CITY OF JACKSONVILLE
LAND USE AND ZONING
COMMITTEE
Proceedings held on Wednesday,
September 7, 2011, commencing at 5:00 p.m.,
City Hall, Council Chambers, 1st Floor,
Jacksonville, Florida, before Diane M. Tropia, a
Notary Public in and for the State of Florida at
Large.
PRESENT:
REGINALD BROWN, Chair.
RAY HOLT, Vice Chair.
LORI BOYER, Committee Member.
DOYLE CARTER, Committee Member.
JIM LOVE, Committee Member.
ROBIN LUMB, Committee Member.
DON REDMAN, Committee Member.
ALSO PRESENT:
BILL KILLINGSWORTH, Director, Planning Dept.
SEAN KELLY, Chief, Current Planning.
FOLKS HUXFORD, Zoning Administrator.
KEN AVERY, Planning and Development Dept.
STEPHEN SMITH, Planning and Development Dept.
GARY KRESEL, Planning and Development Dept.
DYLAN REINGOLD, Office of General Counsel.
MERRIANE LAHMEUR, Legislative Assistant.
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1 P R O C E E D I N G S
2 September 7, 2011 5:00 p.m.
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3 THE CHAIRMAN: Good evening.
4 My name is Reginald Brown, chairman for
5 Land Use and Zoning. Today's date is
6 September 7th. The time now is 5 o'clock.
7 We're going to go ahead and start the
8 meeting, if everyone could press their --
9 MS. LAHMEUR: (Inaudible.)
10 THE CHAIRMAN: We don't need to do that.
11 You got everybody.
12 All right. Thank you.
13 All right. Well, let's go ahead and get
14 started.
15 Mr. Dylan.
16 MR. REINGOLD: Would you like to go around
17 the room and have everybody introduce
18 themselves?
19 THE CHAIRMAN: Yes. We'll go ahead and
20 start over there.
21 Mr. Kelly.
22 MR. KRESEL: Gary Kresel, Planning
23 Department.
24 MR. HUXFORD: Folks Huxford, Planning and
25 Development.
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1 MR. AVERY: Ken Avery, Planning and
2 Development.
3 MR. REINGOLD: Dylan Reingold with the
4 Office of General Counsel.
5 C/M BOYER: Lori Boyer, City Council,
6 District 5.
7 C/M REDMAN: Don Redman, City Council,
8 District 4.
9 C/M CARTER: Doyle Carter, District 12.
10 C/M HOLT: Ray Holt. I'm Ken Avery's
11 council member.
12 C/M LOVE: Jim Love, City Council,
13 District 14.
14 C/M LUMB: Robin Lumb, Group 5.
15 THE CHAIRMAN: Okay. Mr. Dylan.
16 MR. REINGOLD: To the Chair, as we
17 discussed in our agenda meeting today, I
18 believe we were going to take an item -- item
19 2011-536 up first. It is on page 7. And I
20 believe Mr. Killingsworth is here for questions
21 and I'm also here for questions. There is a
22 proposed TEU amendment. And, additionally, I
23 believe that Councilmember Boyer may have some
24 questions or comments and certainly would
25 welcome any others from the committee.
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1 THE CHAIRMAN: Okay. Ms. Boyer.
2 C/M BOYER: Thank you.
3 Through the Chair to Mr. Killingsworth --
4 is he here?
5 MR. REINGOLD: Yes.
6 C/M BOYER: There he is.
7 (Mr. Killingsworth approaches the podium.)
8 THE CHAIRMAN: And if you can give your
9 name and address for the record.
10 Thank you.
11 MR. KILLINGSWORTH: Bill Killingsworth,
12 director of Planning and Development.
13 C/M BOYER: Thank you.
14 Mr. Killingsworth, there are a number of
15 exceptions that are considered de minimis.
16 Could you run through those with us -- I
17 believe it's on page 17 -- and just explain why
18 those particular items were selected and what
19 is included in those since those are exclusions
20 from people against whom the mobility fee would
21 be assessed, just so we're familiar with them?
22 MR. KILLINGSWORTH: Sure.
23 Through the Chair to Councilmember Boyer,
24 basically -- I'll run through the list here and
25 kind of synopsize -- I'm not going to read it,
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1 but the first item is basically that if you're
2 going to reuse an existing structure or tear
3 down a structure and put back the same number
4 of square footage and a similar use that
5 generates similar trip traffic, which is the
6 way we've interpreted that, that that is de
7 minimis. There's no net change in trips, and
8 so that is a de minimis use.
9 The other is a type of development that
10 creates no trip traffic. So if there's an
11 industrial property and they put up a cover or
12 something like that, but they're not adding
13 additional square footage, they're just
14 covering -- building a cover for their
15 containers or something like that, that doesn't
16 generate additional trip generation and so
17 that's considered de minimis.
18 All public facilities for health and
19 safety are considered de minimis, so that's
20 fire, police, things like that. Religious
21 sanctuaries are considered de minimis.
22 And I think that is the list of de minimis
23 items.
24 C/M BOYER: There's also --
25 MR. KILLINGSWORTH: Well, there's also the
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1 outside retail sales for holiday items. Sorry.
2 C/M BOYER: And I might bring to the
3 attention of the committee a conversation I
4 just had with Mr. Reingold and
5 Mr. Killingsworth. Since we are exempting
6 permits for outside retail sales of holiday
7 items, that means we are not exempting outside
8 retail sales that might go on year round, like,
9 for example, landscape material in a parking
10 lot or something else. It's only the holiday
11 items that are exempt. And it makes sense in
12 the sense that the others would generate
13 regular transportation issues or traffic, so
14 that -- that seemed to be rational.
15 I have a question with respect to the
16 public facilities paragraph. It appears in my
17 copy -- and maybe this is a Mr. Reingold
18 question -- that it now exempts facilities for
19 the protection of the health and safety but not
20 general welfare and that it used to exempt
21 facilities for general welfare, and could
22 somebody explain to me the thinking about
23 what's the difference and why we're changing
24 it?
25 MR. KILLINGSWORTH: Sure.
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1 The discussion was talked about a lot at
2 the task force meeting, and so those uses that
3 produce trips that are not for public safety
4 purposes, like a library or tennis courts or
5 things like that, put trips on the road. And
6 so when the City is planning new facilities,
7 they should plan for the impacts and the cost
8 of those impacts as part of generating that new
9 facility, whereas in strict public safety
10 things, like a fire department or a police
11 station or something like that, they felt that
12 use overrode the trip generation that might be
13 generated by the use.
14 C/M BOYER: And so then they would be
15 charged a mobility fee which essentially would
16 just -- the City would be, which would
17 essentially be just built into the capital cost
18 of constructing whatever that new facility
19 would be; is that the thinking --
20 MR. KILLINGSWORTH: That's correct.
21 And then the fee would go into the
22 appropriate zone, just like any other fee.
23 C/M BOYER: Thank you.
24 And then I had one technical comment that
25 I had discussed with Mr. Reingold earlier
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1 regarding previously vested rights and a
2 section referenced, which -- I don't know if I
3 need to do that by a separate amendment or if,
4 when we do the TEU amendment, we can just roll
5 that into that somehow?
6 MR. REINGOLD: Through the Chair to
7 Councilmember Boyer, essentially what we had
8 discussed was that there needed to be a
9 clarification that the substantial deviation
10 criteria or percentage applied to changes in
11 transportation impacts as well as the other
12 impacts, and that just, as an LUZ amendment,
13 could be incorporating the TEU amendment to
14 include a reference to the substantial
15 deviation criteria, including transportation
16 impacts.
17 C/M BOYER: Thank you.
18 And at the appropriate time, I will make
19 that amendment.
