CITY OF JACKSONVILLE
LAND USE AND ZONING
COMMITTEE
Proceedings held on Tuesday, August 2,
2011, commencing at 5:04 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:
JOHN CROFTS, Deputy Director, Planning Dept.
SEAN KELLY, Chief, Current Planning.
FOLKS HUXFORD, Zoning Administrator.
KEN AVERY, Planning and Development Dept.
DYLAN REINGOLD, Office of General Counsel.
MERRIANE LAHMEUR, Legislative Assistant.
- - -
2
1 P R O C E E D I N G S
August 2, 2011 5:04 p.m.
2 - - -
3 THE CHAIRMAN: Good evening.
4 My name is Reginald Brown.
5 Welcome this evening to the LUZ Committee
6 meeting. Today's date is August 2nd. The time
7 now is 5:04.
8 Again, welcome.
9 What I'd like to do first, if we can start
10 with Mr. Crofts and go around and introduce the
11 dais.
12 Thank you.
13 MR. CROFTS: Good evening, Mr. Chairman
14 and members of the committee and the public.
15 My name is John Crofts and I'm
16 representing the Planning and Development
17 Department.
18 MR. KELLY: Sean Kelly, Planning and
19 Development.
20 MR. HUXFORD: Folks Huxford, Planning and
21 Development.
22 MR. AVERY: Ken Avery, Planning and
23 Development.
24 MR. REINGOLD: Dylan Reingold with the
25 Office of General Counsel.
Diane M. Tropia, Inc., P.O. Box 2375, Jacksonville, FL 32203
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1 C/M BOYER: Lori Boyer, City Council,
2 District 5.
3 C/M REDMAN: Don Redman, City Council,
4 District 4.
5 C/M CARTER: Doyle Carter, City Council,
6 12.
7 C/M HOLT: Ray Holt, District 11.
8 C/M LOVE: Jim Love, City Council,
9 District 14.
10 C/M LUMB: Robin Lumb, Group 5.
11 THE CHAIRMAN: Okay. Before we get
12 started, one thing I want to just remind
13 everyone, when it's for quasi-judicial bills,
14 don't forget to declare ex-parte communication.
15 The second thing, we do have Mr. Carter
16 that will -- has an early excusal. We will
17 take up his bill first.
18 And the last thing that I have in terms of
19 FYI information is that we do have in the
20 audience with us the secretary to the Planning
21 Commission, Mr. Pablo Ferrari, right there
22 (indicating), if you-all can just welcome him
23 today.
24 Thank you.
25 If we could now turn to page 3,
Diane M. Tropia, Inc., P.O. Box 2375, Jacksonville, FL 32203
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1 item number 7.
2 Mr. Folks.
3 MR. HUXFORD: Thank you, Mr. Chairman.
4 Ordinance 2011-382, which is application
5 for waiver of minimum road frontage WRF-11-05
6 is for property at 8580 Lenox Avenue, on the
7 Westside. The request is to reduce the
8 required minimum frontage for a newly-created
9 lot -- or a proposed lot from eighty feet to
10 zero feet in the Residential Rural zoning
11 district.
12 Staff has some concerns about this. We do
13 recognize that the character of the area is
14 such that there are occasional lots that have
15 been developed without road frontage or with
16 insufficient road frontage in the form of flag
17 lots; however, that -- that's not consistent
18 with general planning principles, so we would
19 not be supportive of this pattern of
20 development.
21 We also would have concerns about
22 identifying the location of the property along
23 Lenox Avenue and assurances that fire rescue
24 and other City services could access the site,
25 so we are not supportive of this request.
Diane M. Tropia, Inc., P.O. Box 2375, Jacksonville, FL 32203
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1 I do want to point to page 6 in the staff
2 report. Normally, you see a -- at the end of
3 the staff report you see a map that includes
4 zoning and such. We were not able to produce
5 that particular map, so we put this one in
6 here. It shows the parent parcel. The
7 newly-created lot would be a one-acre piece of
8 land in the rear. As I understand, it would be
9 for the current property owner's daughter and
10 his son-in-law. So it would be a family
11 situation, but, again, we just can't support it
12 based on planning principles and, therefore, we
13 are recommending denial.
14 Thank you.
15 THE CHAIRMAN: Before we go to you,
16 Mr. Carter, I want to go ahead and open up the
17 public hearing.
18 And before I call -- or ask any other
19 questions, we'll hear from you,
20 Councilman Carter.
21 MR. CARTER: Okay. Thank you for that
22 report, Folks.
23 This is a piece of property probably -- I
24 guess about a half mile from my house.
25 Mr. Everett, which owns the property, has lived
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1 there pretty much my whole life. Actually, my
2 (inaudible) leader in church at one time,
3 and -- and it's a -- his son actually wants to
4 build (inaudible) beside his dad. And the
5 sister lives in another house beside it. He
6 owns one, two, three -- three pieces of
7 property right there together, and -- actually,
8 four. And it's pretty compatible, I mean, as
9 far as -- as far as the -- the place is and --
10 and Mr. Everett has always kept his property,
11 you know, up to -- up to par and has been a
12 good neighbor.
13 We got probably about six or seven
14 old-time neighbors left, and I think it's a
15 good -- a good place. I think it would be
16 fine. They've -- the Planning Department has
17 come up with a couple of things that they
18 wanted to add to it, which is the -- the
19 mailbox where the address -- so that rescue can
20 get to it, and also to be able to get down to
21 the place, and the property owner is fine with
22 that.
23 Mr. Reingold.
24 MR. REINGOLD: Through the Chair to the
25 council member, I will take that as quite an
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1 extensive ex-parte communication disclosure
2 from the council member.
3 MR. CARTER: Yeah, that was -- that was
4 exactly what I was trying to do, is say I've
5 talked to the resident at length, and so -- I
6 was trying to -- that was in the middle of all
7 that. I just kind of got spread out there a
8 little bit.
9 THE CHAIRMAN: And if we have any others
10 that need to declare ex-parte, this is the time
11 to do it.
12 MR. CARTER: (Inaudible.)
13 THE CHAIRMAN: Right. That was fine.
14 Okay. If we could have the applicant come
15 forward.
16 (Audience member approaches the podium.)
17 AUDIENCE MEMBER: Hello.
18 I'm Jim Everett. My wife and I own
19 about --
20 THE CHAIRMAN: Excuse me, sir.
21 If you can give your name and your address
22 for the record.
23 AUDIENCE MEMBER: James P. Everett, 8526
24 Lenox Avenue.
25 THE CHAIRMAN: Thank you, sir.
Diane M. Tropia, Inc., P.O. Box 2375, Jacksonville, FL 32203
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1 Go ahead.
