1 CITY OF
2 LAND USE AND ZONING
3 COMMITTEE
4
5
6 Proceedings held on Tuesday, February 2,
7 2010, commencing at 5:00 p.m., City Hall, Council
8 Chambers, 1st Floor,
9 Diane M. Tropia, a Notary Public in and for the State
10 of
11
12 PRESENT:
13 RAY HOLT, Chair.
WARREN JONES, Vice Chair.
14 REGINALD BROWN, Committee Member.
DANIEL DAVIS, Committee Member.
15 JOHNNY GAFFNEY, Committee Member.
STEPHEN JOOST, Committee Member.
16 DON REDMAN, Committee Member.
17
ALSO PRESENT:
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JOHN CROFTS, Deputy Director, Planning Dept.
19 SEAN KELLY, Chief, Current Planning.
FOLKS HUXFORD, Zoning Administrator.
20 KEN AVERY, Planning and Development Dept.
DYLAN REINGOLD, Office of General Counsel.
21 RICK CAMPBELL, Research Assistant.
MERRIANE LAHMEUR, Legislative Assistant.
22 JESSICA STEPHENS, Legislative Assistant.
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Diane M.
Tropia,
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1 P R O C E E D I N G S
2 February 2, 2010 5:00 p.m.
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4 THE CHAIRMAN: Okay. We are now starting
5 our Land Use and Zoning meeting for Tuesday,
6 February 2nd.
7 I'll go ahead and gavel us in and jump into
8 our agenda.
9 We don't have any items we're taking early
10 for anybody, so I'll start on page 2.
11 Item 1, 2008-541. We will open the public
12 hearing.
13 Seeing no speakers, we will continue that
14 public hearing to 3/2 and take no further
15 action.
16 2008-542. We'll open the public hearing.
17 Seeing no speakers, we'll continue that to
18 3/2, take no further action.
19 2009-91, on the top of page 3, open the
20 public hearing. No speakers. We'll continue
21 that to February 17th.
22 Item 4 is deferred.
23 Item 5, 2009-429. Open the public
24 hearing.
25 No speakers. We'll continue that to
Diane M.
Tropia,
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1 February 17th, take no further action.
2 2009-444 is deferred.
3 Number 7, 2009-530, is deferred.
4 Number 8, 2009-655. Open the public
5 hearing.
6 Seeing no speakers, we'll continue that to
7 February 17th.
8 2009-656. Open the public hearing.
9 No speakers. We will continue that to
10 February 17th as well.
11 Number 10, 2009-657. I should probably be
12 doing some of these at once, but -- open the
13 public hearing. No speakers. Continued to
14 February 17th.
15 Top of page 6. 2009-658. Open the public
16 hearing. Continue to February 17th.
17 Number 12, 2009-751. Open the public
18 hearing, and we do have a speaker.
19 Ms. Rewis.
20 (Audience member approaches the podium.)
21 THE CHAIRMAN: It doesn't say for questions
22 only, but --
23 AUDIENCE MEMBER: I'm not Ms. Rewis.
24 Kathryn Whittington.
25 THE CHAIRMAN: I was going to say, you're
Diane M.
Tropia,
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1 not Ms. Rewis.
2 MS. WHITTINGTON: As a matter of fact,
3 Ms. Rewis is on the phone right now with
4 Councilman Webb.
5 Can we defer this behind another meeting --
6 table?
7 THE CHAIRMAN: Do you want to just table it
8 for --
9 MS. WHITTINGTON: A few minutes.
10 THE CHAIRMAN: A few minutes? All right.
11 We'll do that.
12 We'll lay this on the table. We'll move on
13 with our agenda and come back to it in probably
14 five or ten minutes.
15 MS. WHITTINGTON: Thank you.
16 MR. JONES: (Inaudible.)
17 THE CHAIRMAN: That's 2009-751. They're
18 talking to Mr. Webb right now.
19 All right. 2009-864, the landscape bill.
20 We'll open the public hearing.
21 Seeing no speakers, we'll close that public
22 hearing.
23 Page 7, 2009-910. Open the public
24 hearing.
25 Are we moving that bill?
Diane M.
Tropia,
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1 MR. REINGOLD: (Inaudible.)
2 THE CHAIRMAN: Is the bill being moved
3 tonight?
4 MR. REINGOLD: No. It was just open and
5 close. We will actually have a substitute
6 before the LUZ Committee at some point. And at
7 that point, we will set new public hearings.
8 THE CHAIRMAN: I didn't think it was marked
9 for --
10 MR. JONES: (Inaudible.)
11 THE CHAIRMAN: All right. Number 14, we'll
12 open the public hearing.
