1 CITY OF
2 LAND USE AND ZONING
3 COMMITTEE
4
5
6 Proceedings held on Tuesday, October 19,
7 2010, commencing at 5:00 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 JOHN CRESCIMBENI, Chair.
RAY HOLT, Vice Chair.
14 WILLIAM BISHOP, Committee Member.
DON REDMAN, Committee Member.
15 STEPHEN JOOST, Committee Member.
DICK BROWN, Committee Member.
16
17 ALSO PRESENT:
18 JOHN CROFTS, Deputy Director, Planning Dept.
SEAN KELLY, Chief, Current Planning.
19 KEN AVERY, Planning and Development Dept.
STEPHEN SMITH, Planning and Development Dept.
20 DYLAN REINGOLD, Office of General Counsel.
MERRIANE LAHMEUR, Legislative Assistant.
21 SHARONDA DAVIS, Legislative Assistant.
22 - - -
23
24
25
Diane M.
Tropia, Inc.,
2
1 P R O C E E D I N G S
2 October 19, 2010 5:00 p.m.
3 - - -
4 THE CHAIRMAN: All right. Good evening,
5 everyone.
6 We're going to call to order the
7 October 19th, 2010, Land Use and Zoning
8 Committee meeting.
9 My name is John Crescimbeni. I'm the
10 chairman of the committee, and we're going to
11 start by going around the dais and everybody can
12 introduce themselves for the record, beginning
13 with Mr. Crofts on the far right there.
14 MR. CROFTS: Good evening.
15 My name is John Crofts, and I'm
16 representing the Planning and Development
17 Department.
18 MR. KELLY: Sean Kelly, Planning and
19 Development.
20 MR. AVERY: Ken Avery, Planning and
21 Development.
22 MR. REINGOLD: Dylan Reingold with the
23 Office of General Counsel.
24 MR. D. BROWN: Dick Brown, City Council.
25 MR. BISHOP: Bill Bishop, City Council,
Diane M.
Tropia, Inc.,
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1 District 2.
2 MR. REDMAN: Don Redman, City Council,
3 District 4.
4 THE CHAIRMAN: And Mr. Ray Holt is here.
5 He's in the back, I think, on the phone, and I
6 do have an excused absence from Councilman
7 Reggie Brown. We have two Browns on the
8 committee. One is here and one isn't.
9 So, with that, Mr. Reingold, would you like
10 to read the LUZ preamble, the LUZ statement?
11 MR. REINGOLD: Yes, sir.
12 First off, in general announcements, anyone
13 who would like to address the committee must
14 fill out a yellow speaker's card in its
15 entirety. The yellow speakers' cards are
16 located on the desk up front, near the podium.
17 Once completed, please return the speaker's card
18 to the basket on the front desk.
19 Any person who lobbies the City for
20 compensation is considered a lobbyist and is
21 therefore required to register their lobbying
22 activity with the City Council secretary. If
23 you are a lobbyist and have not registered with
24 the City Council secretary, you will not be
25 permitted to address the committee.
Diane M.
Tropia, Inc.,
4
1 Because a verbatim transcript of the
2 meeting will be prepared by a court reporter, it
3 is important that you speak clearly into the
4 microphone when you address the committee. It's
5 also important that only one person speak at a
6 time.
7 Any tangible material submitted with a
8 speaker's presentation, such as documents,
9 photographs, plans, drawings, et cetera, shall
10 become a permanent part of the public record and
11 will be retained by this committee.
12 As a courtesy, please switch any cell
13 phones, pagers, or audible devices to a silent
14 mode.
15 Additionally, there shall be no public
16 displays of support or opposition, so please
17 refrain from applause or speaking out of turn.
18 Items are generally addressed in the order
19 in which they are listed on the agenda. Copies
20 of the agenda are located on the desk up front,
21 near the podium.
22 On occasion, items may be heard out of
23 order for the sake of efficiency or to
24 accommodate scheduling conflicts.
25 Unless there is a formal hearing on a
Diane M.
Tropia, Inc.,
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1 particular item, each member of the public is
2 limited to a three-minute presentation.
3 Presentations should be focused, concise, and
4 address only the item pending before the
5 committee.
6 Prior to addressing the committee, please
7 state your name and address for the court
8 reporter.
9 Decisions on rezonings, including PUDs,
10 waivers of road frontage, sign waivers, and
11 appeals, are all considered quasi-judicial in
12 nature and certain protocals will be followed
13 for these proceedings.
14 First, each committee member must disclose
15 on the record any ex-parte communications they
16 have had with any members of the public prior to
17 the hearing on each applicable item. This
18 includes a brief statement of when the
19 communication took place, who the communication
20 was with, and what the subject matter of the
21 communication was about.
22 Second, the normal format is to allow the
23 applicant or agent thereof to make their
24 presentation first, followed by members of the
25 public who wish to speak in support of the item,
Diane M.
Tropia, Inc.,
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1 then members of the public who are in opposition
2 will be allowed to speak.
3 After all the public comments have been
4 received, the applicant will have a brief
5 opportunity to wrap up or present a brief
6 rebuttal. The wrap-up or rebuttal shall be
7 limited to the issues brought up by the
8 speakers.
9 In some instances, the Chair may permit a
10 concise surrebuttal or response to the
11 applicant's rebuttal, which will be followed by
12 a brief final response by the applicant.
13 Finally, all quasi-judicial decisions must
14 be based on substantial competent evidence,
15 which means that the committee's decision must
16 be supported by fact-based testimony or expert
17 testimony and not generalized concerns or
18 opinions.
19 (Mr. Joost enters the proceedings.)
20 THE CHAIRMAN: Thank you, Mr. Reingold.
21 Let the record reflect that
22 Councilman Joost has joined us.
23 And, with that, we will begin on page 2 of
24 our agenda. Item 1, 2010-326, will be deferred
25 this evening. We have a public hearing
Diane M.
Tropia, Inc.,
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1 scheduled on that bill on November 2nd, which is
2 our next meeting, in two weeks.
3 That takes us to item 2, 2010-373. I have
4 a note from the district councilman, the council
5 president, saying that -- for the LUZ Committee
6 to move forward on this item.
7 So, with that, Mr. Kelly, are you -- can
8 you give your report on item 2, 2010-373,
9 please.
10 MR. KELLY: Certainly. Thank you.
11 To the chair and to the committee, rezoning
12 ordinance 2010-373 seeks to rezone approximately
13 4.91 acres of land from PUD to residential low
14 density 80. This property was rezoned from
15 rural residential to PUD in 2005 to allow for a
16 subdivision of approximately 13 lots with
17 80-foot widths on this roadway.
18 The department is now reviewing this as a
19 conventional rezoning, basically allowing the
20 same residential, low density uses that were
21 previously allowed under the RR zoning, in
22 addition to the -- the residential density of
23 RLD-80, which is consistent with the existing
24 PUD.
25 The property, again, is -- south side of
Diane M.
