1 CITY OF
2 LAND USE AND ZONING
3 COMMITTEE
4
5
6 Proceedings held on Wednesday, February 17,
7 2010, commencing at 5:05 p.m., City Hall, Council
8 Chambers, 1st Floor,
9 Diane M. Tropia, a Notary Public in and for the State
10 of
11
12 PRESENT:
13 RAY HOLT, Chair.
WARREN JONES, Vice Chair.
14 REGINALD BROWN, Committee Member.
DANIEL DAVIS, Committee Member.
15 STEPHEN JOOST, Committee Member.
DON REDMAN, Committee Member.
16
17 ALSO PRESENT:
18 JOHN CROFTS, Deputy Director, Planning Dept.
SEAN KELLY, Chief, Current Planning.
19 FOLKS HUXFORD, Zoning Administrator.
DYLAN REINGOLD, Office of General Counsel.
20 RICK CAMPBELL, Research Assistant.
MERRIANE LAHMEUR, Legislative Assistant.
21 JESSICA STEPHENS, Legislative Assistant.
22 - - -
23
24
25
Diane M. Tropia,
2
1 P R O C E E D I N G S
2 February 17, 2010 5:05 p.m.
3 - - -
4 THE CHAIRMAN: All right. Good evening,
5 everybody.
6 We actually have a fairly lengthy agenda
7 tonight. Nothing like back in '07, but we want
8 to try and get moving pretty quickly because
9 I've got some council members that are going to
10 be needing to leave a little early. And I know
11 some people want to get out and have some other
12 meetings. Some of our applicants have said they
13 need to go to a community meeting.
14 We don't have any visiting council members
15 here tonight? That's surprising.
16 All right. Folks, let's --
17 Mr. Crofts, why don't you start us off. Go
18 around the horn and we'll introduce ourselves.
19 MR. CROFTS: I'm John Crofts, and I'm
20 representing the Planning and Development
21 Department.
22 MR. KELLY: Sean Kelly, Planning and
23 Development.
24 MR. REINGOLD: Good evening.
25 It's Dylan Reingold with the Office of
Diane M.
Tropia,
3
1 General Counsel.
2 MR. DAVIS: Daniel Davis.
3 MR. BROWN: Reginald Brown.
4 THE CHAIRMAN: Ray Holt, District 11.
5 MR. JONES: Warren Jones, District 9.
6 THE CHAIRMAN: Former president.
7 MR. JOOST: Stephen Joost, Group 3,
8 at-large.
9 MR. REDMAN: Don Redman, District 4.
10 THE CHAIRMAN: All right. Starting on
11 page 2, Councilmembers, item 1 is deferred,
12 item 2 is deferred.
13 Page 3, item 3, 2009-91. We'll open the
14 public hearing.
15 We have no speakers. We'll close the
16 public hearing.
17 We have an amendment.
18 MR. JONES: Move the amendment.
19 MR. JOOST: Second.
20 THE CHAIRMAN: A motion and second on the
21 amendment.
22 All in favor, please say aye.
23 COMMITTEE MEMBERS: Aye.
24 THE CHAIRMAN: Amendment passes.
25 MR. JONES: Move the bill as amended.
Diane M.
Tropia,
4
1 MR. REDMAN: Second.
2 THE CHAIRMAN: A motion and second on the
3 bill as amended.
4 Anyone need to speak?
5 AUDIENCE MEMBERS: (No response.)
6 THE CHAIRMAN: Seeing no speakers, please
7 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 MR. JOOST: (Votes yea.)
14 MR. REDMAN: (Votes yea.)
15 THE CHAIRMAN: Close the ballot, record the
16 vote.
17 (Committee ballot closed.)
18 MR. LAHMEUR: Six yeas, zero nays.
19 THE CHAIRMAN: By your action, you have
20 approved 2009-91.
21 I'm going to skip over number 4 because I'm
22 hoping that we're going to have some visiting
23 council members on that later.
24 Number 5, open the public hearing.
25 Seeing no speakers, we'll continue that
Diane M.
Tropia,
5
1 public hearing to 3/2 and take no further
2 action.
3 Item 6 and 7 are deferred.
4 Items 8, 9, 10 and 11 are related. I'm
5 going to open the public hearing on all four of
6 those.
7 Mr. Harden.
8 (Mr. Harden approaches the podium.)
9 MR. HARDEN: Yes, sir, Mr. Chairman.
10 Paul Harden,
11 Are you going to have the staff go first?
12 THE CHAIRMAN: Yeah.
13 Mr. Crofts, I believe there was an
14 amendment issue on this one. Can you clarify
15 all that?
16 MR. CROFTS: Item number 8, there was not
17 an amendment, 2009-655.
18 Item 9, 2009-656 was the PUD for the
19 property at 6220 and
20 921
21 the alley reference in the legal. And there
22 were basically six conditions in that
23 legislation that dealt with development and the
24 site plan. I'm just generalizing.
25 And then number 10, there was an amendment
Diane M.
Tropia,
6
1 2009-657, which excluded the alleyway.
2 And number 11, basically the amendment
3 there was to delete the alleyways and again to
4 basically replicate the conditions that were in
5 the PUD to the adjoining piece of property.
6 And, again, that's just a generalization.
7 I will read them specifically if you'd like.
8 But the department has looked at this. We
9 have found it consistent with the comprehensive
10 plan and complements the existing uses out there
11 as an appropriate infill. And with the PUD,
12 supportive PUD and the conditions dealing with
13 the uses and the buffers, we're in support of
14 it.
15 THE CHAIRMAN: Okay. Do you need all the
16 conditions read, Mr. Harden, or are you in
17 agreement?
18 MR. HARDEN: I do not. I do not.
19 This is an existing business that's been
20 there 50 years. It's -- the conditions just
21 buffer it from an adjoining neighbor, so . . .
22 THE CHAIRMAN: Okay. All right.
23 Do we have any speakers?
24 Mr. Jones.
25 MR. JONES: Thanks.
Diane M.
Tropia,
7
1 Through the Chair to Mr. Harden, why did
2 you have to rezone if it's an existing
3 business?
4 MR. HARDEN: Councilman Jones, it -- a
5 portion of the business was designated LDR when
6 they did the comp plan back in the '80s. It had
7 preexisted the comp plan since before '69.
8 In the last year or so, the City realized
9 that there was an inconsistent land use with the
10 actual use, so we filed it to bring it into
11 compliance. And at that same time, we agreed to
12 bring it up to code on some buffers and
13 landscaping, that sort of thing.
14 MR. JONES: Okay. Thank you.
15 THE CHAIRMAN: All right. And,
16 Councilmembers, items 9 and 11 are
17 quasi-judicial. So if you need to give your
18 quasi-judicial on that.
19 COMMITTEE MEMBERS: (No response.)
20 THE CHAIRMAN: All right. Seeing no
21 speakers, we will close that public hearing.
22 I need a motion on -655, please.
23 MR. JOOST: Move the bill.
24 MR. JONES: Second.
25 THE CHAIRMAN: A motion and second on
Diane M.
Tropia,
8
1 2009-655.
2 Please open the ballot.
3 (Committee ballot opened.)
4 MR. HOLT: (Votes yea.)
5 MR. JONES: (Votes yea.)
6 MR. BROWN: (Votes yea.)
7 MR. DAVIS: (Votes yea.)
8 MR. JOOST: (Votes yea.)
9 MR. REDMAN: (Votes yea.)
10 THE CHAIRMAN: Close the ballot, record the
11 vote.
12 (Committee ballot closed.)
13 MS. LAHMEUR: Six yeas, zero nays.
14 THE CHAIRMAN: By your action, you've
15 approved -655.
16 -656.
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 of the amendment, please
22 signify by saying aye.
23 COMMITTEE MEMBERS: Aye.
24 THE CHAIRMAN: The amendment passes.
25 Motion on the bill.
Diane M.
Tropia,
9
1 MR. JOOST: Move the bill as amended.
2 MR. JONES: Second.
3 THE CHAIRMAN: A motion and second on the
4 bill as amended.
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 MR. JOOST: (Votes yea.)
12 MR. REDMAN: (Votes yea.)
13 THE CHAIRMAN: Record the vote.
14 (Committee ballot closed.)
15 MR. LAHMEUR: Five yeas, zero -- six yeas,
16 zero nays.
17 THE CHAIRMAN: By your action, you've
18 approved -656.
19 Item 10, -657. There's --
20 MR. JOOST: Move the amendment.
21 MR. JONES: Second.
22 THE CHAIRMAN: A motion and second on the
23 amendment.
24 All in favor of the amendment, signify by
25 saying aye.
Diane M.
Tropia,
10
1 COMMITTEE MEMBERS: Aye.
2 THE CHAIRMAN: Amendment passes.
3 MR. JONES: Move the bill as amended.
4 MR. JOOST: Second.
5 THE CHAIRMAN: A motion and second on the
6 bill as amended.
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 MR. JOOST: (Votes yea.)
14 MR. REDMAN: (Votes yea.)
15 THE CHAIRMAN: Close the ballot, record the
16 vote.
17 (Committee ballot closed.)
18 MS. LAHMEUR: Six yeas, zero nays.
19 THE CHAIRMAN: By your action, you've
20 approved 2009-657.
21 Page 6, number 11, 2009-658.
22 MR. JONES: Move the amendment.
23 MR. JOOST: Second.
24 THE CHAIRMAN: A motion and second on the
25 amendment. All in favor of the amendment,
Diane M.
Tropia,
11
1 signify by saying aye.
2 COMMITTEE MEMBERS: Aye.
3 THE CHAIRMAN: The amendment passes.
4 MR. JONES: Move the bill as amended.
5 MR. JOOST: Second.
6 THE CHAIRMAN: A motion and second on the
7 bill as amended.
8 Please open the ballot.
9 (Committee ballot opened.)
10 MR. HOLT: (Votes yea.)
11 MR. JONES: (Votes yea.)
12 MR. BROWN: (Votes yea.)
13 MR. DAVIS: (Votes yea.)
14 MR. JOOST: (Votes yea.)
15 MR. REDMAN: (Votes yea.)
16 THE CHAIRMAN: Close the ballot, record the
17 vote.
18 (Committee ballot closed.)
19 MR. LAHMEUR: Six yeas, zero nays.
20 THE CHAIRMAN: By your action, you've
21 approved 2009-658.
22 Thank you, Mr. Harden.
23 MR. HARDEN: Thank you.
24 THE CHAIRMAN: All right. Item 12 is
25 deferred.
Diane M.
Tropia,
12
1 Item 13, we're going to open the public
2 hearing. And seeing no speakers, we'll continue
3 it and take no further action until March 2nd.
4 Let's see. There are a few items I wanted
5 to take out of order.
6 Councilmembers, if we could go to page 8,
7 item 20 and 21. Those are both together. I
8 want to open the public hearing on both of
9 those.
10 MR. HARDEN: Paul Harden, 501
11 Avenue.
12 THE CHAIRMAN: All right. Mr. Crofts,
13 could you go over -- well, there are no
14 amendments on that.
15 MR. HARDEN: These are transmittals of a
16 semiannual comp plan amendment. So you'll see
17 them again in several months with the adoption
18 and the land use.
19 THE CHAIRMAN: All right. Anybody have any
20 questions of Mr. Harden? Anybody --
21 COMMITTEE MEMBERS: (No response.)
22 THE CHAIRMAN: Neither one of them are
23 quasi-judicial.
24 All right. Seeing no speakers, we will
25 close that public hearing.
Diane M.
Tropia,
13
1 Need a motion on the bill on -19.
2 MR. REDMAN: Make a motion.
3 MR. JOOST: Second.
4 THE CHAIRMAN: A motion and second on
5 2010-19.
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 MR. JOOST: (Votes yea.)
13 MR. REDMAN: (Votes yea.)
14 THE CHAIRMAN: Close the ballot, record the
15 vote.
16 (Committee ballot closed.)
17 MS. LAHMEUR: Six yeas, zero nays.
18 THE CHAIRMAN: By your action, you've
19 approved 2010-19.
20 Number 21, 2010-20. I need a motion on the
21 bill.
22 MR. REDMAN: Make a motion to approve it.
23 MR. JONES: Second.
24 THE CHAIRMAN: A motion and second on
25 2010-20.
Diane M.
Tropia,
14
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 MR. JOOST: (Votes yea.)
8 MR. REDMAN: (Votes yea.)
9 THE CHAIRMAN: Close the ballot, record the
10 vote.
11 (Committee ballot closed.)
12 MR. LAHMEUR: Six yeas, zero nays.
13 THE CHAIRMAN: By your action, you've
14 approved 2010-20.
15 Let's see. And if we can move to page 9,
16 number 25.
17 MR. HARDEN: Paul Harden, 501
18 Avenue.
19 This is, again, a comp plan amendment,
20 semiannual transmittal. This is in the
21 chairman's district. It's to go to an
22 industrial heavy use. All the surrounding uses
23 are industrial heavy currently.
24 THE CHAIRMAN: Okay.
25 MR. HARDEN: All the surrounding -- not
Diane M.
Tropia,
15
1 surrounding uses, surrounding zonings.
2 THE CHAIRMAN: All right. We will open the
3 public hearing.
4 Anybody need to speak to Mr. Harden about
5 this one?
6 Mr. Crofts, do you have anything that needs
7 to go in the public hearing?
