1 CITY OF
2 LAND USE AND ZONING
3 COMMITTEE
4
5
6 Proceedings held on Wednesday, September 8,
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.
DICK BROWN, Committee Member.
15 DON REDMAN, Committee Member.
STEPHEN JOOST, Committee Member.
16 REGGIE BROWN, 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.
DYLAN REINGOLD, Office of General Counsel.
21 MERRIANE LAHMEUR, Legislative Assistant.
SHARONDA DAVIS, Legislative Assistant.
22
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23
24
25
Diane M.
Tropia, Inc.,
2
1 P R O C E E D I N G S
2 September 8, 2010 5:00 p.m.
3 - - -
4 THE CHAIRMAN: All right. Good afternoon,
5 everyone.
6 We're going to go ahead and convene the
7 September 8th meeting of the Land Use and Zoning
8 Committee.
9 I'm the chairman, Councilman John
10 Crescimbeni, and we will begin by going around
11 the dais, starting with Mr. Crofts on my right.
12 MR. CROFTS: Good evening.
13 My name is John Crofts, and I'm
14 representing the Planning and Development
15 Department.
16 MR. KELLY: Sean Kelly, Planning and
17 Development.
18 MR. HUXFORD: Folks Huxford, Planning and
19 Development.
20 MR. AVERY: Ken Avery, Planning and
21 Development.
22 MR. REINGOLD: Dylan Reingold at the Office
23 of General Counsel, and I would like to steal
24 someone's thunder and welcome to our committee
25 Councilmember Dick Brown.
Diane M. Tropia, Inc.,
3
1 MR. D. BROWN: Thank you so much.
2 I'm Dick Brown, newly appointed to fill
3 Art Graham's vacancy. It's an honor to be
4 here. And I just want to welcome all of you
5 folks who showed up to welcome me tonight. That
6 is what you're here for, isn't it?
7 Thank you.
8 MR. JOOST: Stephen Joost, City Council,
9 Group 3, at-large.
10 MR. HOLT: Ray Holt, District 11.
11 MR. BISHOP: Bill Bishop, District 2.
12 MR. REDMAN: Don Redman, District 4.
13 THE CHAIRMAN: All right. Thank you,
14 everyone.
15 And, yes, Mr. Brown, welcome.
16 Mr. Brown has some LUZ experience from
17 prior service on the City Council. We're going
18 to put that to use tonight right off the bat.
19 And for those of you who don't know
20 Mr. Brown, Mr. Brown has a great sense of
21 humor. So when we get really bogged down in
22 things, look for some brevity from Mr. Brown to
23 kind of lighten things up for the moment.
24 Mr. Reingold, would you like to begin by
25 reading the preamble?
Diane M.
Tropia, Inc.,
4
1 MR. REINGOLD: I would be delighted. I'm a
2 little rusty.
3 But before I get started, I believe another
4 Councilmember Brown has joined us.
5 THE CHAIRMAN: Oh, I'm sorry, yes.
6 Councilmember Reggie Brown has joined us.
7 So this ought to be interesting. If both of
8 y'all push your request to speak buttons, I'm
9 not sure, we'll have to -- I'll say, "the
10 closest Brown" or "the furthest away Brown" so
11 we can differentiate between the two of you.
12 All right. Mr. Reingold.
13 MR. REINGOLD: Absolutely, sir.
14 Anyone who would like to address the
15 committee must fill out a yellow speaker's card
16 in its entirety. The yellow speakers' cards are
17 located on the desk up front, near the podium.
18 Once completed, please return the speaker's card
19 to the basket on the front desk.
20 Any person who lobbies the City for
21 compensation is considered a lobbyist and is
22 therefore required to register their lobbying
23 activity with the City Council secretary. If
24 you are a lobbyist and have not registered with
25 the City Council secretary, you will not be
Diane M.
Tropia, Inc.,
5
1 permitted to address the committee.
2 Because a verbatim transcript of this
3 meeting will be prepared by a court reporter, it
4 is important that you speak clearly into the
5 microphone when you address the committee. It's
6 also important that only one person speak at a
7 time.
8 Any tangible materials submitted with a
9 speaker's presentation, such as documents,
10 photographs, plans, drawings, et cetera, shall
11 become a permanent part of the public record and
12 will be retained by this committee.
13 As a courtesy, please switch any cell
14 phones, pagers, or audible devices to a silent
15 mode.
16 Additionally, there shall be no public
17 displays of support or opposition, so please
18 refrain from applause or speaking out of turn.
19 Items are generally addressed in the order
20 in which they are listed on the agenda. Copies
21 of the agenda are located on the desk up front,
22 near the podium.
23 On occasion, items may be heard out of
24 order for the sake of efficiency or to
25 accommodate scheduling conflicts.
Diane M.
Tropia, Inc.,
6
1 Unless there is a formal hearing on a
2 particular item, each member of the public is
3 limited to a single three-minute presentation;
4 therefore, presentations should be focused,
5 concise, and address only the items pending
6 before the committee.
7 Prior to addressing the committee, please
8 state your name and address for the court
9 reporter.
10 Decisions on rezonings, including PUDs,
11 waivers of road frontage, sign waivers, and
12 appeals, are all considered quasi-judicial in
13 nature and certain protocols will be followed
14 for these items.
15 First, each committee member must disclose
16 on the record any ex-parte communications they
17 have had with any members of the public prior to
18 the hearing on each applicable item. This
19 includes a brief statement of when the
20 communication took place, who the communication
21 was with, and what the subject matter of the
22 communication was about.
23 Second, the normal format is to allow the
24 applicant or agent thereof to make their
25 presentation first, followed by members of the
Diane M.
Tropia, Inc.,
7
1 public who wish to speak in support of the item,
2 then members of the public who are in opposition
3 will be allowed to speak.
4 After all the public comments have been
5 received, the applicant will have a brief
6 opportunity to wrap up or present a brief
7 rebuttal. The wrap-up or rebuttal shall be
8 limited to the issues brought up by the
9 speakers.
10 In some instances, the Chair may permit a
11 concise surrebuttal or response to the
12 applicant's rebuttal, which will be followed by
13 a brief final response by the applicant.
14 Finally, all quasi-judicial decisions must
15 be based on substantial competent evidence,
16 which means that the committee's decision must
17 be supported by fact-based testimony or expert
18 testimony and not generalized concerns or
19 opinions.
20 THE CHAIRMAN: Thank you, Mr. Reingold.
21 We have a fairly busy agenda this evening.
22 We do have what may turn out to be some
23 controversial items on the agenda, so I will ask
24 the audience to be respectful of those speaking
25 at the podium. You heard Mr. Reingold's
Diane M.
Tropia, Inc.,
8
1 statement about no public demonstrations. That
2 doesn't allow for any applause, jeering,
3 cheering. We're going to conduct ourselves in a
4 professional manner and I hope you will
5 participate in that endeavor.
6 It's my intent to go through the agenda in
7 the order that it's posted. We may have a
8 council member that's not on the committee join
9 us to take up some matters out of order. If
10 that occurs, we will do so.
11 But, with that said, we will begin with
12 item 1, although Merriane or -- does the
13 audience have a corrected version of the
14 agenda?
15 MS. LAHMEUR: Yes.
16 THE CHAIRMAN: Okay. So if you have a copy
17 of the agenda -- and they're up here on the
18 front table -- you're welcome to review that.
19 It will show you what items will be deferred
20 tonight or which items we will take no action on
21 after we open and continue the public hearings.
22 All right. So item 1, 2010-373.
23 Mr. Kelly.
24 Oh, I'm sorry. This item is -- this item
25 is actually going to be deferred tonight. We do
Diane M.
Tropia, Inc.,
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1 have a scheduled public hearing.
2 The public hearing is open. I have one
3 speaker's card, David Abraham.
4 Mr. Abraham, if you'd like to make your way
5 forward if you're here.
6 (Audience member approaches the podium.)
7 THE CHAIRMAN: And if you'll begin -- if
8 all speakers will begin their remarks by stating
9 their name and address, and we do restrict
10 comments to three minutes. There's a light tree
11 in front of you here. When it goes to yellow,
12 you need to start wrapping up. And when it goes
13 to red, you are -- you should have concluded
14 your remarks.
15 So, Mr. Abraham, go ahead.
16 AUDIENCE MEMBER: Thank you, Chairman.
17 My name is David Abraham. My address is
19 32202.
20 I am the counsel for the applicant,
21 Yabah 9, LLC. We filed this application for
22 rezoning in April. We received department
23 recommendation, we received Planning Commission
24 approval. I appeared before you at the April --
25 at the August 25 meeting, at which time
Diane M. Tropia, Inc.,
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1 Council President Webb had requested a
2 deferral.
3 I did reach out to the adjacent owner, who
4 is the only opposition to the application.
5 Essentially, the issue is I have someone
6 who desperately wants to sell their property for
7 a multiple of the appraised value. We have not
8 been able to come to terms at this point. We
9 are not having further discussions regarding
10 that sale.
11 There was a request to further defer us for
12 this meeting for the purpose of resolving that,
13 and I am -- and stand ready to do so. But,
14 quite frankly, I do not feel that the parties
15 will come to an agreement because the
16 expectations are so far apart.
17 I have personally reviewed the property; I
18 find it consistent. I believe the department
19 finds it consistent, so I respectfully request
20 that at the next meeting that our application be
21 heard and we be permitted to be heard and voted
22 on in accordance with our application.
23 Thank you.
24 THE CHAIRMAN: Thank you, Mr. Abraham.
25 That bell was not related to your time.
Diane M.
Tropia, Inc.,
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1 You still have some time left.
2 MR. ABRAHAM: I will defer to the bench,
3 and I've said what I need.
4 Thank you.
5 THE CHAIRMAN: Thank you, sir.
6 Any questions from the committee?
7 COMMITTEE MEMBERS: (No response.)
8 THE CHAIRMAN: All right. I have an
9 additional speaker's card,
10 Mr. Cole, are you here?
11 (Audience member approaches the podium.)
12 AUDIENCE MEMBER: Good evening, Council.
13
14 We own the property in question adjacent to
15 the property. Basically, our -- our voice of
16 opposition here has been and continues to be, in
17 part, the use of that property as a church,
18 considering the fact that we are located already
19 next to one church.
20 And just quickly pulling up on the -- on
21
22 looking at a Google search, there are nine
23 churches already within, like, a three- to
24 four-mile radius of the property in question
25 they're trying to get rezoned.
Diane M.
Tropia, Inc.,
12
1 It is my understanding that, if it gets
2 rezoned, then they are able to go ahead with
3 their -- with their property, and we are just
4 here to continue to voice our opposition to that
5 as it will close us in. We will be basically
6 boxed in, and it will prevent us from being able
7 to do anything else with our property should we
8 decide to sell it.
9 As he suggested, we are not desperately
10 trying to sell. We were approached by them if
11 we would be interested in selling and have yet
12 to come to a reasonable or negotiated offer on
13 the property.
14 I do have copies of the area churches that
15 are within a -- within a radius of our property,
16 and I can give you a copy of that.
17 THE CHAIRMAN: Mr. Cole, you're welcome to
18 submit that for the record, but we won't be
19 taking any action tonight. You may want to
20 reserve --
21 MR. COLE: I've got other copies of it, and
22 I'll keep it for -- I'll keep other copies for a
23 further date.
24 Thank you.
25 THE CHAIRMAN: Thank you, Mr. Cole.
Diane M.
Tropia, Inc.,
13
1 Any questions from the committee?
2 Mr. Joost.
3 MR. JOOST: Thank you for coming down.
4 At the next meeting, just make sure -- I
5 want to see pictures of the property. And what
6 you're talking about is how you're going to --
7 you know, allegedly. I don't know until I see
8 the pictures, how it's going to cut your
9 property off and diminish your property value.
10 So at least for me, I think those pictures
11 are going to be extremely important in my
12 decision.
13 MR. COLE: Okay. And we'll provide -- I
14 don't know if we have any that reflect the --
15 MR. JOOST: You can -- well, if you can,
16 you can scan them and -- I would suggest you
17 scan them and e-mail them to all the council
18 members before --
19 MR. COLE: Okay.
20 MR. JOOST: -- the next hearing in two
21 weeks so we all have a visual idea of exactly
22 what it is you're talking about.
23 MR. COLE: I understand. I understand.
24 Not a problem. We'll make that happen.
25 MR. JOOST: Thank you.
Diane M.
Tropia, Inc.,
14
1 MR. COLE: All right. Thank you.
2 THE CHAIRMAN: Any other questions?
3 COMMITTEE MEMBERS: (No response.)
4 THE CHAIRMAN: All right. Thank you,
5 Mr. Cole.
6 I have one -- I have a third speaker card,
7 and that's Angela Cole.
8 (Audience member approaches the podium.)
9 AUDIENCE MEMBER: Angela Cole, 5014
11 Just wanted to say real quick, another
12 concern of ours is the parking lot lights and
13 things like that, so I'll make sure that we take
14 pictures of what we currently are having as an
15 issue.
16 As recent as Thursday night, we had the
17 church on the other side of us keep their lights
18 on past the 10 o'clock deadline, so we had their
19 lights shining into the house.
20 And so that would be on both sides of us,
21 that we would have our property completely lit
22 up and our house completely lit up, so I'll make
23 sure we have pictures of that as well.
24 THE CHAIRMAN: Does that conclude your
25 comments, Ms. Cole?
Diane M.
Tropia, Inc.,
15
1 MS. COLE: Yes, sir.
2 THE CHAIRMAN: Thank you.
3 Any questions from the committee?
4 Mr. Joost.
5 MR. JOOST: How long have you lived at that
6 residence?
7 MS. COLE: We've owned the property since
8 '98, and we built our house in 2003.
9 MR. JOOST: And when you built your house,
10 the other properties adjacent, next to you, were
11 zoned residential?
12 (Mr. Davis enters the proceedings.)
13 MS. COLE: Yes, that's --
14 MR. COLE: Rural residential.
15 THE CHAIRMAN: Okay. Thank you.
16 MS. COLE: They were rural residential.
17 They both had homes on them, individual owners.
18 MR. JOOST: Okay. Thank you.
19 THE CHAIRMAN: Thank you, Mr. Joost.
20 Any other questions from the committee?
21 COMMITTEE MEMBERS: (No response.)
22 THE CHAIRMAN: All right. Thank you,
23 Ms. Cole.
24 Any other speakers?
25 AUDIENCE MEMBERS: (No response.)
Diane M.
Tropia, Inc.,
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1 THE CHAIRMAN: Seeing none, then the public
2 hearing is continued until September 21st.
3 This bill will be deferred, and that is at
4 the request of the district councilman.
5 Let the record reflect that Council Member
6 or soon to be State Representative Daniel Davis
7 is here.
8 Mr. Davis, I think you had a couple of
9 items that you wanted to take up.
10 Items 33 and 34 on pages 10 and 11.
11 MR. DAVIS: Yes, sir, Mr. Chairman.
12 THE CHAIRMAN: Let's go to page 10, the
13 bottom of page 10.
14 Mr. Crofts.
15 2010-619, item 33, at the bottom of
16 page 10.
17 MR. DAVIS: Mr. Chairman, before Mr. Crofts
18 goes --
19 THE CHAIRMAN: Sure.
20 MR. DAVIS: -- I just wanted to say, is
21 there anybody from the community here regarding
22 this issue? I didn't see anybody.
23 AUDIENCE MEMBERS: (No response.)
24 MR. DAVIS: That's a testament to some hard
25 work that the applicant did with some town
Diane M.
Tropia, Inc.,
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1 meetings, and I just wanted to make sure that if
2 anybody was here, they would -- they could get
3 with me.
4 But sorry about interrupting Mr. Crofts,
5 Mr. Chairman.
6 THE CHAIRMAN: Mr. Crofts.
7 MR. CROFTS: No problem.
8 Mr. Chairman and members of the committee,
9 I'm referencing item 33, ordinance 2010-619. It
10 is a proposed land use amendment to the future
11 land use map series of the 2030 Comprehensive
12 Plan seeking to modify 207.89 acres of land
13 located on the west side of Halsema -- on the
14 west side west of
15 and just east of the
16 This proposed land use recommendation is
17 from low density residential to business park.
18 It is located in the Southwest Planning District
19 and, as has already been acknowledged, is in
20 Council District 12.
21 The Planning Department staff has conducted
22 a review of this item in terms of its
23 compatibility with the surrounding land uses and
24 the impacts on those uses, consistency with the
25 applicable plans and infrastructure and overall
Diane M.
Tropia, Inc.,
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1 environmental impacts in the relationship that
2 it has with the existing neighborhoods and
3 recommends approval.
4 I would point out that it is in proximity
5 to the
6 approximately 8,300 acres. It will be in
7 support of that particular utilization of land
8 out there, and it is also in proximity to some
9 rural residential development to the east, low
10 density development -- low density residential
11 development on large lots, which we feel we've
12 obtained a product that is compatible with those
13 adjacent uses.
14 And staff, again, recommends approval.
15 THE CHAIRMAN: Thank you, Mr. Crofts.
16 I have a public hearing scheduled on
17 this -- on this item this evening. The public
18 hearing is open and I have one speaker's card,
19 T.R. Hainline.
20 (Mr. Hainline approaches the podium.)
21 MR. HAINLINE: T.R. Hainline, 1301
22 Riverplace Boulevard, representing CTB3, LLC,
23 which is the owner of the property.
24 Councilman Davis already mentioned we
25 worked extensively with the community over two
Diane M.
Tropia, Inc.,
19
1 fairly lengthy community meetings. We worked
2 extensively with the Planning Department and the
3 conditions that they recommended, and we have a
4 revised written description and revised site
5 plans to reflect everything that we agreed to
6 and worked out with the neighborhood and the
7 Planning Department in those discussions.
8 I know you've got a long agenda, so unless
9 there is something particular that either
10 Councilman Davis or you-all would like me to run
11 through, I -- for example, I could run through
12 the handful of things that we agreed to in the
13 neighborhood discussions. But unless there's
14 something specific, I'm happy to answer any
15 questions or follow your lead as to where you
16 want me to go.
17 MR. DAVIS: Mr. Chairman, I don't think we
18 need to go detail by detail. I don't want to
19 hold you up. I do want to tell you that there
20 was a large group here the first night this was
21 here. They remained involved. I believe that
22 there is some traffic issues that this project
23 is going to solve for them that they have on a
24 regular basis, and I think that a contingency in
25 here about connectivity with Cecil Commerce
Diane M.
Tropia, Inc.,
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1 Center itself with some of the Hillwood projects
2 is going to really -- that's required before
3 they can get started, and I think that's going
4 to ease a lot of traffic for them.
5 I've got to tell you, I was -- I'm very
6 surprised that there was some agreements the
7 applicant gave on a lot of issues and I think
8 the community gave on a lot of issues, and it
9 really has kind of worked out well. I think
10 it's going to be a good project.
11 There's going to be plenty of good buffers
12 that's going to -- that will buffer from the
13 large -- large lot residential area, and it
14 connects -- it's right across from the mega site
15 at Cecil, so it's clearly a major commercial
16 piece of property. So I think that we should
17 move forward.
18 I do have a question about the first
19 entryway coming off -- I would not call it a
20 cut-through, no.
21 MR. JOOST: (Inaudible.)
22 MR. DAVIS: Basically, what they're going
23 to do is, once this goes through --
24 Mr. Hainline, why don't you talk about the
25 road closure and the connectivity to --
Diane M.
Tropia, Inc.,
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1 THE CHAIRMAN: Can we talk about that on
2 the zoning side? Can we hold off on that
3 discussion or do we need to have that now?
4 MR. HAINLINE: It is part of the zoning,
5 not the comp plan amendment.
6 THE CHAIRMAN: Let's take up the land use
7 and then we'll get to the zoning --
8 MR. DAVIS: Sorry.
9 THE CHAIRMAN: -- immediately thereafter.
10 Any further questions for Mr. Hainline?
11 COMMITTEE MEMBERS: (No response.)
12 THE CHAIRMAN: All right. Seeing no one,
13 any other party wish to address the committee?
14 AUDIENCE MEMBERS: (No response.)
15 THE CHAIRMAN: Seeing no one, then the
16 public hearing is closed.
17 MR. HOLT: Move the bill.
18 MR. JOOST: Second.
19 THE CHAIRMAN: Motion by Mr. Holt, second
20 by Mr. Joost.
21 Is there discussion on the motion?
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. R. BROWN: (Votes yea.)
6 MR. JOOST: (Votes yea.)
7 MR. REDMAN: (Votes yea.)
8 (Committee ballot closed.)
9 MS. LAHMEUR: Seven yeas, zero nay.
10 THE CHAIRMAN: By your action, you've
11 approved item 33, 2010-619.
12 Turning to page 11 at the top, item 34,
13 2010-620.
14 Mr. Kelly.
15 MR. KELLY: Thank you.
16 To the Chair and to the committee members,
17 ordinance 2010-620 is the companion PUD rezoning
18 seeking to rezone the 207 acres from RR, rural
19 residential -- residential rural to the planned
20 unit development. The proposed PUD allows for
21 office distribution warehouse uses in addition
22 to commercial uses at the northern quadrant of
23 the development adjacent to the --
24 Interstate I-10.
25 The department, again, with the
Diane M.
Tropia, Inc.,
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1 negotiations that have occurred over the -- the
2 development of this, the department concurs, is
3 supporting this request with those contingencies
4 in place regarding the connection of the future
5 roadway to the Cecil Field development.
6 Additionally, the Planning Commission
7 reviewed this item and recommended approval
8 subject to the six conditions. There have been
9 some modifications. I'll go into that.
10 Condition 1 is subject to the original
11 legal description dated July 13th.
12 Condition 2 is revised to read, "The
13 development shall be subject to the revised
14 written description dated September 8th, 2010."
15 Condition 3 states, "The development shall
16 be subject to the revised site plan dated
17 August 30th, 2010."
18 Condition 4, "The required transportation
19 improvements shall be made in accordance with
20 the Development Services memorandum dated
21 July 26th, 2010, or as otherwise approved by the
22 Planning and Development Department."
23 Condition 5 has been incorporated into the
24 written description.
25 Additionally, condition 7 has been
Diane M.
Tropia, Inc.,
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1 incorporated into the written description,
2 leaving condition 6, which allows for four
3 identity monument signs, in addition to the
4 overall development signage, to be allowed along
5 the frontage abutting the limited access
6 highways, which includes
7 and I-10.
8 With that, I just had a question, a
9 clarification as to the square feet that the
10 Planning Commission approved on those four
11 signs. I think the department was looking at
12 the hierarchy. We had the two overall
13 development signs along that frontage, which
14 were 200 square feet. And I saw the sign height
15 went down, but the four additional signs were
16 also at 200, and I just wanted to clarify.
17 I kind of recalled 100, to create that
18 hierarchy, but --
19 MR. HAINLINE: Well, let me take a look at
20 that.
21 The first thing is I did -- and through the
22 Chair to Mr. Kelly, if you -- if you look at
23 page 9, under 2(a), I did build the limitation
24 on -- of four monument signs into the written
25 description, so I don't know that we need that
Diane M.
Tropia, Inc.,
25
1 condition anymore because we built it into the
2 written description.
3 But let's see. Well, I guess my
4 recollection was different as to the square
5 footage of the signs. I don't recall -- I
6 remember talking about a limitation on the -- on
7 the number of them but not on the square
8 footage.
9 I know there's a hierarchy for other
10 monument signs internally, but I don't recall
11 that there was one for those signs not
12 represented on the elevated signs.
13 THE CHAIRMAN: Mr. Kelly, are you inquiring
14 about the identity monument signs or the
15 commercial use identity monument signs?
16 MR. KELLY: There's --
17 THE CHAIRMAN: I mean the office or the
18 commercial?
19 MR. KELLY: The commercial identity
20 monument signs in actually the revised written
21 description.
22 MR. HAINLINE: At paragraph 2(a) on page 9.
23 THE CHAIRMAN: I have 2(a) on page 8.
24 MR. HAINLINE: Oh, okay. Well, they
25 reordered the numbers when they redid -- the
Diane M. Tropia, Inc.,
26
1 page numbers when they --
2 MR. KELLY: The September 8th written
3 description that I got today is on page 12.
4 MR. HAINLINE: Well, good.
5 Oh, well, that's the table. You mean the
6 table?
7 MR. KELLY: Correct. I'm looking at the
8 table. I'm sorry.
9 MR. HAINLINE: Okay. Well, there's also a
10 written --
11 MR. KELLY: That makes it easier.
12 Commercial identity monument signs on
13 Cecil Commerce Parkway and I-10, it says up to
14 four, and then the allowable square footage is
15 200 square feet.
16 Given the amount of frontage, I think the
17 department was initially concerned with the
18 proliferation of signage along the limited
19 access and we were negotiable into kind of
20 creating the hierarchy and understand the need
21 to identify the overall development.
22 Initially, we had concerns with doing very
23 specific individual parcel signage along that
24 limited access, so we --
25 We basically threw out a number at Planning
Diane M. Tropia, Inc.,
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1 Commission. It was four. The applicant was
2 agreeable to it. I just had concerns about the
3 square footage not showing. So if there's a
4 number in between there -- maybe 200 is fine,
5 given the amount of frontage.
6 Sorry to bring this up at this hour.
7 MR. HAINLINE: Yeah. This is the first
8 I've heard of this concern.
9 I'm either happy to work with Mr. Kelly to
10 see if we can come to an agreement on that
11 between now and Tuesday or -- I mean, I just
12 haven't talked to my client or anything as --
13 because we thought 200 for those particular
14 signs was okay.
15 THE CHAIRMAN: All right. Well, thank you,
16 Mr. Kelly.
17 Before we open the public hearing, this is
18 a quasi-judicial matter, does anybody have any
19 ex-parte communication to disclose?
20 COMMITTEE MEMBERS: (No response.)
21 THE CHAIRMAN: All right. Seeing no one,
22 then, the public hearing is open.
23 And, Mr. Hainline, I have your speaker
24 card. It's -- and that's the only one I have,
25 so go ahead.
Diane M.
Tropia, Inc.,
28
1 MR. HAINLINE: I guess Councilman Davis
2 suggested that maybe I go through the access
3 issue just to explain to y'all what has happened
4 here, if I understood it.
5 It would be helpful if y'all had this site
6 plan in front of you as I'm explaining it.
7 THE CHAIRMAN: Well, as that's being passed
8 out, do you agree to all the conditions that
9 were read into the record?
10 MR. HAINLINE: I do agree.
11 I incorporated the four -- maximum of four
12 signs into the written description, so I don't
13 know that it also needs a condition.
14 Was that 6 or 7, Sean? I left my thing
15 back up there.
16 MR. KELLY: That would be condition 6.
17 And then, effectively, we'd be just
18 allowing the 200 square feet by -- through the
19 incorporation of the written description.
20 MR. HAINLINE: Correct.
21 So, I mean, I -- I agreed with all the
22 conditions, but I don't know that we need that
23 number 6 now. So it would be 1 through, what --
24 MR. KELLY: Correct. We would strike 5, 6,
25 and 7.
Diane M.
Tropia, Inc.,
29
1 MR. HAINLINE: That's 1 through 4, yes.
2 So, Mr. Chairman, I agree to conditions 1
3 through 4.
4 THE CHAIRMAN: My condition 5 was the truck
5 courts. Are we striking that?
6 MR. HAINLINE: Yes.
7 THE CHAIRMAN: Okay. All right.
8 MR. HAINLINE: We've incorporated that into
9 the written description, Mr. Chairman.
10 THE CHAIRMAN: All right. Do you want to
11 address the access?
12 MR. HAINLINE: Sure. This gives some
13 background.
14 This property has an outstanding location
15 at the southeast quadrant of I-10 and Cecil
16
17 access.
Its only access is at
18 which is on the east side of the property. And
19 although it might appear that
20 intersects with Interstate 10 there at the north
21 end of the site, it doesn't. There's actually
22 an overpass of Halsema. Halsema passes over
23 I-10. So the only access is just a little bit
24 distance up at Beaver, at US-90.
25 The other thing about Halsema is that it
Diane M.
Tropia, Inc.,
30
1 extends all the way down to Cecil Commerce
2 Center, to the boundary of Cecil Commerce
3 Center; that is, the publicly-owned and
4 dedicated right-of-way extends all the way down
5 to the boundary of
6 not paved that entire distance.
7 It essentially is paved down to
8 Road, which you see on the site plan there.
9 It's unpaved past that. So the developer of
10 this property, whoever that may be -- because I
11 represent the current owner. The developer of
12 this property is either going to have to run a
13 spine road through the property, such as we are
14 proposing in the PUD, or, alternatively, the
15 developer could be provided access from Halsema,
16 both at the north end and the south end, because
17 we have frontage on Halsema, the dedicated
18 right-of-way at the north end and the south end.
19 What we learned from the neighbors is that
20 they had a variety of concerns, but one of their
21 main concerns was that Halsema -- particularly
22 south of Powell. You see, Powell is at the
23 north end of Halsema there. It says it right on
24 the site plan, "
25 South of
Diane M.
Tropia, Inc.,
31
1 residential, and they never wanted Halsema to be
2 used for anything other than residential uses.
3 If some day somebody wanted to connect Cecil to
4 Halsema, the right-of-way of Halsema at the
5 south end, that would be a bad thing for them.
6 They also did not want us to connect at the
7 south end, and they wanted our intersection with
8 our spine road and Halsema at the north end to
9 be designed in such a way such that users and
10 trucks and such from this property would --
11 would never get lost by turning down Halsema
12 essentially.
13 So what we said is we would redesign that
14 intersection at the north end. We said that we
15 would run the spine road down and to the
16 boundary of Cecil Commerce, and that we would
17 agree --
18 Everybody was looking back there. I
19 wondered if there was a commotion back there.
20 Okay. And we agreed that we would run our
21 spine road down, not only to Cecil Commerce
22 Center, but through -- down to World Commerce
24
25 is amenable to that kind of through access.
Diane M.
Tropia, Inc.,
32
1 In fact, Hillwood shows a light industrial
2 site immediately adjacent, to the south of us,
3 and it shows a road cul-de-sacking up at our
4 property. So access through, down to World
5
6 plan as well.
7 So, again, we agreed to redesign that north
8 access, we agreed to access all the way down to
9 and through
11 that construction was commenced, that we would
12 apply to close Halsema at its end, thereby
13 making sure that Halsema, south of
14 down to
15 road for those neighbors there. That was the
16 basic consensus agreement on the access issue.
17 And I'm happy to elaborate on any of the
18 other issues that were brought up during these
19 discussions.
20 THE CHAIRMAN: Thank you, Mr. Hainline.
21 Any questions from the committee?
22 COMMITTEE MEMBERS: (No response.)
23 THE CHAIRMAN: Mr. Davis, did you have a
24 question?
25 MR. DAVIS: No.
Diane M.
Tropia, Inc.,
33
1 THE CHAIRMAN: Okay. Anybody else have a
2 question?
3 COMMITTEE MEMBERS: (No response.)
4 THE CHAIRMAN: All right. Thank you, sir.
5 Mr. Davis.
6 MR. DAVIS: Yes. I agree with everything
7 Mr. Hainline said.
8 One thing, if you'll look on the -- do they
9 have the first entryway sheet?
10 MR. HAINLINE: Yes, they do. It's stapled
11 to their -- it's what's called at the top
12
Exhibit E-1, "
13 Design."
14 MR. DAVIS: Okay. I think we've come up
15 with -- through a series of meetings -- we had
16 traffic engineers at the meetings -- come up
17 with a pretty good design that's going to help
18 the community keep the truck traffic off of
19 their local roads.
20 The only question I have is -- at
22 commercial warehouse community. I think it
23 would be better if the -- if the entrance was
24 further down at the curb, past the entryway to
25 the community, just to allow the community to
Diane M.
Tropia, Inc.,
34
1 try to continue as much of that neighborhood
2 feel without having to -- when they drive out on
4 What I would like to do, committee, if it's
5 okay, between now and Tuesday night, work with
6 the Planning Department to see if there -- if
7 you can move the road -- the entryway down and
8 then create a cul-de-sac situation where people
9 can get to the -- the hotel or whatever it's
10 going to be up on the north part, but I --
11 that's -- I really feel more comfortable with
12 that.
13 I believe there was some type of -- there
14 obviously was discussion about this, and I
15 believe -- on my end I thought there was
16 consensus, but Mr. Hainline heard it different,
17 so I want to work with Mr. Hainline over the
18 next week to -- to solve that issue, if that's
19 okay with the committee.
20 But, besides that, I'm good with this, and
21 I'm excited that we came to some resolution so
22 you guys didn't have to listen to hours and
23 hours of bickering.
24 THE CHAIRMAN: Thank you, Mr. Davis.
25 Appreciate that.
Diane M.
Tropia, Inc.,
35
1 Any other questions for Mr. Hainline?
2 COMMITTEE MEMBERS: (No response.)
3 THE CHAIRMAN: All right. Anyone else care
4 to address the committee?
5 AUDIENCE MEMBERS: (No response.)
6 THE CHAIRMAN: All right. Seeing no one,
7 the public hearing is closed.
8 So between now and Tuesday, Mr. Davis,
9 you're going to work with --
10 MR. DAVIS: Yes.
11 THE CHAIRMAN: -- the Planning Department
12 and Mr. Hainline.
13 And then what about the signage issue?
14 Sean, are you going to work with
15 Mr. Hainline between now and Tuesday on that and
16 get that cleaned up?
17 MR. KELLY: After speaking with Mr. Crofts,
18 the department is fairly comfortable with --
19 given the limited additional number of signs and
20 the lower height, that the area is not such an
21 issue.
22 I was going to suggest perhaps a condition
23 at this point just regarding the relocation of
24 that access point, subject to the review and
25 approval of the Planning and Development
Diane M.
Tropia, Inc.,
36
1 Department, if that would, at this juncture, you
2 know, be a good thing to do.
3 THE CHAIRMAN: Mr. Hainline, are you okay
4 with that?
5 MR. HAINLINE: Well, I guess, first, I
6 don't know whether Councilman Davis is
7 comfortable with it, but we --
8 THE CHAIRMAN: I was going to ask him next.
9 MR. HAINLINE: Okay. I probably would be
10 comfortable with that, but there are a couple of
11 moving parts as to relocating that entrance, one
12 being a JEA easement and some other things, so
13 I --
14 MR. DAVIS: I don't want to waste any more
15 of your time on the committee tonight. I should
16 bring you a baked solution to council on Tuesday
17 night on both of these issues, and I promise
18 I'll do that.
19 THE CHAIRMAN: All right. Thank you very
20 much.
21 Thank you, Mr. Hainline.
22 We'll wait till Tuesday.
23 So we have an amendment. The amendment now
24 is just the four conditions, 1 through 4.
25 Is there a motion on the amendment?
Diane M.
Tropia, Inc.,
37
1 MR. BISHOP: Move the amendment.
2 MR. HOLT: Second.
3 THE CHAIRMAN: Motion by Mr. Bishop, second
4 by Mr. Holt.
5 Any discussion on the amendment?
6 COMMITTEE MEMBERS: (No response.)
7 THE CHAIRMAN: All those in favor say yes.
8 COMMITTEE MEMBERS: Yes.
9 THE CHAIRMAN: Opposed say no.
10 COMMITTEE MEMBERS: (No response.)
11 THE CHAIRMAN: By our action, you've
12 approved the amendment.
13 MR. HOLT: Move the bill as amended.
14 MR. BISHOP: Second.
15 THE CHAIRMAN: Motion on the bill as
16 amended by Mr. Holt, second by Mr. Bishop.
17 Discussion on the bill as amended?
18 COMMITTEE MEMBERS: (No response.)
19 THE CHAIRMAN: Seeing none, open the ballot
20 and vote.
21 (Committee ballot opened.)
22 MR. CRESCIMBENI: (Votes yea.)
23 MR. HOLT: (Votes yea.)
24 MR. BISHOP: (Votes yea.)
25 MR. D. BROWN: (Votes yea.)
Diane M.
Tropia, Inc.,
38
1 MR. R. BROWN: (Votes yea.)
2 MR. JOOST: (Votes yea.)
3 MR. REDMAN: (Votes yea.)
4 (Committee ballot closed.)
5 MS. LAHMEUR: Seven yeas, zero nay.
6 THE CHAIRMAN: By your action, you've
7 approved item 34, 2010-620.