2 MR. EVERETT: We own about ten acres
3 there, three contiguous parcels, and my son --
4 my daughter and son -- well, son-in-law want to
5 build a house. As a matter of fact, this is
6 probably the best spot on the whole ten acres
7 to put a house. We're going to -- they're
8 going to get a 30-foot easement coming from the
9 road, which will make a decent driveway.
10 We can comply with your two requirements,
11 the driveway and the post office street
12 address, but this would not be out of character
13 for our neighborhood. That neighborhood is
14 going to more dense housing all around us.
15 There are only six of these parcels left,
16 the large ones. We own three of them and
17 Mr. King owns the other three, and so I don't
18 think we would be out of character for the
19 neighborhood.
20 Any questions of me?
21 THE CHAIRMAN: No, I don't have any
22 questions. I have no -- yeah, I do have --
23 Ms. Boyer.
24 C/M BOYER: Thank you for coming tonight.
25 I have one quick question.
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1 It seemed on some map I saw there were a
2 number of large trees in the area where the
3 driveway is going to be; is that correct?
4 MR. EVERETT: There are two pecan trees.
5 I think some of the bottom limbs could be
6 removed on one side, would give adequate room
7 for fire and rescue.
8 C/M BOYER: So in order to comply with the
9 requirement that I've -- that I've heard, that
10 there's going to be a 30-foot-wide hard
11 surface --
12 MR. EVERETT: There won't -- the hard
13 surface won't be 30 feet wide. There will be a
14 30-foot-wide land area, but I see no reason to
15 make a 30-foot-wide paved area.
16 C/M BOYER: And that won't adversely
17 impact the trees, the -- the paved area that
18 you do make, whether it's gravel or whatever,
19 will --
20 MR. EVERETT: If it does, it will just
21 have to impact them, but I don't think it will.
22 C/M BOYER: Thank you.
23 THE CHAIRMAN: Okay. I have no further
24 speakers on the queue.
25 We do not have anyone else to speak as a
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1 proponent at this time. I don't have actually
2 any cards for opposition --
3 C/M CARTER: (Indicating.)
4 THE CHAIRMAN: I'm sorry. Mr. Carter, go
5 ahead.
6 C/M CARTER: I guess at the end of my long
7 ex-partetion [sic] thing a while ago, I should
8 have said that I'm supportive of this as the
9 district councilmember.
10 THE CHAIRMAN: Okay. Thank you,
11 Councilman Carter.
12 Planning, Mr. Kelly.
13 MR. KELLY: Thank you.
14 To the Chair, we had a concern kind of in
15 evaluating just here recently.
16 The existing lot in the front, the
17 dimensions of that that are being proposed
18 would make that lot nonconforming. So if the
19 house were to burn down on the front lot, you
20 would not be able to rebuild on that lot.
21 MR. EVERETT: That's not a problem.
22 That's a -- we're renting that house. My
23 daughter is going to inherit it anyway.
24 MR. KELLY: Well, I mean, for purposes of
25 lot area, it wouldn't be a complete, full acre
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1 lot on the front. The back one that you're
2 showing is. And then because, I guess, this is
3 only half of the parcel, the overall parcel,
4 the 3.4-some-odd acres, we would have a
5 concern, again, against the future subdivision
6 or splitting of additional lots beyond this,
7 so --
8 MR. EVERETT: I don't think they would
9 want to do that. We sort of like it out there
10 away from the neighbors so we're not looking in
11 their windows and they're not looking in ours.
12 THE CHAIRMAN: Okay. Before I close the
13 public hearing, I wanted to give Mr. Everett --
14 if you had anything else that you would like to
15 add before I close the public hearing.
16 MR. EVERETT: For the foreseeable future,
17 that's the only house I see going on that
18 property.
19 THE CHAIRMAN: Okay. Thank you,
20 Mr. Everett.
21 MR. EVERETT: Okay. Thank you.
22 THE CHAIRMAN: We're going to close the
23 public hearing.
24 I'm going to open it up now for committee
25 discussion.
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1 Please let it be noted that it is the
2 recommendation of Planning to deny this
3 particular bill; however -- not however, but
4 it's very consistent with the positions that
5 they've taken in the past.
6 Now my however. We do have the district
7 councilperson here that is in support of it,
8 and I want to open it now for discussions at
9 this time.
10 And I have Mr. Holt on the queue.
11 C/M HOLT: Thank you, Mr. Chair.
12 Through the Chair to Mr. Kelly or
13 Mr. Crofts, could you explain your two
14 potential amendments? I know one was -- was it
15 to have an address or a mailbox or both for
16 that separate piece?
17 MR. KELLY: Right.
18 There are two conditions proposed
19 initially. We do have some other concerns, as
20 I kind of elaborated earlier, but the two
21 conditions initially proposed by the Department
22 were to stabilize the driveway and the travel
23 surface prior to any permit for a new home in
24 the back part and, additionally, to clearly
25 provide the addresses located on the roadway
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1 frontage.
2 So those were the initial first two
3 conditions, but we do have a concern about now
4 the creation of a nonconforming residential lot
5 for lot area and the future -- again, future
6 potential for subdivision.
7 C/M HOLT: Okay. And did you specify
8 anything specifically as far as gravel type
9 or -- for the roadway -- driveway?
10 MR. KELLY: That's correct.
11 It reads, a 35-foot-wide easement/
12 driveway shall be stabilized with gravel or a
13 similar material to provide adequate access by
14 emergency vehicles prior to the issuance of a
15 permit for the new residence.
16 Let me clarify. It's not the whole width
17 of the easement that needs to be stabilized --
18 C/M HOLT: Do you want to specify how
19 much? Ten feet?
20 MR. KELLY: We would -- yeah, I'm
21 comfortable with -- 16 is what's required for
22 police and fire generally. So 16 feet would be
23 acceptable.
24 C/M HOLT: Okay. Well, I would move that
25 those are wrapped up into an amendment to grant
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1 the waiver.
2 C/M REDMAN: Second.
3 THE CHAIRMAN: Okay. Before we -- go
4 ahead, Mr. Reingold.
5 MR. REINGOLD: To the committee, I guess
6 the two conditions as I read them are, the
7 address for the new residence shall be clearly
8 identified along Lenox Avenue, and then, prior
9 to the issuance of a permit for the new
10 residence, a 16-foot-wide easement/driveway
11 shall be stabilized with gravel or similar
12 materials to provide adequate access by
13 emergency vehicles.
14 THE CHAIRMAN: Okay. Before -- I want to
15 bring Mr. Everett back to the podium so we
16 could find out --
17 MR. KELLY: Just to Mr. Reingold quickly,
18 the easement width would still be 35 feet, but
19 the driveway within the easement would be
20 16 feet.
21 MR. REINGOLD: That is correct.
22 (Mr. Everett approaches the podium.)
