But
5 what's even more exciting to me is that within
6 the mobility plan that the city is working on
7 now, there is a list of prioritized projects,
8 and the pedestrian bridge across the Arlington
9 Expressway is Number 2 on the mobility plan
10 project list. So as the mobility fees become
11 enacted and become a reality, this project is
12 going to be the second on the priority list to
13 be funded once those mobility fees become
14 collected. So these vision plans are real
15 documents. They're real living, breathing
16 documents. And I think that the city is going
17 to benefit from all the hard work that's going
18 on throughout the community, and I think this
19 is something that we will continue to see these
20 projects move forward.
21 In addition to that, talking to our
22 project manager in the transportation section,
23 the city is also working with another
24 consultant with money given from the TPO.
25 Right now they have a concept to create credits
1 for the mobility fee. If the developer comes
2 in with projects in certain identified areas in
3 the vision plan, they're going to get a credit.
4 So that's something that you'll probably see
5 down the road, but I was just told this
6 literally like 30 minutes ago that the mobility
7 plan plus the vision plan will equal credits.
8 This is a concept, it's not a reality yet. But
9 I just think that is just so exciting that here
10 we are three years later having worked on these
11 vision plans and they're becoming real for real
12 projects already.
13 So that being said, I just want to turn it
14 over to Zyscovich so they can kind of conclude
15 how these vision plans can be used. But this
16 is something I think is very exciting. And
17 again, I just wanted to thank the department
18 for allowing me to work on this project. And
19 it's been the professional highlight of my
20 career, so I just wanted to thank them. I
21 appreciate all the hard work that council has
22 done on this in helping support and making this
23 a reality.
24 THE CHAIRMAN: Thank you, Ms. Ransom.
25 Any questions for Ms. Ransom?
1 COMMITTEE MEMBERS: (No response.)
2 THE CHAIRMAN: That's not Councilman
3 Redman on the bike there, is it, in the
5 MS. RANSOM: No. He was our inspiration,
7 THE CHAIRMAN: I don't think that's
8 District 4. Better check in with the district
9 council member.
10 Someone was going to wrap up? If you can
11 just wrap up in just a couple of minutes, and
12 then we'll go ahead and take action on the
14 MR. ZYSCOVICH: Thank you very much. My
15 name is Bernard Zyscovich. We're the firm that
16 was responsible for taking care of this work
17 for you. I'd like to introduce Trent Baughn,
18 project manager from our firm. I think Lisa's
19 already begun to talk about implementation.
20 We're very excited about that.
21 I wanted to draw your attention to several
22 things because this is -- many of you probably
23 don't know us or our firm. I think that it
24 should be noted that we've taken a lot of --
25 we've put a lot of energy within the vision
1 plans in really articulating specific projects
2 that have potential. So we believe that it's
3 really not a plan that's intended to sit on the
4 shelf. We're architects. We know development,
5 we do many projects, we have many projects
6 where we are both planners and/or architects
7 doing the work. So we've set it up
8 specifically for that purpose.
9 So one of the few things that I'd like to
10 draw your attention to in terms of next steps
11 would be that as we started out when we began
12 talking with communities, each one of these
13 planning districts is the size of an entire
14 city. As you know better than we do,
15 Jacksonville is just an enormous place. So we
16 think that it really would be very significant
17 to take the work that's begun in the vision
18 plans and start drawing down more specificity
19 as you get into the subdistricts of the
20 planning districts, because as we all know,
21 even within Arlington there are many different
22 parts of Arlington that really have very
23 different character. And the zoning needs to
24 be developed for that. The vision needs to be
25 continued for that. And we think that would be
1 a very important aspect of the opportunity that
2 is presented here.
3 A second one which I believe personally is
4 very, very opportune considering our economy
5 and the state of the economy is that one of the
6 kind of resources that you're sitting with,
7 although they might not be thought that way,
8 are the significant number of large shopping
9 malls that have not really been able to sustain
11 They're significant for two very important
12 reasons. One is within the plan they typically
13 occur on these corridors, and as you will see
14 in the land use component, there's been changes
15 in the land use that was really the result of
16 this work that we did which has established a
17 new land use component for you as a city. So
18 there are opportunities in terms of
19 redevelopment, density, et cetera that are
20 totally in sync with the vision plan and will
21 present those opportunities.
22 The reason that the shopping malls are
23 important are because, first of all, typically
24 they're owned by one entity so there's no need
25 for aggregation. Aggregation tends to be the
1 stumbling block for redevelopment. The second
2 reason is public-private partnerships are
3 really a very significant tool that can be used
4 in the redevelopment of certain parts of
5 cities. And with the current state of the
6 economy and the underlying ownership, there's
7 very strong reasons to begin to think about
8 some telephone calls to these owners, some
9 initiation of opportunities to begin to develop
10 a public-private relationship, because there's
11 many, many acres of undeveloped land that are
12 perfectly suited for redevelopment, for
13 connectivity with transit, for new housing, new
14 schools, new densification that would really be
15 tremendously important.