8 Thank you, Mr. Davis.
9 MR. DAVIS: Thank you, Mr. Chairman.
10 THE CHAIRMAN: Anything else?
11 MR. DAVIS: No, sir.
12 THE CHAIRMAN: All right. Are you going to
13
14 MR. DAVIS: I think that's Friday.
15 THE CHAIRMAN: Oh, Friday. Okay.
16 (Mr. R. Brown exits the proceedings.)
17 THE CHAIRMAN: All right. Members of the
18 committee, we will return back to page 2 of our
19 agenda.
20 Item 2, 2010-395 [sic] is deferred this
21 evening.
22 That brings us to item 3, 2010-447.
23 Mr. Kelly.
24 MR. KELLY: This application has actually
25 been amended to reflect a -- more restrictive
Diane M.
Tropia, Inc.,
39
1 setbacks. So the request is basically, at this
2 point, to sub and rerefer this back to LUZ
3 because the request is going from 200 feet to
4 143 instead of 154 feet. So we would like to
5 get this subbed and rereferred tonight.
6 THE CHAIRMAN: Okay. Thank you, sir.
7 We have a public hearing scheduled on this
8 matter this evening. The public hearing is
9 open. I have no speaker cards.
10 Anyone care to address the committee?
11 AUDIENCE MEMBERS: (No response.)
12 THE CHAIRMAN: All right. Seeing no one,
13 then, the public hearing will be continued until
14 September 21st.
15 MR. JOOST: Move the substitute.
16 MR. HOLT: Second.
17 THE CHAIRMAN: Motion on the substitute by
18 Mr. Joost, second by Mr. Holt.
19 Discussion?
20 COMMITTEE MEMBERS: (No response.)
21 THE CHAIRMAN: If not, open the ballot.
22 Oh, voice. I'm sorry.
23 All those in favor say yes.
24 COMMITTEE MEMBERS: Aye.
25 THE CHAIRMAN: Opposed say no.
Diane M.
Tropia, Inc.,
40
1 COMMITTEE MEMBERS: (No response.)
2 THE CHAIRMAN: By your action, you've
3 adopted the substitute and --
4 MR. HOLT: Move to rerefer as substituted.
5 MR. JOOST: Second.
6 THE CHAIRMAN: Motion to rerefer by
7 Mr. Holt, second by Mr. Joost.
8 Discussion on the rereferral?
9 COMMITTEE MEMBERS: (No response.)
10 THE CHAIRMAN: If none, open the ballot,
11 vote.
12 (Committee ballot opened.)
13 MR. CRESCIMBENI: (Votes yea.)
14 MR. HOLT: (Votes yea.)
15 MR. BISHOP: (Votes yea.)
16 MR. D. BROWN: (Votes yea.)
17 MR. JOOST: (Votes yea.)
18 MR. REDMAN: (Votes yea.)
19 (Committee ballot closed.)
20 MS. LAHMEUR: Six yeas, zero nay.
21 THE CHAIRMAN: By your action, you've
22 approved the rereferral of 2010-447.
23 Page 3. Item 4, 2010-480.
24 Mr. Crofts.
25 MR. CROFTS: Again, item 4, ordinance
Diane M.
Tropia, Inc.,
41
1 2010-480, is proposed -- is a proposed land use
2 amendment to the future land use map series of
3 the 2030 Comprehensive Plan seeking to modify
4 1.29 acres located at the northwest corner of
6 This property is located in the Northwest
7 Planning District and Council District 9.
8 Again, the request is from RPI,
9 residential-professional-institutional, to NC,
10 neighborhood commercial.
11 The Planning and Development staff has
12 conducted a review of this item in terms of
13 its -- again, its compatibility with the
14 surrounding land uses, the impacts on those
15 uses, consistency with the applicable plans and
16 infrastructure, and the overall impacts on the
17 related and adjacent neighborhoods and
18 recommends approval.
19 We would point out that we think that this
20 project is key to some revitalization efforts
21 into the area and provides a nucleus for that
22 intent.
23 It is also consistent with the Northwest
24 Vision and Master Plan and several provisions,
25 again, of the 2030 Comprehensive Plan.
Diane M. Tropia, Inc.,
42
1 Staff recommends approval.
2 THE CHAIRMAN: Thank you, Mr. Crofts.
3 We have a public hearing scheduled on this
4 this evening. The public hearing is open. I
5 have no speaker cards.
6 Anyone care to address the committee?
7 AUDIENCE MEMBERS: (No response.)
8 THE CHAIRMAN: Seeing no one, the public
9 hearing is closed.
10 MR. JOOST: Move the bill.
11 MR. HOLT: Second.
12 THE CHAIRMAN: A motion on the bill by
13 Mr. Joost, second by Mr. Holt.
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.,
43
1 MS. LAHMEUR: Six yeas, zero nay.
2 THE CHAIRMAN: By our action, you've
3 approved item 4, 2010-480.
4 Item 5. Mr. Kelly.
5 MR. KELLY: Thank you.
6 To the Chair and committee members,
7 ordinance 2010-481 is the companion rezoning for
8 this subject property, approximately 1.29 acres
9 on New
10 The department finds this rezoning, again,
11 consistent with the future land use proposed to
12 neighborhood commercial. This is, again,
13 neighborhood commercial types of uses that will
14 be allowed, and finds it consistent with the
16 which also encourages commercial infill, and
17 it's -- the department is supporting this
18 request.
19 The Planning Commission approved it subject
20 to the four conditions dated -- in the letter to
21 Council President Webb dated August 26th.
22 The memo from the traffic engineer was
23 handed out just prior to the meeting, as it was
24 not in the book, but the department is
25 recommending approval subject to those four
Diane M.
Tropia, Inc.,
44
1 conditions.
2 THE CHAIRMAN: Okay. Thank you,
3 Mr. Kelly.
4 This is a quasi-judicial matter. Does
5 anyone have any ex-parte communication to
6 disclose?
7 COMMITTEE MEMBERS: (No response.)
8 THE CHAIRMAN: All right. Seeing none, we
9 also have a public hearing scheduled this
10 evening. The public hearing is open. I have no
11 speaker cards.
12 Anyone care to address the committee?
13 AUDIENCE MEMBERS: (No response.)
14 THE CHAIRMAN: Seeing no one, the public
15 hearing is --
16 MR. REINGOLD: Through the Chair.
17 THE CHAIRMAN: I'm sorry. Mr. Reingold.
18 MR. REINGOLD: This is kind of an awkward
19 situation. We've got a PUD; therefore, we've
20 got an extra condition that discusses that the
21 development will subject -- be subject to the
22 Development Services memorandum, but I don't
23 have anyone here to say, yeah, they agree to
24 that, and so --
25 THE CHAIRMAN: Was the -- the Planning
Diane M.
Tropia, Inc.,
45
1 Commission only adopted three --
2 How many conditions did the Planning
3 Department -- I mean, did the Planning
4 Commission adopt?
5 MR. KELLY: The Planning Commission adopted
6 the four conditions in the letter dated
7 August 26th.
8 THE CHAIRMAN: And this memo was not part
9 of those conditions?
10 MR. KELLY: Oh, the memo was. It just was
11 not in the LUZ book.
12 THE CHAIRMAN: Okay. Well, I'm confused,
13 then.
14 What else do we need to get on the record?
15 MR. REINGOLD: I'm sorry. I just wasn't
16 aware that -- at the Planning Commission
17 meeting, did the applicant --
18 AUDIENCE MEMBER: Yes, we did agree.
19 My name is Patti Lewis. I'm representing
20 the owner.
21 THE CHAIRMAN: Ms. Lewis, hang on one
22 second.
23 Mr. Reingold.
24 MR. REINGOLD: I needed to hear that, but
25 why don't we get her name and address and the
Diane M.
Tropia, Inc.,
46
1 like on the record.
2 THE CHAIRMAN: All right. Thank you,
3 Mr. Reingold.
4 Ma'am, would you just hang on one second on
5 filling out that card? Will you just give us
6 your name and address and then just -- will you
7 respond to whether or not you accept the
8 conditions that were referenced here in the
9 meeting tonight?
10 MS. LEWIS: Yes, sir.
11 My name is Patti Lewis. My address is 2927
12
13 I'm representing the owner, the Kimmik
14 Corporation, and we did agree.
15 THE CHAIRMAN: Okay. And do we have a
16 registration of representation on file?
17 MR. REINGOLD: I actually have -- in the
18 ordinance itself, it says that the applicant
19 listed in the application is Patti L. Lewis.
20 THE CHAIRMAN: Okay. Thank you, Ms. Lewis.
21 Any questions for Ms. Lewis?
22 COMMITTEE MEMBERS: (No response.)
23 THE CHAIRMAN: All right. Thank you.
24 If you'll just finish completing that card
25 and just leave it in the basket.
Diane M.
Tropia, Inc.,
47
1 All right. So we're okay with the four
2 conditions, then?
3 MR. REINGOLD: (Nods head.)
4 THE CHAIRMAN: Is there an amendment on the
5 four conditions?
6 MR. BISHOP: Move the amendment.
7 MR. JOOST: Second.
8 THE CHAIRMAN: Motion by Mr. Bishop, second
9 by Mr. Joost.
10 Discussion?
11 COMMITTEE MEMBERS: (No response.)
12 THE CHAIRMAN: Seeing none, all those in
13 favor say yes.
14 COMMITTEE MEMBERS: Yes.
15 THE CHAIRMAN: Opposed say no.
16 COMMITTEE MEMBERS: (No response.)
17 THE CHAIRMAN: By your action, you've
18 adopted the amendment.
19 MR. JOOST: Move the bill as amended.
20 MR. HOLT: Second.
21 THE CHAIRMAN: Motion on the bill as
22 amended by Mr. Joost, second by Mr. Holt.
23 Discussion?
24 COMMITTEE MEMBERS: (No response.)
25 THE CHAIRMAN: Seeing none, open the
Diane M.
Tropia, Inc.,
48
1 ballot.
2 (Committee ballot opened.)
3 MR. CRESCIMBENI: (Votes yea.)
4 MR. HOLT: (Votes yea.)
5 MR. BISHOP: (Votes yea.)
6 MR. D. BROWN: (Votes yea.)
7 MR. JOOST: (Votes yea.)
8 MR. REDMAN: (Votes yea.)
9 (Committee ballot closed.)
10 THE CHAIRMAN: Ring the bell.
11 MS. LAHMEUR: It's not working.
12 THE CHAIRMAN: It's not working?
13 See, it was that bell we heard earlier
14 during Mr. Abraham's testimony. It got out
15 ahead of schedule.
16 Steve, do we need to take a little recess?
17 MR. CASSADA: (Inaudible.)
18 THE CHAIRMAN: Okay. We have some
19 technical issues, so we're going to take a --
20 how much time do you need?
21 MR. CASSADA: (Inaudible.)
22 THE CHAIRMAN: Okay. We'll take a brief
23 recess, about five minutes, until they can get
24 the computer back up and running.
25 So we'll take a five-minute recess.
Diane M.
Tropia, Inc.,
49
1 (Brief recess.)
2 THE CHAIRMAN: Okay. I think we have our
3 problems resolved. So if I can get the
4 committee members to return to their seats, we
5 will reconvene the LUZ meeting.
6 Okay. We're going to reconvene the LUZ
7 meeting. It is about ten minutes to 6:00.
8 I think we had a motion and a second on
9 item 5, 2010-481, and we were getting ready to
10 vote, so open the ballot, vote.
11 (Committee ballot opened.)
12 MR. CRESCIMBENI: (Votes yea.)
13 MR. HOLT: (Votes yea.)
14 MR. BISHOP: (Votes yea.)
15 MR. D. BROWN: (Votes yea.)
16 MR. JOOST: (Votes yea.)
17 MR. REDMAN: (Votes yea.)
18 (Committee ballot closed.).
19 MS. LAHMEUR: Six yeas, zero nay.
20 THE CHAIRMAN: By your action, you have
21 approved item 5, 2010-481.
22 Item 6, at the bottom of the page.
23 Mr. Crofts.
24 MR. CROFTS: Item 6, ordinance 2010-484,
25 seeks to modify the land use designation on four
Diane M.
Tropia, Inc.,
50
1 lots comprising a little less than one acre on
2 the north side of
3 Boulevard, in the greater Mandarin area in
4 Council District 6.
5 The subject site is not adjacent to another
6 nonresidential land use but abuts single-family
7 homes to the north and east and it's part of the
8 Mandarin Terrace subdivision. There are no RPI
9 uses in the immediate area of this application
10 site, therefore, the land use amendment and the
11 companion rezoning, in our opinion, would
12 encroach into an established residential
13 neighborhood and could, more importantly, set a
14 precedent for further RPI encroachment into that
15 single-family area along
16 In addition, Lofton Alley, to the west,
17 serves as a barrier from the commercial
18 interests that currently exist along
19 Boulevard.
20 The nodal areas between those two roads,
21 where the access to the businesses is, is from
23 requested RPI is inconsistent with policies
24 1.117 and .118 of the 2030 Comprehensive Plan.
25 Finally, the proposed amendment is
Diane M.
Tropia, Inc.,
51
1 inconsistent with the adjoining land uses. It's
2 not an appropriate infill location, it's not
3 part of a mixed-use or multiuse development.
4 Therefore, again, the amendment is inconsistent
5 with several provisions of the comprehensive
6 plan. We don't feel it's -- creates a
7 compatible land use pattern nor is appropriate
8 infill and creates, again, a horrible precedent
9 for future land use requests along this stretch
10 of
11 Staff recommends denial.
12 THE CHAIRMAN: Thank you, Mr. Crofts.
13 And the Planning Commission also voted
14 denial?
15 MR. CROFTS: That's correct.
16 THE CHAIRMAN: Thank you, sir.
17 I have three speakers' cards on this. We
18 have a public hearing scheduled this evening.
19 The public hearing is open. I have a
20 speaker card from Mr. Boswell and also Mr. Riley
21 and Mr. Duquette.
22 If Mr. Riley and Mr. Duquette will make
23 their way to the front row to kind of speed
24 things up.
25 Mr. Boswell.
Diane M.
Tropia, Inc.,
52
1 (Audience member approaches the podium.)
2 AUDIENCE MEMBER: Yes. Dan Boswell, 4014
3 Ranie Road, Jacksonville, Florida, representing
4 the owner of the property.
5 It is -- actually, it's four residential
6 homesites that face
7 across from the entrance and exit of the
8 shopping center there. This is a terrible place
9 for residential homes to be because their backup
10 of traffic from
11 an impossible situation for residential traffic
12 to back out of their driveways onto Loretto
13 because usually the traffic is backed -- backed
14 up past these homesites.
15 My proposal was to change this into -- for
16 an RPI use for professional office -- offices
17 only -- doctors, attorneys, dentists -- and to
18 remove those driveways, which would remove the
19 traffic hazard for those people that are backing
20 out in the road.
21 The entrance and exit -- if you have a copy
22 of the PUD plan there -- would put all the
23 parking in the rear of the homesites presently.
24 There will be no architectural changes to
25 the homesites. They would retain their
Diane M.
Tropia, Inc.,
53
1 residential appearance. All the parking, as I
2 said, would be in the rear. There would be
3 buffering in between the homesites so that, if
4 you were to drive by, you wouldn't see any
5 vehicles parked in the rear. And there's
6 adequate buffering in both the rear and the side
7 abutting another residential property.
8 This is -- not only is it -- is it not a
9 good thing for -- a good area for residents --
10 residential homes to be there, but it's also a
11 perfect, in my opinion, buffering between the
12 heavy commercial and the residential homesites
13 behind it.
14 And that's all I have to say.
15 THE CHAIRMAN: Thank you, Mr. Boswell.
16 Any questions from the committee?
17 COMMITTEE MEMBERS: (No response.)
18 THE CHAIRMAN: All right. Seeing no one,
19 Mr. Riley, you're next.
20 (Audience member approaches the podium.)
21 AUDIENCE MEMBER: I'm Bob Riley, 7350
23 I'm recently retired from the Planning and
24 Development Department after 37 years, so it's
25 nice to be back before you in a different way.
Diane M.
Tropia, Inc.,
54
1 And I was very active in land use planning,
2 particularly for the last 20 years. I probably
3 authored 95, 98 percent of all land use
4 amendments and companion rezonings to the land
5 use amendments over the last 12 to 15 years.
6 I'm here to indicate support for this
7 amendment and also the companion rezoning. I
8 bring to your attention that we have full
9 support of the CPAC of -- the southeast district
10 CPAC.
11 This use is really what we looked at years
12 ago when we came up with the comprehensive plan
13 and the use of an RPI as a textbook situation of
14 using the RPI to buffer commercial uses and
15 residential, in particular single-family.
16 You will find this scenario, which the
17 department supported over and over again
18 throughout the city -- and I'll just cite some
19 roads where you can find this:
21 Avenue,
22 Street,
23 that are very similar.
24 And the situation with these parcels are,
25 they are having to endure the backup of traffic,
Diane M.
Tropia, Inc.,
55
1 the congestion that occurs there, the fact that
2 this plan will bring four driveways down to one,
3 and that you will -- these all face across to a
4 shopping center with a low profile of landscaped
5 area, it's not even bermed or anything, and it's
6 a major Winn-Dixie shopping center.
7 Comments were made back at the Planning
8 Commission about the Mandarin plan. The
9 Mandarin plan is over 30 years old. And back
10 then, there was a lot of amendments that we even
11 adopted with the comp plan in 1990. And even
12 with this one, you've got a use across the
13 street that wasn't even there with any of those
14 plans. In fact, that shopping center was built
15 in 1995.
16 I would like to say that the RPI is the
17 most appropriate land use for this location due
18 to the heavy traffic situations and the major
19 community shopping center, and it is an
20 excellent CG- -- transition from the CGC
21 immediately to the west, which has a doggy poo
22 place for maintaining dogs and everything.
23 And, in fact, a number of the other
24 commercial uses fronting
25 this roadway that -- to the south -- to the east
Diane M.
Tropia, Inc.,
56
1 of them, and it does help to square off
2 commercial uses so they face each other.
3 So the RPI is the most plausible and best
4 use for this particular situation, and the
5 department is -- endorsed this for years and
6 years and years on innumerable places and times.
7 Thank you very much.
8 THE CHAIRMAN: Thank you, Mr. Riley.
9 Any questions for Mr. Riley?
10 COMMITTEE MEMBERS: (No response.)
11 THE CHAIRMAN: Mr. Riley, how was -- how
12 was it to be on that side of the podium?
13 MR. RILEY: Probably a little bit more
14 nervous.
15 THE CHAIRMAN: I think you got off easy.
16 MR. RILEY: Thank you.
17 THE CHAIRMAN: All right. Mr. Duquette.
18 (Audience member approaches the podium.)
19 AUDIENCE MEMBER: Good evening.
20 Will Duquette. I live at 3051 Loretto
21 Road.
22 I'm the exact opposite of him. I've never
23 been here, didn't know you guys are doing this.
24 God bless you, love you, don't want any part of
25 this again.
Diane M.
Tropia, Inc.,
57
1 I'm the owner of the properties in question
2 here, and I've been living in 31- -- 3051
3 Loretto Road for the last year, and I can tell
4 you that rezoning this to a commercial/office
5 use that we'd like to do this with will create
6 much more harmony with the entire area.
7 First, improvement to the properties.
8 There's three properties that, if this does not
9 get zoned commercial, I am very seriously
10 considering letting go back, foreclosure, let --
11 just give them back, whatever. I'm not going to
12 do any improvements to these properties until
13 this is decided. And if it's decided
14 negatively, it's -- you know, it's just going to
15 be an eyesore.
16 Accidents, I've seen them, watched them
17 happen out in front where neighbors are backing
18 out into
19 the tenants. I've seen accidents on this road
20 probably -- I can think of four of them off the
21 top of my head right there in front of the road
22 where people have to back into it and -- so that
23 would definitely be a challenge.
24 A couple of things I did not speak about is
25 the little hanging utility lines that will go
Diane M.
Tropia, Inc.,
58
1 across the road, the trucks that go by with
2 those branches sticking out of their trucks rip
3 down those lines consistently throughout the
4 entire year. So that would be changed. We have
5 one pole that would come across the street from
6 JEA. I've already talked to them about it. It
7 would run down underneath, utilities
8 underground, so that would eliminate that
9 problem that literally happens three or four
10 times a year.
11 CPAC is 100 percent behind it. All the
12 neighbors have come by with the orange signs out
13 front, have said, "Hey, if you need me to sign
14 anything, I'm very much for this. I like it, I
15 want it."
16 The neighbors in the back, where John --
17 Mr. Crofts has said about the encroachment to
18 the residential area, they've actually come
19 forward and said, "We'd love to have that,"
20 because now they have their neighborhood quieter
21 because there's not so many tenants.
22 There's -- the tenants that I've been
23 getting into these properties, unfortunately,
24 are less desirable. There's a high traffic
25 area, there's a high drug [sic]. Matter of
Diane M.
Tropia, Inc.,
59
1 fact, the guy that lives next door was just
2 arrested a couple of months ago for drug -- drug
3 trafficking.
4 The property that I'm actually in a few
5 years ago had prostitution in it, so it really
6 just draws a very bad element to that area as a
7 rental, whereas professional buildings, of
8 course, that would not.
9 This is across from Winn-Dixie. It's a
10 huge, major intersection. It's already --
11 pretty much looks commercial already.
12 Let's see. And basically it -- overall
13 clean it up. I mean, there would be -- there
14 would be three driveways that would be
15 eliminated, and it would be traffic where you
16 can pull in and out on the side road as well as
17 the front road.
18 And I just really look for your support in
19 doing this, and thank you for what you guys do.
20 Appreciate it.
21 Thank you.
22 Any questions for me?
23 THE CHAIRMAN: Thank you, Mr. Duquette.
24 Do we have any questions from the
25 committee?
Diane M.
Tropia, Inc.,
60
1 I'm sorry. Mr. Bishop.
2 MR. BISHOP: Thank you, Mr. Chairman.
3 Mr. Duquette, thanks for being here. I
4 don't know if this is the right question for you
5 or any of the other speakers, but I am familiar
6 with
7 very highly traveled, congested location.
8 I guess the question I have is, how will
9 this proposal improve that?
10 MR. DUQUETTE: Well, the main things I
11 talked about was the tenants that are living
12 there is high traffic coming in and out all day
13 long. There's parking in the rear that we have
14 subjected to for all these offices, that they'll
15 be pulling out mainly to the side street where
16 there is no access at all for
17 There's a side street that's almost never used
18 by almost anyone there, and that's where a lot
19 of traffic will be coming in and out, on a side
20 street, rather than straight onto
21 And even when it is straight onto Loretto
22 Road, people are pulling out, they can look --
23 you know, they're driving forward rather than
24 backing up into
25 And then, of course, the mailboxes all on
Diane M.
Tropia, Inc.,
61
1 these properties -- the mail person comes down
2 with a truck. When they stop to put mail in,
3 people are beeping, almost hitting that truck,
4 you know, coming down the road as well.
5 Plus, the tenants have dogs that keep
6 running out into the street right there as well.
7 And the overall improvement. Like I said,
8 this gets rezoned, that gives me a reason to go
9 clean these properties up and make them look
10 very presentable and nice.
11 So those are the major areas, as well as it
12 will be a huge buffer between the residents,
13 which are behind. We're going to put a nice,
14 big fence up there as well as a big -- a buffer
15 with greenery.
16 MR. BISHOP: So rezoning this property is
17 the only reason you would keep these properties
18 up?
19 MR. DUQUETTE: Well, these -- three of
20 them, yes, because of how much I owe on them, to
21 be quite honest. I don't know if you noticed,
22 the economy kind of crashed with real estate
23 and --
24 MR. BISHOP: You are aware we have property
25 safety and code laws with respect to property
Diane M.
Tropia, Inc.,
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1 upkeep and those sorts of things?
2 MR. DUQUETTE: Yeah. What I'm saying is
3 I'm not going to improve them. They're there,
4 they're existing, they're not -- they're not
5 falling apart and dilapidated, and I'm not going
6 to improve -- you know, overimprove them, like I
7 would with the commercial. The commercial, I'd
8 go -- they'd be all completely upgraded, looking
9 very, very good and real nice, so --
10 And, I mean, the corner lot that we're
11 talking about, they -- literally, I don't know
12 what's going on on that property. They have,
13 like, eight, ten cars parked there, you know,
14 every single night. So, again, it just -- it
15 really just draws a bad element of tenant, where
16 if I got professional buildings in there, it
17 would not be there.
18 MR. BISHOP: Thank you.
19 MR. DUQUETTE: Thank you.
20 THE CHAIRMAN: Mr. Duquette, you're not
21 aware of anybody in opposition?
22 MR. DUQUETTE: Not that I -- no, not that
23 I'm aware of, no.
24 THE CHAIRMAN: I have a -- I got an e-mail
25 from -- August 31st, from Tracey Arpen, who used
Diane M.
Tropia, Inc.,
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1 to be at the General Counsel's office for the
2 City. Do you know him?
3 MR. DUQUETTE: No, sir.
4 THE CHAIRMAN: I think he lives on Loretto
5 Road, but I'm not sure where. But he was -- he
6 was opposed. I think all the committee members
7 were copied. But you haven't had any
8 interaction with him?
9 MR. DUQUETTE: I have not, no.
10 THE CHAIRMAN: Okay. All right.
11 Thank you.
12 Any other questions for Mr. Duquette?
13 COMMITTEE MEMBERS: (No response.)
14 THE CHAIRMAN: All right. Any other
15 speakers care to address the committee?
16 AUDIENCE MEMBERS: (No response.)
17 THE CHAIRMAN: Seeing no one, the public
18 hearing is closed.
19 MR. JOOST: Move to deny.
20 THE CHAIRMAN: Motion to deny by Mr. Joost.
21 MR. BISHOP: Second.
22 THE CHAIRMAN: Second by Mr. Bishop.
23 Mr. Bishop for discussion.
24 MR. BISHOP: Thank you, Mr. Chairman.
25 One of the things that concerns me about
Diane M.
Tropia, Inc.,
64
1 this, when I see the site plan of the existing
2 land use and -- is that -- the discussion was
3 that this is compatible with the existing
4 shopping center across the street, provides a
5 buffer, that sort of thing, the Planning
6 Department said it would be a potential impetus
7 for future encroachment. These particular four
8 lots only take up half of the property --
9 roughly half of the property that's opposite of
10 the Winn-Dixie shopping center.
11 So the first question that comes to my mind
12 is, what happens when the guy next to that comes
13 in and says, "Well, you just did this for the
14 corner four lots. What about the next four
15 lots?" And that, to me, tends to think that it
16 could very easily result in scope creep.
17 And while I'm sympathetic to some of the
18 issues with respect to the current condition of
19 the property, the current condition of the
20 property, to me, isn't any reason to approve a
21 land use change to something else that
22 represents a more intensive use.
23 The issue of power lines across the street
24 is also not a reason to rezone something or
25 change the land use. That's a JEA utility
Diane M.
Tropia, Inc.,
65
1 issue.
2 So I'm not inclined to go for this one just
3 because of -- I can clearly see how this could
4 very well result in scope creep down Loretto
5 Road, and I really don't think that's
6 necessarily in the best interest of that area.
7 Thank you.
8 THE CHAIRMAN: Thank you, Mr. Bishop.
9 Next on the queue is Councilmember Brown.
10 Mr. Brown.
11 MR. D. BROWN: Thank you, Mr. Chairman.
12 A question for John Crofts.
13 John, you gave us a technical description
14 of the department's concern, but we don't have a
15 way of looking at declining desirability as a --
16 as a residential unit in terms of what sounds
17 like a pretty good transition to a professional
18 office space. This sounds like there might even
19 be some -- some neighborhood improvements
20 there. But is the opposition just totally
21 technical?
22 MR. CROFTS: Through the Chair, we have a
23 lot of areas -- it was brought up about RPI
24 throughout the -- we have a lot of areas that --
25 of these arterials or collectors, minor
Diane M.
Tropia, Inc.,
66
1 arterials, if you will, that are heavily
2 trafficked and -- and that bothers me, that that
3 would be the only reason that we would -- you
4 know, we would consider some conversion to a
5 higher use.
6 But if I understand your question
7 correctly, there -- yeah, we have the criteria,
8 we have the compatibility, the consistency, the
9 impacts and those types of things. And, you
10 know, we talked about the upkeep of the property
11 and, you know, some of the issues with the
12 decline of the property as it relates to tenants
13 and things of that nature and the lack of home
14 ownership. There's nothing that we have that
15 would evaluate it from that perspective, that
16 would lead us toward some sort of positive
17 evaluation.
18 MR. D. BROWN: Thank you. Appreciate that.
19 THE CHAIRMAN: Thank you, Mr. Brown.
20 Mr. Holt.
21 MR. HOLT: Thank you.
22 Through the Chair to Mr. Crofts or
23 Mr. Kelly, just looking at this plan here,
24 there's no indication in their application that
25 they're going to commit to any improvements to
Diane M.
Tropia, Inc.,
67
1 these homes? I know the speaker just mentioned
2 that, but is there any plan of changing the
3 buildings in any way?
4 MR. CROFTS: If I'm not mistaken, I believe
5 that there -- there was going to be no change,
6 and I think I heard the -- the agent for the
7 applicant indicate that there would be no
8 architectural modifications to the exterior of
9 these buildings, that they would look very
10 residential in nature. So I think that that
11 was -- that is concluded in the -- in the PUD.
12 MR. HOLT: Right.
13 Let me ask you something hypothetical. If
14 this applicant were to come back and -- and the
15 PUD was not to convert these buildings but to
16 actually build a new freestanding commercial,
17 would your department be more likely to support
18 that?
19 MR. CROFTS: To answer to your question, I
20 think we'd be less likely to support it --
21 MR. HOLT: Okay.
22 MR. CROFTS: -- because we're concerned
23 about the neighborhood along
24 behind these -- these particular four parcels of
25 property.
Diane M. Tropia, Inc.,
68
1 MR. HOLT: Okay. Well, I appreciate that.
2 And I tend to agree with Mr. Bishop, that
3 if we approve this, then right down the road,
4 someone could expect the same thing.
5 I, personally, would be more likely to
6 support something if they were going to build a
7 new building on it and -- but converting --
8 converting these homes and not even having
9 anything in here where you commit to certain
10 exterior products to make it a solid building, I
11 just can't support that.
12 Thank you.
13 THE CHAIRMAN: Thank you, Mr. Holt.
14 Mr. Redman.
15 MR. REDMAN: Thank you, Mr. Chairman.
16 Can I call Mr. Duquette up and ask him a
17 question?
18 THE CHAIRMAN: Mr. Duquette, would you mind
19 coming back to the podium, please, for a
20 question?
21 (Mr. Duquette approaches the podium.)
22 THE CHAIRMAN: Thank you, sir.
23 MR. REDMAN: Thank you.
24 THE CHAIRMAN: Mr. Redman.
25 MR. REDMAN: Yes. These other five homes
Diane M.
Tropia, Inc.,
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1 along -- that are across the road from the
2 shopping center, are they rental homes, or --
3 are these rental properties, or do -- are they
4 owner lived -- live in some of them?
5 MR. DUQUETTE: The four we're talking
6 about?
7 MR. REDMAN: No. The others along there.
8 I know you've already --
9 MR. DUQUETTE: Like going down
10 you're talking about?
11 MR. REDMAN: Right.
12 MR. DUQUETTE: Yeah. As far as I know --
13 as far as I know, the neighbors are there,
14 they're all tenants that are living down there.
15 And I'm only owner/occupant because I'm actually
16 going through a divorce. I'm there -- I'm
17 actually moving out of there and renting it next
18 month. So they're mostly rentals.
19 MR. REDMAN: Okay. So you're an
20 owner/occupant in one of these and you rent the
21 other two --
22 MR. DUQUETTE: Correct.
23 MR. REDMAN: -- is that correct?
24 MR. DUQUETTE: (Nods head.)
25 MR. REDMAN: Okay. I mean --
Diane M. Tropia, Inc.,
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1 MR. DUQUETTE: The one -- to answer your
2 question, as far as I know, the ones adjacent,
3 going down -- I don't know how far, but I know
4 at least the next two, three, four are rentals.
5 MR. REDMAN: Okay. You know, I -- I think
6 it would be a much better use as a -- as a
7 commercial office building.
8 You have nobody that is ready to move into
9 these as office space?
10 MR. DUQUETTE: I have quite a few people
11 that have expressed interest in that, but as of
12 right now, I can't really commit to anything.
13 Basically, I'm looking -- as far as -- to
14 address some of the issues that came up here, as
15 far as the exterior of the buildings, yeah, I
16 plan to make them look similar residential and
17 improve them. It will improve the area, make it
18 look much nicer, much cleaner. And I seek to
19 find people immediately to get in there and
20 start cleaning it up.
21 I'm actually looking for a joint venture
22 partner to come in and actually help improve the
23 properties immediately, inside and out, to clean
24 up the entire area.
25 MR. REDMAN: Okay. And there would be no
Diane M.
Tropia, Inc.,
71
1 traffic coming from the front of these buildings
2 onto the street --
3 MR. DUQUETTE: There's --
4 MR. REDMAN: -- in and out?
5 MR. DUQUETTE: There's four driveways right
6 now that have to back out. There will be one
7 that will be two ways in and out, where three
8 driveways will be eliminated. So those three
9 will not be backing out onto the road -- onto
10 the property.
11 MR. REDMAN: Okay. Thank you, sir.
12 You know, I think probably all these houses
13 would be better as commercial.
14 MR. DUQUETTE: I do as well.
15 I'd like to address one more thing. As far
16 as encroachment going down
17 across the street from commercial already, where
18 the other ones are not. They're across the
19 street from other residences, so -- just since
20 that topic came up.
21 THE CHAIRMAN: Thank you, sir.
22 MR. DUQUETTE: Thank you.
23 THE CHAIRMAN: Any further discussion?
24 COMMITTEE MEMBERS: (No response.)
25 THE CHAIRMAN: Okay. We have a motion and
Diane M.
Tropia, Inc.,
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1 a second to deny.
2 If you support the motion, you'd vote the
3 green button. If you're opposed to the motion
4 to deny, you'd vote the red button.
5 Open the ballot.
6 (Committee ballot opened.)
7 MR. CRESCIMBENI: (Votes yea.)
8 MR. HOLT: (Votes yea.)
9 MR. BISHOP: (Votes yea.)
10 MR. D. BROWN: (Votes yea.)
11 MR. JOOST: (Votes aye.)
12 MR. REDMAN: (Votes nay.)
13 (Committee ballot closed.)
14 MS. LAHMEUR: Five yea, one nay.
15 THE CHAIRMAN: By your action, you have
16 denied item 6, 2010-584 [sic].
17 Turning to page 4, top of the page, item 7.
18 Mr. Kelly.
19 MR. KELLY: Thank you.
20 To the Chair, again, this is the companion
21 rezoning application, 2010-485,
22 offices PUD.
23 Again, for the reasons expressed within the
24 land use report -- additionally, again, the
25 department finds that this PUD would be
Diane M.
Tropia, Inc.,
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1 inconsistent with the adjoining residential
2 neighborhood, that it would not provide a
3 gradual transition of intensities and densities
4 between uses, and finds it to be encroaching
5 into an established residential area, therefore,
6 altering the character of the area.
7 The department is not supportive of the
8 companion rezoning as well.
9 Thank you.
10 THE CHAIRMAN: Thank you, Mr. Kelly.
11 Planning Commission denied this as well?
12 MR. KELLY: Yes, sir.
13 THE CHAIRMAN: Thank you, sir.
14 This is a quasi-judicial matter. Does
15 anyone have any ex-parte to declare?
16 COMMITTEE MEMBERS: (No response.)
17 THE CHAIRMAN: Okay. I received an e-mail
18 from Mr. Arpen. It was labeled with -- it was
19 labeled 2010-484, but these items are so close,
20 I'm going to go ahead and submit that as
21 ex-parte communication.
22 All right. We have a public hearing
23 scheduled on this bill. The public hearing is
24 open. I have three speakers' cards;
25 Mr. Boswell, Mr. Riley, and Mr. Duquette.
Diane M.
Tropia, Inc.,
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1 Mr. Boswell, do you want to address the
2 committee?
3 MR. BOSWELL: No, sir.
4 THE CHAIRMAN: Mr. Riley, do you want to
5 address the committee?
6 MR. RILEY: I don't think so.
7 THE CHAIRMAN: Mr. Duquette, do you want to
8 address the committee?
9 MR. DUQUETTE: No, thank you.
10 THE CHAIRMAN: Anyone else care to address
11 the committee?