13 No speakers. We'll continue that to
14 February 17th.
15 Number 15, an action item, 2009-931. We'll
16 open the public hearing.
17 We have somebody up here waving his hand.
18 Did you want to speak on this one, sir?
19 AUDIENCE MEMBER: Yes, sir.
20 THE CHAIRMAN: All right. After you get
21 done -- just give us your name and address for
22 the record. And then after you're done, you can
23 give us a blue card.
24 (Mr. Brown enters the proceedings.)
25 AUDIENCE MEMBER: Okay. Jimmy L.
Diane M.
Tropia,
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1 Higginbotham. I'm agent for my daughter, who is
2 the property owner.
3 We're just asking for a waiver of road
4 frontage. It's 30 foot of road frontage, which
5 is adequate to approach the property. It's been
6 a lot -- it's been a lot since 1977. If it had
7 been one in 1972, it would have been a lot of
8 record, but it missed it by five years.
9 And I'll answer any questions y'all might
10 have.
11 THE CHAIRMAN: All right. Mr. Jones has a
12 question for you, sir.
13 MR. JONES: Thank you.
14 Through the Chair to Mr. Higginbotham, are
15 you familiar with the amendment and you're
16 comfortable with the amendment?
17 Mr. Higginbotham.
18 MR. HIGGINBOTHAM: What is the amendment?
19 MR. REINGOLD: The amendment would just be
20 either to approve or deny the waiver. There are
21 actually no conditions that have been proposed
22 by --
23 MR. JONES: There are --
24 MR. REINGOLD: No conditions by staff.
25 MR. JONES: Okay. Thank you.
Diane M.
Tropia,
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1 THE CHAIRMAN: Excellent.
2 All right. And we'll note that the
3 Planning Department has recommended approval on
4 this.
5 We'll close the public hearing.
6 MR. JONES: Move the amendment.
7 MR. BROWN: Second.
8 THE CHAIRMAN: We have an amendment to --
9 MR. DAVIS: Move to approve.
10 THE CHAIRMAN: -- to grant the waiver.
11 Motion and second to amend to grant the
12 waiver.
13 All in favor of the amendment, please
14 signify by saying aye.
15 COMMITTEE MEMBERS: Aye.
16 THE CHAIRMAN: The amendment passes.
17 MR. JONES: Move the bill as amended.
18 MR. BROWN: Second.
19 THE CHAIRMAN: Motion and second to grant
20 the waiver.
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,
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1 MR. DAVIS: (Votes yea.)
2 DR. GAFFNEY: (Votes yea.)
3 MR. JOOST: (Votes yea.)
4 MR. REDMAN: (Votes yea.)
5 (Committee ballot closed.)
6 THE CHAIRMAN: Close the ballot, record the
7 vote.
8 MR. LAHMEUR: Seven yeas, zero nay.
9 THE CHAIRMAN: By your action, you have
10 approved the waiver.
11 Thank you, sir, for coming down.
12 MR. HIGGINBOTHAM: Thank you.
13 (Discussion held off the record.)
14 THE CHAIRMAN: If you need to get on the
15 queue, just raise your hand or yell at me.
16 I don't see Ms. Rewis or anybody, so let's
17 keep on going.
18 Number 16 is deferred, 17.
19 Page 8, 18 is deferred; 19, 20, 21, and 22
20 are all read second. All of page 9 is read
21 second.
22 All of page 10, except for the last one --
23 MR. JOOST: Move to withdraw.
24 THE CHAIRMAN: -- 2010-29.
25 MR. DAVIS: Second.
Diane M.
Tropia,
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1 THE CHAIRMAN: Motion and second to
2 withdraw.
3 Seeing nobody raising their hand, please
4 open the ballot.
5 (Committee ballot opened.)
6 MR. HOLT: (Votes yea.)
7 MR. JONES: (Votes yea.)
8 MR. BROWN: (Votes yea.)
9 MR. DAVIS: (Votes yea.)
10 DR. GAFFNEY: (Votes yea.)
11 MR. JOOST: (Votes yea.)
12 MR. REDMAN: (Votes yea.)
13 (Committee ballot closed.)
14 THE CHAIRMAN: Close the ballot, record the
15 vote.
16 MR. LAHMEUR: Seven yeas, zero nays.
17 THE CHAIRMAN: By your action, you have
18 withdrawn 2010-29.
19 All right. Page 11 -- all of 11 is read
20 second.
21 Somebody tell me if I'm wrong because my
22 agenda was not matching everybody else's at our
23 agenda meeting.
24 All of 12 -- no. 38, 39 and 40 are read
25 second.
Diane M.
Tropia,
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1 Item 41, 2010-45.
