1 CITY OF
2 LAND USE AND ZONING
3 COMMITTEE
4
5
6 Proceedings held on Tuesday, August 3,
7 2010, commencing at 5:00 p.m., City Hall, Council
8 Chambers, 1st Floor,
9 Diane M. Tropia, a Notary Public in and for the State
10 of
11
12 PRESENT:
13 JOHN CRESCIMBENI, Chair.
RAY HOLT, Vice Chair.
14 WILLIAM BISHOP, Committee Member.
DON REDMAN, Committee Member.
15
16 ALSO PRESENT:
17 JOHN CROFTS, Deputy Director, Planning Dept.
SEAN KELLY, Chief, Current Planning.
18 FOLKS HUXFORD, Zoning Administrator.
DYLAN REINGOLD, Office of General Counsel.
19 KRISTEN REED, Planning and Development Dept.
GARY KRESEL, Planning and Development Dept.
20 STEVE SMITH, Planning and Development Dept.
MERRIANE LAHMEUR, Legislative Assistant.
21 SHARONDA DAVIS, Legislative Assistant.
22 - - -
23
24
25
Diane M.
Tropia, Inc.,
2
1 P R O C E E D I N G S
2 August 3, 2010 5:00 p.m.
3 - - -
4 THE CHAIRMAN: Good afternoon.
5 We're going to go ahead and begin the Land
6 Use and Zoning meeting of Tuesday, August 3rd.
7 In attendance today, myself, Councilman
8 John Crescimbeni, as Chair. We have
9 Councilman/Vice Chair Ray Holt with us,
10 Councilman Bill Bishop, and Councilman Don
11 Redman. Council Members Joost and Brown are
12 both excused.
13 We're one member short on the committee
14 because of a resignation, so we're at a bare
15 quorum. So if anybody needs a break or
16 anything, if you'll give me the signal, we'll
17 recess the meeting temporarily so that you can
18 take care of whatever you need to and then
19 hopefully we can resume.
20 Also with us on the panel here are -- from
21 the Planning Department, John Crofts,
22 Sean Kelly. Folks Huxford is here somewhere.
23 He's out in the audience, but he'll be taking
24 his seat.
25 Is Ken Avery going to be with us tonight?
Diane M.
Tropia, Inc.,
3
1 MR. KELLY: He's out.
2 THE CHAIRMAN: He's out. Okay.
3 And from the Office of General Counsel,
4 Dylan Reingold. In the back here we have, from
5 the Planning Department, Gary Kresel, Kristen
6 Reed, and Steve Smith.
7 Mr. Reingold, if you'd like to read the LUZ
8 statement into the record, please.
9 MR. REINGOLD: To the Chair, I'd love to
10 get us kicked off.
11 Anyone who would like to address the
12 committee today must fill out a yellow speaker's
13 card in its entirety. The yellow speakers'
14 cards are located on the desk up front, near the
15 podium. Once completed, please return the
16 speaker's card to the basket on the front desk.
17 Any person who lobbies the City for
18 compensation is considered a lobbyist and is
19 therefore required to register their lobbying
20 activity with the City Council secretary. If
21 you are a lobbyist and have not registered with
22 the City Council secretary, you will not be
23 permitted to address the committee tonight.
24 Because a verbatim transcript of this
25 meeting will be prepared by a court reporter, it
Diane M.
Tropia, Inc.,
4
1 is important that you speak clearly into the
2 microphone when you address the committee. It's
3 also important that only one person speak at a
4 time.
5 Any tangible material submitted with a
6 speaker's presentation, such as documents,
7 photographs, plans, drawings, et cetera, shall
8 become a permanent part of the public record and
9 will be retained by this committee.
10 As a courtesy, please switch any cell
11 phones, pagers, or audible devices to a silent
12 mode.
13 Additionally, there will be no public
14 display of support or opposition, so please
15 refrain from applause or speaking out of turn.
16 Items are generally addressed in the order
17 in which they are listed on the agenda. Copies
18 of the agenda are located on the desk up front,
19 near the podium.
20 On occasion, items may be heard out of
21 order for the sake of efficiency or to
22 accommodate scheduling conflicts.
23 Unless there is a formal hearing on a
24 particular item, each member of the public is
25 limited to a single three-minute presentation.
Diane M.
Tropia, Inc.,
5
1 Therefore, presentations should be focused,
2 concise, and address only the item pending
3 before the committee.
4 Prior to addressing the committee, please
5 state your name and address for the court
6 reporter.
7 Decisions on rezonings, including PUDs,
8 waivers of road frontage, sign waivers, and
9 appeals, are all considered quasi-judicial in
10 nature and certain protocols will be followed
11 for these items.
12 First, each committee member must disclose
13 on the record any ex-parte communications they
14 have had with any members of the public prior to
15 the hearing on each applicable item. This
16 includes a brief statement of when the
17 communication took place, who the communication
18 was with, and what the subject matter of the
19 communication was about.
20 Second, the normal format is to allow the
21 applicant or agent thereof to make their
22 presentation first, followed by members of the
23 public who wish to speak in support of the item,
24 then members of the public who are in opposition
25 will be allowed to speak.
Diane M.
Tropia, Inc.,
6
1 After all the public comments have been
2 received, the applicant will have a brief
3 opportunity to wrap up or present a brief
4 rebuttal. The wrap-up or rebuttal shall be
5 limited to the issues brought up by the
6 speakers.
7 In some instances, the Chair may permit a
8 concise surrebuttal or response to the
9 applicant's rebuttal, which will be followed by
10 a brief final response by the applicant.
11 Finally, all quasi-judicial decisions must
12 be based on substantial competent evidence,
13 which means that the committee's decision must
14 be supported by fact-based testimony or expert
15 testimony and not generalized concerns or
16 opinions.
17 THE CHAIRMAN: Thank you, Mr. Reingold.
18 All right. Committee, if you'll turn to
19 page 2 of the agenda. Actually, we're going to
20 start with item 2.
21 Mr. Kelly, would you like to give the
22 Planning Department's report on item 2,
23 2010-262?
24 MR. KELLY: Yes. Thank you, members of the
25 committee.
Diane M.
Tropia, Inc.,
7
1 Ordinance 2010-262 seeks to allow for a
2 rezoning of the subject property in
3 located at
4 PUD.
5 This property dates back to a -- I guess a
6 development from around the 1950s, which is a
7 vacant warehouse building. It was originally
8 constructed to be an electrical contractor's
9 office and storage building which had operated
10 there historically. The subject property had
11 become vacant and was no longer conforming to
12 the
13 This rezoning is an attempt to reoccupy and
14 reuse this vacant structure in
15 applicant is proposing, again, a small
16 electrical contracting company within this
17 development.
18 There is a companion land use amendment
19 that -- we would like to move withdrawal of that
20 application. The department was not supportive
21 of promoting any more industrial intensification
22 from a land use perspective within the
23
24 feel this site specific -- is a good site to
25 be reutilized for infill and redevelopment that
Diane M.
Tropia, Inc.,
8
1 was -- historically was consistently used for.
2 The department is recommending approval
3 subject to the five conditions as indicated in
4 the memorandum dated July 29th, 2010. I can
5 read those conditions into the record.
6 THE CHAIRMAN: (Nods head.)
7 MR. KELLY: Condition 1, "The developer
8 shall be subject to the original legal
9 description dated June 10th, 2010."
10 Condition 2, "The developer shall be
11 subject to the original written description
12 dated June 10th, 2010."
13 Condition 3 reads, "The developer shall be
14 subject to the original site plan dated June
15 10th, 2010."
16 Condition 4 was struck.
17 Condition 5 reads, "The development shall
18 be prohibited from using the Floridan Aquifer
19 for irrigation and shall be required to connect
20 to reuse water when available."
21 Those are the conditions.
22 THE CHAIRMAN: Thank you, Mr. Kelly.
23 What about outside storage, is that going
24 to be permitted?
25 MR. KELLY: The only outdoor storage --
Diane M.
Tropia, Inc.,
9
1 basically all of the use will be contained
2 within the structure itself.