12 AUDIENCE MEMBERS: (No response.)
13 THE CHAIRMAN: All right. Seeing no one,
14 the public hearing is closed.
15 MR. HOLT: Move to deny.
16 MR. BISHOP: Second.
17 THE CHAIRMAN: Motion to deny by Mr. Holt,
18 second by Mr. Bishop.
19 Any discussion on that motion?
20 COMMITTEE MEMBERS: (No response.)
21 THE CHAIRMAN: Again, if you support the
22 motion, you'll vote green. If you oppose the
23 motion, you'll vote red.
24 Open the ballot.
25 (Committee ballot opened.)
Diane M.
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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 nay.)
7 (Committee ballot closed.)
8 MS. LAHMEUR: Five yeas, one nay.
9 THE CHAIRMAN: By our action, you have
10 denied item 7, 2010-485.
11 Item 8. Mr. Crofts.
12 Item 8, 2010-486.
13 MR. CROFTS: Yes, sir.
14 This ordinance seeks to modify the land use
15 designation of three parcels, currently located
16 with three structures on 5.97 acres, from LDR,
17 low density residential, to RPI,
18 residential-professional-institutional.
19 The property is located in the North
20 Planning District and it is located specifically
21 on the recently completed and constructed
22
23 and
24 All parcels have access to a local street,
25 which is Perdue --
Diane M.
Tropia, Inc.,
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1 cul-de-sac. This request, if approved, in our
2 opinion, would be an intrusion, again, into a
3 residential area.
4
5 corridor at this time and there's no commercial
6 activity except at the intersections of Starratt
7 Road and
8 the North Planning District.
9 This request, if approved, would, again,
10 set a precedent for more commercial uses along
11 this corridor. The surrounding area is low
12 density residential with a JEA easement
13 approximately 80 feet wide, to the best
14 estimate, to the east.
15 We feel that this particular proposal is
16 inconsistent with several policies in the future
17 land use element dealing with the appropriate
18 location of commercial uses and the negative
19 impact and the intrusion that they could have or
20 do have in associated and related adjacent
21 residential uses.
22 In conclusion, staff recommends denial of
23 this request.
24 THE CHAIRMAN: Thank you, Mr. Crofts.
25 And Planning Commission also denied?
Diane M.
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1 MR. CROFTS: That's correct.
2 THE CHAIRMAN: Thank you, sir.
3 MR. HOLT: (Inaudible.)
4 THE CHAIRMAN: Sure. Mr. Holt, go ahead.
5 MR. HOLT: Mr. Crofts, could you guide me
6 through our book here and show me if there's a
7 schematic of this drawing -- of this development
8 that might show any buffering that they've
9 proposed? Is that in there somewhere? I'm not
10 seeing it.
11 MR. CROFTS: I will -- there is an
12 associated -- on the next bill, sir, there is a
13 PUD that talks specifically -- a site plan that
14 talks about the --
15 MR. HOLT: But it's important --
16 MR. CROFTS: -- the layout and the buffers.
17 MR. HOLT: -- for us to see that before
18 making a decision on this.
19 MR. KELLY: (Tenders document to Mr. Holt.)
20 MR. HOLT: All right. Thank you very much,
21 Mr. Kelly, for bringing that.
22 THE CHAIRMAN: Thank you, Mr. Holt.
23 We have a public hearing scheduled on this
24 item, and I have three speakers' cards. I
25 actually have four speakers' cards; Mr. Boswell,
Diane M.
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1 Mr. Riley again, Gary Rowland, and James
2 Hambrick. If you-all will make your way to the
3 front row, please.
4 The public hearing is open, and we'll begin
5 with Mr. Boswell.
6 (Mr. Boswell approaches the podium.)
7 MR. BOSWELL: Yes. Dan Boswell, 4014 Ranie
8 Road,
9 owners of the property.
10 This is a project for a professional office
11 center. To the east of this project there is
12 JEA buffering. I calculated it somewhat a
13 little bit more than Mr. Crofts did, but it's
14 ample -- there's an ample buffering there
15 between the residential neighborhood to the east
16 of approximately 100 feet.
17 To the west of it, just past the
18 residential lots there, there is a St. Patrick's
19 Church and school going in, and we're currently
20 in negotiations to acquire some additional
21 property there.
22 The property fronts on
23 Drive, which would be the main entrance. Across
24 the street, there's a large retention pond. And
25 right next to that, on Perdue, is a junkyard.
Diane M. Tropia, Inc.,
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1 Mr. Crofts was saying that there was no --
2 the Planning Department was saying there's no
3 commercial on this road, but actually right
4 diagonally to it, to the southeast, there -- at
5 the corner of
6 power lines, that entire triangular corner
7 there, I believe, was -- is a PUD done for a
8 convenience store and service station, a rather
9 large one, and zoning of -- I think CCG-2.
10 I have met with all of the owners that are
11 on that property, on
12 every one of them signed a -- letters in support
13 of this development.
14 It is a large four-lane road. I'm sure
15 there will be more commercial up and down it
16 coming in the near future because it's a
17 brand-new road, but -- and it is kind of like a
18 funnel from all the subdivisions out there in
19 the area coming to the new mall out there that
20 they have, which is enlarging, by the way,
21 but -- and behind the project altogether is just
22 woods.
23 So there's ample buffering. The people
24 that would be affected have -- are in support of
25 this. And, looking at the map, there's just no
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1 one else that would be affected.
2 And being a professional office center,
3 they're going to maintain residential
4 architecture in the construction of the
5 single-story buildings and -- looking for your
6 support on this.
7 THE CHAIRMAN: Thank you, Mr. Boswell.
8 MR. BOSWELL: Thank you.
9 THE CHAIRMAN: Where did you say the church
10 was? I'm looking at Attachment A in the
11 Planning Department's report.
12 MR. BOSWELL: Okay. It --
13 THE CHAIRMAN: Is it immediately west --
14 MR. BOSWELL: Immediately to the -- to the
15 west.
16 THE CHAIRMAN: Okay. And then there's
17 another large, undeveloped parcel, that's still
18 undeveloped?
19 MR. BOSWELL: That large undeveloped parcel
20 is the church and school, proposed building site
21 right now.
22 THE CHAIRMAN: And what are the two lots
23 that are exactly contiguous to your property,
24 between your property and the church? Are they
25 vacant?
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1 MR. BOSWELL: No, sir. There's -- there's
2 a single mobile home on one of them, I believe,
3 and a double-wide on the other one.
4 THE CHAIRMAN: Okay. And where was the
5 junkyard?
6 MR. BOSWELL: The junkyard is directly
7 across the street -- directly across Airport
9 pond there, probably several acres large.
10 THE CHAIRMAN: Directly across from your
11 property or the church's property?
12 MR. BOSWELL: Directly across from this
13 project.
14 THE CHAIRMAN: Okay. All right.
15 Thank you, sir.
16 Questions?
17 MR. BOSWELL: And behind that is a
18 junkyard.
19 THE CHAIRMAN: All right. Question for
20 Mr. Boswell?
21 Mr. Holt has a question.
22 MR. HOLT: Mr. Boswell, do you have -- do
23 you have letters of support from those -- those
24 neighbors you said?
25 MR. BOSWELL: I do have -- I have signed
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1 letters from everyone.
2 MR. HOLT: Can you pass those out to the
3 committee?
4 MR. BOSWELL: I -- yes, I can, but they
5 were also sent to -- and I have support --
6 100 percent support of the CPAC committee also.
7 MR. HOLT: Okay.
8 MR. BOSWELL: I'll have to get them.
9 They're stuck in here.
10 But they were also sent around to all
11 the --
12 MR. HOLT: Okay. Thank you, sir. That's
13 the only question I have for you.
14 MR. BOSWELL: And including the -- the
15 diocese signed the letters also.
16 THE CHAIRMAN: Thank you, Mr. Boswell.
17 Any other questions for Mr. Boswell from
18 the committee?
19 COMMITTEE MEMBERS: (No response.)
20 THE CHAIRMAN: All right. Seeing none,
21 Mr. Riley, you're next.
22 (Mr. Riley approaches the podium.)
23 MR. RILEY: Bob Riley, 7350
24 Boulevard.
25 I'm here to provide support for this
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1 proposed application, and it is important -- we
2 met with the CPAC out there and found that they
3 fully supported this application.
4 This site is unusual. It has an unusual
5 orientation. It is -- to the -- to the east and
6 west are two subdivisions that are completely
7 walled off from
8 the -- from these properties.
9 And this one has a major retention pond
10 directly across from it, which was, I'm sure,
11 built for the provisions to the
12
Drive. And, by the way,
13 a minor arterial. It is not a residential road.
14 This, in fact, is going to be one of the
15 major connectors to about a 2,000-plus-acre
16 mixed-use PUD that you're getting ready to
17 approve tonight to send for final adoption to
18 the State of
19 So this is no minor road. And, in fact,
20 this road is a divided road with a median and,
21 in fact, at this location here with
22 there is a turning movement lane. So this comes
23 well to supporting both the school and the use
24 of this office park.
25 The RPI is the best compatible use to
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1 adjoin a future Catholic church and school.
2 And, in fact, directly northeast of here is
3
4 Given the site location and the orientation
5 of this particular parcel and with the fact that
6 you are on a minor arterial and that you have in
7 close proximity commercial sites being
8 developed -- in fact, just a year ago, you
9 approved a -- or a year and a half -- yes, a
10 year ago, May, you approved a commercial site at
11 the southwest corner of Starratt and Airport
13 use at this particular location as RPI.
14 Thank you very much.
15 THE CHAIRMAN: Thank you, Mr. Riley.
16 Any questions for Mr. Riley?
17 COMMITTEE MEMBERS: (No response.)
18 THE CHAIRMAN: All right. Seeing none, our
19 next speaker is Gary Rowland.
20 Am I pronouncing your name correctly?
21 (Audience member approaches the podium.)
22 AUDIENCE MEMBER: That's correct.
23 THE CHAIRMAN: All right. Thank you.
24 AUDIENCE MEMBER: Gary Rowland, 1429
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1 I'm the manager at St. Patrick's Church,
2 and I'd just like to say that we do support this
3 issue.
4 And that's all I have.
5 THE CHAIRMAN: Thank you, sir.
6 Any questions for Mr. Rowland?
7 COMMITTEE MEMBERS: (No response.)
8 MR. ROWLAND: Thank you.
9 THE CHAIRMAN: All right. Our next speaker
10 is James Hambrick.
11 (Audience member approaches the podium.)
12 AUDIENCE MEMBER: My name is James
13 Hambrick. I live at
14 It's one house away from the proposed
15 project, and I wanted to say I have no problem
16 with it. And, as far as I know, my neighbors
17 have no problem with it.
18 THE CHAIRMAN: Okay. Thank you, sir.
19 Any questions?
20 COMMITTEE MEMBERS: (No response.)
21 THE CHAIRMAN: All right. Anyone else care
22 to address the committee?
23 AUDIENCE MEMBERS: (No response.)
24 THE CHAIRMAN: Seeing no one, then the
25 public hearing is closed.
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1 Mr. Holt.
2 MR. HOLT: Move the bill.
3 THE CHAIRMAN: Motion to approve by
4 Mr. Holt --
5 MR. BISHOP: Second.
6 THE CHAIRMAN: -- second by Mr. Bishop.
7 Discussion?
8 Mr. Holt.
9 MR. HOLT: Thank you, Mr. Chair.
10 Council members, I just wanted to make a
11 few comments on this. This is in my district.
12 As we heard a little while ago, the
13 immediate neighbors around there are in support
14 of it. This is a brand-new road that -- it's
15 going to be fronting on the east-west connector,
16
17 in the past, talked to Mr. Boswell about this,
18 and -- Mr. Boswell, could you come up here? I
19 want to ask you one more question about this.
20 (Mr. Boswell approaches the podium.)
21 MR. HOLT: We had discussed at some
22 point --
23 MR. BOSWELL: Yes, sir.
24 MR. HOLT: -- restricting the uses because
25 I know with an RPI land use, at some point, if
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1 this didn't work out, it would be possible to
2 change to a different zoning for residential
3 use. But have we put some sort of asterisk to
4 restrict this to only the office and
5 professional uses?
6 MR. BOSWELL: Yes, sir, I did.
7 I wrote a very narrow PUD description, that
8 it was strictly to be used for professional
9 offices and that the architecture was to remain
10 residential in appearance.
11 MR. HOLT: Okay.
12 MR. BOSWELL: And there was --
13 MR. HOLT: My fear --
14 MR. BOSWELL: There was just nothing else
15 allowed.
16 Under the RPI, they can use, I think,
17 multifamily, and we restricted that also. So
18 that -- and that was one major concern, both the
19 church and the adjacent neighbors, that they
20 did -- this is something they did not want --
21 MR. HOLT: Right.
22 MR. BOSWELL: -- so I just removed that.
23 MR. HOLT: Right.
24 And that's my fear, that -- if we approve
25 the land use and then somewhere down the road
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1 the zoning doesn't work out, and then you come
2 back, you have kind of a foot in the door to put
3 in a more dense residential.
4 So hav- -- knowing that we have that
5 commitment, then, council members, I'm in full
6 support of this.
7 Thank you.
8 THE CHAIRMAN: Thank you, Mr. Holt.
9 Mr. Bishop.
10 MR. BISHOP: Thank you, Mr. Chairman.
11 In this case, I would -- my opinion is -- I
12 would differ with the Planning Department on the
13 appropriateness of this.
14 While technically this property is
15 sandwiched between other single-family or low
16 density residential land uses, none of this
17 accesses
18 neighborhoods go in the opposition direction.
19 The JEA power line easement is a buffer, in a
20 sense, between this property and the adjacent
21 neighborhood.
22 You've got a school on the other side
23 that -- that will enter onto
24 Road. This, as a -- this -- if it was to remain
25 a residential neighborhood, it's always going to
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1 be isolated. In a sense, it's got one way in
2 and out onto -- onto
3 this kind of a use, to me, makes perfect sense
4 to go off of
5 particular case, so I think -- I think it makes
6 sense.
7 Thank you.
8 THE CHAIRMAN: Thank you, Mr. Bishop.
9 Any other discussion?
10 COMMITTEE MEMBERS: (No response.)
11 THE CHAIRMAN: We have a motion and a
12 second to approve.
13 If there's no further discussion --
14 MR. JOOST: Did the Planning Department
15 deny?
16 THE CHAIRMAN: The Planning Department
17 recommends denial, and the Planning Commission
18 denied. But we have a motion to approve on the
19 floor. So if you support the motion to approve,
20 you'll vote green. If you oppose, you'll vote
21 red.
22 No further discussion, open the ballot.
23 (Committee ballot opened.)
24 MR. CRESCIMBENI: (Votes yea.)
25 MR. HOLT: (Votes yea.)
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1 MR. BISHOP: (Votes yea.)
2 MR. D. BROWN: (Votes yea.)
3 MR. JOOST: (Votes yea.)
4 MR. REDMAN: (Votes yea.)
5 (Committee ballot closed.)
6 MS. LAHMEUR: Six --
7 THE CHAIRMAN: Vote.
8 I'm sorry. Go ahead.
9 MS. LAHMEUR: Six yeas, zero nay.
10 THE CHAIRMAN: By your action, you've
11 approved item 8, 2010-486.
12 Item 9, 2010-487.
13 Mr. Kelly.
14 MR. KELLY: Thank you.
15 To the Chair, this is the companion
16 rezoning, 2010-487, seeking to rezone the
17 subject property from the RLD-100A as well as
18 RLD-120 to allow for a planned unit development
19 that would be consistent with the commercial
20 office zoning category.
21 Again, the department does not support this
22 rezoning in this instance. We find it to be a
23 spot zoning in that it is also unrelated to the
24 immediate uses surrounding it, the residential
25 uses. We find it to be kind of premature and
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1 contribute to a pattern of urban sprawl.
2 However, in light of the approval of the
3 land use, if there are conditions to be applied,
4 we would recommend incorporating the original
5 written description and legal description and
6 site plan dated October 26th.
7 THE CHAIRMAN: Thank you, Mr. Kelly.
8 This is a quasi-judicial matter. Does
9 anyone have any ex-parte communication to
10 disclose?
11 COMMITTEE MEMBERS: (No response.)
12 THE CHAIRMAN: All right. Seeing none, we
13 have a public hearing scheduled. I have four
14 speakers; Mr. Boswell, Mr. Riley, Mr. Rowland,
15 and Mr. Hambrick.
16 Would you all -- do you all want to address
17 the committee?
18 All right. Well, the public hearing is
19 open. Mr. Boswell.
20 (Mr. Boswell approaches the podium.)
21 MR. BOSWELL: Yes. Dan Boswell, 4014 Ranie
22 Road,
23 For all the same reasons I previously
24 stated, I believe this to be an excellent infill
25 development, well needed in that area. With the
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1 restrictions that I placed on it, with the help
2 of the Planning Department, on the architecture,
3 design and buffering, I think this would be an
4 excellent development.
5 THE CHAIRMAN: Mr. Boswell, you heard the
6 conditions --
7 MR. BOSWELL: Yes, I did.
8 THE CHAIRMAN: -- referenced by Mr. Kelly.
9 Do you -- would you agree to those on the
10 record?
11 MR. BOSWELL: Yes, I would.
12 THE CHAIRMAN: All right. Mr. Kelly.
13 MR. KELLY: To the Chair, there are also
14 two memorandums. One is from the Development
15 Service Division, Traffic Engineering section,
16 and one is also from the Florida Department of
17 Transportation. The memorandums are in your
18 package. The Development Services memorandum is
19 dated June 15th, 2010, and the FDOT memorandum
20 is dated July 15th, 2010.
21 We would like to incorporate those
22 memorandums as well with the conditions, the
23 standard conditions regarding the legal, the
24 site plan, and the written description.
25 THE CHAIRMAN: Okay. Mr. Boswell, do you
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1 agree to those?
2 MR. BOSWELL: Yes.
3 THE CHAIRMAN: Okay. Thank you, sir.
4 Mr. Reingold, that can all be wrapped up in
5 one amendment?
6 MR. REINGOLD: Yes, sir.
7 At the moment, what I'm looking at is the
8 standard four conditions:
9 "The development shall be subject to the
10 legal description dated October 26th, 2009."
11 "The development shall be subject to the
12 written description dated October 26th, 2009."
13 "The site plan shall be" -- or -- "the
14 development shall be subject to the site plan
15 dated October 26th, 2009."
16 Additionally, it would include the
17 traditional Traffic Engineering memorandum,
18 which now would include the FDOT memorandum as
19 described by Mr. Kelly.
20 I guess the final question I have with that
21 is that, do they want -- does the committee want
22 the language "or as otherwise approved by the
23 Planning and Development Department" at the end
24 of the condition concerning the traffic
25 memorandum?
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1 THE CHAIRMAN: Mr. Kelly, do you want to
2 respond to that?
3 MR. KELLY: Yes.
4 That's traditionally -- basically allows
5 the department some discretion when evaluating
6 more detailed site plans during ten-set review,
7 so we would like that.
8 THE CHAIRMAN: Mr. Reingold.
9 MR. REINGOLD: That's fine.
10 I guess I'm looking at the PUD written
11 description very quickly, and I was hearing some
12 of the comments and concerns from Councilmember
13 Holt, and I just wanted to, if I could, ask a
14 question of Mr. Boswell to make sure that
15 Councilmember Holt's issues are concerned [sic],
16 based upon what I've read in the written
17 description that I've gotten from him.
18 THE CHAIRMAN: You may.
19 Mr. Boswell --
20 MR. BOSWELL: Yes.
21 THE CHAIRMAN: -- a question from
22 Mr. Reingold.
23 MR. REINGOLD: First off, in the uses and
24 restrictions, it says, "Permitted Uses and
25 Structures: Uses provided for in
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1 Section 656.311 for the commercial/office zoning
2 district, including those uses as being
3 permitted and those uses permissible by
4 exception," so I guess those would all be
5 permissible.
6 And then it says, "Uses outlined in
7 Section 656.311 for the commercial/office zoning
8 district as being permissible by zoning
9 exception shall requirement [sic] the grant of a
10 zoning exception by the Planning Commission."
11 I'm just confused. Were you anticipating
12 that all the uses by exception and all the uses
13 by right would all be by right, or the ones by
14 right in CO by right, the ones by exception by
15 exception?
16 And then to go to the council member's
17 question about architectural design, it simply
18 says at the end, "Building structures and
19 signage shall be constructed and painted with
20 materials which are aesthetically pleasing."
21 "The site plan and architectural
22 elevations shall be reviewed by the Planning and
23 Development Department for consistency with the
24 North
25 at the time of verification of substantial
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1 compliance of the PUD."
2 I guess my question to the council member,
3 to the applicant, and to the Planning
4 Department, are the restrictions and issues that
5 the council member raised, are they being
6 addressed? If they're not, then we need to come
7 up with some conditions to make sure they are.
8 THE CHAIRMAN: Mr. Boswell, how would you
9 feel about deferring this bill and getting
10 together with the Planning Department and
11 getting it all worked out for two weeks -- two
12 weeks from now?
13 MR. BOSWELL: Is -- is there something that
14 we could agree to tonight to get this --
15 THE CHAIRMAN: The land use has got to go
16 to
17 two-week delay is not going to --
18 MR. BOSWELL: Okay.
19 THE CHAIRMAN: I mean, that would be my
20 suggestion --
21 MR. BOSWELL: Sure.
22 THE CHAIRMAN: -- just to kind of speed
23 things up and make -- get everybody on the same
24 page.
25 MR. BOSWELL: Absolutely.
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1 THE CHAIRMAN: If you're agreeable to
2 that --
3 MR. BOSWELL: I am agreeable.
4 THE CHAIRMAN: Mr. Riley, Mr. Rowland,
5 Mr. Hambrick, are you all agreeable to that?
6 MR. RILEY: (Nods head.)
7 MR. ROWLAND: (Nods head.)
8 MR. HAMBRICK: (Nods head.)
9 THE CHAIRMAN: Okay. Anyone else care to
10 address the committee?
11 AUDIENCE MEMBERS: (No response.)
12 THE CHAIRMAN: All right. Seeing no one,
13 the public hearing is closed -- I'm sorry --
14 continued until September 21st, and we'll take
15 no further action on this bill tonight.
16 And, Mr. Boswell, if you and your clan will
17 get with Mr. Reingold and Mr. Kelly, I think in
18 two weeks we'll have it all worked out and we
19 can just take care of it like that. Okay?
20 MR. BOSWELL: Thank you.
21 THE CHAIRMAN: Thank you for your
22 cooperation.
23 Turning to page 5, at the top of the page,
24 item 10, 2010-499. There will be no action on
25 this bill tonight, but we do have a public
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1 hearing scheduled.
2 The public hearing is open.
3 Do we have any speaker cards?
4 MR. JOOST: (Inaudible.)
5 THE CHAIRMAN: You don't have to tonight.
6 Would you like to?
7 MR. JOOST: (Inaudible.)
8 THE CHAIRMAN: All right. The public --
9 seeing no speakers, the public hearing is
10 continued until September 21st.
11 Mr. Joost.
12 MR. JOOST: Thank you, Mr. Chairman.
13 I'd like to declare ex-parte communications
14 with Bert Watson, and we just discussed the
15 general issues with this zoning. Thank you --
16 on the sign waiver.
17 Thank you.
18 THE CHAIRMAN: Thank you, Mr. Joost.
19 Mr. Redman, did you want to --
20 MR. REDMAN: Yes, sir.
21 I need to declare ex-parte. I talked this
22 afternoon with Tracy Winfrey (phonetic),
23 Bert Watson, and Michelle Herring (phonetic) on
24 this sign waiver.
25 Thank you.
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1 THE CHAIRMAN: Thank you, Mr. Redman.
2 Mr. Bishop.
3 MR. BISHOP: Thank you, Mr. Chairman.
4 I also declare ex-parte, same people, same
5 subject, this afternoon.
6 THE CHAIRMAN: Thank you.
7 Anyone else?
8 COMMITTEE MEMBERS: (No response.)
9 THE CHAIRMAN: All right. The public
10 hearing is continued on September 21st, no other
11 action on that bill.
12 Item 11, 2010-550. We will not take any
13 action on this at the request of the applicant,
14 but we do have a public hearing scheduled.
15 The public hearing is open. I have no
16 speaker cards.
17 Anyone care to address the committee?
18 AUDIENCE MEMBERS: (No response.)
19 THE CHAIRMAN: Seeing no one, the public
20 hearing is continued to September 21st and the
21 bill is deferred.
22 Item 12, 2010-551.
23 Mr. Kelly.
24 MR. KELLY: Thank you.
25 To the Chair and to committee members,
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1 ordinance 2010-551 requests to reduce the
2 minimum required setback for a sign from
3 ten feet to zero feet.
4 The subject property is located at 1061
7 Riverside Avondale Historic District and
8 Riverside Avondale Zoning Overlay.
9 The department reviewed for -- this
10 reduction in the setback request against the
11 criteria for a sign waiver and finds that it
12 meets the criteria. The proposed sign, again,
13 is going to be a nonilluminated, ten-square-foot
14 sign consistent with established signage in the
15 neighborhood.
16 The department is recommending approval
17 subject to the four conditions in your staff
18 report and also on the agenda. I believe
19 there's a slight modification to some of the
20 verbiage that we spoke with OGC about this
21 morning on this, so I'll read it into the
22 record.
23 Condition 1 reads, "The waiver shall be
24 personal to the applicant, nontransferrable, and
25 shall not run with title to the land."
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1 Condition 2, "No additional ground signs
2 shall be permitted on the property."
3 Condition 3, "The sign shall be limited to
4 five feet in height and ten square feet in
5 area."
6 Condition 4, "The sign shall not be
7 internally illuminated."
8 Pending those four conditions for approval,
9 the department is recommending approval.
10 THE CHAIRMAN: Thank you, Mr. Kelly.
11 This is a quasi-judicial matter. Do any
12 council members have any ex-parte communication
13 to disclose?
14 COMMITTEE MEMBERS: (No response.)
15 THE CHAIRMAN: All right. Seeing none, we
16 also have a public hearing scheduled this
17 evening. The public hearing is open.
18 Do I have any speaker cards on this?
19 MS. DAVIS: No.
20 THE CHAIRMAN: All right. Anyone care to
21 address the committee?
22 AUDIENCE MEMBERS: (No response.)
23 THE CHAIRMAN: All right. Mr. Reingold,
24 how about the conditions? If we move the
25 conditions, have they been accepted at Planning
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1 Commission or --
2 MR. REINGOLD: No. This actually -- item
3 does not go to Planning Commission. This only
4 goes to the LUZ Committee.
5 THE CHAIRMAN: All right. So what I'll do
6 is I will continue the public hearing until
7 September 21st, and someone from the Planning
8 Department either needs to contact the applicant
9 and have them here at the meeting on the 21st or
10 transact the -- transact the acceptance through
11 written communication or something so we'll be
12 postured properly in two weeks.
13 So that item is deferred.
14 Item 13, 2010-552. There's a request to
15 withdraw this.
16 Mr. Kelly, do you still want to give your
17 report? It's not really necessary, is it?
18 MR. KELLY: No. We would also recommend
19 withdrawal with fees.
20 THE CHAIRMAN: Okay. I have a scheduled
21 public hearing this evening. The public hearing
22 is open. I have no speaker cards.
23 Anyone care to address the committee?
24 AUDIENCE MEMBERS: (No response.)
25 THE CHAIRMAN: Seeing no one, the public
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1 hearing is closed.
2 MR. HOLT: Move withdrawal with fees.
3 THE CHAIRMAN: Motion to withdraw with fees
4 from Mr. Holt --
5 MR. BISHOP: Second.
6 THE CHAIRMAN: -- second by Mr. Bishop.
7 Discussion on the motion?
8 COMMITTEE MEMBERS: (No response.)
9 THE CHAIRMAN: Seeing none, open the
10 ballot, vote.
11 (Committee ballot opened.)
12 MR. CRESCIMBENI: (Votes yea.)
13 MR. HOLT: (Votes yea.)
14 MR. BISHOP: (Votes yea.)
15 MR. D. BROWN: (Votes yea.)
16 MR. JOOST: (Votes yea.)
17 MR. REDMAN: (Votes yea.)
18 (Committee ballot closed.)
19 MS. LAHMEUR: Six yeas, zero nay.
20 THE CHAIRMAN: By our action, you have
21 approved item 13, 2010-552.
22 Turning to the top of page 6, item 14,
23 2010-580.
24 Mr. Crofts.
25 MR. CROFTS: This particular piece of
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1 legislation is proposed -- is a proposed land
2 use amendment to the future land use map series
3 of the 2030 Comprehensive Plan and it seeks to
4 modify 1.11 acres of land located at 647 East
6 It is located in the Urban Core Planning
7 District in Council District 7. The request is
8 specifically to change or modify the land use
9 from LDR, low density residential, to LI, light
10 industrial.
11 The Planning Department staff has conducted
12 a review of this item. And in terms of its
13 compatibility, the trends in the area, the
14 impacts on those uses, its consistency with
15 applicable plans, and in consideration of the
16 overall impacts and the relationship to the
17 existing neighborhoods, the staff recommends
18 approval.
19 The subject site, again, is located in an
20 existing light industrial and residential area
21 as evidenced by surrounding land use
22 designations, continued light industrial uses on
23 the subject site, is therefore consistent with
24 the character of the surrounding area, and we
25 find it consistent with several policies of the
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1 future land use element, specifically objective
2 3.2 and policy 3.27.
3 Staff recommends approval of this land use
4 amendment.
5 THE CHAIRMAN: Thank you, Mr. Crofts.
6 We have a public hearing scheduled this
7 evening.
8 The public hearing is open. I have one
9 speaker's card, Scott Sullivan.
10 (Audience member approaches the podium.)
11 THE CHAIRMAN: Mr. Sullivan.
12 AUDIENCE MEMBER: Yes. Excuse me.
13 My name is Scott Sullivan, at 2336
15 I am the current owner of the property, and
16 I was really just going to give everyone kind of
17 an oversight of the property that may not know
18 that much about it.
19 I currently work for a company, Cogburn
20 Brothers, Incorporated, which is a construction
21 company. I have for the last 30 years.
22 Cogburn operated a construction company
23 from this location from about 1992. In about
24 2005, Cogburn relocated their business to an
25 area where they had some more property and sold
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1 me the property.
2 Unfortunately for me, Cogburn Brothers,
3 being a great company to work for, but the
4 owners soon will retire, and that will leave me
5 starting a construction company, and my intent
6 is to start from the location at -- listed here
7 on the bill.
8 So with that said, we have operated a
9 construction company from this location. It was
10 a successful company. I think it was good for
11 the surrounding areas. We never really had any
12 problems with any issues, with any of the
13 neighbors, and my plan would be to continue to
14 operate a construction company. I just wanted
15 to have the proper zoning in place so there
16 wouldn't be no issues in the future.
17 Thank you.
18 THE CHAIRMAN: Thank you, sir.
19 Any questions from the committee?
20 COMMITTEE MEMBERS: (No response.)
21 THE CHAIRMAN: All right. I have no other
22 speakers' cards. Anyone else care to address
23 the committee?
24 AUDIENCE MEMBERS: (No response.)
25 THE CHAIRMAN: Seeing no one, the public
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1 hearing is closed.
2 MR. JOOST: Move the bill.
3 MR. BISHOP: Second.
4 THE CHAIRMAN: Motion by -- motion for
5 approval by Mr. Joost, second by Mr. Bishop.
6 Any discussion?
7 COMMITTEE MEMBERS: (No response.)
8 THE CHAIRMAN: If not, open the ballot,
9 vote.
10 (Committee ballot opened.)
11 MR. CRESCIMBENI: (Votes yea.)
12 MR. HOLT: (Votes yea.)
13 MR. BISHOP: (Votes yea.)
14 MR. D. BROWN: (Votes yea.)
15 MR. JOOST: (Votes yea.)
16 MR. REDMAN: (Votes yea.)
17 (Committee ballot closed.)
18 MS. LAHMEUR: Six yeas, zero nay.
19 THE CHAIRMAN: By your action, you've
20 approved item 14, 2010-580.
21 Item 15. Mr. Kelly, if you can be brief on
22 your report.
23 MR. KELLY: Thank you.
24 To the Chair and to the committee members,
25 ordinance 2010-581. This is the, again,
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1 companion rezoning to the previous land use
2 request. The subject zoning is going from
3 RLD-60 to industrial light, basically to
4 accommodate the existing construction company
5 business that has been operating at the subject
6 property for numerous years.
7 The department finds it is consistent with
8 both the comprehensive plan and furthers the
9 goals, objectives, and policies of the
10 comprehensive plan, and is recommending
11 approval.
12 THE CHAIRMAN: Thank you, Mr. Kelly.
13 This is a quasi-judicial matter. Does
14 anyone have any ex-parte communication to
15 disclose?
16 COMMITTEE MEMBERS: (No response.)
17 THE CHAIRMAN: Okay. Seeing none, we have
18 a public hearing scheduled. I only have one
19 speaker's card. It's Mr. Sullivan.
20 Mr. Sullivan --
21 MR. SULLIVAN: (Shakes head.)
22 THE CHAIRMAN: -- doesn't want to speak.
23 Anyone else care to address the committee?
24 AUDIENCE MEMBERS: (No response.)
25 THE CHAIRMAN: All right. Seeing none, the
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1 public hearing is closed.
2 MR. BISHOP: Move the bill.
3 MR. HOLT: Second.
4 THE CHAIRMAN: Motion by Mr. Bishop, second
5 by Mr. Holt, motion to approve.
6 Any discussion?
7 COMMITTEE MEMBERS: (No response.)
8 THE CHAIRMAN: If not, open the ballot,
9 vote.
10 (Committee ballot opened.)
11 MR. CRESCIMBENI: (Votes yea.)
12 MR. HOLT: (Votes yea.)
13 MR. BISHOP: (Votes yea.)
14 MR. D. BROWN: (Votes yea.)
15 MR. JOOST: (Votes yea.)
16 MR. REDMAN: (Votes yea.)
17 (Committee ballot closed.)
18 MS. LAHMEUR: Six yeas, zero nay.
19 THE CHAIRMAN: By our action, you've
20 approved item 15, 2010-581.
21 Item 16, 2010-582.
22 Mr. Crofts.
23 MR. CROFTS: This ordinance is proposed --
24 is a proposed land use amendment to the future
25 land use map series of the comp plan to
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1 modify .95 acres. The property is located at
2 7614 and 7622
3 Planning District in Council District 10.
4 The request is from RPI,
5 residential-professional-institutional, to IL,
6 industrial light.
7 The Planning Department has conducted a
8 review of this particular property. It allows
9 for the opportunity for this existing business
10 to expand its office to include outdoor storage.
11 Staff recommends approval because of its
12 consistency and compatibility.
13 THE CHAIRMAN: Thank you, Mr. Crofts.
14 We have a public hearing scheduled this
15 evening. I have no speaker cards on this item.
16 The public hearing is open.
17 Anyone else care to address the committee?
18 AUDIENCE MEMBERS: (No response.)
19 THE CHAIRMAN: Seeing no one, the public
20 hearing is closed.
21 MR. JOOST: Move the bill.
22 MR. HOLT: Second.
23 THE CHAIRMAN: Motion to approve by
24 Mr. Joost, second by Mr. Holt.
25 Discussion?
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1 COMMITTEE MEMBERS: (No response.)
2 THE CHAIRMAN: Seeing none, open the
3 ballot, vote.
4 (Committee ballot opened.)
5 MR. CRESCIMBENI: (Votes yea.)
6 MR. HOLT: (Votes yea.)
7 MR. BISHOP: (Votes yea.)
8 MR. D. BROWN: (Votes yea.)
9 MR. JOOST: (Votes yea.)
10 MR. REDMAN: (Votes yea.)
11 (Committee ballot closed.)
12 MS. LAHMEUR: Six yeas, zero nay.
13 THE CHAIRMAN: By our action, you have
14 approved item 16, 2010-582.
15 Item 17, 2010-583.
16 Mr. Kelly.
17 MR. KELLY: Thank you.
18 To the Chair and committee members,
19 ordinance 2010-583, again, it's the companion
20 rezoning to the previous land use application.
21 The proposed zoning is going from
22 current -- currently, commercial, residential
23 and office to industrial light.
24 For the reasons cited within the land use
25 amendment, the department supports the companion
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1 rezoning to industrial light and finds it to be
2 compatible with property immediately to the
3 north and east of the subject site.
4 Again, this will accommodate an existing
5 business that has operated on that site for over
6 ten years.
