1 CITY OF
2 LAND USE AND ZONING
3 COMMITTEE
4
5
6 Proceedings held on Tuesday, June 15, 2010,
7 commencing at 5:05 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 RAY HOLT, Chair.
WARREN JONES, Vice Chair.
14 REGINALD BROWN, Committee Member.
DANIEL DAVIS, Committee Member.
15 JOHNNY GAFFNEY, Committee Member.
STEPHEN JOOST, Committee Member.
16 DON REDMAN, Committee Member.
17
ALSO PRESENT:
18
CLAY YARBOROUGH, City Council Member.
19 JOHN CROFTS, Deputy Director, Planning Dept.
SEAN KELLY, Chief, Current Planning.
20 FOLKS HUXFORD, Zoning Administrator.
JASON GABRIEL, Office of General Counsel.
21 DYLAN REINGOLD, Office of General Counsel.
RICK CAMPBELL, Research Assistant.
22 MERRIANE LAHMEUR, Legislative Assistant.
JESSICA STEPHENS, Legislative Assistant.
23 SHARONDA DAVIS, Legislative Assistant.
24 - - -
25
Diane M.
Tropia,
2
1 P R O C E E D I N G S
2 June 15, 2010 5:05 p.m.
3 - - -
4 THE CHAIRMAN: Good evening, everybody.
5 All right. We have a decent size agenda
6 tonight for the first time in a while. This is
7 our last night before our July break.
8 All right. Is everybody ready?
9 MR. JOOST: We're ready.
10 THE CHAIRMAN: We're going to bounce around
11 a little bit. We have Mr. Yarborough with us
12 tonight, and so we're going to take up his item
13 first.
14 I believe that is item number 11; is that
15 right, sir?
16 MR. YARBOROUGH: Page 5, yes, sir.
17 THE CHAIRMAN: Top of page 5, council
18 members. Everybody ready on that?
19 COMMITTEE MEMBERS: (Nod heads.)
20 THE CHAIRMAN: We will open the public
21 hearing on 2010-341. And there is an amendment.
22 Mr. Crofts, do we want to hear from you
23 first about that?
24 MR. CROFTS: Yes. Mr. Chairman, members of
25 the committee, the amendment consists of three
Diane M.
Tropia,
3
1 conditions that are contingent to or a part of
2 the PUD, and I'll read them into the record for
3 your review.
4 They begin with number 1, "The development
5 shall be subject to the original legal
6 description dated February 2nd, 2010."
7 Number 2, "The development shall be subject
8 to the revised written description dated
9 June 3rd, 2010."
10 And number 3, "The development shall be
11 subject to the original site plan dated
12 February 2nd, 2010."
13 That consists of your amendment, sir.
14 THE CHAIRMAN: Thank you, sir.
15 We have one speaker, Pam Drury, for
16 questions only.
17 Are you available?
18 MS. DRURY: Yes.
19 THE CHAIRMAN: Okay. There you are.
20 Are you okay with all those conditions as
21 they were read?
22 MS. DRURY: Yes.
23 THE CHAIRMAN: Thank you, ma'am.
24 All right. Seeing no other speakers --
25 MR. YARBOROUGH: I have ex-parte.
Diane M.
Tropia,
4
1 THE CHAIRMAN: Mr. Yarborough.
2 MR. YARBOROUGH: Thank you, Mr. Chairman.
3 I just want to declare ex-parte for this
4 bill. I spoke to Ms. Drury with Ash Properties
5 on May 18th at 4:15 -- from 4:15, 4:30 in my
6 office here at City Hall. We discussed
7 permissible uses by right and by exception and
8 also the impact on the surrounding
9 neighborhoods.
10 Thank you.
11 THE CHAIRMAN: Excellent. Thank you, sir.
12 Okay. Anyone else need to speak?
13 COMMITTEE MEMBERS: (No response.)
14 THE CHAIRMAN: If not, we'll close the
15 public hearing.
16 I need somebody to move the amendment.
17 MR. JONES: Move the amendment.
18 MR. JOOST: Second.
19 THE CHAIRMAN: I have a motion and second
20 on the amendment.
21 All in favor of the amendment say yes.
22 COMMITTEE MEMBERS: Yes.
23 THE CHAIRMAN: Amendment passes.
24 MR. JONES: Move the bill as amended.
25 MR. JOOST: Second.
Diane M.
Tropia,
5
1 THE CHAIRMAN: Motion and second on the
2 bill as amended.
3 Please open the ballot.
4 (Committee ballot opened.)
5 MR. HOLT: (Votes yea.)
6 MR. JONES: (Votes yea.)
7 MR. BROWN: (Votes yea.)
8 MR. DAVIS: (Votes yea.)
9 DR. GAFFNEY: (Votes yea.)
10 MR. JOOST: (Votes yea.)
11 MR. REDMAN: (Votes yea.)
12 (Committee ballot closed.)
13 THE CHAIRMAN: Close the ballot, record the
14 vote.
15 MS. LAHMEUR: Seven yeas, zero nay.
16 THE CHAIRMAN: By your action, you have
17 approved 2010-341.
18 MR. YARBOROUGH: Mr. Chairman, committee,
19 appreciate it.
20 THE CHAIRMAN: Thank you, sir. We'll see
21 you next month.
22 All right. Now let's go back to page 2,
23 council members, item 1, and the companion for
24 that is item number 42, so I'm going to open
25 both of those public hearings. And we have
Diane M. Tropia,
6
1 Duncan Ross here for questions only.
2 Do I have anybody that needs to declare an
3 ex-parte on 2009-530?
4 COMMITTEE MEMBERS: (No response.)
5 THE CHAIRMAN: None? All right.
6 All right. Seeing no speakers, we will
7 close the public hearing.
8 MR. JONES: Move the amendment.
9 MR. JOOST: Second.
10 MR. REINGOLD: Hold on.
11 THE CHAIRMAN: You're right. I probably
12 need to have Mr. Crofts read that amendment,
13 don't I?
14 MR. DAVIS: (Inaudible.)
15 THE CHAIRMAN: On -530.
16 MR. CROFTS: Okay. The amendment on -530,
17 the companion PUD, is as follows:
18 Condition number 1, "The development shall
19 be subject to the revised legal description
20 dated June 9th, 2010."
21 Number 2, "The development shall be subject
22 to the original written description dated
23 January 5th, 2010."
24 Number 3, "The development shall be subject
25 to the original site plan dated June 3rd, 2009."
Diane M.
Tropia,
7
1 Number 4, "The required transportation
2 improvements shall be made in accordance with
3 the Development Services memorandum dated
4 July 9th, 2009, and the Transportation Planning
5 memorandum dated July 9th, 2009, or as otherwise
6 approved by the Planning and Development
7 Department."
8 Number 5, "There shall be a 30-foot-wide,
9 undisturbed, natural buffer on each side of the
10 center line of Little Trout Creek."
11 Number 6, "No recreation amenities shall be
12 located within the JEA easement."
13 Number 7, "The subdivision identification
14 signs shall not be externally illuminated."
15 Number 8 and finally, "The commercial
16 portions shall be developed in accordance with
17 policies 1.1.3(a), 1.1.14, 1.2.1(b), 1.2.2(a),
18 1.2.2(c), and 1.2.2(o) in the
19 Design Guidelines and Best Practices Handbook."
20 That's it.
21 THE CHAIRMAN: Mr. Reingold.
22 MR. REINGOLD: Sorry, Mr. Crofts.
23 I believe we were talking yesterday about
24 an additional condition that was going to be a
25 part of this, which was that single-family
Diane
M. Tropia,
8
1 houses shall be a minimum of 2,000 gross square
2 feet and that townhomes shall be a minimum of
3 1,500 gross square feet.
4 MR. CROFTS: That is correct. You are --
5 you are right.
6 THE CHAIRMAN: Was that the amendment that
7 was included in item 42?
8 MR. CROFTS: Actually, Mr. Chairman, we
9 were going to include that -- it was in the
10 written description, but I think you wanted to
11 make it part of the ordinance. So, therefore,
12 it would have to come back to -- through this
13 body for any modification. That's the way I
14 understood it.
15 THE CHAIRMAN: Okay. I --
16 MR. REINGOLD: Would we like to clarify
17 that that's heated and cooled space or is
18 that -- Mr. Crofts, does -- do you think it
19 requires any additional clarification?
20 THE CHAIRMAN: Mr. Ross, could you come
21 up?
22 (Mr. Ross approaches the podium.)
23 MR. CROFTS: Our interpretation would be to
24 specify it to include heated and cooled.
25 THE CHAIRMAN: Okay. Mr. Ross, are you
Diane
M. Tropia,
9
1 okay with those conditions as they were read?
2 MR. ROSS: Yeah. We -- we've discussed
3 these with staff before, so we're aware of them.
4 THE CHAIRMAN: All right. Do you need to
5 go over anything on item 42? There's an
6 amendment on that too, Mr. Crofts.
7 MR. CROFTS: Yes. The amendment for the
8 land use includes a correction that our legal
9 counsel and the Planning Department are in
10 concurrence with modifying as it relates to the
11 type of amendment this is and the process that
12 it goes through, and I will refer to legal
13 counsel for that further explanation.
14 MR. REINGOLD: To the Chair, there are
15 two -- there's one amendment, but two different
16 issues with the amendment.
17 First off, one is JEA should be added to
18 the ownership section of the bill. Second off
19 is -- I think the correct reference in this
20 bill, and all of our semiannual bills, should
21 reflect 163.32465 of the
22 is the pilot program. Just our format or
23 template that we've used for semiannuals hasn't
24 been updated. My suggestion is that we do that
25 for all the semiannual bills and it will
Diane M.
Tropia,
10
1 essentially just be to reference that section
2 that is -- that would be consistent throughout
3 all the bills.
4 THE CHAIRMAN: Okay. Well, we need to
5 amend each one of these as we go through or --
6 MR. REINGOLD: That would be my
7 recommendation, sir.
8 THE CHAIRMAN: Well, keep me on track on
9 that in case I'm --
10 MR. JOOST: (Off microphone.)
11 THE CHAIRMAN: Okay.
12 MR. JOOST: That will be the Reingold
13 Amendment.
14 THE CHAIRMAN: Okay. Mr. Ross, are you
15 okay with all those, in agreement, and it's all
16 clear?
17 MR. ROSS: Yes, yes, and yes.
18 THE CHAIRMAN: Okay. Thank you.
19 Well, then I need someone to move the
20 amendment on item number 1.
21 MR. DAVIS: Move it.
22 MR. JONES: Second.
23 THE CHAIRMAN: Motion and second on the
24 amendment.
25 MR. REINGOLD: I think it would be proper
Diane
M. Tropia,
11
1 to start with item number 42, sir --
2 THE CHAIRMAN: Start with the land use?
3 MR. REINGOLD: -- which is the land use.
4 THE CHAIRMAN: Okay.
5 MR. JOOST: Move the amendment on item 42.
6 DR. GAFFNEY: Second.
7 THE CHAIRMAN: Motion and second on the
8 amendment.
9 All in favor say yes.
10 COMMITTEE MEMBERS: Yes.
11 THE CHAIRMAN: The amendment passes.
12 MR. JONES: Move the bill as amended.
13 DR. GAFFNEY: Second.
14 THE CHAIRMAN: Motion and second on
15 item 42, 2010-394.
16 Please open the ballot.
17 (Committee ballot opened.)
18 MR. HOLT: (Votes yea.)
19 MR. JONES: (Votes yea.)
20 MR. BROWN: (Votes yea.)
21 MR. DAVIS: (Votes yea.)
22 DR. GAFFNEY: (Votes yea.)
23 MR. JOOST: (Votes yea.)
24 MR. REDMAN: (Votes yea.)
25 (Committee ballot closed.)
Diane M. Tropia,
12
1 THE CHAIRMAN: Close the ballot, record the
2 vote.
3 MS. LAHMEUR: Seven yeas, zero nay.
4 THE CHAIRMAN: By your action, you have
5 approved 2010-394.
6 I'll go back to item 1, 2009-530. I need
7 someone to move that.
8 MR. JONES: Move the amendment.
9 MR. JOOST: Second.
10 THE CHAIRMAN: I have a motion and second
11 on the amendment.