23 MR. EVERETT: There's adequate room for
24 that.
25 THE CHAIRMAN: I'm sorry, Mr. Everett --
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1 MR. EVERETT: That can be done.
2 THE CHAIRMAN: Okay. So you are in
3 agreement --
4 MR. EVERETT: Okay.
5 THE CHAIRMAN: -- with everything?
6 Okay. Thank you for coming up.
7 Thank you.
8 Okay. We have a motion and a --
9 MR. REINGOLD: (Indicating.)
10 THE CHAIRMAN: Go ahead, Mr. Reingold.
11 MR. REINGOLD: I guess -- Mr. Kelly
12 brought up a point that for some reason hasn't
13 really been brought up until today, which is --
14 THE CHAIRMAN: Mr. Everett, come on back
15 down just in case.
16 MR. EVERETT: Okay.
17 MR. REINGOLD: -- which is it --
18 essentially you're granting a waiver for the
19 property on the back; however, you -- in doing
20 so, you've now just essentially created an
21 illegal lot up front.
22 This is honestly the first time anyone's
23 brought this to the attention of myself or to
24 the committee at all. And, honestly, thinking
25 about it -- I mean, I guess the concept is --
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1 is that you've approved the residence in the
2 back and the waiver, but I'm not really sure
3 if -- if approving an illegal property on the
4 front is properly notified, properly advertised
5 or the like, and I just wanted to raise that
6 issue.
7 THE CHAIRMAN: Okay. Before I go to
8 Mr. Holt and Ms. Boyer, I'm leaning towards --
9 I don't know whether or not we will have time
10 to do this right now because I want to respect
11 your time that you're here. What I would like
12 to do -- because it appears, Mr. Dylan, that
13 you're a little uncomfortable at this time to
14 move forward and --
15 Is it time sensitive in terms of -- can we
16 defer this today and take it up in two weeks,
17 give you-all the time to work this out --
18 Mr. Dylan.
19 MR. REINGOLD: What I'm hearing from staff
20 is they're -- they're agreeable -- if it's
21 okay -- to the concept of maybe just tabling
22 the item for a couple of minutes so they can
23 sort of sort through this issue.
24 THE CHAIRMAN: That would be fine.
25 Okay. We're going to table that
Diane M. Tropia, Inc., P.O. Box 2375, Jacksonville, FL 32203
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1 particular item.
2 Let's go ahead and -- if we could, for a
3 few minutes, let's look at 2011-252. That's
4 been deferred.
5 But I thought -- Mr. Dylan, we are going
6 to take this up right now --
7 MR. REINGOLD: No.
8 THE CHAIRMAN: Okay. Mr. Dylan, 2011-252,
9 are we taking that up today?
10 MR. REINGOLD: No.
11 THE CHAIRMAN: We're going to defer that
12 completely?
13 MR. REINGOLD: (Nods head.)
14 THE CHAIRMAN: Okay.
15 MR. REINGOLD: That item is completely
16 deferred.
17 THE CHAIRMAN: Okay. Great.
18 We don't have -- we did have some folks
19 that wanted to speak on it, but we're not
20 having a public hearing.
21 Let's go down to 2011-341, if we can --
22 that's been deferred as well. I don't have it
23 on mine.
24 Mr. Dylan.
25 MR. REINGOLD: On this item, there's
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1 actually a public hearing scheduled for
2 tonight; however, in my discussions with the
3 Planning Department is -- they've had
4 communication with the applicant, and the
5 applicant is agreeable to an amendment and a
6 rereferral of this item, thus changing the
7 request from 80 feet to 61.52 feet to being a
8 request of 40 to 0 feet.
9 THE CHAIRMAN: Okay. So are you saying
10 that we're going to defer it until --
11 MR. REINGOLD: Tonight you would be in a
12 position to open and close the public hearing
13 and then you would actually move an amendment
14 of the bill to change the request. And then
15 after that, your ballot vote would actually be
16 to rerefer it back to the LUZ Committee for a
17 hearing at a subsequent date.
18 THE CHAIRMAN: Okay. Let's walk through
19 this process.
20 We're going to open the public hearing.
21 We have no speakers. We're going to close the
22 public hearing.
23 C/M HOLT: Move the amendment.
24 C/M BOYER: Second.
25 THE CHAIRMAN: Okay. We have an
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1 amendment -- I mean, I have a motion for the
2 amendment to be moved by Mr. Holt, second by
3 Ms. Boyer.
4 Do we have any questions?
5 COMMITTEE MEMBERS: (No response.)
6 THE CHAIRMAN: Anybody opposed?
7 COMMITTEE MEMBERS: (No response.)
8 THE CHAIRMAN: We've got to vote on it
9 first.
10 By a show of hands, I'm sorry. Let's take
11 a vote. Those in favor.
12 COMMITTEE MEMBERS: Aye.
13 THE CHAIRMAN: Okay. No opposed. The
14 amendment passes.
15 C/M HOLT: Move to rerefer back to LUZ as
16 amended.
17 C/M BOYER: Second.
18 THE CHAIRMAN: We have a motion by
19 Mr. Holt to move the bill -- to refer back to
20 LUZ, and a second by Ms. Boyer.
21 All in favor.
22 COMMITTEE MEMBERS: Aye.
23 THE CHAIRMAN: We're going to open the
24 ballot?
25 MR. REINGOLD: Yes.
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1 THE CHAIRMAN: Okay. We're going to open
2 the ballot, vote.
3 (Committee ballot opened.)
4 C/M BROWN: (Votes yea.)
5 C/M HOLT: (Votes yea.)
6 C/M BOYER: (Votes yea.)
7 C/M LOVE: (Votes yea.)
8 C/M LUMB: (Votes yea.)
9 C/M REDMAN: (Votes Yea.)
10 (Committee ballot closed.)
11 MS. LAHMEUR: Six yea, zero nay.
12 THE CHAIRMAN: Okay. By your actions, you
13 have approved the rereferral to LUZ, item
14 2011-341.
15 Thank you.
16 Let's move on down to 2011-342. We're
17 going to open the public hearing and continue
18 it until August 16, 2011, no further actions.
19 Go to page 3. We're actually going to --
20 2011-343. We're going to defer this for
21 another two weeks.
22 2011-363 has been deferred.
23 2011- -- item number 6 -- -381. We're
24 going to open the public hearing.
25 Prior to opening the public hearing, we're
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1 going to hear from Mr. Kelly, staff.
2 Thank you.
3 MR. KELLY: Thank you, Mr. Chairman,
4 members of LUZ --
5 MR. REINGOLD: Hold on.
6 I'm sorry. I'm trying to kind of come up
7 with a typical order for our LUZ items.
