1 CITY OF
2 LAND USE AND ZONING
3 COMMITTEE
4
5
6 Proceedings held on Tuesday, July 20, 2010,
7 commencing at 5:00 p.m., City Hall, Council Chambers,
8 1st Floor,
9 Tropia, a Notary Public in and for the State of
10
11
12 PRESENT:
13 JOHN CRESCIMBENI, Chair.
RAY HOLT, Vice Chair.
14 WILLIAM BISHOP, Committee Member.
DON REDMAN, Committee Member.
15 STEPHEN JOOST, Committee Member.
16
ALSO PRESENT:
17
JOHN CROFTS, Deputy Director, Planning Dept.
18 SEAN KELLY, Chief, Current Planning.
FOLKS HUXFORD, Zoning Administrator.
19 KEN AVERY, Planning and Development Dept.
DYLAN REINGOLD, Office of General Counsel.
20 MERRIANE LAHMEUR, Legislative Assistant.
SHARONDA DAVIS, Legislative Assistant.
21
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22
23
24
25
Diane M.
Tropia,
2
1 P R O C E E D I N G S
2 July 20, 2010 5:00 p.m.
3 - - -
4 THE CHAIRMAN: Okay. We're going to call
5 the July 20th meeting of the Land Use and Zoning
6 Committee to order.
7 I'm the new Chair of the committee,
8 Councilman John Crescimbeni.
9 In attendance tonight we have
10 Councilmen Bishop, Redman, and Vice Chair Holt
11 are with us. Also, Council President Jack Webb
12 is here. Our other two council members will
13 join us, I think, in progress.
14 We have, representing the Planning
15 Department, John Crofts, Sean Kelly, Ken Avery.
16 Folks Huxford is going to join us in progress, I
17 think. And our Office of General Counsel is
18 Dylan Reingold.
19 (Mr. Joost enters the proceedings.)
20 THE CHAIRMAN: And here is Councilman
21 Stephen Joost.
22 Mr. Webb.
23 PRESIDENT WEBB: Mr. Chairman, thank you
24 very much. I just wanted to stop by and say hi
25 to all the other -- all the other committees and
Diane
M. Tropia,
3
1 wish the chairman and the vice chairman well in
2 their endeavors in the coming year.
3 I appreciate your dedication and your
4 passion for this particular area of -- of
5 government, and I know you're going to do a fine
6 job. And I applaud, once again, the commitment
7 of every one of the committee and --
8 THE CHAIRMAN: (Inaudible.)
9 PRESIDENT WEBB: Exactly. Spread it around
10 a little bit.
11 And I wish you luck. So God bless, and
12 work hard, and I know you will.
13 I do have one item on the agenda I wonder
14 if we might take up.
15 THE CHAIRMAN: We can, but we have a
16 statement that the --
17 PRESIDENT WEBB: Perfect.
18 THE CHAIRMAN: -- that the Office of
19 General Counsel is going to read into the
20 record.
21 Mr. Reingold, if you'll do that, and then
22 we'll take up item 7.
23 MR. REINGOLD: Absolutely.
24 To the Chair and to the committee and to
25 the audience, anyone who would like to address
Diane
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4
1 the committee must fill out a yellow speaker's
2 card in its entirety. The yellow speaker's
3 cards are located on the desk up front, near the
4 podium. Once completed, please return the
5 speaker's card to the basket on the front desk.
6 Any person who lobbies the City for
7 compensation is considered a lobbyist and is
8 therefore required to register their lobbying
9 activity with the City Council secretary. If
10 you are a lobbyist and have not registered with
11 the City Council secretary, you will not be
12 permitted to address the committee.
13 Because a verbatim transcript of this
14 meeting will be prepared by a court reporter, it
15 is important that you speak clearly into the
16 microphone when you address the committee. It's
17 also important that only one person speak at one
18 time.
19 Any tangible material submitted with a
20 speaker's presentation, such as documents,
21 photographs, plans, drawings, et cetera, shall
22 become a permanent part of the public record and
23 will be retained by this committee.
24 As a courtesy, please switch any cell
25 phones, pagers, or audible devices to a silent
Diane
M. Tropia,
5
1 mode.
2 Additionally, there shall be no public
3 displays of support or opposition, so please
4 refrain from applause or speaking out of turn.
5 Items are generally addressed in the order
6 in which they are listed on the agenda. Copies
7 of the agenda are located on the desk up front,
8 near the podium.
9 On occasion, items may be heard out of
10 order for the sake of efficiency or to
11 accommodate scheduling conflicts.
12 Unless there's a formal hearing on a
13 particular item, each member of the public is
14 limited to a single three-minute presentation;
15 therefore, presentations should be focused,
16 concise, and address only the item pending
17 before the committee.
18 Prior to addressing the committee, please
19 state your name and address for the court
20 reporter.
21 Decisions on rezonings, including PUDs,
22 waivers of road frontage, sign waivers and
23 appeals, are all considered quasi-judicial in
24 nature and certain protocols will be followed
25 for these proceedings.
Diane M.
Tropia,
6
1 First, each council member will disclose on
2 the record any ex-parte communications they have
3 had with any members of the public prior to the
4 hearing on each applicable item. This includes
5 a brief statement of when the communication took
6 place, who the communication was with, and what
7 the subject matter of the -- and the subject
8 matter of the communication was about.
9 Second, the normal format is to allow the
10 applicant or agent thereof to make their
11 presentation first, followed by members of the
12 public who wish to speak in support of the item,
13 then members of the public who are in opposition
14 will be allowed to speak.
15 After all the public comments have been
16 received, the applicant will have a brief
17 opportunity to wrap up or present a brief
18 rebuttal. The wrap-up or rebuttal shall be
19 limited to the issues brought up by the
20 speakers.
21 In some instances, the Chair may permit a
22 concise surrebuttal or response to the
23 applicant's rebuttal, which will be followed by
24 a brief final response by the applicant.
25 Finally, all quasi-judicial decisions must
Diane M. Tropia,
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1 be based on substantial competent evidence,
2 which means that the committee's decision must
3 be supported by fact-based testimony or expert
4 testimony and not generalized concerns or
5 opinions.
6 And I'll send it back to the Chair.
7 THE CHAIRMAN: Thank you, Mr. Dylan --
8 Mr. Reingold.
9 So you heard Mr. Reingold state that on
10 occasion we take things out of order, and that's
11 the way we're going to begin this -- this year.
12 So item 7, 2010-315, at the request of the
13 Council President, who is visiting here. This
14 is a quasi-judicial matter, so we'll begin with
15 a report from Mr. Kelly.
16 I'm sorry. Do we need ex-parte before or
17 after the report?
18 MR. REINGOLD: Well, you could do it --
19 THE CHAIRMAN: Okay. Let's go ahead and
20 hear the report and then we'll have a
21 declaration of ex-parte.
22 MR. KELLY: Thank you.
23 Through the chairman and to the committee
24 members, ordinance 2010-315 is a request for a
25 waiver of road frontage to allow for a lot split
Diane
M. Tropia,
8
1 and a reduction in the frontage from 192 feet to
2 129 feet. That would be combined -- actually,
3 one of the lots would not have any road frontage
4 whatsoever.
5 The department has reviewed this request.
6 The subject property is located down on Mandarin
7 Road, within the confines of the
8 overlay. The department reviewed this for both
9 consistency with the criteria, and the
10 department finds that this request is not in
11 spirit and in keeping with the intent of the
13 Additionally, the department finds that
14 this request, in the location that it is, would
15 set a negative precedent for the future
16 development and requests in those areas, leading
17 to similar requests that would ultimately have a
18 detrimental effect on the area and the way it's
19 developing.
20 The properties along the west side of
22 estate-size properties. This request would
23 alter that established development pattern and
24 thereby creating a lot -- basically a riverfront
25 estate lot with houses -- or with a house
Diane M.
Tropia,
9
1 provided in front of it on a newly-created lot.
2 Again, the department finds it to be
3 inconsistent with the intent of the Mandarin
4 Road overlay; in fact, that it negatively alters
5 the established development pattern of the
6 surrounding area; again, would lead to future
7 similar requests ultimately being detrimental to
8 the area, leading to a de facto subdivision
9 without the sufficient improvements necessary
10 and roadway pavement widths.
11 And, additionally, the detriment to the
12 health, safety and welfare. The department
13 feels that it would not be adequately accessed
14 without the lack of an easement or addressed
15 from
16 locate for 911 emergency responders, police,
17 fire, health and safety.
18 The department is, therefore, recommending
19 denial of this request.
20 THE CHAIRMAN: Thank you, Mr. Kelly.
21 Do any council members have any ex-parte
22 communication to disclose?
23 Council President Webb.
24 PRESIDENT WEBB: Thank you, Mr. Chairman.
25 Over the course of the last weeks and
Diane M.
Tropia,
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1 months, I've had numerous conversations with a
2 number of people on the merits of the
3 application and some modifications thereto,
4 including Judge Charles Arnold; David Hudson,
5 who is a neighboring property owner; Mr. Paul
6 Harden, who is an attorney for the -- for
7 Mr. Hudson; T.R. Hainline, who is an attorney
8 for the applicant, representative of the
9 applicant; and most recently on the night of the
10 council installation, I had a conversation with
11 the applicant regarding this matter as well.
12 THE CHAIRMAN: Thank you, Mr. Webb.
13 Anyone else?
14 COMMITTEE MEMBERS: (No response.)
15 THE CHAIRMAN: Okay. Seeing no one, then
16 the public hearing is open.
17 I have one speaker's card, T.R. Hainline.
18 (Mr. Hainline approaches the podium.)
19 THE CHAIRMAN: Mr. Hainline, if you'll give
20 us your name and address for the record before
21 we start your time.
22 MR. HAINLINE: Yes, sir.
23 T.R. Hainline,
24 I have some information --
25 THE CHAIRMAN: And you signed the card,
Diane
M. Tropia,
11
1 correct?
2 MR. HAINLINE: Yes, sir.
3 THE CHAIRMAN: Thank you.
4 MR. HAINLINE: I have some information
5 there that I passed out.