12 All in favor of the amendment say aye.
13 COMMITTEE MEMBERS: Aye.
14 THE CHAIRMAN: The amendment passes.
15 MR. JONES: Move the bill as amended.
16 MR. JOOST: Second.
17 THE CHAIRMAN: Motion and second on the
18 bill as amended.
19 Please open the ballot.
20 (Committee ballot opened.)
21 MR. HOLT: (Votes yea.)
22 MR. JONES: (Votes yea.)
23 MR. BROWN: (Votes yea.)
24 MR. DAVIS: (Votes yea.)
25 DR. GAFFNEY: (Votes yea.)
Diane
M. Tropia,
13
1 MR. JOOST: (Votes yea.)
2 MR. REDMAN: (Votes yea.)
3 (Committee ballot closed.)
4 THE CHAIRMAN: Close the ballot, record the
5 vote.
6 MR. REINGOLD: (Indicating.)
7 MR. JOOST: It incorporates the Reingold
8 Amendment.
9 THE CHAIRMAN: Mr. Reingold.
10 MR. REINGOLD: Just one other thing with
11 the amendment. I -- the amendment should also
12 include the change of the acreage. It's not
13 211 acres; it's 202 acres, but I just want to
14 make that clear.
15 THE CHAIRMAN: Okay. Do we need to
16 revote?
17 MR. REINGOLD: I think that's just kind of
18 incorporated --
19 THE CHAIRMAN: The ballot is still open.
20 MR. REINGOLD: -- a technical issue.
21 THE CHAIRMAN: Mr. Davis.
22 MR. DAVIS: (Off microphone.)
23 THE CHAIRMAN: It says it's -- okay. There
24 we go.
25 MR. HOLT: (Votes yea.)
Diane M.
Tropia,
14
1 MR. JONES: (Votes yea.)
2 MR. BROWN: (Votes yea.)
3 MR. DAVIS: (Votes yea.)
4 DR. GAFFNEY: (Votes yea.)
5 MR. JOOST: (Votes yea.)
6 MR. REDMAN: (Votes yea.)
7 (Committee ballot closed.)
8 THE CHAIRMAN: Close the ballot.
9 MS. LAHMEUR: Seven yeas, zero nay.
10 THE CHAIRMAN: By your action, you have
11 approved 2009-530.
12 Okay. Items 2 and 3 are deferred.
13 Item 4, I need somebody to move the sub.
14 MR. JOOST: Move the substitute.
15 MR. JONES: Second.
16 THE CHAIRMAN: Motion and second on the
17 sub.
18 All in favor of the sub signify by saying
19 aye.
20 COMMITTEE MEMBERS: Aye.
21 THE CHAIRMAN: The sub passes.
22 MR. JOOST: Move the bill as substituted.
23 THE CHAIRMAN: We need to move to rerefer.
24 MR. JOOST: Move to rerefer.
25 MR. DAVIS: Move to rerefer to LUZ.
Diane
M. Tropia,
15
1 THE CHAIRMAN: Motion and second to rerefer
2 back to this committee.
3 Please open the ballot.
4 (Committee ballot opened.)
5 MR. HOLT: (Votes yea.)
6 MR. JONES: (Votes yea.)
7 MR. BROWN: (Votes yea.)
8 MR. DAVIS: (Votes yea.)
9 DR. GAFFNEY: (Votes yea.)
10 MR. JOOST: (Votes yea.)
11 MR. REDMAN: (Votes yea.)
12 (Committee ballot closed.)
13 THE CHAIRMAN: Close the ballot, record the
14 vote.
15 MS. LAHMEUR: Seven yeas, zero nay.
16 THE CHAIRMAN: By your action, you have
17 rereferred 2010-262.
18 All right. Item 5 is -- open the public
19 hearing.
20 Seeing no speakers, we'll continue that to
21 8/30, take no further action.
22 Item 6 is deferred.
23 MR. CROFTS: 8/3.
24 MR. JONES: 8/3.
25 THE CHAIRMAN: I'm sorry. Did I say 8/30?
Diane M. Tropia,
16
1 Item 6 is deferred.
2 Item 7. I'm going to open the public
3 hearing on item 7.
4 Seeing no speakers, we'll continue that to
5 July 20th, take no further action.
6 Item 8, 2010-313. Open the public hearing,
7 and --
8 (Mr. Matovina approaches the podium.)
9 THE CHAIRMAN: Mr. Matovina.
10 Before Mr. Matovina speaks -- oh, we don't
11 have any amendment at all, so -- nothing to go
12 over.
13 You are just here for questions only,
14 Mr. Matovina?
15 MR. MATOVINA: Yes, sir.
16 THE CHAIRMAN: All right. Anybody have
17 anything to ask of Mr. Matovina or need to
18 declare an ex-parte?
19 COMMITTEE MEMBERS: (No response.)
20 THE CHAIRMAN: No? All right. Then we
21 will close the public hearing.
22 MR. JOOST: Move the bill.
23 MR. JONES: Second.
24 THE CHAIRMAN: Motion and second on -313.
25 Please open the ballot.
Diane M.
Tropia,
17
1 (Committee ballot opened.)
2 MR. HOLT: (Votes yea.)
3 MR. JONES: (Votes yea.)
4 MR. BROWN: (Votes yea.)
5 MR. DAVIS: (Votes yea.)
6 DR. GAFFNEY: (Votes yea.)
7 MR. JOOST: (Votes yea.)
8 MR. REDMAN: (Votes yea.)
9 (Committee ballot closed.)
10 THE CHAIRMAN: Close the ballot, record the
11 vote.
12 MS. LAHMEUR: Seven yeas, zero nay.
13 THE CHAIRMAN: By your action, you have
14 approved -313.
15 Thank you, sir.
16 MR. MATOVINA: Thank you.
17 THE CHAIRMAN: All right. Number 9, -315.
18 We'll open the public hearing.
19 No speakers. We'll continue that to
20 July 20th, take no further action.
21 -316, our sign waiver. We will open the
22 public hearing.
23 Mr. Crofts, how do you want to go about
24 this? Do you want to give us all your
25 information first, before we hear from
Diane
M. Tropia,
18
1 speakers?
2 MR. CROFTS: I'm going to let Mr. Kelly do
3 that. He's -- he wrote the report on this one.
4 So if you want to do that, Mr. Kelly is ready to
5 present.
6 THE CHAIRMAN: Let's do that.
7 Mr. Kelly.
8 MR. KELLY: Thank you.
9 To the Chair, this item was previously
10 deferred. Ordinance 2010-316 is a sign waiver.
11 This seeks to allow for a reduction in the
12 setback from the right-of-way from 10 feet to
13 7-and-a-half feet.
14 The applicant is proposing basically to
15 replace the existing sign in its current
16 location. The department has reviewed the
17 application. There's practical difficulties in
18 complying with the strict letter of the
19 regulation in that there are utility conflicts
20 if the sign is to be set back further.
21 Additionally, there's no detriment to any kind
22 of sight distance, visibility, or -- or anything
23 like that. So the department is supporting this
24 without any conditions.
25 THE CHAIRMAN: Excellent.
Diane M.
Tropia,
19
1 And we have a speaker.
2 (Audience member approaches the podium.)
3 THE CHAIRMAN: Ms. Otwell, Diana Otwell.
4 AUDIENCE MEMBER: Yes.
5 As Mr. Kelly said, we're replacing the
6 existing sign that's there. It's old, it's
7 rotted, it's deteriorated. This new sign that
8 we are replacing is in compliance with pretty
9 much a lot of the other neighboring apartment
10 complexes, so -- they're trying to beautify
11 the -- to enhance the apartment complex.
12 The old sign is actually 95 inches. The
13 new sign is 96 inches in width. It will be
14 going -- it's in the exact same place. And, as
15 Mr. Kelly said, in order to meet the 10-foot
16 setback, we would have to move a flagpole, a
17 light pole, some trees, so we're asking that it
18 be set to 7-and-a-half -- set back.
19 THE CHAIRMAN: Thank you.
20 Ms. Otwell, could you give your name and
21 address for the record, please.
22 AUDIENCE MEMBER: Sure.
23 It's Diana Otwell,
24 Suite 7,
25 THE CHAIRMAN: Thank you very much.
Diane
M. Tropia,
20
1 Does anybody have any questions of
2 Ms. Otwell?
3 MR. JONES: Yes.
4 THE CHAIRMAN: Mr. Jones.
5 MR. JONES: I was trying to look it up.
6 Where are you located? Where is this property
7 located in reference to
8 MS. OTWELL: It is south of there.
9 MR. JONES: South?
10 MS. OTWELL: Uh-huh.
11 MR. JONES: Just past --
12 MS. OTWELL: Yes.
13 MR. JONES: Okay.
14 MS. OTWELL: It's about a mile south of
15
16 MR. JONES: So you're just replacing the
17 existing sign?
18 MS. OTWELL: It's -- yes.
19 MR. JONES: Okay.
20 MS. OTWELL: It's going to look a little
21 different. I don't know if they gave you the
22 handouts.
23 THE CHAIRMAN: All right. Seeing no
24 speakers, I will close the public hearing.
25 I need somebody to move the amendment.
Diane M.
Tropia,
21
1 MR. JONES: Move the amendment.
2 DR. GAFFNEY: Second.
3 THE CHAIRMAN: Move the amendment to
4 grant?
5 MR. JONES: (Off microphone.)
6 (Simultaneous speaking.)
7 THE CHAIRMAN: All right. I have a motion
8 and second to -- on the amendment to grant the
9 waiver.
10 All in favor of the amendment to grant
11 signify by saying aye.
12 COMMITTEE MEMBERS: Aye.
13 THE CHAIRMAN: The amendment passes.
14 Need someone to --
15 MR. JONES: Move the bill as amended to
16 grant the waiver.
17 MR. JOOST: Second.
18 THE CHAIRMAN: Move to grant, motion and
19 second.
20 Please open the ballot.
21 (Committee ballot opened.)
22 MR. HOLT: (Votes yea.)
23 MR. JONES: (Votes yea.)
24 MR. BROWN: (Votes yea.)
25 MR. DAVIS: (Votes yea.)
Diane
M. Tropia,
22
1 DR. GAFFNEY: (Votes yea.)
2 MR. JOOST: (Votes yea.)
3 MR. REDMAN: (Votes yea.)
4 (Committee ballot closed.)
5 THE CHAIRMAN: Close the ballot, record the
6 vote.
7 MS. LAHMEUR: Seven yeas, zero nay.
8 THE CHAIRMAN: By your action, you have
9 granted the waiver on 2010-316.
10 Thank you, Ms. Otwell.
11 All right. Item 11 we've already done.
12 Item 12, we will open the public hearing.
13 Mr. Crofts, do you want to tell us about
14 this one?
15 MR. CROFTS: I will -- through the Chair,
16 yes, Mr. Chairman.
17 This is a PUD that incorporates a business
18 within a residence on
19 are three conditions. Staff recommends approval
20 with these conditions:
21 Number 1, the amendment would consist
22 of, "The developer shall be subject to the
23 original legal description dated April 12th,
24 2010."
25 Number 2, "The developer shall be subject
Diane
M. Tropia,
23
1 to the original written description dated April
2 12th, 2010."
3 And 3rd and lastly, "The developer shall be
4 subject to the original site plan description
5 dated April 12th, 2010."
6 THE CHAIRMAN: Thank you, sir.
7 We have one speaker, Mr. Joseph Crews.
8 Are you here, sir?
9 (Audience member approaches the podium.)
10 THE CHAIRMAN: I just wanted to ask you if
11 you were okay with the conditions as they were
12 read.
13 AUDIENCE MEMBER: Yes, sir.
14 THE CHAIRMAN: Thank you, sir.
15 Does anyone have any questions for
16 Mr. Crews?
17 COMMITTEE MEMBERS: (No response.)
18 THE CHAIRMAN: Or an ex-parte to declare?
19 COMMITTEE MEMBERS: (No response.)
20 THE CHAIRMAN: No? All right. With that,
21 I will close the public hearing.
22 There's no amendment. I need somebody to
23 move it.
24 MR. JONES: (Off microphone.)
25 MR. JOOST: Second.
Diane M.
Tropia,
24
1 THE CHAIRMAN: Motion and second to -- on
2 2010-342.
3 MR. JOOST: -342.
4 THE CHAIRMAN: I'm sorry, not -342.
5 Yeah, we're on -342.
6 Please open the ballot.
7 (Committee ballot opened.)