20 THE CHAIRMAN: Okay. Thank you.
21 Mr. Holt.
22 C/M HOLT: Thank you, Mr. Chair.
23 Mr. Killingsworth, the number 4 TEU
24 amendment says, "Developer is required to
25 resolve outstanding obligations and development
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1 agreements." Is this to address issues like
2 the Duval Road agreements? You know the issue
3 that I'm talking about?
4 MR. KILLINGSWORTH: Well, that's
5 investment -- the investment -- it might
6 address that issue, but it's more in line of
7 issues where somebody might have an
8 outstanding -- because of the economic
9 situation right now, there are a number of
10 development agreements that are in arrears in
11 terms of meeting their performance schedule,
12 and generally the performance schedule is a
13 payment to keep those reserved trips alive.
14 The process to vacate those development
15 agreements if they're not meeting the
16 performance standards that they agreed to is
17 onerous. We have to put in a -- an ad in the
18 paper, hold public hearings, go through
19 essentially the whole process that we did to
20 create it. So the City hasn't really been
21 pursuing that.
22 So the idea behind this amendment is
23 either they bring it up to date and then they
24 can proceed with the mobility fee and hold onto
25 that portion of the development agreement if
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1 they want to or whoever holds the development
2 agreement goes through the process of vacating
3 it so that the City doesn't have to absorb the
4 cost of abandoning that contract, and then they
5 can come in through the mobility fee.
6 We just didn't want development agreements
7 that were sitting out there, that weren't
8 performing, forever essentially.
9 C/M HOLT: Right. I'm trying to wrap my
10 brain around that because it's very complicated
11 when you've got people who own a certificate
12 basically and then surrounding land holders
13 would now benefit from this new mobility fee,
14 but it then puts that person who has the
15 certificate in a position where they can't
16 complete the project that they --
17 MR. KILLINGSWORTH: Well, in terms of -- I
18 believe you're talking about Duval Station.
19 Yeah, the mobility -- I think it's the
20 way -- and, you know, I'll defer to -- we
21 actually have T.R. in the audience here and he
22 is the agent for that --
23 C/M HOLT: T.R. is --
24 MR. KILLINGSWORTH: -- particular fair
25 share.
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1 C/M HOLT: T.R. is familiar with that.
2 T.R., could you come up, please?
3 MR. KILLINGSWORTH: But the way I believe
4 it's structured is the mobility fee would --
5 any fees collected would go to recoup the cost
6 borne by the --
7 C/M HOLT: But in many cases the new
8 mobility fee is less than the -- the old fair
9 share.
10 MR. KILLINGSWORTH: Yeah, but I believe a
11 substantial amount of the fee has already been
12 paid through fair shares.
13 C/M HOLT: Okay.
14 (Mr. Hainline approaches the podium.)
15 C/M HOLT: Okay. Can I get your insight
16 on it, T.R.? Because you know the situation --
17 MR. HAINLINE: T.R. Hainline, 1301
18 Riverplace Boulevard.
19 This provision, this amendment that
20 addresses outstanding obligations under
21 development agreements, it's my understanding
22 that that's directed at a very specific thing,
23 which is that -- there are a number of
24 agreements out there that during the recession
25 people have fallen behind in their annual
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1 payments. You have to make annual payments to
2 keep these development agreements valid. And
3 during the recession people have fallen behind.
4 To its credit, the City has been tolerant
5 of that and has said, okay, we're going to let
6 you fall behind, but, you know, we're not
7 letting you off the hook. When it does come
8 time to develop, you need to come current on
9 those payments. And at least none of my
10 clients have resisted that and they've been
11 appreciative of the City's tolerance during
12 this recession.
13 So that's a very different thing than
14 development agreements, of which there are
15 many. Duval Road is only one. That's a very
16 different thing than development agreements
17 which have a whole bunch of obligations
18 stretched out over a long period of time that
19 have nothing to do with these annual fees or
20 that kind of thing.
21 So, I mean, my read of that provision is
22 that it's targeted to a very specific thing. I
23 mean, I would look to Dylan and Bill maybe to
24 clarify that, but -- but in terms of your
25 question with regard to an agreement like the
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1 Duval Road agreement, there are a whole host of
2 provisions in the mobility fee that say to
3 people who have either development agreements
4 or fair shares, you could either do what you're
5 doing now, which is a good thing, and stay
6 under the agreement you have now, or if you
7 want, you can go under the mobility fee, and
8 that's your choice. Whichever is -- whichever
9 benefits you, whichever works for you, that's
10 your choice.
11 So I do not see this -- I certainly do not
12 see the mobility fee as -- as having directly
13 negative consequences on those people. Now, it
14 does -- it does have the consequence that the
15 source of funds that they had and that they
16 were counting on has been diminished somewhat,
17 but there's no avoiding that. I mean -- and I
18 know that -- at least in -- as it relates to
19 that applicant, you know, he -- he's okay with
20 that, but there's no avoiding that. We're
21 going from a system where some people paid a
22 lot to a system where everybody pays less, but
23 the total amount of money, you know, is
24 generally the same, so --
25 The other thing that the mobility fee does
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1 is it -- is it takes people who have built
2 roads and accumulated credits and it allows
3 them to use those credits against mobility fees
4 and it does so from mobility fees that are
5 generated within their mobility zone, a pretty
6 broad area. So in that respect, it attempts to
7 make them whole, I guess, is what I'm -- in
8 getting to your question. I know this may be
9 kind of confusing, but --
10 You know, as to this specific amendment, I
11 don't think it's addressed at the broader issue
12 of development agreements and fair shares. I
13 think it's targeted at those development fees,
14 people falling behind, but I certainly would
15 look to Bill and Dylan to clarify.
16 C/M HOLT: Right. And there's really not
17 much that we can do to change the situations,
18 such as Duval Road. We're just going to --
19 overall very happy with the new mobility fee
20 system and look forward to supporting it, but
21 just wanted to get some clarification.
22 Thank you.
23 MR. HAINLINE: Sure. Thank you.
24 THE CHAIRMAN: Are you done?
25 MR. KILLINGSWORTH: Any other questions,
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1 I'll be happy to answer them.
2 THE CHAIRMAN: I don't have any questions.
3 I don't have any on the queue.
4 Being that I have no other questions, do I
5 have a --
6 C/M HOLT: Move the amendment.
7 C/M CARTER: Second.
8 THE CHAIRMAN: Okay. I have a motion by
9 Mr. Holt, second by Mr. Carter on the
10 amendment.
11 Do we have any discussion?
12 MR. REINGOLD: (Indicating.)
13 THE CHAIRMAN: I'm sorry. Mr. Reingold.
14 MR. REINGOLD: I'm going to just ask the
15 committee, was this amendment including the
16 technical amendment that Councilmember Boyer
17 included or was this just the TEU amendment?
18 THE CHAIRMAN: Well, what I was going to
19 do was the TEU amendment and then do the LUZ,
20 make it separate.
21 So this is for the TEU amendment. We have
22 a motion and a second on the amendment.
23 Seeing no discussion, all in favor, say
24 yea.
25 COMMITTEE MEMBERS: Yea.
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1 THE CHAIRMAN: Any opposed, say nay.
2 COMMITTEE MEMBERS: (No response.)
3 THE CHAIRMAN: The amendment passes.
4 Can I have a motion -- sorry --
5 C/M BOYER: I'd like to make a motion to
6 include the technical amendment that
7 Mr. Reingold described earlier.
8 C/M LOVE: Second.
9 THE CHAIRMAN: Okay. Mr. Reingold, you
10 want to clarify that?