6 I want to say a couple of things at the
7 outset. We started out this matter working
8 closely with the immediate neighbors, which
9 would include Mr. Hudson, neighbors up and down
10 the road, which would include Judge Arnold, and
11 communicating also with the Mandarin Community
12 Club.
13 And we worked with them, and all of them
14 support this application, so we have no
15 opposition. There has never been any opposition
16 that has showed up. And, to the contrary, we
17 worked with them and they support this
18 application.
19 During our work with the neighbors, we
20 agreed to two conditions, which is outside of
21 the Planning Department's review. I understand
22 the Planning Department's recommendation. I
23 understand why they're recommending what they
24 are. We obviously disagree with some of their
25 conclusions, and I'll go into that some.
Diane
M. Tropia,
12
1 But the first thing I wanted to emphasize
2 was our work with the neighbors, communications
3 with the Mandarin Community Club, and our work
4 with the district councilman, of course.
5 This -- representing the applicant whose
6 name is Buddy Wiggins, and we are -- he is
7 seeking a waiver of the frontage from 192 feet
8 to 129 feet.
9 Mr. Wiggins -- as you can see on some of
10 the maps that I passed out, Mr. Wiggins owns
11 two -- what is now two lots there, one on the
12 riverfront and one that runs out to Mandarin
13 Road. And what he did was -- not exactly being
14 aware of what he could and couldn't do some
15 months ago, Mr. Wiggins conveyed that waterfront
16 lot to his daughter. And it was after that that
17 he learned that he didn't convey it in exactly
18 the right way, so then we talked to him -- we
19 met with the Planning Department actually and
20 then met with the neighbors, decided to apply
21 for this waiver.
22 In our work with the neighbors, they asked
23 us to, and we agreed, to two conditions. One,
24 we would agree to a 35-foot nonrevocable access
25 easement benefiting the parcel on the
Diane
M. Tropia,
13
1 waterfront. That's an improvement over what
2 exists now. Right now there's a 20-foot-wide
3 revocable easement, old, old, old easement on
4 either side of the boundary along the southern
5 side. So what we're proposing with that
6 condition is to improve the ability of that
7 waterfront lot to have access currently and in
8 the future.
9 Secondly, we agreed that there would only
10 be one principal residence on both of these two
11 lots, the waterfront lot, and then the lot on
13 Now, there is a guest house, a small guest
14 house on the lot on
15 could stay there. But in addition to that,
16 there can be one principal residence. So that's
17 two principal residences on a total of
18 4.37 acres. That's far below the maximum
19 density in the Mandarin overlay.
20 I see that my time is up. I'll just say
21 that we disagree that this is in any way
22 inconsistent with the Mandarin overlay, given
23 the fact that the Mandarin overlay permits one
24 unit per acre, and here we have more than two
25 units per acre -- I'm sorry -- more than two
Diane
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1 acres per unit resulting from this.
2 The neighbors do not want what the Planning
3 Department is saying should be the norm here,
4 which is a platted, dedicated road and
5 subdivision parcels.
6 If you look at that last map of the
7 handout, you will see that up and down Mandarin
8 Road at this location -- I know Mr. Kelly said
9 that it's large estate lots, but you'll also see
10 that there have been several small subdivisions
11 that have been created on these estate lots.
12 There's one just to the north of us, there's
13 another one to the south of us.
14 What the neighbors do not want is another
15 subdivision with an access road, a platted road
16 or an improved private road serving that little
17 subdivision. They don't want a bunch of lots
18 there. They're happy with the little drive that
19 leads back to this lot and with the two lots
20 that are created.
21 As I said, the neighbors and everyone
22 supports it. We've worked with everybody.
23 Be happy to answer any questions.
24 Thank you.
25 THE CHAIRMAN: Thank you, Mr. Hainline.
Diane
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1 Any questions from the committee?
2 COMMITTEE MEMBERS: (No response.)
3 THE CHAIRMAN: All right. Anyone else in
4 support of the item?
5 AUDIENCE MEMBERS: (No response.)
6 THE CHAIRMAN: Anybody to speak in
7 opposition?
8 AUDIENCE MEMBERS: (No response.)
9 THE CHAIRMAN: All right. Seeing no one,
10 then the public hearing is closed.
11 Is there a motion from -- Mr. Webb, did you
12 want to --
13 PRESIDENT WEBB: I do want to entertain a
14 motion to approve it.
15 THE CHAIRMAN: Is there a motion from --
16 MR. REDMAN: I make a motion to approve it.
17 MR. BISHOP: Second.
18 THE CHAIRMAN: We're going to need an
19 amendment; is that correct?
20 Mr. Reingold.
21 MR. REINGOLD: To the committee, the proper
22 way to deal with this would be either to move to
23 deny or have an amendment to deny the waiver or
24 an amendment to approve the waiver.
25 If you do an amendment to approve the
Diane
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1 waiver, it's my understanding Mr. Hainline had
2 proposed two conditions to --
3 MR. JOOST: Move the amendment to approve
4 the waiver.
5 MR. BISHOP: Second.
6 THE CHAIRMAN: Motion to approve the waiver
7 by Councilman Joost, second by Councilman
8 Bishop.
9 Discussion, Mr. Webb.
10 PRESIDENT WEBB: Thank you, Mr. Chairman.
11 Thank you, Vice President Joost and
12 Mr. Redman for your second.
13 I support the -- I support this matter.
14 As Mr. Hainline said before, he has done
15 good work in reaching out to all constituents.
16 Constituent groups have an interest in this on
17 behalf of the applicant or the applicant
18 directly, Mr. Wiggins.
19 I -- there was some concern raised at the
20 outset because of what the Planning Department
21 referenced was this de facto development issue,
22 and that's precisely what we worked with to make
23 certain that we didn't get. We don't -- this --
24 this is -- this is entirely consistent with
25 the -- with the desires of the community. And,
Diane M.
Tropia,
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1 in fact, my view is totally consistent with the
2 intent of the Mandarin overlay because, as the
3 Planning Department well knows, I didn't write
4 the Mandarin overlay, but I participated in a
5 substantial modification of it after I took
6 office because the original bite at the apple
7 didn't quite get us where we wanted to be. So
8 we, in fact, amended it last year.
9 So this -- and one of the things that we
10 were very concerned with is that we did not
11 preclude existing property owners such as
12 Mr. Wiggins from making proper use of his
13 property that was consistent with the overlay,
14 that is, the one-acre required lot size.
15 There were -- again, there were some
16 concerns regarding the way -- the initial
17 conveyance of the way it was structured, but all
18 of those issues have been resolved and I think
19 this is totally consistent with the matter and
20 overlay, and I would urge -- I would request
21 that my colleagues support the -- support the
22 amendment to approve.
23 Thank you.
24 THE CHAIRMAN: Thank you, Mr. Webb.
25 Mr. Reingold, the two conditions were
Diane M.
Tropia,
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1 what?
2 MR. REINGOLD: Mr. Hainline, would you come
3 back up to the podium, please.
4 MR. HAINLINE: (Complies.)
5 MR. REINGOLD: To the Chair and the entire
6 committee, here is -- as I have the two
7 conditions -- and certainly Mr. Hainline is
8 coming up, and he can correct me or just agree
9 to them.
10 Condition number 1 would be that a
11 35-foot-wide nonrevocable access easement
12 benefiting the waterfront parcel RE 105974-0010
13 and (inaudible) parcel 105973-0000 shall be
14 recorded.
15 And the second condition would be that
16 there shall be no more than one principal
17 residence on parcel 105973-0000 in addition to
18 the existing guest house on the parcel which has
19 approximately 816 square feet heated/cooled area
20 and a 224-square-foot carport, and no more than
21 one principal residence on parcel 105974-0010.
22 THE CHAIRMAN: Thank you, Mr. Reingold.
23 Mr. Joost, your amendment included those
24 conditions?
25 MR. JOOST: Yes.
Diane
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1 THE CHAIRMAN: All right. Thank you.
2 Mr. Hainline, do you agree to those
3 conditions on the record?
4 MR. HAINLINE: Yes, sir.
5 THE CHAIRMAN: All right. Thank you.
6 Any further discussion?
7 COMMITTEE MEMBERS: (No response.)
8 THE CHAIRMAN: If not, open the ballot.
9 MR. REINGOLD: Move the amendment.
10 THE CHAIRMAN: I'm sorry. On the
11 amendment, yes.
12 All those in favor on the amendment, say
13 aye -- or 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 approved the amendment.
19 MR. JOOST: Move the bill as amended.
20 MR. HOLT: Second.
21 THE CHAIRMAN: Motion by Mr. Joost, second
22 by Mr. Holt.
23 Discussion.
24 COMMITTEE MEMBERS: (No response.)
25 THE CHAIRMAN: If not, open the ballot.
Diane M.
Tropia,
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1 (Committee ballot opened.)
2 MR. CRESCIMBENI: (Votes yea.)
3 MR. HOLT: (Votes yea.)
4 MR. BISHOP: (Votes yea.)
5 MR. JOOST: (Votes yea.)
6 MR. REDMAN: (Votes yea.)
7 (Committee ballot closed.)
8 THE CHAIRMAN: Vote.
9 MS. LAHMEUR: Five yeas, zero nay.
10 THE CHAIRMAN: By your action, you have
11 approved item 7, 2010-315, as amended.
12 PRESIDENT WEBB: Thank you, Mr. Chairman.
13 THE CHAIRMAN: Thank you, Mr. President.
14 Appreciate you coming. You're welcome any
15 time.
16 PRESIDENT WEBB: Thank you.
17 Have a good night.
18 THE CHAIRMAN: We'll see you in a couple of
19 weeks.
20 Turning back to page 1, item 1, 2009-864.
21 Mr. Shelton with the Planning Department is
22 going to make a brief presentation using his
23 PowerPoint.
24 (Mr. Shelton approaches the podium.)
25 MR. SHELTON: Yes, sir.
Diane
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1 Good evening.
2 My name is Mark Shelton with the Planning
3 and Development Department. With me tonight are
4 Lisa Rinaman with the mayor's office and
5 Paul Davis also with the Planning and
6 Development Department.
7 I'd like to take just a few minutes of your
8 time to introduce ordinance 2009-864 or, as we
9 call it, the Florida-friendly ordinance.