3 The issue came with the types of vehicles,
4 with utilizing a building trades contractor's
5 office within the -- the land use category,
6 within a PUD in this land use, in the LDR -- or
7 MDR category, and the department has stipulated
8 in the written description that the vehicles
9 limited to this use are limited specifically to
10 pickup trucks and vans with ladder racks only
11 and, therefore, would be consistent with the
12 types of vehicles that could be parked within
13 that underlying land use category and consistent
14 with the zoning.
15 THE CHAIRMAN: Thank you, Mr. Kelly.
16 This is a quasi-judicial matter. Does
17 anyone have any ex-parte communication to
18 disclose?
19 COMMITTEE MEMBERS: (No response.)
20 THE CHAIRMAN: Seeing none, we'll open the
21 public hearing.
22 Do we have any speakers' cards?
23 MS. DAVIS: No.
24 THE CHAIRMAN: No speakers' cards.
25 Okay. The public hearing is closed, and --
Diane M.
Tropia, Inc.,
10
1 MR. HOLT: Move the amendment.
2 MR. REDMAN: Second.
3 THE CHAIRMAN: We have a motion on the
4 amendment by Mr. Holt, second by Mr. Redman.
5 Discussion on the amendment?
6 MR. REINGOLD: (Indicating.)
7 THE CHAIRMAN: Mr. Reingold.
8 MR. REINGOLD: Just one issue of -- sort of
9 procedure here. I guess I don't really have an
10 applicant who is here today to state that they
11 agreed to these conditions.
12 Mr. Crofts, did they agree to these
13 conditions at Planning Commission?
14 MR. CROFTS: Yes, they did.
15 THE CHAIRMAN: Mr. Crofts, was that on the
16 record at the Planning Commission?
17 MR. CROFTS: Weakly, but yes, he did -- he
18 did agree to them at the Planning Commission.
19 THE CHAIRMAN: Any idea why the applicant
20 might not be here tonight?
21 MR. CROFTS: It's a surprise to me. We
22 were expecting him to be here.
23 THE CHAIRMAN: Okay. Mr. Reingold, they
24 publish a transcript from the Planning
25 Commission, don't they?
Diane M.
Tropia, Inc.,
11
1 MR. REINGOLD: There is usually a
2 transcript published from Planning Commission,
3 but I'm not sure if I've seen one yet.
4 THE CHAIRMAN: Okay. If you want to review
5 that before Tuesday night and just follow up
6 with me and let me know. And if there's a
7 problem, we can address it and perhaps bring
8 this back.
9 All right. On the amendment, all those in
10 favor say yes.
11 COMMITTEE MEMBERS: Yes.
12 THE CHAIRMAN: Opposed say no.
13 COMMITTEE MEMBERS: (No response.)
14 THE CHAIRMAN: By your action, you've
15 adopted the amendment.
16 MR. HOLT: Move the bill as amended.
17 MR. REDMAN: Second.
18 THE CHAIRMAN: Motion by Mr. Holt on the
19 bill as amended, second by Mr. Redman.
20 Discussion, Mr. Bishop.
21 MR. BISHOP: Thank you, Mr. Chairman.
22 Through the Chair to Mr. Kelly, I'm looking
23 at the site plan here and, I mean, it looks
24 pretty -- standard enough. I did notice on here
25 that the parking in the back doesn't appear to
Diane M.
Tropia, Inc.,
12
1 comply with what I understand to be
2 City standards and/or with respect to the
3 handicapped space, the
4 Code. Is there, I mean, any comment on that?
5 MR. KELLY: That's correct.
6 The traffic memorandum from the Traffic
7 Engineering Division indicated the deficiency in
8 the driveway width and the parking stall
9 dimensions on the site plan.
10 The stall dimensions would have to be
11 typical 9-by-18 parking stalls. There's no
12 parking requirement in the
13 so they would just have to restripe it. It's
14 not a matter of the number of spaces or
15 anything.
16 The driveway width, from our perspective in
17 dealing with historic districts, is the
18 preferred type of driveway. It was --
19 historically had been there. It's historically
20 consistent with the neighborhood.
21 Typically, you find those single-wide
22 driveways in the historic districts. And it's
23 the limited amount of traffic, so you -- you
24 shouldn't have any conflicts between -- it's a
25 private, gated area in the back there.
Diane M.
Tropia, Inc.,
13
1 MR. BISHOP: I didn't have any issue with
2 the driveway. And I agree with you on that,
3 that makes sense. It was just the parking sizes
4 didn't match and did that have any issue on the
5 parking count, which you've answered that.
6 Thank you.
7 THE CHAIRMAN: Thank you, Mr. Bishop.
8 Any other discussion?
9 COMMITTEE MEMBERS: (No response.)
10 THE CHAIRMAN: If not, open the ballot,
11 please.
12 (Committee ballot opened.)
13 MR. CRESCIMBENI: (Votes yea.)
14 MR. HOLT: (Votes yea.)
15 MR. BISHOP: (Votes yea.)
16 MR. REDMAN: (Votes yea.)
17 (Committee ballot closed.)
18 THE CHAIRMAN: Record the vote.
19 MS. LAHMEUR: Four yeas, zero nay.
20 THE CHAIRMAN: By our action, you've
21 approved item 2, 2010-262.
22 So that makes item 1 unnecessary. So is
23 there a motion -- I'm sorry, we do need to have
24 a public hearing on this.
25 The public hearing is open.
Diane M.
Tropia, Inc.,
14
1 Any speaker cards?
2 MS. DAVIS: No.
3 THE CHAIRMAN: Seeing no one, the public
4 hearing is closed.
5 MR. HOLT: Move withdrawal.
6 MR. BISHOP: Second.
7 THE CHAIRMAN: Motion to withdraw by
8 Mr. Holt, second by Mr. Bishop.
9 Discussion?
10 COMMITTEE MEMBERS: (No response.)
11 THE CHAIRMAN: If not, open the ballot.
12 (Committee ballot opened.)
13 MR. CRESCIMBENI: (Votes yea.)
14 MR. HOLT: (Votes yea.)
15 MR. BISHOP: (Votes yea.)
16 MR. REDMAN: (Votes yea.)
17 (Committee ballot closed.)
18 THE CHAIRMAN: Vote.
19 MS. LAHMEUR: Four yeas, zero nay.
20 THE CHAIRMAN: By your action, you have
21 withdrawn item 1, 2010-261.
22 Item 3 at the bottom of the page.
23 Mr. Crofts.
24 MR. CROFTS: If you please, I'd like to
25 take up -- or give my report on items 3 and 4 --
Diane M.
Tropia, Inc.,
15
1 THE CHAIRMAN: All right.
2 MR. CROFTS: -- which are a companion.
3 Items 3 and 4, for the record, are 2010-263
4 and -264. They seek to modify in the future
5 land use map series of the 2030 comp plan land
6 use designations from MDR to LI on 2.54 acres of
7 property located in Council District 9, along
8 the south side of
9 that's between
10 Street, as well as to modify the zoning
11 designation on a similar but slightly larger
12 legal piece of property from PBF-1, RMD-A, and
13 IL to PUD.
14 The action sought -- or the actions sought
15 are, in essence, approvals to substantiate in a
16 more complete and cohesive manner an existing
17 business that's located in the general location
18 of -- or actually on these particular properties
19 known as B & B Exterminating Company.
20 The property is located in the North
21 Riverside Neighborhood Action Plan area. I
22 would point out that a community meeting has
23 been held on this item on May 10th, conducted by
24 the district councilman. Concerns were
25 expressed by the community at this meeting
Diane M.
Tropia, Inc.,
16
1 regarding adequate buffers and the intensity of
2 uses adjacent to the residential uses in the
3 neighborhood.
4 The applicant has worked very closely with
5 the department in response to these concerns,
6 and the department is poised and ready to
7 recommend, along with the Planning Commission,
8 approval of this land use amendment, ordinance
9 2010-263, and ordinance 2010-264, which is the
10 PUD, with the following four conditions:
11 Condition number 1, "The developer shall be
12 subject to the original legal description dated
13 May 17th, 2010."
14 Number 2, "The developer shall be subject
15 to the revised written description dated July
16 27th, 2010."