8 MR. HOLT: (Votes yea.)
9 MR. JONES: (Votes yea.)
10 MR. BROWN: (Votes yea.)
11 MR. DAVIS: (Votes yea.)
12 DR. GAFFNEY: (Votes yea.)
13 MR. JOOST: (Votes yea.)
14 MR. REDMAN: (Votes yea.)
15 (Committee ballot closed.)
16 THE CHAIRMAN: Close the ballot, record the
17 vote.
18 MS. LAHMEUR: Seven yeas, zero nay.
19 THE CHAIRMAN: By your action, you have
20 approved 2010-342.
21 All right. 2010-343. We will open the
22 public hearing.
23 Mr. Crofts, could you tell us -- well,
24 there's no amendment on that.
25 Okay. Does the --
Diane
M. Tropia,
25
1 MR. CROFTS: I'll defer to the applicant
2 or to questions after the public hearing.
3 THE CHAIRMAN: Okay.
4 All right. I have one card. I'm sorry,
5 I'm going to probably butcher your name. Is it
6 Sama Carstens?
7 AUDIENCE MEMBER: Yes.
8 THE CHAIRMAN: Okay.
9 All right. Well, there are no conditions
10 on this, and -- you just had questions only.
11 Anyone have any questions for Ms. Carstens
12 on this or any ex-parte to declare?
13 COMMITTEE MEMBERS: (No response.)
14 THE CHAIRMAN: No? All right. Well, then,
15 with that, I'll close the public hearing.
16 MR. JOOST: Move the bill.
17 MR. JONES: Second.
18 THE CHAIRMAN: Motion and second on -343.
19 If no one else needs to speak, please open
20 the ballot.
21 (Committee ballot opened.)
22 MR. HOLT: (Votes yea.)
23 MR. JONES: (Votes yea.)
24 MR. BROWN: (Votes yea.)
25 MR. DAVIS: (Votes yea.)
Diane M.
Tropia,
26
1 DR. GAFFNEY: (Votes yea.)
2 MR. JOOST: (Votes yea.)
3 MR. REDMAN: (Votes yea.)
4 (Committee ballot closed.)
5 THE CHAIRMAN: Close the ballot, record the
6 vote.
7 MS. LAHMEUR: Seven yeas, zero nay.
8 THE CHAIRMAN: By your action, you have
9 approved -343.
10 AUDIENCE MEMBER: Thank you.
11 THE CHAIRMAN: Mr. Crofts, did you want to
12 say something on that one?
13 MR. CROFTS: No. I'm fine with it.
14 THE CHAIRMAN: Okay.
15 All right. 2010-344. We'll open the
16 public hearing and continue it to July 20th,
17 take no further action.
18 Item 15, 2010-345. We will open the public
19 hearing. We have Caryl Stevens for questions
20 only.
21 All right. Seeing no questions, we'll
22 close the public hearing.
23 I need someone to move the bill.
24 MR. DAVIS: Move the bill.
25 MR. JONES: Second.
Diane M.
Tropia,
27
1 THE CHAIRMAN: Motion and second on the
2 bill.
3 Please open the ballot.
4 MR. REDMAN: (Inaudible.)
5 THE CHAIRMAN: Go ahead, Mr. Redman.
6 We'll leave the ballot open.
7 MR. REDMAN: Thank you, Mr. Chairman.
8 I need to declare ex-parte. I talked with
9 Ms. Stevens and a Dr. Chappa (phonetic) on the
10 18th of May concerning this, so thank you.
11 THE CHAIRMAN: Thank you.
12 The ballot is open.
13 (Committee ballot opened.)
14 MR. HOLT: (Votes yea.)
15 MR. JONES: (Votes yea.)
16 MR. BROWN: (Votes yea.)
17 MR. DAVIS: (Votes yea.)
18 DR. GAFFNEY: (Votes yea.)
19 MR. JOOST: (Votes yea.)
20 MR. REDMAN: (Votes yea.)
21 (Committee ballot closed.)
22 THE CHAIRMAN: Close the ballot, record the
23 vote
24 MS. LAHMEUR: Seven yeas, zero nay.
25 THE CHAIRMAN: By your action, you have
Diane M.
Tropia,
28
1 approved 2010-345.
2 AUDIENCE MEMBER: Thank you so much.
3 THE CHAIRMAN: Thanks for coming down.
4 All right. 2010-346. This is a waiver of
5 minimum road frontage, also in Mr. Redman's
6 district.
7 We will open the public hearing, and we
8 have two speakers.
9 Mr. Crofts or Mr. Kelly, did you want to go
10 over this and explain to us the details?
11 MR. KELLY: Certainly. Thank you.
12 Ordinance 2010-346 seeks to allow for a
13 reduction in the required road frontage for a
14 commercial-zoned property, CCG-2, from 35 feet
15 to 20 feet.
16 The subject property previously had legal
17 frontage; however, a portion of
18 was vacated by ordinance 2006-1230, which left
19 the subject property deficient in terms of the
20 frontage. They do have the 20 feet, which is
21 the portion, and half of the old right-of-way
22 closure.
23 There is an amendment to this.
24 The department is supportive of this
25 request in light of that partial closure.
Diane
M. Tropia,
29
1 And there are some minor amendments
2 regarding the legal description in terms of the
3 portion of the parcels that they're on. There's
4 a correction to the legal.
5 THE CHAIRMAN: Okay. And it does have
6 Planning Department app- -- recommendation for
7 approval.
8 All right. First speaker is -- is that
9 George Yazgi? Is that -- did I get that right
10 or even close?
11 (Audience member approaches the podium.)
12 AUDIENCE MEMBER: Yes.
13 I just -- my name is George Yazgi. I live
14 at
15 I oppose it basically because there's very
16 little parking at the place of business. I've
17 been there a number of times attempting to serve
18 process there, and you can't get -- the -- most
19 of the parking is actually in the street. It
20 dead ends right there at the business, and
21 the -- there's just no parking there.
22 THE CHAIRMAN: Okay.
23 MR. YAZGI: That's all I have to say.
24 THE CHAIRMAN: Thank you, sir.
25 Anyone have any questions for Mr. Yazgi?
Diane
M. Tropia,
30
1 Mr. Redman, you look like you were about to
2 press your button.
3 MR. REDMAN: Yeah. I'll wait for the next
4 speaker.
5 THE CHAIRMAN: The next speaker is Richard
6 Baggs [sic]. You had "for questions only," but
7 you might want to come up here and say something
8 after you've --
9 MR. YAZGI: I'll ask him after the --
10 (Audience member approaches the podium.)
11 AUDIENCE MEMBER: Richard Briggs, 3716
13 THE CHAIRMAN: All right. Mr. Redman, did
14 you have a question for him?
15 MR. REDMAN: Thank you, Mr. Chairman.
16 This is located where now?
17 MR. BRIGGS: Off of
18 Lamee,
19 MR. REDMAN: Okay. And you have a business
20 there?
21 MR. BRIGGS: Yes.
22 MR. REDMAN: All right. Then -- the
23 gentleman says that this is going to create a
24 parking problem. You --
25 MR. BRIGGS: I think he's referring to
Diane M.
Tropia,
31
2 owner. There's a -- about an 8,000-square-foot
3 building there with a lot of traffic going in
4 and out of the parking lot.
5 He's talking about parking on the road.
6 The only parking on the road that I -- I can
7 think of would be the closed road, which is no
8 longer a public road. It is now owned by -- as
9 a matter of fact, myself, which is the entrance
10 into the building of
12 which is about 5,000 square feet, plenty of
13 parking, if they -- if it ever needed more
14 parking, along with the frontage of the
15 building. We've never had a problem with
16 parking ourselves.
17 MR. REDMAN: Okay. And what do you -- you
18 do in your business?
19 MR. BRIGGS: I'm a real estate builder and
20 also a real estate brokerage.
21 MR. REDMAN: So --
22 (Simultaneous speaking.)
23 MR. BRIGGS: -- (inaudible), you know,
24 there's not much business being done these days.
25 MR. REDMAN: So in a good business
Diane
M. Tropia,
32
1 situation, would you have a lot of parking, a
2 lot of --
3 MR. BRIGGS: No.
4 MR. REDMAN: -- automobile traffic?
5 MR. BRIGGS: Absolutely not.
6 MR. REDMAN: Okay.
7 All right. Is this behind the statue place
8 there on
9 florist?
10 MR. BRIGGS: This is right -- to the
11 right -- no, no. It's to the right side of the
12 Demetree Brothers building, which houses the
13 Compass Bank. It's just to the west of there.
14 MR. REDMAN: Just next door to it?
15 MR. BRIGGS: Yes.
16 MR. REDMAN: Okay. Thank you.
17 THE CHAIRMAN: I have a question, sir.
18 You said you're a real estate
19 developer/builder --
20 MR. BRIGGS: Builder.
21 THE CHAIRMAN: -- and -- what was the
22 intent for this property? Are you going to use
23 it as your office?
24 MR. BRIGGS: Well, I'm using it as my
25 office. I actually used to own the building
Diane
M. Tropia,
33
1 right next to it, which I'm no longer -- I no
2 longer own that. I -- so the building behind
3 there, I've moved there recently, and for
4 future -- I've got a potential buyer right now.
5 And in order for this property to conform, it's
6 got to have the road waiver for -- where it
7 bottlenecks into 20 feet because -- it does have
8 40 feet on Lamee. It's just that it bottlenecks
9 100 feet into it for the 20 feet.
10 But there's plenty of parking. As I said,
11 there's 5,000 square feet of vacant lot to the
12 left of it, on top of the parking in the front.
13 THE CHAIRMAN: All right. Any further
14 questions for Mr. Briggs?
15 COMMITTEE MEMBERS: (No response.)
16 THE CHAIRMAN: All right. Thank you, sir.
17 MR. BRIGGS: Thank you.
18 THE CHAIRMAN: We will close the public
19 hearing.
20 I need someone to move an amendment to
21 either grant or deny.
22 MR. DAVIS: Move the amendment.
23 THE CHAIRMAN: We have a -- I have a motion
24 to grant.
25 MR. REINGOLD: (Indicating.)
Diane
M. Tropia,
34
1 MR. JOOST: Mr. Reingold.
2 THE CHAIRMAN: Mr. Reingold.
3 MR. REINGOLD: Just as the Planning
4 Department staff indicated, in addition to the
5 moving of the granting of the waiver, I think it
6 just would be important to clarify the RE
7 numbers that Mr. Kelly addressed.
8 THE CHAIRMAN: Okay. Mr. Kelly, can you --
9 MR. REINGOLD: Essentially the bill just
10 needs to reference a portion of RE number
11 135942-0000 and 13544 -- or 994-0000.
12 THE CHAIRMAN: Very good. Now we've got it
13 on the record.
14 All right. We have a motion on the
15 amendment to grant --
16 MR. JOOST: Second.
17 THE CHAIRMAN: -- and a second.
18 All in favor of the amendment to grant
19 signify by saying aye.
20 COMMITTEE MEMBERS: Aye.
21 THE CHAIRMAN: We have the -- I need
22 somebody to --
23 MR. JOOST: Move the bill as amended to
24 grant the waiver.
25 THE CHAIRMAN: -- move to grant --
Diane M.
Tropia,
35
1 MR. JONES: Second.
2 THE CHAIRMAN: Motion and second to grant.
3 Please open the ballot.
4 (Committee ballot opened.)
5 MR. HOLT: (Votes yea.)
6 MR. JONES: (Votes yea.)
7 MR. BROWN: (Votes yea.)
8 MR. DAVIS: (Votes yea.)
9 DR. GAFFNEY: (Votes yea.)
10 MR. JOOST: (Votes yea.)
11 MR. REDMAN: (Votes yea.)
12 (Committee ballot closed.)
13 THE CHAIRMAN: Close the ballot, record the
14 vote.
15 MS. LAHMEUR: Seven yeas, zero nay.
16 THE CHAIRMAN: By your action, you have
17 granted the waiver.
18 Thank you all for coming down.
19 Item 18 is a deferral.
20 19, 20 and 21 --
21 MR. CROFTS: Item 17.
22 THE CHAIRMAN: I'm sorry. I skipped one.
23 Item 17, 2010-347, is another sign waiver.
24 We will open the public hearing.
25 Mr. Kelly, did you want to tell us about
Diane
M. Tropia,
36
1 this one?