8 MR. CROFTS: Staff recommends approval.
9 And, you know, that basically wraps it up.
10 I have nothing else to add.
11 THE CHAIRMAN: All right. Thank you, sir.
12 Close the public hearing.
13 Need a motion on the bill.
14 MR. JONES: Move the bill.
15 MR. JOOST: Second.
16 THE CHAIRMAN: A motion and second on the
17 bill.
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 MR. JOOST: (Votes yea.)
25 MR. REDMAN: (Votes yea.)
Diane M.
Tropia,
16
1 THE CHAIRMAN: Close the ballot, record the
2 vote.
3 (Committee ballot closed.)
4 MR. LAHMEUR: Six yeas, zero nays.
5 THE CHAIRMAN: By your action, you've
6 approved 2010-24.
7 Thank you, sir.
8 All right. Let's see if I can get back to
9 where we were before without missing any items.
10 All right. We have done all of page 4, 5,
11 and up to number 11.
12 Item 12 is deferred. Item 13 we opened. I
13 think we need to pick up with item 14 on page 7,
14 2010-13. We'll open that public hearing.
15 I have Paul Witt here for questions only.
16 Anybody have any questions for Mr. Witt?
17 COMMITTEE MEMBERS: (No response.)
18 THE CHAIRMAN: All right. Mr. Crofts, do
19 you have anything to add in the public hearing?
20 MR. CROFTS: No, sir. This is a
21 conventional rezoning and staff recommends
22 approval. It's consistent with the surrounding
23 development and the 2010 Comprehensive Plan.
24 THE CHAIRMAN: Excellent. Thank you, sir.
25 We'll close that public hearing.
Diane M. Tropia,
17
1 Need a motion on the bill.
2 MR. JONES: Move the bill.
3 MR. REDMAN: Second.
4 THE CHAIRMAN: A motion and second on
5 2010-13.
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 MR. JOOST: (Votes yea.)
13 MR. REDMAN: (Votes yea.)
14 THE CHAIRMAN: Close the ballot, record the
15 vote.
16 (Committee ballot closed.)
17 MR. LAHMEUR: Six yeas, zero nays.
18 THE CHAIRMAN: By your action, you've
19 approved 2010-13.
20 All right. Number 15 is a waiver of road
21 frontage. We will open that public hearing.
22 I have Mr. Dan Boswell.
23 (Audience member approaches the podium.)
24 AUDIENCE MEMBER: Yes.
25 Dan Boswell,
Diane M.
Tropia,
18
1
2 THE CHAIRMAN: All right. Did you want to
3 speak now, or did you want to hear from the
4 Planning Department first?
5 MR. BOSWELL: Might as well hear from the
6 Planning Department, please.
7 THE CHAIRMAN: All right. Mr. Crofts or
8 Mr. Kelly, whoever wants to handle it, can
9 you-all tell us about this? Because I know we
10 have a recommendation of denial on this.
11 MR. KELLY: That's correct. Thank you.
12 To the Chair, members of the Land Use and
13 Zoning Committee, application for the waiver of
14 minimum required road frontage, WRF-09-16, and
15 ordinance 2010-14 seeks to reduce the required
16 minimum road frontage for four lots. There's
17 actually five lots, I guess, proposed in this
18 development, but four of the lots do not have
19 any legal road frontage on an approved public or
20 an approved private right-of-way.
21 The department feels that this is an
22 accumulative detrimental effect and, in fact,
23 the de facto subdivision as a result where
24 you're allowing for the continuation and the lot
25 split without regard for the health, safety and
Diane M. Tropia,
19
1 welfare in making sure that these lots are
2 accessible from an approved public or an
3 approved private road. We feel that this
4 request, again, circumvents the subdivision
5 regulations. And for this number of lots, we
6 would not support this request.
7 THE CHAIRMAN: Thank you, sir.
8 Anybody have any questions for Mr. Kelly or
9 any comments?
10 COMMITTEE MEMBERS: (No response.)
11 THE CHAIRMAN: I have a question,
12 Mr. Kelly.
13 Just looking through the notes on this, it
14 was my understanding that at one point at least,
15 there were four mobile homes on this property;
16 is that right?
17 MR. KELLY: I would defer to the applicant
18 if this was previously a mobile home park, which
19 may have been there. But even at that time,
20 because of the condition --
21 THE CHAIRMAN: There are four addresses.
22 MR. KELLY: Correct.
23 THE CHAIRMAN: Okay.
24 MR. KELLY: So -- but even at that time,
25 the condition of the
Diane M.
Tropia,
20
1 up to City standards.
2 THE CHAIRMAN: Okay.
3 All right. Go ahead, Mr. Boswell. It's
4 all yours.
5 MR. BOSWELL: Yes. Thank you.
6 This is -- these lots that face
8 They've been there for many years, and each of
9 them have their own septic tank and well
10 system. And there are -- this short private
11 road, there are other mobile home lots on the
12 same private road.
13 There are not any mobile homes there right
14 now. They were removed by the owner because he
15 was tired of renting these out and they were
16 having some issues with the renters keeping the
17 property up. And he thought, well, with owners
18 there, if they purchased the property in
19 conjunction with a new mobile home, then they
20 would take better care of the property and the
21 neighborhood would be happier with the people
22 living there.
23 There are four separate addresses for those
24 properties. There are other residences on that
25 same lane of the same size and condition of the
Diane M.
Tropia,
21
1 lots. So this is not asking for a rezoning or
2 land use change where we're taking something
3 more aggressive in the neighborhood there. It's
4 already been there, it's preexisting. And all
5 he's asking to do is break up the property so it
6 can be sold off, the lots can be sold off.
7 And one of the things he is going to do is
8 to provide public JEA water to the properties.
9 And that's pretty much it.
10 THE CHAIRMAN: Mr. Jones, you have a
11 question for Mr. Boswell?
12 MR. JONES: Thank you, Mr. Chairman.
13 Through the Chair to Mr. Boswell. If he's
14 going to sell them off, how will people access
15 those individual lots?
16 MR. BOSWELL: They'll access them from that
18 a one-block-long private road that comes off of
20 Across the road facing these properties is
21 all industrial park, which are warehousing
22 and -- but on this side of the road, it's pretty
23 much all mobile homes and very much older homes
24 that are on this side of the road. And most of
25 them are RLD-60, which is 60-foot-wide lots.
Diane M.
Tropia,
22
1 And that's what this is. These have a minimum
2 of 60-foot width plus.
3 MR. JONES: Now, the private road, who is
4 it maintained by?
5 MR. BOSWELL: It's maintained right now
6 privately. It's not maintained by the City
7 because it's a private road. But all the other
8 people on the road are in the same situation as
9 these four lots are.
10 There is no increase in the density, what's
11 being asked for. These are preexisting.
12 They've been there for a long time. And
13 that's -- the only reason that we're going
14 forward, it's -- right now, currently, they're
15 all under one RE number. And to be able to sell
16 them off individually, they need to be broken
17 up. That's all.
18 MR. JONES: Does the private road meet the
19 minimum City standards for a private road?
20 MR. BOSWELL: It appears to be.
21 There's a short piece of a public road
22 coming off -- what appears to be a public road
23 coming off of
24 40 to 50 feet in. And then it goes from paved
25 down to a dirt road and continues maybe -- maybe
Diane M.
Tropia,
23
1 250 feet further on this dirt road to service
2 the other residences there as well as these.
3 MR. JONES: So in the event of an
4 emergency, you have access?
5 MR. BOSWELL: Yes, sir.
6 MR. JONES: Police, fire, rescue?
7 MR. BOSWELL: Absolutely. Yes, sir.
8 MR. JONES: Thank you.
9 THE CHAIRMAN: Mr. Brown.
10 MR. BROWN: Yes, Mr. Chairman.
11 I would like to ask to defer this for two
12 weeks. The reason being is that typically I do
13 like to lean towards the subject matter expert
14 in their decision and support their decision
15 because they are the subject matter expert, but
16 I also like to be able to have a visual
17 opportunity to go out to the site to see what
18 you're talking about. That way I won't make a
19 decision to or not to support without all the
20 information.
21 And I didn't reach out to you, you didn't
22 reach out to me. But I would like that
23 opportunity, you know, before.
24 THE CHAIRMAN: I'd be happy to.
25 MR. BROWN: Thank you.
Diane M.
Tropia,
24
1 THE CHAIRMAN: I'd be happy to defer this
2 item.
3 All right. Mr. Boswell, if you can follow
4 up with Mr. Brown another time.
5 MR. BOSWELL: (Inaudible.)
6 THE CHAIRMAN: We will defer this item and
7 take it up in two weeks.
8 MR. BOSWELL: Thank you.
9 THE CHAIRMAN: Thank you, sir.
10 I'm sorry. We will continue the public
11 hearing.
12 We will continue that public hearing until
13 3/2.
14 All right. I'm sorry to be jumping around
15 so much, folks, but I've got some folks that
16 have to go to other public meetings. So if we
17 could jump forward to item number 27 on page 10,
18 2010-26. We will open that public hearing.
19 All right.
20 (Mr. Hainline approaches the podium.)
21 THE CHAIRMAN: Mr. Crofts, do you want to
22 start us off on this, and then I know
23 Mr. Hainline has been working with some of the
24 neighbors on additional conditions.
25 MR. CROFTS: This proposed amendment
Diane M.
Tropia,
25
1 consists of approximately 2,312 acres of
2 undeveloped land that's currently used for
3 silviculture uses. It's located in the north
4 planning district at the intersection --
5 approximately at the intersection of Braddock
6 Road and
7 The existing AGR land uses exist on the
8 property. And the request is for a multiuse.
9 The multiuse is intended to accommodate a
10 large-scale project offering flexibility and
11 intensity and a density through various
12 development phases.
13 There are some specific requirements in
14 this land use amendment dealing with the detail
15 number of drawing units, the maximum square
16 footage, et cetera, and other improvements to
17 the property dealing with public buildings
18 facilities and recreation open space and
19 conservation issues.
20 Staff has looked at the proposed amendment,
21 has evaluated it in terms of its attributes
22 regarding the appropriate mix, internal
23 compatibility and external compatibility, and
24 consistency with the 2010 Comprehensive Plan.
25 There are numerous objectives and policies
Diane M.
Tropia,
26
1 within that plan -- within our comprehensive
2 plan that we find in support of this particular
3 amendment. And we do so, we recommend
4 approval.
5 And there are some specific recommendations
6 in terms of specificity that are related in
7 terms of a policy 3.18. And with those specific
8 recommendations, we find it's consistent with
9 the comprehensive plan, the regional policy
10 plan, and the state comprehensive plan.
11 With that, the Planning and Development
12 Department recommends approval with an
13 asterisk.
14 And I'll leave it at that for now.
15 THE CHAIRMAN: Thank you.
16 Mr. Reingold.
17 MR. REINGOLD: To the Chair, just to follow
18 up on what Mr. Crofts was saying. There's
19 just -- I know there's an amendment marked on
20 your agenda and I just wanted to raise that.
21 Essentially that is to change the exhibit
22 dealing with RE numbers and ownership.
23 And, second, there was a change to the
24 policy that is reflected in the staff report.
25 In addition to that, there is some language
Diane M.
Tropia,
27
1 that Mr. Hainline has presented at the Planning
2 Commission that the Planning Commission
3 adopted. So that would be an amendment if the
4 Planning -- if the LUZ Committee so chose.
5 THE CHAIRMAN: Excellent. And if
6 Mr. Hainline has anything else to add, we'll
7 wrap them all up into one.
8 Go ahead, Mr. Hainline.
9 MR. HAINLINE: T.R. Hainline, 1301
11 Some of the neighbors are here, so I want
12 to make sure that they understand what's
13 happening. But what is part of this amendment
14 is what the Planning Commission adopted
15 regarding the no multifamily around that -- in
16 the south of
17 relating to 50 feet with a wall or 100 feet with
18 landscaping.
19 MR. REINGOLD: Just to confirm, that is
20 correct.
21 MR. HAINLINE: Councilman Holt, the only
22 thing I would add to that, having discussed with
23 some of the neighbors and with the Braddocks
24 just here before the hearing is that everyone is
25 in agreement that instead of a wall or
Diane M.
Tropia,
28
1 landscaping within these buffers or potential
2 buffers, that everyone would be happy with a
3 berm with some landscaping on it.
4 So instead of a wall in the 50-foot buffer,
5 I've written "berm" in here. And then as to the
6 potential 100-foot buffer, we've also added
7 "with berm." And we're in agreement with the
8 neighbors that between now and adoption of the
9 amendment -- which is the next set of hearings.
10 And then also between now and the planned
11 unit development rezoning, which would be the
12 third set of hearings on this, that we would
13 work out the details of the buffers, which would
14 be a minimum of what's prescribed in here as
15 well as the details of the berm.
16 And we've knocked some things around that
17 seem okay. We need to have some engineers draw
18 them out, but we've knocked around the
19 possibility of a six-foot berm with a four-foot
20 landscape buffer on top of it. And we'll have
21 some landscape architects and engineers knock
22 that out between now and adoption in the PUD and
23 think we'll be bringing something to you with
24 that everybody agrees upon then.
25 But for right now, we have minimums that
Diane M.
Tropia,
29
1 the Planning Commission adopted, and what I'm
2 changing in it is -- and, Dylan, I can give you
3 this (indicating) -- is that it would be a berm
4 in either the 50- or the 100-foot buffer. I
5 think I've accurately represented that. And it
6 might be that either Mr. Woolridge or
7 Mr. Steinmyer (phonetic) would want to come up
8 here.