17 Number 3, "The developer shall be subject
18 to the revised site plan" -- which we dispersed
19 to you this evening -- "dated August 2nd, 2010."
20 And 4th and finally, "The required
21 transportation improvements shall be made in
22 accordance with the Development Services
23 memorandum dated June 15th, 2010, or as
24 otherwise approved by the Planning and
25 Development Department."
Diane M.
Tropia, Inc.,
17
1 Thank you.
2 THE CHAIRMAN: Thank you, Mr. Crofts.
3 We have a public hearing scheduled on this
4 bill. The public hearing is open. I have one
5 speaker's card, Ms. Johnston.
6 (Ms. Johnston approaches the podium.)
7 THE CHAIRMAN: Is this --
8 MS. JOHNSTON: Yes, that's me.
9 THE CHAIRMAN: You signed the card?
10 MS. JOHNSTON: Yes, sir.
11 THE CHAIRMAN: All right. So the public
12 hearing is open. If you'll just state your name
13 and address for the record, and you have three
14 minutes.
15 MS. JOHNSTON: Okay. Are you taking up
16 both items, the land use and the zoning, or do
17 you want me to discuss them separately?
18 THE CHAIRMAN: We can take them both up at
19 the same time.
20 MS. JOHNSTON: Okay. I'm Paige Johnston,
22 applicant.
23 As Mr. Crofts has described, this is an
24 application for a land use and zoning -- changes
25 for an existing property. The reason for the
Diane M.
Tropia, Inc.,
18
1 changes was to bring the property into
2 compliance with the current comprehensive plan
3 and the zoning code.
4 We have submitted the application seeking
5 the light industrial land use category for a
6 portion of the property. Another portion of the
7 property is already currently in light
8 industrial.
9 The PUD is in reference to the whole
10 property. And, as Mr. Crofts said, the purpose
11 of the PUD was to limit intensity of uses and to
12 provide for buffering and fencing that would
13 make it compatible with the surrounding areas.
14 This is consistent with the Neighborhood
15 Action Plan. And, as Mr. Crofts said, we've
16 worked closely with the Planning Department.
17 And we've gone over the landscaping requirements
18 with Mr. Jones, and we believe that it meets his
19 satisfaction.
20 And we have a staff report of approval, and
21 I would rely on their findings of fact, and I
22 would request your support as well.
23 THE CHAIRMAN: Thank you, Ms. Johnston.
24 And you -- for the record, do you agree
25 with the conditions that were read into the
Diane M.
Tropia, Inc.,
19
1 record?
2 MS. JOHNSTON: Yes, we do.
3 THE CHAIRMAN: Okay. Thank you.
4 Any questions from the committee?
5 MR. BISHOP: Yes.
6 THE CHAIRMAN: Mr. Bishop.
7 MR. BISHOP: Thank you, Mr. Chairman.
8 Ms. Johnson, just a quick question.
9 Help me understand something. One of the
10 conditions is a -- following the revised site
11 plan dated 8/2. The site plan that we've got
12 just basically shows a property boundary that's
13 crosshatched out dark?
14 MS. JOHNSTON: Yes.
15 MR. BISHOP: Is there a site plan that's
16 intended for this site?
17 MS. JOHNSTON: Probably not one to the
18 level that you're used to seeing, but just to
19 give you a history, as I said, the -- the
20 property -- a portion of the property is already
21 developed with existing B & B Exterminating
22 buildings on the property.
23 The surrounding properties are being used
24 for outdoor storage and for parking areas. They
25 don't have any development on them. And we
Diane M.
Tropia, Inc.,
20
1 don't have any immediate plans to do anything to
2 those properties.
3 We actually -- in our written description,
4 we attempted to very carefully describe what is
5 on each existing parcel and to limit it to
6 particular uses on those parcels and to give you
7 an idea of any potential uses that would be on
8 the parcels in the future. But because there
9 isn't any immediate plans for development and we
10 needed to come into compliance with the zoning
11 code and the comprehensive plan, we just sought
12 to rely upon the written description to give you
13 a good understanding of what's there and what
14 would be permitted under the PUD. So the staff
15 was agreeable to us just providing a very basic
16 site plan.
17 The revision to the site plan was that
18 there was an area crosshatched as being part of
19 our property, and it actually is part of our
20 property, and that's -- that piece was removed
21 from the site plan.
22 MR. BISHOP: That's the PBF portion?
23 MS. JOHNSTON: Yes, the PBF -- well, a
24 portion.
25 There is actually PBF-1 zoning on a small
Diane M.
Tropia, Inc.,
21
1 portion of the property. We actually did a land
2 swap a couple of years ago with the City for the
4 parcel of property that we owned, and so they
5 gave us a portion of their property, and that's
6 why we do have PBF-1.
7 But there is another parcel that is zoned
8 PBF that is still under the City's ownership,
9 and we would like to try to acquire that in the
10 future, if possible, from the City, but we
11 haven't been able to do that as of now.
12 MR. BISHOP: Okay. Thank you.
13 THE CHAIRMAN: Ms. Johnston, how does the
14 landscaping that you agreed -- or you referenced
15 in your comments that, I guess, were a product
16 of working with the district councilman, how do
17 those -- are those detailed in the written
18 description or --
19 MS. JOHNSTON: Yes, it is. And I'm happy
20 to give you just a brief synopsis.
21 There's one area of the property -- if you
22 look at the site plan, there is a -- there's
24 called
Diane M.
Tropia, Inc.,
22
1 residences on the other side of
2 so -- and those are inhabited.
3 There are some other residential lots in
4 the area. They are not occupied. And then
5 there's some on
6 sure if they are occupied or not.
7 In any event, the main concern was the
8 parcels along -- the residential parcels along
9 Rose Street and Claude Street, that they be
10 buffered from any particular uses that may be
11 considered intense. So what we did is -- the
12 parcel that is between
13 and
14 that parcel to allow for less intense uses than
15 would be allowed on the main parcel. And then,
16 in addition, the buffering that we provided
17 along
18 fence -- a fence that runs along the property
19 boundary. It's a 6-foot fence. What we're
20 going to do is we're going to remove that
21 fence.
22 There's also some underbrush that's been
23 growing on that fence. We're removing all of
24 the underbrush, all of the fencing. We're
25 putting a new fence 10 feet back from the
Diane M.
Tropia, Inc.,
23
1 right-of-way, and that fence is going to be an
2 8-foot fence with 95 percent opacity so that if
3 we store anything on that property, no one can
4 see that.
5 And then within the 10-foot area from the
6 right-of-way, we're also going to put in a
7 planting of -- a combination of trees and
8 shrubbery so that they will also be blocked by
9 the trees and shrubbery.
10 Along -- on the side that's closest to
12 that bounds
13 parallel to
14 fence there and there is basically vegetation
15 that's grown along the fence and there's some
16 trees. And when we talked to Mr. Jones, he said
17 that he would prefer to leave that as it is
18 rather than pull it out and put up another
19 fence, and so we actually changed our written
20 description to put that so that it remains the
21 same.
22 THE CHAIRMAN: Okay. Thank you very much.
23 Anything else from the committee?
24 COMMITTEE MEMBERS: (No response.)
25 THE CHAIRMAN: All right. Thank you,
Diane M.
Tropia, Inc.,
24
1 Ms. Johnston.
2 Anyone else care to address the committee
3 during the public hearing on item 3 or 4,
4 2010-263 or -264?
5 AUDIENCE MEMBERS: (No response.)
6 THE CHAIRMAN: Seeing no one, the public
7 hearing is closed.
8 Back on item 3.
9 MR. HOLT: Move the bill.
10 MR. REDMAN: Second.
11 THE CHAIRMAN: Motion by Mr. Holt, second
12 by Mr. Redman.
13 Discussion?
14 COMMITTEE MEMBERS: (No response.)
15 THE CHAIRMAN: If not, open the ballot.
16 (Committee ballot opened.)
17 MR. CRESCIMBENI: (Votes yea.)
18 MR. HOLT: (Votes yea.)
19 MR. BISHOP: (Votes yea.)
20 MR. REDMAN: (Votes yea.)
21 (Committee ballot closed.)