2 MR. JOOST: Move the bill.
3 MR. JONES: Second.
4 THE CHAIRMAN: Motion and second on
5 2010-45.
6 Seeing no speakers, please open the ballot.
7 (Committee ballot opened.)
8 MR. HOLT: (Votes yea.)
9 MR. JONES: (Votes yea.)
10 MR. BROWN: (Votes yea.)
11 MR. DAVIS: (Votes yea.)
12 DR. GAFFNEY: (Votes yea.)
13 MR. JOOST: (Votes yea.)
14 MR. REDMAN: (Votes yea.)
15 (Committee ballot closed.)
16 THE CHAIRMAN: Close the ballot, record the
17 vote.
18 MR. LAHMEUR: Seven yeas, zero nays.
19 THE CHAIRMAN: By your action, you have
20 approved 2010-45.
21 Item 42, 2010-70, is read second.
22 Page 13, items 43 and 44 are read second.
23 Are we ready to go back to your item?
24 (Ms. Rewis approaches the podium.)
25 THE CHAIRMAN: What item was that?
Diane M.
Tropia,
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1 MS. REWIS: It's 2009-751 and --
2 THE CHAIRMAN: -751, page 6, council
3 members.
4 MS. REWIS: It's item number 12. Sorry.
5 THE CHAIRMAN: All right. Did we open and
6 close the public hearing? Where were we on
7 that?
8 MS. LAHMEUR: You tabled it.
9 THE CHAIRMAN: Okay. But we were in the
10 middle of the public hearing, I guess?
11 MS. LAHMEUR: Yes.
12 THE CHAIRMAN: Okay. So we'll, I guess,
13 reopen the public hearing if necessary.
14 Ms. Rewis, how are you doing?
15 MS. REWIS: Hi. Good. How are you?
16 THE CHAIRMAN: Good.
17 MS. REWIS: Staci Rewis, 245
18 Avenue,
19 You have a PUD before you for a --
20 1.1 acres, to rezone a portion of property over
21 off of
22 We have had up-to-the-minute discussions
23 with the neighbors. And we have, we believe,
24 reached a compromise. I just got off the phone
25 with Councilman Webb.
Diane M.
Tropia,
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1 We have one more modification to the PUD
2 written description, which is -- the neighbors
3 have asked if we would remove some more of the
4 additional commercial uses. On page 2 of the
5 PUD, under the permitted uses, uses 2 through 5
6 would be removed, which are the medical and
7 dental offices, professional offices, the
8 neighborhood retail sales and service, and
9 restaurants.
10 Essentially this would leave the PUD with a
11 convenience store, to have the convenience store
12 that's currently existing there to remain. It
13 would also provide for a single-family
14 residential unit in the northern portion of the
15 property limited to only caretakers or a
16 watchperson on the site, essential services, and
17 the parking spaces.
18 We have met with numerous individuals in
19 the Mandarin community. We've gone to the CPAC
20 meeting and we've gone to the Mandarin Community
21 Association meeting. This is -- this will be
22 the fourth revision, so we've worked with the
23 community extensively. We'd appreciate your
24 support as well.
25 THE CHAIRMAN: All right. And you're fine
Diane M.
Tropia,
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1 with all of those.
2 Mr. Crofts, do you have those recorded?
3 MR. CROFTS: I have received a revised
4 written description that was dated today, and I
5 did mark through the conditions. It's a matter
6 of legally what would be suitable, how we
7 reflect those in the conditions of the PUD, but
8 basically those conditions, 2, 3, 4, and 5,
9 would be deleted and it would be the same
10 written description as was dated today,
11 February 2nd, 2010. And I forwarded those to
12 Mr. Reingold.
13 There were three other conditions, and they
14 are pretty standard, basically dealing with the
15 written descrip- -- legal description, revised
16 site plan dated January 15th, and the memo from
17 the Transportation Planning Division -- or
18 actually the Development Services memorandum.
19 So we're fine with the amendment. It's
20 just a matter of the format that's acceptable
21 from the General Counsel's Office.
22 THE CHAIRMAN: Okay. And everyone is clear
23 on the conditions or do you want Mr. Crofts to
24 go over them on the record?
25 MS. REWIS: Well, I -- can we figure out
Diane M.
Tropia,
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1 how we're going to do, legally, the change, the
2 written description? Because it may change the
3 date. I'm not sure about that.
4 THE CHAIRMAN: Okay. Mr. Reingold, do you
5 want to jump in here or figure it out later?
6 MR. REINGOLD: No, I'd actually like to
7 just kind of quickly figure it out here.
8 And I was struggling with the same issue
9 that Staci Rewis and John Crofts have been
10 talking about.