7 The department is recommending approval.
8 THE CHAIRMAN: Thank you, Mr. Kelly.
9 This is a quasi-judicial matter. Anybody
10 have any ex-parte communication to disclose?
11 COMMITTEE MEMBERS: (No response.)
12 THE CHAIRMAN: All right. Seeing none, we
13 have a public hearing.
14 The public hearing is open. I have no
15 speaker cards.
16 Anyone care to address the committee?
17 AUDIENCE MEMBERS: (No response.)
18 THE CHAIRMAN: All right. Seeing no one,
19 the public hearing is closed.
20 MR. JOOST: Move the bill.
21 MR. D. BROWN: Second.
22 THE CHAIRMAN: Motion on the -- motion to
23 approve by Mr. Joost, second by Mr. Brown.
24 All right. Any discussion?
25 COMMITTEE MEMBERS: (No response.)
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1 THE CHAIRMAN: If not, open the ballot,
2 vote.
3 (Committee ballot opened.)
4 MR. CRESCIMBENI: (Votes yea.)
5 MR. HOLT: (Votes yea.)
6 MR. BISHOP: (Votes yea.)
7 MR. D. BROWN: (Votes yea.)
8 MR. JOOST: (Votes yea.)
9 MR. REDMAN: (Votes yea.)
10 (Committee ballot closed.)
11 MS. LAHMEUR: Six yeas, zero nay.
12 THE CHAIRMAN: By our action, you've
13 approved item 17, 2010-583.
14 Ms. Tropia, we are getting ready to get
15 into a couple of controversial items. How are
16 you fixed? You need a break?
17 (Discussion held off the record.)
18 THE CHAIRMAN: How many people are here on
19 item 18 or 19 to speak, raise your hand, please.
20 AUDIENCE MEMBERS: (Indicating.)
21 THE CHAIRMAN: And how about items 20 and
22 21?
23 AUDIENCE MEMBERS: (Indicating.)
24 THE CHAIRMAN: That's not too bad.
25 All right. Our court reporter, we only
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1 make her pound the keys for about two hours and
2 then we give her a break, and we're coming up on
3 that. So we'll take up items 18 and 19, but we
4 may have to take a break in between to give her
5 a few minutes to regain the sensation in her
6 fingertips.
7 Item 18, 2010-584.
8 Mr. Crofts.
9 MR. CROFTS: Item 18, ordinance 2010-584,
10 is a small scale land use amendment to the
11 future land use map series of the 2030
12 Comprehensive Plan to change the existing future
13 land use designation of 5.56 acres from RPI,
14 residential-professional-institutional, to NC,
15 neighborhood commercial.
16 The subject property is located at 9069 and
18 Planning District and in Council District 5.
19 The property currently carries a PUD
20 zoning designation that would allow up to
21 60 condominiums.
22 A quick review of the current designation
23 of future land uses along this stretch or link
24 of
25 of
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1 shows a predominance of RPI land use on the east
2 side of the road, east side of
3 Boulevard, and a predominance of LDR, or low
4 density residential, on the west side of
6 existing commercial uses on the west side of
8 There is also preservation land designated
9 for preservation, open space, just south of this
10 property, on the east side of
11 Boulevard, as well as on the east side of
13 north, as well as the City's boat ramp going
14 north to Goodby's Creek.
15 There is also office uses and apartments
16 south of this particular property leading to
18 The existing RPI land use, as defined in
19 the comprehensive plan, already allows for
20 commercial uses up to 50 percent in a mixed-use
21 arrangement, which we feel is the appropriate
22 intensity at this location, along this
23 particular stretch of
24 therefore, this amendment, in our opinion, is
25 inconsistent with several provisions of the
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1 future land use element.
2 The key word here, in our opinion, is
3 "balance" in allowing all of this commercial
4 along this particular stretch of road, in our
5 opinion, tips the scale in terms of the
6 character of the area. We would like to protect
7 this particular stretch of road, much like it is
8 to the north of
9 significant stretches along
10 in the residential connotation with commercial
11 nodes or orientations at appropriate
12 intersections such as
14 So, in conclusion, the department is
15 recommending denial of this particular land use
16 amendment because of its inconsistency,
17 because -- with several provisions of the
18 comprehensive plan, primarily dealing with a
19 well-balanced arrangement of land use mix at
20 this particular location and the protection of
21 the existing land use connotations along this
22 stretch of
23 With that, the department recommends
24 denial.
25 Thank you.
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1 THE CHAIRMAN: Thank you, Mr. Crofts.
2 The Planning Commission approved this?
3 MR. CROFTS: That's correct.
4 THE CHAIRMAN: Thank you.
5 MR. JOOST: What was the vote?
6 THE CHAIRMAN: We have a question about the
7 vote. What was the vote at the Planning
8 Commission? Was it five to two? I think it
9 was. Yeah, I think it was five to two.
10 MR. CROFTS: For the record, I believe it
11 was five to two, to the best of my recollection.
12 THE CHAIRMAN: Okay. One housekeeping
13 matter. Jeff Crammond has a speaker's card
14 filled out for this. You need to come up and
15 sign your card, sir. You filled everything out,
16 but you did not sign it. So if you'll sign it,
17 we'll put you in the queue.
18 All right. We have a public hearing
19 scheduled this evening. I have -- I think I
20 have more speaker cards than I saw hands go up,
21 but we will begin.
22 The public hearing is open, and I have
23 Tom Ingram, Mike Saylor, Bill -- it looks like
24 D-o-b-s something -- if you'll make your way
25 forward -- and Kyle Gavin. If you all will
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1 start making your way forward, I'd appreciate
2 it.
3 Mr. Ingram.
4 (Mr. Ingram approaches the podium.)
5 MR. INGRAM: Yes, good evening.
6 Tom Ingram,
7 Suite 260,
8 I'm here for the applicant.
9 A couple of things. I have copies of two
10 letters. One is from the district
11 councilmember, Art Shad, who is in support of
12 the land use amendment.
13 I also have a letter from Councilmember
14 Webb, whose district is adjacent to the site,
15 and he does not object to the land use amendment
16 going forward, if -- if you all need copies.
17 THE CHAIRMAN: Do you have copies?
18 MR. INGRAM: Yes, sir.
19 THE CHAIRMAN: Yeah, we'll distribute
20 those.
21 Thank you.
22 MR. INGRAM: I have a copy of each.
23 THE CHAIRMAN: Okay.
24 MR. INGRAM: Okay. This site is just south
25 of the intersection of
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2 Baymeadows -- or excuse me -- the
3 Apartments. Just north of
4 Goodby's Creek ramp. Across from that is the
5 Rod and Gun Club, which is a social club that's
6 there on
7 Just to the south of the site is the Lewis
8 Petroleum service station. South of that is the
9 Hearst (phonetic) Plaza shopping center. It's a
10 Sleiman -- a small Sleiman shopping center.
11 This site is -- one of the things to
12 consider is that the site has no development to
13 the east, so there's no concern as to adjacent
14 development on that side. There's also no
15 development to the south. The City used the
16 land to the south to mitigate for the wetlands
17 impacts of the Goodby's Creek ramp.
18 As Mr. Crofts discussed, the RPI land use
19 category does allow retail. Really the key
20 issue before you in this application is that RPI
21 limits a site -- and it's a very broad
22 definition of what a "site" is -- to say that
23 not more than 50 percent of a site may be
24 commercial.
25 This particular site is about
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1 five-and-a-half acres. We're proposing in our
2 companion PUD a maximum of 46,200 square feet of
3 retail, which is a relatively small amount.
4 It's a neighborhood-scale shopping center
5 intended to serve the
6 Mandarin neighborhoods, much like the type of
7 retail that exists over at Baymeadows in
8
9 Grill,
10 there. There -- this is really the main
11 shopping corridor. I can say from personal
12 experience -- I live in
13 the site quite a bit -- this would promote
14 having those retail opportunities near the
15 neighborhoods.
16 And, as you may know, if you're familiar
17 with Mandarin, there's really not much retail
18 down
19 been an established residential area, but people
20 are coming into this, into -- into the
21 Boulevard corridor to shop.
22 This is a classic infill project. If you
23 look at the definition in the comprehensive
24 plan, it talks about -- it's defined as
25 "development or redevelopment of land that is or
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1 has been vacant, bypassed, and underutilized,
2 but is located within areas that already have
3 infrastructure, utilities, and public
4 facilities."
5 And I'll continue if you want, but -- we
6 have some other speakers to talk about the
7 traffic impacts, and also Mike Saylor will talk
8 some about the planning issues.
9 But I'm happy to answer any questions you
10 may have.
11 THE CHAIRMAN: Thank you, Mr. Ingram.
12 Who are your other speakers?
13 MR. INGRAM: We'd like it, if it's okay, if
14 Jeff Crammond could go next --
15 THE CHAIRMAN: Okay.
16 MR. INGRAM: -- followed by Mike Saylor.
17 THE CHAIRMAN: Okay.
18 MR. INGRAM: And I believe Mr. Dobscha is
19 here also on this.
20 THE CHAIRMAN: It's Dobscha? Is he part of
21 your group?
22 MR. INGRAM: We have spoken with
23 Mr. Dobscha about this project.
24 THE CHAIRMAN: All right. Any questions
25 from the committee for Mr. Ingram?
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1 COMMITTEE MEMBERS: (No response.)
2 THE CHAIRMAN: All right. Thank you,
3 Mr. Ingram.
4 Mr. Crammond.
5 (Audience member approaches the podium.)
6 AUDIENCE MEMBER: Jeff Crammond, 14775
8 I'm a professional traffic operations
9 engineer for England-Thims & Miller. We've done
10 a traffic assessment of this project, both using
11 the DCA methodology -- and the City agrees that
12 under their methodology there's actually a
13 reduction in traffic from the site, and from the
14 more realistic perspective of the PUD.
15 Based on the PUD, this is a neighborhood
16 commercial, specialty retail, or shopping center
17 type use. If you use the IT trip generation for
18 specialty retail, we come out with about 132
19 trips during the afternoon peak hour, which is
20 the critical period, basically just over a car a
21 second. If we go with the more intensive
22 shopping center use, that increases by an extra
23 car a minute.
24 So it's not a large site, doesn't have a
25 significant impact on
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1 a percent and a half of the maximum service
2 volume on
3 car-and-a-half to two-and-a-half cars a minute
4
versus the
5 so it's significantly less intensive than the
6 adjacent use.
7 We conducted a Synchro -- a sophisticated
8 computer model of the corridor between Beauclerc
9 and Baymeadows for the a.m. peak hour, for the
10 p.m. peak hour, using the existing signal
11 timings and the existing traffic volumes, and
12 then a second analysis overlaying the proposed
13 commercial subdivision -- or commercial
14 development on that.
15 The slide in front of you shows the -- a
16 simulation of that. The left depicts the
17 existing conditions, the right depicts the
18 future conditions. Generally, there is no
19 difference in the level of service that occurs
20 on there. The congestion is pretty much the
21 same.
22 And basically there's no change in the
23 level of service during the a.m. or p.m. peak
24 hour. The Beauclerc intersection, the --
25 per vehicle increases from 11.4 to 12.3 seconds,
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1 and at Baymeadows it increases from 35.4 to
2 35.5.
3 Both intersections operate above the
4 standard for -- that the City has established
5 for
6 So if you've got any questions, I'd be more
7 than happy to answer them.
8 THE CHAIRMAN: Okay. Thank you,
9 Mr. Crammond.
10 Any questions from the committee?
11 COMMITTEE MEMBERS: (No response.)
12 THE CHAIRMAN: All right. Mr. Saylor,
13 you're next.
14 Mr. Saylor will be followed by Mr. Dobscha,
15 Kyle Gavin, Marian Dickson, Robert O'Quinn, and
16 Mark Usdin.
17 If you-all will make your way forward, that
18 would expedite things.
19 Mr. Saylor.
20 (Mr. Saylor approaches the podium.)
21 MR. SAYLOR: Mr. Chairman, my name is
22 Mike Saylor,
23 I'm a planning consultant practicing here
24 in
25 I've got some documents that are being
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1 passed out to you. There will be three maps.
2 One is entitled Parcel Map. One is a land use
3 and one is zoning.
4 Probably the most important one for you to
5 look at will be the parcel map. I'm going to
6 address that last, so you'll get a chance to get
7 it in front of you and kind of sort through the
8 other document, which is about a 12-page
9 rebuttal, if you will, to the staff reports on
10 the land use amendment request and the zoning
11 change request.
12 I've basically taken the staff reports and
13 gone through point by point and attempted to
14 rebut what I consider to be some pretty
15 fine-line distinctions in our goals, policies,
16 and objectives that would take, I think, some of
17 the argument out of the staff's position that
18 this -- this proposed land use change, in
19 particular, would be so inconsistent or so
20 incompatible with the surrounding area.
21 I'm not going to attempt to go through it
22 line item by line item in three minutes, but
23 suffice to say that the land use report -- sorry
24 about the confusing nature of the drawings.
25 There are some germane points that I'll get to.
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1 The staff reports boil down to about seven
2 items. First -- and I'm going to take them a
3 little out of context -- or a little out of
4 order, not out of context.
5 There's a comment made in the staff report
6 that -- that the land use change could
7 constitute urban sprawl. This is
8 Boulevard. This is five acres of land in -- in
9 the midst of 500 acres of commercially- and
10 institutionally-zoned land from
11 down to I-295. It is not urban sprawl.
12 On the converse side, it has been stated
13 that it is perhaps -- does not constitute infill
14 development. This is a classic example of
15 infill development. Again, it is five acres of
16 land in a 500-acre tract, if you will, a strip
17 commercial corridor, something that
18 is actually quite noted for. As you know, most
19 of the commercial development in
20 occurs in a strip corridor fashion, not in
21 nodes, as we discuss in the comp plan.
22 They've suggested that the -- the use is
23 too intense. I think the implication here is
24 that perhaps it generates too much intensive
25 activity and particularly in terms of traffic.
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1 Keep in mind, as it is presently designated
2 as land use and zoning, as RPI, we can develop a
3 multifamily development, we can develop office
4 development, we can do a mixture of the two.
5 Oddly enough, there is a curiosity in the way
6 that our comp plan and traffic work together.
7 A neighborhood commercial designation on
8 this property generates less peak-hour traffic.
9 Absolutely no traffic during the morning peak
10 hour because it's commercial. There's nobody
11 there. And the rest of the traffic generated by
12 this site occurs over an 11-hour time frame
13 during the course of the day, and it's spread
14 pretty uniformly; differently from multifamily,
15 which is all 7:30 in the morning, 5:30 in the
16 evening; different from office, which is 7:30 in
17 the morning, 5:30 in the afternoon.
18 I see the red light. I'm going to just
19 stop and see if anybody has a question.
20 THE CHAIRMAN: Thank you, Mr. Saylor.
21 Any questions from the committee?
22 COMMITTEE MEMBERS: (No response.)
23 THE CHAIRMAN: All right. Thank you, sir.
24 MR. SAYLOR: Thanks.
25 THE CHAIRMAN: Bill Dobscha.
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1 (Audience member approaches the podium.)
2 AUDIENCE MEMBER: How are y'all?
3 I'm Sergeant Bill Dobscha. I actually have
4 the traffic in the -- San Marco, Southside, and
5 the area in question.
6 I was asked to basically bring some traffic
7 stats up. What I've done was I pulled the stats
8 for the last two years. I've got a copy for
9 y'all.
10 I've been in the area for five years, lots
11 of knowledge. Any questions y'all have for me,
12 I'd be glad to answer them in regards to
13 traffic, especially on
14 THE CHAIRMAN: Mr. Dobscha, I have a
15 question.
16 MR. DOBSCHA: Yes, sir.
17 THE CHAIRMAN: Are you here as a -- are you
18 on the clock?
19 MR. DOBSCHA: No, sir.
20 Mr. Ingram asked me to get some stats.
21 THE CHAIRMAN: Okay. So are you being
22 compensated for your --
23 MR. DOBSCHA: No, sir.
24 THE CHAIRMAN: -- presence here today?
25 MR. DOBSCHA: No, sir.
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1 THE CHAIRMAN: I'm just surprised that you
2 wore your uniform if you're not acting in an
3 official capacity.
4 MR. DOBSCHA: I came from work.
5 THE CHAIRMAN: You came from work?
6 MR. DOBSCHA: Yes, sir.
7 THE CHAIRMAN: Any questions?
8 Mr. Joost.
9 MR. JOOST: Thank you.
10 So this is an area you normally patrol?
11 MR. DOBSCHA: Yes, sir.
12 MR. JOOST: How long have you been on the
13 police force?
14 MR. DOBSCHA: Since 1996.
15 MR. JOOST: So what other areas have you
16 patrolled?
17 MR. DOBSCHA: This is it.
18 MR. JOOST: Are you just assigned to the
19 traffic division, per se?
20 MR. DOBSCHA: Yes, sir. I have the traffic
21 squad in the Southside area, Zone 3.
22 MR. JOOST: Okay. In that particular area,
23 how would you describe the traffic in -- in the
24 late afternoon, as congested, free-flowing?
25 MR. DOBSCHA: Northbound is very
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1 free-flowing. Southbound, the lights cycle very
2 well. The issue has always been the light at
3 Beauclerc with the two northbound lanes.
4 I mean, I don't sway either way. If I had
5 my choice, that would be a regular light because
6 that -- most of the crashes you see on the paper
7 are at that intersection. They have nothing to
8 do with --
9 MR. JOOST: Right, because people are
10 swerving over at the last minute or they --
11 everybody else keeps going and they think they
12 can keep going.
13 MR. DOBSCHA: Yes, sir.
14 MR. JOOST: Okay. Thank you.
15 THE CHAIRMAN: Thank you, Mr. Joost.
16 Any other questions from the committee?
17 COMMITTEE MEMBERS: (No response.)
18 THE CHAIRMAN: Thank you, Mr. Dobscha.
19 MR. DOBSCHA: Thank you.
20 THE CHAIRMAN: Kyle Gavin, followed by
21 Marian Dixon, followed by Robert O'Quinn, and
22 Mark Usdin.
23 Mr. Gavin.
24 (Audience member approaches the podium.)
25 AUDIENCE MEMBER: Hi.
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1 My name is Kyle Gavin. I live at 3760
3 I've lived at that location for about
4 20 years. I'm across the street from the
5 proposed development, across
6 My concern is -- we heard the testimony
7 earlier about maybe one -- one or two cars a
8 minute going in there. I can tell you, living
9 there from 20 -- for 20-something years, if
10 you're driving northbound on
11 afternoon rush-hour traffic -- I've literally
12 sat in the median there for ten minutes trying
13 to get across three lanes of traffic because
14 it's backed up from Beauclerc all the way back
15 past
16 that, and so the traffic is heavy there.
17 So my concern with this development is
18 you're going to have to have a light right
19 across the street from Harbor
20 people in and out. There is no way during rush
21 hour traffic for about an hour-and-a-half period
22 that someone's going to be able to come out of
23 this development and turn southbound. It's just
24 not -- you're going -- they're going to be
25 backed up in that median going way back to
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1 Goodby's Creek.
2 And to get to my road,
3 know, you're going to have cars backed up, that
4 it -- won't be anyplace for me to pull in to
5 make a left-hand turn, so you're going to have
6 problems.
7 I noticed in the written description with
8 the amendments, they want the opportunity to be
9 able to build an outparcel, including -- with
10 drive-through capabilities. Well, that doesn't
11 sound like there won't be any morning traffic.
12 That sounds to me like a Dunkin' Donuts or
13 something where people are going to be trying to
14 pull into there, and so you have a major -- you
15 know, the --
16 outlet onto
17 neighborhood back in there, and you -- and I
18 think one thing they're forgetting in all this
19 traffic planning is how
20 the traffic along there, and you're -- you're
21 just -- you're going to have to have a light.
22 Now, you'd have to have a light about 300
23 or -- 3- or 400 feet from the Beauclerc. And as
24 I was driving in this morning, I was looking at
25 how close traffic lights are spaced as you move
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1 in, and you're simply going to have to have a
2 light there to let people in and out, and you're
3 going to be in a situation where -- there are no
4 lights on
5 going to hit the Beauclerc light. As soon as
6 you get through it, there's -- it's going to
7 have to be another light.
8 I heard comments earlier about, well, we
9 want to promote pedestrian traffic, and that
10 really horrified me because to get pedestrians
11 or bicyclists across six lanes of busy traffic
12 going 45 to 55 miles an hour in that area,
13 you're going to have a lot of accidents and
14 problems there, and so I would recommend voting
15 against this.
16 I think the -- the current -- I see my
17 light is red. If there are any questions --
18 THE CHAIRMAN: Thank you, Mr. Gavin.
19 Any questions from the committee?
20 COMMITTEE MEMBERS: (No response.)
21 THE CHAIRMAN: All right. Thank you, sir.
22 Marian Dixon.
23 Marian Dixon is not -- oh, here she is.
24 (Audience member approaches the podium.)
25 AUDIENCE MEMBER: Marian Dixon, 3786
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1 Harbor
2 My house is right on the corner of
3 Harbor Acres and
4 street from this proposed location.
5 I did e-mail everybody on the committee,
6 but I don't think, because of your e-mail
7 problems, that everyone got a copy. I called
8 offices to ask and I got messages. So I'm
9 giving you -- the members that I did not receive
10 callbacks, to make sure that you know that I am
11 opposed to this, both for traffic and for
12 environmental.
13 I think environmental is also a key thing
14 that's been kind of glossed over, and I am very
15 concerned about that. We are all on well water
16 and we depend on the aquifer. And I think that
17 also, along with the traffic and everything
18 else, makes this a key issue, and so I am
19 opposed to it.
20 Thank you.
21 THE CHAIRMAN: Thank you, Ms. Dixon.
22 Any questions from the committee?
23 COMMITTEE MEMBERS: (No response.)
24 THE CHAIRMAN: All right. Robert O'Quinn.
25 (Audience member approaches the podium.)
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1 AUDIENCE MEMBER: I'm Robert O'Quinn. I
2 live at 3715 Harbor
3 street from Ms. Dixon and a street to the north
4 from Kyle Gavin. I've lived there for
5 30 years. My wife moved in there in '67.
6 The overriding predominant use of the
7 surrounding area is residential, be it composed
8 of single-family residential or RPI.
9 You know, to cut to the chase, what
10 happened was this little LLC bought this
11 five-and-a-half acres from our street. They
12 bought it when it was zoned RPI. You have to
13 have -- sure, you can put commercial in RPI, but
14 you have to have residential in there. It was
15 approved for five -- or for 60 condo units.
16 And, of course, they bought it. They were going
17 to build condos, like everybody else. The condo
18 market tanked. Now they want to shift from
19 themselves the risk of their poor investment
20 onto the poor folks, us across the street, so
21 they can have stand-alone commercial, which is
22 for the NC change they're asking about.
23 As I said, the predominant use all around
24 the area is residential, both on the west side
25 of
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1 The only areas where there is true commercial
2 are at the intersections of
3 heading north at
4 and Emerson.
5 You know, Councilman Bishop and Holt, y'all
6 were concerned about encroachment on Loretto
7 Road. Well, that's what's going to happen here
8 if this is approved. We're going to have
9 further encroachment on
10 neighborhood there, including across the west
11 side to my neighborhood.
12 The traffic problem is that -- even if
13 there's not an overall increase in the number of
14 cars going up and down
15 of the use that's key. You've got -- if you're
16 going to be -- if you approve this and they're
17 going to be selling alcohol in there, like
18 they've requested and like your approval would
19 do, is -- you're going to have people coming out
20 of there at 2 o'clock in the morning who have
21 been drinking. And if they want to turn left,
22 heading south, they're going to have to
23 negotiate the two dedicated northbound through
24 lanes of
25 to have to -- and then the nondedicated
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1 northbound lane, then they're going to have to
2 get into the confusing median between the north
3 and southbound lanes, and then they're going to
4 have to negotiate the southbound lanes of
5 traffic, all that turning left.
6 And when they're doing that at 2 o'clock in
7 the morning, leaving the places in this
8 development, we'll be hearing more from the
9 officer.
10 Thank you.
11 THE CHAIRMAN: Thank you, sir.
12 Any questions for Mr. O'Quinn from the
13 committee?
14 COMMITTEE MEMBERS: (No response.)
15 THE CHAIRMAN: All right. Our last speaker
16 is Mark Usdin.
17 AUDIENCE MEMBER: Yes, sir.
18 THE CHAIRMAN: Am I pronouncing your name
19 correctly?
20 (Audience member approaches the podium.)
21 AUDIENCE MEMBER: Yes, you are,
22 Councilman Crescimbeni.
23 It's Mark Usdin,
24 live next door to Mr. Gavin, across from this
25 area that's -- the proposal is for.
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1 The traffic is something. I've only been
2 there three to four years, but the traffic
3 pattern there is a very delicate, complex
4 pattern that any -- any of us who have been in
5 that area recognize. And I can only see this
6 adding to the complexity and adding to the
7 danger in that area, and that's why I'm in
8 opposition to this proposal.
9 And I would concur with some of the other
10 statements by Mr. O'Quinn as to even more
11 complexity to that problem when you have alcohol
12 involved, if that's the development that occurs
13 in that proposed area.
14 Thank you very much.
15 THE CHAIRMAN: Thank you, sir.
16 Any questions from the committee?
17 COMMITTEE MEMBERS: (No response.)
18 THE CHAIRMAN: All right. I have no other
19 speaker cards. Does anyone else care to address
20 the committee?
21 MR. O'QUINN: I'd point out that while
22 there are no more speaker cards, we have four
23 more people who live on Harbor
24 oppose it.
25 THE CHAIRMAN: Thank you.
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1 Anyone else care to address the committee?
2 AUDIENCE MEMBERS: (No response.)
3 THE CHAIRMAN: All right. Seeing none, the
4 public hearing is closed and we are back in
5 committee.
6 MR. JOOST: Move to deny.
7 THE CHAIRMAN: Motion to deny by Mr. Joost.
8 Is there a second?
9 COMMITTEE MEMBERS: (No response.)
10 THE CHAIRMAN: That motion dies for a lack
11 of a second.
12 MR. BISHOP: Move the bill.
13 MR. REDMAN: Second.
14 THE CHAIRMAN: Motion to approve by
15 Mr. Bishop, second by Mr. Redman.
16 Discussion on the motion?
17 COMMITTEE MEMBERS: (No response.)
18 THE CHAIRMAN: If not, open the ballot,
19 vote.
20 (Committee ballot opened.)
21 MR. CRESCIMBENI: (Votes nay.)
22 MR. HOLT: (Votes yea.)
23 MR. BISHOP: (Votes yea.)
24 MR. D. BROWN: (Votes yea.)
25 MR. JOOST: (Votes nay.)
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1 MR. REDMAN: (Votes yea.)
2 (Committee ballot closed.)
3 MS. LAHMEUR: Four yeas, two nay.
4 THE CHAIRMAN: By our action, you've
5 approved item 18, 2010-584.
6 Item 19, the companion rezoning, was not
7 taken up by the Planning Commission, so we
8 cannot take action on that.
9 We do have a public hearing scheduled. The
10 public hearing is open. Does anyone that filled
11 out a speaker's card care to address the
12 committee?
13 AUDIENCE MEMBERS: (No response.)
14 THE CHAIRMAN: Seeing none, the public
15 hearing is continued until September 21st and
16 there's no other action on that bill tonight.
17 I'm sorry. Mr. Redman and Mr. Joost and
18 Mr. Bishop.
19 Mr. Redman.
20 MR. REDMAN: Thank you, Mr. Chairman.
21 I needed to declare ex-parte with
22 Tom Ingram and Bob Elrod. Tom Ingram, referring
23 to his supporting this, and Bob Elrod to his --
24 THE CHAIRMAN: Hang on one second,
25 Mr. Redman.
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1 Mr. Reingold, do we need to declare
2 ex-parte if we're not taking up the bill?
3 Doesn't that need to be done, like, prior to a
4 public hearing?
5 MR. REINGOLD: Well, it -- you're
6 absolutely correct, sir. There's no need to do
7 it tonight. Technically, if they do it tonight,
8 therefore, it's still before the public hearing
9 that happens next time; however, it's -- it's
10 still technically before the public hearing.
11 THE CHAIRMAN: I have some ex-parte, but
12 I'm going to reserve it till that bill actually
13 comes up, and I would ask the committee to do
14 likewise.
15 All right. We're at the break point for
16 the court reporter.
17 Ms. Tropia, how much time do you need?
18 (Discussion held off the record.)
19 THE CHAIRMAN: All right. We're going to
20 take a ten-minute recess. It is 20 after the
21 hour. We'll reconvene at 7:30.
22 (Brief recess.)
23 THE CHAIRMAN: Okay. We're going to
24 reconvene the Land Use and Zoning Committee
25 meeting. It is about 7:32. And before we take
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1 up item 20, I have a request from
2 Councilman Brown to skip ahead to take up an
3 item in his district, item 26, on page 9,
4 2010-592.
5 Mr. Crofts. Sorry to catch you off-guard.
6 2010-592, item 26.
7 MR. CROFTS: Yes, sir, Mr. Chairman,
8 members of the committee.
9 Item 26, ordinance 2010-592, is a proposed
10 land use amendment to the future land use map
11 series of the 2030 Comprehensive Plan seeking to
12 modify 7.3 acres located at several addresses
13 south of
15 Basically, this is in the Southeast
16 Planning District. It is in Council District
17 13. The request is a change from AGR-3 to
18 AGR-4.
19 A little bit of history on this property is
20 that -- this is a correction. In 2002, there
21 was basically an inadvertent mapping error
22 and -- in the verification of legal [sic], and
23 inadvertently an 80-foot-wide strip was left out
24 of a land use amendment that was subsequently
25
rezoned PUD under the name of
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1 This created an inconsistency between the land
2 use designation and the underlying zoning.
3 What we're attempting to do now as this
4 development fills in ultimately and ultimately
5 develops is to correct this land use designation
6 to AGR, to allow that to legally happen.
7 Thank you.
8 We recommend approval.
9 THE CHAIRMAN: Thank you, Mr. Crofts.
10 We have a public hearing scheduled this
11 evening, one speaker's card. The public hearing
12 is open. Susan Green, another former Planning
13 Department staffer.
14 It's like been a reunion tonight,
15 Mr. Riley, Mr. Saylor, and now Ms. Green.
16 Ms. Green, go ahead.
17 MS. GREEN: I'm honored to belong to that
18 club.
19 Susan Green of Green & Kupperman, 200 First
20
Street, Suite B,
21 representing all the landowners and the
22 homeowners association for what is now known as
23
24 Mr. Crofts did an elegant job of taking my
25 presentation for me, so I'm just here for
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1 questions.
2 THE CHAIRMAN: Thank you, Ms. Green.
3 Any questions from the committee?
4 MR. JOOST: (Indicating.)
5 THE CHAIRMAN: Mr. Joost.
6 MR. JOOST: Through the Chair, thanks for
7 coming down. I guess my only concern was -- is
8 to make sure everybody double-checks because
9 these little map changes led to the big, big
10 problem out there by -- what is it, Imeson, some
11 years ago?
12 MR. CROFTS: It's coming up later.
13 MR. JOOST: It's coming up again?
14 So we're not -- we're not just -- we're not
15 recreating any of that problem again?
16 MR. CROFTS: No, sir.
17 MR. REINGOLD: Actually, sir, this is
18 exactly the way it should be done, which is
19 through the process, through a public hearing.
20 THE CHAIRMAN: Thank you, Mr. Reingold.
21 MR. JOOST: So all the notices and
22 everything were put out and all the neighbors
23 are --
24 MR. CROFTS: Yes.
25 MR. JOOST: Okay. Thank you.
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1 THE CHAIRMAN: Thank you, Mr. Joost.
2 Any other questions?
3 COMMITTEE MEMBERS: (No response.)
4 THE CHAIRMAN: All right. Anyone else care
5 to address the committee?
6 AUDIENCE MEMBERS: (No response.)
7 THE CHAIRMAN: Seeing no one, the public
8 hearing is closed.
9 MR. JOOST: Move the bill.
10 MR. D. BROWN: Second.
11 THE CHAIRMAN: Motion to approve by
12 Mr. Joost, second by Mr. Brown.
13 Any 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.
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1 THE CHAIRMAN: By your action, you have
2 approved item 26, 2010-592.
3 MS. GREEN: Thank you very much.
4 THE CHAIRMAN: We will now return to
5 page 7, item 20, 2010-586.
6 Mr. Crofts.
7 MR. CROFTS: Item 20, ordinance 2010-586,
8 is a proposed land use amendment to the future
9 land use map series to the 2030 Comprehensive
10 Plan seeking to modify 5.8 acres of land located
11 at
12 Planning District, in Council District 13.
13 The request is to change the land use
14 designation from MDR, medium density
15 residential, to CGC, which is commercial/general
16 commercial.
17 The project's location along Baymeadows
18 Road is between two primary entrances,
20 West, which lead into the Baymeadows community,
21 and we are concerned about it because of the
22 impact that it has and the interface that it has
23 between the proposed development, between it and
24 the -- and, again, the neighborhood that's
25 adjacent to it.
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1 This is the critical aspect of the Planning
2 Department's evaluation of this particular
3 proposal: Because the department feels that the
4 proposal does not contain certain innovative
5 site design, smart growth ideas, and other
6 unique planning efforts to relate positively
7 with the adjacent Baymeadows community, the
8 staff of the department recommends denial of
9 this proposal.
10 The department feels that this proposal to
11 date reflects an unimaginative approach to
12 development and, again, is not integrated and
13 does not recognize or positively interface with
14 the character and the viability and the
15 direction of planning and other activities in
16 the Baymeadows community.
17 Again, for example, the proposed access
18 presents a potential conflict with the
19 residential traffic and the proposed commercial
20 traffic, and this is inconsistent with goal 3
21 and policies 1.14, 224, 229, and 3.24, which, in
22 general, discuss the balances that are needed
23 between proposed land uses and the maintenance
24 of neighborhoods and the avoidance of negative
25 traffic and other impacts on our precious living
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1 areas or our neighborhoods.
2 In our eyes, the proposed amendment is
3 premature and the applicant has not been
4 responsive to the goals of the Baymeadows
5 community. Once again, it is not innovative and
6 responsive to promote the stability within that
7 area and has done minimal effort to mitigate
8 some of the potential adverse impacts that it
9 would create.
10 For these reasons, the Planning and
11 Development Department recommends denial.
12 THE CHAIRMAN: Thank you, Mr. Crofts.
13 The Planning Commission approved this?
14 MR. CROFTS: Right, yes.
15 THE CHAIRMAN: Do you know what the vote
16 was on that?
17 MR. KELLY: That's correct.
18 The department, at the time of the Planning
19 Commission hearing, had been, I guess, kind of
20 working through the issue.
21 Initially, our staff report, as John
22 indicated, we had a strong recommendation of
23 denial. We felt it was premature as the request
24 was not being done in conjunction with the
25 neighborhood study and the future improvements
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1 that were going to go on in that area, so the
2 department had conversations with the applicant
3 that indicated in e-mails that he was
4 progressively working with the neighborhood
5 association to resolve those differences.
6 There had been probably three or four site
7 plan changes, in fact, up to the day of Planning
8 Commission that had occurred, so there have been
9 some improvements in the site design; however,
10 the department, again, at this juncture, does
11 not feel that this is appropriate at this time.
12 Again, it is premature.
13 But the department, during the Planning
14 Commission time, there was information that
15 indicated the applicant had support of the
16 neighborhood association, which is not accurate
17 as of this time and as of that day.
18 THE CHAIRMAN: Thank you, Mr. Kelly.
19 Mr. Reingold.
20 MR. REINGOLD: To the Chair, I think we've
21 got a number of people in the audience for this
22 item. I didn't know if you wanted to just open
23 the public hearing and have discussion on a
24 deferral request that I believe has been made by
25 the applicant and sort of work through that
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1 issue or whether you would just like to open it
2 up for all issues and then decide how the
3 committee wants to go from there.
4 THE CHAIRMAN: Well, just for the record,
5 who received that request for a deferral? Was
6 it Mr. Crofts or Mr. Kelly?
7 MR. REINGOLD: To the Chair --
8 MR. KELLY: I believe -- the department, we
9 received a request for deferral, at which point
10 earlier today I indicated that it may not be
11 granted and that the applicant should be here to
12 attend the meeting as they may take action -- as
13 the committee may take action.