22 THE CHAIRMAN: Vote.
23 MS. LAHMEUR: Four yeas, zero nay.
24 THE CHAIRMAN: By your action, you have
25 approved item 3, 2010-263.
Diane M.
Tropia, Inc.,
25
1 Item 4.
2 MR. HOLT: Move the amendment.
3 THE CHAIRMAN: Did anybody have any
4 quasi-judicial ex-parte?
5 COMMITTEE MEMBERS: (No response.)
6 THE CHAIRMAN: Okay. Good. I forgot to
7 ask for that.
8 All right. I'm sorry. Motion on the
9 amendment by Mr. Holt.
10 MR. BISHOP: Second.
11 THE CHAIRMAN: Second by Mr. Bishop.
12 Discussion?
13 COMMITTEE MEMBERS: (No response.)
14 THE CHAIRMAN: If not, all those in favor
15 say yes.
16 COMMITTEE MEMBERS: Yes.
17 THE CHAIRMAN: Opposed say no.
18 COMMITTEE MEMBERS: (No response.)
19 THE CHAIRMAN: By your action, you've
20 adopted the amendment.
21 MR. BISHOP: Move the bill as amended.
22 MR. HOLT: Second.
23 THE CHAIRMAN: Motion by Mr. Bishop, second
24 by Mr. Holt on the bill as amended.
25 Any discussion?
Diane M. Tropia,
Inc.,
26
1 COMMITTEE MEMBERS: (No response.)
2 THE CHAIRMAN: If not, open the ballot.
3 (Committee ballot opened.)
4 MR. CRESCIMBENI: (Votes yea.)
5 MR. HOLT: (Votes yea.)
6 MR. BISHOP: (Votes yea.)
7 MR. REDMAN: (Votes yea.)
8 (Committee ballot closed.)
9 THE CHAIRMAN: Vote.
10 MS. LAHMEUR: Four yeas, zero nay.
11 THE CHAIRMAN: By your action, you have
12 approved item 4, 2010-264, as amended.
13 Item 5 is going to be deferred tonight.
14 That brings us to item 6. We have a public
15 hearing scheduled on that bill.
16 The public hearing is open. We have no
17 speaker cards.
18 Does anyone care to address the committee
19 on item 6, 2010-374?
20 AUDIENCE MEMBERS: (No response.)
21 THE CHAIRMAN: Seeing no one, the public
22 hearing is continued until August 17th.
23 Turning to page 4, item 7 is deferred.
24 Item 8, we have a scheduled public hearing
25 this evening. The public hearing is open. No
Diane M.
Tropia, Inc.,
27
1 speakers' cards.
2 Anyone care to address the committee?
3 AUDIENCE MEMBERS: (No response.)
4 THE CHAIRMAN: Seeing no one, the public
5 hearing is continued until August 17th.
6 Item 9. Mr. Crofts.
7 MR. CROFTS: Item 9, ordinance 2010-476
8 seeks to amend the future land use map series of
9 the 2030 Comprehensive Plan for 1.28 acres of
10 land, located at the northeast quadrant of
12 from BP, business park, to CGC,
13 community/general commercial.
14 This vacant piece of property is somewhat
15 strategically located in proximity to the
16
17 recently-opened State Road 9A, if you will.
18 Even though this is not reflected on our maps
19 that are attached to your report, due to -- or
20 when our reports were written, the DCA
21 compliance had not been -- had been determined
22 at this time, but there has been similar
23 rezonings to property to the south and to the
24 west of this to the community/general commercial
25 category.
Diane M.
Tropia, Inc.,
28
1 In view of our compatibility standards, the
2 existing infrastructure available, and staff
3 consistency determination with several
4 provisions of the comprehensive plan concerning
5 viability, the emergence of this area, the
6 character of this area, staff recommends
7 approval of this land use amendment.
8 THE CHAIRMAN: Thank you, Mr. Crofts.
9 We have a public hearing scheduled on this
10 for this evening. The public hearing is open.
11 I have one speaker's card from Paul Harden.
12 (Mr. Harden approaches the podium.)
13 THE CHAIRMAN: Your speaker's card? Your
14 signature?
15 MR. HARDEN: Yeah.
16 THE CHAIRMAN: Thank you.
17 MR. HARDEN: Two times.
18 THE CHAIRMAN: Thank you.
19 MR. HARDEN: The -- I'm going to address
20 both of them, if I might.
21 THE CHAIRMAN: Okay.
22 MR. HARDEN: This is, as Mr. Crofts
23 indicated, a small scale land use map
24 amendment. There were two semiannual amendments
25 on adjoining properties. And simply because
Diane M.
Tropia, Inc.,
29
1 this was divided by a road that the City put in,
2 it was done as a separate application and
3 rezoning.
4 Both of those previous parcels were -- one
5 was 32 acres, one 25 acres -- have been through
6 the planning process, unanimously approved by
7 the council, and approved by the Department of
8 Community Affairs, and this is a final
9 outparcel, for lack of a better word, adjoining
10 those parcels, which is in the immediate
11 vicinity of
12 THE CHAIRMAN: Thank you, sir.
13 Any questions from the committee?
14 COMMITTEE MEMBERS: (No response.)
15 THE CHAIRMAN: Seeing none, anyone else
16 care to address -- Mr. Reingold.
17 MR. REINGOLD: To the Chair, we've got
18 several companion sort of comp plan amendments
19 with rezonings, and obviously the rezoning parts
20 are quasi-judicial. I didn't know if, at this
21 time, you would want to ask whether there were
22 any quasi-judicial discussions.
23 THE CHAIRMAN: I'm going to open up the
24 public hearing on that separately.
25 Thank you, though.
Diane M.
Tropia, Inc.,
30
1 Seeing no one else, the public hearing is
2 closed and we're in committee.
3 MR. BISHOP: Move the bill.
4 MR. REDMAN: Second.
5 THE CHAIRMAN: Motion by Mr. Bishop, second
6 by Mr. Redman.
7 Discussion?
8 COMMITTEE MEMBERS: (No response.)
9 THE CHAIRMAN: If not, open the ballot.
10 (Committee ballot opened.)
11 MR. CRESCIMBENI: (Votes yea.)
12 MR. HOLT: (Votes yea.)
13 MR. BISHOP: (Votes yea.)
14 MR. REDMAN: (Votes yea.)
15 (Committee ballot closed.)
16 THE CHAIRMAN: Vote.
17 MS. LAHMEUR: Four yeas, zero nay.
18 THE CHAIRMAN: By your action, you approved
19 item 9, 2010-476.
20 Item 10, 2010-477. We have a public
21 hearing. Does anyone have any ex-parte
22 communication to disclose?
23 COMMITTEE MEMBERS: (No response.)
24 THE CHAIRMAN: Seeing none, the public
25 hearing is open.
Diane M.
Tropia, Inc.,
31
1 Mr. Harden, did you want to comment on this
2 or just --
3 MR. HARDEN: No, but let me, in an
4 abundance of caution -- Councilman Redman and I
5 met on the other two items. And while we didn't
6 discuss this one specifically, it was in the
7 same vicinity. I'm sure he'll recognize that at
8 the appropriate time.
9 THE CHAIRMAN: Thank you, sir.
10 Anyone else care to address the committee?
11 AUDIENCE MEMBERS: (No response.)
12 THE CHAIRMAN: Seeing no one, the public
13 hearing is closed.
14 MR. BISHOP: Move the bill.
15 MR. HOLT: Second.
16 THE CHAIRMAN: Motion on the bill by
17 Mr. Bishop, second by Mr. Holt.
18 Discussion?
19 COMMITTEE MEMBERS: (No response.)
20 THE CHAIRMAN: If not, open the ballot.
21 (Committee ballot opened.)
22 MR. CRESCIMBENI: (Votes yea.)
23 MR. HOLT: (Votes yea.)
24 MR. BISHOP: (Votes yea.)
25 MR. REDMAN: (Votes yea.)
Diane M.
Tropia, Inc.,
32
1 (Committee ballot closed.)
2 THE CHAIRMAN: Vote.
3 MS. LAHMEUR: Four yeas, zero nay.
4 THE CHAIRMAN: By your action, you've
5 approved item 10, 2010-477.