11 MR. REINGOLD: Absolutely.
12 Councilmember Boyer just made a motion to
13 include a technical amendment which will be
14 wrapped up into what will be the LUZ amendment,
15 which includes the TEU amendment, which
16 essentially will -- when analyzing VPACs and
17 substantial deviations of them, that there will
18 be an analysis of the transportation
19 modification as well as all the other public
20 facilities.
21 THE CHAIRMAN: Okay. So I have a motion
22 by Ms. Boyer, second by Mr. Love on the LUZ
23 amendment.
24 Do we have any discussions?
25 COMMITTEE MEMBERS: (No response.)
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1 THE CHAIRMAN: Seeing no discussion, all
2 in favor of the amendment, say yea.
3 COMMITTEE MEMBERS: Yea.
4 THE CHAIRMAN: All opposed of the
5 amendment, say nay.
6 COMMITTEE MEMBERS: (No response.)
7 THE CHAIRMAN: The amendment passes.
8 Now we're going to move the bill --
9 C/M HOLT: (Inaudible.)
10 THE CHAIRMAN: -- as amended twice.
11 MR. REINGOLD: Just once.
12 THE CHAIRMAN: Just one time?
13 Okay. As amended once.
14 I have a motion by Mr. Holt, second by
15 Ms. Boyer?
16 C/M BOYER: (Nods head.)
17 THE CHAIRMAN: We have that on the record.
18 Okay. Any discussions?
19 COMMITTEE MEMBERS: (No response.)
20 THE CHAIRMAN: Seeing no discussions, open
21 the ballot and record the vote.
22 (Committee ballot opened.)
23 C/M BROWN: (Votes yea.)
24 C/M HOLT: (Votes yea.)
25 C/M BOYER: (Votes yea.)
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1 C/M CARTER: (Votes yea.)
2 C/M LOVE: (Votes yea.)
3 C/M LUMB: (Votes yea.)
4 C/M REDMAN: (Votes Yea.)
5 (Committee ballot closed.)
6 MS. LAHMEUR: Seven yeas, zero nay.
7 THE CHAIRMAN: Okay. By your actions, you
8 have approved 2011-536.
9 Let's go to page 2. Item number 1,
10 2011-341, is deferred.
11 2011-363. Going to open the public
12 hearing and continue till October 18th, 2011,
13 with no actions.
14 Item 2011-443. Do I have a motion?
15 C/M HOLT: Move the amendment.
16 THE CHAIRMAN: Okay. I have a motion by
17 Mr. Holt, second by --
18 C/M REDMAN: Second.
19 THE CHAIRMAN: -- Mr. Redman to move the
20 amendment.
21 Before we do that, if we can just get for
22 the record the two --
23 MR. REINGOLD: Absolutely.
24 To the Chair, there were just some
25 technical changes to the bill. And then
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1 second off is that there was going to be an
2 hours of operation limitation that affected
3 Ocean Street such that there could be not -- no
4 on-street bars, cafes and the like before
5 9 p.m.
6 THE CHAIRMAN: All right. Thank you.
7 Okay. Seeing no discussions, we've moved
8 the amendment, now it's time to move the bill.
9 MR. REINGOLD: No.
10 THE CHAIRMAN: I'm sorry?
11 C/M HOLT: (Inaudible.)
12 THE CHAIRMAN: We have not moved the
13 amendment.
14 Okay. Sorry.
15 C/M LUMB: Can we have -- I was getting
16 ready to -- you said there was no discussion.
17 THE CHAIRMAN: You have -- okay.
18 Go ahead.
19 C/M LUMB: So I'm absolutely clear on
20 this, this strictly affects their ability to
21 serve or to open or operate sidewalk cafes
22 where they can serve food and liquor and/or
23 liquor on City-owned property? They still can
24 operate their bars, their establishments?
25 MR. REINGOLD: (Nods head.)
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1 C/M LUMB: So this is -- this is going
2 forward in the belief -- possibly good-faith
3 belief that this outdoor activity creates a
4 level of vibrancy that's important to bringing
5 back downtown?
6 MR. REINGOLD: That is absolutely correct,
7 sir.
8 C/M LUMB: Are there any vibrancy studies
9 out there? I'll take their word -- this seems
10 to have been worked out. I'm just -- I'm just
11 struck by the fact that the real discussion
12 here is on the use of City property for outdoor
13 cafes at certain hours when, in fact, they can
14 do whatever they want whenever they want based
15 upon the liquor license they -- they own, they
16 just can't do it outdoors?
17 MR. REINGOLD: (Nods head.)
18 C/M LUMB: All right. Thank you.
19 THE CHAIRMAN: All right. Mr. Redman.
20 C/M REDMAN: Thank you, Mr. Chairman.
21 This is an agreement that I came up with
22 with the -- agreed to limit the hours on one
23 street, but this still holds to the ordinance
24 that there has to be so much space -- enough
25 space -- and I forget what the footage is --
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1 for pedestrian, bicycle traffic on the
2 sidewalk, and I was assured that that would be
3 enforced.
4 Thank you.
5 THE CHAIRMAN: Okay. I have no other
6 questions.
7 All in favor of the amendment, say yea.
8 COMMITTEE MEMBERS: Yea.
9 THE CHAIRMAN: All opposed, say nay.
10 COMMITTEE MEMBERS: (No response.)
11 THE CHAIRMAN: The amendment passes.
12 Do I have a motion?
13 C/M HOLT: Move the bill.
14 C/M LOVE: Second.
15 THE CHAIRMAN: Okay. I have a motion by
16 Mr. Holt, second by Mr. Love as the bill is
17 amended.
18 Any discussions?
19 COMMITTEE MEMBERS: (No response.)
20 THE CHAIRMAN: Seeing no discussions, open
21 the ballot, record your vote.
22 (Committee ballot opened.)
23 C/M BROWN: (Votes yea.)
24 C/M HOLT: (Votes yea.)
25 C/M BOYER: (Votes yea.)
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1 C/M CARTER: (Votes nay.)
2 C/M LOVE: (Votes yea.)
3 C/M LUMB: (Votes yea.)
4 C/M REDMAN: (Votes Yea.)
5 (Committee ballot closed.)
6 MS. LAHMEUR: Six yea, one nay.
7 THE CHAIRMAN: Okay. 2011-443 passes.
8 Let's go to page 3. Mr. Dylan.
9 MR. REINGOLD: To the Chair, as we
10 discussed at our agenda meeting, the next
11 several items are all City-sponsored land use
12 bills and their companion rezonings, all of
13 which are City-owned property going from some
14 form of land use district or designation to CSV
15 and, similarly, from some sort of zoning
16 district to CSV.
17 Were there any speaker cards on any of
18 these items?
19 MS. LAHMEUR: No.
20 THE CHAIRMAN: I am seeing Merriane
21 shaking her head no.
22 At this time, it would -- since there are
23 no -- there's no one here to speak on any of
24 these items, do you just want to hear kind of
25 an abbreviated report from the Planning
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1 Department?
2 THE CHAIRMAN: That's correct, Mr. Dylan.
3 MR. REINGOLD: Okay. I just wanted to
4 confirm that.
5 THE CHAIRMAN: Mr. Kresel.
6 MR. KRESEL: If it pleases the committee,
7 I will indicate the ordinance number and both
8 the land -- the proposed land use change and
9 the accompanying rezoning. Stop at any -- stop
10 me at any time if there are any questions.
11 Starting with ordinance 2011-502, the
12 request is to take the land use from the
13 current AGR-4 category to Conservation. The
14 accompanying rezoning is to go from Agriculture
15 to Conservation.