Tropia, Inc.,
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3 The department finds that it is consistent
4 with the 2030 Comprehensive Plan. Additionally,
5 it meets the goals, objectives, and policies,
6 specifically future land use element policy
7 1.1.7, objective 3.1, objective 3.11, and 3.15.
8 We find that this rezoning to RLD 80 does
9 not conflict with any portion of the City's land
10 use codes, and the department is recommending
11 approval.
12 THE CHAIRMAN: Thank you, Mr. Kelly.
13 This is a quasi-judicial matter, so I've
14 got some ex-parte communication to disclose.
15 I had a conversation with the applicant's
16 counsel, David Abraham, on the 15th of October
17 with regard to a letter sent to the council
18 president that I was copied on. I think staff
19 has a copy of that letter dated October 15th.
20 I also have Mr. Webb's communication today,
21 which I forwarded to staff, to take this matter
22 up.
23 And I had a conversation with the
24 applicant's counsel, Mr. Abraham, with regard to
25 Mr. Webb's notice that the LUZ Committee was to
Diane M.
Tropia, Inc.,
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1 move forward on this item.
2 Anyone else have any ex-parte to declare?
3 COMMITTEE MEMBERS: (No response.)
4 THE CHAIRMAN: All right. Seeing no one,
5 then, the public hearing is open. I have
6 several speaker cards.
7 Mr. Abraham, are you in the audience?
8 MR. ABRAHAM: (Indicating.)
9 THE CHAIRMAN: Did you want to speak first
10 or --
11 MR. ABRAHAM: Well, actually, I'll let some
12 of the congregation members speak first, if
13 that --
14 THE CHAIRMAN: Okay. Sure.
15 Ms. Irwin, Beth Irwin.
16 (Audience member approaches the podium.).
17 AUDIENCE MEMBER: My name is Beth Irwin,
18 I-r-w-i-n, and I live at 10418 Marble,
19 M-a-r-b-l-e, Egret, E-g-r-e-t, Drive, in
20
21 I live approximately two streets to the
22 north. My subdivision is just off of Hood
23 Road.
My family has been here in
24 since 1920. I was actually born here, one of
25 the few, the proud.
Diane M.
Tropia, Inc.,
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1 I'm here in support of my congregation
2 being able to build our church there. It's nice
3 as a former military attorney to be able to come
4 home and to proudly have our very own church
5 that close to where I live, so I am 100 percent
6 in support of it.
7 And I would also like to note that I am a
8 member of the Interfaith Council of
9
10 increasing diversity here in the city, so put me
11 down as in support, and I am open to any
12 questions if you need answers.
13 THE CHAIRMAN: Okay. Thank you, Ms. Irwin.
14 Any questions from the committee?
15 COMMITTEE MEMBERS: (No response.)
16 THE CHAIRMAN: All right. Seeing none,
17 thank you, ma'am.
18 Our next speaker is Tracey Kabali --
19 hopefully I'm pronouncing that correctly --
20 AUDIENCE MEMBER: That's correct.
21 THE CHAIRMAN: -- followed by Dr. Karen
22 Schuster.
23 (Audience member approaches the podium.)
24 AUDIENCE MEMBER: Good afternoon.
25 My name is Tracey Kabali. That's
Diane M.
Tropia, Inc.,
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1 K-a-b-a-l-i. I live at
2
3 of this application.
4 I have been in
5 years.
I'm a teacher in
6 often talk to my students about the freedoms we
7 have in this country, so I would -- I am in
8 support of this application to have our church.
9 Thank you.
10 THE CHAIRMAN: Thank you, ma'am.
11 Any questions from the committee?
12 COMMITTEE MEMBERS: (No response.)
13 THE CHAIRMAN: All right. Seeing none,
14 Dr. Schuster, followed by Glenn Schuster.
15 (Audience member approaches the podium.)
16 AUDIENCE MEMBER: I'm Dr. Karen Schuster.
17 I live at
18
19 I've been a resident of
20 over 20 years. I'm a college professor here,
21 and I've been a member of this congregation for
22 that time. We've outgrown our current facility
23 and we really look forward to being able to
24 build a new church at this site. It's not easy
25 to find a location within the county borders for
Diane M.
Tropia, Inc.,
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1 that, so I'm very strongly in support of this
2 rezoning application.
3 Thank you.
4 THE CHAIRMAN: Thank you, Dr. Schuster.
5 Any questions from the committee?
6 COMMITTEE MEMBERS: (No response.)
7 THE CHAIRMAN: All right. Seeing none,
8 Glenn Schuster, followed by David Abraham.
9 (Audience member approaches the podium.)
10 AUDIENCE MEMBER: My name is Glenn
11 Schuster. That's spelled S-c-h-u-s-t-e-r.
12 I'm -- live at
13
14 I'm an engineer. I work for the Corps of
15 Engineers, and just want to say that I support
16 this application and hope to see it passed.
17 THE CHAIRMAN: Thank you, Mr. Schuster.
18 Any questions from the committee?
19 COMMITTEE MEMBERS: (No response.)
20 THE CHAIRMAN: All right. Seeing none,
21 Mr. Abraham.
22 (Mr. Abraham approaches the podium.)
23 MR. ABRAHAM: Good evening, Mr. Chairman,
24 members of the committee.
25 I am David Abraham. I am the counsel for
Diane M.
Tropia, Inc.,
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1 the applicant.
2 I felt that it was important tonight to
3 bring a face to this application, which you've
4 not seen other than mine thus far, and I'm very
5 proud and, quite frankly, touched with the
6 number of members of the congregation that
7 wanted to show up tonight to show their support
8 for this application.
9 As Mr. Kelly noted, this property was
10 previously zoned RR prior to being rezoned as a
11 PUD in 2005. We've received the staff
12 recommendation. We've received the Planning
13 Commission recommendation. We had a little
14 detour here, but we do feel that our use is
15 consistent with the neighborhood.
16 We would also note that the adjacent
17 property owners purchased their property in
18 1998. And, at that time, when our property was
19 zoned RR, that rezoning -- that zoning
20 classification would have also permitted a
21 church to be located where we're proposing to
22 build our church.
23 I appreciate your consideration of our
24 application. I'm here to answer any questions
25 which you might have.
Diane M.
Tropia, Inc.,
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1 THE CHAIRMAN: Thank you, Mr. Abraham.
2 Are the folks in the first few rows, are
3 they all from the congregation even though they
4 didn't speak?
5 They could raise their --
6 MR. ABRAHAM: Yeah.
7 AUDIENCE MEMBERS: (Indicating.)
8 MR. ABRAHAM: Yeah, these are all our
9 people.
10 THE CHAIRMAN: We appreciate y'all coming
11 this evening.
12 Any questions from the committee for
13 Mr. Abraham?
14 COMMITTEE MEMBERS: (No response.)
15 THE CHAIRMAN: All right. Thank you,
16 Mr. Abraham.
17 Any other speakers wish to address the
18 committee? I have no more speaker cards.
19 AUDIENCE MEMBERS: (No response.)
20 THE CHAIRMAN: All right. Seeing none,
21 then, the public hearing is closed.