14 THE CHAIRMAN: All right. Thank you, sir.
15 I don't believe I received a request, but I
16 know we did talk about it at the agenda meeting,
17 so -- we do have a public hearing scheduled this
18 evening and it's my intent to conduct the public
19 hearing. I have a stack of cards here, but only
20 a few of them have indicated they want to speak,
21 but I'll run through all of them just to make
22 sure I'm not overlooking anybody, but most
23 people have checked "questions only."
24 So, with that, we will -- I'm sorry,
25 Mr. Bishop, did you have a question?
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1 MR. BISHOP: Thank you, Mr. Chairman.
2 I have a question. I don't know if it's
3 for Mr. Kelly or Mr. Reingold. I noticed this
4 particular site has a lake on it. I'm presuming
5 that's a retention pond; is that accurate?
6 MR. KELLY: On the zoning, correct.
7 There's -- this is the old golf course,
8 Baymeadows Golf Course, between Baymeadows --
9 MR. BISHOP: Well, this is the piece of
10 property right on
11 MR. KELLY: That's correct.
12 MR. BISHOP: Okay. I don't recall that
13 particular site being part of the old golf
14 course. I could be wrong. It's been a while,
15 but --
16 MR. KELLY: It's the par three.
17 MR. BISHOP: And I guess the question is,
18 is it relevant at this point what happens to the
19 lake or is that something that will be dealt
20 with potentially at some future point?
21 MR. KELLY: Potentially, under the PUD,
22 they have proposed on their site plan,
23 conceptually, a revision to the location of the
24 lake, which would be in the middle of the
25 property, between the two outparcels.
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1 MR. BISHOP: Okay. Thank you.
2 THE CHAIRMAN: Thank you, Mr. Bishop.
3 We have a public hearing scheduled. The
4 public hearing is open, and my first three cards
5 seem to be the only ones designated to speak.
6 I'm going to call the names, if you'll work your
7 way forward, please: Jeff Macfarlan, Frank
8 Morgan, and Chris Flagg.
9 (Audience member approaches the podium.)
10 AUDIENCE MEMBER: Good evening.
11 Jeff Macfarlan,
12 Suite 290,
13 I'm here as the applicant on this 5.8-acre
14 land use bill that's in front of us.
15 Initially, I did request a deferral on
16 this, but I will -- I'll move ahead with my
17 presentation seeing that there are other
18 speakers.
19 As designated by the -- I'm sorry, step
20 back.
21 The project is located on
22 It's about a quarter mile east of I-95, between
24 been -- this area has been designated by the
25 City's Southeast Vision Plan as a commercial
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1 corridor.
2 It is bordered by RPI to the north and the
3 east and CGC to the west and the south. There
4 is an office building to the north, a bank to
5 the west, a hotel across the road to the south,
6 and office condos on the east side of Baymeadows
7 Circle East.
8 We are seeking a commercial land use to
9 provide compatibility along this stretch of
11 the Southeast Vision Plan.
12 Over the past few months, we've met with
13 the Baymeadows community several times to
14 discuss the project. Our first meeting with
15 representatives of the Baymeadows Community
16 Council was in early June and then we met again
17 a few weeks later with the Baymeadows Community
18 Council and their planning consultant.
19 We then organized a meeting in mid August
20 with the neighborhood where we presented our
21 site plan and listened to the concerns of the
22 neighborhood. We then had a second follow-up
23 neighborhood meeting with the community a few
24 weeks after that, which we presented a new plan
25 that we feel addressed most of their concerns.
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1 We feel that we put a strong effort to work
2 with the community and the Baymeadows Community
3 Council and its leaders. As you will see
4 tonight -- and I think you'll hear from some of
5 the other speakers that there is a master plan
6 proposed for the community. At this point, it
7 has not been completed, to my knowledge, so
8 that's been giving us a slight disadvantage in
9 trying to address all of those master plan
10 principles. We feel that we should not be held
11 to a master plan that has not been completed as
12 of yet, and we look for your support on this
13 land use amendment.
14 THE CHAIRMAN: Thank you, Mr. Macfarlan.
15 Any questions from the committee?
16 MR. REDMAN: Yes.
17 THE CHAIRMAN: Mr. Redman.
18 MR. REDMAN: Thank you, Mr. Chairman.
19 Mr. Macfarlan, who do you work for? Who
20 hired you to represent Golden Corral for this?
21 MR. MACFARLAN: I work for King Engineering
22 Associates.
23 MR. REDMAN: Okay. But they're not the
24 ones that are paying you as a representative for
25 this, are they?
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1 MR. MACFARLAN: Actually, it's been both
2 Golden Corral and the owner of the property, so
3 it's been sort of a joint --
4 MR. REDMAN: Okay. D.R. Horton didn't hire
5 you?
6 MR. MACFARLAN: No, not originally, they
7 did not.
8 MR. REDMAN: Are they paying you now or --
9 MR. MACFARLAN: Yes, they are now.
10 Originally, they -- you know, it started as
11 the -- an effort in conjunction -- well, still
12 an effort in conjunction with Golden Corral.
13 They are a potential end user on the eastern
14 portion of the project.
15 MR. REDMAN: So you are working for whom on
16 this?
17 MR. MACFARLAN: Currently, if would be
18 D.R. Horton.
19 MR. REDMAN: Okay. Thank you.
20 THE CHAIRMAN: Mr. Macfarlan, I'm going to
21 have one of the committee aides walk this card
22 back out to you and you probably need to put
23 that on this card since you signed it and you
24 only wrote down "applicant."
25 Any other questions from the committee?
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1 COMMITTEE MEMBERS: (No response.)
2 THE CHAIRMAN: All right. Thank you,
3 Mr. Macfarlan. If you'll just hang out on the
4 front row in case there's any -- Mr. Joost has a
5 question.
6 MR. HOLT: (Inaudible.)
7 THE CHAIRMAN: Is it for Mr. Macfarlan?
8 MR. HOLT: Through the Chair to
9 Mr. Macfarlan, we don't have site plan
10 information in our book because the Planning
11 Commission didn't take action. Do you, by any
12 chance, have a site plan that I could look at?
13 MR. MACFARLAN: I do.
14 MR. HOLT: I know it's not part of the land
15 use, but I'd appreciate it.
16 MR. MACFARLAN: I have -- actually, in this
17 package that I have here there are three site
18 plans, so it will show the progression from
19 where we started. The last page is our current
20 plan.
21 MR. HOLT: Thank you.
22 I just want to look at that.
23 THE CHAIRMAN: Thank you, Mr. Holt.
24 All right. Mr. Macfarlan, like I said, if
25 you'll just stay on the front row for any
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1 additional questions, you'll be accessible.
2 Our next speaker is Frank Morgan.
3 (Audience member approaches the podium.)
4 AUDIENCE MEMBER: Yes. My name is Frank
5 Morgan.
I live at 7968 Los
6
7 I attended your last committee meeting as
8 Chair of the Southeast Vision Plan Steering
9 Committee and spoke in support of that plan.
10 You voted unanimously to approve our vision for
11 Southeast
12 includes planning principles that encourage and
13 incentivize the revitalization of older
14 neighborhoods. The Southeast Vision Plan has
15 subsequently been adopted as ordinance 2010-615.
16 Today, I come to you as president of
17 Baymeadows Community Council asking you to
18 endorse those principles by voting for the
19 denial of this application for a land use change
20 and rezoning.
21 The Baymeadows Community Council is
22 comprised of ten condominiums, homeowner
23 associations, and apartment owners that make up
24 the Baymeadows Golf Club neighborhood. This
25 neighborhood was developed in the early '70s
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1 around the Baymeadows Golf Club and includes
2 over 2,000 residences. The golf course was
3 purchased and closed in 2005, and this community
4 has since been caught in a downward spiral in
5 property values and quality of life, a condition
6 that we hope with your help to reverse.
7 Mr. Chair, I would request that you
8 acknowledge the presence of other homeowners in
9 this neighborhood by allowing them to stand.
10 THE CHAIRMAN: You can ask them to stand.
11 AUDIENCE MEMBERS: (Comply.)
12 MR. MORGAN: I also have 460 petitions in
13 opposition of these -- of both of these
14 applications for your file. These are primarily
15 from homeowners who were not able to attend here
16 tonight.
17 The parcel that is the subject of this
18 proposed land use amendment and companion zoning
19 district change is the entrance to our
20 neighborhood. For almost 40 years that has been
21 one of the most beautiful par-three waterfalls
22 in
23 course and gave the neighborhood its sense of
24 place. By allowing it to be replaced by another
25 outparcel-style strip commercial development
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1 with acres of bare parking lot, you would be
2 sanctioning a negative change in the identity
3 for this neighborhood while overlooking several
4 subprinciples of the vision plan.
5 The Planning and Development Department has
6 recommended denial of the application based
7 primarily on its inconsistency with two
8 objectives and seven policies of the 2030
9 Comprehensive Plan future land use element.
10 Those inconsistencies center around the lack of
11 smart growth techniques and the application's
12 failure to mitigate the adverse impacts of the
13 proposed development on the adjacent
14 neighborhood.
15 I would like to point out that this staff
16 recommendation was written prior to the adoption
17 of the Southeast Vision Plan. Otherwise, it
18 would have also included inconsistencies with
19 that vision plan.
20 Additionally, the recommendation notes that
21 the proposed access to the site is via
22 Baymeadows Circle East and West, both of which
23 are privately owned, privately maintained, and
24 provide the gateways to our community.
25 THE CHAIRMAN: Mr. Morgan, your time is
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1 expired. Do you have much more to present?
2 MR. MORGAN: No, sir.
3 THE CHAIRMAN: Okay. Thank you, sir.
4 MR. MORGAN: As I previously mentioned, the
5 neighborhood is currently working closely with
6 the City to prepare a master plan that will
7 address site access and traffic conflict
8 concerns and part -- as part of a redesign of
9 the entrances to the neighborhood.
10 Development of this site is integral to the
11 success of our master plan and the viability of
12 our redevelopment goals and any approval of this
13 application to amend the land use designation
14 destabilizes the subject of the current planning
15 process.
16 Although there are many commercial uses
17 currently found in the area of the subject
18 property, that does not in itself indicate the
19 best use of the site.
20 THE CHAIRMAN: Okay. The --
21 MR. MORGAN: The master plan, once
22 completed, should --
23 THE CHAIRMAN: I'm going to have to cut you
24 off there. I'm trying to be fair to everybody.
25 MR. MORGAN: Fine.
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1 THE CHAIRMAN: We allow three minutes; I
2 think you had about four-and-a-half.
3 Mr. Bishop and Mr. Redman have questions.
4 Maybe that will help.
5 MR. BISHOP: Thank you, Mr. Chairman.
6 Something in your talk spurred a question
7 in me. You talked about this particular project
8 not being consistent with the Southeast Vision
9 Plan. Could you be more specific on why that
10 is?
11 MR. MORGAN: I indicated in my PowerPoint
12 that I e-mailed to each of you this morning --
13 possibly you didn't get a chance to read it, but
14 there are a number of paragraphs that I could
15 read to you.
16 The committee would like to emphasize the
17 following points: Developers should be
18 carefully planned -- developments should be
19 carefully planned, tightly concentrant, with no
20 sprawl or pocketing. Only minimal exceptions to
21 zoning should be allowed and only when they are
22 compatible with the surrounding areas and
23 comprehensive land use plan.
24 One of the principles is to improve the
25 transportation connectivity between east and
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1 west of this district. For example, the
2 Planning and Development Department should
3 facilitate the redevelopment of the I-95/JTB
4 interchange and the new road projects proposed
5 by the Baymeadows Area Transportation Study.
6 I bring this study up in a subsequent
7 conversation about the -- the zoning change.
8 Improve connectivity at existing
9 transportation systems, facilitate
10 interconnectivity by restricting the number of
11 curbs -- curb-cuts along the connections and
12 arterials and improve traffic flow. Protect
13 green buffer recreation and open-space-oriented
14 communities, including golf course communities,
15 from future developments by assigning special
16 land use designations to that open space.
17 Establish incentives and prioritize
18 redevelopments and revitalization of declining
19 neighborhoods and commercial areas.
20 Neighborhoods should also reap the benefits of
21 creative developments under the vision plan,
22 providing for features that were omitted by the
23 original developers such as small parks and/or
24 community centers should be part of that plan.
25 There are others, but I will -- I'll stop
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1 there.
2 MR. BISHOP: Okay. Thank you.
3 THE CHAIRMAN: Does staff have a copy of
4 the PowerPoint presentation?
5 MS. LAHMEUR: No.
6 THE CHAIRMAN: Do you have a copy of the
7 PowerPoint presentation in print?
8 MR. MORGAN: Yes.
9 THE CHAIRMAN: If you do, if you'll just
10 submit it, we'll add that to the record.
11 MR. MORGAN: Okay.
12 THE CHAIRMAN: Mr. Redman.
13 MR. REDMAN: Thank you, Mr. Chairman.
14 Mr. Morgan, Mr. Macfarlan says that he met
15 with the neighborhood and -- I know in his
16 conversation with me, he told me that he thought
17 you-all were making progress. At any time were
18 y'all happy with what their plans were for this
19 Golden Corral to be put there?
20 MR. MORGAN: We, as a neighborhood, have
21 attempted not to be obstructive in this process,
22 and we have met with Mr. Macfarlan. We have
23 reviewed his original site plan. We made
24 comments on that site plan. He submitted a
25 different site plan. We've made comments on
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1 that. And he has submitted a third site plan.
2 Each of these site plans has been an
3 improvement over the first. However, we -- we
4 have been working on this site plan only to
5 improve the site plan. That does not change our
6 opposition to the change in the land use at this
7 time.
8 MR. REDMAN: Okay. Thank you, sir.
9 THE CHAIRMAN: Thank you, Mr. Redman.
10 Mr. Brown.
11 MR. D. BROWN: Thank you, Mr. Chairman.
12 Mr. Morgan, I recall the entrance between
13 the two roadways going into Baymeadows as being
14 a very attractively landscaped area. And
15 looking at this site plan, it looks like these
16 folks have never even heard of a landscape
17 architect.
18 And I did pick up on the fact that the
19 Planning Department was quite concerned about
20 what they were referring to as a lack of
21 creativity, but if the apartment complex -- is
22 Baymeadows now condos or is it still an
23 apartment city?
24 MR. MORGAN: We have 1,500 rental
25 apartments -- I'm sorry, 1,500 rental apartments
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1 and approximately 750 owned homes, condominiums
2 and single-family homes.
3 MR. D. BROWN: I respect what you folks are
4 trying to do and preserve an attractive
5 entrance, but without it being part of the --
6 the property of the apartment complex, it would
7 look like at some point probably something
8 commercial will be there, but I would certainly
9 have to agree that your efforts haven't brought
10 about what looks like a very attractive site
11 plan at this point and that I would have to
12 share your frustration there.
13 But looking at a master plan -- or maybe I
14 should ask Mr. Crofts. How much influence can
15 you assist in helping these folks with
16 creating -- if something is going to go there --
17 and it would seem that without, you know, change
18 of ownership, that at some point a commercial
19 venture of some sort will take place, but can --
20 you use the terms "not very creative" and could
21 have made a better effort to -- could you be a
22 little more specific about what might be done to
23 help that -- that plot?
24 MR. CROFTS: Let me try to add some
25 information and enlightenment to that issue that
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1 you bring forward.
2 I think you'll probably hear in the
3 testimony this evening that's about to come that
4 the City of
5 citizens of Baymeadows are currently in the
6 process of completing a master plan for their
7 community. That process is underway, and so
8 that is probably one of the reasons why we feel
9 this is somewhat premature in the sense that --
10 and there's a lack of connectivity between this
11 proposal and that effort, and I think that's
12 part of the concern, speaking for the community,
13 is that they'd like that process to unfold
14 before they follow up and embrace the
15 utilization of this particular piece of
16 property.
17 So I guess my answer to your question is
18 there is a ongoing planning process now that
19 we're working jointly with the community, and I
20 think you'll probably hear more about that in a
21 few minutes.
22 MR. D. BROWN: One more question.
23 This is residential now, but it's not
24 really appropriate for additional residential,
25 is it?
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1 MR. CROFTS: The property, as you
2 indicated, is residential and it's currently
3 MDR, medium density residential, which is
4 multifamily, up to 20 units per acre. So it's
5 in the higher scale now of residential
6 development.
7 Now, its appropriateness -- along that
8 corridor there's a considerable amount of
9 commercial development and is this infill or is
10 it the continuation of ribbon development?
11 I'm a little bit hesitant to jump on that
12 until we've done more of an analysis of that
13 whole corridor, but we do have some concerns
14 about that.
15 MR. D. BROWN: I would like to think
16 that -- at some point it looks like it will be a
17 commercial project of some sort, a commercial
18 development, but I'd love to think that the
19 community and your department might have a
20 little more say-so about a design that had more
21 emphasis on landscaping and softening the impact
22 of a big parking lot and a restaurant. Looks
23 like it's backed right up to the entranceway to
24 Baymeadows Circle East, so it looked like it --
25 it needs more work, and my thought was probably
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1 we should take the department's advice on this
2 one, especially in respect to the community's
3 concerns and -- and deny this.
4 Property rights are important, and I'm sure
5 we will be able to find something a little more
6 appropriate and respect the rights of the owners
7 of the property as well as the community if
8 we -- if we work together on it.
9 Thanks.
10 THE CHAIRMAN: Thank you, Mr. Brown.
11 Any other questions for Mr. Morgan?
12 COMMITTEE MEMBERS: (No response.)
13 THE CHAIRMAN: Thank you, Mr. Morgan.
14 MR. MORGAN: Thank you.
15 THE CHAIRMAN: Mr. Flagg, you're next.
16 (Mr. Macfarlan approaches the podium.)
17 THE CHAIRMAN: Mr. Macfarlan, unless
18 there's a question --
19 MR. MACFARLAN: I was just going to ask --
20 THE CHAIRMAN: Mr. Macfarlan, unless
21 there's a question, you need to sit down.
22 I'm sorry.
23 Mr. Flagg.
24 (Audience member approaches the podium.)
25 AUDIENCE MEMBER: Thank you, Mr. Chairman.
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1 Chris Flagg,
2
3 I'm also president of Flagg Design Studio,
4 landscape architect, urban designer, community
5 planner.
6 I've been contracted by the City of
7
8 with their master planning and visioning
9 effort. This comes on the heels of the recent
10 approval of the Southeast Vision Plan.
11 I'd like to talk about the vision plan
12 guidelines and the parameters. This is a site
13 that -- what I'm trying to do as a planner is to
14 raise the awareness of the community of -- of
15 the benefits and the strategic quality of this
16 site as it relates to the redevelopment and
17 refurbishment of Baymeadows and its community.
18 So what I wanted to do today was just
19 quickly go through some very generic scenarios
20 from a conceptual basis so that you could
21 understand the dynamic quality of this site.
22 You see the Baymeadows East and West
23 location. The thought of -- of not only
24 encircling this property with pedestrian
25 opportunities but with potentially automobile,
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1 vehicular traffic if -- if this property is to
2 look -- to be looked at as a wholistic design,
3 as a contiguous parcel as we move forward with
4 some planning efforts.
5 Again, looking at the -- looking at the
6 aerial, the number one optimal development
7 opportunity would be to enhance it as it stays.
8 It's a -- it's one of the last stanchions of
9 greenspace we have along the wonderful
10 Baymeadows corridor -- I say that in jest -- so
11 why can't we use it as an amenity, why can't the
12 community at least be raised -- their awareness
13 be raised as to its potential?
14 So if we had to develop -- if this
15 particular parcel had to develop other than what
16 you see on the screens before you in a more
17 passive quality, we should look at it in a
18 phased plan which begins to look at parcelized
19 development that could run in a contiguous
20 fashion, keeping the dynamics of the site intact
21 as it relates to -- to visibility from
22 Baymeadows, some architectural frontage and
23 edges along the streets, keeping it very
24 pedestrian scale, internalizing parking so that
25 we would not have to view another 200-car
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1 parking lot with a 14,000-square-foot big box on
3 So, with that, we have looked at -- we've
4 looked at some imagery, very conceptually, as to
5 what a contiguous plan could be. And this would
6 be a -- again, a second choice. We'd certainly
7 like to keep it as a greenspace moving forward.
8 We're currently in the process of establishing
9 this master plan.
10 What I wanted to do was to address the
11 significance of this parcel in its strategic
12 character, in its opportunity to preserve some
13 greenspace. And if development does occur, it's
14 done in a very pedestrian and organized and
15 contiguous fashion.
16 With that, I conclude.
17 Thank you.
18 THE CHAIRMAN: Thank you, Mr. Flagg.
19 Any questions for Mr. Flagg?
20 MR. REDMAN: Yes.
21 THE CHAIRMAN: Mr. Redman.
22 MR. REDMAN: Thank you, Mr. Chairman.
23 Mr. Flagg, where are you at? Are you with
24 the community at this point with the master plan
25 and would it be a detriment to this master plan
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1 to try and put something in here that would not
2 fit with this?
3 MR. FLAGG: Well, I'll answer the first
4 question.
5 Where we are -- we're in the process of
6 finalizing our concept. This was a part of the
7 overall process that we've had to recently
8 address. We've looked at the total community.
9 From a planning perspective, we've -- I've
10 met with Frank Morgan and a number of his
11 constituents as a working group. We have to
12 continue our detailed working group sessions as
13 we begin to hone the master plan. We want to
14 look at the streetscape, we want to look at
15 detailing within the community, signage,
16 linkages, preservation of greenspaces, things of
17 that sort that -- that come on the heels of
18 the -- of the recent Southeast Vision Plan
19 adoption and try to keep those qualities
20 integrated within the -- the development
21 potential of the -- of the site.
22 Now, if something comes along that we -- we
23 see it -- and as a planner, I look at this site
24 as an opportunity, not as another -- not as
25 another big box, four acres of parking along the
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1 Baymeadows corridor.
2 Less than a block away there's a Roadhouse
3 Grill that's been closed down, that's vacant.
4 There's numerous vacancies along the corridor of
5 Baymeadows. Why aren't those considered for
6 infill -- as infill potential instead of
7 taking -- which was once the most -- one of the
8 most scenic holes on the Baymeadows Golf Course,
9 the 13th hole, which I used to play on a weekly
10 basis -- and basically clear it, pave it, and
11 add another box and parking lot?
12 MR. REDMAN: Thank you, Mr. Flagg.
13 I know -- I met with the Baymeadows people
14 months ago and -- when they were discussing the
15 ideas of working on a master plan for their
16 neighborhood and what they could do in
17 conjunction with the City.
18 Half of this area is in Mr. Brown's
19 district. He's got half of the golf course,
20 I've got half of the golf course, what used to
21 be a golf course.
22 But, you know, I've been meeting with the
23 people, and I don't -- and this actually is in
24 Dick Brown's district. I don't want to step on
25 his toes by jumping in, but I've been working
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1 with these people while the governor was waiting
2 to put you in this good position, so I'm very
3 familiar with some of the stuff that's been
4 going on, and I -- I think it would be a
5 disaster now to try and put this and mess up
6 their plans for what they have going here and
7 their ideas.
8 Thank you.
9 THE CHAIRMAN: Thank you, Mr. Redman.
10 I just want to remind everybody, we're
11 still in public hearing. Okay?
12 Mr. Joost, did you have a question for
13 Mr. Flagg?
14 MR. JOOST: Yes, I do, Mr. Chairman.
15 Kind of going along the lines of the other
16 council people on the committee -- I too have
17 played that par three. Unfortunately, I hit too
18 many balls in the water.
19 My concern -- going back to this master
20 plan. Once you, I guess, do something to that
21 par three, then all of a sudden the rest of the
22 golf course -- it will never be a golf course
23 again. So does the master plan address what
24 happens to the rest of it? Because it -- you
25 know, there's going to be -- once the first
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1 domino goes, then they all go, so to speak.
2 So I'm more curious as to not only what
3 happens to this -- just this one particular
4 parcel, but what happens to the rest of the
5 17 holes and what used to be the driving range
6 and the clubhouse was there.
7 So it -- you know, to me, the master plan
8 needs to address more than just that one
9 particular area before we move on. Do you have
10 plans to address the rest of the property?
11 MR. FLAGG: Yes, sir, and that's a great
12 question.
13 And one of the biggest challenges I've had
14 in my 35 years of practice is to disseminate
15 information down into three minutes.
16 We have two options from a master plan
17 perspective. We -- we've taken the community
18 plan, the entire community, and we've looked at
19 it as the potential of developing half the golf
20 course for commercial infill, some multifamily
21 infill, some recreation infill. The other nine
22 holes of the golf course would be designated as
23 a golf course, yet the holes would be situated
24 to where you can play it as an 18-hole golf
25 course.
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1 We have had initial conversations with a
2 golf course designer/planner to be included
3 within our planning concept. So we're looking
4 at the preservation of the course, but not the
5 full course, not the full 18 holes as they
6 currently exist or had existed, but --
7 MR. JOOST: Do you have to just -- you
8 could develop that particular par three and just
9 rearrange some other holes?
10 MR. FLAGG: Absolutely.
11 And that's -- and I think you really drove
12 home the central point here, is the fact that
13 once that greenspace goes away, we no longer
14 have it.
15 It just so happens that this particular
16 greenspace is at a very strategic point in the
17 entrance to the community. So, again, as a
18 planner I say let's look at this as an aesthetic
19 opportunity and not just the typical Baymeadows
20 corridor opportunity and big box and parking.
21 So you're absolutely right. We're -- we're
22 continuing to mold our -- our total plan,
23 community plan. We'll have a number of options.
24 Our next step within the process, as
25 Mr. Redman asked earlier, will be to get -- to
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1 have a series of detailed stakeholder meetings
2 and to talk about all of the issues that were
3 pointed out in the vision plan, the linkages,
4 preservation of greenspace, recreation, density,
5 friendly streets, safe streets. All of that we
6 want to apply to the Baymeadows community. It's
7 one of the first ones out of the block after the
8 adoption of the Southeast Vision Plan, and we
9 think it could be used as a model opportunity.
10 MR. JOOST: All right. Well, thank you for
11 coming down and answering our questions.
12 MR. FLAGG: My pleasure.
13 THE CHAIRMAN: Thank you, Mr. Joost.
14 Any other questions for Mr. Flagg?
15 COMMITTEE MEMBERS: (No response.)
16 THE CHAIRMAN: Thank you, Mr. Flagg.
17 MR. FLAGG: Thank you.
18 THE CHAIRMAN: All right. The following
19 cards, if I'm reading them correctly, all just
20 say "questions only." I'm just going to read
21 your names. If that's the case, just raise your
22 hand. If I'm reading them incorrectly and you
23 want to speak, just stand up and make your way
24 to the front.
25 Lily Gibson.
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1 AUDIENCE MEMBER: (Indicating.)
2 THE CHAIRMAN: Lerliene Connolly.
3 AUDIENCE MEMBER: (Indicating.)
4 THE CHAIRMAN: Anne McCammon.
5 AUDIENCE MEMBER: (Indicating.)
6 THE CHAIRMAN: Mary Land Hughes.
7 AUDIENCE MEMBER: (Indicating.)
8 THE CHAIRMAN: Mary, are you my former
9 next-door neighbor? I can't see quite that far.
10 AUDIENCE MEMBER: Yes, I am.
11 THE CHAIRMAN: Okay. Good to see you.
12 Laura Laseman.
13 AUDIENCE MEMBER: (Indicating.)
14 THE CHAIRMAN: Rick Butler.
15 AUDIENCE MEMBER: (Indicating.)
16 THE CHAIRMAN: Joyce Doyle.
17 AUDIENCE MEMBER: (Indicating.)
18 THE CHAIRMAN: Balraj Mehta.
19 AUDIENCE MEMBER: (Indicating.)
20 THE CHAIRMAN: R.C. Meurer.
21 AUDIENCE MEMBERS: (Indicating.)
22 THE CHAIRMAN: Wait. I saw three hands.
23 R.C. Meurer. Will the real --
24 AUDIENCE MEMBER: (Indicating).
25 THE CHAIRMAN: Okay. Thank you, sir.
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1 Ruth Meurer.
2 AUDIENCE MEMBER: (Indicating.)
3 THE CHAIRMAN: Joanne Morgan.
4 AUDIENCE MEMBER: (Indicating.)
5 THE CHAIRMAN: Sheldon Swartz.
6 AUDIENCE MEMBER: (Indicating.)
7 THE CHAIRMAN: Thank you, sir.
8 John Williams.
9 AUDIENCE MEMBER: (Indicating.)
10 THE CHAIRMAN: Judi Williams.
11 AUDIENCE MEMBER: (Indicating.)
12 THE CHAIRMAN: Ernest Riedl or Riedl
13 (pronouncing).
14 AUDIENCE MEMBER: (Indicating.)
15 THE CHAIRMAN: I'm sorry if I pronounced
16 that incorrectly.
17 Clifford Johnson.
18 AUDIENCE MEMBER: (Indicating.)
19 THE CHAIRMAN: Luther Peek.
20 AUDIENCE MEMBER: (Indicating.)
21 THE CHAIRMAN: Julie Berton, Betton [sic].
22 AUDIENCE MEMBER: (Indicating.)
23 THE CHAIRMAN: Frances Riedl.
24 AUDIENCE MEMBER: (Indicating.)
25 THE CHAIRMAN: C.S. Foltz, maybe.
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1 AUDIENCE MEMBER: (Indicating.)
2 THE CHAIRMAN: Thank you.
3 William Land.
4 AUDIENCE MEMBER: (Indicating.)
5 THE CHAIRMAN: Aaron Stansell.
6 AUDIENCE MEMBERS: (No response.)
7 THE CHAIRMAN: Is there an Aaron Stansell
8 here?
9 AUDIENCE MEMBERS: (No response.)
10 THE CHAIRMAN: Kathleen Stansell.
11 AUDIENCE MEMBERS: (No response.)
12 THE CHAIRMAN: And this last one I can't
13 read. It's -- looks like Vogel something.
14 AUDIENCE MEMBER: (Inaudible.)
15 THE CHAIRMAN: Okay. Thank you.
16 AUDIENCE MEMBER: (Inaudible.)
17 THE CHAIRMAN: What is it?
18 AUDIENCE MEMBER: (Inaudible.)
19 THE CHAIRMAN: I'm glad you said that.
20 All right. Anyone else care to address the
21 committee?
22 AUDIENCE MEMBERS: (No response.)
23 THE CHAIRMAN: All right. Mr. Macfarlan,
24 because I let Mr. Morgan run over about a minute
25 and a half, I'm going to give you one minute and
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1 30 seconds and that is it, sir. All right?
2 (Mr. Macfarlan approaches the podium.)
3 MR. MACFARLAN: I just wanted to reiterate
4 that we're voting on the land use tonight. I
5 think by the sketches we've seen tonight, it is
6 shown as a commercial parcel. A lot of the
7 elements, the design elements that have been
8 talked about are really governed by the PUD, and
9 that was really why we had initially asked for a
10 deferral, was to try to work, you know, through
11 some of those site plans. A lot of these
12 slides, it's the first time I've seen these.
13 I've seen some of them, but I think some of them
14 were revised between our second community
15 meeting when -- I'm sorry, our first community
16 meeting when Chris Flagg presented some of these
17 slides. So I haven't had a lot of time to
18 respond to those.
19 And then the last thing, I just wanted to
20 make sure that Councilman Brown was looking at
21 the correct plan. The little package I gave
22 you, it's actually the third site plan that had
23 a lot of landscaping on it, it had some
24 landscaping buffers and things of that nature.
25 I just wanted to make sure that you were looking
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1 at the right plan.
2 THE CHAIRMAN: Okay. Thank you,
3 Mr. Macfarlan.
4 Any questions for Mr. Macfarlan?
5 COMMITTEE MEMBERS: (No response.)
6 THE CHAIRMAN: Mr. Macfarlan, when did you
7 get the original suggestions from Mr. Flagg?
8 MR. MACFARLAN: Our first community meeting
9 was on -- I think it was August 16th, where
10 Mr. Flagg presented a version of this slide
11 show. I think it was still in process, so there
12 were some -- you know, there's been some slides
13 that have been updated, it looks like,
14 graphically. But, in general -- originally, he
15 had showed this as a commercial design, and
16 that's still the case in this presentation.
17 THE CHAIRMAN: Thank you, sir.
18 Any other questions?
19 COMMITTEE MEMBERS: (No response.)
20 THE CHAIRMAN: All right. Thank you,
21 Mr. Macfarlan.
22 Seeing no one else, the public hearing is
23 closed. We're back in committee.
24 We did have a request for a deferral. The
25 Chair is open to whatever option or motion the
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1 committee would like to make.
2 MR. REDMAN: Make a motion --
3 THE CHAIRMAN: On the record, please.
4 MR. REDMAN: Make a motion to deny the
5 deferral of the --
6 THE CHAIRMAN: Deny the bill?
7 MR. REDMAN: Yes. No. Yeah.
8 THE CHAIRMAN: Motion to deny by
9 Mr. Redman --
10 MR. D. BROWN: Second.
11 THE CHAIRMAN: -- second by Mr. Brown.
12 Is there discussion on the motion?
13 MR. BISHOP: Yes.
14 THE CHAIRMAN: Mr. Bishop.
15 MR. BISHOP: Thank you, Mr. Chairman.
16 I think a move to deny straight out is --
17 well, basically my suggestion is that we defer
18 this because, number one, there -- this is a
19 commercial corridor, yet, that being said, some
20 of the points brought out by Mr. Flagg and some
21 of the other speakers are -- should be
22 well-taken.
23 This is a -- this site has a tremendous
24 opportunity. If we deny this land use, then
25 they can't bring it back for a year. I think
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1 that's -- is that the rule, Mr. Reingold?
2 MR. REINGOLD: (Nods head.)
3 MR. BISHOP: Now, granted, over the course
4 of a year, they might use that time in a manner
5 that could work out a lot of issues, but then
6 again, maybe it doesn't take that long either.
7 And I don't know how much time they need to work
8 all this out, but I can see a number of
9 possibilities along the lines of what Mr. Flagg
10 suggested, some of them that he hasn't come up
11 with, some variations on a theme to do all sorts
12 of things.
13 I lived in this area back in the early
14 '80s when Baymeadows was in its heyday, and it
15 was a really neat place to be. And I think it
16 could be again, and this is a -- this is a prime
17 site, and so I guess if there's an opportunity
18 to kind of put this whole thing in abeyance
19 while the master plan is worked out and -- and
20 some of these issues get resolved -- and I think
21 there's an opportunity to do something really
22 neat here that can be a combination of
23 commercial and residential and a wide variety of
24 things.
25 I would not say this is not suited to
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1 residential. There's plenty of apartments
2 around here that do work. I think this site is
3 large enough that a true mixed-use opportunity
4 is possible at this site, and I think that if
5 there's a way to postpone this thing to work out
6 a lot of these issues, I think we'd all be --
7 they would certainly be better off for it, the
8 city would be better off for it because we could
9 have a great example here of how to make these
10 things work in a lot of different places.
11 Thank you.
12 THE CHAIRMAN: Thank you, Mr. Bishop.
13 Mr. Joost.
14 MR. JOOST: Thank you.
15 First, through the Chair to legal, my
16 mother-in-law lives back in those apartments
17 back there. Is that a conflict?
18 MR. REINGOLD: That is an excellent
19 question.
20 Essentially, unfortunately, I'm going to
21 throw back a question to you. The issue is
22 whether it would -- this request would enure to
23 your mother-in-law's gain or mother-in-law's
24 loss. If you don't think it does either, then
25 you are certainly okay to vote. And, in fact,
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1 you would be required to vote. If you think it
2 would enure to her --
3 MR. JOOST: I would have no idea. I don't
4 think it -- one way or the other.
5 MR. REINGOLD: If you don't think it
6 affects her -- either benefits her or hurts her,
7 then you would be required to vote.
8 MR. JOOST: Okay. Second question, I
9 guess, to the Planning Department. Is a
10 deferral at this point almost like a denial?
11 Because you only get -- I mean, it's got to go
12 to
13 what effect does that have? I mean, don't
14 these -- when does this have to be submitted, I
15 guess?
16 MR. KELLY: This is a small scale land use
17 amendment, so
18 on it, but the -- the issue goes to the
19 potential, I guess, for Amendment 4 to be
20 passed. So this potentially would not be heard
21 as another small scale until January 4th, I
22 believe, LUZ, is the next wave of small scale
23 land use amendments that would go through.
24 It could be heard before that; however, it
25 would not be finalized through the State and
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1 through the City in time to -- to be not subject
2 to the Amendment 4 and put on the ballot.