9 Overall, this is more than 2,000 acres.
10 And there's a lot I could say about it, but I
11 think Mr. Crofts has summarized it. You have a
12 long agenda, so I won't go into a big
13 presentation, but I will turn in this modified
14 language here. And there's a lot more I could
15 say. But, again, you've got a long agenda.
16 THE CHAIRMAN: Anybody else have any
17 questions of Mr. Hainline? If not, I do.
18 Mr. Joost.
19 MR. JOOST: Just real quick.
20 The berm is going around the part that you
21 outlined as the outparcel?
22 MR. HAINLINE: It will go -- we anticipate
23 that there will be some retail commercial uses
24 at that southeast corner of Braddock and
25 Lem Turner. There will be no multifamily uses
Diane M.
Tropia,
30
1 in that quadrant. The berm is applicable
2 between any existing residential and any retail
3 commercial. So, yes, sir, if there is --
4 MR. JOOST: It will primarily be the thing
5 that's labeled "outparcel," roughly?
6 MR. HAINLINE: Correct.
7 That's the only place it applies because
8 that's the only existing residential that this
9 amendment is adjacent to.
10 MR. JOOST: And how high is the berm
11 again?
12 MR. HAINLINE: Well, we have a PUD that can
13 work out the details of it. What the Planning
14 Commission's condition specified was a minimum
15 50-foot buffer with a wall. We'll substitute
16 that with a berm, or a minimum 100-foot buffer
17 with landscaping, and that would be a landscaped
18 berm as well.
19 So dimensions that we talked about were a
20 six-foot berm and four foot of landscaping, but
21 we need a -- we need a landscape architect and
22 an engineer to plot that out to see exactly what
23 that looks like and how it fits within that 50-
24 to 100-foot dimension.
25 MR. JOOST: All that's going to come back
Diane M.
Tropia,
31
1 to us anyway; is that correct?
2 MR. HAINLINE: You will see the details of
3 that, yes, sir, in the PUD that we bring before
4 you. And that will have been something that
5 Mr. Steinmyer and Mr. Woolridge and Mr. Braddock
6 and his family have all through -- with me
7 working with them will all have worked out.
8 MR. JOOST: Okay. Thank you.
9 THE CHAIRMAN: Thank you, Mr. Joost.
10 And that was basically my question, was --
11 so the language will say that -- you say 50 and
12 100. Basically you would go to the 100, being
13 higher. It would be a 100-foot buffer from any
14 of those properties with a berm -- landscape
15 berm?
16 MR. HAINLINE: Well, yes, sir, except there
17 is the possibility, if everything fits in the
18 50 feet, the berm and the landscaping and
19 everything to everyone's satisfaction, then that
20 would be -- that could work out too.
21 So, in other words, we're not specifying a
22 minimum of 100 feet. We're specifying a minimum
23 of 50 feet, but we are saying that within that,
24 there will be a visual screen that will include
25 a berm.
Diane M.
Tropia,
32
1 THE CHAIRMAN: All right.
2 MR. HAINLINE: When you do a six-foot berm,
3 you have to have the slopes, the side slopes on
4 it. And what I can't tell you right now is, if
5 you do a six-foot berm, how wide those side
6 slopes are. It has to do with the angle, it has
7 to do -- you don't want something so steep that
8 it erodes. You want it gradual. It will have
9 to do with the landscaping and where it's put,
10 both on the top and sides.
11 THE CHAIRMAN: Right. But it will
12 certainly be less than 50 feet, I would think.
13 MR. HAINLINE: Yes, probably.
14 But, for example, if it's within that
15 50 feet, there's going to be this -- there's
16 going to be this berm. It may be that there's
17 some existing trees within that that they would
18 want to save. So the berm may wrap around a
19 little bit. I mean, there are different things
20 that might happen. And it may be that it fits
21 fine within the 50 feet or it may be that it
22 doesn't.
23 What we would like is the possibility
24 that -- if it fits fine within that 50 feet and
25 everybody is happy with it within that 50 feet,
Diane M.
Tropia,
33
1 that we can do it within that 50 feet.
2 There are some parcels that are Braddock
3 parcels that they're keeping as family parcels,
4 and those are going to serve as buffers in
5 part. And so if it's 50 feet plus the Braddock
6 parcel, that's yet even a bigger dimension. So,
7 I mean, we would like to be able to keep the
8 50 feet as a possibility if everything can be
9 done within it.
10 THE CHAIRMAN: Okay.
11 All right. And you guys are going to work
12 on this in the next week before we come to
13 council to get clarification on it?
14 MR. HAINLINE: We can, or between now and
15 the PUD -- I mean, we won't be coming back to
16 the council with you're going to have
17 four-foot-high ligustrums because that's not --
18 THE CHAIRMAN: No, I don't expect that.
19 MR. HAINLINE: Right.
20 THE CHAIRMAN: All right. Well, I
21 appreciate it.
22 Mr. Reingold.
23 MR. REINGOLD: I know we've kicked this
24 around a little bit, but I just wanted to ask,
25 through the Chair to Mr. Hainline, when you read
Diane M.
Tropia,
34
1 it and it says either a minimum 50-foot buffer
2 and berm or a minimum 100-foot buffer and
3 landscaping with berm, it almost makes the
4 second portion about the 100-foot buffer
5 superfluous. And I'm just trying to get my
6 hands around if we're allowing it to be 50 foot
7 with a berm or 100 foot with a berm, why the
8 second part of that phrase is added.
9 MR. HAINLINE: Well, here's the facts on
10 that. We just -- we just discussed this five
11 minutes before the hearing. If I'd had more
12 time to wordsmith it, like between now and next
13 Tuesday, I might be able to do that.
14 And if we want to do that and make this
15 condition something we'll work on between now
16 and next Tuesday, I'm happy to do that. But
17 Mr. Steinmyer and I had tried to reach each
18 other over the past 24 hours and just hadn't
19 been able to, so this was the best I could do in
20 the few minutes that we had.
21 So, I mean, I'm happy to take that and work
22 some more on it between now and Tuesday if
23 that's -- if that's what the committee's wish
24 is.
25 THE CHAIRMAN: All right. Well, I'm
Diane M.
Tropia,
35
1 comfortable with you guys moving over the next
2 week and getting some of these details hammered
3 out.
4 Anybody have anymore questions of
5 Mr. Hainline?
6 COMMITTEE MEMBERS: (No response.)
7 THE CHAIRMAN: All right. We have one
8 other speaker, Mr. Braddock.
9 (Audience member approaches the podium.)
10 THE CHAIRMAN: Good evening, Mr. Braddock.
11 If you could give your name and address for
12 the record, please.
13 AUDIENCE MEMBER: Thank you, Mr. Chairman.
14 I am Tom Braddock, and I raise pine trees
15 and cattle and grow hay out at 14960 Braddock
16 Road, and that's some wet country right now.
17 We've been blessed with excessive rainfall
18 this year, but the old land is holding well and
19 the water table is favorable to all of us. I
20 guess I want some of it to recede quickly. I'm
21 not going to get into details with you-all.
22 That's left for these other folks.
23 But I would like to share with you the fact
24 that I was born a long time ago on that very
25 land. My father and his father acquired that
Diane M.
Tropia,
36
1 land in the first part of the 19th century. My
2 dad and his fathers partnered in a sawmill and
3 operated that sawmill until my father died.
4 And I have to share this with you: I
5 can't -- I think of it every time I drive by the
6 old terminal downtown. They had a contract with
7 the WCP People's Company to supply the two by
8 eights, the floor, the area between the trains
9 that would come in there. And that contract
10 went for years, and people would debark from the
11 trains and get on that walkway and go into the
12 main terminal, but that's part of history.
13 And on that land, mom and dad raised seven
14 of us children. Dad passed away in 1960. And
15 they put us all through college. We had a good
16 education. And every one of them are living in
17
18 confidence in the city of
19 future.
20 The children of all of the families -- and
21 there's some fourth generation that are here in
22
23 just come back from
24 So I say that to say this: When dad passed
25 away and the land came to we children, we all
Diane M.
Tropia,
37
1 together agreed that some day that land would be
2 needed for a different use. And in view of
3 that, we all were in total agreement that
4 whatever use it was put to, we'd like to do all
5 we could to assure that it was put to use in a
6 project that would be a credit to the north side
7 of
8 that's being proposed will do that.
9 This property was a part of an earlier
10 plan -- and I'll move on -- part of an earlier
11 plan of a DRI that was headed up by Mitch
12
13 course, the economy went flat. And that was
14 beside. And so we've decided to go ahead on our
15 own to ask for a land use amendment to bring it
16 up to a plan that would assure us and Northside
17
18 it would not be a hodgepodge development but a
19 good master plan.
20 So we're hopeful that that can happen. And
21 if it's not in my lifetime, after that. But
22 we're hopeful that it will happen and it will be
23 a credit to
24 hopeful that you folks will feel in agreement
25 with what we hope will take place.
Diane M.
Tropia,
38
1 Thank you for your --
2 THE CHAIRMAN: Thank you, Mr. Braddock.
3 Mr. Jones has a question for you.
4 MR. JONES: I just wanted to thank you,
5 Mr. Braddock, for that support.
6 It makes it a lot easier on us to
7 understand that the community is supporting it.
8 And we know about your service through the
9 extension center and we appreciate that and all
10 the contributions you made to this community.
11 Thank you.
12 MR. BRADDOCK: Thank you so much. And I
13 say the same to you, Mr. Jones.
14 Been a pleasure to see all of you. Thank
15 you for your public service.
16 THE CHAIRMAN: Thank you for coming down.
17 All right. Seeing no further speakers, we
18 will close that public hearing and --
19 MR. JOOST: Move the amendment.
20 MR. REDMAN: Second.
21 THE CHAIRMAN: We'll move the amendment as
22 amended by Mr. Hainline.
23 Do we have all that language,
24 Mr. Reingold?
25 MR. REINGOLD: To the Chair and to the
Diane M.
Tropia,
39
1 committee, the amendment would essentially be
2 that it would change the exhibit with the RE
3 numbers and the ownership, and also would change
4 the policy to reflect the policy as written in
5 the staff report and the language adopted by the
6 Planning Commission with the small change.
7 The one thing I would recommend is that, if
8 the berm was wanting to be included as part of
9 the amended language, I would just recommend
10 that at the end it just says either include --
11 that includes a minimum 50-foot buffer and
12 landscaped berm, period. As I said it before, I
13 just think "and a minimum 100-foot buffer" makes
14 it confusing and superfluous.
15 That would be my recommendation.
16 THE CHAIRMAN: All right. Well, let's move
17 forward with the amendment with that language
18 and the understanding that they're going to work
19 on this over the next week and come up with the
20 final version.
21 Mr. Joost, did you want to speak again?
22 MR. JOOST: Just real quick.
23 I mean, not to beat a dead horse. Why
24 couldn't you just say with the minimum 50 feet
25 with the max of 100 feet? I mean, that's kind
Diane M.
Tropia,
40
1 of what I got out of it.
2 MR. REINGOLD: I guess if they want to do
3 more than 150-foot buffer, certainly I think --
4 I don't think anyone would fight them on doing
5 more than 100 feet.
6 MR. JOOST: All right.
7 THE CHAIRMAN: Yeah. All right. So that
8 amendment has been moved. And did I get a
9 second?
10 MR. JONES: Second.
11 THE CHAIRMAN: A motion and second on the
12 amendment as amended this evening.
13 All in favor signify by saying aye.
14 COMMITTEE MEMBERS: Aye.
15 THE CHAIRMAN: Amendment passes.
16 MR. JOOST: Move the bill as amended.
17 MR. JONES: Second.
18 THE CHAIRMAN: A motion and second on the
19 bill as amended.
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,
41
1 MR. JOOST: (Votes yea.)
2 MR. REDMAN: (Votes yea.)
3 THE CHAIRMAN: Close the ballot, record the
4 vote.
5 (Committee ballot closed.)
6 MR. LAHMEUR: Six yeas, zero nays.
7 THE CHAIRMAN: By your action, you have
8 approved 2010-26 as amended.
9 Mr. Reingold.
10 MR. REINGOLD: And just to let the Chair
11 know, I will be happy to work with both
12 Mr. Hainline and the neighbors to come up with
13 some revised language over the next couple days.
14 THE CHAIRMAN: That would be excellent.
15 Thank you, sir.
16 All right. I'm going to do one more jump
17 for Mr. Hainline here because he's got to go to
18 a meeting.
19 Page 11, number 30, which is 2010-30
20 ironically enough.
21 We'll open the public hearing.
22 Mr. Crofts.
23 MR. CROFTS: Yes. Mr. Chairman and members
24 of the committee, this proposed amendment
25 consists of approximately 2,200 -- I'm sorry --
Diane M.
Tropia,
42
1 2,216 acres of undeveloped land. It is located
2 in the north planning district, off Yellow Bluff
3 Road, north of
4 boundaries of Council District 11.
5 The existing rural residential land use
6 designation is proposed to be a change to the
7 multiuse land use designation, similar to the
8 previous amendment.
9 The proposed MU category, when it's --
10 we've indicated previously, incorporate a mix of
11 uses, including those uses within the rural
12 residential, low density residential, medium
13 density residential, community/general/
14 commercial and public buildings and facilities
15 categories as well as recreation and open space
16 and the conservation land use category.
17 The current zoning of the property is rural
18 residential and the proposed ultimate rezoning
19 of this property will be to planned unit
20 development. A mix of residential and
21 nonresidential uses will be incorporated into
22 this multiuse land use category.
23 The proposed development potential of this
24 land use amendment includes up to 7,500
25 residential dwelling units, a maximum of 900,000
Diane M.