22 MR. HOLT: Move the bill.
23 MR. BISHOP: Second.
24 THE CHAIRMAN: Motion on the bill by
25 Mr. Holt, second by Mr. Bishop.
Diane M.
Tropia, Inc.,
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1 Discussion on the motion?
2 COMMITTEE MEMBERS: (No response.)
3 THE CHAIRMAN: If not, open the ballot,
4 vote.
5 (Committee ballot opened.)
6 MR. CRESCIMBENI: (Votes yea.)
7 MR. HOLT: (Votes yea.)
8 MR. BISHOP: (Votes yea.)
9 MR. D. BROWN: (Votes yea.)
10 MR. JOOST: (Votes yea.)
11 MR. REDMAN: (Votes yea.)
12 (Committee ballot closed.)
13 MS. LAHMEUR: Six yeas, zero nay.
14 THE CHAIRMAN: By our action, you've
15 approved item 2, 2010-373.
16 Turning to page 3, item 3, 2010-389, is
17 deferred. We will have a public hearing on that
18 on the 2nd of November, two weeks from tonight.
19 Item 4, 2010-585, we will take no action on
20 that tonight. We do have a public hearing
21 scheduled. The public hearing is open. I have
22 no speaker cards.
23 Anyone care to address the committee?
24 AUDIENCE MEMBERS: (No response.)
25 THE CHAIRMAN: Seeing no one, the public
Diane M.
Tropia, Inc.,
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1 hearing is continued until November 16th.
2 Item 5 is deferred.
3 Turning to page 4, item 6, 2010-596, is
4 deferred. Item 7, 2010-618, is deferred.
5 Item 8, 2010-624.
6 Mr. Crofts.
7 MR. CROFTS: Mr. Chairman, members of the
8 committee, item 8, ordinance 2010-624, seeks to
9 rezone property in the amount of 26.80 acres
10 located at
11 6, in Council District 8, from IBP, or
12 industrial business park, and rural residential
13 acre to PUD for the express use and continued
14 development within the mission of its owner,
15
16 This request for a PUD rezoning
17 complements, in part, the preceding application
18 for a semiannual land use amendment that was
19 adopted by the City Council recently from BP to
20 RPI, residential-professional-institutional.
21 Specifically, the project description for
22 this application includes provisions for the
23 accommodation of a senior living facility for up
24 to 80 beds for dwelling units, along with a
25 variety of other uses such as a family life
Diane M.
Tropia, Inc.,
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1 center; gymnasium; other educational,
2 recreational, day care, self-development, and
3 similar service facilities under the auspices of
4 the church's operation.
5 It should be pointed out that the district
6 councilmember conducted a community meeting on
7 this proposal on August 31st, 2010, to present
8 the proposal to the community and respond to
9 questions from the participants.
10 The department states that the intended
11 plan of development meets all portions of the
12 City's land use regulations, and the applicant
13 has been put on notice that it will be required
14 to meet all further land development procedures
15 included in the City's manual for such,
16 including the ten-set process, as the project
17 proceeds.
18 The department finds the application is
19 internally compatible with the conditions
20 imposed by the department and is also externally
21 compatible. We are comfortable with the
22 intensity of the project at this location and
23 found it to be consistent with future land use
24 element policies 1.110, 1.116, 1.120, 1.122,
25 1.38, and policy 3.24. All these policies
Diane M.
Tropia, Inc.,
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1 promote PUDs, allow for innovative planning,
2 prohibit scattered development, and maintain
3 compact growth and compatibility, along with
4 promoting connectivity.
5 Staff recommends approval with the
6 following conditions:
7 Condition number 1, "The development shall
8 be subject to the original legal description
9 dated June 15th, 2010."
10 Number 2, "The development shall be subject
11 to the revised written description dated
12 October 7th, 2010."
13 Number 3, "The development shall be subject
14 to the original site plan dated March 12th,
15 2009."
16 Number 4, "Transportation improvements
17 shall be made in accordance with the Development
18 Services Division memorandum dated July 27th,
19 2010, or as otherwise approved by the Planning
20 and Development Department."
21 Condition number 6 -- number 5, I would
22 note to the applicant in the audience that it's
23 slightly been rewritten, but it reads as
24 follows: "The property shall be developed in
25 accordance with Part 12 of the zoning code and
Diane M.
Tropia, Inc.,
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1 with a minimum 30-foot setback from the
2 adjoining residential uses for
3 residentially-zoned properties."
4 Sixth and finally, "No senior living
5 facility shall be permitted on the portion of
6 the site designated as low density residential."
7 That's it.
8 THE CHAIRMAN: Thank you, Mr. Crofts.
9 This is a quasi-judicial matter. Does
10 anyone have any ex-parte communication to
11 disclose?
12 COMMITTEE MEMBERS: (No response.)
13 THE CHAIRMAN: All right. Seeing none, we
14 have a public hearing scheduled this evening.
15 The public hearing is open.
16 Do we have any speaker cards on this item?
17 MS. DAVIS: No.
18 THE CHAIRMAN: No?
19 Who is going to accept the --
20 (Audience member approaches the podium.)
21 THE CHAIRMAN: Are you the applicant?
22 AUDIENCE MEMBER: Yes.
23 THE CHAIRMAN: If you will state your name
24 and address for the record and fill out a card
25 afterwards.
Diane M.
Tropia, Inc.,
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1 AUDIENCE MEMBER: Okay.
2 Henry Hoff,
3 THE CHAIRMAN: And your relationship --
4 MR. HOFF: I'm the agent.
5 THE CHAIRMAN: You're an agent for the --
6 MR. HOFF: Yeah.
7 THE CHAIRMAN: Okay. Did you hear the
8 conditions read into the record?
9 MR. HOFF: Yes.
10 THE CHAIRMAN: Do you accept each of those
11 conditions --
12 MR. HOFF: Yes.
13 THE CHAIRMAN: -- as read?
14 Okay. Thank you, sir.
15 If you will fill the card out and just
16 leave it on the table, we'll pick it up.
17 Any questions for Mr. Hall?
18 COMMITTEE MEMBERS: (No response.)
19 THE CHAIRMAN: It was Mr. Hall, Right?
20 MR. HOFF: Hoff.
21 THE CHAIRMAN: Hoff. I'm sorry. Mr. Hoff.
22 All right. Anyone else care to address the
23 committee?
24 AUDIENCE MEMBERS: (No response.)
25 THE CHAIRMAN: All right. Seeing no one,
Diane M.
Tropia, Inc.,
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1 the public hearing is closed.
2 MR. HOLT: Move the amendment.
3 MR. REDMAN: Second.
4 THE CHAIRMAN: Motion on the amendment by
5 Mr. Holt, second by Mr. Redman.
6 Discussion on the amendment, which were the
7 conditions?
8 COMMITTEE MEMBERS: (No response.)
9 THE CHAIRMAN: If not, all those in favor
10 say yes.