3 That's the predicament.
4 Additionally, the study that the City is
5 working on in conjunction with the Baymeadows
6 community is expected to be finalized probably
7 in June or July of next year. So in terms of
8 timing, a deferral would at least, you know,
9 be, you know, four to five months off here,
10 so . . .
11 MR. JOOST: So if we deferred it at this
12 point, it would give them -- that's at least
13 four to five months versus a year if we deny
14 it?
15 MR. KELLY: Not necessarily.
16 Again, a deferral of the small scale -- the
17 next wave in the series is not going to go until
18 January 4th. As I said, it could be heard
19 before that; however, it is still ultimately
20 subject to Amendment 4 and would still probably
21 follow that -- that chain.
22 MR. JOOST: I guess I -- I agree with
23 Councilman Brown in the fact that -- how it lies
24 now, I would not vote for it. On the other
25 hand, I kind of agree with Councilman Bishop
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1 that -- I mean, it -- at some point it's
2 probably going to be a commercial site, so if we
3 can work it out and come back to something with
4 zoning that we can either vote up or down, I --
5 I don't know. I feel -- and I'd like to hear
6 from the rest of the council members -- maybe a
7 deferral is more appropriate.
8 Don, do you have any -- Mr. Redman, do you
9 have any input? Do you --
10 THE CHAIRMAN: We're going to go through
11 the queue. I've got several folks in the
12 queue. So if you will -- I've got Mr. Brown,
13 Mr. Redman, Mr. Holt. If you'll be mindful of
14 Mr. Joost's question and try to incorporate that
15 in your comments as well, to answer that.
16 Mr. Brown.
17 MR. D. BROWN: Thank you, Mr. Chairman.
18 I wouldn't feel too bad about a deferral if
19 I thought the community and the developer could
20 work together on that. And out of fairness,
21 with Amendment 4 pending, it would seem that if
22 there's a chance of doing something that doesn't
23 trample on the pride of the community by just
24 plowing over and doing a parking lot and a
25 restaurant at the main entrance, but -- but I
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1 think if that gives us an opportunity to maybe
2 have a report that says we've got an amendment
3 that the community is more comfortable with and
4 we hear from the neighborhood as well because I
5 think we need to support the effort they're
6 doing with their master plan.
7 So I'm -- in fairness, Mr. Bishop may be --
8 he may be correct that it would -- wouldn't hurt
9 if we defer it and deferred, but -- that still
10 gives us some control of the site, up until the
11 deadline. And, if so, I would withdraw my
12 second for denial at this point if we want to
13 take a look at -- Mr. Redman would be willing
14 to -- well, without a second, I guess he doesn't
15 have a motion, but -- whatever the committee
16 wants to look at. I think there's some merit to
17 a deferral and giving the opportunity for both
18 sides to work on this.
19 THE CHAIRMAN: Okay. Thank you, Mr. Brown.
20 Mr. Reingold, Mr. Brown is withdrawing his
21 second. Procedurally speaking, where does that
22 put us?
23 MR. REINGOLD: I'll be honest, there are
24 probably people much better than I at Robert's
25 Rules of Order. I'm just -- it's the first time
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1 I've ever heard the withdrawal of a second --
2 THE CHAIRMAN: Well, they're not here, so
3 you're -- you're on the hot seat.
4 MR. REINGOLD: I mean, I think at this
5 point, if Councilman Redman wanted to withdraw
6 his motion, I think we'd be in a good posture
7 to --
8 THE CHAIRMAN: Does Mr. Brown's withdrawal
9 of a second negate --
10 MR. REINGOLD: I would be a little bit more
11 comfortable with the withdrawal of the motion.
12 And if we don't have that, then certainly we
13 could just -- the committee could vote down the
14 denial and then move forward with some other
15 request such as a deferral.
16 THE CHAIRMAN: Thank you, Mr. Roberts.
17 I mean, Mr. Reingold.
18 Mr. Redman happens to be the next on the
19 queue.
20 Mr. Redman.
21 MR. REDMAN: Thank you, sir.
22 In talking with the community, they -- they
23 want -- they don't want to defer this. They are
24 pretty strong about it. They want it, you know,
25 to be voted up or down.
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1 They have fears that -- you know, Horton
2 tried to -- the Horton company tried to take
3 advantage of them before, and they have a fear
4 that if a land use is changed that he -- he
5 could come in and do whatever he wanted to with
6 it. So they liked the idea of the master plan
7 and working with the City and Mr. Flagg.
8 And, you know, I saw the -- I think about
9 an hour presentation that Mr. Flagg has and --
10 and the ideas for the community is great and,
11 you know, to try and disrupt that plan at this
12 point -- I mean, they -- they were surprised by
13 this coming in and disrupting their plans at an
14 inopportune time because they were -- had this
15 ongoing and been working on it for months and
16 now they've had to stop a lot of what they're
17 doing just to -- to combat this. So, you know,
18 I think we need to -- and I suggest that we vote
19 it down and go on from there.
20 THE CHAIRMAN: Okay. Thank you,
21 Mr. Redman.
22 Mr. Reingold or Mr. Crofts or Mr. Kelly,
23 what about a withdrawal, what -- does that do
24 anything for anybody? Does the withdrawal have
25 to be -- does the applicant have to concur with
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1 a withdrawal?
2 MR. CROFTS: I think so. I would think so.
3 THE CHAIRMAN: And what opportunities, if
4 any, does that --
5 MR. CROFTS: I think we're going to -- I'm
6 sorry to interrupt. I think we're going to be
7 back into kind of the same schedule again. It
8 would start fresh -- well, actually it would be
9 an extended schedule. I don't have that in
10 front of me. It may cut some time off.
11 THE CHAIRMAN: So you're telling me that --
12 is Amendment 4 effective immediately on approval
13 by the electorate if that's -- if that happens?
14 MR. CROFTS: I can't answer that question.
15 I don't know.
16 THE CHAIRMAN: Okay. So the next cycle
17 is -- you said January 4th?
18 MR. CROFTS: Actually, what we were talking
19 about, if -- yes, that we would be actually
20 introducing a cycle and we could, I think,
21 attach it to our next semiannual schedule, which
22 would be starting in December and would come
23 before LU- -- actually, late November, December,
24 and come before LUZ, the public hearings in --
25 January 4th.
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1 THE CHAIRMAN: We don't know what that
2 would be subjected to, the requirements of
3 Amendment 4, or --
4 MR. CROFTS: I'm pretty sure that would
5 start after January 1, if not -- not when it
6 actually is approved, so, yes, I think it would
7 be.
8 THE CHAIRMAN: Mr. Reingold, did you want
9 to add anything on the withdrawal?
10 MR. REINGOLD: I guess my only issue with
11 the withdrawal is, if the applicant wasn't
12 supportive of the withdrawal, you essentially
13 would have had a position where the applicant
14 has stepped forward, applied for something, and
15 wants a ruling on it, and the council has sort
16 of said, we're not going to rule on it, and then
17 you just get into sort of due process issues. I
18 really don't know what the outcome of that issue
19 is --
20 THE CHAIRMAN: My question was more about
21 what did that leave on the table for the
22 neighborhood and the applicant. And I was
23 hoping that if those answers came forward, then
24 maybe the applicant might be in a better
25 position to say whether he would be supportive
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1 of a withdrawal.
2 MR. REINGOLD: Oh, I mean, if the council
3 withdraws it now, essentially they could reapply
4 at any time. And, you know, that could be a
5 month from now when there -- there is, you know,
6 consensus in the community and the applicant.
7 It could be two months from now or the like.
8 Certainly the one-year bar would not be a
9 barrier.
10 THE CHAIRMAN: And a denial would prohibit
11 reapplication for a year?
12 MR. REINGOLD: That is correct.
13 THE CHAIRMAN: And withdrawal, that -- if
14 they reapplied, that would require payment of
15 fees, et cetera, all over again?
16 MR. REINGOLD: If the application was from
17 the applicant, not sponsored by a council
18 member, then it would -- all the fees would
19 still apply.
20 THE CHAIRMAN: All right. I was thinking
21 that might be helpful information, but it may
22 not be, so -- Mr. Holt, you were next on the
23 queue. Did you want to weigh in?
24 MR. HOLT: (Inaudible.)
25 THE CHAIRMAN: Okay. Mr. Bishop.
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1 MR. BISHOP: Thank you, Mr. Chairman.
2 Just wanted to piggyback a little bit on
3 what Mr. Reingold said.
4 It strikes me if deferral is not an option,
5 withdrawal may be a very good option for the
6 applicant because if -- if I were the applicant,
7 I wouldn't be getting a very warm and fuzzy
8 about this thing right now. And so weighing the
9 option of whether to work something out with the
10 community and coming back at a time of mutual
11 choosing as opposed to a year, to me, doesn't
12 seem to be too much of a question there. But,
13 again, that's the applicant's choice, I suppose,
14 at this point.
15 So if the motion is made by a
16 councilperson -- I guess this is a question
17 through the Chair to Mr. Reingold -- would that
18 mean that whatever fees are paid to date would
19 not have to be repaid?
20 Presumably application fees of some sort
21 have been paid already. If the council -- if a
22 council member moves withdrawal and the
23 applicant agrees to it and the committee votes
24 for that, does that mean, then, the applicant
25 would not have to repay those application fees
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1 again?
2 MR. REINGOLD: Well, I guess the one option
3 that the council could take is the council could
4 withdraw and return the fees. That is something
5 within the legislative purview of this body.
6 If the council denied -- withdrew it
7 without the return of fees, the applicant, if
8 and when they came forward, would have to apply
9 for fees. The Planning Department wouldn't have
10 any option of not collecting money. I mean,
11 they are directed to do so under the code.
12 MR. BISHOP: Okay. So from a simplicity
13 standpoint, I don't know, to me, deferral makes
14 the most sense because it can sit there as long
15 as it takes to work it out. The option is not
16 looking pretty.
17 Thanks.
18 THE CHAIRMAN: Thank you, Mr. Bishop.
19 Any other discussion?
20 COMMITTEE MEMBERS: (No response.)
21 THE CHAIRMAN: We have a motion on the
22 floor to deny, and I guess we need to take that
23 up. And if you support the motion, you'll vote
24 the green button. If you are opposed to that
25 motion, you'll vote the red button. If that
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1 motion fails, we are back to where we are now
2 or, you know, back to the beginning and we can
3 entertain other motions.
4 Any discussion on the motion on the floor?
5 MR. D. BROWN: Is there a second?
6 THE CHAIRMAN: Well --
7 MR. JOOST: (Inaudible.)
8 THE CHAIRMAN: All right. Again, motion to
9 deny. If you support the motion, you'll vote
10 the green button; opposed to the motion, you
11 vote the red button.
12 Open the ballot.
13 (Committee ballot opened.)
14 MR. CRESCIMBENI: (Votes yea.)
15 MR. HOLT: (Votes nay.)
16 MR. BISHOP: (Votes yea.)
17 MR. D. BROWN: (Votes yea.)
18 MR. JOOST: (Votes yea.)
19 MR. REDMAN: (Votes yea.)
20 (Committee ballot closed.)
21 MS. LAHMEUR: Five yea, one nay.
22 THE CHAIRMAN: By your action, you have
23 denied item 20, 2010-586.
24 Item 21 was not heard by the Planning
25 Commission. We have a public hearing scheduled
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1 this evening.
2 The public hearing is open. I have the
3 same speaker cards. Does anybody care to
4 address the committee?
5 AUDIENCE MEMBERS: (No response.)
6 THE CHAIRMAN: All right. Seeing no one,
7 the public hearing is continued until September
8 21st and there's no other action on that bill.
9 All right. The folks on those items, if
10 you-all are departing now, I would ask that you
11 do so quietly so that we can continue with our
12 meeting.
13 And I think that's going to leave just a
14 few folks left in the audience, so I'm going to
15 just start calling out folks and we'll see what
16 you have on the agenda and we're just going to
17 bounce around to see if we can get you all home.
18 Ms. -- I'm sorry, I can't remember your
19 name.
20 MS. JOHNSTON:
21 THE CHAIRMAN: Ms. Johnston, I'm sorry.
22 Ms. Johnston.
23 MS. JOHNSTON: I'm up next.
24 THE CHAIRMAN: Oh, you're up next. Wow.
25 Isn't that a coincidence?
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1 Item 22. All right. Mr. Crofts, item 22,
2 2010-588.
3 MR. CROFTS: Yes, sir.
4 Mr. Chairman, members of the committee,
5 this proposed ordinance is a proposed land use
6 amendment to the future land use map series of
7 the 2030 Comprehensive Plan seeking to modify
8 .7-hundredths of an acre -- seven-tenths of an
9 acre located at
10 property is located in the North Planning
11 District. It is in Council District 8. It is a
12 request to change the land use from LDR, low
13 density residential, to CGC, community/general
14 commercial.
15 The Planning Department has conducted a
16 review of this item and found that it is
17 compatible with the development trends in this
18 area; it's consistent with several applicable
19 plans, including the 2010 Comprehensive Plan.
20 The trend in this particular area is for the
21 adoption of more intensive land uses to CGC as
22 well as LI. And, for these reasons, the
23 Planning Department recommends approval.
24 THE CHAIRMAN: Thank you, Mr. Crofts.
25 We have a public hearing scheduled on this
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1 this evening.
2 The public hearing is open. I have one
3 speaker, Paige Johnston.
4 Ms. Johnston.
5 MS. JOHNSTON: Yes. I'm Paige Johnston,
7 owner and applicant of this application.
8 And in the interest of time, since we --
9 you've had a long agenda, I would go ahead and
10 rely on the Planning Department's staff report
11 and my prior comments at the Planning
12 Commission.
13 We have support from the Planning
14 Commission. We presented before the Waterways
15 Commission, and we also presented the
16 application to the governmental affairs
17 division -- or not division, I'm sorry --
18 subcommittee of the
19 recommended approval, so we would request your
20 support.
21 THE CHAIRMAN: Thank you, Ms. Johnston.
22 Any questions from the committee?
23 COMMITTEE MEMBERS: (No response.)
24 THE CHAIRMAN: All right. Anyone else care
25 to address the committee? I only have one
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1 speaker's card.
2 AUDIENCE MEMBERS: (No response.)
3 THE CHAIRMAN: Seeing no one, the public
4 hearing is closed.
5 MR. HOLT: Move the bill.
6 MR. JOOST: Second.
7 THE CHAIRMAN: Motion by Mr. Holt, second
8 by Mr. Joost.
9 Discussion?
10 COMMITTEE MEMBERS: (No response.)
11 THE CHAIRMAN: If not, open the ballot,
12 vote.
13 (Committee ballot opened.)
14 MR. CRESCIMBENI: (Votes yea.)
15 MR. HOLT: (Votes yea.)
16 MR. BISHOP: (Votes yea.)
17 MR. D. BROWN: (Votes yea.)
18 MR. JOOST: (Votes yea.)
19 MR. REDMAN: (Votes yea.)
20 (Committee ballot closed.)
21 MS. LAHMEUR: Six yeas, zero nay.
22 THE CHAIRMAN: By your action, you've
23 approved item 22, 2010-588.
24 Item 23, 2010-589.
25 Mr. Kelly, your brief report, please.
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1 MR. KELLY: Thank you.
2 To the Chair and to committee members,
3 ordinance 2010-589 seeks to rezone approximately
4 .7 acres of land from RR to CCG-1 zoning.
5 For all the reasons cited in the proposed
6 land use amendment, the department is supporting
7 this request to rezoning [sic] and finds it
8 consistent with the
9 and Master Plan, which is to promote commercial
10 infilling along this section of
11 Adjacent property, both north and west of
12 the subject property, is currently zoned CCG-2
13 and there is a PUD, additionally, to the south
14 which supports office and warehouse
15 development. Therefore, we find it to be
16 consistent with the comprehensive plan and
17 compatible with the surrounding area.
18 THE CHAIRMAN: Thank you, Mr. Kelly.
19 This is a quasi-judicial matter. Does
20 anybody have any ex-parte communication to
21 disclose?
22 COMMITTEE MEMBERS: (No response.)
23 THE CHAIRMAN: All right. Seeing none, we
24 have a public hearing scheduled for this
25 evening.
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1 The public hearing is open. I have one
2 speaker's card, Paige Johnston.
3 Ms. Johnston.
4 MS. JOHNSTON: Paige Johnston, 1301
5 Riverplace Boulevard, on behalf of the
6 applicant/owner.
7 I'll just stand by for questions.
8 THE CHAIRMAN: Thank you, Ms. Johnston.
9 Any questions from the committee?
10 COMMITTEE MEMBERS: (No response.)
11 THE CHAIRMAN: All right. Seeing none,
12 anyone else care to address the committee?
13 AUDIENCE MEMBERS: (No response.)
14 THE CHAIRMAN: The public hearing is
15 closed.
16 MR. HOLT: Move the bill.
17 MR. BISHOP: Second.
18 THE CHAIRMAN: Motion by Mr. Holt; second,
19 I believe, by Mr. Bishop.
20 Any discussion?
21 COMMITTEE MEMBERS: (No response.)
22 THE CHAIRMAN: If not, open the ballot,
23 vote.
24 (Committee ballot opened.)
25 MR. CRESCIMBENI: (Votes yea.)
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1 MR. HOLT: (Votes yea.)
2 MR. BISHOP: (Votes yea.)
3 MR. D. BROWN: (Votes yea.)
4 MR. JOOST: (Votes yea.)
5 MR. REDMAN: (Votes yea.)
6 (Committee ballot closed.)
7 MS. LAHMEUR: Six yeas, zero nay.
8 THE CHAIRMAN: By your action, you have
9 approved item 23, 2010-589.
10 Anybody here for item 24, raise your hand.
11 MR. BOSWELL: (Indicating.)
12 THE CHAIRMAN: Okay. Item 24, 2010-590.
13 Mr. Crofts.
14 MR. CROFTS: Item 24, again ordinance
15 2010-590, is a proposed land use amendment to
16 the future land use map series of the 2030
17 Comprehensive Plan seeking to modify
18 2.23 acres of land located at 460 and 494
19
20 in the Northwest Planning District and Council
21 District 7, and the request is specifically to
22 change the land uses on the property from RPI
23 and LDR to CGC, commercial/general commercial.
24 The Planning and Development Department has
25 conducted a review of this property in terms of
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1 its compatibility with surrounding land uses and
2 its consistency with applicable plans and
3 impacts as it relates to infrastructure and the
4 environment and recommends approval in
5 cognisance of -- or with an accompanying PUD
6 with a strong commitment to fencing and buffers
7 to mitigate any off-site impacts on the
8 surrounding residential area, and staff
9 recommends approval.
10 THE CHAIRMAN: Thank you, Mr. Crofts.
11 Mr. Reingold, I have a note on my agenda
12 that you needed some information. You were
13 still waiting for some information on that.
14 Have you received it for this item?
15 MR. REINGOLD: I did receive, to the Chair,
16 a letter from an attorney concerning the
17 ownership issue. I don't think it fully cleared
18 up the issue, but I think it was quite an
19 attempt, and I'd be happy to work with that
20 attorney and resolve that issue by the end of
21 the week if that's what the committee --
22 THE CHAIRMAN: If it's not resolved by
23 Tuesday, you let me know and we'll defer -- I'll
24 ask for the bill to be rereferred back to
25 committee.
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1 MR. REINGOLD: Absolutely.
2 THE CHAIRMAN: We have a public hearing
3 scheduled for this bill tonight. The public
4 hearing is open. I have one speaker's card,
5 Dan Boswell.
6 (Mr. Boswell approaches the podium.)
7 THE CHAIRMAN: Mr. Boswell.
8 MR. BOSWELL: Yes. Dan Boswell, 4014 Ranie
9 Road,
10 And I'm just referring to the Planning
11 Department's recommended approval on this.
12 THE CHAIRMAN: Thank you, sir.
13 Any questions for Mr. Boswell?
14 COMMITTEE MEMBERS: (No response.)
15 THE CHAIRMAN: All right. Seeing none,
16 anyone else care to address the committee?
17 AUDIENCE MEMBERS: (No response.)
18 THE CHAIRMAN: The public hearing is
19 closed.
20 Mr. Boswell, please satisfy Mr. Reingold's
21 request by Tuesday.
22 MR. BOSWELL: Oh, yes.
23 THE CHAIRMAN: Thank you.
24 MR. JOOST: Move the bill.
25 MR. HOLT: Second.
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1 THE CHAIRMAN: Motion by Mr. Joost, second
2 by Mr. Holt.
3 Any discussion?
4 COMMITTEE MEMBERS: (No response.)
5 THE CHAIRMAN: If not, open the ballot,
6 vote.
7 (Committee ballot opened.)
8 MR. CRESCIMBENI: (Votes yea.)
9 MR. HOLT: (Votes yea.)
10 MR. BISHOP: (Votes yea.)
11 MR. D. BROWN: (Votes yea.)
12 MR. JOOST: (Votes yea.)
13 MR. REDMAN: (Votes yea.)
14 (Committee ballot closed.)
15 MS. LAHMEUR: Six yeas, zero nay.
16 THE CHAIRMAN: By our action, you have
17 approved item 24, 2010-590.
18 Item 25, companion rezoning, 2010-591.
19 Mr. Kelly.
20 MR. KELLY: Thank you.
21 To the Chair and committee members,
22 ordinance 2010-591 is the companion rezoning to
23 PUD for the Bill Dye
24 property is proposed to be used for boat
25 storage, marina uses, and trailer storage.
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1 Again, the department supports this
2 request, finds it consistent with the character
3 of the area. There are eight conditions that
4 were approved at Planning Commission. I could
5 read them all into the record. We do have a
6 revised version for condition 7, which restates,
7 in essence, the condition in a more logical
8 order, so -- it's up to the committee. If you'd
9 like me to read them into the record, I'd be
10 glad to do so.
11 THE CHAIRMAN: Do we need to get the
12 conditions accepted by the applicant?
13 MR. REINGOLD: Yes.
14 THE CHAIRMAN: So we need to read them into
15 the record so we can have them confirm their
16 acceptance of the same.
17 MR. KELLY: Will do.
18 Condition 1, "The development shall be
19 subject to the original legal description dated
20 June 28th."
21 Condition 2, "The development shall be
22 subject to the original written description
23 dated June 28th."
24 Condition 3, "The development shall be
25 subject to the original site plan dated June
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1 28th."
2 Condition 4, "Required transportation
3 improvements shall be made in accordance with
4 the Development Services Division memorandum
5 dated July 26th, 2010, attached or otherwise
6 approved by the Planning and Development
7 Department."
8 Condition 5, "All sag lenses, drop lenses,
9 and convex lenses shall be prohibited.
10 Illumination levels at all property lines shall
11 not exceed a half footcandle and shall not
12 exceed one footcandle when abutting other
13 nonresidential properties.
14 "All lighting lamp sources within the
15 parking lot shall be metal halide or compact
16 fluorescent. The maximum light pole height
17 shall not exceed 20 feet.
18 "An exterior lighting design plan,
19 including photometric plan, pole and fixture
20 schedules, shall be submitted at the time of
21 verification of substantial compliance for
22 review and approval by the Planning and
23 Development Department."
24 Condition 7 has been modified to read, "A
25 20-foot-wide landscape buffer meeting the buffer
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1 material requirements of section 656.1216 of the
2 zoning code shall be provided and maintained
3 along the south and west property lines.
4 "A 10-foot-wide landscape buffer meeting
5 the buffer material requirements of section
6 656.1216 of the zoning code shall be provided
7 and maintained along the north and east property
8 lines.
9 "All landscaping and buffers shall be
10 installed prior to issuance of any certificate
11 of use or commencement of the use."
12 Condition 8, "On-site signage shall be
13 limited to one externally-illuminated monument
14 sign not to exceed 24 square feet in area and
15 8 feet in height. Directional signs shall not
16 exceed 4 square feet in area each."
17 Those were the conditions.
18 THE CHAIRMAN: Thank you, Mr. Kelly.
19 I was going to ask you to repeat those, but
20 I won't do that.
21 We have a public -- I'm sorry --
22 quasi-judicial matter. Does anybody have any
23 ex-parte communication to disclose?
24 COMMITTEE MEMBERS: (No response.)
25 THE CHAIRMAN: All right. Seeing none, we
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1 have a public hearing scheduled.
2 The public hearing is open. We have one
3 speaker, Dan Boswell.
4 Mr. Boswell, did you hear the conditions
5 read into the record?
6 MR. BOSWELL: Can I hear those again?
7 THE CHAIRMAN: Sure.
8 MR. BOSWELL: No.
9 THE CHAIRMAN: After we adjourn.
10 MR. BOSWELL: I'm fine.
11 THE CHAIRMAN: You accept all those?
12 MR. BOSWELL: Yes, sir, I do.
13 Thank you.
14 THE CHAIRMAN: You're welcome to address
15 the committee. You have three minutes.
16 MR. BOSWELL: I'm going to refer, again, to
17 the Planning Department. I'm fine with --
18 THE CHAIRMAN: Questions only or --
19 MR. BOSWELL: -- with all of --
20 THE CHAIRMAN: Any questions from the
21 committee?
22 COMMITTEE MEMBERS: (No response.)
23 MR. BOSWELL: -- the conditions.
24 THE CHAIRMAN: All right. Seeing none,
25 anyone else care to address the committee?
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1 AUDIENCE MEMBERS: (No response.)
2 THE CHAIRMAN: Seeing nobody, the public
3 hearing is closed.
4 MR. JOOST: Move the amendment.
5 MR. BISHOP: Second.
6 THE CHAIRMAN: Motion on the amendment by
7 Mr. Joost, second by Mr. Bishop.
8 Any discussion?
9 COMMITTEE MEMBERS: (No response.)
10 THE CHAIRMAN: All those in favor say yes.
11 COMMITTEE MEMBERS: Yes.
12 THE CHAIRMAN: Opposed say no.
13 COMMITTEE MEMBERS: (No response.)
14 THE CHAIRMAN: By our action, you have
15 approved the amendment.
16 MR. JOOST: Move the bill as amended.
17 MR. BISHOP: Second.
18 THE CHAIRMAN: Motion on the bill as
19 amended by Mr. Joost, second by Mr. Bishop.
20 Discussion?
21 COMMITTEE MEMBERS: (No response.)
22 THE CHAIRMAN: If not, open the ballot,
23 vote.
24 (Committee ballot opened.)
25 MR. CRESCIMBENI: (Votes yea.)
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1 MR. HOLT: (Votes yea.)
2 MR. BISHOP: (Votes yea.)
3 MR. D. BROWN: (Votes yea.)
4 MR. JOOST: (Votes yea.)
5 MR. REDMAN: (Votes yea.)
6 (Committee ballot closed.)
7 MS. LAHMEUR: Six yeas, zero nay.
8 THE CHAIRMAN: By your action, you have
9 approved item 25, 2010-591.
10 Turning to page 9, we've already taken up
11 item 26.
12 Is anybody here for item 27?
13 I'm sorry. Mr. Crofts.
14 MR. CROFTS: Item 27, ordinance 2010-593,
15 is a propose land use amendment, again, to the
16 future land use map series of the 2030
17 Comprehensive Plan seeking to modify .39 acres
18 originally located at the southwest corner of
19
20 located in the Southwest Planning District and
21 it is in Council District 9, and the request is
22 from low density residential to CGC
23 community/general/commercial.
24 The Planning Department staff has conducted
25 a review of this item in terms of its
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1 compatibility, in terms of its impacts, in terms
2 of its consistency with applicable plans and
3 recommends approval as amended, with the
4 amendment being a deletion of the easterly
5 60 feet of the property to eliminate staff
6 objections to the proposal that were based and
7 oriented upon the encroachment of this
8 particular amendment into the adjacent
9 neighborhood to the rear.
10 The new amendment would constitute a land
11 use amendment that would reduce the acreage
12 from .39 acres to .22 acres. And with that
13 amendment, staff recommends approval.
14 THE CHAIRMAN: Thank you, Mr. Crofts.
15 We have a public hearing scheduled on this
16 bill this evening. I did receive a request to
17 defer the companion rezoning, which is the next
18 item, 28, from the district councilmember, but
19 no correspondence with regard to the land use.
20 So we have a public hearing scheduled. The
21 public hearing is open. I have one speaker's
22 card, and guess who it is? Dan Boswell.
23 Mr. Boswell.
24 MR. BOSWELL: Dan Boswell,
25
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1 of the property.
2 This location is just there for use by the
3 Baker Glass Company and that company located
4 forward of that land use change, and -- and just
5 for clients -- customers of that company and
6 employees only. And I'm okay with that. That's
7 fine.
8 THE CHAIRMAN: Okay. Thank you,
9 Mr. Boswell.
10 Any questions from the committee?
11 COMMITTEE MEMBERS: (No response.)
12 THE CHAIRMAN: All right. Seeing none,
13 anyone else care to address the committee?
14 AUDIENCE MEMBERS: (No response.)
15 THE CHAIRMAN: Seeing no one, the public
16 hearing is closed.
17 MR. JOOST: Move the amendment.
18 MR. REDMAN: Second.
19 THE CHAIRMAN: Motion on the amendment by
20 Mr. Joost, second by Mr. Redman.
21 Discussion on the amendment?
22 COMMITTEE MEMBERS: (No response.)
23 THE CHAIRMAN: I'm sorry. Mr. Reingold.
24 MR. REINGOLD: Just to the committee as a
25 whole, essentially, as Mr. Crofts explained, the
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1 amendment drops the acreage in the bill from
2 .39 acres to .22 acres. Additionally, it
3 changes out the exhibits attached to the bill to
4 reflect that change.
5 THE CHAIRMAN: Thank you, Mr. Reingold.
6 Mr. Boswell, you accept those changes?
7 MR. BOSWELL: Absolutely.
8 THE CHAIRMAN: All right. Thank you.
9 MR. BOSWELL: Yes, I do.
10 THE CHAIRMAN: All right. Motion and a
11 second on the amendment.
12 Any discussion?
13 COMMITTEE MEMBERS: (No response.)
14 THE CHAIRMAN: All those in favor say yes.
15 COMMITTEE MEMBERS: Yes.
16 THE CHAIRMAN: Opposed say no.
17 COMMITTEE MEMBERS: (No response.)
18 THE CHAIRMAN: By our action, you've
19 approved the amendment.
20 MR. JOOST: Move the bill as amended.
21 MR. REDMAN: Second.
22 THE CHAIRMAN: Motion on the bill as
23 amended by Mr. Joost, second by Mr. Redman.
24 Discussion?
25 MR. JOOST: Just real quick.
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1 THE CHAIRMAN: Mr. Joost.
2 MR. JOOST: Thank you, Mr. Chairman.
3 Through the Planning Department, with the
4 bill as amended, would that change your denial?
5 MR. CROFTS: Through the Chair, yes, sir.
6 As indicated, with the amendment, we're --
7 staff is recommending approval. We were
8 concerned about the encroachment into the
9 neighborhood, and this takes out a large portion
10 of that property that would be in the rear, it
11 would be facing residential on three sides.
12 MR. JOOST: Thank you.
13 THE CHAIRMAN: Thank you, Mr. Joost.
14 Any other comments?
15 COMMITTEE MEMBERS: (No response.)
16 THE CHAIRMAN: Thank you, sir. Appreciate
17 you doing that.
18 All right. If not, open the ballot, vote.
19 (Committee ballot opened.)
20 MR. CRESCIMBENI: (Votes yea.)
21 MR. HOLT: (Votes yea.)
22 MR. BISHOP: (Votes yea.)
23 MR. D. BROWN: (Votes yea.)
24 MR. JOOST: (Votes yea.)
25 MR. REDMAN: (Votes yea.)
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1 (Committee ballot closed.)
2 MS. LAHMEUR: Six yeas, zero nay.
3 THE CHAIRMAN: By our action, you've
4 approved item 27, 2010-593.
5 Item 28 was not taken up by the -- I'm
6 sorry --
7 MR. BOSWELL: Thank you.
8 THE CHAIRMAN: -- it was taken up by the
9 Planning Commission, but we have a request from
10 Councilman Jones to defer this tonight. We're
11 not going to -- we're going to honor that
12 request and not take any action.
13 I do have a public hearing. The public
14 hearing is open. One speaker's card,
15 Mr. Boswell.
16 MR. BOSWELL: Yes. Dan Boswell, 4014 Ranie
17 Road,
18 I represent the owners on the Cedar Point
19 Road development.
20 MR. CROFTS: We're on the rezoning.
21 MR. BOSWELL: I'm sorry.
22 THE CHAIRMAN: We're on item 28, the
23 companion rezoning to the land use we just
24 approved.
25 MR. BOSWELL: Okay. Yes, I'm -- defer to
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1 the Planning Department on that. We're -- we're
2 moving ahead with that? We're -- where are we
3 at on that? I'm lost.
4 MR. REINGOLD: Mr. Boswell, the council
5 member of the district requested that it be
6 deferred. There's a public hearing tonight;
7 therefore, the council -- chair of the committee
8 opened the public hearing up and, obviously, was
9 just looking to see if you had any additional
10 comments or would you like to hold them until
11 the next meeting?
12 MR. BOSWELL: I'll hold them till the next
13 round.
14 THE CHAIRMAN: Thank you, Mr. Boswell.
15 Anyone else care to address the committee?
16 AUDIENCE MEMBERS: (No response.)
17 THE CHAIRMAN: Seeing no one, the public
18 hearing is continued until September 21st, and
19 that bill is deferred.
20 Anybody here on item 29?
21 AUDIENCE MEMBERS: (No response.)
22 THE CHAIRMAN: Item 30? Just raise your
23 hand.
24 AUDIENCE MEMBERS: (No response.)
25 THE CHAIRMAN: Item 31?
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1 MR. DUGGAN: (Indicating.)
2 THE CHAIRMAN: Come on down.
3 We'll go back and pick up those other
4 items. Let's take care of the folks in the
5 audience so they can go home and watch the
6 news.
7 MR. CROFTS: Mr. Chairman, is it my turn?
8 THE CHAIRMAN: Yes, Mr. Crofts, it is your
9 turn.
10 MR. CROFTS: Thank you.
11 THE CHAIRMAN: Item 31, 2010-617.
12 MR. CROFTS: This legislation is a proposed
13 semiannual land use amendment to the future land
14 use map series of the 2030 Comprehensive Plan,
15 and it proposes to modify approximately 67 acres
16 of land located along the west side of
17
19 Planning District, and this property is also
20 located in Council District 4.
21 The request is to change the land use from
22 RPI, residential-professional-institutional, to
23 CGC, community/general commercial.
24 Staff has reviewed the item, looked at it
25 in terms of compatibility, in terms of
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1 consistency, overall impacts, and in terms of
2 its relationships with existing -- surrounding
3 neighborhoods, and recommends approval.
4 This particular site, as a comment, is
5 transitioning from a mix of low and medium
6 density residential uses to a more intense
7 commercial and -- and a mixed-use type of
8 development that is compatible with adjacent
9 uses to the east and to the south.
10 Again, staff recommends approval.
11 THE CHAIRMAN: Thank you, Mr. Crofts.
12 Was there an amendment or something that
13 somebody needed on this, Mr. Reingold?
14 MR. REINGOLD: To the Chair, yes, there is
15 a revised owner list, and so that will need to
16 be revised in the bill.
17 THE CHAIRMAN: Okay. Thank you, sir.
18 All right. We have a public hearing
19 scheduled on this. The public hearing is open.
20 I have one speaker's card, Wyman Duggan.
21 (Mr. Duggan approaches the podium.)
22 MR. DUGGAN: Thank you, Mr. Chairman.
23 Wyman Duggan,
24 Suite 1500.
25 Since there are no other speaker cards,
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1 Mr. Chairman, I'll stand by for questions.
2 THE CHAIRMAN: All right. Thank you,
3 Mr. Duggan.
4 Do you want to talk about the amendment?
5 MR. REINGOLD: If Mr. Duggan just confirms
6 that he's okay with that amendment, I'm fine.
7 MR. DUGGAN: Yes, Mr. Chairman. I provided
8 the revised owners list to Mr. Reingold today.
9 THE CHAIRMAN: Thank you.
10 Any other questions from the committee?
11 COMMITTEE MEMBERS: (No response.)
12 THE CHAIRMAN: All right. Seeing none,
13 anyone else care to address the committee on the
14 bill?
15 AUDIENCE MEMBERS: (No response.)
16 THE CHAIRMAN: Seeing no one, the public
17 hearing is closed.