6 Mr. Kelly, I'm sorry. I cut you out of
7 your little presentation. If you'll wait after
8 the meeting, you can give it. We may not be
9 here, but --
10 Item 11, 2010- --
11 MR. HARDEN: Can I be excused nonetheless?
12 THE CHAIRMAN: Yes, you may. We all can be
13 excused.
14 Item 11, 2010-478. Mr. Crofts.
15 MR. CROFTS: Yes, sir.
16 Item 11, 2010-478, seeks to amend the
17 future land use map series of the comprehensive
18 plan for a 2.31-acre parcel of land located in
19 the
20 District 12, from LDR, low density residential,
21 to LI, light industrial, to allow for the
22 development of light industrial uses.
23 One of the major impact factors causing
24 this change and others in the immediate area is
25 the relocation and construction of the I-10
Diane M.
Tropia, Inc.,
33
1 interchange at
2 I've said before, in similar requests for
3 intensification of land uses.
4 This property touches IL land to the north
5 and to the east and is across the street from
6 IL, as well as land to the south has been
7 subject to land use amendments to commercial
8 within the last year; thus, in light of the
9 compatibility trend and evolution changes and
10 consistency with the comp plan, staff recommends
11 approval of this request.
12 THE CHAIRMAN: Thank you, Mr. Crofts.
13 We have a public -- we have a public
14 hearing scheduled on this matter. The public
15 hearing is open. I have one speaker's card.
16 It's Robert -- is it Massarelli?
17 AUDIENCE MEMBER: Yes, sir.
18 THE CHAIRMAN: Mr. Massarelli, you signed
19 the card?
20 AUDIENCE MEMBER: Yes, I did.
21 THE CHAIRMAN: All right. You may begin.
22 I need your name and address for the
23 record.
24 AUDIENCE MEMBER: My name is Bob
25 Massarelli,
Diane M.
Tropia, Inc.,
34
1
2 The staff report is complete on this. We
3 agree with the staff report and the
4 recommendation for approval.
5 THE CHAIRMAN: All right. Thank you, sir.
6 Any questions from the committee?
7 COMMITTEE MEMBERS: (No response.)
8 THE CHAIRMAN: All right. Seeing no one --
9 with no other speakers' cards, anyone else care
10 to address the committee?
11 AUDIENCE MEMBERS: (No response.)
12 THE CHAIRMAN: Seeing no one, the public
13 hearing is closed.
14 MR. HOLT: Move -478.
15 MR. BISHOP: Second.
16 THE CHAIRMAN: Motion by Mr. Holt, second
17 by Mr. Bishop on item 11, 2010-478.
18 Any discussion?
19 COMMITTEE MEMBERS: (No response.)
20 THE CHAIRMAN: If not, open the ballot.
21 (Committee ballot opened.)
22 MR. CRESCIMBENI: (Votes yea.)
23 MR. HOLT: (Votes yea.)
24 MR. BISHOP: (Votes yea.)
25 MR. REDMAN: (Votes yea.)
Diane M.
Tropia, Inc.,
35
1 (Committee ballot closed.)
2 THE CHAIRMAN: Vote.
3 MS. LAHMEUR: Four yeas, zero nay.
4 THE CHAIRMAN: By your action, you have
5 approved item 11, 2010-478.
6 Item 12, 2010-479, is a companion rezoning.
7 Mr. Kelly.
8 MR. KELLY: Thank you.
9 Through the Chair to committee members,
10 ordinance 2010-479 is the companion application
11 for rezoning to industrial light in conjunction
12 with the previous land use request.
13 The department, again, has reviewed this
14 for consistency with the comprehensive plan and
15 finds it consistent with the
16 Element objective 1.3, which requires the City
17 to continuously improve coordination between
18 transportation and land use planning efforts in
19 order to optimize the transportation system
20 capacity and promote high-quality site designs.
21 This, again, property is located at the
22 future interchange of I-10 and
23 was a neighborhood action plan that was done for
24 this area back in the '70s, just to kind of
25 caveat on what John was saying earlier.
Diane M.
Tropia, Inc.,
36
1 However, the plan had not been substantially
2 followed for this location. It's no longer
3 relevant for this area, just to indicate -- and
4 the department, while it's inconsistent with the
5 neighborhood action plan, finds it to be
6 consistent with the trend and the interchange,
7 which was never contemplated back when this plan
8 was developed, and so the department is fully in
9 support of this request.
10 THE CHAIRMAN: Thank you, Mr. Kelly.
11 Any questions for Mr. Kelly?
12 COMMITTEE MEMBERS: (No response.)
13 THE CHAIRMAN: All right. Seeing none, we
14 have a -- this is a quasi-judicial matter. Does
15 anyone have any ex-parte communication to
16 disclose?
17 COMMITTEE MEMBERS: (No response.)
18 THE CHAIRMAN: All right. Seeing none, we
19 have a public hearing. The public hearing is
20 open. I have one speaker's card, again,
21 Robert Massarelli.
22 Mr. Massarelli, you signed the card,
23 right?
24 MR. MASSARELLI: Yes, I did.
25 THE CHAIRMAN: All right. And you have
Diane M.
Tropia, Inc.,
37
1 another three minutes if you'd like them or --
2 MR. MASSARELLI: Again, we agree with the
3 staff report. We find it complete. I couldn't
4 add anything to it, so we concur with the
5 recommendation.
6 THE CHAIRMAN: All right. Thank you, sir.
7 Any questions for Mr. Massarelli?
8 COMMITTEE MEMBERS: (No response.)
9 THE CHAIRMAN: Seeing none and no other
10 speakers, the public hearing is closed.
11 MR. BISHOP: Move the bill.
12 MR. HOLT: Second.
13 THE CHAIRMAN: Motion on the bill by
14 Mr. Bishop, second by Mr. Holt.
15 Discussion?
16 COMMITTEE MEMBERS: (No response.)
17 THE CHAIRMAN: If not, open the ballot.
18 (Committee ballot opened.)
19 MR. CRESCIMBENI: (Votes yea.)
20 MR. HOLT: (Votes yea.)
21 MR. BISHOP: (Votes yea.)
22 MR. REDMAN: (Votes yea.)
23 (Committee ballot closed.)
24 THE CHAIRMAN: Vote.
25 MS. LAHMEUR: Four yeas, zero nay.
Diane M.
Tropia, Inc.,
38
1 THE CHAIRMAN: By your action, you have
2 approved item 12, 2010-479.
3 Items 13 and 14 are companions.
4 Item 13, 2010-480. Mr. Crofts, are you --
5 MR. CROFTS: Mr. Chairman, items 13 and 14
6 are going to be open and continued.
7 THE CHAIRMAN: I'm sorry. I'm sorry.
8 The public hearing is open. We have no
9 speakers' cards. The public hearing is
10 continued until September 8th.
11 Top of page 6, item 14, 2010-481. The
12 public hearing is open. No speakers' cards.
13 That item is -- the public hearing is continued
14 until September 8th.
15 Item 15, Mr. Crofts, 2010-482.
16 MR. CROFTS: Mr. Chairman and members of
17 the committee, item 15, ordinance 2010-482,
18 seeks to amend the future land use map series of
19 the 2030 Comprehensive Plan for a
20 nine-tenths-acre piece of property located at
21 3941 and 3951 Baymeadows Road, slightly east of
24 This proposed use is to allow for the
25 expanded use of two office buildings, two uses
Diane M.
Tropia, Inc.,
39
1 of a more general commercial nature, as
2 reflected in the application.
3 The area experiences retail uses to the
4 south, across
5 along
6 five-lane minor arterial serving as a major
7 east-west connector in the southeast planning
8 district.
9 The applicant has stated that he has no
10 intent to modify the building's configuration on
11 the property and staff has recommended approval
12 in view of this blending and integration
13 potential of the proposed use and consistency
14 with the surrounding land uses.
15 Thank you.
16 THE CHAIRMAN: Thank you, Mr. Crofts.
17 Any questions from the committee?
18 COMMITTEE MEMBERS: (No response.)
19 THE CHAIRMAN: All right. Seeing none, we
20 have a public hearing on this bill.