10 This specific code revision is applicable
11 only to all new public agency projects and
12 private projects, including industrial,
13 commercial, recreational, and multifamily
14 residential.
15 Much of this ordinance is comprised of
16 additional definitions and semantic changes. As
17 you can see, it is an ordinance that updates our
18 existing landscaping code to come into
19 compliance with several
20 I'm referring to the handouts you guys should
21 have.
22 It is also a much needed revision that will
23 keep our code consistent with our own 2030
24 Comprehensive Plan.
25 So the big question comes up, what is
Diane M.
Tropia,
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1 Florida-friendly landscaping and why should we
2 revise our code to include it? As you can see
3 in your handout, I listed three items there.
4 Number 1, it improves the aesthetics
5 because Florida-friendly plants require less
6 maintenance and last longer.
7 It also conserves water by requiring the
8 right plant at the right place, which requires
9 less watering.
10 And, finally, it encourages a diversity of
11 plants, which adds to the overall character of
12 the site.
13 To stay consistent with other
14 municipalities, we use the FDEP's model
15 ordinance as a template, taking most of our --
16 our new language straight from this guideline.
17 And as you can see on your handout,
18 throughout the 10-month process of creating this
19 ordinance, we worked with several stakeholders,
20 individuals, organizations, and departments
21 internally to the City of
22 One of our more notable issues was the
23 water use zones. Other than changing the
24 percentage of the water use zones, we left the
25 existing language in this section relatively
Diane
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1 alone. As a result, we continue to allow turf
2 grass in up to 70 percent of the landscape
3 area.
4 There it is.
5 We also include a reference to the IFAS
6 extension website to get a list of
7 Florida-friendly plants so that when developers
8 are looking for the right plant at the right
9 place, they'll have an updated list with modern
10 studies included at this website.
11 And now we switch over to the irrigation
12 design and maintenance portion of the
13 ordinance. Irrigation systems can now comprise
14 of an automatic underground system, micro
15 irrigation, quick coupling values, or hose
16 bibs. Micro irrigation was not consisted in our
17 existing code, and this ordinance introduces
18 it.
19 In the interest of time, I've provided a
20 summary of the rest -- the remainder of this
21 section by listing five points of interest. And
22 you can see on your handout the first one is,
23 "Irrigation plans must now consider soil slope
24 and other site characteristics in order to
25 minimize wasted water, including overspray."
Diane M.
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24
1 I've shown a depiction of some -- a typical
2 irrigation overspray.
3 The second point -- I think I went too far.
4 The second point is that applicants may now
5 choose from three types of sensor devices.
6 Currently in our code, we only consider rain
7 sensors, which are usually on top of the gutters
8 or somewhere on the roof of these commercial
9 buildings. You can now have a weather sensor
10 and even a moisture sensor, which will give more
11 accurate detail as to when watering needs to
12 take place.
13 The third point of interest is that
14 irrigation areas should not be less than four
15 feet wide, except when adjacent to continuous
16 property or when utilizing micro or drip
17 irrigation.
18 And as you can see in the -- I think the
19 black-and-white depiction there, this -- this
20 part of the ordinance is to better protect
21 irrigation equipment as well as to further
22 prevent overspray. And we were requiring more
23 appropriate irrigation design by allowing micro
24 drip irrigation in these narrower areas.
25 The fourth point is that irrigation systems
Diane M.
Tropia,
25
1 should not be required for preserved plant
2 communities that are maintained in their natural
3 state.
4 The comprehensive plan right now requires
5 natural vegetation -- a certain percentage of
6 natural vegetation to remain on site. If you
7 irrigate that, you can ruin the soil base and,
8 therefore, actually destroy it.
9 And the final point is that -- in an effort
10 to work with the development community, the
11 final irrigation plan must only be submitted
12 prior to issuance of the certificate of
13 occupancy and not at the beginning of the permit
14 process.
15 This is in the interest of, if anything,
16 modifications during the permitting process by
17 comments from any of the ten-sets of reviewers,
18 they can make these changes and not have to make
19 the same changes to their irrigation design.
20 They can wait for the irrigation design to be
21 complete and finalize at the very end.
22 So, with that -- hopefully that was quick
23 enough, and I'll stand by with any questions.
24 THE CHAIRMAN: That was quick enough,
25 Mr. Shelton.
Diane M.
Tropia,
26
1 Thank you.
2 Any questions for Mr. Shelton?
3 COMMITTEE MEMBERS: (No response.)
4 THE CHAIRMAN: All right. Do we -- is
5 there a --
6 I'm sorry. Did you have a --
7 Mr. Bishop.
8 MR. BISHOP: Thank you, Mr. Chairman.
9 Mr. Shelton, just a real quick question and
10 I'm going to try to phrase it, I guess, as I go
11 here.
12 This is an ordinance that essentially, as I
13 understand it, basically becomes a mechanism to
14 review plans as they come in for new
15 development.
16 Is there anything in here that would -- I
17 guess I will say, once a project gets done,
18 what's to keep it that way?
19 MR. SHELTON: Yes, sir.
20 The design that's set in the site plan
21 review would be binding. If it's not developed
22 that way, it will hold up their certificate of
23 occupancy during the building permit process.
24 MR. BISHOP: I'm talking about after that.
25 MR. SHELTON: After that, it's open to code
Diane
M. Tropia,
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1 enforcement.
2 MR. BISHOP: Okay. So it becomes a code
3 enforcement exercise at that point?
4 MR. SHELTON: Yes, sir.
5 MR. BISHOP: Okay. And as far as -- we've
6 got high water, medium water, and low water
7 areas in there. Is it clear in here -- I've
8 kind of read through it a little bit, but I'd --
9 can you tell what you're supposed to do with
10 that or does that whole exercise become open to
11 interpretation and becomes a -- becomes a
12 negotiating session between an applicant and the
13 Building Department, if you will?
14 MR. SHELTON: Yes, sir.
15 We've had low, moderate, and high water use
16 zones in the code for at least 20 years. And
17 we've put an explanation of those in -- in the
18 ordinance that you see here. Those are the
19 existing explanations.
20 We've touched on low water use zones as to
21 show our intent to keep 30 percent of the site
22 natural and un- -- nonirrigated because of the
23 tendency to irrigate whatever you see green. We
24 would like that to increase the character of the
25 area and diversity of the plants.
Diane
M. Tropia,
28
1 So we've -- we've tried to summarize high
2 water use zones as that which you can irrigate.
3 The moderate use zone, that's when you can
4 irrigate to supplement -- to supplement the
5 rain, and low water use zones to not irrigate at
6 all.
7 And the question is, what is supplemental
8 irrigation landscaping? And that's something
9 that can be quantified as good, medium, or high
10 drought tolerance, or just flat out nondrought
11 tolerant or drought tolerant. As our code
12 currently considers it, they just call it
13 drought tolerant and nondrought tolerant.
14 We try to use the DEP guideline for this
15 and to stick with Best Management Practices, but
16 we want to leave review open for studies that
17 come in, whether it be by
18
19 that certain landscape is indeed drought
20 tolerant to the point that it only needs
21 supplemental irrigation.
22 MR. BISHOP: So basically once a plant
23 palate is approved and installed, you're really
24 kind of leaving it up to the owner to recognize
25 that they don't really have to water it all that
Diane
M. Tropia,
29
1 much in order to get the benefit of not
2 irrigating so much?
3 MR. SHELTON: Yes, sir.
4 MR. BISHOP: And if somebody decides that
5 they're not going to pay attention to that and
6 they just feel they've got to water, as long as
7 they don't water more than the water rules say,
8 then they can do it and there's really no
9 difference in that?
10 MR. SHELTON: Yes, sir.
11 In the design review, we'll look if
12 there's -- a proper irrigation technique is
13 being used on the proper vegetation,
14 Florida-friendly plant at that time. In other
15 words, it would be hard set to convince a
16 reviewer that micro irrigation is needed for
17
18 needs the full-blown, regular irrigation.
19 MR. BISHOP: So there's a lot of education
20 involved in this really?
21 MR. SHELTON: A little bit, yes, sir.
22 MR. BISHOP: Yeah.
23 Okay. Thanks.
24 THE CHAIRMAN: Thank you, Mr. Bishop.
25 All right. Thank you, Mr. Shelton. Stand
Diane M.
Tropia,
30
1 by, though, for questions.
2 Mr. Reingold, before we get into the public
3 hearing, there's an amendment on this bill. Can
4 we just get a brief summary of that so we can
5 think about that as we hear from the public?
6 MR. REINGOLD: Absolutely, sir.
7 Actually, I handed out a copy of the
8 Land Use and Zoning Committee amendment for
9 2009-864. It should be in front of you.
10 It's mostly just a technical amendment,
11 several portions of it just essentially adding
12 "system" after irrigation. So it says
13 "irrigation system" throughout the ordinance
14 where appropriate.
15 There were three small other issues, just a
16 definition or rewording of the hose vacuum
17 portion of the code.
18 And then, finally, adding in the language,
19 "Because of the tendency to maintain turf grass
20 with supplemental watering, turf grass shall not
21 be permitted in this zone." And that was
22 applicable specifically to the low water use
23 zone. That was added as sort of a clarification
24 point.
25 That's the amendment.
Diane M. Tropia,
31
1 THE CHAIRMAN: Thank you, Mr. Reingold.
2 Okay. With that, we'll open the public
3 hearing on 2009-864.
4 I only have one speaker's card, and that is
5 from Eric -- and I hope I pronounce your last
6 name correctly this time. It's Hjort; is that
7 correct?
8 AUDIENCE MEMBER: Yes, sir.
9 Thank you.
10 (Audience member approaches the podium.)
11 THE CHAIRMAN: And, Mr. Hjort, I just need
12 you to state your name and address for the
13 record before your time begins.
14 AUDIENCE MEMBER: Very good. Thank you.
15 Eric Hjort,
16
17 THE CHAIRMAN: And you signed this card?
18 MR. HJORT: Yes, sir.
19 THE CHAIRMAN: Thank you.
20 MR. HJORT: I'm a sod grower and potato
21 grower down in
22 board of directors for the
23 Association -- or Cooperative.
24 The
25 supports water conservation measures. In fact,
Diane M. Tropia,
32
1 we've spent countless hours and resources
2 educating our customers, the end consumer, of
3 our product on these measures.