16 Ordinance 2011-504 and its accompanying
17 rezoning, -505, in this case, the current land
18 use is Low Density Residential and the proposed
19 land use is Conservation. The accompanying
20 rezoning is currently Rural Residential Acre
21 and Low Density Residential 60 to Conservation.
22 Ordinance 2011-506 and -507, the land use
23 request is going from Rural Residential to
24 Conservation. The accompanying rezoning is
25 Rural Residential Acre to Conservation.
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1 Ordinance 2011-508 and the accompanying
2 -509, the land use change is going from
3 Agriculture 2 and Agriculture 4 to
4 Conservation. The accompanying rezoning is
5 Agriculture and Public Buildings and
6 Facilities 1 to Conservation.
7 And the last of these --
8 THE CHAIRMAN: (Inaudible.)
9 MR. KRESEL: I'm sorry.
10 THE CHAIRMAN: No, go ahead, please.
11 MR. KRESEL: Ordinance 2011-510 and the
12 accompanying -511, the land use change is from
13 Low Density Residential, Medium Density
14 Residential, and Residential-Professional-
15 Institutional to Conservation. The
16 accompanying rezoning is from Planned Unit
17 Development to Conservation.
18 And that is the end of the land use and
19 accompanying rezonings.
20 THE CHAIRMAN: Okay. Mr. Carter.
21 C/M CARTER: Just -- when we go from them
22 to Conservation, is there -- like, you know, we
23 have to get -- sometimes we have to swap
24 wetland issues and stuff like that. Is that --
25 is that a whim, that -- where we get -- that we
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1 can get wetland mitigation by swapping it out
2 of this zoning and another zoning? Is that
3 a -- is that a legitimate question?
4 MR. KRESEL: It's possible that -- should
5 we see any other development in the future,
6 that we could look at -- excuse me -- the
7 wetlands that are on these City-owned
8 properties, but as part of this -- these
9 changes, there was no intent to identify the
10 wetlands for future swaps or development
11 potential, but it's something we can certainly
12 look at in the future and I'll so note it.
13 C/M LUMB: Mr. Chairman.
14 THE CHAIRMAN: Okay. Mr. Lumb.
15 C/M LUMB: When we're talking about
16 conservation land, does -- does this land
17 permanently lie fallow as it were or are we
18 allowed to develop this as parks or for any
19 recreation purpose or -- or what is the
20 limitation that the City is operating under
21 once we accept this as conservation land?
22 MR. KRESEL: As conservation land, it's
23 very limited to development. It can be
24 utilized for passive recreation and limited
25 recreation opportunities. The intent, though,
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1 is to keep development very, very limited.
2 C/M LUMB: When you say "passive," we
3 could create paths and walkways and picnic
4 areas or -- how far could we go in developing
5 this as recreational?
6 MR. KRESEL: One second. Let me just
7 double-check that so I can answer your question
8 properly.
9 MR. HUXFORD: Through the Chair, I would
10 just list off the uses that are allowed under
11 the Conservation zoning district: Regional,
12 state or national forest parks; sanctuaries or
13 preserves; special management areas; public or
14 private wildlife management areas; valuable
15 environmental resources, such as sensitive
16 vegetation, high-valued habitat, wetlands and
17 the like; and essential services. It's pretty
18 much limited to that.
19 As far as, like, a regional park or
20 something like that, probably the more
21 appropriate zoning district would be Recreation
22 and Open Space.
23 C/M LUMB: So all those categories you
24 mentioned, I mean, that's -- that's about as
25 passive as you can get, sanctuaries and
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1 preservation zones, and -- so basically this
2 land -- I mean, the entire purpose here is to
3 create conservation land, but there's very
4 little the City can do with it?
5 MR. HUXFORD: That's correct.
6 The intent would be to leave it in a
7 passive, natural state as best as possible.
8 C/M LUMB: All right. Thank you.
9 THE CHAIRMAN: Okay. Councilman Holt.
10 C/M HOLT: Through the chair to Councilman
11 Lumb, I just wanted to say that there are
12 conservation parks all over that -- we have
13 bicycle trails and walking trails. That's
14 conservation land. Even have some bathroom
15 facilities and things like that. So these
16 properties, if you're not making wetland
17 impacts, would be great for that.
18 THE CHAIRMAN: Okay. Ms. Boyer.
19 C/M BOYER: Thank you.
20 Through the Chair to the staff, on my
21 agenda for 2011-511, it does not refer to PUD,
22 but I think you said PUD. Can you just verify
23 which is the correct -- on the rezoning on
24 -511? The agenda says RPI, LDR, and MDR, which
25 I think are land uses. So is it actually PUD
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1 to CSV?
2 MR. HUXFORD: Through the Chair, you are
3 correct. That's an error on the agenda. In
4 fact, this is an ordinance to rezone the
5 property from Planned Unit Development,
6 pursuant to ordinance 1988-1241, to
7 Conservation.
8 THE CHAIRMAN: Mr. Dylan, do we need to
9 make a --
10 MR. REINGOLD: I'm just checking the bill
11 right now, but it should have referenced a PUD
12 and I recall doing so. But, if you want, I can
13 just take a moment to look at that.
14 Merriane confirmed it. It actually says
15 "PUD" on the ordinance itself, so no amendment
16 is necessary.
17 THE CHAIRMAN: All right. Thank you.
18 Okay. We don't have any other questions.
19 Let's go ahead and start with 2011- --
20 Mr. Dylan.
21 MR. REINGOLD: Did you just want to open
22 the public hearing and then acknowledge -- no
23 one here, close the public hearing, then we can
24 run through them all?
25 THE CHAIRMAN: Okay. Make sure that I
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1 understand. We're going to open the public
2 hearing, run through them all, and then close
3 the public hearing?
4 MR. REINGOLD: Well, what we could do is
5 just -- and I'll do -- the public hearing is
6 open on these items. Is there anyone in the
7 audience who wants to speak on these bills?
8 AUDIENCE MEMBERS: (No response.)
9 MR. REINGOLD: All right. Seeing none,
10 you can close the public hearing and now you
11 can run through them all.
12 THE CHAIRMAN: Okay. That's fine.
13 Okay. 2011-502.
14 C/M HOLT: Move the bill.
15 THE CHAIRMAN: Okay. We have a motion --
16 C/M BOYER: Second.
17 THE CHAIRMAN: -- by Mr. Holt, second by
18 Ms. Boyer to move the bill.
19 On the bill, any discussion?
20 COMMITTEE MEMBERS: (No response.)
21 THE CHAIRMAN: Seeing no discussion, open
22 the ballot.
23 (Committee ballot opened.)
24 C/M BROWN: (Votes yea.)
25 C/M HOLT: (Votes yea.)
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1 C/M BOYER: (Votes yea.)
2 C/M CARTER: (Votes yea.)
3 C/M LOVE: (Votes yea.)
4 C/M LUMB: (Votes yea.)
5 C/M REDMAN: (Votes Yea.)
6 (Committee ballot closed.)
7 MS. LAHMEUR: Seven yeas, zero nays.
8 THE CHAIRMAN: 2011-502 has been approved.
9 Okay. Let's move to 2011-503.
10 C/M HOLT: Move the bill.
11 C/M BOYER: Second.
12 THE CHAIRMAN: Okay. We have it moved by
13 Mr. Holt, seconded by Ms. Boyer. We'll just
14 keep that consistent.
15 Do we have any discussion?
16 COMMITTEE MEMBERS: (No response.)
17 THE CHAIRMAN: Seeing no discussion, open
18 the ballot, record your vote.
19 (Committee ballot opened.)