2 MR. KELLY: Certainly.
3 This application, ordinance 2010-347, seeks
4 to allow for a reduction in the minimum sign
5 setback from 10 feet to 5 feet.
6 The subject property is the home of the
7 First Coast No More Homeless Pets, Incorporated,
8 and this need -- or need for this request is
9 based upon the change of ownership, and the
10 applicant is basically looking to utilize the
11 existing sign structure itself.
12 The department reviewed this. And in light
13 of the constraints on the site, the development
14 constraints with parking and loading, the
15 department found that the current sign location
16 is the best and most practical location on the
17 site for it to continue to exist, and we feel it
18 doesn't -- while it doesn't promote the
19 continued existence of nonconforming signs, we
20 do feel that it is appropriate in this instance
21 given the site constraints and the redevelopment
22 of this site.
23 THE CHAIRMAN: Excellent. Thank you, sir.
24 I have one card for Mr. DuCharme, Rick
25 DuCharme, but he says he's here for questions
Diane
M. Tropia,
37
1 only.
2 Anybody have any questions for him?
3 COMMITTEE MEMBERS: (No response.)
4 THE CHAIRMAN: Seeing none, we'll close the
5 public hearing.
6 MR. JOOST: Move the amendment to grant the
7 waiver.
8 MR. JONES: Second.
9 THE CHAIRMAN: Motion and second on the
10 amendment.
11 All in favor of the amendment signify by
12 saying aye.
13 COMMITTEE MEMBERS: Aye.
14 THE CHAIRMAN: The amendment passes.
15 MR. JONES: Move to grant the waiver.
16 MR. JOOST: Second.
17 THE CHAIRMAN: Motion and second to grant
18 the waiver.
19 Please open the ballot.
20 (Committee ballot opened.)
21 MR. HOLT: (Votes yea.)
22 MR. JONES: (Votes yea.)
23 MR. BROWN: (Votes yea.)
24 MR. DAVIS: (Votes yea.)
25 DR. GAFFNEY: (Votes yea.)
Diane M.
Tropia,
38
1 MR. JOOST: (Votes yea.)
2 MR. REDMAN: (Votes yea.)
3 (Committee ballot closed.)
4 THE CHAIRMAN: Close the ballot, record the
5 vote.
6 MS. LAHMEUR: Seven yeas, zero nay.
7 THE CHAIRMAN: By your action, you have
8 granted the waiver on -347.
9 Thank you all for keeping me straight.
10 18 is deferred. 19, 20, 21 is deferred.
11 22, 2010-374, there's a sub.
12 MR. JONES: Move the sub.
13 MR. JOOST: Second.
14 THE CHAIRMAN: Motion and second on the
15 sub.
16 All in favor of the sub signify by saying
17 aye.
18 COMMITTEE MEMBERS: Aye.
19 THE CHAIRMAN: The sub passes.
20 MR. JONES: Move the bill as substituted
21 and rerefer to LUZ.
22 MR. JOOST: Second.
23 THE CHAIRMAN: Motion and second to
24 rerefer.
25 Please open the ballot.
Diane
M. Tropia,
39
1 (Committee ballot opened.)
2 MR. HOLT: (Votes yea.)
3 MR. JONES: (Votes yea.)
4 MR. BROWN: (Votes yea.)
5 MR. DAVIS: (Votes yea.)
6 DR. GAFFNEY: (Votes yea.)
7 MR. JOOST: (Votes yea.)
8 MR. REDMAN: (Votes yea.)
9 (Committee ballot closed.)
10 THE CHAIRMAN: Close the ballot, record the
11 vote.
12 MS. LAHMEUR: Seven yeas, zero nay.
13 THE CHAIRMAN: By your action, you have
14 rereferred back to this committee.
15 All right. 23, 2010-375. We'll open the
16 public hearing.
17 We have Mr. Saylor here for questions
18 only.
19 There's an amendment, Mr. Crofts or
20 Mr. Kelly?
21 MR. CROFTS: Through the Chair -- to the
22 Chair, this amendment is virtually the cite, the
23 163.4635 [sic], that we're going to include in
24 all the semiannuals tonight. We're -- this is
25 here to remind you that this is that consistent
Diane
M. Tropia,
40
1 memorandum that will correct that particular
2 reference.
3 THE CHAIRMAN: We're going to include the
4 Reingold Amendment?
5 MR. CROFTS: Yes.
6 THE CHAIRMAN: Okay.
7 MR. CROFTS: That would be right.
8 THE CHAIRMAN: All right. And that is
9 included as -- as you read it?
10 MR. CROFTS: Yes.
11 THE CHAIRMAN: Excellent.
12 MR. CROFTS: Yes, sir.
13 THE CHAIRMAN: All right. Anyone have any
14 questions for Mr. Saylor?
15 COMMITTEE MEMBERS: (No response.)
16 THE CHAIRMAN: All right. Seeing none, we
17 will close the public hearing.
18 I need someone to move the amendment.
19 MR. JOOST: Move the amendment.
20 MR. JONES: Second.
21 THE CHAIRMAN: Motion and second on the
22 amendment.
23 All in favor of the amendment signify by
24 saying aye.
25 COMMITTEE MEMBERS: Aye.
Diane M.
Tropia,
41
1 THE CHAIRMAN: The amendment passes.
2 MR. JONES: Move the bill as amended.
3 MR. JOOST: Second.
4 THE CHAIRMAN: Motion and second on the
5 bill as amended.
6 Please open the ballot.
7 (Committee ballot opened.)
8 MR. HOLT: (Votes yea.)
9 MR. JONES: (Votes yea.)
10 MR. BROWN: (Votes yea.)
11 MR. DAVIS: (Votes yea.)
12 DR. GAFFNEY: (Votes yea.)
13 MR. JOOST: (Votes yea.)
14 MR. REDMAN: (Votes yea.)
15 (Committee ballot closed.)
16 THE CHAIRMAN: Close the ballot, record the
17 vote.
18 MS. LAHMEUR: Seven yeas, zero nay.
19 THE CHAIRMAN: By your action, you have
20 approved 2010-375.
21 Have a good evening, Mr. Saylor -- or
22 you've got another one.
23 All right. 2010-376. We'll open the
24 public hearing.
25 There's an amendment. Mr. Crofts, do you
Diane
M. Tropia,
42
1 want to tell us about that first?
2 MR. CROFTS: The amendment would be the
3 Reingold Amendment, the legislative reference
4 only.
5 I would point out that this -- -376 and
6 -377 are companion, and there are conditions
7 with the companion rezoning PUD.
8 THE CHAIRMAN: Yeah. I'll open the public
9 hearing on -377 as well.
10 Okay. We have two cards.
11 Mr. Harden, are you here for questions
12 only? And Mr. Herzberg? Are we competing on
13 this one?
14 (Mr. Herzberg approaches the podium.)
15 MR. HERZBERG: Mr. Chairman, I wouldn't do
16 that.
17 I have -- I'm here for questions only, and
18 I believe Mr. Harden needs to revise his card
19 just to reflect the subsequent numbers, 25, 26,
20 and 27, I believe.
21 MR. HARDEN: 26, 27, and 28.
22 MR. HERZBERG: 26, 27, and 28 for his
23 cards.
24 THE CHAIRMAN: Okay.
25 MR. HERZBERG: Thank you, sir.
Diane M.
Tropia,
43
1 THE CHAIRMAN: All right. Any questions
2 for any of the -- either of those speakers?
3 COMMITTEE MEMBERS: (No response.)
4 MR. REINGOLD: Through the Chair to the
5 applicant, did you -- you agreed to all the
6 conditions that were in the PUD?
7 MR. HERZBERG: Through the Chair, yes, we
8 did at Planning Commission and we would as well
9 of the additional condition here.
10 THE CHAIRMAN: Excellent.
11 All right. Seeing no questions, we will
12 close the public hearing on -375 and -- I'm
13 sorry, -376, -377, right?
14 MR. CROFTS: (Nods head.)
15 THE CHAIRMAN: Close the public hearing.
16 I need someone to move the amendment on
17 -376.
18 MR. JONES: Move the amendment.
19 DR. GAFFNEY: Second.
20 THE CHAIRMAN: Motion and second on the
21 amendment.
22 All in favor signify by saying aye.
23 COMMITTEE MEMBERS: Aye.
24 THE CHAIRMAN: The amendment passes.
25 MR. JONES: Move the bill as amended.
Diane M.
Tropia,
44
1 MR. JOOST: Second.
2 THE CHAIRMAN: Motion and second on -376.
3 Please open the ballot.
4 (Committee ballot opened.)
5 MR. HOLT: (Votes yea.)
6 MR. JONES: (Votes yea.)
7 MR. BROWN: (Votes yea.)
8 MR. DAVIS: (Votes yea.)
9 DR. GAFFNEY: (Votes yea.)
10 MR. JOOST: (Votes yea.)
11 MR. REDMAN: (Votes yea.)
12 (Committee ballot closed.)
13 THE CHAIRMAN: Close the ballot, record the
14 vote.
15 MS. LAHMEUR: Seven yeas, zero nay.
16 THE CHAIRMAN: By your action, you have
17 approved -376.
18 I need someone to move the amendment on
19 -377.
20 DR. GAFFNEY: Move the amendment.
21 MR. JONES: Second.
22 THE CHAIRMAN: I have a motion and second
23 on the amendment.
24 All in favor of the amendment signify by
25 saying aye.
Diane M.
Tropia,
45
1 COMMITTEE MEMBERS: Aye.
2 THE CHAIRMAN: The amendment passes.
3 MR. JONES: Move the bill as amended.
4 DR. GAFFNEY: Second.
5 THE CHAIRMAN: I have a motion and second
6 on -377.
7 Please open the ballot.
8 (Committee ballot opened.)
9 MR. HOLT: (Votes yea.)
10 MR. JONES: (Votes yea.)
11 MR. BROWN: (Votes yea.)
12 MR. DAVIS: (Votes yea.)
13 DR. GAFFNEY: (Votes yea.)
14 MR. JOOST: (Votes yea.)
15 MR. REDMAN: (Votes yea.)
16 (Committee ballot closed.)
17 THE CHAIRMAN: Close the ballot, record the
18 vote.
19 MS. LAHMEUR: Seven yeas, zero nay.
20 THE CHAIRMAN: By your action, you have
21 approved -377.
22 All right. -378 and -379, they're also
23 companions --
24 MR. HARDEN: Yes, sir.
25 THE CHAIRMAN: -- is that right?
Diane
M. Tropia,
46
1 MR. CROFTS: That's correct.
2 THE CHAIRMAN: All right. We'll open the
3 public hearing on both of those items.
4 And there are amendments, Mr. Crofts. Do
5 you want to go over those first, or Mr. Harden?
6 MR. CROFTS: The only amendment in -- on
7 -378 is the reference to the -- to this -- the
8 legislative cite that would coordinate this
9 review by the State.
10 THE CHAIRMAN: All right. Just checking.
11 All right. Mr. Harden, you okay with
12 everything?
13 MR. HARDEN: Yes, sir.
14 Let me -- just for the record, this is a --
15 an adoption of a land use map amendment that was
16 transmitted in the last semiannual series in
17 Councilman Redman's district. We met with
18 neighbors during the transmittal portion --
19 THE CHAIRMAN: Name and address.
20 MR. HARDEN: Pardon me?
21 THE CHAIRMAN: Let me get your name and
22 address --
23 MR. HARDEN: Oh, I'm sorry.
24 Paul Harden,
25 It adjoins -- these parcels adjoin the
Diane M.
Tropia,
47
1
2 then the subsequent zoning to be consistent with
3 those retail uses.
4 THE CHAIRMAN: Okay. Anyone have any
5 questions for Mr. Harden or to declare an
6 ex-parte on -379?
7 COMMITTEE MEMBERS: (No response.)
8 THE CHAIRMAN: None?
9 MR. REDMAN: (Indicating.)
10 THE CHAIRMAN: Mr. Redman.
11 MR. REDMAN: I need to declare ex-parte
12 from several months ago on this, if I didn't
13 already, so -- thank you.
14 THE CHAIRMAN: Thank you, sir.
15 All right. We will close the public
16 hearing on that.
17 MR. JOOST: Move the bill.
18 MR. DAVIS: Second.
19 THE CHAIRMAN: We need to move an amendment
20 on -378.