21 The public hearing is open. I have one
22 speaker's card, Charles Mann.
23 MR. MANN: Questions only.
24 THE CHAIRMAN: Questions only.
25 Mr. Mann, you signed the card?
Diane M.
Tropia, Inc.,
40
1 MR. MANN: Yes, I did.
2 THE CHAIRMAN: All right. Thank you.
3 Any questions from the committee?
4 COMMITTEE MEMBERS: (No response.)
5 THE CHAIRMAN: Any other speakers care to
6 address the committee?
7 AUDIENCE MEMBERS: (No response.)
8 THE CHAIRMAN: All right. Seeing none, the
9 public hearing is closed.
10 MR. BISHOP: Move the bill.
11 MR. REDMAN: Second.
12 THE CHAIRMAN: Motion by Mr. Bishop on the
13 bill, second by Mr. Redman.
14 Discussion?
15 COMMITTEE MEMBERS: (No response.)
16 THE CHAIRMAN: If not, open the ballot.
17 (Committee ballot opened.)
18 MR. CRESCIMBENI: (Votes yea.)
19 MR. HOLT: (Votes yea.)
20 MR. BISHOP: (Votes yea.)
21 MR. REDMAN: (Votes yea.)
22 (Committee ballot closed.)
23 THE CHAIRMAN: Vote.
24 MS. LAHMEUR: Four yeas, zero nay.
25 THE CHAIRMAN: By your action, you have
Diane M.
Tropia, Inc.,
41
1 approved item 15, 2010-482.
2 Item 16. Mr. Kelly.
3 MR. KELLY: Thank you.
4 To the Chair and committee members,
5 ordinance 2010-483. This is the companion
6 rezoning application for the subject property
7 that was previously introduced by Mr. Crofts.
8 This is located, again, at 3951 Baymeadows
9 Road, between Goodby's Creek and
10 Boulevard. This seeks to rezone approximately
11 a .91-acre parcel from CRO to CCG-1. And for
12 all the reasons John gave in terms of
13 consistency with the comprehensive plan for the
14 land use amendment, the department supports this
15 conventional rezoning to CCG-1.
16 THE CHAIRMAN: Thank you, Mr. Kelly.
17 Any questions from the committee?
18 COMMITTEE MEMBERS: (No response.)
19 THE CHAIRMAN: All right. Seeing none --
20 this is a quasi-judicial. Does anyone have any
21 ex-parte communication to disclose?
22 COMMITTEE MEMBERS: (No response.)
23 THE CHAIRMAN: All right. Seeing none, we
24 have a public hearing scheduled this evening.
25 The public hearing is open. Again, one
Diane M.
Tropia, Inc.,
42
1 speaker's card, Mr. Mann.
2 Mr. Mann.
3 MR. MANN: Questions only.
4 THE CHAIRMAN: Thank you, sir.
5 Any other speakers?
6 AUDIENCE MEMBERS: (No response.)
7 THE CHAIRMAN: Seeing none, the public
8 hearing is closed.
9 MR. HOLT: Move the bill.
10 MR. BISHOP: Second.
11 THE CHAIRMAN: Motion by Mr. Holt on the
12 bill, second by Mr. Bishop.
13 Discussion?
14 COMMITTEE MEMBERS: (No response.)
15 THE CHAIRMAN: If not, open the ballot.
16 (Committee ballot opened.)
17 MR. CRESCIMBENI: (Votes yea.)
18 MR. HOLT: (Votes yea.)
19 MR. BISHOP: (Votes yea.)
20 MR. REDMAN: (Votes yea.)
21 (Committee ballot closed.)
22 THE CHAIRMAN: Vote.
23 MS. LAHMEUR: Four yeas, zero nay.
24 THE CHAIRMAN: By your action, you have
25 approved item 16, 2010-483.
Diane M.
Tropia, Inc.,
43
1 MR. MANN: Thank you very much.
2 THE CHAIRMAN: Thank you, Mr. Mann.
3 Item 17, we have a scheduled public
4 hearing. The public hearing is open. I have no
5 speakers' cards.
6 Anyone care to address the committee?
7 AUDIENCE MEMBERS: (No response.)
8 THE CHAIRMAN: Seeing no one, the public
9 hearing is continued until September 8th.
10 Top of page 7, item 18, 2010-485. We have
11 a scheduled public hearing this evening. I have
12 no speakers' cards.
13 Does anyone care to address the committee?
14 AUDIENCE MEMBERS: (No response.)
15 THE CHAIRMAN: Seeing no one, that public
16 hearing is continued until September 8th.
17 Item 19, 2010-486. It's scheduled for a
18 public hearing tonight. I have no speaker
19 cards.
20 Anyone care to address the committee?
21 AUDIENCE MEMBERS: (No response.)
22 THE CHAIRMAN: Seeing no one, that public
23 hearing is continued until September 8th.
24 Item 20, 2010-487. It's scheduled for a
25 public hearing this evening. I have no
Diane M.
Tropia, Inc.,
44
1 speakers' cards.
2 Anyone care to address the committee?
3 AUDIENCE MEMBERS: (No response.)
4 THE CHAIRMAN: Seeing no one, that public
5 hearing is continued until September 8th.
6 Item 21, at the bottom of the page,
7 2010-495.
8 Is Ms. Reed still here?
9 MS. REED: Thank you.
10 2010-495 is the subject of the workshop
11 this afternoon. That's an ordinance amending
12 the City's
13 supporting amendments to the infrastructure and
14 Capital Improvement Elements.
15 The department recommends approval of those
16 with the changes that were recommended by the
17 Planning Commission. Those recommendations are
18 included in the cover letter from the Planning
19 Commission.
20 And we'd request, if possible, if those
21 amendments are approved here, that we could
22 incorporate that into a revised exhibit so we
23 will have one complete exhibit of the Future
24 Land Use Element.
25 THE CHAIRMAN: Thank you, Ms. Reed.
Diane M.
Tropia, Inc.,
45
1 Mr. Reingold, how can we do that?
2 MR. REINGOLD: Essentially, your amendment
3 tonight would be the -- adding a revised exhibit
4 to the bill, which would reflect the changes
5 that Ms. Kristen Reed has brought today.
6 THE CHAIRMAN: All right. Thank you, sir.
7 We have a public hearing on item 21,
8 2010-495. The public hearing is open. I have
9 no speakers' cards.
10 Anyone care to address the committee?
11 AUDIENCE MEMBERS: (No response.)
12 THE CHAIRMAN: Seeing no one, the public
13 hearing is closed.
14 MR. HOLT: Move the amendment, including
15 the exhibit.
16 MR. BISHOP: Second.
17 THE CHAIRMAN: Motion on the amendment,
18 including the exhibit or fashioned into a
19 separate exhibit, by Mr. Holt, second by
20 Mr. Bishop.
21 Is there discussion on that?
22 COMMITTEE MEMBERS: (No response.)
23 THE CHAIRMAN: If not, all those in favor
24 of the amendment say yes.
25 COMMITTEE MEMBERS: Yes.
Diane M.
Tropia, Inc.,
46
1 THE CHAIRMAN: Opposed say no.
2 COMMITTEE MEMBERS: (No response.)
3 THE CHAIRMAN: By your action, you have
4 adopted the amendment.
5 MR. HOLT: Move the bill as amended.
6 MR. REDMAN: Second.
7 THE CHAIRMAN: Motion on the bill as
8 amended by Mr. Holt, second by Mr. Redman.
9 Discussion?
10 COMMITTEE MEMBERS: (No response.)
11 THE CHAIRMAN: Ms. Reed, you did very
12 well. No sense of nervousness on the second
13 round.
14 Open the ballot.
15 (Committee ballot opened.)
16 MR. CRESCIMBENI: (Votes yea.)
17 MR. HOLT: (Votes yea.)
18 MR. BISHOP: (Votes yea.)
19 MR. REDMAN: (Votes yea.)
20 (Committee ballot closed.)
21 THE CHAIRMAN: Vote.
22 MS. LAHMEUR: Four yeas, zero nay.
23 THE CHAIRMAN: By your action, you have
24 approved item 2010-495 as amended.