4 We also support this ordinance with just
5 the exception of just a couple of points that
6 we'd just like to have clarification on.
7 The first point being section 656.121 that
8 defines low, medium, and high water use zones.
9 The way it's written, it can be very confusing
10 and difficult to understand.
11 As Councilman Bishop was referring to, the
12 terms "drought tolerant" and "nondrought
13 tolerant," what is the definition of that? What
14 does that mean?
15 We feel it leaves it open for
16 interpretation. We suggest using the terms
17 "good" and "medium," as was developed in the
18 table developed by the Florida Department -- or
19
20 this table, it lists all the turf grass species
21 and it tells their drought tolerance, good and
22 medium.
23 I think if we use those terms versus
24 "drought tolerant" and "nondrought tolerant,"
25 when a person reads that, he'll know he can't
Diane M.
Tropia,
33
1 make those changes.
2 Also, to address this -- I know there is
3 some concern about -- as new varieties and stuff
4 come on board, through the universities, that it
5 becomes inflexible. Well, in my view, this
6 lists species of grasses:
7 Bermuda,
8 those species. I seriously doubt that we're
9 going to have changes as far as species go.
10 We're not going to blue grass in
11 we're not going to have fescue in
12 don't think that becomes an issue. But even so,
13 these tables are updated from time to time based
14 on university studies, so we suggest using the
15 good or medium as indicated in the DEP, BP
16 table.
17 The next point will be referencing that
18 last sentence that was changed: Because of the
19 tendency to maintain turf grass through
20 supplemental water, turf grass should not be
21 included in this zone.
22 As I've stated before, there are hundreds
23 and hundreds of miles of roadways that have
24
25 It relies solely on natural rainfall to
Diane M.
Tropia,
34
1 survive.
2 Addressing -- I know the zoning is trying
3 to address the issue to base it on a percentage
4 of turf grass for the Florida-friendly
5 landscape, but actually the State requirement,
6 Statute 373.185, states a percentage of
7 irrigated turf.
8 Again, back to the sentence, because they
9 have a tendency to maintain turf grass
10 without -- with supplemental watering -- it's a
11 nonpoint because it's in a nonirrigated area, so
12 we suggest striking that sentence completely
13 from the ordinance.
14 Thank you.
15 THE CHAIRMAN: Thank you, Mr. Hjort.
16 Any questions for Mr. Hjort?
17 COMMITTEE MEMBERS: (No response.)
18 THE CHAIRMAN: Okay. Mr. Hjort -- I'm
19 sorry -- Mr. Shelton, would you mind coming back
20 up?
21 (Mr. Shelton approaches the podium.)
22 THE CHAIRMAN: Can you clarify the plant
23 list in the BMP table in the ordinance and
24 address Mr. Hjort's concerns as it relates to
25 talking about -- or using -- in lieu of
Diane
M. Tropia,
35
1 "drought" and "nondrought," using "good"
2 and "medium," which is apparently a term used in
3 the DEP table.
4 MR. SHELTON: Yes, sir.
5 Good and medium are two different terms
6 used in two different tables from two different
7 studies. Several studies are out there that
8 speak about the -- the tolerance of different
9 grasses at different times.
10 Our biggest point was that this is the same
11 language that we've had in the code. Most of
12 our commercial developers are familiar with
13 this. They've been -- have had not a problem
14 for 20 years or more since this "nondrought
15 tolerant" and "drought tolerant" terminology has
16 been in our code.
17 But what we wanted to do is we wanted to
18 leave something up to the reviewer. If they see
19 that something is good versus something is
20 medium, they'll still know that that definitely
21 is not a nondrought tolerant plant that's good
22 or medium. It's kind of the same thing. So the
23 reviewer can tell that from the studies and
24 whether or not it's going to fit in one of those
25 three categories without going into too much
Diane M.
Tropia,
36
1 research.
2 THE CHAIRMAN: Could we add a definition or
3 some additional explanation stating what you
4 just stated, that good or medium would be the
5 equivalent of drought tolerant?
6 MR. SHELTON: In the essence of actually
7 seeking a professional, I'd like to defer that
8 to Paul Davis, who is a registered landscape
9 architect, if you don't mind.
10 (Mr. Davis approaches the podium.)
11 THE CHAIRMAN: Mr. Davis, we'll need your
12 name and address for the record.
13 MR. DAVIS: Through the Chair to the
14 commission, my name is Paul Davis, the Planning
15 and Development Department, 214 North Hogan
16 Street.
17 There are several different lists of grass
18 drought tolerance listings. BP has -- DEP has a
19 list, IFAS has a list. There are other
20 researchers, the
21 believe that the ordinance code, as it -- as it
22 stood for the last 20 years, is adequately clear
23 as to what high, moderate, and low water use
24 means and that the plans reviewer would have the
25 discretion to -- and the capability to interpret
Diane M.
Tropia,
37
1 those lists and apply them to a specific
2 landscape plan.
3 THE CHAIRMAN: Well, does the ordinance
4 reference the DEP's BMP table 1?
5 MR. DAVIS: I don't believe it does.
6 THE CHAIRMAN: But you're not sure?
7 MR. DAVIS: No, I'm not sure.
8 THE CHAIRMAN: Okay. Would you like to
9 check on that for me? Because --
10 MR. DAVIS: Certainly.
11 THE CHAIRMAN: It just -- it just
12 references the BMP?
13 MR. KELLY: It just references -- under
14 12.11, number 6, it says, "using highly
15 drought-tolerant grass species per BMPs, best
16 management practices."
17 THE CHAIRMAN: And does the BMP's generic
18 best practices [sic] management include any
19 tables?
20 MR. REINGOLD: To the Chair -- I see Lisa
21 walking up to the podium.
22 BMPs, or best management practices, are
23 actually a definition that are being added as
24 part of this ordinance, and it means turf and
25 landscape practices or a combination of
Diane M.
Tropia,
38
1 practices based on research, field testing, and
2 expert review determined to be most effective
3 and practical on location, means including
4 economic and technological considerations for
5 improving water quality, conservation water
6 supplies, and protecting natural resources.
7 So it does essentially reference the
8 research that's been performed, field research
9 that's been tested, and expert review.
10 THE CHAIRMAN: Yes, sir.
11 MR. DAVIS: Well, we believe that the
12 ordinance as it's presented will provide the
13 reviewer with the latitude to incorporate
14 various studies and not -- rather than
15 referencing one specific list, would have the
16 capability to stay current with any changes in
17 research and studies.
18 THE CHAIRMAN: Okay. Thank you, sir.
19 Mr. Bishop.
20 MR. BISHOP: Thank you, Mr. Chairman.
21 Either Mr. Davis or Mr. Shelton, one or the
22 other, in response to one of the comments that
23 the speaker had about certain species of turf
24 grass that don't require any -- any irrigation
25 such as
Diane M.
Tropia,
39
1 all over the place and it doesn't get irrigated,
2 does just fine.
3 Is there a reason why that would not be
4 allowed in areas that -- I mean, there --
5 going -- somewhere in here there was a reference
6 to certain areas that don't allow turf grass.
7 Why would you not be able to plant grass, should
8 you choose to do so, of a type that doesn't
9 require any irrigation, as long as it's not
10 being irrigated?
11 That's just the question.
12 MR. DAVIS: The overall spirit and intent
13 of the Florida-friendly program through the
14 state, and also the ordinance, would be to
15 encourage and promote plants other than turf
16 grass because of their ecological advantages to
17 wildlife habitat and aesthetic qualities and to
18 help migrating water -- wild fowl and so forth.
19 There's some advantages to reducing the amount
20 of turf or controlling the amount of turf in
21 relation to some other types of plants that
22 would be available.
23 MR. BISHOP: Doesn't that tend to go past
24 the goal of water use reduction to a bit?
25 MR. DAVIS: Yes, it does.
Diane
M. Tropia,
40
1 The water use reduction is one component of
2
3 wildlife is another component of that and
4 another objective that's trying to be addressed
5 by this ordinance.
6 MR. BISHOP: It's interesting. I don't
7 know that I'm -- that's an interesting dynamic
8 that I wasn't aware of that was trying to be
9 done with this, and I don't know that I'm
10 exactly comfortable with some of that at the
11 moment.
12 I've got to think about that. Thanks.
13 THE CHAIRMAN: Thank you, Mr. Bishop.
14 Mr. Joost.
15 MR. JOOST: I was just going to -- through
16 the Chair to Mr. Bishop. I guess, if it's
17 there, you kind of tend to water it too. So if
18 that -- if I've planted -- my tendency just as a
19 person, if I've planted grass and now it turns
20 brown and I want to -- you know, I'm a
21 commercial thing, I want to make my entrance
22 have curb appeal and look friendly to people, my
23 tendency is I'm probably going to water it. So
24 maybe I'm offering that as an explanation.
25 THE CHAIRMAN: Thank you, Mr. Joost.
Diane
M. Tropia,
41
1 Mr. Bishop.
2 MR. BISHOP: Thank you, Mr. Chairman.
3 Through the Chair to Mr. Joost, that's a
4 good point. I would -- from the standpoint of
5 that, you could -- you could make that argument
6 about anywhere on a site, that if it's -- if
7 it's approved today under a certain design
8 scenario, tomorrow you as an owner might decide
9 to do something to get your permit, and then
10 later on --
11 You know, I know this says it's not
12 supposed to need irrigation, but, by golly, I
13 just need to do it, so I'm going to go put
14 irrigation and I'm going to do it anyway.
15 This whole -- this whole concept of
16
17 and large, for the most part, is on the honor
18 system because you can't -- you just -- you
19 can't police this stuff, and so that's where the
20 education component comes in.
21 And if you are going to get into the spirit
22 of not using as much water for irrigation --
23 which is really the whole purpose of this, is to
24 protect our water source. At the end of the
25 day, I think there's some -- some level of logic
Diane M. Tropia,
42
1 to the extent -- to the standpoint of what
2 difference does it make what you plant as long
3 as it doesn't need watering?
4 Now, you should ordinarily plant something
5 that you would expect to grow. And so if you're
6 not going to water it, you want it to be able to
7 grow and it doesn't need a lot of irrigation.