8 I think the first item would be good to
9 start with is ex-parte communications --
10 THE CHAIRMAN: Okay.
11 MR. REINGOLD: -- and then to work our way
12 to Planning staff.
13 THE CHAIRMAN: Thank you.
14 So do we have anyone that needs to declare
15 ex-parte? This is the time to do it.
16 C/M BOYER: (Indicating.)
17 THE CHAIRMAN: Ms. Boyer.
18 C/M BOYER: Thank you, Mr. Chairman.
19 I had ex-parte communication on this
20 matter with Doug Skiles, who is the president
21 of the San Marco Preservation, last Friday,
22 regarding the removal of two trees and
23 landscape requirements. And I had ex-parte
24 communication with Bill Cesery immediately
25 prior to this meeting regarding the same.
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1 THE CHAIRMAN: Okay. Mr. Kelly.
2 MR. KELLY: Thank you, Mr. Chairman,
3 committee members.
4 Ordinance 2011-381 is a request to allow
5 for a sign waiver, reducing the required
6 minimum setback from the right-of-way for a
7 sign from 10 feet to 1 feet [sic]. This is a
8 monument sign which is proposed to be about
9 18 square feet in area for this existing
10 commercial shopping center. This is located in
11 San Marco, 1538 Hendricks Avenue. The
12 High Tide Burrito Company is located within the
13 same center, and this would be a proposed sign
14 for a company -- Nestliving -- office within
15 the same center.
16 The Department has reviewed this in
17 relation to the criteria. We feel that the
18 proper placement of the sign would be
19 compatible with existing and contiguous signage
20 in the area, that it would not detract from the
21 intent of the zoning ordinance nor would it
22 diminish any property values or negatively
23 alter the aesthetic character of the area.
24 We find that -- again, that careful
25 placement would comply with visibility
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1 requirements and, therefore, would not be
2 detrimental to the public health, safety and
3 welfare, and that there's a compelling public
4 interest, again, for this sign to be posted.
5 We feel the scale and the size of the sign in
6 relation to the other commercial businesses and
7 entities is appropriate for this location.
8 The Department has reviewed this request
9 and we are recommending approval with two
10 conditions:
11 The first condition is, "The monument sign
12 shall be located no closer than 24 inches or
13 2 feet from the edge of the existing Hendricks
14 Avenue right-of-way." And just to clarify,
15 that's the right-of-way, not the roadway
16 pavement edge.
17 And also, condition 2, which -- my
18 understanding, there's been an agreement or a
19 modification to the landscaping. The original
20 condition as proposed by staff is, "The owner
21 shall install and maintain additional
22 landscaping around the base of the sign and
23 other areas affected by its installation,
24 subject to review and approval by the Planning
25 and Development Department at the time of
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1 permitting."
2 There are some modifications to that.
3 I'll just defer to Dylan with the changes.
4 MR. REINGOLD: As Mr. Kelly explained --
5 and I certainly will allow Councilmember Boyer
6 to explain if she would like or I can certainly
7 run through the conditions if that's what's
8 preferred.
9 Essentially, the condition is that, "The
10 owner shall install and maintain a landscape
11 buffer consisting of ground cover, together
12 with a minimum of ten shrubs of a minimum of
13 two feet in height, along the south property
14 line. The owner shall install and maintain
15 also a 75 percent shrub and ground cover in the
16 sign removal area indicated on the attached
17 site plan dated August 2nd, 2011. All plant
18 material shall be reviewed and approved by the
19 Planning and Development Department."
20 And if I may explain. There's a handout
21 that I have provided to the applicant and has
22 been put into the file that denotes the area of
23 the sign removal, and I've certainly got a copy
24 if anyone else would like to take a look at it.
25 With that, that's the conditions, and I
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1 send it back to the Chair.
2 THE CHAIRMAN: Okay. Does the applicant
3 agree with the conditions?
4 AUDIENCE MEMBER: Yes, sir, Mr. Chairman.
5 THE CHAIRMAN: Okay. Mr. Cesery, are you
6 prepared for a presentation at this time?
7 AUDIENCE MEMBER: Yes.
8 My name is William Cesery, 1450-3
9 San Marco Boulevard, Jacksonville, Florida
10 32207.
11 And, yes, unfortunately we have to remove
12 two sabal palms that are -- about half the root
13 ball was taken out by the sidewalk anyway,
14 but -- and there's -- urban site. There's no
15 room that -- to put any more -- to replant them
16 on the site, so we have agreed to other
17 landscape mitigation for that, and I'm in
18 perfect agreement with that.
19 THE CHAIRMAN: Okay. We have no
20 opposition cards at this time, so there's no
21 need for rebuttal.
22 We're going to close the public hearing.
23 C/M HOLT: Move the amendment to grant the
24 waiver, including (inaudible) --
25 C/M REDMAN: Second.
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1 THE CHAIRMAN: Okay. We had a motion by
2 Mr. Holt, second by Mr. Redman.
3 All in favor of the amendment, say aye --
4 yea -- aye.
5 COMMITTEE MEMBERS: Aye.
6 THE CHAIRMAN: Any opposed?
7 COMMITTEE MEMBERS: (No response.)
8 MR. REINGOLD: (Indicating.)
9 THE CHAIRMAN: Mr. Reingold.
10 MR. REINGOLD: I'm not raising my hand in
11 opposition. I just heard some grumbling of the
12 amendment and didn't really hear it, but it
13 was -- essentially it was to grant the waiver
14 subject to the conditions as read into the
15 record.
16 THE CHAIRMAN: Okay. That's correct?
17 C/M HOLT: (Nods head.)
18 THE CHAIRMAN: That's correct.
19 Can we get a motion to move the bill?
20 C/M HOLT: Move the bill as amended.
21 C/M REDMAN: Second.
22 THE CHAIRMAN: Okay. We a have a motion
23 by Mr. Holt, a second by Mr. Redman to move the
24 bill as amended.
25 C/M BOYER: (Inaudible.)
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1 THE CHAIRMAN: I'm sorry, do we have any
2 questions?
3 C/M BOYER: Yes.
4 THE CHAIRMAN: Ms. Boyer.
5 C/M BOYER: Thank you.
6 I just want to let the committee know that
7 Mr. Cesery is correct. This is -- and I agree
8 with the Planning Department. This is a very
9 urban location, and it's unfortunate that they
10 have to remove the trees to put the sign there,
11 but there is simply no other place to put the
12 sign.
13 The waiver is necessary because if you are
14 going to encourage small businesses to do
15 business in urban areas, they've got to be able
16 to have signage somewhere and you simply cannot
17 comply on this site otherwise. And I
18 appreciate his willingness to put in other
19 shrubs since those trees have to be removed.
20 THE CHAIRMAN: Okay. Thank you.
21 As stated, we have a motion by Mr. Holt,
22 second by Mr. Redman.