21 MR. JOOST: Move the amendment.
22 MR. JONES: Second.
23 THE CHAIRMAN: Motion and second on the
24 amendment on -378.
25 All in favor say aye.
Diane
M. Tropia,
48
1 COMMITTEE MEMBERS: Aye.
2 THE CHAIRMAN: The amendment passes.
3 MR. JONES: Move the bill as amended.
4 DR. GAFFNEY: Second.
5 THE CHAIRMAN: Motion and second on -378.
6 Please open the ballot.
7 (Committee ballot opened.)
8 MR. HOLT: (Votes yea.)
9 MR. JONES: (Votes yea.)
10 MR. BROWN: (Votes yea.)
11 MR. DAVIS: (Votes yea.)
12 DR. GAFFNEY: (Votes yea.)
13 MR. JOOST: (Votes yea.)
14 MR. REDMAN: (Votes yea.)
15 (Committee ballot closed.)
16 THE CHAIRMAN: Close the ballot, record the
17 vote.
18 MS. LAHMEUR: Seven yeas, zero nay.
19 THE CHAIRMAN: By your action, you have
20 approved -378.
21 -379. Need a motion.
22 MR. JONES: Move the bill.
23 DR. GAFFNEY: Second.
24 THE CHAIRMAN: Motion and second on -379.
25 Please open the ballot.
Diane M.
Tropia,
49
1 (Committee ballot opened.)
2 MR. HOLT: (Votes yea.)
3 MR. JONES: (Votes yea.)
4 MR. BROWN: (Votes yea.)
5 MR. DAVIS: (Votes yea.)
6 DR. GAFFNEY: (Votes yea.)
7 MR. JOOST: (Votes yea.)
8 MR. REDMAN: (Votes yea.)
9 (Committee ballot closed.)
10 THE CHAIRMAN: Close the ballot, record the
11 vote.
12 MS. LAHMEUR: Seven yeas, zero nay.
13 THE CHAIRMAN: By your action, you have
14 approved -379.
15 Okay.
16 MR. HARDEN: I can't hear the gratuitous
17 comments way out here.
18 THE CHAIRMAN: Mr. Jones hit the wrong
19 button.
20 MR. HARDEN: Okay.
21 THE CHAIRMAN: All right. Let's see. Item
22 28 -- is it 28 and 29, both your --
23 MR. HARDEN: Companion, yes, sir.
24 THE CHAIRMAN: Okay. They're a companion.
25 Open the public hearings on 2010-380 and
Diane
M. Tropia,
50
1 -381.
2 MR. JOOST: We have an amendment --
3 THE CHAIRMAN: -381 does, but is it just
4 the standard amendment we've been adding?
5 MR. CROFTS: That's correct.
6 THE CHAIRMAN: That's the only amendment?
7 MR. CROFTS: Yes.
8 THE CHAIRMAN: Mr. Harden, did you have
9 anything you needed to add?
10 MR. HARDEN: This is an adjoining property
11 to the -- to -- you just reviewed. Again, it
12 went through the transmittal series.
13 Councilman Redman and I met with the
14 neighbors back at that time and -- I don't think
15 there are any other questions.
16 THE CHAIRMAN: Excellent.
17 Mr. Redman, you need to declare?
18 MR. REDMAN: I need to declare ex-parte
19 again, the same time that we met on the other.
20 Thank you.
21 THE CHAIRMAN: All right. And that's on
22 -381.
23 All right. So we will close the public
24 hearing. I need somebody to move the amendment
25 on --
Diane M.
Tropia,
51
1 DR. GAFFNEY: Move the amendment.
2 MR. JOOST: Second.
3 THE CHAIRMAN: Motion and second on the
4 amendment on -380.
5 All in favor say aye.
6 COMMITTEE MEMBERS: Aye.
7 THE CHAIRMAN: Amendment passes.
8 MR. JOOST: Move the bill as amended.
9 DR. GAFFNEY: Second.
10 THE CHAIRMAN: Motion and second on -380.
11 Please open the ballot.
12 (Committee ballot opened.)
13 MR. HOLT: (Votes yea.)
14 MR. JONES: (Votes yea.)
15 MR. BROWN: (Votes yea.)
16 MR. DAVIS: (Votes yea.)
17 DR. GAFFNEY: (Votes yea.)
18 MR. JOOST: (Votes yea.)
19 MR. REDMAN: (Votes yea.)
20 (Committee ballot closed.)
21 THE CHAIRMAN: Close the ballot, record the
22 vote.
23 MS. LAHMEUR: Seven yeas, zero nay.
24 THE CHAIRMAN: By your action, you have
25 approved -380.
Diane
M. Tropia,
52
1 -381.
2 DR. GAFFNEY: Move the bill.
3 MR. JONES: Second.
4 THE CHAIRMAN: Motion and second on -381.
5 Please open the ballot.
6 (Committee ballot opened.)
7 MR. HOLT: (Votes yea.)
8 MR. JONES: (Votes yea.)
9 MR. BROWN: (Votes yea.)
10 MR. DAVIS: (Votes yea.)
11 DR. GAFFNEY: (Votes yea.)
12 MR. JOOST: (Votes yea.)
13 MR. REDMAN: (Votes yea.)
14 (Committee ballot closed.)
15 THE CHAIRMAN: Close the ballot, record the
16 vote.
17 MS. LAHMEUR: Seven yeas, zero nay.
18 THE CHAIRMAN: By your action, you have
19 approved -381.
20 Council members, if we could just jump
21 ahead here to catch another couple of them.
22 Items 34 and 35 are companions. We'll open
23 the public hearing on those.
24 MR. JOOST: Do they need an amendment?
25 THE CHAIRMAN: The amendment on this is
Diane M.
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1 just our standard?
2 MR. CROFTS: Yes.
3 THE CHAIRMAN: Okay.
4 MR. HARDEN: Actually, there's another --
5 this is the one where we're taking the strip
6 off.
7 THE CHAIRMAN: Okay. Mr. Reingold, could
8 you explain that to us?
9 MR. REINGOLD: Absolutely.
10 First off, that's actually already been
11 amended, Mr. Harden.
12 MR. HARDEN: Oh, okay. Thank you.
13 MR. REINGOLD: The previous amendment on
14 both -386 and -387 reflects a 25-foot strip that
15 was removed from the request.
16 Your LUZ book does not contain the right
17 legal description for -387, but it does contain
18 the right legal description in the land use
19 amendment -386. So that's the legal description
20 that will be used for both of them.
21 THE CHAIRMAN: Excellent.
22 All right. Anyone need to declare an
23 ex-parte or have any questions for Mr. Harden?
24 COMMITTEE MEMBERS: (No response.)
25 THE CHAIRMAN: If not, we'll close the
Diane
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1 public hearing on both of those items, -386 and
2 -387.
3 MR. JOOST: Move the amendment.
4 MR. JONES: Second.
5 MR. JOOST: (Off microphone.)
6 THE CHAIRMAN: Yeah, motion and second on
7 the amendment on -386.
8 MR. JOOST: (Off microphone.)
9 THE CHAIRMAN: Yeah.
10 MR. JOOST: Move the amendment on -386.
11 MR. JONES: Second.
12 THE CHAIRMAN: Correct.
13 All in favor of the amendment signify by
14 saying aye.
15 COMMITTEE MEMBERS: Aye.
16 THE CHAIRMAN: The amendment passes.
17 MR. JONES: Move the bill as amended.
18 MR. JOOST: Second.
19 THE CHAIRMAN: I have a motion and second
20 on -386.
21 Please open the ballot.
22 (Committee ballot opened.)
23 MR. HOLT: (Votes yea.)
24 MR. JONES: (Votes yea.)
25 MR. BROWN: (Votes yea.)
Diane
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55
1 MR. DAVIS: (Votes yea.)
2 DR. GAFFNEY: (Votes yea.)
3 MR. JOOST: (Votes yea.)
4 MR. REDMAN: (Votes yea.)
5 (Committee ballot closed.)
6 THE CHAIRMAN: Close the ballot, record the
7 vote.
8 MS. LAHMEUR: Seven yeas, zero nays.
9 THE CHAIRMAN: By your action, you have
10 approved -386.
11 -387.
12 MR. JOOST: Move the bill.
13 MR. JONES: Second.
14 THE CHAIRMAN: Motion and second on -387.
15 Open the ballot.
16 (Committee ballot opened.)
17 MR. HOLT: (Votes yea.)
18 MR. JONES: (Votes yea.)
19 MR. BROWN: (Votes yea.)
20 MR. DAVIS: (Votes yea.)
21 DR. GAFFNEY: (Votes yea.)
22 MR. JOOST: (Votes yea.)
23 MR. REDMAN: (Votes yea.)
24 (Committee ballot closed.)
25 THE CHAIRMAN: Close the ballot, record the
Diane
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56
1 vote.
2 MS. LAHMEUR: Seven yeas, zero nay.
3 THE CHAIRMAN: By your action, you have
4 approved -387.
5 All right. Sorry to go out of order a
6 little bit there, folks.
7 That puts us back to page 9, item --
8 MR. JOOST: Item 30.
9 THE CHAIRMAN: -- item 30; is that right,
10 everybody?
11 MR. KELLY: Yes.
12 THE CHAIRMAN: 2010-382. We will open the
13 public hearing.
14 (Mr. Ingram approaches the podium.)
15 THE CHAIRMAN: Mr. Ingram, how are you
16 doing this evening, sir?
17 MR. INGRAM: Doing great. I hope y'all are
18 well.
19 THE CHAIRMAN: We have an amendment. Is it
20 our amendment that we're adding on or is there
21 more?
22 MR. REINGOLD: To the Chair, there's
23 actually two components to the amendment. One
24 is the traditional one that's been described as
25 the Reingold Amendment. The second is --
Diane M.
Tropia,
57
1 there's a change of the conversion chart in
2 the -- in the bill, which switches multifamily
3 and hotel uses around in the portion that
4 describes "converting from."
5 THE CHAIRMAN: Okay.
6 You okay with all that, Mr. Ingram?
7 MR. INGRAM: Yes, sir.
8 THE CHAIRMAN: Okay. Anything else that
9 needs to be added?
10 STAFF MEMBERS: (No response.)
11 THE CHAIRMAN: All right. Anybody have any
12 questions for Mr. Ingram?
13 COMMITTEE MEMBERS: (No response.)
14 THE CHAIRMAN: If not, we'll close the
15 public hearing.
16 I need a motion on the amendment.
17 MR. JOOST: Move the amendment.
18 MR. JONES: Second.
19 THE CHAIRMAN: A motion and second on the
20 amendment.
21 All in favor signify by saying aye.
22 COMMITTEE MEMBERS: Aye.
23 THE CHAIRMAN: The amendment passes.
24 DR. GAFFNEY: Move the bill as amended.
25 MR. JOOST: Second.
Diane
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1 THE CHAIRMAN: Motion and second on the
2 bill.
3 Please open the ballot.
4 (Committee ballot opened.)
5 MR. HOLT: (Votes yea.)
6 MR. JONES: (Votes yea.)
7 MR. BROWN: (Votes yea.)
8 MR. DAVIS: (Votes yea.)
9 DR. GAFFNEY: (Votes yea.)
10 MR. JOOST: (Votes yea.)
11 MR. REDMAN: (Votes yea.)
12 (Committee ballot closed.)
13 THE CHAIRMAN: Close the ballot, record the
14 vote.
15 MS. LAHMEUR: Seven yeas, zero nay.
16 THE CHAIRMAN: By your action, you have
17 approved -382.
18 Item 31, 2010-383.
19 MR. JOOST: (Off microphone.)
20 THE CHAIRMAN: No. -383 is by itself.
21 -384 and -5 are together.
22 -383. We'll open the public hearing.
23 (Ms. Pierce approaches the podium.)
24 THE CHAIRMAN: Ms. Pierce.
25 MS. PIERCE: Hi.
Diane M.
Tropia,
59
1 Emily Pierce,
2 We have a staff recommendation for
3 approval, and I'm available for questions.
4 THE CHAIRMAN: Thank you.
5 What's our amendment, Mr. Crofts?
6 MR. CROFTS: We're going to jump on that
7 traditional amendment known as the Reingold
8 Amendment.
9 THE CHAIRMAN: That's it?
10 MR. CROFTS: That's the only amendment in
11 this case.