11 COMMITTEE MEMBERS: Yes.
12 THE CHAIRMAN: Opposed say no.
13 COMMITTEE MEMBERS: (No response.)
14 THE CHAIRMAN: By our action, you've
15 adopted the amendment.
16 MR. HOLT: Move the bill as amended.
17 MR. BISHOP: Second.
18 THE CHAIRMAN: Motion on the bill as
19 amended by Mr. Holt, discuss- -- I mean, second
20 by Mr. Bishop.
21 Discussion?
22 COMMITTEE MEMBERS: (No response.)
23 THE CHAIRMAN: If not, open the ballot,
24 vote.
25 (Committee ballot opened.)
Diane M.
Tropia, Inc.,
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1 MR. CRESCIMBENI: (Votes yea.)
2 MR. HOLT: (Votes yea.)
3 MR. BISHOP: (Votes yea.)
4 MR. D. BROWN: (Votes yea.)
5 MR. JOOST: (Votes yea.)
6 MR. REDMAN: (Votes yea.)
7 (Committee ballot closed.)
8 MS. LAHMEUR: Six yeas, zero nay.
9 THE CHAIRMAN: By your action, you have
10 approved item 8, 2010-624, as amended.
11 Turning to page 5, item 9, 2010-628.
12 Mr. Kelly.
13 MR. KELLY: Thank you.
14 To the chair and committee, ordinance
15 2010-628. This is a rezoning from a previous
16 PUD approved in 2006. Also, this is being done
17 in conjunction with a land use amendment which
18 was recently approved by City Council earlier
19 this year to the neighborhood commercial.
20 This property, again, is at the southwest
21 corner of
22 seeks to develop a neighborhood commercial
23 center on approximately 33 acres of land at
24 Garden and
25 The department finds that grant of this
Diane M.
Tropia, Inc.,
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1 PUD, with the conditions as proposed -- you'll
2 actually find a revised written description that
3 was handed out earlier. This was submitted to
4 us earlier this week. The department is -- is
5 fine.
6 The only changes on that written
7 description between the previously-approved
8 written description -- deal with the removal of
9 multifamily uses as a permitted use integrated
10 with commercial and as a permissible use by
11 exception. The department is fine with that. I
12 believe it was a negotiated agreement with some
13 of the neighborhood residents, so the department
14 has no objection to that.
15 Again, this is going to be neighborhood
16 commercial uses. We're looking at uses that are
17 of a scale that's appropriate in intensity and
18 use and provides for a gradual transition of
19 densities and intensities within that area.
20 The department found, again, that this
21 rezoning is consistent with the comprehensive
22 plan, specifically promoting 1.1.10, as well as
23 1.1.22, and 1.3.8 of the future land use
24 element.
25 Additionally, the department finds that it
Diane M.
Tropia, Inc.,
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1 is internally compatible, and it was reviewed
2 specifically with regards to internal
3 compatibility criteria regarding landscaping,
4 traffic, pedestrian circulation, the use, and a
5 variety of building sizes and architectural
6 styles, setbacks, buffering, signage, and
7 lighting.
8 The department finds that this PUD is able
9 to accommodate that criteria. And with the
10 conditions as proposed, incorporation of the
11 intent and spirit of the vision plan -- of the
12 Northwest Vision Plan and with the written
13 description, the architectural guidelines that
14 are provided within the PUD, the department
15 feels that this is a very good PUD and is
16 supporting this subject to the seven conditions
17 from the memorandum dated August 26th directed
18 to the president of City Council, Jack Webb.
19 There are some amendments. As I said, the
20 written description -- I will read them into the
21 record as they have been amended, but there are
22 some minor amendments in discussing this with
23 Office of General Counsel and with the applicant
24 that I believe are both agreeable to, so --
25 Condition 1, "The development shall be
Diane M.
Tropia, Inc.,
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1 subject to the original legal description dated
2 July 23rd, 2010."
3 Condition 2, "The development shall be
4 subject to the revised written description dated
5 August 26th, 2010."
6 Condition 3, "The development shall be
7 subject to the original site plan dated
8 July 23rd, 2010."
9 Condition 4 has been struck.
10 Condition 5, "The property shall be
11 developed in accordance with the Northwest
12 Vision Plan, subject to the review and approval
13 of the Planning and Development Department."
14 Condition 6, which is actually now
15 condition 5, to clarify, "The property shall be
16 developed in accordance with the
17 Design Guidelines and Best Practices Handbook."
18 And condition 7, as indicated in the
19 memorandum, had been struck as the language was
20 incorporated into the written description.
21 If there's any other questions, be glad to
22 answer.
23 THE CHAIRMAN: Thank you, Mr. Kelly.
24 Any questions from the committee?
25 COMMITTEE MEMBERS: (No response.)
Diane M.
Tropia, Inc.,
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1 THE CHAIRMAN: All right. Seeing none,
2 this is a quasi-judicial matter. Does anyone
3 have any ex-parte communication to disclose?
4 COMMITTEE MEMBERS: (No response.)
5 THE CHAIRMAN: All right. We have a public
6 hearing scheduled this evening. The public
7 hearing is open. I have one speaker's card,
8 Paul Harden.
9 (Audience member approaches the podium.)
10 MR. HARDEN: Thank you, Mr. Chairman.
11 Paul Harden,
12 I'm really here for questions.
13 I want to make a couple of comments on
14 Sean's changes to the conditions.
15 Generally, I'm fine with them. I just want
16 to clarify, for the record, number 2, "The
17 development shall be subject to the revised
18 written description dated August 26th, 2010,"
19 it is, on its face, described as a "second"
20 revised written description. The written
21 description was revised at the request of the
22 Planning Department, then at Planning Commission
23 there were some neighbors there that wanted a
24 couple of changes, so -- which took out some
25 uses.
Diane M.
Tropia, Inc.,
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1 I took those uses out, and so it's -- it's
2 described as the "second written" on the face of
3 the document, although, as Dylan will point out,
4 that -- it's -- there's not another revised in
5 there, but I just wanted to clarify that for the
6 record.
7 With regard to what will be now
8 condition 4, it read, when the Planning
9 Department wrote it, "The property will be
10 developed per the spirit and intent of the
11 Northwest Vision Plan, subject to review and
12 approval of the Planning and Development
13 Department." I would prefer that language as
14 opposed to taking out the term "spirit and
15 intent," simply because there are some technical
16 inconsistencies with the Northwest Vision Plan
17 as to the size of buildings and the like.
18 We're happy to comply with the Northwest
19 Vision Plan. In fact, the Northwest Vision Plan
20 indicates this as the node for commercial
21 development in the area, so it -- we're
22 consistent with that, but technically the
23 building sizes are the same, so I would prefer
24 to use the language that the Planning Department
25 has in their original report if no one has an
Diane M.
Tropia, Inc.,
28
1 objection to that.
2 With that, I am agreeable to condition 1,
3 which is the legal description; condition 2,
4 which is the revised written description; 3,
5 which is the original site plan. The original 4
6 is out. The new 4, I would prefer to use the
7 "spirit and intent" language. And 5 remains the
8 same, except after -- where it starts
9 section 1 through 110 is marked out, to answer
10 the question I know you're going to ask me.