23 Open the ballot, record your vote.
24 (Committee ballot opened.)
25 C/M BROWN: (Votes yea.)
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1 C/M HOLT: (Votes yea.)
2 C/M BOYER: (Votes yea.)
3 C/M CARTER: (Votes yea.)
4 C/M LOVE: (Votes yea.)
5 C/M LUMB: (Votes yea.)
6 C/M REDMAN: (Votes Yea.)
7 (Committee ballot closed.)
8 MS. LAHMEUR: Seven yeas, zero nay.
9 THE CHAIRMAN: By your actions, you have
10 approved 2011-381.
11 MR. REINGOLD: To the Chair --
12 THE CHAIRMAN: If we could go back to item
13 number 7, 2011-382. If it pleases the
14 committee, we're going to defer this until --
15 MR. CARTER: Next meeting.
16 THE CHAIRMAN: -- the next cycle
17 meeting -- next committee meeting.
18 MR. REINGOLD: To the Chair, on 2011-382,
19 we'll take it off the table and then we'll open
20 and continue the public hearing.
21 THE CHAIRMAN: Okay. We're going to take
22 it off the table and then we're going to
23 continue the public hearing.
24 We're going to close the public hearing.
25 MR. REINGOLD: No.
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1 THE CHAIRMAN: We don't need to close it.
2 We're just going to continue it.
3 Okay. We're going to continue the public
4 hearing in two weeks. That date is August
5 16th.
6 Okay. Thank you.
7 Item number 8, 2011-408.
8 Mr. Teal, come on down.
9 (Mr. Teal approaches the podium.)
10 THE CHAIRMAN: Thank you.
11 MR. TEAL: Thank you, Mr. Chairman.
12 Jason Teal with the General Counsel's
13 Office.
14 What this legislation is, is this is an
15 effort to create an alternative -- an
16 enforcement alternative for historic
17 properties. Right now what we've got are two
18 extremely far-apart options for a property
19 owner that runs afoul of our Property Safety
20 Code and our Municipal Code Compliance
21 Division. Right now they have two options,
22 either fix up the building in its entirety or
23 tear it down. And the problem with that is --
24 is that the property owners don't have the
25 financial ability to put the money into these
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30
1 properties in order to bring them into
2 compliance with the Property Safety Code, so
3 more and more frequently they are attempting to
4 try and demolish the structures, which, when
5 you're dealing with historic structures,
6 creates a problem because you can't just go
7 back and recreate, you know, a building that
8 was built in 1899, for example.
9 So what we tried to do with this is work
10 with the neighborhood, work with the district
11 councilmember, work with the Planning
12 Department and the Historic Preservation
13 Commission in order to craft something that
14 would be workable for the residents and the
15 owners of these buildings in order to require
16 them to step forward and agree to mothball the
17 buildings.
18 What that means is, is that they have to
19 correct anything that would be structurally
20 wrong with the building and then also make it
21 watertight and resistant to the elements, keep
22 it safe from people breaking in, but also
23 create a monitoring period. There's a
24 requirement that they would have to monitor
25 these properties, and it's actually going to
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31
1 save the City resources because if the City
2 goes in and has to tear down one of these
3 buildings, we have to hire a contractor to do
4 that. That results in a lien on the property
5 for the cost of doing that, which, chances are,
6 it's going to be many, many years, if ever,
7 that we would ever get that money back.
8 So this is going to create an alternative
9 for these property owners to have a five-year
10 period, which is what the mothballing period
11 would be, to allow the market to come back, to
12 allow their investments to remain, and actually
13 it's going to end up with a -- with a -- from a
14 tax standpoint, the City will actually -- as
15 opposed to receiving tax income from a vacant
16 lot or a dilapidated structure, if we allow
17 these folks to actually keep these properties
18 up and refurbish them, then the -- the amount
19 that we'd be able to charge in ad valorem tax
20 would be that much higher on these properties.
21 So it's seen pretty much as a win/win for
22 the property owner, for the neighborhood, and
23 for the City because it does provide this
24 alternative for folks and they can take
25 advantage of that and not have to worry about
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1 the Code Compliance Division breathing down
2 their neck all the time and, you know, the
3 heartbreak of having to tear down these
4 buildings, so --
5 THE CHAIRMAN: Okay. I do have Mr. Redman
6 on the queue.
7 C/M REDMAN: Thank you, Mr. Chairman.
8 Mr. Teal, is -- so this property, this
9 house would be sitting there basically
10 dilapidated for five years, possibly, but --
11 and the resident -- or the owner has to make
12 some repairs?
13 MR. TEAL: Yes, sir.
14 Through the Chair to Councilmember Redman,
15 one of the things that we really tried to focus
16 on with this legislation is to kind of
17 accomplish both goals, the goal of preserving
18 the historic buildings, but also we didn't want
19 it to be a burden on the neighborhood by
20 creating a blighting condition on the
21 neighborhood.
22 Trust me, a lot of these buildings right
23 now are a blighting condition on the
24 neighborhood. That's in large part the reason
25 why they're in the trouble that they're in.
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1 What this would require, though, is -- it
2 would give the -- it would require the property
3 owner -- because -- keep in mind, this is an
4 enforcement alternative. So what the property
5 owner is doing is they're saying, "Okay, City.
6 Don't come and take enforcement action against
7 me. But in exchange for that, I'm going to do
8 this other stuff," and what that other stuff
9 is, is it's -- it requires them to board up the
10 windows in a lot of instances; to paint the
11 structure; to make it look, you know, as
12 presentable as possible from kind of the street
13 front so that it does actually minimize the --
14 the negative view of the building to the extent
15 that you can.
16 I mean, you've got to understand that
17 these are going to be vacant buildings, but --
18 you know, it was an attempt to try and balance
19 the overall intent of historic preservation
20 with, you know, the -- the economics of -- the
21 realities of the housing market right now and
22 that the finances just aren't there to be able
23 to fix it up the way that the Code folks want
24 them to.
25 C/M REDMAN: I take it Code Enforcement
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1 had deemed this property a hazard and condemned
2 it?
3 MR. TEAL: (Nods head.)
4 C/M REDMAN: And ordered that it be torn
5 down?
6 MR. TEAL: Well, what they do is they give
7 the property owner kind of the -- the difficult
8 choice of, fix it up in its entirety or tear it
9 down. That's the only way that you can bring
10 it into compliance with Chapter 518, but the --
11 kind of the misnomer that's out there is it's
12 not just making it -- you know, to make the
13 Code folks happy, you can't just make the
14 building presentable. Their issues go to the
15 wiring is inappropriate, the plumbing is bad,
16 there's no kitchen, there's no bathroom. So it
17 takes a significant financial investment to
18 correct all of the problems that Property
19 Safety has. So it's not a matter of just slap
20 a coat of paint on it, put a new roof on it,
21 and, you know, make sure that the windows work.