20 C/M BROWN: (Votes yea.)
21 C/M HOLT: (Votes yea.)
22 C/M BOYER: (Votes yea.)
23 C/M CARTER: (Votes yea.)
24 C/M LOVE: (Votes yea.)
25 C/M LUMB: (Votes yea.)
Diane M. Tropia, Inc., P.O. Box 2375, Jacksonville, FL 32203
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1 C/M REDMAN: (Votes Yea.)
2 (Committee ballot closed.)
3 MS. LAHMEUR: Seven yeas, zero nay.
4 THE CHAIRMAN: Okay. 2011-503 has been
5 approved by your actions.
6 Okay. 2011-504. Do I have a motion?
7 C/M LOVE: Move the bill.
8 C/M BOYER: Second.
9 THE CHAIRMAN: Okay. Motion by Mr. Love,
10 second by Ms. Boyer.
11 Any discussion?
12 COMMITTEE MEMBERS: (No response.)
13 THE CHAIRMAN: Seeing no discussion, open
14 the ballot, record the vote.
15 (Committee ballot opened.)
16 C/M BROWN: (Votes yea.)
17 C/M HOLT: (Votes yea.)
18 C/M BOYER: (Votes yea.)
19 C/M CARTER: (Votes yea.)
20 C/M LOVE: (Votes yea.)
21 C/M LUMB: (Votes yea.)
22 C/M REDMAN: (Votes Yea.)
23 (Committee ballot closed.)
24 MS. LAHMEUR: Seven yeas, zero nay.
25 THE CHAIRMAN: Okay. By your actions,
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1 2011-504 has been approved.
2 2011-505.
3 C/M REDMAN: Move the bill.
4 C/M HOLT: Second.
5 THE CHAIRMAN: Okay. Moved by Mr. Redman,
6 second by Mr. Holt.
7 Seeing no discussion, open the ballot,
8 record your vote.
9 (Committee ballot opened.)
10 C/M BROWN: (Votes yea.)
11 C/M HOLT: (Votes yea.)
12 C/M BOYER: (Votes yea.)
13 C/M CARTER: (Votes yea.)
14 C/M LOVE: (Votes yea.)
15 C/M LUMB: (Votes yea.)
16 C/M REDMAN: (Votes Yea.)
17 (Committee ballot closed.)
18 MS. LAHMEUR: Seven yeas, zero nay.
19 THE CHAIRMAN: By your actions, 2011-505
20 has been approved.
21 Let's go to page 4. 2011-506.
22 C/M HOLT: Move it.
23 C/M REDMAN: Second.
24 THE CHAIRMAN: Moved by Mr. Holt, second
25 by Mr. Redman.
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1 Any discussions?
2 COMMITTEE MEMBERS: (No response.)
3 THE CHAIRMAN: Seeing no discussions, open
4 the ballot, record your vote.
5 (Committee ballot opened.)
6 C/M BROWN: (Votes yea.)
7 C/M HOLT: (Votes yea.)
8 C/M BOYER: (Votes yea.)
9 C/M CARTER: (Votes yea.)
10 C/M LOVE: (Votes yea.)
11 C/M LUMB: (Votes yea.)
12 C/M REDMAN: (Votes Yea.)
13 (Committee ballot closed.)
14 MS. LAHMEUR: Seven yeas, zero nay.
15 THE CHAIRMAN: By your actions, 2011-506
16 has been approved.
17 C/M CARTER: (Indicating.)
18 THE CHAIRMAN: Yes, sir. Mr. Carter.
19 C/M CARTER: Now, that -- that -505 and
20 -504 wasn't on these ones that we was doing on
21 the -- on the conservation, correct? So did we
22 clarify that we have any public hearings on
23 these two guys? We have -- ex-parte was never
24 talked about either as we done these.
25 MR. REINGOLD: Through the Chair to
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1 Councilmember Carter, -504 and -505 actually
2 were a companion set going to CSV. They were
3 just in Councilmember Love's district, if I
4 recall correct.
5 Second off, you're absolutely right,
6 Councilmember Carter. If someone's had an
7 ex-parte communication with an applicant or
8 someone from the citizens, they should
9 absolutely disclose them where it says
10 "quasi-judicial."
11 THE CHAIRMAN: So do we have any --
12 C/M CARTER: (Shakes head.)
13 THE CHAIRMAN: Okay. We're now on -507.
14 C/M REDMAN: Move it.
15 C/M LOVE: Second.
16 THE CHAIRMAN: Okay. I have a motion by
17 Mr. Redman, second by Mr. Love.
18 Any discussions?
19 COMMITTEE MEMBERS: (No response.)
20 THE CHAIRMAN: Seeing no discussions, open
21 the ballot, record your vote.
22 (Committee ballot opened.)
23 C/M BROWN: (Votes yea.)
24 C/M HOLT: (Votes yea.)
25 C/M BOYER: (Votes yea.)
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1 C/M CARTER: (Votes yea.)
2 C/M LOVE: (Votes yea.)
3 C/M LUMB: (Votes yea.)
4 C/M REDMAN: (Votes Yea.)
5 (Committee ballot closed.)
6 MS. LAHMEUR: Seven yeas, zero nay.
7 THE CHAIRMAN: Okay. By your actions,
8 2011-507 has been approved.
9 2011-508.
10 C/M HOLT: Move it.
11 C/M REDMAN: Second.
12 THE CHAIRMAN: Moved by Mr. Holt, second
13 by Mr. Redman.
14 Any discussions?
15 COMMITTEE MEMBERS: (No response.)
16 THE CHAIRMAN: Seeing no discussions, open
17 the ballot, record your vote.
18 (Committee ballot opened.)
19 C/M BROWN: (Votes yea.)
20 C/M HOLT: (Votes yea.)
21 C/M BOYER: (Votes yea.)
22 C/M CARTER: (Votes yea.)
23 C/M LOVE: (Votes yea.)
24 C/M LUMB: (Votes yea.)
25 C/M REDMAN: (Votes Yea.)
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1 (Committee ballot closed.)
2 MS. LAHMEUR: Seven yeas, zero nay.
3 THE CHAIRMAN: By your actions, 2011-508
4 has been approved.
5 2011-509.
6 C/M HOLT: Move it.
7 C/M REDMAN: Second.
8 THE CHAIRMAN: Moved by Mr. Holt, second
9 by Mr. Redman.
10 Do I have any discussions?
11 COMMITTEE MEMBERS: (No response.)
12 THE CHAIRMAN: Seeing no discussions, open
13 the ballot.
14 (Committee ballot opened.)
15 C/M BROWN: (Votes yea.)
16 C/M HOLT: (Votes yea.)
17 C/M BOYER: (Votes yea.)
18 C/M CARTER: (Votes yea.)
19 C/M LOVE: (Votes yea.)
20 C/M LUMB: (Votes yea.)
21 C/M REDMAN: (Votes Yea.)
22 (Committee ballot closed.)
23 MS. LAHMEUR: Seven yeas, zero nay.
24 THE CHAIRMAN: Okay. By your actions, you
25 have approved 2011-509.
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1 At the top of the page, page 5, 2011-510.
2 C/M BOYER: Move the bill.
3 C/M REDMAN: Second.
4 THE CHAIRMAN: Okay. Moved by Ms. Boyer,
5 second by Mr. Redman.
6 Do I have any discussions?
7 COMMITTEE MEMBERS: (No response.)
8 THE CHAIRMAN: Seeing no discussions, open
9 the ballot, record your vote.
10 (Committee ballot opened.)
11 C/M BROWN: (Votes yea.)
12 C/M HOLT: (Votes yea.)
13 C/M BOYER: (Votes yea.)
14 C/M CARTER: (Votes yea.)
15 C/M LOVE: (Votes yea.)
16 C/M LUMB: (Votes yea.)
17 C/M REDMAN: (Votes Yea.)
18 (Committee ballot closed.)