8 So you wouldn't, by nature, tend to plant things
9 that require irrigation if you're not going to
10 water it.
11 And so there are species of grass that
12 simply don't require irrigation, and you -- and
13 you live with it from the standpoint in the
14 winter, when it doesn't rain, it gets brown, and
15 when it comes in the spring and it rains, it
16 turns green.
17 And so from the standpoint of, I guess, a
18 little bit of -- maybe private property rights
19 is stretching this thing just a little bit, but
20 from the standpoint -- if there's no need to
21 dictate what to plant in the spirit of saving
22 water, why do we do that?
23 In a sense -- so that there is an
24 additional mission here, other than just simply
25 controlling water use. It's these other aspects
Diane
M. Tropia,
43
1 that we're talking about. And I guess -- is
2 this -- and maybe it's a half rhetorical
3 question at this point, but at some point we'll
4 have to deal with it.
5 Is this the right venue to have that kind
6 of a discussion? I don't know, and I'm -- and I
7 say that because hearing it now is the first
8 time that that's come to my mind, that there is
9 an underlying theme to this. And it's been my
10 understanding all along that basically we're
11 doing this because we need to control water
12 use. Instead of dumping half of our potable
13 water source on the ground, you know, that's a
14 water source that we can use for people to use
15 that has economic value. And dumping on the
16 ground, while it looks nice, doesn't increase
17 jobs and it doesn't increase the ability for
18 people to live in the state.
19 And so this is an extra mission on top of
20 where that is going and it's something that I'm
21 just now becoming aware of, and that's why I
22 expressed a little bit of consternation, is this
23 the right avenue to go down that road? That's
24 the purpose for my point there.
25 Thanks.
Diane
M. Tropia,
44
1 THE CHAIRMAN: Thank you, Mr. Bishop.
2 Was there a requirement that municipalities
3 or counties adopt
4 certain?
5 MR. DAVIS: Yes, there is. There's both
6 state legislation and rules that --
7 THE CHAIRMAN: What's the date?
8 MR. DAVIS: I'm not aware of the date.
9 MR. SHELTON: To the Council, the state
10 statute said that anytime that you change your
11 landscape code, you have to bring it up to
12
13 saying, if you tweak it once, you need to bring
14 in the
15 So it's not really a hard and fast date,
16 but more as, if you touch your landscape code,
17 it needs to be with
18 it.
19 THE CHAIRMAN: So can some jurisdictions
20 escape adopting
21 avoiding any update of their landscaping code?
22 MR. SHELTON: Well, there's one other point
23 that we wanted to clarify, that the update of
24 the City of
25 Plan does include the consideration for
Diane
M. Tropia,
45
1 Florida-friendly landscaping. So in an effort
2 to try to stay consistent with that, we're
3 trying to not only meet statutes but the comp
4 plan.
5 THE CHAIRMAN: Well, I understand.
6 I just -- my point is one of -- we're doing
7 it. How do we make sure everybody else is doing
8 it as well? I mean, what --
9 Mr. Reingold.
10 MR. REINGOLD: To the Chair, to answer that
11 question. Actually, there's another provision
12 of the
13 granted the authority to the Water Management
14 Districts to -- when they review consumptive use
15 permits, they review them with respect to
16 whether the local government has adopted a
17 Florida-friendly ordinance.
18 So thus all the communities and counties
19 throughout the state, when their -- when their
20 consumptive use permits are up for review by the
21 management districts, they will be looking to
22 the local governments for how they've dealt with
23 Florida-friendly landscaping.
24 THE CHAIRMAN: Are those for new permits or
25 renewals or both?
Diane
M. Tropia,
46
1 MR. REINGOLD: I'll have to pull up the
2 statute section --
3 THE CHAIRMAN: Sure.
4 MR. REINGOLD: -- but I just -- that's kind
5 of what's being used across the state.
6 THE CHAIRMAN: Well, I mean, I'm not sure I
7 have a whole lot of confidence in the water
8 management districts with regard to -- I mean, I
9 think they might have a tendency to grant the
10 use permit without making sure people are
11 adopting
12 Any idea on what communities have already
13 adopted this?
14 MR. SHELTON: You know, I do believe
15 that -- I want to say
16 County, some of the
17 know
18 friendly briefly. So they've included pieces of
19 it, but not the DEP ordinance as we've done.
20 THE CHAIRMAN: If you have any ability to
21 just kind of measure who has and who hasn't, if
22 it wouldn't be too time consuming, I would be
23 interested in that information prior to Tuesday
24 night.
25 MR. SHELTON: (Nods head.)
Diane M.
Tropia,
47
1 THE CHAIRMAN: All right. Thank you.
2 Anyone else care to address the committee
3 in the public hearing?
4 AUDIENCE MEMBERS: (No response.)
5 THE CHAIRMAN: All right. If not, the
6 public hearing is closed.
7 MR. HOLT: Move the amendment.
8 MR. JOOST: Second.
9 THE CHAIRMAN: Motion on the amendment by
10 Mr. Holt.
11 Was that a second, Mr. Joost?
12 MR. JOOST: (Nods head.)
13 THE CHAIRMAN: Any discussion on the
14 amendment?
15 COMMITTEE MEMBERS: (No response.)
16 THE CHAIRMAN: All right. If not, all
17 those in favor say yes.
18 COMMITTEE MEMBERS: Yes.
19 THE CHAIRMAN: Opposed say no.
20 COMMITTEE MEMBERS: (No response.)
21 THE CHAIRMAN: By your action, you've
22 adopted the amendment.
23 MR. JOOST: Move the bill as amended.
24 MR. HOLT: Second.
25 THE CHAIRMAN: Motion by Mr. Joost, second
Diane M.
Tropia,
48
1 by Mr. Holt.
2 Discussion on the bill as amended?
3 COMMITTEE MEMBERS: (No response.)
4 THE CHAIRMAN: If not, open the ballot.
5 (Committee ballot opened.)
6 MR. CRESCIMBENI: (Votes yea.)
7 MR. HOLT: (Votes yea.)
8 MR. BISHOP: (Votes yea.)
9 MR. JOOST: (Votes yea.)
10 MR. REDMAN: (Votes yea.)
11 (Committee ballot closed.)
12 THE CHAIRMAN: Vote.
13 MS. LAHMEUR: Five yeas, zero nay.
14 THE CHAIRMAN: By your action, you've
15 approved item 1, 2009-864, as amended.
16 Item 2, 2010-261. We have a public
17 hearing. The public hearing is open.
18 I have no speaker cards, so we will
19 continue the public hearing. And there's no
20 other action on that bill.
21 Item 3, 2010-262. Same thing. We'll open
22 the public hearing. I have no speaker cards.
23 We'll continue the public hearing and there's no
24 other action on that bill.
25 Item 4 and 5 are both deferred.
Diane
M. Tropia,
49
1 On page 4, item 6. Who's handling that
2 from the Planning Department?
3 Mr. Kelly.
4 MR. KELLY: This item is a request to
5 withdraw this application. The applicant has
6 requested a withdrawal with fees.
7 THE CHAIRMAN: And the application was
8 never processed or anything?
9 MR. KELLY: That's correct. It was never
10 noticed and no staff report was written.
11 THE CHAIRMAN: So we've expended no funds
12 relating to the application? We've expended no
13 funds?
14 MR. KELLY: That's correct.
15 THE CHAIRMAN: Thank you.
16 All right. Anybody have any quasi-judicial
17 communication to disclose?
18 COMMITTEE MEMBERS: (No response.)
19 THE CHAIRMAN: If not, we have a public
20 hearing on this. The public hearing is open. I
21 have no speaker cards.
22 Anyone care to address the committee?
23 AUDIENCE MEMBERS: (No response.)
24 THE CHAIRMAN: Seeing no one, the public
25 hearing is closed.
Diane M.
Tropia,
50
1 MR. JOOST: Motion to withdraw with fees.
2 MR. HOLT: Second.
3 THE CHAIRMAN: Motion to withdraw with fees
4 by Mr. Joost, second by Mr. Holt.
5 Any discussion?
6 COMMITTEE MEMBERS: (No response.)
7 THE CHAIRMAN: If not, open the ballot.
8 (Committee ballot opened.)
9 MR. CRESCIMBENI: (Votes yea.)
10 MR. HOLT: (Votes yea.)
11 MR. BISHOP: (Votes yea.)
12 MR. JOOST: (Votes yea.)
13 MR. REDMAN: (Votes yea.)
14 (Committee ballot closed.)
15 THE CHAIRMAN: Vote.
16 MS. LAHMEUR: Five yeas, zero nay.
17 THE CHAIRMAN: By your action, you've
18 withdrawn item 6, 2010-312, with a refund of
19 fees.
20 Item 7 we've taken up.
21 Item 8. Mr. Kelly.
22 MR. KELLY: Thank you.
23 Ordinance 2010-344. This is a request for
24 a waiver of road frontage for property located
25 at
Diane
M. Tropia,
51
1 The subject property -- we find that there
2 are practical difficulties in complying with the
3 strict letter of the regulation. The property
4 was essentially split or subdivided to allow for
5 the stormwater retention pond necessary that was
6 required as part of the widening of the Busch
7 Drive right-of-way. And, as such, it makes
8 impractical at this point -- at this juncture
9 with the location of the pond, any remaining use
10 of the remnant parcel other than for a
11 single-family dwelling.
12 The department finds that this reduction is
13 appropriate. It's from 80 to 31 feet. The
14 remainder of the frontage is the stormwater
15 retention pond. So we find that there are
16 practical difficulties in complying with the
17 strict letter of the regulation in this
18 instance, that it's not an attempt to circumvent
19 any subdivision regulations. We find that
20 there's adequate frontage on
21 that this request is not detrimental to the
22 public health and safety, and are recommending
23 approval.
24 THE CHAIRMAN: Thank you, Mr. Kelly.
25 Do any council members -- or committee
Diane M.
Tropia,
52
1 members have any ex-parte communication to
2 disclose?
3 COMMITTEE MEMBERS: (No response.)
4 THE CHAIRMAN: Seeing none, we'll open the
5 public hearing.