18 MR. JOOST: Move the amendment.
19 MR. BISHOP: Second.
20 THE CHAIRMAN: Motion on the amendment by
21 Mr. Joost, second by Mr. Bishop.
22 Discussion on the amendment?
23 COMMITTEE MEMBERS: (No response.)
24 THE CHAIRMAN: Seeing none, all those in
25 favor say yes.
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1 COMMITTEE MEMBERS: Yes.
2 THE CHAIRMAN: Opposed say no.
3 COMMITTEE MEMBERS: (No response.)
4 THE CHAIRMAN: By your action, you've
5 adopted the amendment.
6 MR. JOOST: Move the bill as amended.
7 MR. REDMAN: Second.
8 THE CHAIRMAN: Motion on the bill as
9 amended by Mr. Joost, second by Mr. Redman.
10 Discussion on the bill as amended?
11 COMMITTEE MEMBERS: (No response.)
12 THE CHAIRMAN: Seeing none, open the
13 ballot, vote.
14 (Committee ballot opened.)
15 MR. CRESCIMBENI: (Votes yea.)
16 MR. HOLT: (Votes yea.)
17 MR. BISHOP: (Votes yea.)
18 MR. D. BROWN: (Votes yea.)
19 MR. JOOST: (Votes yea.)
20 MR. REDMAN: (Votes yea.)
21 (Committee ballot closed.)
22 MS. LAHMEUR: Six yeas, zero nay.
23 THE CHAIRMAN: By your action, you have
24 approved item 31, 2010-617.
25 MR. DUGGAN: Thank you.
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1 THE CHAIRMAN: Thank you, Mr. Duggan.
2 2010-618, item 32. We are going to -- this
3 is the companion rezoning, but we're not going
4 to take that up tonight. We do have a public
5 hearing scheduled. The public hearing is open.
6 Mr. Duggan, did you have a card for that? I
7 don't have --
8 MR. DUGGAN: I'm sorry. I did not because
9 it didn't come out of Planning Commission, so I
10 didn't anticipate we would actually open the
11 hearing.
12 I'm here for questions.
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 the public hearing is continued until September
18 21st, and that bill is deferred.
19 MR. DUGGAN: Thank you.
20 THE CHAIRMAN: We already took up item 33
21 at the bottom of the page and item 34 at the top
22 of page 11.
23 Anybody here on item 35? Raise your hand.
24 MR. C. HART: (Indicating.)
25 THE CHAIRMAN: Mr. Hart, come forward,
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1 please.
2 Mr. Crofts.
3 MR. CROFTS: Item 35, 2010-621, is a
4 proposed land use amendment to the future land
5 use map series of the 2030 Comprehensive Plan
6 seeking to modify 9.47 acres of land located at
7 6604, 6606, and 6664 Osceola Street.
8 This property is located in the Northwest
9 Planning District. It is in Council District
10 10. The request is to modify the land from use
11 low density residential to LI, light
12 industrial.
13 I would point out that this particular
14 property has been evaluated in terms of
15 compatibility, with consistency, and its
16 impacts. It has been determined to be in the
17 industrial sanctuary area, which is a special
18 industrial overlay designation in the City's
19 comprehensive plan. It has gone before the ITAC
20 committee for approval, which is that committee
21 overseeing that overlay.
22 Staff recommends approval.
23 THE CHAIRMAN: Thank you, Mr. Crofts.
24 We have a public hearing scheduled on this
25 this evening. The public hearing is open. I
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1 have two speaker cards. The first is Curtis
2 Hart.
3 (Mr. C. Hart approaches the podium.)
4 MR. C. HART: Curtis Hart,
5
6 I'm just here to state for the record that
7 I'm asking you to approve this item and to note
8 for the record that the Pickettville Association
9 and Mr. Henderson has signed off on it.
10 THE CHAIRMAN: Thank you, Mr. Hart.
11 Any questions from the committee?
12 MR. C. HART: No.
13 COMMITTEE MEMBERS: (No response.)
14 THE CHAIRMAN: I meant for them.
15 MR. C. HART: I thought that was a
16 question. I don't have any questions of you
17 guys. It's the way you --
18 THE CHAIRMAN: Okay. We needed some
19 entertainment there, Mr. Hart. It's getting
20 late.
21 All right. I have another speaker's card,
22 Justin Hart.
23 Now, Mr. Hart, I see that you're -- it's
24 noted on here that you're a lobbyist, but you're
25 not registered. Are you --
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1 (Mr. J. Hart approaches the podium.)
2 MR. J. HART: Apparently it became apparent
3 a little while ago I wasn't registered, so
4 called in for the backup.
5 THE CHAIRMAN: Okay. Do you own the
6 property or -- is this your property or --
7 MR. J. HART: No, not today.
8 THE CHAIRMAN: All right. I'm going to
9 need you to register and I'm not going to be
10 able to -- okay?
11 MR. J. HART: No big deal.
12 THE CHAIRMAN: All right. Thank you.
13 Is that correct, Mr. Reingold? It's the
14 zoning application that --
15 MR. REINGOLD: Yeah, absolutely.
16 THE CHAIRMAN: All right. I just want to
17 make sure I'm on the right page.
18 MR. REINGOLD: Pursuant to your comments,
19 Mr. Hart could speak on the rezoning.
20 THE CHAIRMAN: Okay. Thank you.
21 Anyone else care to address the committee?
22 AUDIENCE MEMBERS: (No response.)
23 THE CHAIRMAN: All right. Seeing no one,
24 the public hearing is closed.
25 MR. BISHOP: Move the bill.
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1 MR. JOOST: Second.
2 THE CHAIRMAN: Motion by Mr. Bishop, second
3 by Mr. Joost.
4 Discussion?
5 COMMITTEE MEMBERS: (No response.)
6 THE CHAIRMAN: If not, open the ballot,
7 vote.
8 (Committee ballot opened.)
9 MR. CRESCIMBENI: (Votes yea.)
10 MR. HOLT: (Votes yea.)
11 MR. BISHOP: (Votes yea.)
12 MR. D. BROWN: (Votes yea.)
13 MR. JOOST: (Votes yea.)
14 MR. REDMAN: (Votes yea.)
15 (Committee ballot closed.)
16 MS. LAHMEUR: Six yeas, zero nay.
17 THE CHAIRMAN: By our action, you've
18 approved item 35, 2010-621.
19 Item 36, 2010-622.
20 Mr. Kelly.
21 MR. KELLY: Thank you.
22 To the Chair and committee, ordinance
23 2010-622 is the companion rezoning for the
24 previous land use request. This is going from
25 RR to PUD. Again, this PUD is being provided to
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1 allow for light industrial uses.
2 This is located at the intersection of
4 of situational compatibility within the
5 industrial overlay.
6 Again, the department finds it to be
7 consistent with numerous policies in the
8 comprehensive plan, future land use objective
9 3.2, 3.2.30. Additionally, finds it consistent
10 with the criteria for a PUD as it is internally
11 compatible and also externally compatible
12 through the conditions of approval and the
13 written description.
14 The conditions for approval are the five
15 conditions identified in the memorandum letter
16 to the council president dated August 26th. I
17 will read those into the record.
18 "The development shall be subject to the
19 original legal description dated June 16th,
20 2010."
21 Condition 2, "The development shall be
22 subject to the revised written description dated
23 August 24th, 2010."
24 Condition 3, "The development shall be
25 subject to the" -- and it says the original site
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1 plan, but I believe Dylan and I talked about
2 this earlier. Because of the -- a minor change
3 to the site plan that talked about potential
4 access from the southern property line through
5 another parcel, because of that indication on
6 the site plan, we had to revise the site plan
7 date. So that is now the revised site plan
8 dated September 8th, 2010.
9 Condition 4, "The development shall be
10 subject to the review and approval of the
11 Development Services Division memorandum dated
12 August 4th, 2010, attached, or as otherwise
13 approved by the Planning and Development
14 Department."
15 And condition 5, "A 100-foot-wide buffer
16 consisting of landscaping and berming shall be
17 provided and maintained along the north property
18 line in accordance with Section F and the
19 Industrial Buffer Plan A as attached."
20 THE CHAIRMAN: Thank you, Mr. Kelly.
21 Mr. Reingold.
22 MR. REINGOLD: There are just two small
23 comments on condition 4. I think it would just
24 be more appropriate to have it, "The development
25 shall be subject to the Development Services
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1 Division memorandum," and then the rest stay the
2 same. And on the final one where Mr. Kelly
3 said "attached," I think we should reference
4 that as Exhibit 4 if that's going to be attached
5 to the bill.
6 Other than that, we're fine to go.
7 THE CHAIRMAN: Okay. Thank you,
8 Mr. Reingold.
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 and I have two
16 speaker cards, Curtis Hart, Justin Hart.
17 Curtis.
18 (Mr. C. Hart approaches the podium.)
19 MR. C. HART: Curtis Hart,
20 I'm in support of these items and agree
21 with the conditions.
22 THE CHAIRMAN: Okay. Thank you, sir.
23 Do you agree to the conditions as modified
24 by Mr. Reingold's comments?
25 MR. C. HART: Yes, sir.
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1 THE CHAIRMAN: All right. Thank you, sir.
2 Any questions for Mr. Hart?
3 COMMITTEE MEMBERS: (No response.)
4 THE CHAIRMAN: Justin Hart.
5 MR. J. HART: (Shakes head.)
6 THE CHAIRMAN: You're going to waive? You
7 can actually speak this time.
8 MR. J. HART: I'm good.
9 THE CHAIRMAN: You're good. Okay.
10 All right. Very good.
11 Anybody else care to address the
12 committee?
13 AUDIENCE MEMBERS: (No response.)
14 THE CHAIRMAN: All right. Seeing no one,
15 the public hearing is closed.
16 MR. JOOST: Move the amendment.
17 MR. BISHOP: Second.
18 THE CHAIRMAN: Motion on the amendment by
19 Mr. Joost, second by Mr. Bishop.
20 Discussion?
21 COMMITTEE MEMBERS: (No response.)
22 THE CHAIRMAN: If not, all those in favor
23 say yes.
24 COMMITTEE MEMBERS: Yes.
25 THE CHAIRMAN: Opposed say no.
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1 COMMITTEE MEMBERS: (No response.)
2 THE CHAIRMAN: By your action, you've
3 adopted the amendment.
4 MR. HOLT: Move the bill as amended.
5 MR. JOOST: Second.
6 THE CHAIRMAN: Motion by Mr. Holt, second
7 by Mr. Joost.
8 Discussion on the bill as amended?
9 COMMITTEE MEMBERS: (No response.)
10 THE CHAIRMAN: If not, open the ballot,
11 vote.
12 (Committee ballot opened.)
13 MR. CRESCIMBENI: (Votes yea.)
14 MR. HOLT: (Votes yea.)
15 MR. BISHOP: (Votes yea.)
16 MR. D. BROWN: (Votes yea.)
17 MR. JOOST: (Votes yea.)
18 MR. REDMAN: (Votes yea.)
19 (Committee ballot closed.)
20 MS. LAHMEUR: Six yeas, zero nay.
21 THE CHAIRMAN: By your action, you have
22 approved item 36, 2010-622.
23 Item 37. Is Mr. Hoff still here?
24 AUDIENCE MEMBER: Yes.
25 THE CHAIRMAN: All right. Do you want to
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1 come forward, sir?
2 Item 37, 2010-623.
3 Mr. Crofts.
4 MR. CROFTS: This legislation is a proposed
5 land use amendment to the future land use map
6 series of the 2030 Comprehensive Plan seeking to
7 modify 26.8 acres of land located currently at
8 the address of
9 is located in the North Planning District. It
10 is in Council District 8. It is a request to
11 modify the land use from low density residential
12 to RPI.
13 The purpose of this land use amendment is
14 to allow the existing church to expand with some
15 additional housing and church-related,
16 ancillary-type uses on the entire property.
17 The Planning Department has conducted a
18 review of this item, feels that it is compatible
19 with the surrounding land use, and the impacts
20 on those surrounding uses is in a positive
21 nature. It is consistent with the applicable
22 plans, the comprehensive plan, and its overall
23 impact on the infrastructure and the
24 environmental components of the area.
25 And, with that, the department recommends
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1 approval.
2 THE CHAIRMAN: Thank you, Mr. Crofts.
3 We have a public hearing scheduled on this
4 item tonight. The public hearing is open. I
5 have one speaker's card, Henry Hoff.
6 Mr. Hoff.
7 AUDIENCE MEMBER: Henry Hoff, 5654 Dunn
8 Avenue, representing the applicant.
9 I'm just here to -- we agree with the
10 Planning Department's recommendation. I'm here
11 to answer any questions.
12 THE CHAIRMAN: Thank you, sir.
13 Any questions for Mr. Hoff?
14 COMMITTEE MEMBERS: (No response.)
15 THE CHAIRMAN: All right. Seeing none,
16 anyone else care to address the committee?
17 COMMITTEE MEMBERS: (No response.)
18 THE CHAIRMAN: Seeing nobody, the public
19 hearing is closed.
20 MR. HOLT: Move the bill.
21 MR. JOOST: Second.
22 THE CHAIRMAN: Motion on the bill by
23 Mr. Holt, second by Mr. Joost.
24 Discussion?
25 COMMITTEE MEMBERS: (No response.)
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1 THE CHAIRMAN: If not, open the ballot,
2 vote.
3 (Committee ballot opened.)
4 MR. CRESCIMBENI: (Votes yea.)
5 MR. HOLT: (Votes yea.)
6 MR. BISHOP: (Votes yea.)
7 MR. D. BROWN: (Votes yea.)
8 MR. JOOST: (Votes yea.)
9 MR. REDMAN: (Votes yea.)
10 (Committee ballot closed.)
11 MS. LAHMEUR: Six yeas, zero nay.
12 THE CHAIRMAN: By your action, you have
13 approved item 37, 2010-623.
14 Item 38 will be deferred tonight. It's
15 still in Planning Commission. We do have a
16 public hearing scheduled. The public hearing is
17 open. I have one speaker's card, Mr. Hoff,
18 Henry Hoff.
19 Mr. Hoff, did you want to address the
20 committee on this item? We're not taking it up
21 tonight. It's still in Planning Commission. It
22 will be deferred, but we still have a public
23 hearing.
24 MR. HOFF: Okay. No.
25 THE CHAIRMAN: Okay. Anyone else care to
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1 address the committee?
2 AUDIENCE MEMBERS: (No response.)
3 THE CHAIRMAN: All right. Seeing no one,
4 the public hearing is continued until September
5 21st and the bill is deferred.
6 Ms. Tropia, how are you holding up?
7 (Discussion held off the record.)
8 THE CHAIRMAN: All right. Out of respect
9 to our court reporter -- I'm sorry, folks, but
10 we're going to have to take a quick five-minute
11 recess so that she can, again, regain the
12 feeling in her fingertips.
13 So we'll stand adjourned for five minutes.
14 (Brief recess.)
15 THE CHAIRMAN: We're going to reconvene the
16 Land Use and Zoning Committee meeting. It's
17 about 9:12.
18 Let's see if I can remember where we were.
19 Item 39. Do we have anybody here on
20 item 39? Yes, we do.
21 Okay. Mr. Crofts.
22 MR. CROFTS: Item 39, ordinance 2010-626,
23 is a proposed land use amendment to the future
24 land use map series of our comprehensive plan
25 seeking to modify 17.70 acres located at Cedar
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2 Planning District. This is in Council District
3 11.
4 The request is to modify the land use from
5 rural residential to low density residential to
6 provide for the ultimate development of a
7 residential development in a manner consistent
8 with the density and the provisions in the
9 overall area.
10 Staff recommended -- recommends approval of
11 this particular development because of the
12 common threads of consistency, compatibility,
13 and the acceptable levels of impact and on
14 infrastructure and the surrounding environment.
15 Staff recommends approval.
16 THE CHAIRMAN: Okay. Thank you,
17 Mr. Crofts.
18 We have a public hearing scheduled this
19 evening. I have one speaker's card. The public
20 hearing is open.
21 Dan Boswell.
22 (Mr. Boswell approaches the podium.)
23 THE CHAIRMAN: Mr. Boswell.
24 MR. BOSWELL: Yes. Dan Boswell, 4014 Ranie
25 Road,
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1 Is this something that I can -- can we
2 pause on this for just a few moments, take up
3 the next bill? I need to -- I've got an unusual
4 situation. I need to call --
5 THE CHAIRMAN: The next bill, item 40, we
6 actually have that scheduled for a deferral
7 tonight.
8 Are you on item 39 on page 12, the south
9 side of
10 MR. BOSWELL: That's the same -- that's the
11 same -- I'm trying to --
12 MR. HOLT: (Inaudible.)
13 THE CHAIRMAN: Oh, I'm sorry. So what you
14 want to do is just take -- you want us to table
15 this for the moment?
16 MR. BOSWELL: If you can take the next one,
17 I can come right back.
18 THE CHAIRMAN: Sure.
19 Do I need a motion to table --
20 MR. REINGOLD: (Shakes head.)
21 THE CHAIRMAN: -- or can I just table --
22 All right. We're just going to table
23 this. And when you come back, just sit in the
24 front row, flail your arms, and I will bring you
25 back up.
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1 MR. BOSWELL: Thank you.
2 THE CHAIRMAN: All right. So we're going
3 to temporarily pass over that.
4 Item 40. Nobody is here on item 40, so
5 we'll come back to that.
6 Item 41. I have a speaker's card.
7 Mr. Crofts. Item 41, 20100-627.
8 MR. CROFTS: Item 41, ordinance 2010-627,
9 is a proposed land use amendment to the future
10 land use map series to the 2030 Comprehensive
11 Plan seeking to modify 33.27 acres of land
12 located at
13 corner of
14 The property is located in the Northwest
15 Planning District. It is in Council
16 District 8. The request is from the LDR, low
17 density residential land use classification, to
18 the neighborhood commercial land use
19 classification.
20 Staff has reviewed this item and found it
21 consistent and compatible and acceptable in
22 terms of its impacts and recommends approval.
23 THE CHAIRMAN: Thank you, Mr. Crofts.
24 We have a public hearing scheduled this
25 evening. The public hearing is open. I have
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1 one speaker's card, Paul Harden.
2 (Mr. Harden approaches the podium.)
3 MR. HARDEN: Paul Harden, 501
4 Avenue.
5 I'm here for questions only.
6 THE CHAIRMAN: Thank you, Mr. Harden.
7 Any questions for Mr. Harden?
8 COMMITTEE MEMBERS: (No response.)
9 THE CHAIRMAN: All right. Seeing none,
10 anyone else care to address the committee?
11 AUDIENCE MEMBERS: (No response.)
12 THE CHAIRMAN: All right. Seeing nobody,
13 the public hearing is closed.
14 MR. JOOST: Move the bill.
15 MR. HOLT: Second.
16 THE CHAIRMAN: Motion on the bill by
17 Mr. Joost, second by Mr. Holt.
18 Discussion?
19 COMMITTEE MEMBERS: (No response.)
20 THE CHAIRMAN: Seeing none, open the
21 ballot, vote.
22 (Committee ballot opened.)
23 MR. CRESCIMBENI: (Votes yea.)
24 MR. HOLT: (Votes yea.)
25 MR. BISHOP: (Votes yea.)
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1 MR. D. BROWN: (Votes yea.)
2 MR. JOOST: (Votes yea.)
3 MR. REDMAN: (Votes yea.)
4 (Committee ballot closed.)
5 MS. LAHMEUR: Six yeas, zero nay.
6 THE CHAIRMAN: By your action, you have
7 approved item 41, 2010-627.
8 Turning to page 13, item 42, we have a
9 request to defer this this evening by the
10 district councilperson.
11 We do have a public hearing scheduled. The
12 public hearing is open. I have one speaker's
13 card, Mr. Harden.
14 Mr. Harden.
15 MR. HARDEN: I'll defer until the public
16 hearing.
17 Are you going to defer it just one cycle?
18 THE CHAIRMAN: I'm going to -- yes, sir.
19 I'm going to continue the public hearing till
20 September 21st.
21 MR. HARDEN: Thank you, sir.
22 THE CHAIRMAN: All right. And if you will
23 get with the district councilperson and -- we'll
24 be happy to take it up, but -- if she doesn't
25 request any further deferrals.
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1 Any other questions from the committee?
2 COMMITTEE MEMBERS: (No response.)
3 THE CHAIRMAN: All right. Anyone else care
4 to address the committee?
5 AUDIENCE MEMBERS: (No response.)
6 THE CHAIRMAN: Seeing no one, the public
7 hearing is continued until September 21st and
8 the bill is deferred.
9 Item 43, 2010-629. I have several speaker
10 cards on this. We'll take it up.
11 Mr. Crofts.
12 MR. CROFTS: First of all, I draw your
13 attention to two handouts that I have provided
14 to you. One is labeled Supplemental Information
15 Pertaining to Ordinance 2010-629 and -630, which
16 basically reflects a time frame that involves
17 this particular piece -- pieces of property
18 along the south side of
19 we're moving forward with a -- a land use
20 amendment and a companion rezoning.
21 Also draw your attention, for a visual
22 perspective, of a map that shows where this
23 property is located, which is along the south
24 side of
25 Street.
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1 As you can see from the handout, this
2 property has experienced a unique history of
3 alternative zoning designations and future land
4 use designations dating back to consolidation.
5 Prior to consolidation and in the early
6 years after consolidation, up to the late 1980s,
7 this property was designated industrial, then in
8 1986, the property, through -- was changed to a
9 low density residential classification. This
10 was done through a North District district plan,
11 as we called it at that time, and -- which was
12 engaging a variety of individuals. It was a
13 very deliberate planning process that had
14 extensive public involvement, hearings, and
15 ultimately that particular document was adopted
16 by resolution by the City Council.
17 That particular low density residential
18 designation continued through -- it was actually
19 embraced and encapsulated in the City's 2010
20 Comprehensive Plan when it was adopted in 1990.
21 Later, after that, the property was
22 actually zoned, at that time, RLD-G, to be
23 consistent with the previous land use
24 designation. That actually -- rezoning took
25 place in 1991.
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1 Then later, because of an adjacent
2 property, was split zoned. And the planning
3 director, at that time, in her capacity,
4 modified the property in question by an
5 administrative memorandum that basically
6 converted this property back to industrial.
7 When this action became apparent just
8 recent- -- well, actually, not recently, but
9 within the last two years, there was an outrage,
10 there was an outburst of concern reflected by
11 the adjacent property owners in the neighborhood
12 around this property to the north, which is a
13 residential area located on a local street, and
14 legislation was introduced to downzone this
15 particular land use and this particular
16 property. That is the product of this
17 legislation.
18 Staff recommends approval and feels that
19 this buffer along the south side of
20 Road is important, it's critical and essential,
21 it's consistent with the comprehensive plan, and
22 is necessary to protect the neighborhoods -- the
23 residential neighborhoods to the north along
24 this local road, which is
25 Thank you. And staff recommends approval.
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1 THE CHAIRMAN: Thank you, Mr. Crofts.
2 We have a public hearing scheduled this
3 evening. The public hearing is open. I have
4 several speakers' cards, beginning with
5 Slott.
6 (Audience member approaches the podium.)
7 AUDIENCE MEMBER: Mr. Chairman and members
8 of the committee, my name is
9 address is
10 I represent the owners of this property,
11 who are objecting to the City's application to
12 downzone the property from its current light
13 industrial to residential.
14 This is, frankly, an impermissible reverse
15 spot zoning. This property is notched within IL
16 zoning. The entirety -- well, not all IL, but
17 some of the
18 this property from the south is IL; in other
19 words, this property is between IL zoning and
20 the road. It is totally incompatible and it --
21 unsuitable for residential use.
22 The result of what the City is doing is to
23 create, by zoning fiat, a buffer. We will not
24 be able to develop this residentially, so we
25 will be in that posture of not being able to do
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1 anything with the property, not for anything
2 that the owners have done, but what the City of
3
4 This property --
5 long road. This property, as you see on the
6 map, is located at the west -- virtually at the
7 western terminus of
8 have commercial and industrial activity. There
9 is -- long after this property and its history
10 was industrial, there were residential
11 developments that developed north of
12 Road. If you look at how they're configured on
13 your map, you will see that they're -- although
14 they're not gated communities, they do have --
15 they don't front on the road. You drive into
16 those roads.
17 It is part of the land planning state
18 statute, this: "It is the intent of the
19 legislature that all governmental entities in
20 this state recognize and respect
21 judicially-acknowledged or
22 constitutionally-protected private property
23 rights.
24 "It is the intent of the legislature that
25 all rules, ordinances, regulations, and programs
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1 adopted under the authority of this act must be
2 developed, promulgated, implemented, and applied
3 with sensitivity for private property rights and
4 not be unduly restrictive, and property owners
5 must be free from actions of others which would
6 harm their property.
7 "Full and just compensation or other
8 appropriate relief must be provided to any
9 property owner for a governmental action that is
10 determined to be an invalid exercise of the
11 police power which constitutes a taking as
12 provided by law."
13 That's what we have here and that's what we
14 will seek, if we have to -- we really don't want
15 to -- in court.
16 THE CHAIRMAN: Thank you, Mr. Slott.
17 Any questions from the committee?
18 COMMITTEE MEMBERS: (No response.)
19 THE CHAIRMAN: Our next speaker is Barbara
20 Broward, followed by John Peavy.
21 (Audience member approaches the podium.)
22 AUDIENCE MEMBER: My name is Barbara
23 Broward. I live at
24 This has been a residential community since
25 before the
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1 In 1968, the industrial -- the airport had
2 been sold to an industrial park and the conc- --
3 people were concerned about commercialism coming
4 onto
5 established and held by Mayor Hans Tanzler in
6 1968. Everyone was present. And what they
7 decided was
8 residential road. All commercial traffic
9 involving that industrial property was to remain
10 within the industrial park, all roads going
11 inland into the industrial park, staying off of
12 our residential road.
13 In 1986, the Bostwicks, who owned some
14 property on the river side of the road, tried to
15 rezone a 42-acre site, jumping the road,
16 bringing commercialism into our community. This
17 was a public meeting and this attempt to put
18 this into commercial business was denied.
19 Also at that time, our councilman,
20 Joe Forshee, had a 200-foot buffer zone, as
21 buffer zones are put in place all over
22
23 residence. A 200-foot buffer zone was then put
24
in place running the full length of
25 Road.
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1 Now, all of that buffer zone has been
2 developed and -- to either homes or retention
3 ponds, which would also constitute as a buffer,
4 except for the piece of property which is now
5 being discussed.
6 Last year, we found a warehouse was being
7 built in our residential community. We had no
8 knowledge that this was taking place and had
9 been rezoned. We had no idea that such a thing
10 could even happen because it happened
11 administratively, no public notice was put
12 forth. That one piece of property was sold to a
13 warehouse. The warehouse was built, and now we
14 have 18-wheelers coming up and down our
15 residential dead-end road, which is in violation
16 of the 1968 covenant that the City entered
17 into.
18 Returning this property to residents allows
19 our homes to be protected from further invasion
20 of commercialism and it keeps our residential
21 road exactly that, residential. And I approve
22 and hope that you support this.
23 Thank you.
24 THE CHAIRMAN: Thank you, Ms. Broward.
25 Any questions from the committee?
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1 COMMITTEE MEMBERS: (No response.)
2 THE CHAIRMAN: All right. Thank you,
3 ma'am.
4 John Peavy.
5 (Audience member approaches the podium.)
6 AUDIENCE MEMBER: John Peavy, 1755 Cedar
8
9 It's the dead-end road, goes nowhere except to
10 some beautiful homes. These homes have been
11 built there over the -- since preWorld War II.
12 In the '80s, development started of
13 upper-scale homes because there's waterfront
14 area in there. Those homes built in that
15 neighborhood since the -- '86, are in the
16 300,000 -- of course in today's market, that may
17 be nothing, you know, but they were -- they're
18 25-, 2,800 square feet [sic] homes, some of them
19 4- and 5,000 square feet homes.
20 The property that is under question here
21 was residential when this all started.
22 Administratively, it was changed to commercial
23 and came to our attention when this warehouse
24 popped up in the neighborhood. We're not saying
25 to the property owner that he cannot sell that
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1 property, he just has to sell that as a
2 residential property, which he sold some
3 property out there years ago as residential
4 property.
5 We just want to keep our residential
6 neighborhood, we want to keep it quiet. And
7 we're enjoying it, and it's a little piece of
8 heaven for all of us. And we'd appreciate your
9 support on this bill.
10 Thank you.
11 THE CHAIRMAN: Thank you, Mr. Peavy.
12 Any questions from the committee?
13 COMMITTEE MEMBERS: (No response.)
14 THE CHAIRMAN: I think that completes the
15 speakers' cards.
16 Anyone else care to address the committee?
17 AUDIENCE MEMBERS: (No response.)
18 THE CHAIRMAN: All right. Seeing no one,
19 the public hearing is closed.
20 MR. JOOST: Move the bill.
21 MR. REDMAN: Second.
22 THE CHAIRMAN: Motion on the bill by
23 Mr. Joost, second by Mr. Redman.
24 Discussion?
25 COMMITTEE MEMBERS: (No response.)
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1 THE CHAIRMAN: If not, open the ballot,
2 vote.
3 (Committee ballot opened.)
4 MR. CRESCIMBENI: (Votes yea.)
5 MR. HOLT: (Votes yea.)
6 MR. BISHOP: (Votes yea.)
7 MR. D. BROWN: (Votes yea.)
8 MR. JOOST: (Votes yea.)
9 MR. REDMAN: (Votes yea.)
10 (Committee ballot closed.)
11 MS. LAHMEUR: Six yeas, zero nay.
12 THE CHAIRMAN: By our action, you have
13 approved item 43, 2010-629.
14 The companion rezoning, item 44, 2010-630.
15 Mr. Kelly.
16 MR. KELLY: Thank you.
17 To the Chair and committee members,
18 ordinance 2010-630 is the companion rezoning
19 going from industrial light to RLD-60.
20 In conjunction with all of the statements
21 made under the land use change request and the
22 supplemental information that had been handed
23 out, the department, to be consistent with the
24 underlying land use, is approving the proposed
25 rezoning to residential in conjunction with that
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1 request.
2 THE CHAIRMAN: Thank you, Mr. Kelly.
3 This is a quasi-judicial matter. Anybody
4 have any ex-parte communication to disclose?
5 COMMITTEE MEMBERS: (No response.)
6 THE CHAIRMAN: All right. Seeing none, we
7 also have a public hearing scheduled this
8 evening.
9 The public hearing is open. I have three
10 speakers' cards;
11 and John Peavy.
12 Mr. Slott, do you want to address the
13 committee?
14 (Mr. Slott approaches the podium.)
15 MR. SLOTT: This property -- there are
16 certainly some beautiful homes on
17 Road. They are way down the road, toward the
18 river, from this property. This property is
19 very close to
20 expensive homes that have been described. Any
21 traffic that would serve as the light industrial
22 uses here would never get down that far.
23 This property is also in an industrial
24 sanctuary based on an overlay. And pursuant to
25 that ordinance, the street itself,
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1 Road, is the buffer. So what you're doing is
2 you are taking my client's property and creating
3 a buffer of residential right next to the IL
4 zoning. It is jam up. There's no buffer
5 between our client's property and IL property, a
6 very unfair situation.
7 THE CHAIRMAN: Thank you, Mr. Slott.
8 Any questions from the committee?
9 COMMITTEE MEMBERS: (No response.)
10 THE CHAIRMAN: All right. Ms. Broward.
11 (Ms. Broward approaches the podium.)
12 MS. BROWARD: I'm Barbara Broward. I live
13 at -- excuse me -- I live at 717 Cedar Bay
14 Road.
15 In addition to what I already had said
16 previously, to say that we have no homes is
17 obviously a mistake on the representing attorney
18 because within 200 feet across the street there
19 is
20 expensive homes. Not way down, but just across
21 the street there is a community, a planned unit
22 development called
23 in excess of 2,400 -- yeah, 2,400 square feet.
24 These are expensive homes, they're nice in area,
25 in a planned unit development, and it is
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1 directly across the street from this.
2 In addition, the piece of property that was
3 administratively changed on
4 directly across the street from me. So to say
5 that there are no homes and that there are -- no
6 one being directly affected is wrong because it
7 is one mile down our road, and we have
8 18-wheelers affecting us today.
9 So to say that -- to allow further
10 commercialism in a road that was zoned
11 residential, for residential use only in 1968 is
12 not only a wrong thing to have happened to our
13 community, but it is also wrong for someone to
14 get up and say that we are not affected because
15 all of us are directly affected, not only trying
16 to get in and out, but we are directly affected
17 because of what has happened to the value of our
18 land.
19 Thank you.
20 And, oh, yes, I support this zoning.
21 THE CHAIRMAN: Thank you, Ms. Broward.
22 Any questions from the committee?
23 COMMITTEE MEMBERS: (No response.)
24 THE CHAIRMAN: All right. Mr. Peavy.
25 (Mr. Peavy approaches the podium.)
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1 MR. PEAVY: The property in question, the
2 only way you can get to it is off of
3 Road. The industrial park is on the back side
4
or around -- you have to go out to
5 go up
6 Webb Corporation. So, you know, to tie this as
7 a commercial piece of property to Webb would
8 require them to get together and then we'd end
9 up with a big industrial park sitting in our
10 backyard.
11 This property can be sold residential.
12 It's a quiet street, as long as we don't have
13 semis coming down it. And by passing this, we
14 hope that won't happen.
15 We thank you.
16 THE CHAIRMAN: Thank you, Mr. Peavy.
17 Any questions from the committee?
18 COMMITTEE MEMBERS: (No response.)
19 THE CHAIRMAN: All right. Anyone else care
20 to address the committee on this matter?
21 AUDIENCE MEMBERS: (No response.)
22 THE CHAIRMAN: All right. Seeing no one,
23 the public hearing is closed.
24 MR. JOOST: Move the bill.
25 THE CHAIRMAN: Motion on the bill by
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1 Mr. Joost --
2 MR. HOLT: Second.
3 THE CHAIRMAN: -- second by Mr. Holt.
4 Any discussion?
5 MR. HOLT: Yes.
6 THE CHAIRMAN: Mr. Holt.
7 MR. HOLT: Thank you, Mr. Chair.
8 I just wanted to kind of summarize, mainly
9 for Mr. Brown because he hasn't been here for
10 the last year.
11 We've gone through this process twice
12 already and it's gone to transmittal and now
13 come back.
14 And thank you, Mr. Crofts, for putting out
15 this (indicating). This was a very good history
16 of what has happened with this property.
17 And I just want to emphasize, back in '01,
18 when Ms. Fewell administratively changed this
19 for a coffee company that was going to be
20 locating there, nothing went through public
21 hearings. It didn't go through these
22 processes. We have these processes for a
23 reason, so that people can come down here and
24 speak their peace. And nothing would prevent
25 the property owner from coming back and
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1 submitting an application to change this to
2 whatever they want to and go through those
3 normal processes.
4 So I would ask for your support of this,
5 this bill. And later down the road we're going
6 to have another bill that will address traffic
7 issues, and that is something that I have been
8 working on with Webb International in order to
9 make sure that their land is protected.
10 Thank you.
11 THE CHAIRMAN: Thank you, Mr. Holt.
12 We have a motion and a second. Any further
13 discussion?
14 COMMITTEE MEMBERS: (No response.)
15 THE CHAIRMAN: All right. If not, open the
16 ballot, 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.
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1 THE CHAIRMAN: By our action, you have
2 approved item 44, 2010-630.
3 Mr. Boswell, do you want to flail your arms
4 for me?
5 MR. BOSWELL: (Complies.)
6 THE CHAIRMAN: All right. Come back up.
7 (Mr. Boswell approaches the podium.)
8 MR. BOSWELL: I'm drowning.
9 THE CHAIRMAN: Okay. This is -- we're
10 going to go back to item 39, I believe. That's
11 on page 12, 2010-625.
12 Mr. Crofts, you gave your report. We were
13 in the public hearing portion.
14 Mr. Boswell, I don't believe you spoke, but
15 you're welcome to speak now.
16 MR. BOSWELL: Yes. On the -- addressing
17 the land use, this is, as it says, 17.7 acres
18 located directly in front of another PUD that's
19 going to join up with us. It's a residential
20 PUD in a residential PUD neighborhood, so that's
21 what I'm asking that you approve.
22 On the -- when we move on to the zoning
23 portion, I have some conditions that I think we
24 can work with.
25 THE CHAIRMAN: Okay. Any questions for
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1 Mr. Boswell?