11 Essentially on here what I can do is we'll
12 have it dated the February 2nd written
13 description, that is what today is, and then
14 what we will do is -- I'm just going to modify
15 this written description that's been handed to
16 me and literally just have crossed out 2, 3, 4,
17 and 5, and then change in -- 6 to 7 to 8 will
18 turn into 2, 3, and 4, and then that will be the
19 February 2nd, 2010, written description that
20 will be attached to the bill.
21 Is that acceptable to the Planning
22 Department and to the applicant?
23 MR. CROFTS: (Nods head.)
24 THE CHAIRMAN: We've got a head shake over
25 there from Mr. Crofts.
Diane M.
Tropia,
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1 MR. CROFTS: We're fine.
2 THE CHAIRMAN: Okay. You're fine?
3 MR. CROFTS: Yeah.
4 MS. REWIS: Yes.
5 THE CHAIRMAN: Everybody is fine with that.
6 Any council members need to declare
7 ex-parte while we're in the public hearing?
8 COMMITTEE MEMBERS: (No response.)
9 THE CHAIRMAN: All right.
10 MS. REWIS: Excuse me.
11 THE CHAIRMAN: I'm sorry. Go ahead.
12 MS. REWIS: One more second.
13 I just want to make sure that the PUD
14 conditions are revised to reflect the February
15 2nd written description because I believe what's
16 in front of you has an old written description
17 dated January 26th, and it should be February
18 2nd.
19 MR. CROFTS: (Nods head.)
20 MS. REWIS: Okay. Sorry.
21 MR. REINGOLD: The ordinance will be
22 drafted and amended to reflect a February 2nd,
23 2010, written description.
24 THE CHAIRMAN: Excellent.
25 All right. I'm sure Mr. Webb is concerned
Diane M.
Tropia,
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1 with that too, so . . .
2 Seeing that, we will close the public
3 hearing and we need somebody to move an
4 amendment.
5 MR. JOOST: Move the amendment.
6 DR. GAFFNEY: Second.
7 THE CHAIRMAN: I have a motion and second
8 on the amendment as described.
9 Yes, sir. Mr. Reingold.
10 MR. REINGOLD: I think -- just to clarify,
11 I think the amendment is the revised written
12 description, the revised site plan, and then
13 there's a traffic memorandum?
14 I just --
15 MR. CROFTS: (Nods head.)
16 MR. REINGOLD: I see John Crofts nodding
17 his head up and down.
18 THE CHAIRMAN: Okay. Motion and second on
19 the amendment as described by Mr. Reingold and
20 Mr. Crofts, including the new changes that
21 Ms. Rewis said -- the elimination of those
22 three.
23 All right. All in favor of the amendment
24 signify by --
25 MR. REINGOLD: Four.
Diane M.
Tropia,
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1 THE CHAIRMAN: Elimination of four possible
2 uses.
3 All in favor of the amendment signify by
4 saying aye.
5 COMMITTEE MEMBERS: Aye.
6 THE CHAIRMAN: Any opposed?
7 COMMITTEE MEMBERS: (No response.)
8 THE CHAIRMAN: All right. The amendment
9 passes.
10 I need a motion and a second.
11 MR. JONES: Move the bill as amended.
12 MR. JOOST: Second.
13 THE CHAIRMAN: Motion and a second on the
14 bill as amended.
15 Please open the ballot.
16 (Committee ballot opened.)
17 MR. HOLT: (Votes yea.)
18 MR. JONES: (Votes yea.)
19 MR. BROWN: (Votes yea.)
20 MR. DAVIS: (Votes yea.)
21 DR. GAFFNEY: (Votes yea.)
22 MR. JOOST: (Votes yea.)
23 MR. REDMAN: (Votes yea.)
24 (Committee ballot closed.)
25 THE CHAIRMAN: Close the ballot and record
Diane M.
Tropia,
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1 the vote.
2 MR. LAHMEUR: Seven yeas, zero nay.
3 THE CHAIRMAN: By your action, you have
4 approved 2009-751, with no restaurants.
5 All right. Am I missing anything, folks,
6 or have we covered every item?
7 MR. CROFTS: (Inaudible.)
8 THE CHAIRMAN: We are?
9 Y'all have a good evening.
10 (The above proceedings were adjourned at
11 5:10 p.m.)
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Diane M.
Tropia,
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1 C E R T I F I C A T E
2
3 STATE OF
4 COUNTY OF DUVAL :
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6 I, Diane M. Tropia, certify that I was
7 authorized to and did stenographically report the
8 foregoing proceedings and that the transcript is a
9 true and complete record of my stenographic notes.
10 Dated this 6th day of February, 2010.
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14 Diane M. Tropia
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Diane M.
Tropia,