16 I think the third thing and my final
17 thing, because we could talk for a long time --
18 it's all in your document, by the way, in
19 Chapter 11 -- is the open space and
20 connectivity elements. There are barriers
21 within each of the districts that we've worked
22 on that are in the nature of major highways,
23 unutilized public space, jurisdictional
24 ownership that could be combined. So there are
25 many opportunities for a very strong and
1 enhanced open space and green space network
2 that would incorporate roadway improvements for
3 bike lanes, pedestrian pathways, et cetera.
4 Those are the perfect type of relatively
5 low-cost public improvements that could really
6 make significant changes in neighborhoods.
7 So with that, I'll stop, and if you have
8 questions, we'd be happy to assist.
9 Thank you for the chance to do this.
10 THE CHAIRMAN: Thank you very much, and
11 thank you too for all your hard work, the
12 staff's hard work, the citizens that
13 participated in the process. Looks like
14 everybody -- I don't see any battle scars. I
15 suspected you'd have a few still on crutches
16 or -- oh, okay. I see that one. I know I
17 received countless emails from countable few
18 folks on this projects, and it all turned out
19 in the end. So thank you for your
21 Mr. Bishop.
22 MR. BISHOP: Thank you, Mr. Chairman.
23 I just want to thank the department,
24 Bernard and his team, Mike Anania, chair of the
25 steering committee, and all the members of the
1 committee. This was an long, arduous and
2 oftentimes painful process we went through. I
3 think if nothing else that came out of this, a
4 whole lot of education about planning and the
5 impact of planning has made a lot of people in
6 the Arlington area a whole lot smarter than
7 they were when we started. There is now for
8 the first time a -- well, I won't call it
9 concise because it's a very large document.
10 There's a lot of stuff in there, but a body of
11 work that the communities of Arlington can
12 point to and say, This is what we want our
13 community to be.
14 They can use that as a tool to promote
15 things. They can use that as a tool to try and
16 stop things they don't think are part of their
17 vision. But it's a body of work that they can
18 use as a resource for why they want something
19 to happen or why they don't want something to
20 happen, as opposed to just simply saying, We
21 don't like something. This is a reason why
22 something works well.
23 And that will be a very valuable tool
24 going forward, and for that I thank everyone
25 that participated in the process. I think we
1 did a great job.
2 Thank you.
3 THE CHAIRMAN: Thank you, Mr. Bishop.
4 MR. BISHOP: And with that, Mr. Chairman,
5 I'll move the bill.
6 THE CHAIRMAN: Motion for --
7 MR. JOOST: Second.
8 THE CHAIRMAN: -- approval by Mr. Bishop.
9 Second by Mr. Joost.
10 Any discussion on the motion?
11 COMMITTEE MEMBERS: (No response)
12 If not, open the ballot, vote.
13 MS. LAHMEUR: Six yea, zero nay.
14 THE CHAIRMAN: By our action, you've
15 approved Item 11, 2010-847.
16 Everything else on Page 5, Items 12, 13,
17 14 and 15 are all second and rerefer as are all
18 the items on the following page, Page 6, Items
19 16 through 21.
20 We will go backwards to Page 4, Item 7,
22 Mr. Kelly, do you have a report for this?
23 MR. KELLY: Yes, sir. Thank you. To the
24 chair and to committee members, Ordinance
25 2010-817 seeks to rezone approximately 5.2
1 acres of land from the industrial heavy zoning
2 district to a planned unit development
3 essentially to allow for the industrial light
4 uses. The site plan with this development is
5 for a work release program for the federal and
6 state prison release program. The department
7 finds that this is a compatible location in
8 this industrial park. Additionally, the ITAC
9 committee, Industrial Technical Advisory
10 Committee, supported this application for it.
11 And I think the department again finds it
12 consistent with the policies and goals of the
13 comprehensive plan including future land use
14 objective 1.1 as well as Policy 1.1.10.
15 The department is supporting this
16 application with the conditions as indicated in
17 the memorandum dated November 10th to Council
18 President Webb. There are some minor
19 adjustments to the conditions that I'll read
20 into the record.
21 Condition 1 is, "The development shall be
22 subject to the original legal description dated
23 October 1st, 2000 -- to the revised legal
24 description dated November 16th."
25 Thank you for that.
1 Condition 2, "The development (sic) shall
2 be subject to the original written description
3 dated October 1st, 2010."