25 On page 8, items 22, 23, 24, and 25 are all
Diane M.
Tropia, Inc.,
47
1 deferred this evening.
2 Turning to page 9, at the top of the page,
3 item 26, 2010-523, a development agreement.
4 Mr. Smith.
5 MR. SMITH: Yes. Mr. Chairman, members of
6 the committee, thank you.
7 This is a -- 2010-523 seeks a concurrency
8 performance-based development agreement for the
9 purpose of reserving traffic circulation
10 capacity.
11 This parcel consists of approximately
12 one-half of an acre. It's called Black Rock
13 Professional Office. It's located at Dana
14 Drive, between
15 Drive. It is -- the proposed development
16 includes approximately 8,000 enclosed square
17 feet of professional office.
18 The duration of the agreement is for five
19 years, and the agreement is subject to a
20 performance schedule and an annual review fee
21 each year that the agreement is in effect.
22 Staff has reviewed this application and
23 does have a recommendation for approval.
24 THE CHAIRMAN: Thank you, Mr. Smith.
25 Any questions from the committee?
Diane M.
Tropia, Inc.,
48
1 COMMITTEE MEMBERS: (No response.)
2 THE CHAIRMAN: All right. This item is
3 scheduled for a public hearing this evening.
4 The public hearing is open.
5 I have one speaker's card, Greg Kupperman.
6 (Mr. Kupperman approaches the podium.)
7 THE CHAIRMAN: Mr. Kupperman, did you sign
8 the card?
9 MR. KUPPERMAN: Yes, sir.
10 THE CHAIRMAN: Thank you.
11 MR. KUPPERMAN: Greg Kupperman, 200 First
12 Street,
13 I'm just avail- -- Mr. Smith has explained
14 everything completely. I'm just really
15 available for any questions.
16 THE CHAIRMAN: Any questions from the
17 committee?
18 COMMITTEE MEMBERS: (No response.)
19 THE CHAIRMAN: All right. Thank you,
20 Mr. Kupperman.
21 Anyone else care to address the committee?
22 AUDIENCE MEMBERS: (No response.)
23 THE CHAIRMAN: Seeing no one, the public
24 hearing is closed.
25 MR. HOLT: Move the bill.
Diane M.
Tropia, Inc.,
49
1 MR. BISHOP: Second.
2 THE CHAIRMAN: Motion on the bill by
3 Mr. Holt, second by Mr. Bishop.
4 Discussion?
5 COMMITTEE MEMBERS: (No response.)
6 THE CHAIRMAN: If not, open the ballot.
7 (Committee ballot opened.)
8 MR. CRESCIMBENI: (Votes yea.)
9 MR. HOLT: (Votes yea.)
10 MR. BISHOP: (Votes yea.)
11 MR. REDMAN: (Votes yea.)
12 (Committee ballot closed.)
13 THE CHAIRMAN: Vote.
14 MS. LAHMEUR: Four yeas, zero nay.
15 THE CHAIRMAN: By your action, you've
16 approved item 26, 2010-523.
17 Item 27, another development agreement.
18 Mr. Smith.
19 MR. SMITH: Yes. Mr. Chairman, members of
20 the committee, ordinance 2010-524 is also an
21 application for a proposed development agreement
22 that seeks a concurrency performance-based
23 development agreement for the purpose of
24 reserving traffic circulation capacity.
25 This development is also known as LMI East
Diane M.
Tropia, Inc.,
50
1 and is located on
3 project proposes to develop approximately
4 100,000 enclosed square feet of warehouse use.
5 I would mention the duration of this
6 agreement is also for five years. The
7 development agreement is subject to a
8 performance schedule and an annual renewal fee
9 each year that the agreement is in effect for
10 the remaining undeveloped enclosed area.
11 Staff has reviewed this for compliance and
12 recommends approval.
13 THE CHAIRMAN: Thank you, Mr. Smith.
14 Any questions from the committee?
15 COMMITTEE MEMBERS: (No response.)
16 THE CHAIRMAN: All right. Seeing none, we
17 have a public hearing scheduled this evening.
18 The public hearing open. I have one
19 speaker's card from Mr. Greg Kupperman.
20 MR. KUPPERMAN: Greg Kupperman, 200 First
21 Street,
22 Again, I'm available for any questions.
23 Mr. Smith has explained everything completely.
24 I'm available for questions.
25 THE CHAIRMAN: Thank you, Mr. Kupperman.
Diane M.
Tropia, Inc.,
51
1 You signed this card as well?
2 MR. KUPPERMAN: Yes, I did.
3 THE CHAIRMAN: Thank you.
4 Anyone else care to address the committee?
5 AUDIENCE MEMBERS: (No response.)
6 THE CHAIRMAN: Seeing no one, the public
7 hearing is closed.
8 MR. BISHOP: Move the bill.
9 MR. HOLT: Second.
10 THE CHAIRMAN: Motion on the bill by
11 Mr. Bishop, second by Mr. Holt.
12 Discussion?
13 COMMITTEE MEMBERS: (No response.)
14 THE CHAIRMAN: If not, open the ballot.
15 (Committee ballot opened.)
16 MR. CRESCIMBENI: (Votes yea.)
17 MR. HOLT: (Votes yea.)
18 MR. BISHOP: (Votes yea.)
19 MR. REDMAN: (Votes yea.)
20 (Committee ballot closed.)
21 THE CHAIRMAN: Vote.
22 MS. LAHMEUR: Four yeas, zero nay.
23 THE CHAIRMAN: By your action, you have
24 approved item 27, 2010-524.
25 Item 28, 2010-525, another development
Diane M. Tropia,
Inc.,
52
1 agreement.
2 Mr. Smith.
3 MR. SMITH: Yes. Mr. Chairman, members of
4 the committee, this ordinance, 2010-525, seeks a
5 concurrency performance-based development
6 agreement for traffic circulation capacity. It
7 is known as
8 This is a first amendment. The -- located at
10 Road.
11 This proposed development agreement
12 amendment includes the development of the
13 remaining commercial uses, which is
14 approximately 207,254 enclosed square feet.
15 That's what remains to be developed in this --
16 this development agreement. It also had a
17 residential component to it. That's been built,
18 and so this is the remaining part of this.
19 So the proposed amendment also includes
20 reducing the acreage from approximately
21 174 acres to 28.45 acres, which, as I mentioned,
22 is a result of the residential portion of the
23 development being built out.
24 Also, the site plan has been revised to
25 reflect the change in the property area.
Diane M.
Tropia, Inc.,
53
1 The duration of this agreement is for five
2 years. An additional five years for the first
3 agreement was also for five years, so it will be
4 a total of ten years.
5 There is a performance schedule and it is
6 subject to an annual renewal fee each year that
7 the agreement is in effect.
8 Staff has reviewed this application and
9 does have a recommendation to approve.
10 THE CHAIRMAN: Thank you, Mr. Smith.
11 Any questions from the committee?
12 COMMITTEE MEMBERS: (No response.)
13 THE CHAIRMAN: All right. Seeing none, we
14 have a scheduled public hearing this evening.
15 The public hearing is open. I have one
16 speaker's card, Randall Gallup.
17 (Mr. Gallup approaches the podium.)
18 MR. GALLUP: Good evening.
19 I'm here -- present for questions, sir.
20 THE CHAIRMAN: Does the committee have any
21 questions for Mr. Gallup?
22 COMMITTEE MEMBERS: (No response.)
23 THE CHAIRMAN: Mr. Gallup used to work for
24 me many, many years ago when he was in high
25 school, and it's very strange to have -- I mean,
Diane M.
Tropia, Inc.,
54
1 be sitting here with you at the podium, so --
2 I'm sure this isn't as much fun as selling
3 cheese and sausage, right?
4 MR. GALLUP: It's a different line of work,
5 yes.
6 THE CHAIRMAN: Good answer.
7 All right. If there's no questions, I have
8 no other speakers' cards -- you signed this
9 card, correct?
10 MR. GALLUP: Yes, sir, I did.
11 THE CHAIRMAN: All right. The public
12 hearing is closed.