11 THE CHAIRMAN: Thank you, Mr. Harden.
12 Mr. Kelly or Mr. Reingold, do we need to
13 clarify condition 2 to be described as the
14 second revised written description and is there
15 an opinion from the department with regard to
16 using what used to be condition 5 as the new
17 condition 4?
18 MR. REINGOLD: I'll address the technical
19 question with respect to the revised written
20 description.
21 As Mr. Harden correctly states, it says,
22 "PUD, second revised written description" on
23 it. However, when we do the ordinances -- this
24 bill has never been amended before, so,
25 technically, with regards to City Council, it is
Diane M.
Tropia, Inc.,
29
1 the first revised written description that
2 you've had before you, and that's -- and the
3 first one that would be attached to this bill.
4 So I think from a legislative standpoint, it
5 would be more clear to just have it dated
6 August 26th, which is the proper date, and call
7 it the "revised written description."
8 I'll defer to staff as to the "spirit and
9 intent," and also defer to this council as to
10 the language that you would prefer and also to
11 the applicant.
12 THE CHAIRMAN: Thank you, Mr. Reingold.
13 Mr. Kelly.
14 MR. KELLY: The department has no objection
15 to keeping the original language.
16 THE CHAIRMAN: Okay. So, Mr. Harden, you
17 accept the conditions as read into the record
18 with the understanding that the new condition 4
19 will be stricken and replaced with the language
20 of the old condition 5?
21 MR. HARDEN: Yes, sir.
22 May I just read them briefly into the
23 record so there's no --
24 THE CHAIRMAN: Sure.
25 MR. HARDEN: The conditions that I think
Diane M.
Tropia, Inc.,
30
1 everyone is agreeable to is:
2 Condition 1, "The development shall be
3 subject to the original legal description dated
4 July 23rd, 2010."
5 Condition 2, "The development shall be
6 subject to the revised written description dated
7 August 26th, 2010."
8 Condition 3, "The development shall be
9 subject to the original site plan dated
10 July 23rd, 2010."
11 Condition 4, "The property will be
12 developed per the spirit and intent of the
13 Northwest Vision Plan, subject to the review and
14 approval of the Planning and Development
15 Department."
16 And 5, "All architectural elevations and
17 commercial development proposed on the site
18 shall be consistent with the
19 Guidelines and Best Practices Handbook," period.
20 THE CHAIRMAN: Mr. Reingold.
21 MR. REINGOLD: And, again, whatever
22 direction the committee wants to go. Staff read
23 it as -- the last condition was, "The property
24 shall be developed in accordance with." Does
25 staff or the applicant or the committee have a
Diane M.
Tropia, Inc.,
31
1 preference as to which way that reads?
2 MR. HARDEN: The way I read it is on --
3 what's on the report, so I just as soon use
4 that.
5 THE CHAIRMAN: Any objections from staff?
6 MR. KELLY: No objections.
7 THE CHAIRMAN: Okay. Any questions for
8 Mr. Harden?
9 COMMITTEE MEMBERS: (No response.)
10 THE CHAIRMAN: All right. Thank you,
11 Mr. Harden.
12 MR. HARDEN: Thank you, Mr. Chairman.
13 THE CHAIRMAN: Anyone else care to address
14 the committee?
15 AUDIENCE MEMBERS: (No response.)
16 THE CHAIRMAN: All right. Seeing no one,
17 then, the public hearing is closed.
18 MR. REDMAN: Move the amendment.
19 MR. HOLT: Second.
20 THE CHAIRMAN: Motion on the amendment by
21 Mr. Redman, I believe; second by Mr. Holt, if
22 I've got that correct.
23 Any discussion on the amendment?
24 COMMITTEE MEMBERS: (No response.)
25 THE CHAIRMAN: If not, all those in favor
Diane M.
Tropia, Inc.,
32
1 say yes.
2 COMMITTEE MEMBERS: Yes.
3 THE CHAIRMAN: Opposed say no.
4 COMMITTEE MEMBERS: (No response.)
5 THE CHAIRMAN: By our action, you've
6 adopted the amendment.
7 MR. BISHOP: Move the bill as amended.
8 MR. HOLT: Second.
9 THE CHAIRMAN: Motion on the bill as
10 amended by Mr. Bishop, second by Mr. Holt.
11 Discussion on the bill?
12 COMMITTEE MEMBERS: (No response.)
13 THE CHAIRMAN: If not, open the ballot,
14 vote.
15 (Committee ballot opened.)
16 MR. CRESCIMBENI: (Votes yea.)
17 MR. HOLT: (Votes yea.)
18 MR. BISHOP: (Votes yea.)
19 MR. D. BROWN: (Votes yea.)
20 MR. JOOST: (Votes yea.)
21 MR. REDMAN: (Votes yea.)
22 (Committee ballot closed.)
23 MS. LAHMEUR: Six yeas, zero nay.
24 THE CHAIRMAN: By your action, you have
25 approved item 9, 2010-628, as amended.
Diane M.
Tropia, Inc.,
33
1 Item 10 is deferred.
2 Item 11. Mr. Smith.
3 MR. SMITH: Yes. Thank you, Mr. Chairman.
4 To the Chair and committee members,
5 ordinance 2010-696 seeks an application for a
6 performance-based development agreement for
7 reserving traffic circulation capacity. The
8 property consists of approximately
9 117.38 acres. It's located on
10 between
11 The proposed development includes
12 approximately 840,000 enclosed square feet of
13 warehousing uses and 460,000 enclosed square
14 feet of light industrial uses. The duration of
15 the development agreement is for ten years.
16 Staff has reviewed the application for
17 compliance with Part 2, Chapter 655, Ordinance
18 Code, and does have a recommendation to approve.
19 Thank you.
20 THE CHAIRMAN: Thank you, Mr. Smith.
21 We have a public hearing scheduled on this
22 tonight. The public hearing is open. I have
23 one speaker's card, Paige Johnston.
24 MS. JOHNSTON: Questions.
25 THE CHAIRMAN: Any questions from the
Diane M.
Tropia, Inc.,
34
1 committee?
2 COMMITTEE MEMBERS: (No response.)
3 THE CHAIRMAN: All right. Thank you,
4 Ms. Johnston. No questions.
5 Anyone else care to address the committee?
6 AUDIENCE MEMBERS: (No response.)
7 THE CHAIRMAN: All right. Seeing no one,
8 the public hearing is closed.
9 MR. HOLT: Move the bill.
10 MR. REDMAN: Second.
11 THE CHAIRMAN: Motion on the bill by
12 Mr. Holt, second by Mr. Redman.
13 Discussion?
14 COMMITTEE MEMBERS: (No response.)
15 THE CHAIRMAN: If not, open the ballot,
16 vote.
17 (Committee ballot opened.)