6 I have one speaker's card, Robert Carver.
7 (Audience member approaches the podium.)
8 THE CHAIRMAN: Mr. Carver, I just need you
9 to state your name and address for the record.
10 AUDIENCE MEMBER: Robert Carver, 3600
12 THE CHAIRMAN: And you signed the card?
13 MR. CARVER: Yes, I did.
14 I'm not familiar with your proceedings up
15 here. I don't really have any comments on this,
16 but I can answer questions. I'm an agent for
17 the project.
18 THE CHAIRMAN: You're in support of the
19 reduction?
20 MR. CARVER: Yes.
21 THE CHAIRMAN: Okay. Thank you.
22 Any questions from the committee?
23 COMMITTEE MEMBERS: (No response.)
24 THE CHAIRMAN: All right. Thank you,
25 Mr. Carver.
Diane M.
Tropia,
53
1 Anyone else care to address the committee?
2 AUDIENCE MEMBERS: (No response.)
3 THE CHAIRMAN: Seeing no one, the public
4 hearing is closed.
5 MR. HOLT: Move the amendment.
6 MR. JOOST: Second.
7 THE CHAIRMAN: Motion on the amendment to
8 grant the waiver by Mr. Holt, second by
9 Mr. Joost.
10 Discussion?
11 COMMITTEE MEMBERS: (No response.)
12 THE CHAIRMAN: If not, all those in favor
13 say yes.
14 COMMITTEE MEMBERS: Yes.
15 THE CHAIRMAN: Opposed say no.
16 COMMITTEE MEMBERS: (No response.)
17 THE CHAIRMAN: By our action, you've
18 approved the amendment.
19 MR. JOOST: Move the bill as amended.
20 THE CHAIRMAN: Motion by Mr. Joost.
21 Is there a second?
22 MR. BISHOP: Second.
23 THE CHAIRMAN: Mr. Bishop.
24 Any discussion?
25 COMMITTEE MEMBERS: (No response.)
Diane
M. Tropia,
54
1 THE CHAIRMAN: If not, open the ballot.
2 (Committee ballot opened.)
3 MR. CRESCIMBENI: (Votes yea.)
4 MR. HOLT: (Votes yea.)
5 MR. BISHOP: (Votes yea.)
6 MR. JOOST: (Votes yea.)
7 MR. REDMAN: (Votes yea.
8 (Committee ballot closed.)
9 THE CHAIRMAN: Vote.
10 MS. LAHMEUR: Five yeas, zero nays.
11 THE CHAIRMAN: By your action, you've
12 granted the waiver and approved item 2010-344.
13 Top of page 5, item 9.
14 Mr. Kelly.
15 Oh, I'm sorry. This will be Mr. Crofts.
16 MR. CROFTS: Mr. Chairman, members of the
17 committee, application for planned unit
18 development, which is embodied in ordinance
19 2010-370, seeks to rezone 2.27 acres of land
20 from RLD-60 to PUD.
21 The rezoning to PUD is being sought for the
22 purpose of bringing an existing nonconforming
23 multifamily residential use that was originally
24 constructed in 1970 into compliance with the
25 zoning code.
Diane
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1 Specifically there will be a maximum of
2 52 units with a maximum office space of
3 500 square feet encompassed in the development,
4 an active recreation area. Two thousand square
5 feet on the eastern portion of the property will
6 exist along with common areas that will be
7 included. No new or additional units will be
8 added.
9 Pursuant to the provisions of the ordinance
10 code, specifically 656.125 and .341, the
11 planning staff as well as the Planning
12 Commission has recommended approval and
13 favorable -- and in a favorable light in
14 accordance with the review criteria contained
15 therein which deal with the issue of consistency
16 with the comprehensive plan, concurrency and
17 other impacts on infrastructure, and we
18 recommend approval subject to the following
19 conditions. They are as follows:
20 Number 1, "The development shall be subject
21 to the original legal plan" -- I'm sorry --
22 "legal description dated April 29, 2010."
23 Number 2, "The development shall be subject
24 to the original written description dated
25 April 29, 2010."
Diane
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1 Number 3, "The development shall be subject
2 to the original site plan dated April of 2010."
3 Number 4, "The required transportation
4 improvements shall be made in accordance with
5 the Development Services Division memorandum
6 dated May 18, 2010, or as otherwise approved by
7 the Planning and Development Department."
8 Fifth and finally, "At verification of
9 substantial compliance, the developer shall
10 submit an active recreation amenity plan subject
11 to the review and approval of the Planning and
12 Development Department."
13 Thank you.
14 THE CHAIRMAN: Thank you, Mr. Crofts.
15 This is a quasi-judicial matter. Anybody
16 have any ex-parte communication to disclose?
17 COMMITTEE MEMBERS: (No response.)
18 THE CHAIRMAN: Okay. Seeing none, we --
19 we'll open the public hearing.
20 I have one speaker's card, Jenna Emmons.
21 AUDIENCE MEMBER: I don't need to speak if
22 nobody has any --
23 THE CHAIRMAN: Are you the registered agent
24 for the application?
25 AUDIENCE MEMBER: (Nods head.)
Diane
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1 THE CHAIRMAN: Come on up to the podium and
2 let's get your name and address for the record.
3 (Audience member approaches the podium.)
4 AUDIENCE MEMBER: Jenna Emmons, 126 West
6 THE CHAIRMAN: I know you were trying to
7 stay out of the limelight, but you heard the
8 conditions that were read by the Planning
9 Department?
10 MS. EMMONS: Yes. We're fine with all
11 those.
12 THE CHAIRMAN: Do you agree to those?
13 MS. EMMONS: Yes.
14 THE CHAIRMAN: Okay. Thank you.
15 Any questions from the committee?
16 COMMITTEE MEMBERS: (No response.)
17 THE CHAIRMAN: All right. Thank you,
18 Ms. Emmons.
19 MS. EMMONS: Thank you.
20 THE CHAIRMAN: Anyone else care to address
21 the committee?
22 AUDIENCE MEMBERS: (No response.)
23 THE CHAIRMAN: Seeing no one, the public
24 hearing is closed.
25 MR. JOOST: Move the amendment.
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1 MR. BISHOP: Second.
2 THE CHAIRMAN: Motion on the amendment by
3 Mr. Joost, second by Mr. Bishop.
4 Discussion?
5 COMMITTEE MEMBERS: (No response.)
6 THE CHAIRMAN: All those in favor say yes.
7 COMMITTEE MEMBERS: Yes.
8 THE CHAIRMAN: Opposed say no.
9 COMMITTEE MEMBERS: (No response.)
10 THE CHAIRMAN: By our action, you've
11 approved the amendment.
12 MR. JOOST: Move the bill as amended.
13 MR. BISHOP: Second.
14 THE CHAIRMAN: Motion by Mr. Joost on the
15 bill as amended, second by Mr. Bishop.
16 Discussion?
17 COMMITTEE MEMBERS: (No response.)
18 THE CHAIRMAN: If there's none, open the
19 ballot.
20 (Committee ballot opened.)
21 MR. CRESCIMBENI: (Votes yea.)
22 MR. HOLT: (Votes yea.)
23 MR. BISHOP: (Votes yea.)
24 MR. JOOST: (Votes yea.)
25 MR. REDMAN: (Votes yea.)
Diane M.
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1 (Committee ballot closed.)
2 THE CHAIRWOMAN: Vote.
3 MS. LAHMEUR: Five yeas, zero nays.
4 THE CHAIRMAN: By our action, you've
5 approved item 2010-370 as amended -- I'm sorry,
6 item 9, 2010-370, as amended.
7 Item 10.
8 Mr. Crofts.
9 MR. CROFTS: Yes, sir.
10 Mr. Chairman, members of the committee,
11 application for planned unit development
12 2010-371 seeks to rezone approximately
13 twelve-hundredths of an acre of land from RMD-D
14 to PUD for the purpose of permitting limited
15 commercial office uses.
16 The proposed use will occupy the property
17 containing an 884-square-foot detached
18 single-family residence constructed in 1923.
19 Substantial renovations have been made to the
20 vacant residence, as well as to the exterior of
21 the residence, including landscaping and
22 fencing.
23 The intent of the PUD is that the existing
24 residence be occupied and maintained in a manner
25 that maintains its residential character. No
Diane
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1 material changes shall be made to the
2 structure.
3 Once again, pursuant to the ordinance code,
4 specifically section 656.125 and .341, the
5 Planning Department and the Planning Commission
6 have recommended approval and in favor -- and in
7 a favorable light with that criteria in
8 accordance with its review in terms of
9 consistency with the comprehensive plan,
10 concurrency, impacts on related development, and
11 its general consistency with the area that it's
12 located.
13 Staff recommends approval with the
14 following conditions:
15 Number 1, "The development shall be subject
16 to the original legal description dated May 10,
17 2010."
18 Number 2, "The development shall be subject
19 to the original written description dated
20 May 10, 2010."
21 Number 3, "The development shall be subject
22 to the original site plan dated May 10, 2010."
23 Number 4, "The development of the property
24 shall proceed in accordance with the Development
25 Services Division memorandum dated May 18, 2010,
Diane M.
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1 or as otherwise approved by the Planning and
2 Development Department."
3 Fifth and finally, "Any exterior
4 alterations to the existing structure shall be
5 sought through a minor modification."
6 That's it.
7 THE CHAIRMAN: Thank you, Mr. Crofts.
8 Anybody have any ex-parte communication to
9 declare?
10 COMMITTEE MEMBERS: (No response.)
11 THE CHAIRMAN: Seeing none, we'll open the
12 public hearing.
13 I have one speaker's card, Mike Saylor.
14 (Mr. Saylor approaches the podium.)
15 THE CHAIRMAN: I need your name and address
16 for the record.
17 MR. SAYLOR: Yes, sir.
18 Mike Saylor,
19 THE CHAIRMAN: And you signed the card?
20 MR. SAYLOR: I did.
21 THE CHAIRMAN: Thank you.
22 MR. SAYLOR: I'm just here for questions.
23 I have no further conditions.
24 THE CHAIRMAN: Do you accept the conditions
25 that were read into --
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1 MR. SAYLOR: We do. We have previously.