22 It's a lot more involved than that, and that's
23 the thing that the property owners simply can't
24 afford to do at this point in time.
25 C/M REDMAN: Okay. I realize that, but
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1 would the property owner -- does he not want to
2 tear it down or --
3 MR. TEAL: A lot of times the property
4 owner does not want to tear it down because --
5 keep in mind, when they purchased these
6 properties, they bought them as an investment,
7 because the historic homes, you know, once
8 they're refurbished, they actually hold their
9 value a lot better than other residential
10 structures do simply because of the niche of
11 living in a historic home, the uniqueness of
12 it. And so, from that standpoint, they are
13 basically presented with the difficult choice
14 of -- I don't want to have these
15 hundred-dollar-a-day fines keep rolling up on
16 me because I can't afford to pay what it's
17 going to cost to refurbish the building, but I
18 really don't want to tear it down either, you
19 know, because I have this investment and I
20 would really like to be able to save this
21 building, and so they've got -- really the
22 choice was so extreme between how much is it
23 going to cost me to fix it up and I really
24 don't want to tear it down.
25 What this does is this gives them a third
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1 choice, which is to say, okay, do a minimal
2 amount of effort on this, but -- and then you
3 can have, you know, the five years of the
4 mothballing period and, you know, we'll see
5 where the market is at that point in time.
6 C/M REDMAN: Now, I don't know where this
7 property is located, but I know in some cases,
8 when you have residents living around houses
9 like this and you -- you know, the neighbors
10 are not going to want a boarded-up house or
11 more than one boarded up house. Is there more
12 than one house?
13 MR. TEAL: There are a lot of houses in
14 this condition, yes, sir.
15 C/M REDMAN: Okay. Are we talking about
16 this happening to a lot of houses in one
17 neighborhood?
18 MR. TEAL: The idea is -- is hopefully
19 that it would. Really what you've got is --
20 and keep in mind that this idea really started
21 from the residents of Springfield. You know,
22 the folks that live in Springfield
23 understand -- I mean they, themselves, in most
24 instances, bought houses that looked like this
25 at one point in time and they fixed them up,
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1 and so they're -- basically they understand
2 what it takes in order to fix these things up
3 but they also understand the value of the
4 historic homes because -- keep in mind, that
5 the value of the historic district is what
6 creates the economic value of their properties
7 as well. And so if a lot of these houses start
8 going away, the value of the historic district
9 goes away too. So, in essence -- in large part
10 it's to protect their own investment as well.
11 They want to see these houses succeed because
12 it increases the property values of their own
13 houses.
14 C/M REDMAN: Would -- this particular
15 bill, would it interfere with someone who had a
16 house that had been condemned in order to tear
17 it down and they want to tear it down? Would
18 this impede their ability to do that?
19 MR. TEAL: No, sir. No, sir.
20 There is a process that's outlined in
21 chapter 307 of the ordinance code as to how you
22 go about requesting the ability to tear down a
23 structure. This in no way affects that. All
24 this does is it gives, like I said, the third
25 option of creating this kind of middle ground,
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1 if you will, for -- from an enforcement
2 standpoint.
3 C/M REDMAN: Thank you, Mr. Teal.
4 MR. TEAL: You're welcome, sir.
5 THE CHAIRMAN: All right. Mr. Lumb.
6 C/M LUMB: Though the Chair to Mr. Teal,
7 one of the purposes of this legislation is to
8 prevent the properties from deteriorating to
9 the point where they have to be torn down,
10 correct?
11 MR. TEAL: That's correct.
12 C/M LUMB: That's one of the -- that's the
13 goal here?
14 MR. TEAL: Right.
15 C/M LUMB: And I didn't ask this question
16 earlier in RCD, but the -- it occurs to me. If
17 someone has their property mothballed or they
18 get mothball status, are they permitted to
19 still -- for example, say they stabilized, they
20 do the structural repairs necessary to
21 stabilize the building, make sure the roof
22 isn't leaking, during the mothball period, they
23 can make improvements to the interior of the
24 building, correct?
25 MR. TEAL: They --
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1 C/M LUMB: They can go forward bit by bit?
2 It just gives them more time to accomplish
3 that without incurring these $100-a-day fines,
4 correct?
5 MR. TEAL: That's correct, yes, sir.
6 C/M LUMB: Thank you.
7 THE CHAIRMAN: Okay. Ms. Boyer.
8 C/M BOYER: Mr. Teal, just to clarify,
9 this is purely optional, at the election of a
10 property owner; is that correct?
11 MR. TEAL: That's correct.
12 C/M BOYER: So they would have to choose
13 to participate in the program and want to be
14 part of the mothballing program if they chose
15 to do that? It wouldn't affect their ability
16 to ignore a property if they so chose?
17 MR. TEAL: This is a purely voluntary
18 approach. The property owner will incur a
19 burden, you know, of having to do the initial
20 work, for example, but then also having to
21 maintain the property during this five-year
22 period. It is a voluntary approach, again, but
23 it's for the purpose of avoiding, you know, the
24 big stick of our Code Enforcement guys coming
25 out.
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1 C/M BOYER: And I understand from the
2 standpoint of blight, in -- at least in the
3 Springfield circumstance where this arose, that
4 many of the condemned and demolished properties
5 that have now become vacant lots, the vacant
6 lot is in and of itself a blight because
7 there's a lot of trash on it, there are people
8 hanging out there; is that correct? Is that
9 one of the purposes --
10 MR. TEAL: That's correct.
11 What we see a lot is that our Code
12 Enforcement office then has to kind of refocus,
13 if you will. It's not on the building, it's
14 now on the lot. So the properties aren't being
15 maintained, so the grass is high. People are
16 throwing trash on the properties, vagrants are
17 hanging out on the properties. So it's not to
18 say that if you get rid of the building that
19 that's going to solve your problem. It just
20 kind of redirects it.
21 What this would do is to keep the ongoing
22 maintenance requirement and actually have the
23 property owner assume some ownership over it,
24 where a lot of times they get in over their
25 heads and they see this fine keep rolling up,
Diane M. Tropia, Inc., P.O. Box 2375, Jacksonville, FL 32203
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1 but they can't afford to fix it up, so they
2 just bury their head in the sand and, you know,
3 the problem just -- it snowballs out of their
4 control at that point.
5 THE CHAIRMAN: Okay. I have no other
6 questions.
7 Do I have a motion --
8 C/M LOVE: Move the bill.
9 THE CHAIRMAN: -- and a second?
10 C/M HOLT: Second.
11 THE CHAIRMAN: Okay. I have a motion and
12 second. A motion by Mr. Love, second by
13 Mr. Holt.
14 Any discussion?
15 COMMITTEE MEMBERS: (No response.)
16 THE CHAIRMAN: Seeing no discussion, open
17 the ballot, record the 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.)