19 MS. LAHMEUR: Seven yeas, zero nay.
20 THE CHAIRMAN: By your actions, you have
21 approved 2011-510.
22 2011-511.
23 C/M HOLT: Move the bill.
24 C/M REDMAN: Second.
25 THE CHAIRMAN: Moved by Mr. Holt, second
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1 by Mr. Redman.
2 Any discussions?
3 COMMITTEE MEMBERS: (No response.)
4 THE CHAIRMAN: Seeing no discussions, open
5 the ballot, record your vote.
6 (Committee ballot opened.)
7 C/M BROWN: (Votes yea.)
8 C/M HOLT: (Votes yea.)
9 C/M BOYER: (Votes yea.)
10 C/M CARTER: (Votes yea.)
11 C/M LOVE: (Votes yea.)
12 C/M LUMB: (Votes yea.)
13 C/M REDMAN: (Votes Yea.)
14 (Committee ballot closed.)
15 MS. LAHMEUR: Seven yeas, zero nay.
16 THE CHAIRMAN: By your actions, you have
17 approved 2011-511.
18 Okay. 2011-512.
19 C/M HOLT: Move the bill.
20 C/M REDMAN: Second.
21 THE CHAIRMAN: Moved by Mr. Holt, second
22 by Mr. Redman.
23 MR. KRESEL: Mr. Chairman.
24 THE CHAIRMAN: I'm sorry. I'm moving too
25 fast?
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1 MR. KRESEL: We've kind of changed
2 directions here, though. The next four
3 amendments deal with the text of the
4 comprehensive plan. The previous ones that we
5 just went through were map changes.
6 THE CHAIRMAN: Okay.
7 MR. KRESEL: They're basically some
8 housekeeping purposes for the Planning
9 Department, and I will be brief and try to
10 explain them as quickly and as clearly as
11 possible.
12 THE CHAIRMAN: Mr. Kresel, go ahead.
13 Thank you.
14 MR. KRESEL: Ordinance 2011-512, there is
15 language currently in the public schools and
16 facilities element of the comp plan that makes
17 reference to transportation concurrency. The
18 City has now adopted the mobility plan;
19 therefore, we're asking to take out language
20 that refers to concurrency in that element, and
21 that is the nature of the change.
22 THE CHAIRMAN: Okay. Mr. Dylan.
23 MR. REINGOLD: To the Chair, are there any
24 speaker cards for items -512, -514, -515 or
25 -516?
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1 THE CHAIRMAN: No, there's not.
2 MR. REINGOLD: Well, why don't we open
3 those public hearings and, seeing no speakers,
4 close those public hearings, and that way we
5 don't have to worry about doing that process
6 through these next four bills.
7 THE CHAIRMAN: Yes, Mr. Dylan.
8 Okay. I had a motion by Mr. Holt, second
9 by Mr. Redman on 2011-512.
10 Do we have any discussion?
11 COMMITTEE MEMBERS: (No response.)
12 THE CHAIRMAN: Seeing no discussion, open
13 the ballot, record your vote.
14 (Committee ballot opened.)
15 C/M BROWN: (Votes yea.)
16 C/M HOLT: (Votes yea.)
17 C/M BOYER: (Votes yea.)
18 C/M CARTER: (Votes yea.)
19 C/M LOVE: (Votes yea.)
20 C/M LUMB: (Votes yea.)
21 C/M REDMAN: (Votes Yea.)
22 (Committee ballot closed.)
23 MS. LAHMEUR: Seven yeas, zero nay.
24 THE CHAIRMAN: By your actions, 2011-512
25 has been approved.
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1 2011-514.
2 MR. KRESEL: Ordinance 2011-514. The
3 Department is proposing to add some additional
4 language, a requirement in rural villages, that
5 they show -- excuse me -- that the development
6 will generate -- at least 15 percent of the
7 traffic that is originated from the project
8 would be within the project itself as opposed
9 to going off the parcel.
10 And that's the nature of that request,
11 sir.
12 THE CHAIRMAN: Okay. I have questions.
13 Councilmember Boyer and then
14 Councilman Holt.
15 C/M BOYER: Thank you.
16 Through the Chair to staff, I noticed that
17 this particular provision uses p.m. peak hour
18 measurement, and I remember in our discussion
19 of the mobility plan the other day we discussed
20 that we were going away from p.m. peak hour
21 measurement. Can you explain to me the
22 rationale for why we have something different
23 here than what we're doing in the mobility
24 plan?
25 MR. KRESEL: That I'm not qualified to
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1 answer. I'm sorry. Mr. Killingsworth is no
2 longer here.
3 We proposed this language separate from
4 the mobility plan, and I will not even attempt
5 to try to respond to that. Let me verify that
6 with our transportation experts and get back
7 with you tomorrow, if that's -- if that would
8 be satisfactory.
9 C/M BOYER: That's fine.
10 Do I understand that since this is a comp
11 plan amendment, it has already gone through a
12 process where it's been sent to the State and
13 back and reviewed already?
14 MR. KRESEL: That is correct.
15 C/M BOYER: So that's fine if you want to
16 get back to me after the meeting and after
17 we've voted, but I -- but I do have a concern
18 that if we're changing to a different standard
19 and a different philosophy that we should be
20 consistent about it, and I just don't know why
21 we're adopting something using the old
22 philosophy, if -- and maybe it applies in this
23 context. I just don't know.
24 THE CHAIRMAN: Okay. Mr. Dylan.
25 MR. REINGOLD: Absolutely.
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1 To the council member, I'll work with the
2 Planning Department addressing whether it
3 should be an internal capture rate of
4 15 percent of the annual daily -- average
5 daily -- the terminology that's used in the
6 mobility plan. And certainly Gary and myself
7 and Mr. Killingsworth and Laurie Kattreh will
8 work on that issue and get an answer to you as
9 soon as possible.
10 THE CHAIRMAN: Okay. Mr. Holt.
11 C/M HOLT: Thank you, Mr. Chair.
12 I just had a question generally,
13 Mr. Kelly, about this category.
14 Are we using anymore the rural village or
15 is this just in here for those rural villages
16 that were established years ago?
17 MR. KELLY: This is addressing, I guess,
18 both of them, the ones that haven't developed
19 as of yet. There were, obviously, a number of
20 rural villages approved as PUD satellite
21 communities and there still are proposals out
22 there to do new ones and expand existing ones.
23 C/M HOLT: I thought we were getting away
24 from doing those, but I'd be curious to know
25 where those proposed are, if you could send me
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1 that information off line.
2 MR. KELLY: I'd be glad to.
3 C/M HOLT: Thank you.
4 THE CHAIRMAN: Mr. Lumb.
5 C/M LUMB: Mr. Kelly or whoever, one more
6 tutorial, please. What is a rural village?
7 MR. KELLY: I'll just summarize.
8 I mean, I'm sure there's a defined term
9 specific in our comp plan. Specifically,
10 though, a rural village is designed to be kind
11 of a self-sufficient, so to speak, overall mix
12 of development, kind of a compact town pattern
13 with a central square, residential uses,
14 commercial uses that the residential uses can
15 do, far from the node. And they have acreage
16 requirements. There's density provisions. And
17 so it's basically like a little, small town
18 that you're developing as an overall
19 master-planned development.
20 C/M LUMB: Name one.
21 MR. KELLY: The -- well, the one that --
22 and I'll bring the information -- was the ICI
23 rural village proposal on 301, north of the
24 landfill facility off of 301 and south of I-10.
25 C/M LUMB: Thank you.
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1 THE CHAIRMAN: Okay. Ms. Boyer.