2 Thank you.
3 THE CHAIRMAN: Thank you, sir.
4 Any questions from the committee?
5 COMMITTEE MEMBERS: (No response.)
6 THE CHAIRMAN: All right. Thank you,
7 Mr. Saylor.
8 Anyone else care to address the committee?
9 AUDIENCE MEMBERS: (No response.)
10 THE CHAIRMAN: Seeing no one, the public
11 hearing is closed.
12 MR. JOOST: Move the amendment.
13 MR. BISHOP: Second.
14 THE CHAIRMAN: A motion on the amendment by
15 Mr. Joost, second by Mr. Bishop.
16 Any discussion?
17 COMMITTEE MEMBERS: (No response.)
18 THE CHAIRMAN: If not, all those in favor
19 say yes.
20 COMMITTEE MEMBERS: Yes.
21 THE CHAIRMAN: Opposed say no.
22 COMMITTEE MEMBERS: (No response.)
23 THE CHAIRMAN: By our action, you've
24 adopted the amendment.
25 MR. HOLT: Move the bill as amended.
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1 MR. JOOST: Second.
2 THE CHAIRMAN: Motion by Mr. Holt, second
3 by Mr. Joost.
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. JOOST: (Votes yea.)
12 MR. REDMAN: (Votes yea.)
13 (Committee ballot closed.)
14 THE CHAIRWOMAN: Vote.
15 MS. LAHMEUR: Five yeas, zero nays.
16 THE CHAIRMAN: By your action, you've
17 approved item 10, 2010-371, as amended.
18 Item 11. Mr. Crofts.
19 MR. CROFTS: Yes, sir.
20 Application for PUD ordinance 2010-372
21 seeks to rezone 4.47 acres of land from PUD to
22 PUD.
23 The rezoning to PUD is being sought for the
24 purposes of developing the property with a
25 church use, specifically
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1 Church. The site plan depicts a facility
2 consisting of two buildings of approximately
3 15,000 square feet.
4 The property is currently developed as part
5 of the previous New Covenant Ministries PUD.
6 Access to the property will be from
8 Again, I reiterate in this particular
9 instance that the department and the Planning
10 Commission reviewed this in terms of its
11 consistency with the criteria identified in 656
12 of the ordinance code, specifically the zoning
13 code, in terms of its consistency with the
14 comprehensive plan and other criteria,
15 internally and externally, that relate to the
16 development.
17 Also, this development is an institutional
18 use. It's located -- it is part of the
19 previously done
20 and is consistent with that particular document
21 and its recommendations.
22 Staff recommends approval with four
23 conditions and they are as follows:
24 "The development shall be subject to the
25 original legal description dated April 27,
Diane
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1 2010."
2 Number 2, "The development shall be subject
3 to the original written description dated
4 April 27, 2010."
5 Number 3, "The development shall be subject
6 to the original site plan dated May 2010."
7 Fourth and finally, "Transportation
8 improvements shall be made in accordance with
9 the Development Services Division memorandum
10 dated May 18, 2010, or as otherwise approved by
11 the Planning and Development Department."
12 Thank you.
13 THE CHAIRMAN: Thank you, Mr. Crofts.
14 Any ex-parte communication to declare?
15 COMMITTEE MEMBERS: (No response.)
16 THE CHAIRMAN: Seeing none, we'll open the
17 public hearing.
18 Any speakers' cards on this item?
19 Sharonda, none?
20 MS. DAVIS: No.
21 THE CHAIRMAN: Anyone care to address --
22 (Audience member approaches the podium.)
23 AUDIENCE MEMBER: My name is William
24 McGill.
I reside at
25
Diane M.
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1 THE CHAIRMAN: Mr. McGill, you signed the
2 card?
3 MR. MCGILL: Yes.
4 THE CHAIRMAN: Thank you.
5 MR. MCGILL: We accept the conditions.
6 THE CHAIRMAN: That was my next question.
7 Very good. Thank you.
8 MR. MCGILL: Thanks.
9 THE CHAIRMAN: All right. Anyone else care
10 to address the committee?
11 AUDIENCE MEMBERS: (No response.)
12 THE CHAIRMAN: All right. Seeing no one,
13 the public hearing is closed.
14 MR. JOOST: Move the amendment.
15 MR. HOLT: Second.
16 THE CHAIRMAN: A motion on the amendment by
17 Mr. Joost, second by Mr. Holt.
18 Any discussion?
19 COMMITTEE MEMBERS: (No response.)
20 THE CHAIRMAN: All those in favor say yes.
21 COMMITTEE MEMBERS: Yes.
22 THE CHAIRMAN: Opposed say no.
23 COMMITTEE MEMBERS: (No response.)
24 THE CHAIRMAN: By your action, you've
25 approved the amendment.
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1 MR. BISHOP: Move the bill as amended.
2 MR. HOLT: Second.
3 THE CHAIRMAN: A motion on the bill by
4 Mr. Bishop, second by Mr. Holt.
5 Any discussion?
6 COMMITTEE MEMBERS: (No response.)
7 THE CHAIRMAN: If not, open the ballot.
8 (Committee ballot opened.)
9 MR. CRESCIMBENI: (Votes yea.)
10 MR. HOLT: (Votes yea.)
11 MR. BISHOP: (Votes yea.)
12 MR. JOOST: (Votes yea.)
13 MR. REDMAN: (Votes yea.)
14 (Committee ballot closed.)
15 THE CHAIRWOMAN: Vote.
16 MS. LAHMEUR: Five yeas, zero nays.
17 THE CHAIRMAN: By your action, you've
18 approved item 11, 2010-372, as amended.
19 Top of page 6, item 12.
20 Mr. Crofts.
21 MR. CROFTS: Mr. Chairman and members of
22 the committee, it is my understanding that this
23 bill will be actually substituted. The
24 substitute will basically reflect a change in
25 the recommended zoning classification from
Diane M.
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1 RLD-60 to RLD-80 and we will proceed with that
2 following the instructions of this committee as
3 well as properly advertised in the legislation.
4 THE CHAIRMAN: Thank you, Mr. Crofts.
5 Mr. Reingold, do we need to ask for
6 ex-parte on something we're going to rerefer?
7 MR. REINGOLD: No.
8 THE CHAIRMAN: Okay. I'm going to cross
9 that off my agenda, then.
10 All right. We have a public hearing on
11 this bill tonight.
12 The public hearing is open.
13 I have no speaker cards. Anyone care to
14 address the committee?
15 AUDIENCE MEMBERS: (No response.)
16 THE CHAIRMAN: Seeing no one, the public
17 hearing is closed.
18 MR. HOLT: Let's move the sub.
19 MR. JOOST: Second.
20 THE CHAIRMAN: Motion on the sub by
21 Mr. Holt, second by Mr. Joost.
22 Discussion on the sub?
23 COMMITTEE MEMBERS: (No response.)
24 THE CHAIRMAN: If not, all those in favor
25 say yes.
Diane M. Tropia,
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1 COMMITTEE MEMBERS: Yes.
2 THE CHAIRMAN: Opposed say no.
3 COMMITTEE MEMBERS: (No response.)
4 THE CHAIRMAN: By our action, you've
5 adopted the sub. And this bill was
6 rereferred -- oh, we've got to vote on that.
7 I'm sorry. All right.
8 MR. BISHOP: Move to rerefer.
9 MR. JOOST: As substituted.
10 THE CHAIRMAN: Motion by Mr. Bishop to
11 rerefer as substituted, second by Mr. Joost.
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. JOOST: (Votes yea.)
20 MR. REDMAN: (Votes yea.)
21 (Committee ballot closed.)
22 THE CHAIRWOMAN: Vote.
23 MS. LAHMEUR: Five yeas, zero nay.
24 THE CHAIRMAN: And by your action, you have
25 substituted 2010-373, and that is rereferred to
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1 committee.
2 Item 13. Mr. Crofts.
3 Oh, I'm sorry. We're just going to have a
4 public hearing on this.
5 The public hearing is open. Anyone care to
6 address the committee?
7 AUDIENCE MEMBERS: (No response.)
8 THE CHAIRMAN: All right. Seeing no one,
9 the public hearing is continued and no other
10 action on this bill.
11 Item 14 is deferred at the request of the
12 district councilperson.
13 Top of page 7. Item 15 is deferred.
14 Item 16. Mr. Kelly.
15 MR. KELLY: Thank you.
16 To the Chair and members of the LUZ
17 Committee, ordinance 2010-448 is a waiver of
18 road frontage for property located at 2236 Jones
19 Road. The request is to allow a reduction in
20 the required road frontage from eighty feet to
21 zero feet.
22 The subject property has some practical
23 difficulties. The -- originally, the applicant
24 had basically agreed to do what's called lineal
25 consanguinity, which removes any road frontage
Diane M.
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1 requirement. The surrounding properties are
2 owned by his father and sister, who currently
3 live on the larger tract of land.
4 As such, the City, again, approved a
5 foundation plan for a house to be built on the
6 subject property. However, the financing --
7 because of lineal consanguinity, was unable to
8 obtain financing for the full development of the
9 house, and so the -- the uniqueness of this
10 application is all the surrounding property is
11 owned by a direct family member in this
12 instance.
13 The department feels that this is -- again,
14 this is not circumventing the intent of the
15 subdivision regulations; however, there are true
16 practical hardships and economic hardship in the
17 cost of compliance.
18 The City, again, finds that there is an
19 affected easement through the grant of the
20 waiver with a -- specific conditions I'll read
21 into the record, and finds that this location is
22 readily visible and will be addressed according
23 from [sic]
24 conditioned.
25 The conditions are, the --
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1 Condition 1 shall read that, "The applicant
2 shall have mailboxes with addresses clearly
3 posted, the applicant's home."
4 Condition 2, "Prior to obtaining a
5 certificate of occupancy, the applicant shall
6 record an easement for at least 30 feet in width
7 connected to
8 property."
9 With those two conditions, staff is
10 recommending approval.
11 THE CHAIRMAN: Mr. Kelly, the first
12 condition, that mailbox needs to be for the
13 applicant's home and the applicant's sister's
14 home; is that correct?