18 MR. CRESCIMBENI: (Votes yea.)
19 MR. HOLT: (Votes yea.)
20 MR. BISHOP: (Votes yea.)
21 MR. D. BROWN: (Votes yea.)
22 MR. JOOST: (Votes yea.)
23 MR. REDMAN: (Votes yea.)
24 (Committee ballot closed.)
25 MS. LAHMEUR: Six yeas, zero nay.
Diane M.
Tropia, Inc.,
35
1 THE CHAIRMAN: By your action, you have
2 approved item 11, 2010-696.
3 Item 12, 2010-720.
4 Mr. Kelly.
5 MR. KELLY: Thank you.
6 To the chair and commission [sic],
7 ordinance 2010-720. This is actually a
8 variance, which is a variance from the Bayard
9 Master Plan, which was approved as a PUD in
10 2009. It's a form-based zoning code, which the
11 City adopted for the area of Bayard, and the
12 master plan, which is basically form-based code
13 in terms of intensity of uses and -- and
14 density, which is made up of various transects,
15 T-5 being the highest transect for this area.
16 This location is actually within the T-5
17 district, within the overall overlay of this.
18 However, there's some history to this property.
19 This is located on
20 Bayard, between
21 Street. This subject property was rezoned
22 originally in 2005-1083 as a commercial center
23 within that PUD.
24 The PUD itself allowed for a drive-through;
25 however, the limitations within the PUD
Diane M.
Tropia, Inc.,
36
1 specifically limited the drive-through to
2 breakfast and pastry items only. They didn't
3 want a fast-food restaurant as part of the
4 community plan, drive-through, outparcel-type of
5 restaurant as part of that, so the PUD was
6 adopted that way.
7 However, subsequently, in 2009, with the
8 adoption of the Bayard Master Plan, the
9 form-based zoning, that overall PUD became
10 basically moot, and now the applicant is before
11 you filing this variance basically to allow for
12 a drive-through to regain the use that he had
13 under the previous PUD in 2005.
14 The department has reviewed this. It's
15 kind of an oddball application. It's an
16 ordinance that's -- or a variance that's
17 required to be approved by an ordinance subject
18 to zoning exception criteria, so it's kind of a
19 mixed bag.
20 The department, again, has reviewed this
21 and finds it consistent with all of the zoning
22 exception criteria found in 656.131. We are
23 recommending approval without any conditions.
24 THE CHAIRMAN: Thank you, Mr. Kelly.
25 Does the -- does a variance in the master
Diane M.
Tropia, Inc.,
37
1 plan require any signage to be posted prior to
2 the public hearing?
3 MR. KELLY: Yes. The --
4 THE CHAIRMAN: The traditional variance
5 sign?
6 MR. KELLY: Correct.
7 The notification procedures were the same
8 for this application as would be anywhere. It's
9 just the criteria that it's subject to is
10 exception criteria, but it's defined as a
11 variance.
12 THE CHAIRMAN: And the previous exception
13 was conditional to a limited drive-through use,
14 but this would not be; is that correct?
15 MR. KELLY: That's correct.
16 In 2005, the original PUD that was adopted
17 for this site allowed for a drive-through use;
18 however, it was limited to those breakfast and
19 pastry items. They didn't want a -- kind of
20 stand-alone, fast-food drive-through as part of
21 that development, which is not the case.
22 The site is currently constructed and built
23 and they're looking to lease the space for a
24 tenant, which is in the end unit of this
25 shopping center, and they do have a
Diane M. Tropia, Inc.,
38
1 drive-through component with that that has been
2 already really reviewed through the ten-set
3 civil plan review and he's obtained traffic
4 engineering support and approval as well.
5 THE CHAIRMAN: This is the shopping center
6 at the foot of Old
7 MR. KELLY: That's correct.
8 THE CHAIRMAN: All right. Thank you, sir.
9 This is a quasi-judicial matter. Does
10 anyone have ex-parte communication to disclose?
11 COMMITTEE MEMBERS: (No response.)
12 THE CHAIRMAN: All right. We have a public
13 hearing scheduled this evening. The public
14 hearing is open. I have no speakers' cards.
15 Does anyone care to address the committee?
16 AUDIENCE MEMBERS: (No response.)
17 THE CHAIRMAN: Nobody? All right. Seeing
18 no one, the public hearing is closed.
19 MR. HOLT: Move the amendment to grant the
20 variance.
21 MR. BISHOP: Second.
22 THE CHAIRMAN: Motion on the amendment to
23 grant the variance by Mr. Holt, second by
24 Mr. Bishop.
25 Any discussion on the amendment?
Diane M.
Tropia, Inc.,
39
1 COMMITTEE MEMBERS: (No response.)
2 THE CHAIRMAN: If not, all those in favor
3 say yes.
4 COMMITTEE MEMBERS: Yes.
5 THE CHAIRMAN: Opposed say no.
6 COMMITTEE MEMBERS: (No response.)
7 THE CHAIRMAN: By our action, you've
8 adopted the amendment to grant the variance.
9 MR. HOLT: Move the bill to grant the
10 variance.
11 MR. BISHOP: Second.
12 THE CHAIRMAN: Motion on the bill as
13 amended by Mr. Holt, second Mr. Bishop.
14 Discussion?
15 COMMITTEE MEMBERS: (No response.)
16 THE CHAIRMAN: If not, open the ballot,
17 vote.
18 (Committee ballot opened.)
19 MR. CRESCIMBENI: (Votes yea.)
20 MR. HOLT: (Votes yea.)
21 MR. BISHOP: (Votes yea.)
22 MR. D. BROWN: (Votes yea.)
23 MR. JOOST: (Votes yea.)
24 MR. REDMAN: (Votes yea.)
25 (Committee ballot closed.)
Diane M.
Tropia, Inc.,
40
1 MS. LAHMEUR: Six yeas, zero nay.
2 THE CHAIRMAN: By our action, you have
3 approved item 12, 2010-720, with an amendment to
4 grant the variance.
5 Mr. Kelly, was there a particular type of
6 drive-through that was going to -- was there a
7 particular establishment that was moving in
8 there?
9 MR. KELLY: I believe -- is Dr. McLamb
10 here?
11 AUDIENCE MEMBER: Yes, sir.
12 THE CHAIRMAN: Just curious.
13 AUDIENCE MEMBER: There is a young man that
14 is opening a restaurant that's going to serve --
15 THE CHAIRMAN: You need to come up to the
16 microphone.
17 AUDIENCE MEMBER: Excuse me.
18 (Audience member approaches the podium.)
19 THE CHAIRMAN: And just give your name and
20 address --
21 AUDIENCE MEMBER: My name is James McLamb.
22 I'm the owner of the shopping center.
23 The tenant in that end cap is a young man
24 who's opening a restaurant that will be called
25 the Bayard Cafe. It's going to serve breakfast
Diane M.
Tropia, Inc.,
41
1 and lunch only.
2 THE CHAIRMAN: Okay. It's a great-looking
3 shopping center. I go to church not too far
4 from there, and I was commenting the other day
5 that it's -- it's so nice; I can't understand
6 why there's not any more tenants --
7 MR. McLAMB: We can't either. It's been a
8 tough road.