2 C/M BOYER: Thank you.
3 Through the Chair to Councilmember Holt, I
4 had asked the same question of
5 Mr. Killingsworth earlier regarding whether we
6 were still doing these and whether this was
7 still a category because I have a concern that
8 it is somewhat contrary to our philosophy of
9 what we want to see in future development, and
10 so if -- this is an opportunity that we can
11 discuss it. If it's something in the future
12 that you want to pursue, I certainly am in
13 agreement that these are probably not in our
14 best interest to continue to do.
15 THE CHAIRMAN: Mr. Holt.
16 C/M HOLT: Thank you for those comments,
17 Ms. Boyer.
18 My recollection of that ICI project was
19 that it may have been land use/rural village,
20 but it was a PUD zoning; is that right?
21 MR. KELLY: That's correct.
22 Each of the rural villages have to have a
23 designated PUD satellite community zoning
24 district associated with that.
25 C/M HOLT: But --
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1 MR. KELLY: The rural village, from a land
2 use perspective, really exempts the density
3 provisions normally applied within the AGR
4 category because of the -- the mixed-use
5 component and the mix of uses that make it
6 self-sufficient.
7 C/M HOLT: So does the land use affect the
8 concurrency or does the zoning?
9 MR. KELLY: In terms of the capture rate?
10 C/M HOLT: Right. We're talking here
11 about internal capture rates, and Ms. Boyer's
12 question earlier was how this might be
13 affected, the change from --
14 MR. KELLY: Oh, from going --
15 C/M HOLT: -- from the old fair share
16 system to the new mobility fee system. How
17 does the rural village fit into that? Is there
18 an effect of internal capture rate in a rural
19 village?
20 MR. KELLY: Yes, and that's kind of
21 reviewed when we review the rezoning, the
22 satellite community, the mix of the uses. And
23 that's reviewed also through part of the
24 traffic study to -- to assure that that
25 internal capture percentage is being met.
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1 Now, whether it's ADT or p.m. peak hour,
2 the ADT is going to certainly have a lot more
3 trips as opposed to the -- you know, basing it
4 on the p.m. peak hour, but that 15 percent
5 would be -- would be based on --
6 C/M HOLT: Okay.
7 MR. KELLY: -- the development.
8 C/M HOLT: Well, let's talk about it later
9 because this is educational and taking up time
10 in committee.
11 Thank you.
12 THE CHAIRMAN: Okay. Can I get a motion?
13 C/M HOLT: Move the bill.
14 C/M BOYER: Second.
15 THE CHAIRMAN: Okay. We have a motion by
16 Mr. Holt, second by Ms. Boyer.
17 Any discussion?
18 COMMITTEE MEMBERS: (No response.)
19 THE CHAIRMAN: Seeing no discussion, open
20 the ballot, record your vote.
21 (Committee ballot opened.)
22 C/M BROWN: (Votes yea.)
23 C/M HOLT: (Votes yea.)
24 C/M BOYER: (Votes yea.)
25 C/M CARTER: (Votes yea.)
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1 C/M LOVE: (Votes yea.)
2 C/M LUMB: (Votes yea.)
3 C/M REDMAN: (Votes Yea.)
4 (Committee ballot closed.)
5 MS. LAHMEUR: Seven yeas, zero nay.
6 THE CHAIRMAN: By your actions, you have
7 approved 2011-514.
8 2011-515. Staff report, Mr. Kresel.
9 MR. KRESEL: Ordinance 2011-515. The
10 Department worked on, a couple of years ago,
11 the creation of, again, a -- generally large
12 mixed-use or multiuse-type projects, and we're
13 introducing now the -- a clarification.
14 When we created the multiuse category, the
15 corresponding zoning that must go along with
16 this land use category is a new zoning category
17 called PUD-MU, and this is the language that
18 makes that possible. So this is primarily just
19 referring to the new zoning category and just
20 acknowledges the new title of the corresponding
21 zoning.
22 THE CHAIRMAN: Okay. Thank you.
23 I don't have any questions.
24 Do I have a motion?
25 C/M HOLT: Move the bill.
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1 C/M CARTER: Second.
2 THE CHAIRMAN: I have a motion by
3 Mr. Holt, second by Mr. Carter.
4 Any discussions?
5 COMMITTEE MEMBERS: (No response.)
6 THE CHAIRMAN: Seeing no discussions, open
7 the ballot, record your vote.
8 (Committee ballot opened.)
9 C/M BROWN: (Votes yea.)
10 C/M HOLT: (Votes yea.)
11 C/M BOYER: (Votes yea.)
12 C/M CARTER: (Votes yea.)
13 C/M LOVE: (Votes yea.)
14 C/M LUMB: (Votes yea.)
15 C/M REDMAN: (Votes Yea.)
16 (Committee ballot closed.)
17 MS. LAHMEUR: Seven yeas, zero nay.
18 THE CHAIRMAN: By your actions, you have
19 approved 2011-515.
20 Item number 17, 2011-516.
21 Mr. Kresel.
22 MR. KRESEL: Ordinance 2011-516. This is
23 introducing two new policies to the
24 comprehensive plan that relates to community
25 gardens. One, it -- it creates the --
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1 acknowledges that community gardens can be
2 created. They -- and acknowledges that -- that
3 they be allowed in a variety of land use
4 categories except for Heavy Industrial, Light
5 Industrial and Water Related/Water Dependent,
6 and it allows for retail operations that might
7 occur off site. For example, if someone raises
8 vegetables or flowers on site, they would not
9 be allowed to sell from that site, be it their
10 backyard or some sort of community vacant lot,
11 but they would be allowed to transport those
12 materials and sell them in an appropriate
13 location.
14 We got some feedback from the Department
15 of Agriculture and they were concerned that our
16 original language was just a little bit too
17 drastic. This allows for someone to take their
18 produce and sell it or distribute it in an
19 appropriate location.
20 THE CHAIRMAN: Okay. Seeing that I have
21 no one on the queue, do I have a motion and a
22 second?
23 C/M HOLT: Move the bill.
24 C/M REDMAN: Move the bill.
25 THE CHAIRMAN: Okay. I have a motion by
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1 Mr. Holt, second by Mr. Redman.
2 Seeing no discussions, open the ballot,
3 record your vote.
4 (Committee ballot opened.)
5 C/M BROWN: (Votes yea.)
6 C/M HOLT: (Votes yea.)
7 C/M BOYER: (Votes yea.)
8 C/M CARTER: (Votes yea.)
9 C/M LOVE: (Votes yea.)
10 C/M LUMB: (Votes yea.)
11 C/M REDMAN: (Votes Yea.)
12 (Committee ballot closed.)
13 MS. LAHMEUR: Seven yeas, zero nay.
14 THE CHAIRMAN: Okay. By your actions, you
15 have approved 2011-516.
16 Item 18 is 2011-517, deferred.
17 2011-524. Staff report by Mr. Smith.
18 MR. SMITH: Yes, Mr. Chairman, members of
19 the committee.
20 Ordinance 2011-524 is an application for a
21 performance-based development agreement for the
22 purpose of reserving traffic circulation
23 capacity. This parcel consists of
24 approximately 24.35 acres. It is located on
25 State Road A1A, between Mayport Road and
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1 Wonderwood Drive.
2 This proposed development includes
3 approximately 487 apartment uses, has a
4 duration of seven years. And I might add, this
5 development agreement is subject to a
6 performance schedule and an annual renewal for
7 each -- renewal fee for each year that the
8 agreement is in effect for the remaining
9 undeveloped residential units.
10 Staff has reviewed the application for
11 compliance with Chapter 655, Ordinance Code,
12 and does have a recommendation to approve.