15 MR. KELLY: The applicant's sister's
16 home -- I'll defer to the applicant, but because
17 it's off the subject property, it wasn't -- the
18 department felt it was not a condition that
19 could be imposed on property that was not bound
20 or tied to this legal description. The house is
21 there, they already have a mailbox. They're
22 getting mail delivery today.
23 So we recommended to strike that portion of
24 the condition that refers the applicant's
25 sister's home, and just -- and just leave it
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1 with the applicant's home shall be --
2 THE CHAIRMAN: So the applicant's shall
3 have mail -- shall have a mailbox with the
4 address clearly posted of the applicant's home
5 on
6 MR. KELLY: That's correct.
7 Thank you.
8 THE CHAIRMAN: All right.
9 Any ex-parte communication to declare?
10 COMMITTEE MEMBERS: (No response.)
11 THE CHAIRMAN: Seeing none, we have a
12 public hearing.
13 The public hearing is open. I have one
14 speaker's card, Mr. Keene, Kenneth.
15 (Audience member approaches the podium.)
16 AUDIENCE MEMBER: I'm Kenneth Keene, Jr.,
18 THE CHAIRMAN: And you signed the card,
19 sir?
20 MR. KEENE: Yes, sir.
21 THE CHAIRMAN: All right. And did you hear
22 the conditions?
23 MR. KEENE: Yes, sir.
24 THE CHAIRMAN: You accept those?
25 MR. KEENE: Yes, sir.
Diane M.
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1 THE CHAIRMAN: Is there anything else you
2 want to --
3 MR. KEENE: No, sir.
4 THE CHAIRMAN: All right. Any questions
5 for Mr. Keene?
6 COMMITTEE MEMBERS: (No response.)
7 THE CHAIRMAN: All right. Thank you,
8 Mr. Keene.
9 Anyone else care to address the committee?
10 AUDIENCE MEMBERS: (No response.)
11 THE CHAIRMAN: Seeing no one, the public
12 hearing is closed.
13 MR. JOOST: Move the amendment with
14 conditions.
15 THE CHAIRMAN: To grant or deny?
16 MR. JOOST: Grant.
17 THE CHAIRMAN: Motion to grant the waiver
18 with the conditions as described by Mr. Joost.
19 Is there a second?
20 MR. REDMAN: Second the motion.
21 THE CHAIRMAN: Second by Mr. Redman.
22 Discussion?
23 COMMITTEE MEMBERS: (No response.)
24 THE CHAIRMAN: If not, all those in favor
25 say yes.
Diane M.
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1 COMMITTEE MEMBERS: Yes.
2 THE CHAIRMAN: Opposed say no.
3 COMMITTEE MEMBERS: (No response.)
4 THE CHAIRMAN: By your action, you've
5 adopted the amendment.
6 MR. JOOST: Move to grant the waiver as
7 amended.
8 MR. HOLT: Second.
9 THE CHAIRMAN: Motion on the bill by
10 Mr. Joost, second by Mr. Holt.
11 Discussion?
12 COMMITTEE MEMBERS: (No response.)
13 THE CHAIRMAN: Seeing none, open the
14 ballot.
15 (Committee ballot opened.)
16 MR. CRESCIMBENI: (Votes yea.)
17 MR. HOLT: (Votes yea.)
18 MR. BISHOP: (Votes yea.)
19 MR. JOOST: (Votes yea.)
20 MR. REDMAN: (Votes yea.)
21 (Committee ballot closed.)
22 THE CHAIRWOMAN: Vote.
23 MS. LAHMEUR: Five yeas, zero nays.
24 THE CHAIRMAN: By your action, you have
25 approved 2010-448 by granting the waiver with
Diane M.
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1 the conditions.
2 Item 17.
3 MR. JOOST: Move the bill --
4 THE CHAIRMAN: We've got to have a little
5 public hearing.
6 Mr. Reingold, did you have your hand up?
7 MR. REINGOLD: No.
8 THE CHAIRMAN: All right. We have a public
9 hearing on 2010-449. The public hearing is
10 open.
11 I have no speaker cards. Anyone care to
12 address the committee?
13 AUDIENCE MEMBERS: (No response.)
14 THE CHAIRMAN: Seeing no one, the public
15 hearing is closed.
16 Now, Mr. Joost.
17 MR. JOOST: Move the bill.
18 MR. REDMAN: Second.
19 THE CHAIRMAN: Motion by Mr. Joost, second
20 by Mr. Redman.
21 Discussion?
22 COMMITTEE MEMBERS: (No response.)
23 THE CHAIRMAN: If not, open the ballot.
24 (Committee ballot opened.)
25 MR. CRESCIMBENI: (Votes yea.)
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1 MR. HOLT: (Votes yea.)
2 MR. BISHOP: (Votes yea.)
3 MR. JOOST: (Votes yea.)
4 MR. REDMAN: (Votes yea.)
5 (Committee ballot closed.)
6 THE CHAIRWOMAN: Vote.
7 MS. LAHMEUR: Five yeas, zero nays.
8 THE CHAIRMAN: By your action, you have
9 approved item 17, 2010-449.
10 Turning to the top of page 8, item 18.
11 Mr. Crofts, are you handling this?
12 Mr. Huxford? Who is handling this?
13 Mr. Kelly.
14 MR. KELLY: Thank you.
15 To the Chair and to the committee members,
16 ordinance 2010-450. This is new legislation
17 that is really done to streamline the review
18 process in dealing with multiple applications as
19 the department routinely sees applications that
20 require both Planning Commission approval as
21 well as administrative deviations which would be
22 approved by the Zoning Administrator and vice
23 versa.
24 There's applications that come before you
25 that would also require Planning Commission
Diane
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1 approval or an administrative deviation.
2 Specifically, this is kind of set up in terms of
3 a hierarchy of the -- the higher reviewing body
4 basically taking the applications that would be
5 otherwise reviewed by the lesser body, the
6 Planning Commission or the administrative
7 deviation, and -- through the Zoning
8 Administrator.
9 We would have basically exceptions and
10 variances, waivers of liquor distance, and minor
11 modifications that also required an
12 administrative deviation to require that
13 administrative deviation to go to the Planning
14 Commission. So anything that the Planning
15 Commission had final action on in conjunction
16 with administrative deviation would be heard
17 entirely by the Planning Commission.
18 Additionally, anything the LUZ Committee
19 and the Council would have final action on in
20 terms of waivers of road frontage and sign
21 waivers in combination with an exception or
22 variance or with an administrative deviation,
23 the LUZ Committee would have final action on all
24 of those applications, the exception, the
25 variance, as well as the administrative
Diane
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1 deviation. They would be reviewed concurrently
2 at one hearing.
3 We basically find that that would help to
4 streamline the process and eliminate existing
5 redundancies that are in the system when we see
6 an application. For instance, that's already
7 been approved at the LUZ level, but then there's
8 an identical request to reduce a yard
9 requirement in conjunction with a sign waiver
10 that's been granted relief already.
11 And so this basically combines those
12 functions into one body, and we find that that
13 is going to be really a more efficient way of
14 dealing with the hearings on all of the
15 applications, to take them all under
16 consideration at the same time, with the higher
17 authority, of course, reviewing ultimately to
18 that level.
19 So the department finds, again, that this,
20 again, furthers the comprehensive plan by
21 streamlining the application process, and we
22 fully support this application -- this
23 ordinance.
24 THE CHAIRMAN: Thank you, Mr. Kelly.
25 We have a public hearing scheduled on this
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1 bill.
2 The public hearing is open. I have no
3 speakers' cards.
4 Anyone care to address the committee?
5 AUDIENCE MEMBERS: (No response.)
6 THE CHAIRMAN: Seeing no one, the public
7 hearing is closed.
8 MR. JOOST: Move the bill.
9 MR. REDMAN: Second.
10 THE CHAIRMAN: Motion by Mr. Joost, second
11 by Mr. Redman.
12 Any 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. JOOST: (Votes yea.)
20 MR. REDMAN: (Votes yea.)
21 (Committee ballot closed.)
22 THE CHAIRWOMAN: Vote.
23 MR. KELLY: I did want to just bring up one
24 thing, that the Downtown Development Review
25 Board is exempt from this. That's the only
Diane
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1 agency that would be exempt from having their
2 applications moved to the LUZ and Council
3 committees.
4 THE CHAIRMAN: Thank you, Mr. Kelly.
5 MS. LAHMEUR: Five yeas, zero nays.
6 THE CHAIRMAN: By your action, you've
7 approved item 18, 2010-450.
8 Mr. Kelly, what was the nature of the --
9 was that a request from the downtown development
10 to not -- why don't they want to be exempt?
11 MR. KELLY: Well, the Downtown Development
12 Review Board, they feel they have, you know, the
13 specific ability in dealing with the downtown
14 and their expertise and their knowledge that --
15 downtown and everything, that they didn't want
16 to remove themselves from that process.
17 THE CHAIRMAN: Thank you, sir.
18 Items 19, 20, 21 and 22, the balance of
19 page 8 are all second rerefer.
20 Items 23 through 27, all of page 9, are
21 second rerefer.
22 Likewise, page 10, items 28 through 33 are
23 second and rerefer.
24 However, item 31 -- we are going to have a
25 special workshop on item 31 that will begin at
Diane M.
Tropia,
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1 4:30 two weeks from today, from 4:30 to 5:00, so
2 please mark your calendar according. That's at
3 the request of the Planning Department. So
4 we'll be back here at 4:30 for a workshop and
5 start our regular meeting at 5:00.
6 Page 11, items 34 through 38 are all second
7 and refer.
8 And that completes our agenda.
9 Is there anything else to come before the
10 committee?
11 COMMITTEE MEMBERS: (No response.)
12 THE CHAIRMAN: All right. Seeing none,
13 then this meeting is adjourned.
14 Thank you.
15 (The above proceedings were adjourned at
16 6:09 p.m.)
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Diane M.
Tropia,
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1 C E R T I F I C A T E
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3 STATE OF
4 COUNTY OF DUVAL :
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6 I, Diane M. Tropia, certify that I was
7 authorized to and did stenographically report the
8 foregoing proceedings and that the transcript is a
9 true and complete record of my stenographic notes.
10 Dated this 25th day of July, 2010.
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14 Diane M. Tropia
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Diane
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