12 THE CHAIRMAN: Okay. Thank you, sir.
13 Are you okay with everything?
14 MS. PIERCE: (Nods head.)
15 THE CHAIRMAN: I don't have any questions
16 on the queue, so we'll close the public hearing.
17 MR. JOOST: Move the amendment.
18 DR. GAFFNEY: Second.
19 THE CHAIRMAN: Motion and second on the
20 amendment.
21 All in favor say aye.
22 COMMITTEE MEMBERS: Aye.
23 THE CHAIRMAN: The amendment passes.
24 MR. JOOST: Move the bill as amended.
25 DR. GAFFNEY: Move the bill as amended.
Diane M.
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60
1 THE CHAIRMAN: Motion and second on the
2 bill.
3 Please open the ballot.
4 (Committee ballot opened.)
5 MR. HOLT: (Votes yea.)
6 MR. JONES: (Votes yea.)
7 MR. BROWN: (Votes yea.)
8 MR. DAVIS: (Votes yea.)
9 DR. GAFFNEY: (Votes yea.)
10 MR. JOOST: (Votes yea.)
11 MR. REDMAN: (Votes yea.)
12 (Committee ballot closed.)
13 THE CHAIRMAN: Close the ballot, record the
14 vote
15 MS. LAHMEUR: Seven yeas, zero nay.
16 THE CHAIRMAN: Thank you, Ms. Pierce.
17 MS. PIERCE: Thank you.
18 THE CHAIRMAN: Did you have --
19 MS. PIERCE: I have the next two.
20 THE CHAIRMAN: Oh, okay. You have the next
21 two as well.
22 All right. Items 32 and 33 are
23 companions. We'll open the public hearings on
24 both of those, and -- just Ms. Pierce.
25 Okay. Mr. Crofts, do we just have our
Diane
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61
1 standard amendment or do we have others on
2 that?
3 MR. CROFTS: On -384, it's the standard
4 amendment referring to the legislative citation
5 that would be appropriate here.
6 THE CHAIRMAN: Okay. Any questions for
7 Ms. Pierce?
8 COMMITTEE MEMBERS: (No response.)
9 THE CHAIRMAN: Any ex-parte?
10 COMMITTEE MEMBERS: (No response.)
11 THE CHAIRMAN: All right. Seeing none,
12 we'll close the public hearing.
13 I need somebody to move --
14 MR. JONES: Move the amendment.
15 MR. JOOST: Move the amendment.
16 THE CHAIRMAN: Motion --
17 MR. JOOST: Second.
18 THE CHAIRMAN: Motion and second on the
19 amendment on -384.
20 All in favor say aye.
21 COMMITTEE MEMBERS: Aye.
22 THE CHAIRMAN: The amendment passes.
23 MR. JOOST: Move the bill as amended.
24 DR. GAFFNEY: Second.
25 THE CHAIRMAN: Motion and second on -384.
Diane M.
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1 Please open the ballot.
2 (Committee ballot opened.)
3 MR. HOLT: (Votes yea.)
4 MR. JONES: (Votes yea.)
5 MR. BROWN: (Votes yea.)
6 MR. DAVIS: (Votes yea.)
7 DR. GAFFNEY: (Votes yea.)
8 MR. JOOST: (Votes yea.)
9 MR. REDMAN: (Votes yea.)
10 (Committee ballot closed.)
11 THE CHAIRMAN: Close the ballot, record the
12 vote.
13 MS. LAHMEUR: Seven yeas, zero nay.
14 THE CHAIRMAN: By your action, you have
15 approved -384.
16 -385.
17 DR. GAFFNEY: Move the bill.
18 MR. DAVIS: Second.
19 THE CHAIRMAN: Motion and second on -385.
20 Please open the ballot.
21 (Committee ballot opened.)
22 MR. HOLT: (Votes yea.)
23 MR. JONES: (Votes yea.)
24 MR. BROWN: (Votes yea.)
25 MR. DAVIS: (Votes yea.)
Diane M.
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1 DR. GAFFNEY: (Votes yea.)
2 MR. JOOST: (Votes yea.)
3 MR. REDMAN: (Votes yea.)
4 (Committee ballot closed.)
5 THE CHAIRMAN: Close the ballot, record the
6 vote.
7 MS. LAHMEUR: Seven yeas, zero nay.
8 THE CHAIRMAN: By your action, you have
9 approved -385.
10 -386 and --
11 MS. PIERCE: Thank you.
12 THE CHAIRMAN: Thank you, Ms. Pierce.
13 -386, -387 we've already handled.
14 2010-388. We will open that public
15 hearing.
16 MR. CROFTS: Mr. Chairman, -389 too is a
17 companion, so if you could open that.
18 THE CHAIRMAN: Open the public hearing on
19 -388 and -389.
20 Mr. Mousa is here.
21 We have amendments on -388 and -389.
22 Mr. Crofts.
23 MR. CROFTS: The amendment on -388 would be
24 the standard amendment that we've referenced
25 earlier over and over.
Diane
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64
1 And on -389 there are four conditions to
2 the PUD, and I'll read those into the record:
3 Condition number 1, "The development shall
4 be subject to the original legal description
5 dated March 19th, 2010."
6 Number 2, "The development shall be subject
7 to the written description dated April 21st,
8 2010."
9 Number 3, "The development shall be subject
10 to the original site plan dated March 4th,
11 2010."
12 And number 5 -- I'm sorry, number 4, "The
13 development shall be subject to the review and
14 approval of the Development Services Division,
15 pursuant to their memorandum dated May 5th,
16 2010, or as otherwise approved by the Planning
17 and Development Department."
18 That's it.
19 THE CHAIRMAN: All right. Mr. Mousa, you
20 okay with all those?
21 MR. MOUSA: Yes, sir. We are -- we are
22 good with all those conditions as read.
23 THE CHAIRMAN: Okay. Anybody have any
24 questions for Mr. Mousa, need to declare
25 anything?
Diane M.
Tropia,
65
1 COMMITTEE MEMBERS: (No response.)
2 THE CHAIRMAN: If not, we will close the
3 public hearing.
4 I need somebody to move that amendment on
5 -388.
6 DR. GAFFNEY: Move the amendment.
7 MR. JOOST: Second.
8 THE CHAIRMAN: Motion and second on the
9 amendment on -388.
10 All in favor say aye.
11 COMMITTEE MEMBERS: Aye.
12 THE CHAIRMAN: The amendment passes.
13 MR. JONES: Move the bill as amended.
14 MR. JOOST: Second.
15 THE CHAIRMAN: Motion and second on the
16 bill.
17 Please open the ballot.
18 (Committee ballot opened.)
19 MR. HOLT: (Votes yea.)
20 MR. JONES: (Votes yea.)
21 MR. BROWN: (Votes yea.)
22 MR. DAVIS: (Votes yea.)
23 DR. GAFFNEY: (Votes yea.)
24 MR. JOOST: (Votes yea.)
25 MR. REDMAN: (Votes yea.)
Diane
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1 (Committee ballot closed.)
2 THE CHAIRMAN: Close the ballot, record the
3 vote.
4 MS. LAHMEUR: Seven yeas, zero nay.
5 THE CHAIRMAN: By your action, you have
6 approved -388.
7 I need a motion on the amendment on -389.
8 MR. JOOST: Move it.
9 MR. JONES: Second.
10 THE CHAIRMAN: Motion and second on the
11 amendment on -389.
12 All in favor say aye.
13 COMMITTEE MEMBERS: Aye.
14 THE CHAIRMAN: The amendment passes.
15 MR. JOOST: Move the bill as amended.
16 MR. JONES: Second.
17 THE CHAIRMAN: Motion and second on the
18 bill.
19 Please open the ballot.
20 (Committee ballot opened.)
21 MR. HOLT: (Votes yea.)
22 MR. JONES: (Votes yea.)
23 MR. BROWN: (Votes yea.)
24 MR. DAVIS: (Votes yea.)
25 DR. GAFFNEY: (Votes yea.)
Diane
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1 MR. JOOST: (Votes yea.)
2 MR. REDMAN: (Votes yea.)
3 (Committee ballot closed.)
4 THE CHAIRMAN: Close it.
5 MS. LAHMEUR: Seven yeas, zero nay.
6 THE CHAIRMAN: By your action, you have
7 approved -389.
8 MR. MOUSA: Thank you.
9 THE CHAIRMAN: Thank you, Mr. Mousa.
10 All right. Item 38, 2010-390.
11 MR. JOOST: Move it.
12 THE CHAIRMAN: We will open the public
13 hearing.
14 (Mr. Hainline approaches the podium.)
15 THE CHAIRMAN: How are you doing,
16 Mr. Hainline?
17 MR. HAINLINE: Hey.
18 THE CHAIRMAN: Just a quick question for
19 Mr. Reingold.
20 I haven't had any new conversations with
21 Mr. Hainline since this came through the last
22 time around. Do I need to declare ex-parte?
23 MR. REINGOLD: Actually, this is a
24 semiannual comp plan bill, so there's no
25 requirement for such disclosure --
Diane
M. Tropia,
68
1 THE CHAIRMAN: Okay. This is just a comp.
2 All right. Thank you, sir.
3 Mr. Crofts, do you want to tell us about
4 the amendment and make sure Mr. Hainline is okay
5 with everything, you're on the same page?
6 MR. CROFTS: I'm going to -- excuse me.
7 I'm going to lead off by saying that one
8 amendment will be -- one dimension of the
9 amendment would be the standard language that we
10 talked about earlier that will go along with the
11 legislation, and then I believe that there were
12 some -- some additions or amendments to the --
13 policy 4.3.18 that will carry with this. And
14 Dylan was working on that language. I'll defer
15 to him on that, but specifically I think it
16 deals with buffers and -- well, there were
17 three -- there were several aspects of it, but
18 as it relates -- well, this is the Braddock
19 amendment. I'm sorry, I'm thinking of the other
20 one. But anyway, I know it deals with buffers
21 and I'll defer to Mr. Reingold.
22 THE CHAIRMAN: I believe it was 50 feet
23 with a wall or 100 feet without a wall.
24 MR. REINGOLD: Well, to the Chair and to
25 the applicant, actually the amendment is going
Diane M.
Tropia,
69
1 to be -- one is the traditional amendment to the
2 legislative citation.
3 Two is -- your staff report in front of you
4 for -- in the LUZ book contains a slightly
5 different version for policy number 5 as was in
6 the legislation. What I will tell you was --
7 that in my discussion with Mr. Hainline and
8 staff recently was that this language would not
9 be amended; that is, policy number 5. It
10 reflects consistent with the language that was
11 transmitted to the State. And if that's what
12 the LUZ Committee wants, then there would be no
13 amendment to policy number 5.
14 What staff and the applicant have prepared
15 are additional amendments reflected in your
16 staff report, number 9, would fully read that:
17 "The development of the property will avoid
18 and minimize wetland impacts, consistent with
19 the regulations of the state and federal
20 regulatory agencies, and will address buffers
21 around, and the conservation of, nonimpacted
22 wetlands through the permitting and mitigation
23 processes with these regulatory agencies.
24 "Pursuant to these processes and where" --
25 sorry -- and this drops off as it is not in the
Diane
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1 report -- "practicable, one, wetland impacts
2 will be limited to road and utility crossings at
3 narrow portions of wetland systems or along
4 existing trail systems; and two, development
5 will provide an average buffer of 25 feet with a
6 minimum buffer of 15 feet around wetlands (not
7 including wetlands, which, pursuant to permits
8 from the regulatory agencies, may be impacted or
9 created). Generally, nonimpacted wetlands will
10 be placed into conservation easements pursuant
11 to permits from the regulatory agencies."
12 And then the additional part of the
13 amendment would be to include, as is properly
14 included in your staff report, item number 10 --
15 policy number 10, concerning passive parks and
16 open space.
17 And I believe that encompasses the entire
18 amendment.
19 THE CHAIRMAN: Well, I'm glad we got all
20 that on the record.
21 MR. HAINLINE: Wasn't that exciting?
22 Yes, those are the amendments.
23 THE CHAIRMAN: Okay. And you're --
24 MR. HAINLINE: T.R. Hainline, 1301
25 Riverplace Boulevard, representing the Braddock
Diane
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71
1 families.
2 THE CHAIRMAN: Excellent.
3 And you're in agreement and everything is
4 clear on those?