13 THE CHAIRMAN: Okay. Thank you,
14 Mr. Smith.
15 And we have one speaker's card and it's
16 just for questions only.
17 We're going to open the public hearing.
18 Ms. Pierce.
19 MS. PIERCE: (Indicating.)
20 THE CHAIRMAN: No questions. Okay.
21 We're going to close the public hearing.
22 There's no more speakers.
23 Did we need to bring her forward?
24 (Discussion held off the record.)
25 THE CHAIRMAN: Okay.
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1 MR. REINGOLD: She's here and she waved.
2 THE CHAIRMAN: Okay. The public hearing
3 is closed.
4 Do I have a motion to move --
5 C/M HOLT: Move the bill.
6 C/M REDMAN: Second.
7 THE CHAIRMAN: Motion by Mr. Holt, second
8 by Mr. Redman.
9 Seeing no discussions, open the ballot,
10 record your vote.
11 (Committee ballot opened.)
12 C/M BROWN: (Votes yea.)
13 C/M HOLT: (Votes yea.)
14 C/M BOYER: (Votes yea.)
15 C/M CARTER: (Votes yea.)
16 C/M LOVE: (Votes yea.)
17 C/M LUMB: (Votes yea.)
18 C/M REDMAN: (Votes Yea.)
19 (Committee ballot closed.)
20 MS. LAHMEUR: Seven yeas, zero nay.
21 THE CHAIRMAN: Okay. By your actions,
22 2011-524 has been approved.
23 Let's go to the top of page 7, 2011-525.
24 Mr. Smith.
25 MR. SMITH: Yes. Mr. Chairman, members of
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1 the committee, ordinance 2011-525 is a
2 performance-based development agreement
3 application known as Project USA, Jax Offices,
4 San Jose West. This property consists of
5 approximately 1.1 acres. It's located on
6 San Jose Boulevard, between Orange Picker Road
7 and Marbon Road. This proposed development
8 includes approximately 50,000 enclosed square
9 feet of general office use. The duration of
10 this agreement is for five years. Again, this
11 agreement is subject to a performance schedule
12 and an annual renewal fee for each year that
13 the agreement is in effect.
14 And staff has reviewed this application
15 for compliance with Part 2, Chapter 655,
16 Ordinance Code, and does have a recommendation
17 to approve.
18 THE CHAIRMAN: Thank you, Mr. Smith.
19 Okay. We're going to open the public
20 hearing. We have one speaker, Mr. Kupperman.
21 This was -- questions only?
22 MR. KUPPERMAN: (Indicating.)
23 THE CHAIRMAN: Got a wave.
24 Okay. Thank you, sir.
25 Okay. We have no other speakers. We're
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1 going to close the public hearing.
2 Do I have a motion --
3 C/M REDMAN: Move the bill.
4 C/M LOVE: Second.
5 THE CHAIRMAN: Okay. I have a motion by
6 Mr. Redman, second by Mr. Love.
7 Seeing no discussions, open the ballot,
8 record your vote.
9 (Committee ballot opened.)
10 C/M BROWN: (Votes yea.)
11 C/M HOLT: (Votes yea.)
12 C/M BOYER: (Votes yea.)
13 C/M CARTER: (Votes yea.)
14 C/M LOVE: (Votes yea.)
15 C/M LUMB: (Votes yea.)
16 C/M REDMAN: (Votes Yea.)
17 (Committee ballot closed.)
18 MS. LAHMEUR: Seven yeas, zero nay.
19 THE CHAIRMAN: Okay. By your actions, you
20 have approved 2011-525.
21 Item 21, 2011-526.
22 Mr. Smith.
23 MR. SMITH: Yes. Mr. Chairman, ordinance
24 2011-526, known as Water's Bluff, is a
25 performance agreement for reserving traffic
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1 circulation capacity. The property consists of
2 approximately 11.68 acres. It is located on
3 St. Johns Bluff Road, between Alden Road and
4 Lost Pine Drive. This proposed development
5 includes approximately 240 apartment units. It
6 has a duration agreement -- a duration for five
7 years.
8 Staff has reviewed the application for
9 compliance with Chapter 655, Ordinance Code,
10 and has a recommendation to approve.
11 THE CHAIRMAN: Thank you, Mr. Smith.
12 We're going to open the public hearing.
13 We have one speaker's card. That's
14 Ms. Johnston.
15 For questions only?
16 MS. JOHNSTON: (Indicating.)
17 THE CHAIRMAN: She left? She did wave.
18 Thank you.
19 No other speakers out there, so we're
20 going to close the public hearing.
21 Do I have a motion and second?
22 C/M REDMAN: Move the bill.
23 C/M LOVE: Second.
24 THE CHAIRMAN: I have a motion by
25 Mr. Redman, second by Mr. Love.
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1 Any discussions?
2 COMMITTEE MEMBERS: (No response.)
3 THE CHAIRMAN: Seeing no discussions, open
4 the ballot, record your vote.
5 (Committee ballot opened.)
6 C/M BROWN: (Votes yea.)
7 C/M HOLT: (Votes yea.)
8 C/M BOYER: (Votes yea.)
9 C/M CARTER: (Votes yea.)
10 C/M LOVE: (Votes yea.)
11 C/M LUMB: (Votes yea.)
12 C/M REDMAN: (Votes Yea.)
13 (Committee ballot closed.)
14 MS. LAHMEUR: Seven yeas, zero nay.
15 THE CHAIRMAN: By your actions, you have
16 approved 2011-526.
17 We have covered 2011-536.
18 Go to the final page, page 8. Item 23,
19 2011-539, read second, rerefer. Item 24 is
20 2011-550, read second, rereferred. 2011-551,
21 read second, rerefer. 2011-552, read second
22 and rereferred.
23 And 2011-553 --
24 C/M HOLT: Move withdrawal.
25 C/M REDMAN: Second.
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1 THE CHAIRMAN: Okay. We have a motion by
2 Mr. Holt, second by Mr. Redman.
3 Any discussions?
4 COMMITTEE MEMBERS: (No response.)
5 THE CHAIRMAN: Seeing no discussions, open
6 the ballot, record your vote.
7 (Committee ballot opened.)
8 C/M BROWN: (Votes yea.)
9 C/M HOLT: (Votes yea.)
10 C/M BOYER: (Votes yea.)
11 C/M CARTER: (Votes yea.)
12 C/M LOVE: (Votes yea.)
13 C/M LUMB: (Votes yea.)
14 C/M REDMAN: (Votes Yea.)
15 (Committee ballot closed.)
16 MS. LAHMEUR: Seven yeas, zero nay.
17 THE CHAIRMAN: By your actions, you have
18 approved --
19 MR. REINGOLD: Withdrawn.
20 THE CHAIRMAN. -- withdrawn -- by your
21 actions, you have withdrawn 2011-553.
22 By my account, I think we've covered
23 everything; is that correct?
24 MR. REINGOLD: Absolutely, sir.
25 THE CHAIRMAN: Do we have any questions
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1 from the body?
2 COMMITTEE MEMBERS: (No response.)
3 THE CHAIRMAN: If not, meeting is
4 adjourned.
5 (The above proceedings were adjourned at
6 5:55 p.m.)
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1 CERTIFICATE
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3 STATE OF FLORIDA)
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4 COUNTY OF DUVAL )
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7 I, Diane M. Tropia, Court Reporter,
8 certify that I was authorized to and did
9 stenographically report the foregoing proceedings
10 and that the transcript is a true and complete
11 record of my stenographic notes.
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15 DATED this 11th day of September, 2011.
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17 ___________________________
18 Diane M. Tropia
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Diane M. Tropia, Inc., P.O. Box 2375, Jacksonville, FL 32203