Tropia,
43
1 square feet of nonresidential CGC types of uses,
2 and a minimum of 66.5 acres of PBF uses and
3 slightly over 200 acres of ROS or recreation
4 open space and conservation uses.
5 The department has gone through an
6 extensive review of this proposal and evaluated
7 its impacts. We have evaluated, in terms of
8 consistency with the comprehensive plan, the
9 applicable vision and master plan, the regional
10 policy plan and the state comprehensive plan.
11 There are numerous policies in each of those
12 documents that this -- we find this to be --
13 this application to be consistent with. And the
14 staff recommends approval with an asterisk,
15 which amends the legislation that has some
16 specific requirements.
17 And I'll be glad to answer those if there
18 are any further questions or any more inquires
19 about the specific policy, but it relates back
20 to specific levels of use and intensity of use
21 and some other conditions that we're
22 incorporating into the approval of this
23 amendment.
24 THE CHAIRMAN: Okay. Mr. Reingold has a
25 question.
Diane M.
Tropia,
44
1 MR. REINGOLD: Just a comment.
2 The amendment as identified on this side is
3 just that the number of trips would not be 7,757
4 but 7,794. I just wanted to clarify what the
5 amendment was.
6 THE CHAIRMAN: You guys okay with that,
7 Mr. Crofts? Got that language correct?
8 MR. CROFTS: Yes.
9 THE CHAIRMAN: Okay. Mr. Hainline, you're
10 on.
11 MR. HAINLINE: T.R. Hainline, 1301
13 Mr. Chairman, are there any other speakers
14 who submitted cards on this?
15 THE CHAIRMAN: No, sir.
16 MR. HAINLINE: Okay. Then I'll be brief.
17 When we started off on this amendment,
18 Mr. Holt asked us to have community meetings out
19 there. About eight community meetings later, we
20 have -- we have this amendment with nobody here
21 to speak, which I'm grateful for the effort of
22 Mr. Holt's staff and the CPAC and Don Ruckman,
23 who is my boss on this amendment, who went to
24 all these community meetings with us.
25 And I see Mike Detrael (phonetic) is there
Diane M.
Tropia,
45
1 too, who -- he was one of the communities we met
2 with.
3 This is a big piece of property. It is a
4 beautiful piece of property with frontage on the
5
6 Amelia Island some day for the Northside, and
7 it's very exiting.
8 So to have it go through so quickly is a
9 good thing, but I don't want you to
10 underestimate that this is a lot of property and
11 going to be a great thing one day.
12 So thank you. I'll be happy to answer any
13 questions.
14 THE CHAIRMAN: Anybody have any questions
15 for Mr. Hainline?
16 COMMITTEE MEMBERS: (No response.)
17 THE CHAIRMAN: Okay. Seeing none, we'll
18 close that public hearing.
19 MR. JOOST: Move the amendment.
20 MR. JONES: Second.
21 THE CHAIRMAN: A motion and second on the
22 amendment.
23 Ail in favor of the amendment, signify by
24 saying aye.
25 COMMITTEE MEMBERS: Aye.
Diane M.
Tropia,
46
1 THE CHAIRMAN: The amendment passes.
2 MR. JONES: Move the bill as amended.
3 MR. DAVIS: Second.
4 THE CHAIRMAN: A 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 MR. JOOST: (Votes yea.)
13 MR. REDMAN: (Votes yea.)
14 THE CHAIRMAN: Close the ballot, record the
15 vote.
16 (Committee ballot closed.)
17 MR. LAHMEUR: Six yeas, zero nays.
18 THE CHAIRMAN: By your action, you've
19 approved 2010-30.
20 All right. Let's see. All right. Going
21 back to where we left off, which I believe is
22 number 16 on page 7. Sorry about that jumping
23 around, folks.
24 We'll open the public hearing. We have
25 Emilio Montilla.
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
47
1 (Audience member approaches the podium.)
2 THE CHAIRMAN: Good evening, sir.
3 Please give your name and address for the
4 record.
5 AUDIENCE MEMBER: Emilio Montilla, 7504
6 (inaudible) Lane, Jacksonville, Florida.
7 THE CHAIRMAN: Thank you.
8 You have three minutes.
9 MR. MONTILLA: This is for a sign waiver on
10 a property I'm an agent for on Beaver Street,
11 2363 Beaver Street.
12 That sign's been in the family company for
13 over -- the building -- the lot has been in the
14 family business for over 20 years. That sign
15 has been there for the whole time. It was taken
16 down in '92 when the FDOT worked on Beaver
17 Street and it was put back up that same month
18 with the fence, which were both taken down. I
19 was just hoping I could keep my sign where it's
20 at.
21 That's pretty much it.
22 THE CHAIRMAN: All right. Mr. Jones, did
23 you want to ask a question, or did you want to
24 have Mr. Crofts speak first?
25 MR. JONES: (Inaudible.)
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
48
1 THE CHAIRMAN: Okay. Sir, if you could
2 hold on and we'll let Mr. Kelly say something.
3 I'm sorry. I kind of went out of order, so
4 let's hear from Mr. Kelly first.
5 MR. KELLY: Thank you.
6 To the Chair and committee, ordinance
7 2010-15 seeks to allow for a reduction in the
8 minimum setback of an existing sign from ten
9 feet to four feet. The subject property is
10 zoned CCG-2.
11 Apparently some of the road widening effort
12 and work that have gone on along Beaver Street
13 essentially made the sign illegal, and I
14 believe -- I believe there was a change in
15 ownership on this site, which necessitated the
16 waiver requirement.
17 The department finds that it's no hindrance
18 to any health, safety issue and is recommending
19 approval.
20 THE CHAIRMAN: Thank you, sir.
21 Mr. Jones.
22 MR. JONES: Thank you. Through the Chair.
23 The last name?
24 THE CHAIRMAN: Mr. Montilla.
25 MR. JONES: Montilla?
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
49
1 MR. MONTILLA: Yes, sir.
2 MR. JONES: There was no road widening
3 there. Why did you have to take the sign down?
4 All they did was resurface Beaver Street in that
5 area.
6 MR. MONTILLA: They asked to take the fence
7 down and the sign because the -- for the
8 machinery to work in that area. They actually
9 didn't work on that specific ground, but the
10 machinery needed to go there and use that area.
11 So they actually didn't build on there, but the
12 machinery needed to go through there. They just
13 needed access.
14 MR. JONES: And the sign is back up now?
15 MR. MONTILLA: Yes, sir, it is.
16 MR. JONES: Okay. I go that way every day.
17 MR. MONTILLA: Yes, sir.
18 MR. JONES: Are you the agent or are you
19 the owner?
20 MR. MONTILLA: I'm the agent for the
21 company that owns the property.
22 MR. JONES: Okay. You don't have a
23 financial interest in the company, then?
24 MR. MONTILLA: It's a tenant that runs the
25 body shop in there. I own the property.
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
50
1 MR. JONES: Okay. But the tenant is the
2 one that needs the sign back up?
3 MR. MONTILLA: Yes, sir.
4 MR. JONES: Okay. I'll call you, but I
5 have no problem with it. I think it doesn't
6 interfere with or distract the traffic flow on
7 Beaver Street. And I just know that they didn't
8 widen the road. That's why I was curious why
9 you had to get a waiver to put it back.
10 All right. Thank you.
11 THE CHAIRMAN: Thank you, Mr. Jones.
12 All right. I need an amendment to either
13 grant the waiver or deny the waiver.
14 MR. JONES: Move the amendment to grant the
15 waiver.
16 MR. JOOST: Second.
17 THE CHAIRMAN: I have a motion and second
18 on the amendment to grant the waiver.
19 All in favor of the amendment, please
20 signify by saying aye.
21 COMMITTEE MEMBERS: Aye.
22 THE CHAIRMAN: Amendment passes.
23 MR. JONES: Move the bill as amended to
24 grant the waiver.
25 MR. JOOST: Second.
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
51
1 THE CHAIRMAN: I have a motion and a second
2 on the bill to grant the waiver.
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 MR. JOOST: (Votes yea.)
10 MR. REDMAN: (Votes yea.)
11 THE CHAIRMAN: Close the ballot, record the
12 vote.
13 (Committee ballot closed.)
14 MR. LAHMEUR: Six yeas, zero nays.
15 THE CHAIRMAN: By your action, you have
16 granted the waiver.
17 Item 17, 2010-16. Open that public
18 hearing.
19 I have Mr. Saylor here.
20 (Mr. Saylor approaches the podium.)
21 MR. SAYLOR: Mr. Chairman, Mike Saylor,
22 1450 Flagler Avenue.
23 I'm --
24 THE CHAIRMAN: You want to speak first?
25 MR. SAYLOR: I will defer my comments and
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
52
1 let staff make my argument for me.
2 Thanks.
3 THE CHAIRMAN: Mr. Crofts, Mr. Kelly, who
4 wants to go?
5 MR. CROFTS: I will basically make it very
6 brief in the sense that we've reviewed this.
7 There is a recommendation of approval. We
8 feel it's appropriate in the area. It's so
9 designated for industrial development, and
10 that's what the request is.
11 It's in the industrial overlay area that
12 we've created, and it's the appropriate use at
13 this location on the St. Johns River and it's
14 being used for this, as a matter of fact, at the
15 current situation. So we're really bringing it
16 back into conformity with its current use as
17 well.
18 And as I said earlier on the other
19 amendments, it's consistent with the variety --
20 the litany of plans that we've utilized,
21 including the comprehensive plan, and the staff
22 recommends approval.
23 THE CHAIRMAN: Okay. Did we want to go
24 through the amendment or are you guys okay?
25 Mr. Reingold.
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
53
1 MR. REINGOLD: Just the amendment swaps out
2 the map included with the bill. It essentially
3 reflects the map that's in your book.
4 THE CHAIRMAN: Excellent.
5 All right. Well, with that, we will close
6 the public hearing. I don't have any speakers.
7 And I need a motion on the amendment.
8 MR. REDMAN: Make a motion to move the
9 amendment.
10 MR. JOOST: Second.
11 THE CHAIRMAN: A motion and second on the
12 amendment.
13 All in favor of the amendment, signify by
14 saying aye.
15 COMMITTEE MEMBERS: Aye.
16 THE CHAIRMAN: Amendment passes.
17 MR. JONES: Move the bill as amended.
18 MR. DAVIS: Second.
19 THE CHAIRMAN: A motion and second on the
20 bill as amended.
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 M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
54
1 MR. DAVIS: (Votes yea.)
2 MR. JOOST: (Votes yea.)
3 MR. REDMAN: (Votes yea.)
4 THE CHAIRMAN: Close the ballot, record the
5 vote.
6 (Committee ballot closed.)
7 MS. LAHMEUR: Six yeas, zero nays.
8 THE CHAIRMAN: By your action, you've
9 approved 2010-16.
10 Thank you, Mr. Saylor, for coming down.
11 MR. SAYLOR: Thank you.
12 THE CHAIRMAN: All right. Page 8, number
13 18, 2010-17.
14 We'll open the public hearing.
15 Mr. Crofts.
16 MR. CROFTS: Okay. Before the public
17 hearing -- okay. I will basically indicate
18 again that staff has reviewed this application.
19 It is property located on the north side of
20 Atlantic Boulevard. It's approximately 2,500
21 feet west of Kernan Boulevard and access to the
22 property is from Atlantic Boulevard. It's a
23 63.95-acre amendment, and the applicant proposes
24 to use the property for commercial/retail.
25 From the existing business park and RPI
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
55
1 land use classification -- and staff has gone
2 through an extensive analysis, feels that it's
3 appropriate at this location and consistent with
4 the comprehensive plan and applicable regional
5 policy plan and state comprehensive plan.
6 Thank you.
7 THE CHAIRMAN: Thank you, sir.
8 Mr. Herzberg.
9 (Audience member approaches the podium.)
10 AUDIENCE MEMBER: Mr. Chairman, my name is
11 Mike Herzberg. My address is 1 Sleiman Parkway,
12 Jacksonville, Florida 32216.
13 I stand by to answer any questions,
14 gentlemen.
15 THE CHAIRMAN: All right.
16 Seeing no questions, I will close that
17 public hearing.
18 Mr. Jones, did you want to --
19 MR. JONES: (Inaudible.)
20 THE CHAIRMAN: Okay. I'm going to close
21 the public hearing.
22 I need a motion on the bill.
23 MR. JOOST: Move the bill.
24 MR. DAVIS: Second.
25 THE CHAIRMAN: A motion and second on the
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
56
1 bill.
2 Please open the ballot.
3 (Committee ballot opened.)
4 MR. HOLT: (Votes yea.)
5 MR. JONES: (Votes yea.)
6 MR. BROWN: (Votes yea.)
7 MR. DAVIS: (Votes yea.)
8 MR. JOOST: (Votes yea.)
9 MR. REDMAN: (Votes yea.)
10 THE CHAIRMAN: Close the ballot, record the
11 vote.
12 (Committee ballot closed.)
13 MS. LAHMEUR: Six yeas, zero nays.
14 THE CHAIRMAN: By your action, you've
15 approved 2010-17.
16 MR. HERZBERG: Thank you.
17 THE CHAIRMAN: Thank you, sir, for coming
18 down.
19 All right. Now, 2010-18 I have marked as
20 moved, but I have a note here from somebody with
21 Edwards Cohen to withdraw.
22 Now, let me go ahead and open the public
23 hearing and hear from this gentleman.