5 MR. HAINLINE: Yes, sir.
6 THE CHAIRMAN: Excellent.
7 All right. Well, seeing no one with any
8 questions for you or -- and there's -- there's
9 no ex-parte to declare, so we will close the
10 public hearing.
11 MR. JOOST: Move the amendment.
12 MR. JONES: Second.
13 THE CHAIRMAN: And that is on --
14 MR. JOOST: Yes, sir, -390.
15 THE CHAIRMAN: Yeah, there's no companion.
16 All right. Motion and second on the
17 amendment on -390.
18 All in favor say aye.
19 COMMITTEE MEMBERS: Aye.
20 THE CHAIRMAN: The amendment passes.
21 MR. JOOST: Move the bill as amended.
22 MR. JONES: Second.
23 THE CHAIRMAN: Motion and second on the
24 bill.
25 Please open the ballot.
Diane M.
Tropia,
72
1 (Committee ballot opened.)
2 MR. HOLT: (Votes yea.)
3 MR. JONES: (Votes yea.)
4 MR. BROWN: (Votes yea.)
5 MR. DAVIS: (Votes yea.)
6 DR. GAFFNEY: (Votes yea.)
7 MR. JOOST: (Votes yea.)
8 MR. REDMAN: (Votes yea.)
9 (Committee ballot closed.)
10 THE CHAIRMAN: Close the ballot, record the
11 vote.
12 MS. LAHMEUR: Seven yeas, zero nay.
13 THE CHAIRMAN: By your action, you have
14 approved -390.
15 Thank you, Mr. Hainline.
16 Items 39, 40, and 41 are all companions.
17 We'll open all those public hearings.
18 And there's an amendment just on the land
19 use. Is that just our standard?
20 MR. CROFTS: Mr. Chairman, for
21 clarification, the standard -- the amendment on
22 the land use is the traditional one that we've
23 been entering on all the amendments tonight,
24 semiannual amendments, and there are --
25 (Power interruption.)
Diane
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1 THE CHAIRMAN: All right. Our computers
2 are down. Before we do anything else, I'm going
3 to make sure our technology is working. Our
4 court reporter is good.
5 I've got a black screen with just some
6 copyright information on it.
7 Well, we're going to take a pause and see
8 if Steve can make sure that we're all okay.
9 (Brief pause in the proceedings.)
10 THE CHAIRMAN: All right. I believe we had
11 opened the public hearing. The only card I have
12 is Mr. Blanchard for questions only.
13 Anyone have any questions? Raise your hand
14 because I don't have the queue.
15 COMMITTEE MEMBERS: (No response.)
16 THE CHAIRMAN: All right. We will close
17 that public hearing.
18 I need a --
19 MR. JOOST: Move the amendment on -391.
20 MR. REDMAN: Second.
21 THE CHAIRMAN: -- amendment on -391.
22 All right. Motion and second on the
23 amendment on -391.
24 All in favor say aye.
25 COMMITTEE MEMBERS: Aye.
Diane M. Tropia,
74
1 THE CHAIRMAN: The amendment passes.
2 MR. JOOST: Move the bill as amended.
3 MR. DAVIS: Second.
4 THE CHAIRMAN: Motion and second on -391.
5 Please open the ballot.
6 (Committee ballot opened.)
7 MR. HOLT: (Votes yea.)
8 MR. JONES: (Votes yea.)
9 MR. BROWN: (Votes yea.)
10 MR. DAVIS: (Votes yea.)
11 DR. GAFFNEY: (Votes yea.)
12 MR. JOOST: (Votes yea.)
13 MR. REDMAN: (Votes yea.)
14 (Committee ballot closed.)
15 THE CHAIRMAN: Close the ballot, record the
16 vote.
17 MS. LAHMEUR: Seven yeas, zero nay.
18 THE CHAIRMAN: By your action, you have
19 approved -391.
20 -392.
21 MR. JOOST: Move the bill.
22 MR. REDMAN: Second.
23 THE CHAIRMAN: Motion and second on -392.
24 Please open the ballot.
25 (Committee ballot opened.)
Diane
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75
1 MR. HOLT: (Votes yea.)
2 MR. JONES: (Votes yea.)
3 MR. BROWN: (Votes yea.)
4 MR. DAVIS: (Votes yea.)
5 DR. GAFFNEY: (Votes yea.)
6 MR. JOOST: (Votes yea.)
7 MR. REDMAN: (Votes yea.)
8 (Committee ballot closed.)
9 THE CHAIRMAN: Close the ballot, record the
10 vote.
11 MS. LAHMEUR: Seven yeas, zero nay.
12 THE CHAIRMAN: By your action, you have
13 approved -392.
14 -393.
15 MR. JOOST: Move the bill.
16 MR. JONES: Second.
17 THE CHAIRMAN: Motion and second on -393.
18 Please open the ballot.
19 (Committee ballot opened.)
20 MR. HOLT: (Votes yea.)
21 MR. JONES: (Votes yea.)
22 MR. BROWN: (Votes yea.)
23 MR. DAVIS: (Votes yea.)
24 DR. GAFFNEY: (Votes yea.)
25 MR. JOOST: (Votes yea.)
Diane M.
Tropia,
76
1 MR. REDMAN: (Votes yea.)
2 (Committee ballot closed.)
3 THE CHAIRMAN: Close the ballot, record the
4 vote.
5 MS. LAHMEUR: Seven yeas, zero nay.
6 THE CHAIRMAN: By your action, you have
7 approved -393.
8 All right. -394 we've already done. That
9 was a companion with item number 1.
10 Item 43, 2010-395. We will open the public
11 hearing.
12 We have an amendment. Is it our standard
13 amendment only?
14 MR. REINGOLD: There's a bunch of stuff.
15 THE CHAIRMAN: Okay. There's a bunch of
16 stuff on this one.
17 (Mr. Hainline approaches the podium.)
18 THE CHAIRMAN: Okay. This is
19 Mr. Hainline. He's a real troublemaker.
20 MR. HAINLINE: No, it's the Department of
21 Community Affairs that got us around to these,
22 so they're the troublemaker.
23 THE CHAIRMAN: Mr. Crofts or Mr. Reingold,
24 who wants to go through all those?
25 MR. REINGOLD: (Indicating.)
Diane
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77
1 THE CHAIRMAN: Thank you, sir.
2 MR. REINGOLD: To the Chair, the amendment
3 essentially reflects what's indicated in your
4 staff report. There is a revision to policy
5 number 10 and there's a new policy, 11, 12, and
6 13, as indicated in your staff report.
7 Additionally, there is the standard amendment
8 regarding section 163.32465 of the
9 Statutes.
10 THE CHAIRMAN: And I believe there was an
11 amendment regarding buffering in the area of
12
13 MR. REINGOLD: To the Chair, actually
14 that's already in the bill. The bill currently
15 indicates that the PUD also shall provide a
16 10-foot natural buffer along the portion of the
17 western boundary of the property which borders
18 residential lots in the rural residential zoning
19 district located on
20 THE CHAIRMAN: Okay.
21 MR. REINGOLD: This buffer will lie
22 adjacent to and east of the approximately
23 100-foot JEA easement along that same boundary
24 line.
25 THE CHAIRMAN: Excellent.
Diane
M. Tropia,
78
1 All right. If there's no questions for
2 Mr. Hainline, we'll close the public hearing.
3 Mr. Hainline, you're okay with all those?
4 MR. HAINLINE: Yes, sir.
5 THE CHAIRMAN: Excellent.
6 I need somebody to move that amendment.
7 MR. JOOST: Move the amendment.
8 DR. GAFFNEY: Second.
9 THE CHAIRMAN: Motion and second on that
10 amendment.
11 All in favor say aye.
12 COMMITTEE MEMBERS: Aye.
13 THE CHAIRMAN: The amendment passes.
14 MR. JONES: Move the bill as amended.
15 MR. JOOST: Second.
16 THE CHAIRMAN: Motion and second on the
17 bill as amended.
18 Please open the ballot.
19 (Committee ballot opened.)
20 MR. HOLT: (Votes yea.)
21 MR. JONES: (Votes yea.)
22 MR. BROWN: (Votes yea.)
23 MR. DAVIS: (Votes yea.)
24 DR. GAFFNEY: (Votes yea.)
25 MR. JOOST: (Votes yea.)
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1 MR. REDMAN: (Votes yea.)
2 (Committee ballot closed.)
3 THE CHAIRMAN: Close the ballot, record the
4 vote.
5 MS. LAHMEUR: Seven yeas, zero nay.
6 THE CHAIRMAN: By your action, you have
7 approved -395.
8 Okay. Items 44 and 45 are companions.
9 Open both those public hearings.
10 There's an amendment on both of them.
11 Mr. Crofts.
12 MR. CROFTS: Mr. Chairman, the -- item 44
13 will be -- the amendment will be on that one,
14 would be our standard amendment that we've been
15 reflecting on all bills going to the State
16 tonight.
17 And on item 45, there are five conditions
18 and I'll read those into the record for your
19 consideration.
20 Number 1, "The developer shall be subject
21 to the original legal description dated
22 March 18th, 2010."
23 Number 2, "The developer shall be subject
24 to the original written description dated
25 March 18th, 2010."
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1 Number 3, "The developer shall be subject
2 to the original site plan dated March 19th,
3 2010."
4 Number 4, "The required transportation
5 improvements shall be made in accordance with
6 the Development Services memorandum dated
7 May 6th, 2010, or as otherwise approved by the
8 Planning and Development Department."
9 Number 5 and finally, "The development
10 shall provide a recreation area pursuant to
11 Section 656.420 of the zoning code."
12 That's it.
13 THE CHAIRMAN: All right. Just out of
14 curiosity, Mr. Crofts, is -- you mentioned --
15 will provide a recreation area on this bill and
16 others similar to it. Does the developer still
17 have the option of paying into park funds? I
18 think we -- we passed that a year or so ago.
19 MR. KELLY: That's correct.
20 It depends on the total number of lots. I
21 think once -- once you exceed -- I want to say
22 the threshold is 99 lots, that -- the option to
23 pay in is -- essentially goes away and they have
24 to provide the area.
25 THE CHAIRMAN: Well, this one will
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1 qualify. It has 200.
2 All right. Thank you, sir.
3 Anybody have any questions for Mr. Herzberg
4 or need to declare an ex-parte on -397?
5 COMMITTEE MEMBERS: (No response.)
6 THE CHAIRMAN: Seeing none, we will close
7 the public hearing.
8 MR. JOOST: Move the amendment.
9 DR. GAFFNEY: Second.
10 THE CHAIRMAN: Mr. Herzberg, you're okay
11 with all those amendments?
12 MR. HERZBERG: Yes, sir.
13 THE CHAIRMAN: Okay. I have a motion and
14 second on the amendment on -396.
15 DR. GAFFNEY: Move the bill as amended.
16 MR. DAVIS: Second.
17 THE CHAIRMAN: All in favor say aye.
18 COMMITTEE MEMBERS: Aye.
19 THE CHAIRMAN: Amendment passes.
20 MR. JONES: Move the bill as amended.
21 MR. JOOST: Second.
22 THE CHAIRMAN: Motion and second on -396.
23 Open the ballot.
24 (Committee ballot opened.)
25 MR. HOLT: (Votes yea.)
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1 MR. JONES: (Votes yea.)
2 MR. BROWN: (Votes yea.)
3 MR. DAVIS: (Votes yea.)
4 DR. GAFFNEY: (Votes yea.)
5 MR. JOOST: (Votes yea.)
6 MR. REDMAN: (Votes yea.)
7 (Committee ballot closed.)
8 THE CHAIRMAN: Close the ballot, record the
9 vote.
10 MS. LAHMEUR: Seven yeas, zero nay.
11 THE CHAIRMAN: By your action, you have
12 approved -396.
13 I need a --
14 MR. JOOST: Move the amendment on -397.
15 MR. DAVIS: Second.
16 THE CHAIRMAN: Motion and second on the
17 amendment on -397.
18 All in favor say aye.
19 COMMITTEE MEMBERS: Aye.
20 THE CHAIRMAN: Amendment passes.
21 Move the bill.
22 MR. JOOST: Second.
23 THE CHAIRMAN: I can't move it.
24 MR. JOOST: Motion and second on -397.
25 THE CHAIRMAN: First and --
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1 MR. JONES: Second.