9 THE CHAIRMAN: I know. I feel for you
10 because it's a great facility, so --
11 MR. McLAMB: Well, we're hanging in.
12 THE CHAIRMAN: All right. Good luck.
13 MR. McLAMB: Thank you.
14 THE CHAIRMAN: Top of page 6, item 13,
15 2010-751, is deferred.
16 Item 14, 2010-767.
17 Mr. Kelly.
18 Oh, I'm sorry. We're going to -- we're not
19 going to do a report on that.
20 We have a public hearing this evening.
21 This item is going to be deferred tonight.
22 There's a work- -- there's a special Rules
23 Committee meeting that will occur on Monday at
24 10 a.m., I think in these chambers. There's a
25 possibility that we may tack onto that as a
Diane M.
Tropia, Inc.,
42
1 special LUZ Committee meeting, so heads up to
2 committee members.
3 We're going to defer this bill tonight. We
4 do have a public hearing. You're welcome to
5 speak, but you may want to reserve your comments
6 for Monday, if we have a joint meeting with
7 Rules, or the next LUZ Committee in which we
8 take the measure up, so -- your choice.
9 The public hearing is open. I have
10 speakers' cards from Mr. Peskin -- Mr. Peskin,
11 do you care to address the committee?
12 AUDIENCE MEMBER: Yes.
13 (Audience member approaches the podium.)
14 AUDIENCE MEMBER: Kenneth Peskin.
15 I'm not a resident of
16 for the International Sign Association out of
17
18 though I am a lobbyist, I'm not being
19 compensated for being here. It's -- my presence
20 here is being paid by my own organization, so I
21 wasn't sure how to fill all that out. I just
22 wanted to sort of note that on -- on the
23 record.
24 My organization and some of our -- our
25 member companies locally, our perspective on the
Diane M.
Tropia, Inc.,
43
1 issue is -- we feel that the ordinance, as it
2 pertains to -- I believe it's defined as
3 "temporary directional real estate signs" is
4 largely a settled issue. At this point, it's a
5 noncontroversial issue, is -- is ready to go.
6 We don't want that issue to be delayed, but
7 there is significant concern about a number of
8 the -- the proposed language and the process as
9 it deals with the changing message device
10 portion of the ordinance.
11 I -- the City's perspective and -- and I
12 believe a number of our members' perspectives is
13 we would support the separation of the two
14 bills -- or the bill into two, so as not to
15 delay the real estate provisions and still give
16 the adequate time and discussion to -- to the
17 changing message portions of the ordinance.
18 I think -- additionally, I can't really
19 speak entirely to the text of the ordinance
20 itself. In part, yesterday, during the -- I
21 guess it was the Rules Committee agenda meeting,
22 it was noted that there was going to be some
23 amended language dealing with a provision, I
24 think, as it would apply to -- to churches or
25 some other uses. I still haven't been able --
Diane M.
Tropia, Inc.,
44
1 gotten a chance to see that, so I don't know
2 exactly the entirety of what's going to be the
3 text of the -- of the ordinance proposal in its
4 final form, but I think that speaks to sort of
5 the nature of this happening very, very quickly,
6 the need to have the appropriate amount of
7 participation, deliberation, and input from
8 various representative sectors of the community
9 and -- and the desire not to delay the real
10 estate provisions of the ordinance as part of
11 that.
12 Thank you.
13 THE CHAIRMAN: Mr. Peskin, are you
14 receiving compensation to be at the podium here
15 tonight --
16 MR. PESKIN: No.
17 THE CHAIRMAN: -- from your employer?
18 MR. PESKIN: I am -- I am a full-time
19 employee who deals in -- with the International
20 Sign Association, who -- I do local --
21 THE CHAIRMAN: Mr. Reingold, can you give
22 him any -- before you leave, he will let you
23 know whether you need to fill out a form or
24 not. I'm not sure.
25 MR. PESKIN: Certainly.
Diane M.
Tropia, Inc.,
45
1 THE CHAIRMAN: Mr. Reingold will get back
2 with you.
3 Any questions from the committee?
4 COMMITTEE MEMBERS: (No response.)
5 THE CHAIRMAN: All right. Mr. Fitzgerald,
6 do you care to address the committee?
7 AUDIENCE MEMBER: Here just for questions,
8 sir.
9 THE CHAIRMAN: Dan Tomlin.
10 (Audience member approaches the podium.)
11 THE CHAIRMAN: Is it Dan?
12 AUDIENCE MEMBER: Yes, it is Dan Tomlin.
13 Good afternoon -- or good evening,
14 actually.
15 I'm an owner of a -- of a store called
16 American Bedliners & Truck Accessories on
18 Recently, I had approached a -- several
19 sign people, one in particular. I was asking
20 for permission to put up and possibly start
21 getting permitting and whatnot on a message sign
22 so I can advertise on my street and display, you
23 know, my sales and -- and things that are going
24 on, you know, weather, temperature, as well as,
25 of course, you know, discounts and sales, just
Diane M. Tropia,
Inc.,
46
1 to try to promote business and bring business
2 into my store.
3 As you know, business right now is kind of
4 tough. The way that I -- I read this and the
5 way it was proposed to me is that this bill is
6 including a changing message device inside of a
7 real estate bill, and I don't -- I don't really
8 see how they correlate, but, like the gentleman
9 before me mentioned, it probably should be split
10 apart with, you know, no objections on the real
11 estate part of it, but the changing message part
12 would greatly affect my business.
13 I'm looking to purchase a sign. However,
14 if I -- if the rule is that I can't, you know,
15 cycle the sign once every three minutes or
16 whatever the rule is -- I haven't fully
17 understood it, but the way that I -- it was
18 proposed to me was that it -- it would affect
19 the rotation time.
20 We have 1.5 million people traveling east
21 and west on my street, in front of my shop.
22 And, of course, if I delayed it three minutes
23 between signs, whether I offer one sale for
24 tires, one sale for alignments, I would lose
25 a -- you know, the opportunity to address all
Diane M.
Tropia, Inc.,
47
1 those customers with multiple needs.
2 So I think that, honestly, this should be
3 split apart, and I do not agree with the
4 changing message device being part of a real
5 estate sign.
6 Thank you.
7 THE CHAIRMAN: Thank you, Mr. Tomlin.
8 Any questions from the committee?
9 COMMITTEE MEMBERS: (No response.)
10 THE CHAIRMAN: All right. Mr. Randy
11
12 (Audience member approaches the podium.)
13 AUDIENCE MEMBER: Randy Taylor, 4162
15 Just wanted to go on record that I do
16 oppose 2010-767. As everybody before me has
17 mentioned, I just feel that this bill should be
18 separated. The real estate sign and the message
19 changing devices have no correlation.
20 The -- I -- as I said before, I approve the
21 real estate signs, that's fine, let that go
22 through. Let's not hold up the real estate
23 people.
24 And I think this is -- you know, in all due
25 fairness to everybody that owns one of these
Diane M.