4 Condition 3, "The development shall be
5 subject to the original site plan dated October
6 1st, 2010."
7 And Condition 4, "The facility may be used
8 only in connection with State and Federal Work
9 Release Programs. The operator of the facility
10 shall not accept into the program any
11 individual who has been convicted of either a
12 sexually-related offense, pornography or a
13 violent crime."
14 Condition 5, "The development (sic) shall
15 be subject to Part 12 Landscaping Requirements
16 of the Zoning Code."
17 Condition 6, "The use of the Floridan
18 Aquifer for the proposed development's
19 irrigation -- I'm sorry. There's a
20 modification to Condition 6.
21 Condition 6 has been modified to read, "if
22 reclaimed water is available, the use of the
23 Floridan Aquifer shall be prohibited as a
24 primary source for irrigation water."
25 And Condition 7, "The required
1 transportation improvements shall be made in
2 accordance with the Development Services
3 Division memorandum dated October 5th, 20101,
4 or as otherwise approved by the Planning and
5 Development Department."
6 THE CHAIRMAN: All right. Thank you,
7 Mr. Kelly.
8 Mr. Reingold.
9 MR. REINGOLD: To the chair, to the
10 committee, staff and to the applicant, I just
11 had a small tweak to Condition Number 5 which
12 was "the property shall be developed in
13 accordance with Part 12 of the Zoning Code."
14 With that, I guess we would look to the
15 applicant or the agent to see if they were in
17 THE CHAIRMAN: We are going to do that in
18 just a second. Anything else, Mr. Reingold or
19 Mr. Kelly?
20 All right. This is a quasi-judicial
21 matter. Does anyone have any ex-parte
22 communication to disclose?
23 Mr. Holt.
24 MR. HOLT: Thank you, Mr. Chair. I spoke
25 yesterday by phone with Paul Harden about this
1 application and whether there was any community
2 opposition. Thank you.
3 THE CHAIRMAN: Thank you, Mr. Holt.
4 Mr. Joost.
5 MR. JOOST: Thank you. I had a brief
6 conversation yesterday as well with Mr. Harden
7 regarding this matter, just basically an
8 overall picture.
9 THE CHAIRMAN: Thank you, sir.
10 Mr. Jones, did you -- you don't have to
11 disclose here, but you're welcome to.
12 MR. JONES: Well, if I do it here, I don't
13 have to do it Tuesday night, so I'd rather go
15 I had a scheduled meeting with the -- I
16 met with the applicant, discussed locations
17 several months ago. We identified a location.
18 We had a public meeting at Paxon High School
19 about a month ago to make sure the community
20 was aware of where it was going. I met with
21 the neighborhood, the Paxon/Biltmore Community
22 Association and discussed the location and the
23 conditions that Mr. Reingold had already
24 read -- the conditions that the applicant would
25 be held to, and talked to Mr. Harden yesterday
1 about any concerns the neighbors might have
2 had. Thank you.
3 THE CHAIRMAN: Thank you, Mr. Jones.
4 Any other ex-parte to disclose?
5 COMMITTEE MEMBERS: (No response)
6 THE CHAIRMAN: Seeing none, we have a
7 public hearing scheduled this evening. The
8 public hearing is open. I have one speaker's
9 card. Charles Mann.
10 Mr. Mann.
11 MR. MANN: Charles Mann, 165 Arlington
12 Road representing the land owner. Mr. Harden
13 had to be in Tallahassee this afternoon for a
14 meeting that he couldn't avoid. He's asked me
15 to stand in with him.
16 It's my understanding that he is in
17 agreement with the conditions that has been
18 read by your council.
19 This is a relocation of an existing
20 facility in the neighborhood to what we feel
21 like would be a better and more modern
22 location, and we ask that you support your
23 committee and your planning staff and vote for
25 Thank you very much.
1 THE CHAIRMAN: Thank you, Mr. Mann.
2 MR. MANN: I'll stand by for questions.
3 THE CHAIRMAN: So you agree to the
4 conditions read by Mr. Kelly and the
5 modification made by Mr. Reingold?
6 MR. MANN: It is my understanding that
7 Mr. Harden did, yes, sir.
8 THE CHAIRMAN: All right. Thank you, sir.
9 And, Mr. Reingold, I see your hand up.
10 MR. REINGOLD: Mr. Kelly brings up a
11 really good point, and actually he brings it up
12 in defense of the applicant.
13 Condition Number 4 says, "The facility may
14 be used only in connection with State and
15 Federal Work Release Programs."
16 Mr. Kelly was concerned, and I think it's
17 a legitimate concern, is that the intent of
18 that condition was not to nullify the other
19 uses listed within the written description. I
20 believe the intent was to say, "If you use this
21 as a residential-treatment-facility-type
22 facility, then these are the requirements that
23 you need to meet." But all of the other listed
24 uses are always available to the applicant.