Diane M. Tropia, Inc., P.O. Box 2375, Jacksonville, FL 32203
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1 (Committee ballot closed.)
2 MS. LAHMEUR: Seven yeas, zero nay.
3 THE CHAIRMAN: Okay. By your actions, you
4 have approved 2011-408.
5 MR. TEAL: Thank you, Mr. Chairman.
6 THE CHAIRMAN: Thank you, Mr. Teal.
7 Okay. Item number 9, 2011-415, deferred.
8 2011-416 is deferred.
9 At the top of the page of number 5, public
10 hearing, 2011-417. If we can declare our
11 ex-parte communication first.
12 Do we have anyone on --
13 COMMITTEE MEMBERS: (No response.)
14 THE CHAIRMAN: No one on the speaker
15 queue. We're going to open the public hearing.
16 MR. CROFTS: Staff report.
17 THE CHAIRMAN: Okay. I'm sorry, yes, the
18 staff report prior to opening the public
19 hearing.
20 If we can have Mr. Crofts do the staff
21 report first.
22 Thank you.
23 MR. CROFTS: Item 11, 2011-417, is a
24 Notice of Proposed Change in the location in
25 distribution of land uses in the Villages of
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1 Argyle Development of Regional Impact, which
2 was originally developed as one of the first
3 DRIs in the state of Florida, actually in 1974,
4 with several thousand acres of land in Duval
5 County and Clay County, but this modification
6 only affects portions of land in Duval County.
7 Also, it should be pointed out that this
8 land swap agreement really sets forth and is
9 consistent with a previous ordinance, 2011-295,
10 that this council approved, which reflected a
11 swap of land, basically parcel 31 to be
12 transferred from the City to AFI Associates for
13 comparable land in parcel 51 to be transferred
14 to the City for an expanded park and
15 recreational facility.
16 In summary, the property change in this
17 legislation includes the following adjustments
18 in Map H of the DRI documentation:
19 First, parcel 31 will become designated
20 General Commercial, and those entitlement
21 rights will be transferred to the hunting
22 preserve and be established in a new parcel 51
23 and include 19 acres of additional land for an
24 expanded park.
25 Number 2, parcel 26 within the DRI will be
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1 converted from High Density Residential to a
2 Mixed Use to allow for the development of
3 General Commercial, to allow for a greater
4 variety of commercial and residential uses.
5 And, finally, of course, to repeat,
6 parcel 51 will be established to allow for the
7 new and expanded park on Map H.
8 Just in conclusion and for footnoting, the
9 proposed NOPC will not result in an increase in
10 the amount of permitted residential units or
11 actually an increase in the nonresidential
12 square footage.
13 It is important to note that the Northeast
14 Florida Regional Council has reviewed this --
15 these proposed changes and concludes there's no
16 additional regional impacts and recommends
17 approval. It does not constitute or raise to
18 the level of what is defined as a substantial
19 deviation by state law.
20 And, finally, our staff, our
21 Transportation staff has reviewed this proposal
22 with no objections. And assuming the
23 appropriate assignment of development rights
24 occur and the appropriate tracking and
25 monitoring reports are realized, the Planning
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1 and Development Department staff recommends
2 approval.
3 THE CHAIRMAN: Okay. We're going to open
4 the public hearing. We have one speaker,
5 Mr. Paul Harden.
6 (Mr. Harden approaches the podium.)
7 MR. HARDEN: Thank you, Mr. Chairman.
8 THE CHAIRMAN: If you could give your name
9 and address for the record, please.
10 MR. HARDEN: Paul Harden, 501 Riverside
11 Avenue. I represent AFI.
12 I think everybody up here has head this
13 except maybe Councilman Lumb. It's a piece of
14 property. One piece is in Councilman Holt's
15 district. One piece was in Councilman
16 Corrigan, now Councilman Love's district. And
17 I know Ms. Boyer was sitting right there
18 (indicating) when we did it last time, so I
19 think she knows the -- the drill. So I'll go
20 through it, but I'll try to be peripheral if
21 anybody has any questions.
22 The City owned a piece of property that
23 was about nine acres in size. They had it
24 designated for a park. It really wasn't of a
25 size usable for a park. My clients owned
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1 50 acres about a quarter of a mile down the
2 road. And I have a map if you want to see.
3 It's a part of your package, but here's where
4 the old park was (indicating), here is the new
5 proposed park.
6 What we proposed and the City Council
7 approved in the -- the last group of City
8 Council members is for AFI to take this
9 property and swap it with the City so that
10 they -- the City will now have 80 contiguous
11 acres so they can develop a regional park at
12 this location.
13 During the legislation consideration on
14 the swap, two things came up. There was a
15 request that we appraise the properties to make
16 sure they were of equal value. The property
17 you're getting appraised at about -- at
18 $500,000 more than the property you're giving
19 up. And I won a bet from Councilman Carter on
20 that.
21 And then, in addition to that,
22 Councilman Crescimbeni requested that before
23 the swap take place that we rezone -- using his
24 words -- the property so that your property
25 could be used for a park and our piece for
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1 commercial development.
2 The process is not quite a rezoning
3 because it's in a DRI. And, as Mr. Crofts
4 says, this is the first step of amending that
5 DRI. This is a Notice of Proposed Change,
6 which changes the development order that
7 controls the DRI. So the development order
8 will now designate the piece that AFI will own
9 for commercial development and the piece that
10 the City will own when the swap occurs for a
11 park use.
12 You will also hear a future land use map
13 amendment, which will be required down the
14 road. That's -- that will be another 30, 60
15 days down the road, but suffice it to say this
16 process is intended to put the piece that the
17 City is acquiring into use. They want to use
18 it for the piece that AFI is acquiring into the
19 use that AFI wants to use it for before the
20 actual swap occurs. We've done most of the due
21 diligence, we've traded documents, so we're
22 about ready to go. So once the zoning occurs,
23 then the swap will occur.
24 Other than that, I'll be happy to answer
25 any questions.
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1 THE CHAIRMAN: Okay. What I want to do
2 right now is -- did you have a question? I
3 wanted to close the public hearing.
4 MR. HARDEN: Okay.
5 THE CHAIRMAN: Let me close the public
6 hearing, then we're going to open it up for
7 committee discussion.
8 I have Mr. Love on the queue.
9 C/M LOVE: I'd just like to report
10 ex-parte with Paul Harden. At our Argyle
11 community meeting, we talked about this land
12 swap.
13 THE CHAIRMAN: Okay. Do we have any
14 other --
15 MR. CARTER: I talked to Mr. Harden about
16 this.