13 We have an amendment on this bill.
14 MR. HOLT: Move the amendment.
15 MR. BISHOP: Second.
16 THE CHAIRMAN: Motion on the amendment by
17 Mr. Holt, second by Mr. Bishop.
18 Mr. Reingold.
19 MR. REINGOLD: The amendment essentially
20 does two things. One, it revises the acreage in
21 the bill, as Mr. Smith described, to drop it to
22 28.45 acres, and just revises the contract to
23 reflect the exhibits referenced by Mr. Smith.
24 THE CHAIRMAN: Mr. Gallup, you concur with
25 the amendment? You agree?
Diane M.
Tropia, Inc.,
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1 MR. GALLUP: That is correct.
2 The information Mr. Smith described is
3 correct.
4 THE CHAIRMAN: Thank you, sir.
5 On the amendment, any discussion?
6 COMMITTEE MEMBERS: (No response.)
7 THE CHAIRMAN: If not, all those in favor
8 say yes.
9 COMMITTEE MEMBERS: Yes.
10 THE CHAIRMAN: Opposed say no.
11 COMMITTEE MEMBERS: (No response.)
12 THE CHAIRMAN: By your action, you've
13 adopted the amendment.
14 MR. BISHOP: Move the bill as amended.
15 MR. HOLT: Second.
16 THE CHAIRMAN: Motion on the bill as
17 amended by Councilman Bishop, second by
18 Mr. Holt.
19 Discussion?
20 COMMITTEE MEMBERS: (No response.)
21 THE CHAIRMAN: If not, open the ballot.
22 (Committee ballot opened.)
23 MR. CRESCIMBENI: (Votes yea.)
24 MR. HOLT: (Votes yea.)
25 MR. BISHOP: (Votes yea.)
Diane M.
Tropia, Inc.,
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1 MR. REDMAN: (Votes yea.)
2 (Committee ballot closed.)
3 THE CHAIRMAN: Vote.
4 MS. LAHMEUR: Four yeas, zero nay.
5 THE CHAIRMAN: By your action, you have
6 approved item 28, 2010-525.
7 MR. GALLUP: Thank you.
8 THE CHAIRMAN: Thank you, Mr. Gallup. Good
9 to see you.
10 Bottom of page 9, item 29 is second and
11 rerefer.
12 Page 10, all items -- 30, 31, 32, 33,
13 and 34 -- are second rerefer.
14 Page 11, items 35, 36, 37, 38, and 39 are
15 rereferred.
16 Same holds true for the entire page 12.
17 All items, 40 through 44, are second rerefer.
18 Page 13, items 45 through 49, are second
19 rerefer.
20 And on page 14, items 50 and 51 are second
21 rerefer.
22 We have a lot of folks in the audience. Is
23 anyone here to address the committee on
24 anything?
25 AUDIENCE MEMBERS: (No response.)
Diane M.
Tropia, Inc.,
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1 THE CHAIRMAN: No?
2 All right. Anything else to come before
3 the committee?
4 COMMITTEE MEMBERS: (No response.)
5 THE CHAIRMAN: Do you have a speaker's card
6 for anybody in the audience?
7 MS. DAVIS: No.
8 AUDIENCE MEMBER: (Indicating.)
9 THE CHAIRMAN: Yes, sir. If you'd like to
10 address the committee, come on down.
11 (Audience member approaches the podium.)
12 THE CHAIRMAN: I need you to fill out one
13 of the yellow speaker's cards, if you haven't
14 already done so, but you can address the
15 committee and fill out the card afterwards if
16 you'd like.
17 AUDIENCE MEMBER: I'm here to speak on
18 the -- concerning the Black Rock --
19 THE CHAIRMAN: If you would, if you'd just
20 start by giving your name and address for the
21 record.
22 AUDIENCE MEMBER: Okay. Frank Ford.
23 THE CHAIRMAN: And your address?
24 MR. FORD:
25 THE CHAIRMAN: Okay. Thank you, sir.
Diane M.
Tropia, Inc.,
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1 MR. FORD:
--
2 Yeah, I believe you have already voted on
3 this -- on this application here. I just want
4 to find out a little bit about -- what it's all
5 about. I believe it's concerning the traffic in
6 that area. Y'all want (inaudible) -- an
7 extension on this, 2010-523.
8 THE CHAIRMAN: 2010-523, number 26.
9 Okay. We have voted on that. Mr. Smith
10 gave an explanation about that. Did you hear
11 the discussion about the bill when we took it
12 up?
13 MR. FORD: I heard that.
14 THE CHAIRMAN: Okay.
15 MR. FORD: My question is -- now is -- I
16 believe it already had been approved, the
17 rezoning.
18 THE CHAIRMAN: You need to speak into the
19 microphone so we can get you on the record and
20 the court reporter can hear you.
21 MR. FORD: Yeah. The rezoning have already
22 been approved for -- for this project?
23 THE CHAIRMAN: This wasn't a rezoning.
24 This was a development agreement.
25 MR. FORD: Okay. Now, what -- what does
Diane M.
Tropia, Inc.,
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1 that consist of? This is concerning traffic,
2 concerning extension for this project?
3 THE CHAIRMAN: Mr. Smith, can you recap
4 this for -- I'm sorry, what was your name
5 again?
6 MR. FORD: Frank Ford.
7 THE CHAIRMAN: Ford?
8 MR. FORD: Ford, F-o-r-d.
9 THE CHAIRMAN: -- for Mr. Ford and
10 particularly the traffic component.
11 MR. SMITH: Certainly, Mr. Chairman.
12 Thank you.
13 Yes, this was -- this is a traffic
14 reservation that they have in place for their
15 concurrency application that they have reserved
16 capacity for this proposed project. And the
17 project is for 8,000 square feet of enclosed
18 space for office use, and so this is a
19 development agreement to allow for them time to
20 develop this structure, this use, while having
21 the certainty of holding those transportation
22 trips for a period up to five years. The
23 zoning, land use, and everything is already in
24 place, so this proposed project is consistent
25 with the zoning and land use.
Diane M.
Tropia, Inc.,
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1 MR. FORD: Okay. Well, I have -- I just
2 wonder have they studied the impact that the
3 traffic will have in that area once it gets
4 building up and -- the road in that area, would
5 it -- would it be a -- strong enough to take
6 extra traffic and stuff like that that will be
7 coming?
8 THE CHAIRMAN: Mr. Ford, what I'll do is --
9 this is a public comment period. So if you
10 wanted to address the committee, you can
11 certainly do that. But if you have questions,
12 I'm going to ask Mr. Smith to just meet with you
13 after the meeting and perhaps he can address
14 your specific questions.
15 Is there anything that you wanted to tell
16 the committee?
17 MR. FORD: Well, no. I just wanted to -- I
18 just wanted to mainly find out --
19 THE CHAIRMAN: Okay.
20 MR. FORD: -- what impact --
21 THE CHAIRMAN: Okay. Mr. Smith, will you
22 meet with Mr. Ford after we adjourn? Because
23 we're at the end of our meeting.
24 MR. SMITH: Yes, sir.
25 THE CHAIRMAN: Okay. So he'll get with you
Diane M.
Tropia, Inc.,
61
1 immediately upon adjournment and hopefully he
2 can answer any of your questions.
3 MR. FORD: Okay.
4 THE CHAIRMAN: Okay. Anyone else care to
5 address the committee?
6 AUDIENCE MEMBERS: (No response.)
7 THE CHAIRMAN: All right. Seeing no one, I
8 appreciate everybody being here, I appreciate
9 everybody sticking through. And thanks to the
10 staff, Sharonda, Steve, Merriane, and our
11 diligent court reporter, Diane.
12 So this meeting is adjourned and we'll see
13 you in a couple of weeks.
14 (The above proceedings were adjourned at
15 5:52 p.m.)
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Diane M.
Tropia, Inc.,
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1 C E R T I F I C A T E
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3 STATE OF
4 COUNTY OF DUVAL :
5
6 I, Diane M. Tropia, certify that I was
7 authorized to and did stenographically report the
8 foregoing proceedings and that the transcript is a
9 true and complete record of my stenographic notes.
10 Dated this 8th day of August, 2010.
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14 Diane M. Tropia
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Diane M.
Tropia, Inc.,