Tropia, Inc.,
48
1 boards, we should do a separate bill where we
2 can get the people that -- the time they need to
3 come out and voice their opinions and do the
4 research and let's find out what is an
5 appropriate time. I'm not saying that it should
6 be three minutes; I'm not saying that it should
7 be three seconds. I'm just saying that we
8 should take the time to sit down and find out
9 what is a good time and let everybody that's
10 involved come to a -- a decision that everybody
11 agrees upon, everybody can live with.
12 It is a -- an economic hardship right now
13 for everybody, and I don't think this is coming
14 up at a very good time. Everybody right now is
15 trying to make a living the best way they know
16 how. And the people that have invested the time
17 and the money to purchase these for the last
18 23 years, there's never been an issue, there
19 hasn't been any citations, there's never been
20 any more accidents, there's no reports of any
21 accidents due to these boards, so I think what
22 we need to do is sit down and let's -- let's
23 talk about this and let's find out where the
24 problem lies, if there is a problem.
25 And, in all due fairness to everybody that
Diane M.
Tropia, Inc.,
49
1 owns one of these, I think we should separate
2 this bill and let's -- let's take this up as a
3 separate matter and let the real estate bill go
4 through.
5 THE CHAIRMAN: Thank you, Mr. Taylor.
6 Any questions from the committee?
7 COMMITTEE MEMBERS: (No response.)
8 THE CHAIRMAN: All right. Art Ettlinger.
9 (Audience member approaches the podium.)
10 THE CHAIRMAN: I'm sorry if I'm
11 mispronouncing your name.
12 AUDIENCE MEMBER: My name is Art Ettlinger,
13 Jax Lanes,
14
15 I'm opposing this bill. It just -- it's
16 just going to hurt my business too much, and I
17 appreciate it.
18 THE CHAIRMAN: Thank you, sir.
19 Any questions from the committee?
20 COMMITTEE MEMBERS: (No response.)
21 THE CHAIRMAN: All right. Thank you, sir.
22 And the last speaker card, Angie
23 Coleman-Rao.
24 (Audience member approaches the podium.)
25 THE CHAIRMAN: I didn't have Hooked on
Diane M.
Tropia, Inc.,
50
1 Phonics when I was a kid, so I'm sorry if I'm
2 pronouncing your name incorrectly, but --
3 AUDIENCE MEMBER: It's Rao (pronouncing),
4 but that's okay.
5 I'm Angie Coleman-Rao. I reside at 11578
6
7 I'm here today representing my employer,
8 Jax Federal Credit
9 of these signs on
10 be available Monday, so I'm here today to oppose
11 the ordinance to not allow our sign to change
12 more frequently than three-minute intervals.
13 We are a heavily-regulated federal credit
14 union. And in order to provide clear and
15 conspicuous messaging on our products and be in
16 compliance with regulations like Reg C, which is
17 Truth in Lending, there are trigger terms.
18 Whenever we say there's a rate, we have to make
19 sure that we disclose all of the conditions on
20 our products and services, and we normally try
21 to keep our messages slow and in a scrolling
22 manner and try not to -- we try to avoid any
23 obnoxious blinking signs because we want people
24 to read what it is that we have.
25 We are at a stop sign and traffic gets
Diane M.
Tropia, Inc.,
51
1 backed up, and the intention was, as people are
2 stopped in traffic, that they might be able to
3 see our sign, see the product that interests
4 them, and come inside and hopefully purchase
5 that product.
6 We -- this sort of technology is expensive
7 and we invested in it several years ago and
8 would like to continue realizing a benefit from
9 this type of message signage that -- that we
10 have.
11 That's all.
12 THE CHAIRMAN: Okay. Thank you --
13 Ms. Coleman-Rao, was it?
14 MS. COLEMAN-RAO: Yes, that's correct.
15 THE CHAIRMAN: All right. Any questions
16 from the committee?
17 COMMITTEE MEMBERS: (No response.)
18 THE CHAIRMAN: When you were sold your sign
19 for the -- were you part of the purchase process
20 on your sign?
21 MS. COLEMAN-RAO: Yes, I was.
22 THE CHAIRMAN: Were you advised of any
23 restrictions that the City had on how often the
24 message could change --
25 MS. COLEMAN-RAO: No.
Diane M.
Tropia, Inc.,
52
1 THE CHAIRMAN: -- by the sign contractor?
2 MS. COLEMAN-RAO: No. We believed that it
3 was allowed.
4 THE CHAIRMAN: Who sold you your sign?
5 MS. COLEMAN-RAO: Taylor Sign.
6 THE CHAIRMAN: Thank you, ma'am.
7 Any other speakers care to address the
8 committee?
9 AUDIENCE MEMBERS: (No response.)
10 MR. REINGOLD: (Indicating.)
11 THE CHAIRMAN: All right. Mr. Reingold,
12 you don't want to address the committee, do
13 you? You're going to answer a question for us?
14 MR. REINGOLD: (Nods head.)
15 THE CHAIRMAN: Okay. Seeing no other
16 speakers, the public hearing is closed -- I'm
17 sorry, continued.
18 Mr. Reingold.
19 MR. REINGOLD: To the committee, with
20 respect to the question regarding lobbying and
21 lobbying registration, pursuant to
22 Section 602.801 of the ordinance code, there are
23 two types of people who don't have to register
24 that I believe we kind of heard from people this
25 evening.
Diane M.
Tropia, Inc.,
53
1 One was a person not exempt under
2 paragraphs 1 through 4 and otherwise meeting the
3 definition of "lobbyist" who receives no
4 compensation as a lobbyist. The second is a
5 principal or an officer or employee of a
6 principal who performs lobbying activities as
7 part of his or her assigned duties.
8 THE CHAIRMAN: So I think, then, to answer
9 Mr. Peskin's question, he does not need to fill
10 out a form. Okay?
11 MR. REINGOLD: I heard he -- that was kind
12 of his job at that -- at that company.
13 THE CHAIRMAN: Very good.
14 All right. So item 14, 2010-767, the
15 public hearing is continued and there's no
16 further action on that bill tonight.
17 Item 15 is deferred. Item 16 is read
18 second, as is item 17, 18, and 19.
19 And I believe that completes our agenda.
20 Is there anything else to come before the
21 committee?
22 COMMITTEE MEMBERS: (No response.)
23 THE CHAIRMAN: All right. Seeing none,
24 then, this meeting is adjourned.
25 (The above proceedings were adjourned at
Diane M.
Tropia, Inc.,
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1 5:49 p.m.)
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Diane M.
Tropia, Inc.,
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1 C E R T I F I C A T E
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3 STATE OF
4 COUNTY OF DUVAL :
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6 I, Diane M. Tropia, certify that I was
7 authorized to and did stenographically report the
8 foregoing proceedings and that the transcript is a
9 true and complete record of my stenographic notes.
10 Dated this 24th day of October, 2010.
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14 Diane M. Tropia
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Diane M.
Tropia, Inc.,