25 I didn't know if it might be more
1 appropriate to say, "If the facility is used as
2 a residential treatment facility, the facility
3 may be used only in connection with State and
4 Work Release Programs," and the condition hold,
5 just to make sure it's clear to everybody that
6 certainly the property could be used as a
7 medical clinic, a bank, a bulk storage yard and
8 the like. I just make that comment and didn't
9 know if the committee or staff or the applicant
10 wanted to make a change.
11 MR. MANN: And through the chair to
12 Mr. Reingold, that is our understanding that
13 the other uses would still be allowed in
14 addition to the residential job training center
15 that we're trying to establish at this
17 MR. HOLT: Move the bill as amended.
18 MR. REDMAN: Second.
19 THE CHAIRMAN: Mr. Holt makes that
20 amendment to the conditions. Second by
21 Mr. Redman.
22 Discussion on that?
23 We'll make that amendment in just a
24 second, Mr. Mann. Stand by.
25 Any questions for Mr. Mann?
1 COMMITTEE MEMBERS: (No response)
2 THE CHAIRMAN: All right. Seeing none,
3 thank you, Mr. Mann.
4 Anyone else care to address the committee?
5 AUDIENCE MEMBERS: (No response)
6 THE CHAIRMAN: Seeing no one, the public
7 hearing is closed.
8 Mr. Holt made the amendment. Second by
9 Mr. Redman.
10 Any discussion on the amendment?
11 COMMITTEE MEMBERS: (No response)
12 THE CHAIRMAN: If not, all those in favor
13 say yes -- oh, Mr. Reingold.
14 MR. REINGOLD: I just want to read it into
15 the record so that --
16 THE CHAIRMAN: Sure, go ahead.
17 MR. REINGOLD: -- we could all be on the
18 same page.
19 If the property is utilized as a
20 residential treatment facility, the facility
21 may be only -- may be used only in connection
22 with State and Federal Work Release Programs.
23 The operator of the facility shall not accept
24 into the program any individual who has been
25 convicted of either: (a), a sexually-related
1 offense; (b) pornography; or, (c) a violent
3 THE CHAIRMAN: Thank you, Mr. Reingold.
4 That's exactly what Mr. Holt said I think.
5 All right. Discussion or any further
6 discussion on the amendment?
7 COMMITTEE MEMBERS: (No response)
8 THE CHAIRMAN: All right. All those in
9 favor say yes.
10 COMMITTEE MEMBERS: Yes.
11 THE CHAIRMAN: Opposed say no.
12 COMMITTEE MEMBERS: (No response)
13 THE CHAIRMAN: By our action, you've
14 approved the amendment.
15 Mr. Mann, do you accept the revised --
16 MR. MANN: Yes, sir, we do.
17 THE CHAIRMAN: -- amendment?
18 Thank you very much.
19 MR. JOOST: Move the bill as amended.
20 MR. R. BROWN: Second.
21 THE CHAIRMAN: Motion on the bill as
22 amended by Mr. Joost. Second by Mr. Brown,
23 Reggie Brown.
25 COMMITTEE MEMBERS: (No response)
1 THE CHAIRMAN: If not, open the ballot,
3 MS. LAHMEUR: Six yea, zero nay.
4 THE CHAIRMAN: By our action, you have
5 approve Item 7, 2010-817 as amended.
6 MR. MANN: Thank you very much.
7 THE CHAIRMAN: Thank you, Mr. Mann.
8 The remaining items on that page are all
9 deferred, Items 8, 9 and 10. And moving
10 backwards to Page 2 at the beginning, Items 1,
11 2 and 3 are deferred as are all the items on
12 Page 3, Items 4, 5 and 6.
13 And I think that completes the agenda.
14 Anything else to come before the
16 AUDIENCE MEMBERS: (No response)
17 THE CHAIRMAN: All right. Well, I
18 appreciate everybody coming tonight and I wish
19 everybody a happy holiday season. Staff,
20 committee members, we will see you next year.
21 I'm going to give everybody LUZ meetings off
22 until next year. How's that? What a bonus.
23 All right. Thank you.
24 (The above proceedings were adjourned at
25 5:45 p.m.)
1 C E R T I F I C A T E
2 STATE OF
3 COUNTY OF DUVAL )
4 I, Tina Hutcheson, Court Reporter, certify that
5 I was authorized to and did stenographically report
6 the foregoing proceedings and that the transcript is
7 a true and complete copy of my stenographic notes.
9 Dated this 12th day of December 2010.
13 Court Reporter