17 THE CHAIRMAN: Okay. Mr. Dylan, did you
18 have something you wanted me --
19 MR. REINGOLD: Just a reminder to the
20 committee -- and certainly on an item like
21 this, it's obviously not a big deal, but it's
22 important to do the ex-parte communications
23 before the public hearing occurs. That way, in
24 case there was opposition, they would know --
25 or some other side, they would be aware of it,
Diane M. Tropia, Inc., P.O. Box 2375, Jacksonville, FL 32203
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1 but on this type of situation, luckily it was
2 not an issue.
3 THE CHAIRMAN: Okay. No other questions.
4 Do I have a motion?
5 C/M HOLT: Move the bill.
6 C/M CARTER: Second.
7 THE CHAIRMAN: Okay. I have a motion by
8 Mr. Holt, second by Mr. Carter.
9 Any discussion?
10 COMMITTEE MEMBERS: (No response.)
11 THE CHAIRMAN: Seeing no discussion, open
12 the ballot, record your vote.
13 (Committee ballot opened.)
14 C/M BROWN: (Votes yea.)
15 C/M HOLT: (Votes yea.)
16 C/M BOYER: (Votes yea.)
17 C/M CARTER: (Votes yea.)
18 C/M LOVE: (Votes yea.)
19 C/M LUMB: (Votes yea.)
20 C/M REDMAN: (Votes Yea.)
21 (Committee ballot closed.)
22 MS. LAHMEUR: Seven yeas, zero nay.
23 THE CHAIRMAN: Okay. By your actions, you
24 have approved 2011-417.
25 Item 12, 2011-428. We have Mr. Williams.
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1 Mr. Williams, if you can come on down.
2 (Audience member approaches the podium.)
3 THE CHAIRMAN: And before you get started
4 and get your name and address for the record,
5 did we straighten out, Mr. Dylan, the concern
6 that Ms. Boyer had in the first sentence, if
7 you will, "open and improved portion?"
8 MR. REINGOLD: I have not had an
9 opportunity to address the issue with our real
10 estate staff; however, Mr. Williams is here and
11 certainly can adequately represent the Real
12 Estate Division.
13 THE CHAIRMAN: Okay. Before you get
14 started, let me ask Ms. Boyer, did you want to
15 explain your position or concern prior to
16 Mr. Williams?
17 C/M BOYER: I have spoken to Ms. -- I have
18 spoken to Heather, and we -- I have a proposed
19 amendment to correct the question that existed,
20 but I'll explain it to Mr. Williams.
21 There was a question concerning the
22 language in here that said the roadway that
23 we're abandoning is open and improved. And in
24 the fact sheet it said it was not opened and it
25 was unimproved, and so I was trying to get
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1 clarification as to which was the case, and I
2 understand it is a right-of-way and I have an
3 amendment to correct that.
4 AUDIENCE MEMBER: I understand.
5 THE CHAIRMAN: Thank you.
6 Okay. Mr. Williams.
7 AUDIENCE MEMBER: Yes, I'm Bob Williams.
8 Good afternoon, Mr. Chairman.
9 I'm your real estate officer. I'm pleased
10 to be here at the LUZ Committee. It's not
11 often that I do get here. As you know, most of
12 the -- a vast amount of the closures are routed
13 through the TEU Committee, as this bill as well
14 has already been and voted to approve.
15 I assume, briefly, that this bill is here
16 because of what Councilman Boyer just talked
17 about in regard to, as it is outlined in the
18 agenda of yours, the contingency on the PUD
19 being recognized and adhered to.
20 THE CHAIRMAN: Okay. I don't have any
21 other questions.
22 Do we have someone that -- you wanted to
23 make a -- a motion for the amendment?
24 C/M BOYER: I do.
25 THE CHAIRMAN: You want to make --
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1 C/M BOYER: (Inaudible.)
2 THE CHAIRMAN: No public hearing, and then
3 if we could get someone to second it.
4 C/M BOYER: Yes.
5 I'd like to move that we amend ordinance
6 2011-428 by substituting in line 2, in lieu of
7 the language that says "an opened and improved
8 portion of," the language that says "a portion
9 of the right-of-way on."
10 C/M HOLT: Second.
11 THE CHAIRMAN: Okay. We have a motion and
12 a second for the amendment.
13 All in favor of the amendment, say yea.
14 COMMITTEE MEMBERS: Yea.
15 THE CHAIRMAN: All opposed.
16 COMMITTEE MEMBERS: (No response.)
17 THE CHAIRMAN: The amendment passes.
18 Okay. We have a motion to move -- go
19 ahead, Mr. Dylan.
20 MR. REINGOLD: To the committee, if I may,
21 on the amendment, I kind of hear that amendment
22 as a little bit more broad, as -- that can be
23 done throughout the document and not just on
24 that specific line. I'm just not sure where
25 throughout the bill it's referenced, but that
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1 that change would be made consistent
2 throughout.
3 THE CHAIRMAN: Ms. Boyer.
4 C/M BOYER: That would be correct.
5 THE CHAIRMAN: That would be correct.
6 Okay. Thank you.
7 Okay. Make sure that we had it -- we had
8 a motion by Mr. Carter [sic] and a second by
9 Mr. Holt.
10 C/M CARTER: (Inaudible.)
11 THE CHAIRMAN: Move the bill? No, we
12 already moved the bill. Actually, we're
13 voting -- we're getting ready to vote on it
14 now. We already moved the amendment.
15 All right. So now we're -- we have a
16 motion and a second for the bill. We have no
17 discussion.
18 Open the ballot and 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.)
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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. By your actions, you
5 have approved item 2011-428.
6 That bill was -- for the record, it was a
7 motion made by Mr. Carter and second by
8 Mr. Holt.
9 MR. REINGOLD: As amended.
10 THE CHAIRMAN: As amended.
11 Thank you.
12 MR. WILLIAMS: Thank you, Mr. Chairman.
13 THE CHAIRMAN: Thank you.
14 Item 13, 2011-443, second and rerefer.
15 And 2011- -- item 14, 2011-491, second and
16 rerefer.
17 Have we covered everything on the agenda?
18 Do we have any questions at this time?
19 COMMITTEE MEMBERS: (No response.)
20 STAFF MEMBERS: (No response.)
21 THE CHAIRMAN: We have not.
22 Meeting is adjourned.
23 Thank you.
24 (The above proceedings were adjourned at
25 5:55 p.m.)
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1 CERTIFICATE
2
3 STATE OF FLORIDA)
)
4 COUNTY OF DUVAL )
5
6
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.
12
13
14
15 DATED this 7th day of August, 2011.
16
17 ___________________________
18 Diane M. Tropia
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Diane M. Tropia, Inc., P.O. Box 2375, Jacksonville, FL 32203