24 Mr. Sanders.
25 (Mr. Sanders approaches the podium.)
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
57
1 MR. SANDERS: Thank you, Mr. Chairman.
2 Karl Sanders with the law firm Edwards
3 Cohen.
4 Council President Clark had some concerns
5 with our application. Some of his constituents
6 had some concerns about our application, and we
7 have agreed to request withdrawal of that
8 application, along with a request for refund of
9 the fees at this time.
10 THE CHAIRMAN: All right. Thank you, sir.
11 MR. JOOST: Move to withdraw.
12 THE CHAIRMAN: Mr. Crofts or Mr. Kelly,
13 what is your opinion on a withdrawal with fees?
14 MR. CROFTS: Our opinion would be that it's
15 inconsistent with the policy of the department
16 because we have -- on the land use amendment
17 because we have conducted the review and
18 analysis and done the work on the item.
19 THE CHAIRMAN: All right. Mr. Reingold,
20 you were raising your hand.
21 Yes, sir.
22 MR. REINGOLD: Yes, to the Chair on the
23 issue -- and I'm pulling it up on Municode.
24 There's actually a specific reference within
25 Chapter 650 about the return of fees and whether
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
58
1 it happens before or after the initial public
2 hearing or any public workshop is held. I just
3 wanted to warn the committee that there is that
4 provision. You might need to waive it if there
5 was a return of fees.
6 THE CHAIRMAN: Okay. Mr. Davis.
7 MR. DAVIS: I guess I'd like to hear from
8 the council president because obviously there
9 was communication with him and the applicant.
10 And I think if the council president had that
11 desire, that would give me the ability to make
12 the waiver. So maybe Mr. Sanders can comment on
13 that.
14 THE CHAIRMAN: Sure.
15 MR. SANDERS: Through the Chair to the
16 commission, yes, I can represent the council
17 president. He could not be here tonight, but he
18 is supportive of the request for refund of the
19 application fees.
20 THE CHAIRMAN: Okay.
21 MR. DAVIS: So I guess with that,
22 Mr. Reingold, would I just have to make an
23 amendment to waive the requirement?
24 MR. REINGOLD: That would be in addition
25 to -- essentially we would have to waive
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
59
1 Section 650.403. But when you withdraw the
2 bill, essentially it's as if this bill was never
3 acted on. So that's kind of the conflict in the
4 procedural aspect of it that I'm just trying to
5 work out.
6 MR. DAVIS: Like how do you -- I guess I
7 understand what you're saying, is how do you
8 refund the fees if you're withdrawing the bill?
9 MR. SANDERS: Refund first.
10 MR. JOOST: By check.
11 THE CHAIRMAN: Mr. Reingold, you look like
12 you're reading something.
13 MR. DAVIS: I guess -- maybe I could ask
14 this to Mr. Sanders. Would it matter if we
15 withdraw in two weeks and let the president try
16 to work this out?
17 MR. SANDERS: That's fine.
18 MR. DAVIS: I mean, because tonight I think
19 I'm kind of in limbo because I'd like to hear
20 from him. And I know he probably talked with
21 you about this and --
22 MR. SANDERS: Right. Literally just within
23 the past couple of hours.
24 THE CHAIRMAN: If you withdraw it, it
25 doesn't matter.
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
60
1 MR. DAVIS: Mr. Chair, would you mind if
2 you just --
3 THE CHAIRMAN: Why don't we just defer it.
4 MR. DAVIS: Defer it for two weeks and then
5 let the president figure it out.
6 THE CHAIRMAN: If it's withdrawn, it
7 doesn't matter to you.
8 MR. SANDERS: Okay.
9 THE CHAIRMAN: All right.
10 MR. SANDERS: Thank you.
11 THE CHAIRMAN: Well, we'll defer this item,
12 then.
13 Did you still want to speak to him,
14 Mr. Jones?
15 MR. JONES: (Inaudible.)
16 THE CHAIRMAN: Okay.
17 All right. We'll continue that public
18 hearing to 3/2, take no further action.
19 All right. Let's see. We've already
20 handled items 20 and 21.
21 Item 22, 2010-21.
22 (Mr. Ingram approaches the podium.)
23 MR. INGRAM: Good evening.
24 Tom Ingram, 207 North Laura Street,
25 Suite 260, Jacksonville.
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
61
1 THE CHAIRMAN: Good evening, sir.
2 Did you want to -- questions only, or did
3 you want to hear from Mr. Crofts?
4 MR. INGRAM: Yeah, sure. I'll be happy to
5 give an overview of this.
6 This is the Avenues Walk regional activity
7 center. It's currently approved for a mixture
8 of retail, office, hotel, and multifamily uses.
9 The proposed amendment to the multiuse text
10 policy is to allow a -- for conversion of uses.
11 You may be familiar with the conversion tables
12 and developments of regional impact where some
13 flexibility is allowed to increase or decrease
14 one or more of the uses in the project within
15 certain minimums and maximums, and we've been
16 working with the Planning Department as to what
17 the appropriate minimums and maximums would be.
18 These conversions would not result in an
19 increase in the p.m. peak-hour trips. It's a --
20 the conversion rate is based on the trip
21 generation rate or traffic generated from the
22 various uses.
23 So that's essentially what it is.
24 THE CHAIRMAN: All right.
25 MR. INGRAM: I'll be happy to answer any
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
62
1 questions.
2 THE CHAIRMAN: Well, let's hear from
3 Mr. Crofts and make sure that everybody is
4 squared away on the conditions in the amendment.
5 MR. CROFTS: Yes. Mr. Chairman, members of
6 the committee, the staff is, again, in
7 concurrency with Mr. Ingram's presentation, that
8 it is a reconfiguration to some degree and
9 distribution of uses within the regional
10 activity center of the Avenues Walk.
11 Again, this property is located in the
12 proximity of Philips Highway, I-95, and
13 295/State Road 9A interchange. The Avenues Mall
14 is within close proximity as well as some other
15 strip commercial or other commercial-type
16 development along that strip of development.
17 The staff has evaluated this. Again, the
18 overriding factor here in terms of the
19 redistribution, in response to issues and market
20 conditions, is -- the bottom line deals with the
21 p.m. peak-hour trips that are generated by
22 the -- external trips that are generated by the
23 development as set forth in the methodologies
24 provided in the ITE trip generation manual.
25 Staff has reviewed this application,
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
63
1 reviewed it for consistency with the applicable
2 plans, local and state, and recommends approval
3 with the asterisk. And the asterisk basically
4 deals with the development limits, the maximums
5 and minimums that were referred to by
6 Mr. Ingram.
7 Thank you.
8 THE CHAIRMAN: So you guys are both in
9 agreement on the conditions?
10 MR. INGRAM: (Nods head.)
11 THE CHAIRMAN: Mr. Reingold.
12 MR. REINGOLD: Just to clarify, the
13 asterisk language is different from the original
14 one that's submitted. It's the one that's
15 contained within your staff report. And also
16 there's just some other technical changes with
17 regards to RE numbers in the bill.
18 MR. INGRAM: Yes. And that's part of an
19 amendment that's before you tonight.
20 THE CHAIRMAN: Okay.
21 All right. So having heard the amendment
22 and you're okay with it, we will close that
23 public hearing. I don't have any speakers.
24 MR. JOOST: Move the amendment.
25 MR. JONES: Second.
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
64
1 THE CHAIRMAN: A motion and second on the
2 amendment.
3 All in favor of the amendment, signify by
4 saying aye.
5 COMMITTEE MEMBERS: Aye.
6 THE CHAIRMAN: The amendment passes.
7 MR. JOOST: Move the bill as amended.
8 MR. REDMAN: Second.
9 THE CHAIRMAN: A motion and second on the
10 bill as amended.
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 MR. JOOST: (Votes yea.)
18 MR. REDMAN: (Votes yea.)
19 THE CHAIRMAN: Close the ballot, record the
20 vote.
21 (Committee ballot closed.)
22 MR. LAHMEUR: Six yeas, zero nays.
23 THE CHAIRMAN: By your action, you've
24 approved 2010-21.
25 Thank you, Mr. Ingram.
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
65
1 All right. We've already -- we have not
2 handled yet 23 and 24.
3 I'm going to open the public hearing on
4 items 23 and 24. They're related.
5 All right. Mr. Crofts.
6 MR. CROFTS: Yes, sir.
7 The recommendations -- or the applications
8 that were received for these land use amendments
9 are located off Normandy Boulevard in the
10 southwest planning district, and there are two
11 separate parcels involved. And the application
12 is from -- one of these is from AGR-3 to AGR-4.
13 That would be the 2010-22.
14 The staff has reviewed these amendments --
15 this amendment, 22. And, again, finds it
16 consistent with the comprehensive plan, the
17 Southwest Jacksonville Vision Plan, the
18 Strategic Regional Policy Plan, and the state
19 comprehensive plan. As well as item 23, which
20 is, again, on -- west of Solomon Road and
21 encompasses 674 acres. The amendment is from
22 AGR-3 to RR, RR being a maximum of two dwelling
23 units per acre.
24 Staff, again, recommends approval as
25 consistent with applicable plans and development
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
66
1 in the general area.
2 Thank you.
3 THE CHAIRMAN: Thank you, Mr. Crofts.
4 Ms. Pierce, how are you doing this
5 evening?
6 (Ms. Pierce approaches the podium.)
7 MS. PIERCE: Emily Pierce, 1301 Riverplace
8 Boulevard.
9 As you heard, these are two related but
10 separate amendments. I'd be happy to answer any
11 questions if anybody has any, but we do have
12 recommendations of approval and we request your
13 approval as well.
14 THE CHAIRMAN: All right. I don't see
15 anybody on my queue. And you guys are all okay
16 with the conditions?
17 MS. PIERCE: We don't have any yet. We are
18 going to work on -- and we have spoken with --
19 THE CHAIRMAN: I'm sorry.
20 MS. PIERCE: -- Councilman Holt about
21 working on the 171-acre parcel and getting
22 some -- when we come back, in a PUD or deed
23 restrictions or whatever.
24 THE CHAIRMAN: All right. My mistake.
25 All right. I need a motion on 2010-22.
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
67
1 MR. JOOST: Move the bill.
2 THE CHAIRMAN: Close the public hearing.
3 Need a motion on -22.
4 MR. JOOST: Move the bill.
5 MR. REDMAN: Second.
6 THE CHAIRMAN: A motion and second on
7 2010-22.
8 Please open the ballot.
9 (Committee ballot opened.)
10 MR. HOLT: (Votes yea.)
11 MR. JONES: (Votes yea.)
12 MR. BROWN: (Votes yea.)
13 MR. DAVIS: (Votes yea.)
14 MR. JOOST: (Votes yea.)
15 MR. REDMAN: (Votes yea.)
16 THE CHAIRMAN: Close the ballot, record the
17 vote.
18 (Committee ballot closed.)
19 MR. LAHMEUR: Six yeas, zero nays.
20 THE CHAIRMAN: By your action, you've
21 approved 2010-22.
22 MR. JOOST: Move -23.
23 MR. REDMAN: Second.
24 THE CHAIRMAN: 2010-23.
25 Please open the ballot.
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
68
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 MR. JOOST: (Votes yea.)
7 MR. REDMAN: (Votes yea.)
8 THE CHAIRMAN: Close the ballot, record the
9 vote.
10 (Committee ballot closed.)
11 MR. LAHMEUR: Six yeas, zero nays.
12 THE CHAIRMAN: By your action, you've
13 approved 2010-23.
14 Thank you, Ms. Pierce.
15 MS. PIERCE: Thank you.
16 THE CHAIRMAN: All right. We have done
17 number 24 -- or 2010-24.
18 Number 26, which is 2010-25.
19 Mr. Crofts.
20 MR. CROFTS: This application consists of
21 two parcels. One is located at 6720 Norwood
22 Avenue and the other is 938 Alderside Street.
23 The properties are located in the Metro North
24 neighborhood in the Northwest Planning District
25 and Council District 8.
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
69
1 In this particular case, the Norwood
2 Elementary School has been closed and we're
3 using the school in a reuse fashion for housing
4 for the seniors, and so we're going to receive a
5 proposal from public buildings and facilities to
6 high density residential.
7 Staff has found it consistent, again, with
8 applicable plans and the development in the area
9 and feel it's a very positive influence in the
10 reuse of an underused facility in this part of
11 the city.
12 Thank you.
13 THE CHAIRMAN: Okay. There's an amendment
14 or an asterisk on this. Are you guys squared
15 away on this?
16 MR. CROFTS: Yeah. The amendment, if I
17 may, is the deletion of the alley. I think that
18 was incorporated in the description of this
19 property.
20 THE CHAIRMAN: Excellent.
21 Mr. Reingold, you're good with that?
22 MR. REINGOLD: (Nods head.)
23 THE CHAIRMAN: All right.
24 Mr. Mousa.
25 (Mr. Mousa approaches the podium.)
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
70
1 MR. MOUSA: Thank you, Mr. Chairman.
2 Nick Mousa, 1301 Riverplace, on behalf of
3 the owners.
4 We have a staff recommendation for
5 approval. The only thing I'd like to add is
6 that we will be coming back with a detailed PUD
7 to staff probably in about 30 days. There will
8 also be a mix of neighborhood commercial
9 office -- neighborhood commercial and office
10 uses associated with this. It's a great
11 redevelopment project.
12 And, with that, available to answer any
13 questions.
14 THE CHAIRMAN: All right. Thank you.
15 I don't have anyone on my queue to ask
16 questions, so we'll close that public hearing.