2 THE CHAIRMAN: Motion and second on -397.
3 Please open the ballot.
4 (Committee ballot opened.)
5 MR. HOLT: (Votes yea.)
6 MR. JONES: (Votes yea.)
7 MR. BROWN: (Votes yea.)
8 MR. DAVIS: (Votes yea.)
9 DR. GAFFNEY: (Votes yea.)
10 MR. JOOST: (Votes yea.)
11 MR. REDMAN: (Votes yea.)
12 (Committee ballot closed.)
13 THE CHAIRMAN: Close the ballot, record the
14 vote.
15 MS. LAHMEUR: Seven yeas, zero nay.
16 THE CHAIRMAN: By your action, you have
17 approved -397.
18 MR. HERZBERG: Thank you all.
19 THE CHAIRMAN: Getting our -- letting our
20 procedure run us crazy here.
21 All right. 2010-398. We will open the
22 public hearing.
23 Mr. Crofts, is this the standard amendment
24 only?
25 MR. CROFTS: Standard amendment only, and I
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1 will describe it to you briefly, that this is
2 a -- a correction in a bill that was adopted in
3 2008 with regard to the maximum square footage
4 that would be allowed in this particular
5 development.
6 The intent was to have 2.5 million square
7 feet to -- of light industrial and supporting
8 uses to be included. What was approved was
9 something less, 2.2 million, and so this
10 actually corrects it to what the original intent
11 was in that particular land use amendment.
12 THE CHAIRMAN: Excellent.
13 (Mr. Ingram approaches the podium.)
14 THE CHAIRMAN: All right. Mr. Ingram.
15 Anybody have any questions for Mr. Ingram?
16 COMMITTEE MEMBERS: (No response.)
17 THE CHAIRMAN: If not, we will close that
18 public hearing.
19 I need somebody to move that amendment.
20 MR. JOOST: Move the amendment.
21 MR. JONES: Second.
22 THE CHAIRMAN: Motion and second on the
23 amendment.
24 All in favor say aye.
25 COMMITTEE MEMBERS: Aye.
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1 THE CHAIRMAN: Amendment passes.
2 MR. JOOST: Move the bill as amended.
3 MR. JONES: Second.
4 THE CHAIRMAN: Motion and second on the
5 bill.
6 Please open the ballot.
7 (Committee ballot opened.)
8 MR. HOLT: (Votes yea.)
9 MR. JONES: (Votes yea.)
10 MR. BROWN: (Votes yea.)
11 MR. DAVIS: (Votes yea.)
12 DR. GAFFNEY: (Votes yea.)
13 MR. JOOST: (Votes yea.)
14 MR. REDMAN: (Votes yea.)
15 (Committee ballot closed.)
16 THE CHAIRMAN: Close the ballot, record the
17 vote.
18 MS. LAHMEUR: Seven yeas, zero nay.
19 THE CHAIRMAN: By your action, you have
20 approved -398.
21 All right. We're getting there, folks.
22 We're almost done. A couple more pages.
23 Item 47, 2010-399. We will open that
24 public hearing.
25 There's an amendment. Is it our standard
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1 amendment only?
2 MR. CROFTS: Yes.
3 THE CHAIRMAN: All right.
4 MR. CROFTS: That's correct.
5 THE CHAIRMAN: So I'll close the public
6 hearing. No speakers.
7 MR. JOOST: Move the amendment.
8 MR. DAVIS: Second.
9 THE CHAIRMAN: Motion and second on the
10 amendment.
11 All in favor say aye.
12 COMMITTEE MEMBERS: Aye.
13 THE CHAIRMAN: The amendment passes.
14 (Simultaneous speaking.)
15 THE CHAIRMAN: Motion and second.
16 Please open the ballot.
17 (Committee ballot opened.)
18 MR. HOLT: (Votes yea.)
19 MR. JONES: (Votes yea.)
20 MR. BROWN: (Votes yea.)
21 MR. DAVIS: (Votes yea.)
22 DR. GAFFNEY: (Votes yea.)
23 MR. JOOST: (Votes yea.)
24 MR. REDMAN: (Votes yea.)
25 (Committee ballot closed.)
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1 THE CHAIRMAN: Close the ballot.
2 MS. LAHMEUR: Seven yeas, zero nay.
3 THE CHAIRMAN: By your action, you have
4 approved -399.
5 2010-400. We will open the public
6 hearing.
7 I have a note that Mr. Dylan wants to say
8 something on that.
9 MR. REINGOLD: The amendment, in addition
10 to the standard amendment that has been
11 discussed all evening, is also a revised exhibit
12 which incorporates two small changes to the MU
13 policy as described in your staff report.
14 THE CHAIRMAN: Excellent.
15 MR. JOOST: Is the public hearing still
16 open?
17 THE CHAIRMAN: I will close the public
18 hearing.
19 MR. JOOST: Move the amendment.
20 MR. JONES: Second.
21 THE CHAIRMAN: Motion and second on the
22 amendment.
23 All in favor say aye.
24 COMMITTEE MEMBERS: Aye.
25 THE CHAIRMAN: Amendment passes.
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1 MR. JOOST: Move the bill as amended.
2 MR. DAVIS: Second.
3 THE CHAIRMAN: Motion and second on the
4 bill.
5 Please open the ballot.
6 (Committee ballot opened.)
7 MR. HOLT: (Votes yea.)
8 MR. JONES: (Votes yea.)
9 MR. BROWN: (Votes yea.)
10 MR. DAVIS: (Votes yea.)
11 DR. GAFFNEY: (Votes yea.)
12 MR. JOOST: (Votes yea.)
13 MR. REDMAN: (Votes yea.)
14 (Committee ballot closed.)
15 THE CHAIRMAN: Close that ballot, record
16 the vote.
17 MS. LAHMEUR: Seven yeas, zero nay.
18 THE CHAIRMAN: By your action, you have
19 approved 2010-400.
20 2010-401.
21 DR. GAFFNEY: Move the bill.
22 MS. BROWN: Second.
23 THE CHAIRMAN: Mr. Reingold, did you want
24 to speak on this one?
25 MR. REINGOLD: I can if the committee
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1 wants. It's just the standard amendment.
2 THE CHAIRMAN: Okay.
3 All right. We will close the public
4 hearing.
5 MR. JOOST: (Off microphone.)
6 THE CHAIRMAN: There is no amendment on
7 this one.
8 MR. JOOST: (Off microphone.)
9 MR. REINGOLD: It's the standard
10 reference -- the legislative reference --
11 THE CHAIRMAN: But it needs to be on --
12 moved? That needs to be moved on --
13 MR. DAVIS: Move the amendment.
14 MR. JONES: Second.
15 THE CHAIRMAN: All right. Motion and
16 second on that amendment.
17 All in favor say aye.
18 COMMITTEE MEMBERS: Aye.
19 THE CHAIRMAN: The amendment passes.
20 MR. JONES: Move the bill as amended.
21 MR. DAVIS: Second.
22 THE CHAIRMAN: Motion and second on -401.
23 Please open the ballot.
24 (Committee ballot opened.)
25 MR. HOLT: (Votes yea.)
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1 MR. JONES: (Votes yea.)
2 MR. BROWN: (Votes yea.)
3 MR. DAVIS: (Votes yea.)
4 DR. GAFFNEY: (Votes yea.)
5 MR. JOOST: (Votes yea.)
6 MR. REDMAN: (Votes yea.)
7 (Committee ballot closed.)
8 THE CHAIRMAN: Close the ballot, record the
9 vote.
10 MS. LAHMEUR: Seven yeas, zero nay.
11 THE CHAIRMAN: By your action, you have
12 approved -401.
13 2010-402. Open the public hearing.
14 Standard amendment only?
15 MR. CROFTS: Yes.
16 MR. REINGOLD: As I understand it, there is
17 a standard amendment; however, I'm not sure if
18 the committee wanted to discuss or consider a
19 change to the text amendment, which is the
20 Capital Improvement Element policy concerning
21 our concurrency management system.
22 MR. JOOST: Why don't you explain that to
23 us.
24 THE CHAIRMAN: Yeah, explain that to us.
25 Tell us exactly what this is doing because
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1 we're -- I think we're all kind of waiting on
2 the fair share mobility plan information.
3 MR. REINGOLD: To the committee,
4 essentially what it does is it -- it establishes
5 a policy that, in the interim, between now and
6 when we've got a mobility fee system, that it
7 sets up -- or at least sets a framework for an
8 alternate formula to be used in certain
9 circumstances.
10 The way that the bill reads now is
11 essentially that -- the calculation of the fair
12 share, under this new formula, would be subject
13 to specific types of developments, one in which
14 they would have an authorized -- they would be
15 authorized to have a final development order
16 issued before the adoption of the mobility fee
17 system and it essentially has to be constructed
18 within 18 months.
19 The amended language -- or the proposed
20 amended language would be that there be some
21 other criteria added in such as job creation and
22 some standards relating to those types of
23 factors.
24 THE CHAIRMAN: Mr. Davis, do you want to
25 speak on this?
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1 MR. DAVIS: Briefly.
2 Mr. Chair, I appreciate the opportunity.
3 What this does is it gives us the
4 opportunity, if we wanted to in the future, to
5 create incentives for people to start moving
6 dirt, just to create jobs. This does not do
7 that. That would be in an ordinance form. I
8 think that would be where the real debate comes
9 as far as how do we create this incentive
10 process to make people that are sitting on the
11 sidelines because they just don't have enough
12 incentive to get in, take the risk, to actually
13 nudge them off the cliff to be able to get in
14 the game.
15 So this is basically harmless. What we
16 need to do is get into the debate once we create
17 a bill, so I'd appreciate your support on this.
18 THE CHAIRMAN: So this amendment basically
19 would allow us to, in the future, do something
20 similar to what we're doing with the fair share
21 program, kind of discounting certain uses,
22 something like that?
23 MR. DAVIS: What it does is it gives us the
24 ability to have a -- to, amongst ourselves, come
25 up with a different formula --
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1 THE CHAIRMAN: Okay.
2 MR. DAVIS: -- basically, and the amendment
3 would say that it has to be tied to job
4 creation, so -- I think that when we got
5 comments back from DCA, that was one of the
6 things they wanted to see was, well, what does
7 that -- what does that mean, so that's what the
8 amendment will do.
9 THE CHAIRMAN: Excellent.
10 Anybody else have any questions on that?
11 COMMITTEE MEMBERS: (No response.)
12 THE CHAIRMAN: All right. Well, then,
13 we'll close that public hearing.
14 MR. JOOST: Move the amendment.
15 MR. REDMAN: Second.
16 THE CHAIRMAN: Motion and second on the
17 amendment.
18 All in favor say aye.
19 COMMITTEE MEMBERS: Aye.
20 THE CHAIRMAN: The amendment passes.
21 MR. JOOST: Move the bill as amended.
22 MR. JONES: Second.
23 THE CHAIRMAN: Please open the ballot.
24 (Committee ballot opened.)
25 MR. HOLT: (Votes yea.)
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1 MR. JONES: (Votes yea.)
2 MR. BROWN: (Votes yea.)
3 MR. DAVIS: (Votes yea.)
4 DR. GAFFNEY: (Votes yea.)
5 MR. JOOST: (Votes yea.)
6 MR. REDMAN: (Votes yea.)
7 (Committee ballot closed.)
8 THE CHAIRMAN: Close the ballot, record the
9 vote.
10 MS. LAHMEUR: Seven yeas, zero nay.
11 THE CHAIRMAN: By your action, you have
12 approved -402.
13 MR. REINGOLD: To the Chair.
14 THE CHAIRMAN: Mr. Reingold.
15 MR. REINGOLD: I just heard a question from
16 Mr. Crofts.
17 Essentially, the amendment wraps up what
18 Councilmember Davis did and the -- the statutory
19 reference.
20 THE CHAIRMAN: Okay.
21 All right. We are at page 15, which --
22 items 51, 52, 53, and 54 are all read second.
23 Have I missed anything, folks, people who
24 watch closer than me? Closer than I.
25 Excuse me.
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1 COMMITTEE MEMBERS: (No response.)
2 STAFF MEMBERS: (No response.)
3 THE CHAIRMAN: All right. Well, then, we
4 are adjourned.
5 (The above proceedings were adjourned at
6 6:10 p.m.)
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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 18th day of June, 2010.
11
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14 Diane M. Tropia
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Diane
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