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
</