17 Need to move -- somebody to move the
18 amendment.
19 MR. JOOST: Move the amendment.
20 MR. REDMAN: Second.
21 THE CHAIRMAN: A motion and second on the
22 amendment. All in favor of the amendment,
23 signify by saying aye.
24 COMMITTEE MEMBERS: Aye.
25 THE CHAIRMAN: Amendment --
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
71
1 MR. JOOST: Move the bill as amended.
2 MR. DAVIS: Second.
3 THE CHAIRMAN: -- passes.
4 A motion and second on the bill as amended.
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 MR. JOOST: (Votes yea.)
12 MR. REDMAN: (Votes yea.)
13 THE CHAIRMAN: Close the ballot, record the
14 vote.
15 (Committee ballot closed.)
16 MS. LAHMEUR: Six yeas, zero nays.
17 THE CHAIRMAN: By your action, you've
18 approved 2010-25.
19 MR. MOUSA: Thank you.
20 THE CHAIRMAN: Thank you, Mr. Mousa.
21 All right. We've done number 27.
22 Number 28, 2010-27.
23 MR. JOOST: (Inaudible.)
24 THE CHAIRMAN: Yes, we did. That was
25 Mr. Hainline. That was the Braddock.
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
72
1 MR. REINGOLD: I think we're on 2010-27.
2 THE CHAIRMAN: Correct. It's confusing
3 because the numbers of the legislation --
4 MR. JOOST: (Inaudible.)
5 THE CHAIRMAN: I'll say it. We're on
6 item 28, which is 2010-27.
7 All right. Mr. Crofts, save us.
8 MR. CROFTS: Yes, sir.
9 We're -- the subject property in this
10 particular application is located north of
11 Eastport Road in the North Planning District and
12 it consists of 23.77 acres. This particular
13 property was subject to a land use amendment
14 previously to multifamily MDR.
15 In this particular case, what we're doing
16 is we're going back to this particular
17 outparcel -- actually it's 2.34 acres. I'm
18 sorry. The current land use is MDR, proposed
19 BP. This particular strip of property will
20 function as a buffer, so to speak, between the
21 industrial to the north and the residential to
22 the south.
23 And staff recommends approval.
24 THE CHAIRMAN: Excellent. Thank you,
25 Mr. Crofts.
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
73
1 I'll open the public hearing.
2 Mr. Blanchard.
3 (Audience member approaches the podium.)
4 AUDIENCE MEMBER: Daniel Blanchard, 2926
5 Sandy Branch Lane.
6 I'm available for any questions.
7 THE CHAIRMAN: All right. Seeing none, I
8 will close the public hearing.
9 MR. JOOST: Move the bill.
10 MR. DAVIS: Second.
11 THE CHAIRMAN: A motion and second on the
12 bill.
13 Please open the ballot.
14 (Committee ballot opened.)
15 MR. HOLT: (Votes yea.)
16 MR. JONES: (Votes yea.)
17 MR. BROWN: (Votes yea.)
18 MR. DAVIS: (Votes yea.)
19 MR. JOOST: (Votes yea.)
20 MR. REDMAN: (Votes yea.)
21 THE CHAIRMAN: Close the ballot, record the
22 vote.
23 (Committee ballot closed.)
24 MR. LAHMEUR: Six yeas, zero nays.
25 THE CHAIRMAN: By your action, you've
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
74
1 approved 2010-27, item number 28.
2 Item number 29, 2010-28.
3 Mr. Crofts.
4 MR. CROFTS: The items 28 and 29 are --
5 MR. DAVIS: (Inaudible.)
6 THE CHAIRMAN: Item 29 is separate.
7 MR. CROFTS: I'm sorry.
8 THE CHAIRMAN: Item 29. Genuine Giants.
9 MR. CROFTS: Okay. This particular land
10 use amendment -- okay. I'm sorry. It's one
11 amendment, two pieces of property, right. This
12 is a development that came before you
13 previously. It's sort of followed up in terms
14 of development intensity. It has two
15 components, a residential component and a
16 commercial component.
17 And staff has, again, gone through a review
18 and assessment of the property. We have met
19 with the applicant, worked with the applicant,
20 done an assessment and evaluated in terms of the
21 compatibility and the infrastructure surrounding
22 it and the comprehensive plan influence as well
23 as the North District Vision Plan and the
24 strategic and state comprehensive plans and
25 recommends approval with an asterisk. The
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
75
1 asterisk basically limits the dwelling units to
2 275 and the maximum square footage of
3 neighborhood commercial to 143,000 square feet.
4 THE CHAIRMAN: All right. Thank you, sir.
5 I'll open the public hearing. I've got one
6 card from Mr. Duncan Ross for questions only.
7 Seeing no questions, we'll close that
8 public hearing.
9 There is an amendment.
10 MR. JONES: Move the amendment.
11 MR. JOOST: Second.
12 THE CHAIRMAN: A motion and second on the
13 amendment.
14 All in favor of the amendment, signify by
15 saying aye.
16 COMMITTEE MEMBERS: Aye.
17 THE CHAIRMAN: The amendment passes.
18 MR. JONES: Move the bill as amended.
19 MR. JOOST: Second.
20 THE CHAIRMAN: A motion and second on the
21 bill as amended.
22 Please open the ballot.
23 (Committee ballot opened.)
24 MR. HOLT: (Votes yea.)
25 MR. JONES: (Votes yea.)
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
76
1 MR. BROWN: (Votes yea.)
2 MR. DAVIS: (Votes yea.)
3 MR. JOOST: (Votes yea.)
4 MR. REDMAN: (Votes yea.)
5 THE CHAIRMAN: Close the ballot, record the
6 vote.
7 (Committee ballot closed.)
8 MR. LAHMEUR: Six yeas, zero nays.
9 THE CHAIRMAN: By your action, you have
10 approved 2010-28.
11 Thank you, Mr. Ross.
12 Mr. Reingold.
13 MR. REINGOLD: Just to clarify again, the
14 amendment was just an issue with regards to
15 having the square footage be at 143,000 square
16 feet and the bill consistent throughout.
17 THE CHAIRMAN: You guys good with that?
18 MR. CROFTS: (Nods head.)
19 THE CHAIRMAN: Excellent. All right.
20 Number 30 we already did.
21 Number 31, 2010-31. Okay. Now we're in
22 line with the item number and the bill number.
23 Mr. Crofts, tell us about number 31.
24 MR. CROFTS: This item is located 2,000
25 feet north of Arnold Road, south of the Nassau
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
77
1 River. The subject property is landlocked and
2 has no direct access to Arnold Road, and this
3 particular piece of property is being requested
4 to basically move from AGR-2 and -4 in public
5 buildings to a -- well, actually it will be
6 going to a rezoning to PUD.
7 The staff has evaluated this, reviewed it
8 in terms of consistency with the comprehensive
9 plan, the vision plan, strategic plan and state
10 comprehensive plan and recommends approval with
11 regard to consistency and compatibility with
12 these particular documents.
13 And this property, again, is adjacent to,
14 as I said, the Palmetto Bay RAC or mixed-use
15 development which is designed to accommodate
16 growth for residential development.
17 Thank you.
18 THE CHAIRMAN: Thank you, Mr. Crofts.
19 I'll open the public hearing.
20 I have Mr. Mike Herzberg.
21 (Mr. Herzberg approaches the podium.)
22 MR. HERZBERG: Mr. Chairman, Mike Herzberg
23 again for the applicant. My address is 4071
24 Cove St. Johns Road, Jacksonville, Florida
25 32277.
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
78
1 I'll stand by for questions.
2 THE CHAIRMAN: All right. I don't see
3 any.
4 Close the public hearing.
5 MR. DAVIS: Move the bill.
6 MR. REDMAN: Second.
7 THE CHAIRMAN: A motion and second on the
8 bill.
9 Please open the ballot.
10 (Committee ballot opened.)
11 MR. HOLT: (Votes yea.)
12 MR. JONES: (Votes yea.)
13 MR. BROWN: (Votes yea.)
14 MR. DAVIS: (Votes yea.)
15 MR. JOOST: (Votes yea.)
16 MR. REDMAN: (Votes yea.)
17 THE CHAIRMAN: Close the ballot, record the
18 vote.
19 (Committee ballot closed.)
20 MS. LAHMEUR: Six yeas, zero nays.
21 THE CHAIRMAN: By your action, you've
22 approved 2010-31.
23 Mr. Davis.
24 MR. DAVIS: Anybody that -- anybody that's
25 been sitting in the audience, if Mr. Herzberg is
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
79
1 next, I apologize for making this request, but I
2 have to leave early to head to a meeting. And I
3 was going to see if we could take up, I believe,
4 item 37, which is the discussion we had on the
5 future land use element changes.
6 THE CHAIRMAN: Sure.
7 Thank you, Mr. Herzberg.
8 MR. HERZBERG: Thank you all.
9 THE CHAIRMAN: Yeah. Let's move on to
10 page 12, item 37, council members.
11 MR. DAVIS: And it may be 36 and 37.
12 THE CHAIRMAN: Well, there's a -- that
13 whole page is land use element issues.
14 MR. DAVIS: Okay.
15 THE CHAIRMAN: That's all staff material.
16 Did you want to have Mr. Crofts go over
17 item number 37?
18 MR. DAVIS: I believe it's 36 and 37,
19 Mr. Chairman.
20 THE CHAIRMAN: Mr. Reingold, can I -- these
21 all seem related. Rather than going through
22 opening all the public hearings on them, can I
23 open them all at once, on items 34, 35, 36, 37?
24 MR. REINGOLD: You can certainly open them
25 all up at once. That's consistent kind of with
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
80
1 what we do at City Council.
2 THE CHAIRMAN: All right. Well, let's do
3 that. We'll open the public hearing on items 34
4 through 37, but Mr. Davis specifically wanted to
5 hear about 36 and 37.
6 So, Mr. Crofts, could you address that.
7 MR. CROFTS: If I may, I'm going to
8 defer --
9 THE CHAIRMAN: I'm sorry. Ms. Reed.
10 MR. CROFTS: I'm going to go ahead and let
11 Kristen go ahead. And I highlight how we've
12 addressed the issues that were brought up and
13 bring you up to speed. And if there are any
14 questions, I'll be glad to entertain them.
15 Thank you.
16 Kristen Reed.
17 THE CHAIRMAN: Sorry, Ms. Reed. Go ahead.
18 MS. REED: Thank you.
19 Ordinance 2010-36, amending the capital
20 improvements element of the 2010 Comprehensive
21 Plan revises language -- or adds a policy to the
22 capital improvement element that offers the
23 opportunity for an alternative process for a
24 fair share contribution for a proposed
25 development until such time as a mobility fee
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
81
1 system is adopted and implemented.
2 The proposed policy would not affect fair
3 share contracts entered into prior to the
4 adoption of this ordinance or final development
5 orders issued pursuant to such fair share
6 contracts.
7 And the department has recommended approval
8 of that amendment.
9 THE CHAIRMAN: Mr. Reingold.
10 MR. REINGOLD: And I just wanted to clarify
11 the amendment. Essentially the Planning
12 Commission approved the exhibit and some
13 technical changes in the bill.
14 MR. DAVIS: Okay. I just wanted to make
15 sure that's what the amendment was.
16 THE CHAIRMAN: Okay. Did we address our
17 issues?
18 MR. DAVIS: Yes.
19 THE CHAIRMAN: Excellent.
20 All right. Mr. Jones.
21 MR. JONES: Through the Chair, you
22 mentioned mobility fee. What is that, and are
23 we required to implement a mobility fee?
24 MS. REED: Yes. Mobility fee, legislative
25 changes in the 2009 -- forgive me -- 2009
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
82
1 legislative changes mandate that we, as --
2 designated as a transportation concurrency
3 exception area, implement a mobility fee system
4 in replacement of the concurrency system. That
5 needs to be adopted by July of 2011.
6 MR. JONES: So the mobility fee will
7 replace the concurrency fee?
8 MS. REED: That is correct.
9 MR. JONES: Okay. I'm -- what's the
10 thought? Is that better for Jacksonville or
11 not? I mean, that's the question I have.
12 MS. REED: I'm sorry?
13 MR. JONES: Is that mobility fee better for
14 Jacksonville as a community?
15 MS. REED: The intent of the mobility fee
16 is to pay for other transportation improvements
17 other than just roadway improvements. It's
18 intended to promote transit and more of a green
19 kind of transportation system, lower carbon
20 emissions, things of that nature.
21 Concurrency they also have identified as
22 something that pushes development out to the
23 greenfields rather than -- or encouraging or
24 enticing infill redevelopment in a more
25 compact --
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
83
1 MR. JONES: So the mobility fee is designed
2 to increase the density of neighborhoods as
3 opposed to --
4 MS. REED: That is one goal, I believe the
5 intent in part of the legislature and
6 implementing and requiring the mobility fee,
7 yes.
8 MR. JONES: Okay. All right. Thank you.
9 THE CHAIRMAN: All right. Mr. Joost.
10 MR. JOOST: Just real quick.
11 And I guess through the Chair to Mr. Davis,
12 wasn't the mobility fee -- we discussed it in
13 the seaport committee. So what it does is
14 basically it helps infill. And where there's
15 already infrastructure, obviously the fee would
16 be less in those areas. Say like you had
17 downtown development, and then kind of as you
18 move out into rural areas, the fee would be
19 higher. And then in other concentrated
20 industrial areas, it would help development that
21 way. I mean, kind of in a broad perspective.