2 COMMITTEE MEMBERS: (No response.)
3 THE CHAIRMAN: All right. Seeing none,
4 anyone else care to address the committee?
5 AUDIENCE MEMBERS: (No response.)
6 THE CHAIRMAN: All right. The public
7 hearing is closed.
8 MR. HOLT: Move the bill.
9 MR. JOOST: Second.
10 THE CHAIRMAN: Motion on the bill by
11 Mr. Holt, second by Mr. Joost.
12 Discussion?
13 COMMITTEE MEMBERS: (No response.)
14 THE CHAIRMAN: Seeing none, open the
15 ballot, vote.
16 (Committee ballot opened.)
17 MR. CRESCIMBENI: (Votes yea.)
18 MR. HOLT: (Votes yea.)
19 MR. BISHOP: (Votes yea.)
20 MR. D. BROWN: (Votes yea.)
21 MR. JOOST: (Votes yea.)
22 MR. REDMAN: (Votes yea.)
23 (Committee ballot closed.)
24 MS. LAHMEUR: Six yeas, zero nay.
25 THE CHAIRMAN: By our action, you have
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1 approved item 39, 2010-625.
2 Item 40, 2010-626.
3 Mr. Kelly.
4 MR. REINGOLD: I'm sorry, I kind of talked
5 to Councilmember Holt. He had mentioned -- the
6 council member had mentioned at the committee
7 meeting -- or the agenda meeting that he might
8 want to defer this, but I wasn't sure what the
9 posture was for the committee at this moment.
10 THE CHAIRMAN: Mr. Holt.
11 MR. HOLT: I'll wait until after
12 Mr. Kelly --
13 THE CHAIRMAN: Okay. Mr. Kelly.
14 MR. KELLY: Thank you.
15 To the Chair and committee, ordinance
16 2010-626 is the companion rezoning to the
17 proposed land use request to allow for the
18 zoning to go from rural residential one-acre to
19 planned unit development to provide for a
20 single-family subdivision of approximately
21 77 units with a cul-de-sac circulation system
22 that is internally compatible with the
23 development that surrounds it.
24 The department is supporting this request
25 subject to the five conditions in the memorandum
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1 dated August 22nd -- or 26th to Council
2 President Webb. The conditions are as follows:
3 "The development shall be subject to the
4 original legal description dated June 3rd,
5 2010."
6 "The development shall be subject to the
7 original written description dated June 3rd,
8 2010."
9 "The development shall be subject to the
10 original site plan dated June 3rd, 2010."
11 Condition 4, "The development shall be
12 subject to the review and approval of the
13 Development Services Division memorandum dated
14 July 26th, 2010, or as otherwise approved by the
15 Planning and Development Department."
16 Condition 5, "The areas designated as Park
17 located on each side of the main entrance road
18 from
19 plan shall not be considered towards the
20 required recreation area for the development
21 and, accordingly, such areas shall not be
22 calculated for purposes of meeting the total
23 required recreation area on the subject
24 property."
25 THE CHAIRMAN: Thank you, Mr. Kelly.
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1 We have a -- I'm sorry. This is a
2 quasi-judicial matter. Does anyone have any
3 quasi-judicial -- I mean, any ex-parte
4 communication to disclose?
5 COMMITTEE MEMBERS: (No response.)
6 THE CHAIRMAN: All right. Seeing none,
7 I'll --
8 MR. BOSWELL: Can I add to those
9 conditions?
10 THE CHAIRMAN: We're going to get to you in
11 just a second.
12 MR. BOSWELL: Okay.
13 THE CHAIRMAN: No ex-parte.
14 Okay. We have a public hearing scheduled.
15 The public hearing is open.
16 Mr. Boswell, I don't have a speaker card
17 for you. I'm going to send this one back
18 (indicating). You may want to amend it because
19 it was slated to be deferred. So if you'll just
20 amend that, but --
21 MR. BOSWELL: Okay.
22 THE CHAIRMAN: -- we are in the public
23 hearing, so --
24 MR. BOSWELL: Sure.
25 Dan Boswell,
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1
2 owner/developer on this PUD, land use and -- and
3 rezoning PUD applications.
4 As I said, it's a 17.7-acre site located
5 directly in front of a 40-acre site that's
6 already been approved as a PUD previously.
7 And I agree with the conditions and -- that
8 was set forth by the Planning Department.
9 There's a couple additional items that we
10 probably need to put in there also, but -- that
11 I'd like to enter.
12 THE CHAIRMAN: Okay. Thank you,
13 Mr. Boswell.
14 Mr. Holt.
15 MR. HOLT: Thank you.
16 Through the Chair to Mr. Boswell, were you
17 able to -- well, there were -- there were
18 several conditions that I wanted to have
19 Mr. Boswell check and see if his client would
20 approve of, and that was a requirement for
21 exterior products to be brick, stone, or stucco,
22 masonry products.
23 Did he approve of that?
24 MR. BOSWELL: I wasn't able to get in touch
25 with him, but he had previously approved that.
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1 MR. HOLT: Okay. So you didn't speak with
2 him to get approval on minimum square footage?
3 MR. BOSWELL: Well, the minimum square
4 footage is -- I was going to ask you that we go
5 with an average square foot -- square footage of
6 the structures.
7 MR. HOLT: Okay. Well, if you weren't able
8 to speak with the client, then I'm still not
9 comfortable moving forward with it. So if you
10 weren't able to get approval, I would like to
11 defer, Mr. Chair.
12 THE CHAIRMAN: Okay. We will -- I'm sorry,
13 what bill are we on?
14 MR. HOLT: -626.
15 THE CHAIRMAN: -626. Okay. I flipped my
16 agenda over. I'm sorry.
17 -626. We will -- the district council
18 member is requesting a deferral.
19 We're in public hearing. Is there anyone
20 else that cares to address the committee?
21 AUDIENCE MEMBERS: (No response.)
22 THE CHAIRMAN: All right. Seeing no one,
23 the public hearing is continued until September
24 21st, and the bill will be deferred, no further
25 action tonight.
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1 Mr. Holt.
2 MR. HOLT: Thank you, sir.
3 THE CHAIRMAN: Thank you.
4 All right. Let's see, I was over on
5 page 13, looking at item 45. That is going to
6 be deferred, so we can take that off the list,
7 and that completes that page.
8 My next speaker cards take us to item 48 on
9 page 14, 2010-658. I have several speaker
10 cards, so we will go with -- Mr. Reingold, did
11 you have a comment that you wanted to make on
12 this before we opened the public hearing?
13 MR. REINGOLD: To the Chair, absolutely.
14 I guess there's just a -- kind of a
15 proposed amendment that I discussed with
16 Mr. Killingsworth and Mr. Holt, and both of them
17 were comfortable with it. And, therefore, I
18 will present the amendment and then we can open
19 the public hearing.
20 It doesn't do a lot, substantively,
21 changing it, but I think it just puts it in a
22 better -- it's framed better now, and
23 essentially it will prohibit -- it essentially
24 will say that, "New development
along
25 Road, a residential, dead-end street, shall not
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1 generate industrial traffic." It's just sort of
2 a better way to phrase what was written in the
3 first text amendment proposal.
4 THE CHAIRMAN: Okay. Thank you,
5 Mr. Reingold.
6 We have a public hearing scheduled. The
7 public hearing is open. I have the following
8
speaker cards:
9 John Peavy, Andre Ferreira.
10 So, Mr. Slott, would you begin?
11 (Mr. Slott approaches the podium.)
12 MR. SLOTT: This was unanimously rejected
13 by the Planning Commission. They recognized
14 that this was very difficult to enforce. You're
15 dealing with an ordinance, it's trying to
16 micromanage vehicular traffic on -- at one
17 particular street.
18 Traffic is driven by land usage. If the
19 zoning is residential, you're not going to have
20 18-wheelers traveling down through residential
21 sections. It doesn't do anything for them.
22 On the other hand, there is some commercial
23 activity on this street. There is an IL use
24 there. There is a sewer system way down at --
25 toward the end of the -- need to be serviced and
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1 so forth, and you will have an enforcement
2 nightmare.
3 I would dare say you'd have to put up
4 signage that you'd have to literally stop and
5 get out of the truck to read all of the
6 restrictions of how a truck -- under what
7 circumstances a truck or a commercial vehicle
8 could go down this particular street.
9 This is not a good precedent to undertake
10 when you are trying to micromanage this type of
11 vehicular traffic on specific streets in
12
13 Now, it's one thing if the construction of
14 the street is such that it won't hold a
15 particular weight vehicle. We're all familiar
16 with that. But to do otherwise, as is proposed
17 in this bill, is not a good precedent at all.
18 And I, on behalf of my clients, would ask you to
19 vote against this.
20 Thank you.
21 THE CHAIRMAN: Thank you, Mr. Slott.
22 Any questions from the committee?
23 COMMITTEE MEMBERS: (No response.)
24 THE CHAIRMAN: Our next speaker is Barbara
25 Broward.
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1 (Ms. Broward approaches the podium.)
2 MS. BROWARD: My name is Barbara Broward,
4 This particular ordinance addresses what
5 was originally given to us in 1968, which made
6 and declared
7 The reason for this is when the airport was
8 sold, it was sold to industry. As I stated, the
9 residents were very concerned about commercial
10 traffic coming onto the road because there was a
11 sewer plant that was built directly after this
12 piece of the property was sold.
13 This particular ordinance that -- this --
14 this particular piece of legislature [sic] that
15 took place -- it was a resolution in 1968 --
16 addresses the fact that
17 maintained always a residential road, with all
18 roads going from commercialism into the
19 industrial park. Since it was designated a
20 residential road, it was my understanding that
21 that road could only handle a certain type of
22 traffic. It has been maintained residential
23 only until recently when the piece of property
24 was sold, administratively rezoned, and we now
25 have heavy traffic coming up and down a piece of
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1 road. And I will tell you, our road is already
2 beginning to become damaged. I don't know what
3 weight limit there may be there, but we already
4 have problems because of this.
5 So this particular piece of legislature
6 [sic], this ordinance will address and uphold
7 what was originally taken place, entered into
8 with the City of
9 Tanzler resided [sic] over that meeting, that
10 public meeting in 1968, and I hope that you will
11 continue to uphold our residential property.
12 Thank you.
13 THE CHAIRMAN: Thank you, Ms. Broward.
14 Any questions from the committee?
15 COMMITTEE MEMBERS: (No response.)
16 THE CHAIRMAN: All right. Mr. Peavy,
17 you're next.
18 (Mr. Peavy approaches the podium.)
19 MR. PEAVY: John Peavy, 1755
20 I know we're all getting tired and
21 sometimes it's difficult to understand what's
22 going on.
23 The commercial traffic is -- when Webb park
24 was built, no roads were to enter or exit from
25 the industrial park from
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1 other words, no commercial traffic on
2 Road.
3 Yes, we do have a City-maintained treatment
4 plant at the end of
5 Occasionally, we have a couple of pickup trucks,
6 flat beds and stuff like that that go back in
7 there, but no consistent heavy traffic, but it
8 is already telling on the road.
9 Presently, they're replacing part of the
10 force main that runs along that road because of
11 increased demand on the road. So we'd love to
12 have it a residential road and keep it that way
13 as it was given to us back in '68.
14 Thank you.
15 THE CHAIRMAN: Thank you, Mr. Peavy.
16 Any questions from the committee?
17 COMMITTEE MEMBERS: (No response.)
18 THE CHAIRMAN: And our final speaker is
19 Andre Ferreira.
20 (Audience member approaches the podium.)
21 THE CHAIRMAN: Am I pronouncing your name
22 correctly, sir?
23 AUDIENCE MEMBER: Yes. Thank you.
24 My name is Andre Ferreira, 10861 Peaceful
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1 I am a resident in the
2 community, directly across from the property of
3 Mr. Val Bostwick.
4 It amazes me how many decisions can be made
5 affecting the neighborhoods of
6 people who have never stepped foot in these
7 communities.
8 I'm a native and retired educator of 34
9 years in the
10 We built in the
11 ago and what I thought was to be a
12 noncontroversial area but was disillusioned to
13 think that this was the case.
14 During the last meeting here that I
15 attended, I heard a lawyer make a surreal
16 statement that
17 considered an industrial community because of
18 the already existing bar and trailer
19 businesses. These businesses are, in fact, on
20 the corner lots facing
21 Street addresses as displayed in your local
22 phone books and website pages, not facing Cedar
24 As you turn going eastward on
25 Road, you will first come to a waterfront
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1 community of
2 north side of the road. Our community was
3 officially incorporated September 23rd, 1994,
4 having established covenants and deed
5 restrictions. One of the deed restrictions
6 requires the size of the home being constructed
7 to be at least 2,450 square feet in size. There
8 are presently 26 homes with nine half-acre
9 vacant lots in the
11 dead end into
12
13 Going back now, as you travel further
14 eastward down
15 the huge residential developmental project on
16 the north side of the street. From what I
17 gather, it can be slated -- it has been slated
18 and allowed to have up to approximately
19 200 units to be constructed.
20 This, with the already existing homes on
21
22 impact on traffic in our community.
23 Just about every day I witness a huge
24 18-wheeler truck going down to where one
25 business -- that was allowed to be built on the
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1 south side of
2 With all the established residential sites
3 on
4 reasonably vote to include or maintain
5 industrial traffic in an area that will soon
6 provide a school bus route or a possible
7 magnitude of children?
8 In closing, I urge you to maintain Cedar
10 than the industrial one.
11 Thank you.
12 THE CHAIRMAN: Thank you, sir.
13 Any questions for Mr. Ferreira?
14 COMMITTEE MEMBERS: (No response.)
15 THE CHAIRMAN: All right. That's the last
16 speaker card.
17 Anybody else care to address the
18 committee?
19 AUDIENCE MEMBERS: (No response.)
20 THE CHAIRMAN: All right. Seeing no one,
21 the public hearing is closed.
22 MR. JOOST: Move the bill.
23 THE CHAIRMAN: Motion on the bill by
24 Mr. Joost -- I'm sorry, we've got the amendment,
25 right?
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1 MR. REINGOLD: Yes.
2 The question for the committee is, would
3 you like the amended version or would you like
4 the original version that was included as part
5 of the text?
6 MR. JOOST: Move the amendment.
7 THE CHAIRMAN: Do we have an amended
8 version?
9 MR. REINGOLD: What I read to the committee
10 at the beginning was sort of just amended text
11 language.
12 The original language was that, "Access for
13 heavy trucks shall be prohibited on
14 Road, a dead-end, local road, that primarily
15 serves residential uses." The amendment
16 essentially would be that the exhibit be changed
17 to read that, "New development along
18 Road, a residential, dead-end street, shall not
19 generate industrial traffic."
20 THE CHAIRMAN: Motion on the amendment --
21 MR. JOOST: Yes.
22 MR. BISHOP: Second.
23 THE CHAIRMAN: -- by Mr. Joost, second by
24 Mr. Bishop.
25 Any discussion?
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1 COMMITTEE MEMBERS: (No response.)
2 THE CHAIRMAN: All those in favor say yes.
3 Oh, you have discussion. I'm sorry.
4 Mr. Joost.
5 MR. JOOST: I guess on the amendment, the
6 language is a little better because my concern
7 was -- if I'm not mistaken -- do 18-wheelers
8 currently deliver to the warehouse that was
9 developed?
10 MR. HOLT: Yes.
11 MR. JOOST: So if we went with the original
12 language, I mean, basically, wouldn't that
13 constitute a taking because you'd be shutting
14 down the warehouse essentially, they couldn't
15 have deliveries?
16 MR. REINGOLD: I think that's one of the
17 issues. Another one is simply, as Mr. Slott
18 stated, it's harder to focus on regulating the
19 road. It's much easier for us, under the comp
20 plan, to regulate the properties next to the
21 road, and that's what this language does.
22 MR. JOOST: So we're much safer just saying
23 further development shall not generate
24 industrial traffic?
25 MR. REINGOLD: And that's exactly what this
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1 does.
2 MR. JOOST: Okay. Thank you.
3 THE CHAIRMAN: Okay. Thank you, Mr. Joost.
4 Mr. Brown.
5 MR. D. BROWN: I think it's understandable
6 that these folks would want to put some
7 restrictions on their road, and I -- I think
8 we're kind of half baked in a way because I --
9 we don't have any transportation folks to tell
10 us what the alternatives are. I mean, are we --
11 there's bound to be an occasional truck or
12 something. I don't know how you actually
13 enforce it, and I'd love to hear either from
14 the -- Public Works or somebody who would tell
15 us how you -- what kind of signage you'd put up
16 and what the alternate is to reach a destination
17 they may need to get to.
18 I feel like we aren't well-equipped on this
19 in terms of information. I'm a little concerned
20 about supporting what we have here, but I -- you
21 know, a deferral might be useful.
22 THE CHAIRMAN: Thank you, Mr. Brown.
23 I have -- did you want to ask a question of
24 anybody? Are you okay with Mr. Holt responding
25 to that?
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1 MR. D. BROWN: Well, I just -- it looked
2 like that's information we don't have available
3 or -- or do we -- do we have the involvement of
4 either the Transportation Authority, Public
5 Works Department, or whoever would maintain that
6 road or govern that road as -- how do we handle
7 that?
8 MR. CROFTS: Well, I mean, it's not within
9 the purview of the Planning and Development
10 Department. That's all I can tell you, so -- so
11 we don't have expertise to -- you know, to
12 provide you guidance in that area.
13 I will tell you, just as an editorial and
14 an additional comment, that if we defer this
15 bill, it is, in effect -- kill the legislation
16 from moving forward because it is in the
17 adoption of a semiannual land use amendment, a
18 text amendment to the comp plan.
19 THE CHAIRMAN: Thank you, Mr. Crofts.
20 Anything else, Mr. Brown?
21 MR. D. BROWN: No.
22 THE CHAIRMAN: Mr. Reingold, you can take a
23 stab at it.
24 MR. REINGOLD: To Councilmember Brown, I
25 definitely hear what you're saying in terms of
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1 Public Works input and the like, and I think
2 that's where we were going with the amendment,
3 was instead of saying we can't have industrial
4 trucks on this road and, therefore, Public
5 Works, is this a road that adequately can handle
6 industrial traffic? It actually changes the
7 focus more on the types of land uses that would
8 be on the properties next to the road.
9 So instead -- if you've got a piece of
10 property next to the -- abutting this road, you
11 can't generate industrial-type traffic that
12 exits onto the road, instead of saying
13 industrial traffic, you can't go down the road.
14 Therefore, it's easier to enforce from our
15 perspective and sort of gets away from the
16 aspect of focusing on the road.
17 THE CHAIRMAN: Thank you, Mr. Reingold.
18 Mr. Brown.
19 MR. REINGOLD: Sorry. As Mr. Kelly said,
20 for new development.
21 THE CHAIRMAN: Mr. Brown.
22 MR. D. BROWN: (Inaudible.)
23 THE CHAIRMAN: Anything else, Mr. Brown?
24 Anything else?
25 MR. D. BROWN: (No response.)
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1 THE CHAIRMAN: Anything else? You're
2 done?
3 MR. D. BROWN: No. Thank you.
4 THE CHAIRMAN: Okay. Mr. Redman.
5 MR. REDMAN: Thank you, Mr. Chairman.
6 I understand the community's desire to keep
7 these 18-wheelers off of the road. That is a
8 real problem. I know in my district I have a
9 road with a sign up with a picture of an
10 18-wheeler, that it can't go down there, and I
11 see them go down there, many of them, every
12 day.
13 So, you know, I have a problem with
14 ordinances that we pass that we cannot enforce,
15 and so that's, you know -- and evidently there
16 was legislation to this years ago. So, you
17 know, as it stands, it's against the law for
18 the -- you know, the way I understand it, it was
19 an ordinance previous, right? So it's -- should
20 be against the law now, so we'd just be
21 duplicating an ordinance that's already been
22 passed.
23 But it's something that cannot be enforced,
24 and we have a lot of ordinances like that now,
25 that all you do is teach people that it's all
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1 right to break the law when we pass ordinances
2 that you can't enforce.
3 Thank you.
4 THE CHAIRMAN: Thank you, Mr. Redman.
5 Mr. Reingold, I want to be clear now. The
6 amendment doesn't prohibit the traffic going
7 down the street; it prohibits development that
8 would encourage or generate the traffic, right?
9 MR. REINGOLD: That is correct, sir.
10 THE CHAIRMAN: I just want to make sure.
11 All right. Mr. Holt and then Mr. Joost.
12 MR. HOLT: Thank you, Mr. Chair.
13 And to speak to Mr. Redman's concern and
14 Mr. Brown's concern, nothing that we are passing
15 here will create a situation where we have to
16 enforce traffic laws. We won't need to involve
17 JSO. We won't need to even worry about what the
18 traffic is that's coming down there from current
19 properties.
20 All this does is, it says from now on any
21 new development that we are voting on for
22 rezonings, land use issues, we will remember
23 that on
24 approve anything that's going to create heavy
25 traffic. So we are not -- we're not creating a
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1 law here that forces us to check on the traffic
2 coming down the road and cite someone coming
3 down the road in a truck. That's not what we're
4 going to be enforcing. What we will be doing
5 here is to set a new standard for the road that
6 any future rezonings have to comply with this.
7 THE CHAIRMAN: Thank you, Mr. Joost.
8 Obviously, if somebody sells their house
9 and needs to move, it's going to allow a moving
10 van to come down the truck [sic] and load up the
11 furniture and make a return visit back out to
12 wherever it needs to go to deliver the furniture
13 to their home. It's just going to prevent
14 somebody from doing something that's going to
15 generate specific truck traffic to the site.
16 Mr. Joost.
17 MR. JOOST: Thank you, Mr. Chairman.
18 When we did the zoning -- I mean, the whole
19 thing is a mess because the maps changed and
20 then they changed it administratively and then
21 the folks find out there's a warehouse. So
22 there were a lot of mistakes made over the
23 years, if you will.
24 I think, by changing the zoning, we fix the
25 problem because there's not going to be any
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1 reason for a truck to go down that road if it's
2 all residential.
3 Now, I guess the question I have in my
4 mind, if for some unforeseen reason in the
5 future the gentleman is able to sell the
6 property to a residential development and there
7 are construction trucks going down the road,
8 have we violated the law at that time?
9 Because he's created a purpose, even though
10 it's temporary in nature, where you could have
11 dump trucks or whatever coming in, you know, to
12 get the pads ready. Sometimes we -- you know,
13 we want the houses a little elevated and
14 whatnot, delivery trucks, lumber trucks. I just
15 feel like we're overstepping our bounds.
16 MR. HOLT: (Inaudible.)
17 MR. JOOST: You know, I don't know.
18 I mean, by fixing the zoning, there's not
19 going to be any need for an industrial truck to
20 go down the road anyway. And, like Mr. Redman
21 said, the law is already on the books, so, I
22 mean, we're just duplicating something we can't
23 enforce anyway, so I don't think I can support
24 it.
25 Thank you.
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1 THE CHAIRMAN: Mr. Holt.
2 MR. HOLT: I will say that this is also
3 something -- this isn't just to address the
4 properties that we just rezoned. This is for
5 the rest of the property down the road, and it's
6 something that I have worked with Mr. Webb --
7 Dan Webb on to address an issue that he had, and
8 that is that he doesn't -- he did not want truck
9 traffic coming down
10 property on some of the -- the properties down
11 the road. So we're addressing concerns of the
12 industrial user down the road that -- he does
13 not want property [sic] coming off of
14 Road, causing complaints for his properties.
15 So it's more than just these three
16 properties that we're talking about. We're
17 talking about the future of
18 traffic and what future properties will create.
19 And I'm fine to put in something that would
20 say "daily" heavy truck traffic so that it would
21 give somebody -- give us a comfort level that
22 we're not preventing someone from having a
23 construction truck come to deliver concrete or a
24 moving truck or something like that, and I would
25 propose that as an amendment if it would make
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1 Mr. Joost more comfortable.
2 THE CHAIRMAN: Mr. Holt is offering an
3 amendment to the amendment.
4 Is there a second?
5 COMMITTEE MEMBERS: (No response.)
6 THE CHAIRMAN: Mr. Holt, I'm sorry, but
7 your amendment to the amendment dies for the
8 lack of a second.
9 All right. We're on the original
10 amendment.
11 MR. JOOST: (Inaudible.)
12 THE CHAIRMAN: Sure. Mr. Holt [sic].
13 MR. JOOST: I guess -- is this a City road,
14 a State road, or --
15 THE CHAIRMAN: City.
16 MR. JOOST: So it's under our -- we're able
17 to regulate it? We don't have to go to FDOT or
18 ask anybody's permission?
19 MR. KELLY: (Shakes head.)
20 MR. JOOST: I guess to the Planning
21 Department or legal, have we ever done a
22 precedent like this before?
23 MR. REINGOLD: I think the item after this
24 actually is another example of where we're
25 regulating a road. In fact, it's actually at
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1 the request of the citizens on that street.
2 That's another example. I'm not aware of any
3 others off the top of my head.
4 MR. KELLY: I'm not aware of any time the
5 City before had basically regulated the public
6 right-of-way and what vehicles could or could
7 not go in the public right-of-way.
8 MR. REINGOLD: And I think -- I'm sort of
9 overhearing Mr. Killingsworth --
10 MR. JOOST: I'm just saying what kind of
11 vehicles can go on a particular road, have we
12 ever done that, is -- I guess is a better, more
13 specific question.
14 MR. KELLY: Like a little bridge or
15 something that you see on a local road where it
16 can't handle -- if it's a five-ton bridge or a
17 ten-ton bridge and there's certain restrictions,
18 I'm sure that's the case through the traffic
19 engineer's office that they just, you know,
20 prohibit through a sign. I don't know if they
21 physically, because it's a public right-of-way,
22 would --
23 MR. JOOST: So other than -- in danger of a
24 bridge collapsing for the public's safety, are
25 you aware of any regulations that specify what
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1 kind of traffic can use a road?
2 And it -- you know, all it says is the
3 tonnage limit. It still doesn't say an
4 18-wheeler can't go over that particular
5 bridge. It just can't weigh a certain amount.
6 MR. KILLINGSWORTH: Can I answer?
7 THE CHAIRMAN: Mr. Killingsworth, if you
8 want to come to the podium --
9 (Mr. Killingsworth approaches the podium.)
10 MR. KILLINGSWORTH: This amendment does not
11 regulate the road --
12 THE CHAIRMAN: You know what I'm going to
13 ask you --
14 MR. KILLINGSWORTH: Excuse me.
15 Bill Killingsworth, director of Planning
16 and Development, City of
17 This amendment does not regulate the road.
18 What it does is regulate new development along
19 the road. So the way it's enforced -- we don't
20 enforce the road. What we enforce is -- if a
21 development -- if an application comes through
22 that requests an industrial land use or zoning,
23 the department would be in a position, we'd be
24 forced to recommend denial. Council would be in
25 a position, that if they recommended approval,
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1 they would be violating the comp plan and it
2 would be subject to a challenge.
3 So that's the --
4 MR. JOOST: Well, let me ask you this
5 because basically all -- what's happened is over
6 time each piece down the road has been
7 downgraded, if you will, to residential to
8 create the buffer for the residents. I mean,
9 with ten votes you can overturn anything, can't
10 you?
11 MR. KILLINGSWORTH: Well, yes.
12 All this really does is it makes it more
13 difficult. What would have to happen first
14 would be, to be consistent, is council would
15 have to remove the policy from the comp plan.
16 That is about a nine-month process because this
17 would -- it would be a semiannual amendment. So
18 it makes the task more difficult. It doesn't
19 make it impossible, but it makes it more
20 difficult.
21 MR. JOOST: Okay. Thank you.
22 THE CHAIRMAN: Thank you, Mr. Joost.
23 It's late, so maybe the committee members
24 will allow me to do a little debating from the
25 chair, but I really see this as a -- as just
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1 kind of a reinforcement of the zoning. It's not
2 going to preclude the existing truck traffic
3 from going to the industrial site. That's going
4 to continue. It's just going to regulate the
5 future uses of the undeveloped properties that
6 are contiguous to the street, and I -- I mean, I
7 just don't -- I think it's a reinforcement of
8 what we've already done. It just codifies it in
9 a different place in the comp plan, so --
10 Mr. Bishop.
11 MR. BISHOP: I think Mr. Killingsworth and
12 yourself have covered what I was going to say.
13 Thank you.
14 THE CHAIRMAN: Sorry about that,
15 Mr. Bishop.
16 Mr. Brown.
17 MR. D. BROWN: Thank you, Mr. Chairman.
18 I move that we defer this until we gather a
19 little more information. This seems like a
20 precedent that a lot of folks would jump on all
21 parts of town, and -- and we have everything --
22 we've got the folks that regulate land use, but
23 we don't have anybody to give us a little input
24 from the transportation angle, but my -- my
25 motion is to defer it, not to vote against it,
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1 but to defer until we have more information.
2 THE CHAIRMAN: We have an amendment on the
3 floor to amend the bill. You're offering a
4 substitute amendment. Is there a second to
5 Mr. Brown's --
6 MR. REDMAN: Second.
7 THE CHAIRMAN: Second by Mr. Redman on the
8 substitute amendment to defer.
9 Any discussion?
10 MR. CROFTS: Mr. Chairman.
11 THE CHAIRMAN: Yes.
12 MR. CROFTS: If you defer this legislation,
13 which is a semiannual amendment, you either
14 adopt or deny or you amend the bill. If you
15 defer it, you're essentially killing the
16 legislation and will have to start over --
17 THE CHAIRMAN: Thank you, Mr. Crofts.
18 You said that earlier, but, I mean,
19 procedure is procedure. There's a motion and a
20 second, so I have to recognize that.
21 All right. Discussion on the motion to
22 defer?
23 COMMITTEE MEMBERS: (No response.)
24 THE CHAIRMAN: Okay. If there's no
25 discussion, all those in favor say yes.
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1 COMMITTEE MEMBERS: Yes.
2 THE CHAIRMAN: Opposed say no.
3 COMMITTEE MEMBERS: No.
4 THE CHAIRMAN: Show of hands, please.
5 In favor say yes.
6 MR. D. BROWN: (Indicating.)
7 MR. REDMAN: (Indicating.)
8 THE CHAIRMAN: Opposed say no.
9 (Indicating.)
10 MR. JOOST: (Indicating.)
11 MR. HOLT: (Indicating.)
12 MR. BISHOP: (Indicating.)
13 THE CHAIRMAN: Okay. The motion fails.
14 We are on the original motion, and I can't
15 remember who made that, but that was to add the
16 extra language in that Mr. Reingold suggested.
17 Any further discussion on the original
18 amendment?
19 COMMITTEE MEMBERS: (No response.)
20 THE CHAIRMAN: All those in favor say yes.
21 COMMITTEE MEMBERS: Yes.
22 THE CHAIRMAN: Opposed say no.
23 COMMITTEE MEMBERS: (No response.)
24 THE CHAIRMAN: By our action, you've
25 adopted the amendment.
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1 MR. BISHOP: Move the bill as amended.
2 MR. HOLT: Second.
3 THE CHAIRMAN: On the bill as amended,
4 motion by Mr. Bishop, I believe, second by
5 Mr. Holt.
6 Any further discussion on the bill as
7 amended?
8 COMMITTEE MEMBERS: (No response.)
9 THE CHAIRMAN: If not, open the ballot,
10 vote.
11 (Committee ballot opened.)
12 MR. CRESCIMBENI: (Votes yea.)
13 MR. HOLT: (Votes yea.)
14 MR. BISHOP: (Votes yea.)
15 MR. D. BROWN: (Votes nay.)
16 MR. JOOST: (Votes yea.)
17 MR. REDMAN: (Votes yea.)
18 (Committee ballot closed.)
19 MS. LAHMEUR: Five yeas, one nay.
20 THE CHAIRMAN: By your action, you have
21 approved item 48, 2010-658, as amended.
22 Item 49, I have one speaker's card.
23 Mr. Crofts.
24 MR. CROFTS: Mr. Chairman, members of the
25 committee, ordinance 2010-659 is a proposed text
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1 amendment to the transportation element of the
2 2030 Comprehensive Plan that ensures that local
3 roads that are primarily residential in nature
4 but connect to two other roadways that are
5 classified as a minor arterial or higher on the
6 functional highway classification map, which is
7 a part of the comprehensive plan -- I have a
8 copy here of all the road networks in the city,
9 but essentially it covers that -- all those
10 roads that are in the city, including the local
11 minor arterials and above.
12 But anyway, this prevents any -- physically
13 widening of these particular local roads or
14 their parking areas unless a majority of the
15 property owners along the local road request
16 such a change to the City.
17 The first street identified for this change
18 is River Oaks Road, which was a by-product of
19 our negotiations with the development known as
20 Jackson Square, which was previously approved by
21 this council several months ago.
22 In our opinion, this is a safeguard. This
23 is a Planning Department recommendation, text
24 amendment. It is a safeguard to further protect
25 the integrity of our neighborhoods, and staff
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1 recommends approval.
2 THE CHAIRMAN: Thank you, Mr. Crofts.
3 We have a public hearing scheduled this
4 evening. I have one speaker's card, Alison
5 Abernathy.
6 I'm guessing that must be you?
7 AUDIENCE MEMBER: (Nods head.)
8 THE CHAIRMAN: Would you like to come down
9 and speak to the committee?
10 MS. ABERNATHY: Just for questions.
11 THE CHAIRMAN: You've been here all night.
12 Come on down.
13 MS. ABERNATHY: Do I get a prize?
14 THE CHAIRMAN: No.
15 MS. ABERNATHY: I'll answer questions if
16 you have any.
17 THE CHAIRMAN: You sat in that seat all
18 night. You don't care to address the
19 committee?
20 MS. ABERNATHY: No. If you have
21 questions --
22 THE CHAIRMAN: All right. Seeing no one
23 else in the audience, that public hearing is
24 closed.
25 MR. JOOST: Move the bill.
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1 MR. BISHOP: Second.
2 THE CHAIRMAN: Motion on the bill by
3 Mr. Joost, second by Mr. Bishop.
4 Discussion?
5 COMMITTEE MEMBERS: (No response.)
6 THE CHAIRMAN: If not, open the ballot.
7 I'm sorry. Mr. Bishop, I didn't see you.
8 MR. BISHOP: All I wanted to say is whoever
9 came up with this ought to get a metal.
10 THE CHAIRMAN: A metal. Okay.
11 MR. CROFTS: Appreciate it.
12 THE CHAIRMAN: Are we still open?
13 MS. LAHMEUR: Yes.
14 THE CHAIRMAN: All right. Vote, please.
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've
25 approved item 49, 2010-659.
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1 The remaining items on that page, item 46,
2 2010-656, is deferred; item 47, 2010-657, is
3 deferred; and the item at the bottom of the
4 page, 2010-670, is deferred at the request of
5 the district councilperson.
6 On page 15, all items are second and
7 rereferred.
8 And that takes us back to the last two,
9 page 9, item 29. It's the last one on the page,
10 2010-595. I have a public hearing scheduled
11 this evening. We'll take no action on the
12 bill.
13 The public hearing is open. Seeing no one
14 in the audience, the public hearing is continued
15 until September 21st, and that bill is
16 deferred.
17 And then item 30 at the top page 10, the
18 same thing. We have a public hearing scheduled.
19 The public hearing is open. Seeing no one
20 in the audience, no speakers' cards, the public
21 hearing is continued to September 21st, and
22 there's no other action. That bill is deferred.
23 And I think -- Mr. Reingold, did we get
24 everything?
25 MR. REINGOLD: Yes, sir.
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1 THE CHAIRMAN: Okay. Well, Mr. Brown, we
2 had an hour meeting last time. You weren't
3 here. Tonight it's been five hours and twenty
4 minutes. I'm not saying anything more than
5 that, but --
6 MR. D. BROWN: (Inaudible.)
7 THE CHAIRMAN: You can change that, right?
8 MR. D. BROWN: We're way up past
9 Mr. Redman's bedtime.
10 THE CHAIRMAN: I appreciate everybody
11 sticking it out for the evening.
12 Anything else to come before the
13 committee?
14 COMMITTEE MEMBERS: (No response.)
15 STAFF MEMBERS: (No response.)
16 THE CHAIRMAN: Thank you all for attending
17 and for being diligent.
18 And, Ms. Tropia, thank you, staff, and
19 we'll see you in two weeks.
20 This meeting is adjourned.
21 (The above proceedings were adjourned at
22 10:18 p.m.)
23 - - -
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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 12th day of September, 2010.
11
12
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14 Diane M. Tropia
15
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Diane M.
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