22 Is that basically correct?
23 MR. DAVIS: Yes, councilman.
24 THE CHAIRMAN: That's basically correct.
25 But just for the record, we're not passing
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
84
1 the mobility fee in this. This is --
2 MR. DAVIS: Yeah, that's --
3 MR. JONES: But, I mean, that's a part of
4 it.
5 MR. DAVIS: Yeah. I mean, I think that you
6 do understand that we're going to be required to
7 implement some type of mobility fee. And I
8 think that we probably all know dealing with
9 fair share that it needs to be fixed and -- not
10 too much fair about it when you're the last guy
11 in. So I think that that's something that we
12 should be dealing with in the near future.
13 THE CHAIRMAN: All right. Thank you all
14 for the discussion.
15 Did you want to just do 36 and 37 now and
16 then --
17 MR. DAVIS: (Inaudible.)
18 THE CHAIRMAN: All right.
19 MR. JOOST: You've got to close the public
20 hearing.
21 THE CHAIRMAN: All right. We'll close the
22 public hearing on all those items.
23 MR. JOOST: Move the amendment on 36.
24 MR. JONES: Second.
25 THE CHAIRMAN: All right. I have a motion
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
85
1 and second on the amendment on 2010-36.
2 All those in favor of the amendment signify
3 by saying aye.
4 COMMITTEE MEMBERS: Aye.
5 THE CHAIRMAN: The amendment passes.
6 MR. JOOST: Move the bill as amended.
7 MR. JONES: Second.
8 THE CHAIRMAN: A motion and second on
9 2010-36 as amended.
10 Please open the ballot.
11 (Committee ballot opened.)
12 MR. HOLT: (Votes yea.)
13 MR. JONES: (Votes yea.)
14 MR. BROWN: (Votes yea.)
15 MR. DAVIS: (Votes yea.)
16 MR. JOOST: (Votes yea.)
17 MR. REDMAN: (Votes yea.)
18 THE CHAIRMAN: Close the ballot, record the
19 vote.
20 (Committee ballot closed.)
21 MR. LAHMEUR: Six yeas, zero nays.
22 THE CHAIRMAN: By your action, you have
23 approved 2010-36.
24 2010-37.
25 MR. JOOST: Move the amendment.
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
86
1 MR. JONES: Second.
2 THE CHAIRMAN: A motion and second on the
3 amendment.
4 Mr. Crofts or Ms. Reed.
5 MR. CROFTS: No, it's not the same thing.
6 And I think that it's probably a good idea to
7 hear the amendment, and I'm going to ask
8 Ms. Reed to kind of summarize that for you.
9 THE CHAIRMAN: Okay.
10 MR. CROFTS: This is item 37.
11 THE CHAIRMAN: All right.
12 MS. REED: Forgive me.
13 Ordinance 2010-37 is the update of the
14 future land use element. There were two
15 amendments the Planning Commission recommended,
16 and there's one additional one that I would like
17 to offer up as well in reviewing the document.
18 One is -- the first amendment is to remove
19 FLUE policy 2.2.13. It's just a very specific
20 policy that is in relation to the vision plans
21 that are still kind of in their final draft
22 form. And we just thought it was a little
23 premature to include that in the future land use
24 element, something that we can address in the
25 future.
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
87
1 In addition to that, at the LUZ workshop on
2 February 2nd, there were some concerns, I
3 believe, Councilman Davis raised about minimum
4 densities. And I've offered up language that
5 would go in the description and interpretation
6 of the future land use map series section of the
7 FLUE, and that language states -- and I have
8 copies of that I can pass around as well.
9 That language states that minimum
10 densities, as required in the various plan
11 categories, do not apply to accessory uses such
12 as security, a watchman or caretaker
13 residences. And unless specifically stated
14 otherwise in a plan category or for transit
15 oriented development, TOD, minimum density shall
16 not be construed to require residential uses.
17 The third amendment that I would like to
18 offer up is -- in reviewing the exhibit that was
19 originally submitted, the transit oriented
20 development category, had it been intended to be
21 removed, transit oriented development has been
22 incorporated into a multitude -- or most of the
23 future land use element categories and doesn't
24 need its own category. So we'd just like to
25 offer up that that be struck through, removed
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
88
1 from the future land use element.
2 THE CHAIRMAN: Thank you, Ms. Reed.
3 MS. REED: Thank you.
4 THE CHAIRMAN: Mr. Davis.
5 MR. DAVIS: I would hear what Mr. Reingold
6 has to say, but I wanted to --
7 THE CHAIRMAN: Okay. Mr. Reingold, then
8 Mr. Davis.
9 MR. REINGOLD: Just to add, there's just
10 one more aspect to the amendment. And it's all
11 just going to be one amendment, whether you
12 adopt all the parts or just some of it.
13 Essentially that assisted living facilities
14 and housing for the elderly, so long as those
15 facilities are located within three miles of a
16 hospital and on an arterial road, are allowed as
17 a secondary use in the LDR district or in the
18 LDR land use category.
19 THE CHAIRMAN: And all those wrapped up
20 into one.
21 Mr. Davis.
22 MR. DAVIS: I guess this is something we
23 can always address in the adoption stage of this
24 because we're just sending this off. It's
25 coming back. It's something that we can
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
89
1 correct. This is like a work in progress.
2 MS. REED: Absolutely. There will be a
3 whole other round of public hearings starting up
4 in June and we can certainly work on things in
5 the meantime as well, address any concerns, do
6 additional research.
7 MR. DAVIS: And the minimum density
8 language could be what solves it. It might not
9 be. I don't have a problem moving forward. I
10 guess the problem I have -- and there was
11 another area when I was reading this week
12 regarding transitional where you had
13 parameters -- very specific parameters on
14 transitions between different uses.
15 And whenever we start getting extremely
16 specific in this, I just worry that we're boxing
17 ourself in a corner because we can't determine
18 exactly what situations may come up. So maybe
19 we can work on those things between now and
20 then.
21 I appreciate you taking a look at this
22 because I do believe that minimum guidelines
23 here would cause problems in the future and
24 addressing those other issues.
25 THE CHAIRMAN: All right. Thank you, sir.
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
90
1 Okay. So we are on the amendment. I
2 believe I had a --
3 MR. JOOST: Move the amendment.
4 MR. JONES: Second.
5 THE CHAIRMAN: -- had a motion and second.
6 All in favor of the amendment, signify by
7 saying aye.
8 COMMITTEE MEMBERS: Aye.
9 THE CHAIRMAN: The amendment passes.
10 MR. JOOST: Move the bill as amended.
11 MR. JONES: Second.
12 THE CHAIRMAN: A motion and second on
13 2010-37.
14 Mr. Jones.
15 MR. JONES: I assume the motion that we
16 made for the amendment included all three of the
17 amendments?
18 MR. REINGOLD: Yes.
19 MR. JONES: That's all of them. Okay.
20 Just wanted to make sure.
21 THE CHAIRMAN: All right. Thank you, sir.
22 Seeing no further speakers, please open the
23 ballot.
24 (Committee ballot opened.)
25 MR. HOLT: (Votes yea.)
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
91
1 MR. JONES: (Votes yea.)
2 MR. BROWN: (Votes yea.)
3 MR. DAVIS: (Votes yea.)
4 MR. JOOST: (Votes yea.)
5 MR. REDMAN: (Votes yea.)
6 THE CHAIRMAN: Close the ballot, record the
7 vote.
8 (Committee ballot closed.)
9 MR. LAHMEUR: Six yeas, zero nays.
10 THE CHAIRMAN: By your action, you've
11 approved 2010-37.
12 Okay. Mr. Reingold.
13 MR. REINGOLD: To the Chair, it was my
14 understanding that we had closed the public
15 hearings on items 34 and 35. Do you just want
16 to take them up now since you just closed the
17 public hearing?
18 THE CHAIRMAN: Yeah. We'll go ahead and do
19 34 and 35, but Mr. Davis has got to go.
20 (Mr. Davis exits the proceedings.)
21 THE CHAIRMAN: So go back up to the top of
22 that page.
23 Item 34, which is 2010-34.
24 MR. JOOST: Move the amendment.
25 MR. REDMAN: Second.
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
92
1 THE CHAIRMAN: Did we need to have any
2 information on that amendment, Mr. Crofts or
3 Ms. Reed?
4 MR. REINGOLD: It's essentially the
5 multiuse language that was incorporated in your
6 staff report.
7 THE CHAIRMAN: Excellent.
8 MR. CROFTS: Basically, just -- it just
9 helps us -- with the going away of DRIs in
10 Jacksonville, the deal with the DRI types of
11 developments through the multiuse category. So
12 it's a substitute local government provision to
13 allow us to deal with the larger master plan
14 developments.
15 THE CHAIRMAN: So there won't be any more
16 DRIs?
17 MR. CROFTS: That's correct. DRIs have
18 been eliminated in Jacksonville.
19 THE CHAIRMAN: Okay. All right.
20 Mr. Jones.
21 MR. JONES: Thank you.
22 Through the Chair to Mr. Crofts, what's the
23 difference between a mixed use and a multiple
24 use?
25 MR. CROFTS: Strictly terminology because
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
93
1 we use multiuse as a land use category. We
2 tried to make it -- it's basically the same --
3 refers to the same thing. It's just a choice of
4 words or preference of words. There's no
5 difference.
6 MR. JONES: Because I noticed the MU and I
7 was thinking of one thing. You used the term
8 "mixed use" -- I mean "multiuse."
9 MR. CROFTS: I just -- just to answer
10 Mr. Jones, technically we call it "multiuse,"
11 and that's why I referred to it more to the --
12 more than the generic mixed-use type of
13 development. We've just -- when we created the
14 land use category, we called it "multiuse."
15 MR. JONES: And not "mixed"?
16 MR. CROFTS: Not mixed use, yes.
17 MR. JONES: Someone has a zoning, and I
18 think you had recommended -- and they came back
19 and said you recommended mixed use, and that's
20 the first time I'd heard that.
21 Thank you.
22 THE CHAIRMAN: All right. And I believe I
23 had a motion and second on the amendment on 34;
24 is that right?
25 MR. JOOST: Uh-huh.
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
94
1 THE CHAIRMAN: All in favor of the
2 amendment, signify by saying aye.
3 COMMITTEE MEMBERS: Aye.
4 THE CHAIRMAN: The amendment passes.
5 MR. JOOST: Move the bill as amended.
6 MR. JONES: Second.
7 THE CHAIRMAN: A motion and second on the
8 bill as amended.
9 Please open the ballot.
10 (Committee ballot opened.)
11 MR. HOLT: (Votes yea.)
12 MR. JONES: (Votes yea.)
13 MR. BROWN: (Votes yea.)
14 MR. JOOST: (Votes yea.)
15 MR. REDMAN: (Votes yea.)
16 THE CHAIRMAN: Close the ballot and record
17 the vote.
18 (Committee ballot closed.)
19 MR. LAHMEUR: Five yeas, zero nays.
20 THE CHAIRMAN: By your action, you've
21 approved 2010-34.
22 2010-35. I need a motion on the bill.
23 MR. JOOST: Move it.
24 MR. JONES: Second.
25 THE CHAIRMAN: A motion and second on -35.
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
95
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. JOOST: (Votes yea.)
7 MR. REDMAN: (Votes yea.)
8 THE CHAIRMAN: Close the ballot, record the
9 vote.
10 (Committee ballot closed.)
11 MR. LAHMEUR: Five yeas, zero nays.
12 THE CHAIRMAN: By your action, you've
13 approved 2010-35.
14 Sorry. I got distracted there because that
15 one is slightly different than the others.
16 Okay.
17 MR. JONES: I have a question.
18 THE CHAIRMAN: Sure. Give me a chance to
19 find my spot.
20 MR. JONES: Question on the previous bill,
21 2010-35, Mr. Reingold. In revising the language
22 for adult entertainment, does that -- does that
23 change anything that we're doing currently?
24 MR. REINGOLD: No, sir. It essentially
25 clarifies what the intent of the council was and
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
96
1 what our regulations are. They're allowed in
2 CCG-2 by right.
3 MR. JONES: Okay. Thank you.
4 THE CHAIRMAN: All right. Somebody correct
5 me if I'm wrong, but I believe we left off at
6 number 32.
7 MR. JOOST: That's what I got.
8 THE CHAIRMAN: All right. Mr. Crofts or
9 Mr. Kelly.
10 MR. KELLY: Yes. Very briefly, item 32 is
11 a land use amendment that essentially resolves
12 a -- during the legislative process for this
13 amendment when it went through originally, the
14 applicant had proposed a change in the asterisk
15 that limits the development in this particular
16 application to -- from 2.2 million to
17 2.5 million square feet of light industrial and
18 supportive uses, and that did not get reflected
19 in the land use amendment. I think it was part
20 of the deliberations, part of the rezoning, but
21 it was not reflected in the land use amendment.
22 And we're going back to correct that, which
23 was kind of -- which was the intent of this
24 particular land use amendment.
25 And as you'll see that you, in fact, are
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
97
1 the applicant of record on this particular
2 amendment. Again, it consists of 287 acres of
3 property, and we're simply increasing the square
4 footage that would be allowed in this particular
5 development.
6 And I know that you and Mr. Ingram are very
7 familiar with some of the actual occurrences and
8 events that took place with this. It was a
9 rather long and laborious process. And
10 ultimately it was approved, but we failed to
11 include the appropriate square footage that was
12 agreed upon when it was all said and done, and
13 we're basically correcting that.
14 And we find it consistent with the
15 applicable plans for the City of Jacksonville.
16 Thank you.
17 THE CHAIRMAN: Thank you, Mr. Crofts.
18 I'll open the public hearing.
19 Mr. Ingram, do you want to tell the folks?
20 And if you miss anything, I'll fill in the gap.
21 (Mr. Ingram approaches the podium.)
22 MR. INGRAM: Okay. Tom Ingram, 207 North
23 Laura Street, Suite 260, Jacksonville. And I'm
24 here representing the landowner, Alta Lakeside
25 LLC.
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
98
1 As Mr. Crofts explained, the proposal that
2 was before the Land Use and Zoning Committee,
3 when it was up for adoption in 2008, was for
4 2.5 million square feet of light industrial.
5 That was part of an amendment to the application
6 that was filed approximately two weeks prior to
7 the LUZ hearing and it was part of a larger
8 compromise or continuing negotiations with the
9 City and with the surrounding neighborhood about
10 the makeup of this project.
11 The original Alta Lakes project
12 contemplated access on Alta Drive and New Berlin
13 Road. As part of the negotiations, the
14 applicant offered to eliminate the Alta Drive
15 access, but in exchange requested that the
16 square footage be increased to 2.5 million
17 square feet of light industrial.
18 What they had found as they were going
19 through the application process was that the
20 site could accommodate more square feet than
21 they had originally thought. The site is about
22 287 acres, so the yield is still less than
23 10,000 square feet per acre, which is the normal
24 rule of thumb.
25 I will also tell you that at the LUZ
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
99
1 hearing, I had described the application as
2 being for 2.5 million square feet. The
3 opposition made some hay about it and
4 Councilwoman Lee had asked me to confirm, is
5 this for 2.5? I said yes. But, in sum, the --
6 our proposal was for 2.5. The opposition had
7 understood it to be for 2.5. And I believe the
8 Land Use and Zoning Committee had also
9 understood that to be the proposal.
10 So I know, you know, the signs have been
11 posted. I know there were some e-mails to the
12 Marsh Winds community. They're aware of this
13 application going through.
14 So I'm happy to answer any other questions
15 you may have about it.
16 THE CHAIRMAN: Thank you, sir.
17 And I would just say that basically I kind
18 of sponsored this bill because it was the Land
19 Use and Zoning Committee's fault that that
20 didn't get properly moved, and I was on the
21 committee at that time.
22 So I don't have any other speakers, no one
23 on my queue, so I will close the public hearing.
24 MR. JOOST: Move the bill.
25 MR. REDMAN: Second.
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
100
1 THE CHAIRMAN: A 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. JOOST: (Votes yea.)
9 MR. REDMAN: (Votes yea.)
10 THE CHAIRMAN: Close the ballot, record the
11 vote.
12 (Committee ballot closed.)
13 MR. LAHMEUR: Five yeas, zero nays.
14 THE CHAIRMAN: By your action, you've
15 approved 2010-32.
16 All right. Number 33, 2010-33.
17 Mr. Crofts.
18 MR. CROFTS: Yes. Mr. Chairman, members of
19 the committee, 2010-33 is an application that
20 basically revises an asterisk that was attached
21 to this land use amendment when it was
22 originally approved in the 2008D series under
23 ordinance 2009-142.
24 Subsequent to the City's adoption of this,
25 there was concern raised by the Department of
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
101
1 Transportation about the ability to accommodate
2 the traffic impacts on the affected roads with
3 regard to the square footage that was allowed.
4 What basically is happening in this
5 particular case is that -- the amendment
6 essentially consists of revising that asterisk
7 that goes with this development to limit,
8 restrict light industrial uses to the extent
9 that the number of trips, p.m. peak-hour trips,
10 does not exceed 671.
11 We're not changing any land uses. We're
12 basically reducing the impact intensity of the
13 uses on this particular piece of property. And
14 staff and all the applicable agencies that have
15 looked at this in their review are in support of
16 it.
17 And that concludes my report.
18 THE CHAIRMAN: Thank you, sir.
19 So basically we're just -- we're changing
20 the number of trips in the p.m. or reducing it?
21 MR. CROFTS: That's correct.
22 THE CHAIRMAN: Reducing it because DCA
23 requires that.
24 All right. Let's see. 2010-33 has no
25 amendment.
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
102
1 I need a motion on the bill.
2 MR. JOOST: Close the public hearing.
3 THE CHAIRMAN: No. I need to close the
4 public hearing.
5 Close the public hearing.
6 MR. JOOST: Move the bill.
7 MR. JONES: Second.
8 THE CHAIRMAN: A motion and second on the
9 bill.
10 Please open the ballot.
11 (Committee ballot opened.)
12 MR. HOLT: (Votes yea.)
13 MR. JONES: (Votes yea.)
14 MR. BROWN: (Votes yea.)
15 MR. JOOST: (Votes yea.)
16 MR. REDMAN: (Votes yea.)
17 THE CHAIRMAN: Close the ballot, record the
18 vote.
19 (Committee ballot closed.)
20 MR. LAHMEUR: Five yeas, zero nays.
21 THE CHAIRMAN: By your action, you've
22 approved 2010-33.
23 We've done items 34 through 37. Item 38 is
24 deferred.
25 Item 39. There is a sub.
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
103
1 MR. JOOST: Move the sub.
2 MR. JONES: Second.
3 THE CHAIRMAN: A motion and second on the
4 sub. And we're going to be rereferring, so
5 there's no public hearing.
6 All in favor of the sub, signify by saying
7 aye.
8 COMMITTEE MEMBERS: Aye.
9 THE CHAIRMAN: The sub passes.
10 MR. JOOST: Move to rerefer as substituted.
11 MR. JONES: Second.
12 THE CHAIRMAN: A motion and second to
13 rerefer to LUZ.
14 Please open the ballot.
15 (Committee ballot opened.)
16 MR. HOLT: (Votes yea.)
17 MR. JONES: (Votes yea.)
18 MR. BROWN: (Votes yea.)
19 MR. JOOST: (Votes yea.)
20 MR. REDMAN: (Votes yea.)
21 THE CHAIRMAN: Close the ballot, record the
22 vote.
23 (Committee ballot closed.)
24 MR. LAHMEUR: Five yeas, zero nays.
25 THE CHAIRMAN: By your action, you've
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
104
1 rereferred number -- 2010-71.
2 72 is deferred.
3 Items 41 and 42, 43, 44 and 45 are all
4 second and rereferred.
5 If I'm not mistaken, the only thing we have
6 left is back to page 3, number 4.
7 Tell me if I'm wrong anyone.
8 Okay. All right. 2009-402, which is our
9 bill on public pay phone and transit shelter
10 signage.
11 MR. JOOST: Move to withdraw the bill.
12 MR. JONES: Second.
13 THE CHAIRMAN: Are we going to withdraw it
14 or -- we don't have a public hearing.
15 MR. JOOST: Move to deny.
16 THE CHAIRMAN: Are we in the right posture
17 for that?
18 Mr. Reingold, do you want to give us the --
19 MR. REINGOLD: I'll just give a very brief
20 history.
21 Back in October, this committee considered
22 the bill. This committee adopted an amendment
23 to strike the language regarding transit
24 shelters.
25 When it went to City Council the next week,
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
105
1 City Council rereferred it. It did not adopt it
2 with the amendment, didn't rerefer it with the
3 amendment. And so that's before you. You have
4 sitting -- 2009-402 as originally drafted.
5 And as I understand it, Councilmember
6 Crescimbeni had asked that it be taken up
7 today. I believe there are a couple of
8 individuals in the audience who would probably
9 like to speak. There's not a public hearing,
10 per se. Anyone who spoke would be at the
11 discretion of the Chair.
12 And that's the posture that we're in right
13 now.
14 THE CHAIRMAN: Well, first of all, I have a
15 handwritten note that there's an amendment.
16 Is that right?
17 MR. REINGOLD: The amendment is still the
18 sort of same one that was contemplated or
19 adopted by the LUZ Committee in October.
20 THE CHAIRMAN: Okay. So there's no new
21 amendment.
22 So there's no new amendment?
23 MR. REINGOLD: Not that I'm aware of,
24 unless Planning staff or anyone else hears
25 otherwise.
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
106
1 THE CHAIRMAN: All right. So would we be
2 best to just go ahead and move the bill for
3 approval and then vote it that way or move it
4 for denial?
5 MR. REINGOLD: Well, the one thing I would
6 say is if you do not amend the bill and it
7 contains the essential prohibition in
8 Chapter 326 on having signs on transit shelters,
9 you would have an inconsistency in our ordinance
10 code. That's the only issue I would raise.
11 THE CHAIRMAN: So are you saying you would
12 recommend that we move it for denial or move it
13 for approval and vote it? I mean, if someone
14 were to want to deny this, what would be the
15 best way for us to handle that?
16 MR. REINGOLD: If you just wanted to deny
17 this bill, you could certainly move to deny it.
18 THE CHAIRMAN: Okay. Mr. Kelly, you looked
19 like you wanted to say something.
20 MR. KELLY: I was just going to bring up
21 again the discussion on what the amendment was
22 at that time. It was a friendly amendment
23 offered up, I believe, by Councilman Davis that
24 would remove the transit shelter component of it
25 but still prohibit the advertising on pay
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
107
1 phones.
2 So if you were to approve with that
3 amendment in mind, in lieu of withdrawing, then
4 you'd be prohibiting the advertising on the pay
5 phones only and not on the bus shelters.
6 THE CHAIRMAN: Well, now, correct me if I'm
7 wrong, but I think I was reading the bill itself
8 and it included more than just pay phones and
9 transit shelters. It was all kinds of -- it was
10 affixed to just about anything.
11 Mr. Reingold.
12 MR. REINGOLD: Currently, the section
13 that's dealt with in this ordinance says that if
14 it's tacked, tied, or -- to a hydrant, a tree, a
15 lamppost, a telephone, telegraph or electric
16 utility pole, fence or building. And what this
17 is doing is it's saying, well, if you paste it
18 on or otherwise affix it and you include into
19 those list of -- laundry list of items,
20 pay phones and transit shelters, then those are
21 also prohibited.
22 The ones that I read off originally, the
23 lampposts and the trees, those are already part
24 of the prohibited items for advertising or
25 signage in our code.
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
108
1 THE CHAIRMAN: All right. Mr. Jones.
2 MR. JONES: Thank you.
3 Mr. Chairman, I think Mr. Joost's motion
4 was to deny. I second it. So we do have a
5 motion and a second to -- I'm sorry --
6 withdraw.
7 His original motion was to withdraw. And I
8 think the bill, as we just noted already,
9 prohibits -- the existing sign ordinance already
10 prohibits advertising on everything but the
11 pay phones; is that correct?
12 MR. REINGOLD: (Nods head.)
13 MR. JONES: So if we want to move forward,
14 I would support the bill as we did originally
15 with the amendment to exclude transit shelters
16 and move forward excluding -- including pay
17 phones only in the bill because you would have a
18 conflict.
19 Thank you.
20 THE CHAIRMAN: So are we -- I'm not sure if
21 we're moving forward with it as a withdrawal or
22 a denial. It's not looking good for the bill,
23 though.
24 Mr. Reingold.
25 MR. REINGOLD: Again, I kind of heard a
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
109
1 couple of things in that, Councilmember. I'm
2 not sure. I've heard a couple of things. I've
3 heard a lot of discussion.
4 It may be best if, one, the Chair decided
5 if they wanted to hear anyone from the audience;
6 and, two, just someone make a clear motion,
7 whether it's withdrawal, deny, or move an
8 amendment.
9 THE CHAIRMAN: Mr. Joost, it was your
10 motion to withdraw. Did you want to change that
11 to a different motion?
12 MR. JOOST: No. I think the current law is
13 already pretty clear on what we're allowed to
14 do. And now it's just getting redundant. I
15 mean, you're not -- you know, people are still
16 going to put signs up on telephone poles,
17 they're still going to tack them to fences and
18 whatnot. No matter how many laws we write, it's
19 going to continue. You know, apartment for
20 sale, whatever. Lost dog, lost cat. You know,
21 what, are we going to send the police out every
22 time somebody puts a poster up on the telephone
23 pole for a lost dog or cat?
24 So, to me, it's -- a lot of this is just
25 being redundant and we should just withdraw the
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
110
1 whole thing and make it go away.
2 THE CHAIRMAN: Okay. I have a motion for
3 withdrawal --
4 MR. JONES: Second.
5 THE CHAIRMAN: -- and a second.
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. JOOST: (Votes yea.)
12 MR. REDMAN: (Votes yea.)
13 THE CHAIRMAN: Close the ballot and record
14 the vote.
15 (Committee ballot closed.)
16 MR. LAHMEUR: Five yeas, zero nays.
17 THE CHAIRMAN: By your action you have
18 withdrawn 2009-402.
19 Anybody got any other items?
20 COMMITTEE MEMBERS: (No response.)
21 THE CHAIRMAN: That's it? Everybody
22 happy?
23 Good night.
24 (The above proceedings were adjourned at
25 6:45 p.m.)
Diane M.
Tropia,
111
1 C E R T I F I C A T E
2
3 STATE OF
4 COUNTY OF DUVAL :
5
6 I, Diane M. Tropia, certify that I was
7 authorized to and did stenographically report the
8 foregoing proceedings and that the transcript is a
9 true and complete record of my stenographic notes.
10 Dated this 21st day of February, 2010.
11
12
13
14 Diane M. Tropia
15
16
17
18
19
20
21
22
23
24
25
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203