CITY OF JACKSONVILLE
LAND USE AND ZONING
COMMITTEE
Proceedings held on Tuesday, July 19,
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:
STEPHEN JOOST, President, City Council.
JOHN CROFTS, Deputy Director, Planning Dept.
SEAN KELLY, Chief, Current Planning.
FOLKS HUXFORD, Zoning Administrator.
KEN AVERY, Planning and Development Dept.
STEPHEN SMITH, 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
July 19, 2011 5:00 p.m.
2 - - -
3 THE CHAIRMAN: Good afternoon.
4 My name is Reginald Brown, chairman for
5 the Land Use and Zoning Committee.
6 Today's date is July 19th. The time now
7 is 5 o'clock. The meeting is now open.
8 Before I get started with the
9 introductions, what I would like to do is allow
10 our council president to share a few words with
11 us.
12 Thank you.
13 PRESIDENT JOOST: Thank you, Mr. Chairman.
14 Good to be here, but this will be the last
15 LUZ meeting probably since I've been on this
16 committee for over three years now.
17 And, actually, it's been -- to me, it's
18 been one of the best committees to serve on
19 because it's -- a lot of times it's just
20 ordinary folks coming up with problems that
21 they need resolved, and -- and one of the
22 things I think the committee -- sometimes we
23 get -- we get stuck in what I call
24 "either-or scenarios," like, for example, I can
25 remember a small zoning we had out in Mandarin
3
1 where we had a piece of -- it's kind of like
2 shaped like that (indicating), and so there
3 wasn't enough frontage on the road front, and
4 the person wanted to divide it. It was plenty
5 big enough. He wanted to divide it, but
6 because there wasn't enough frontage -- road
7 frontage, we were going to deny it.
8 So, finally, I -- I can remember somebody
9 said, finally, "Well, why don't we just do a
10 shared driveway between the two parcels?" I
11 think it may have been Art Graham when he was
12 chair. And just thinking outside the box, I --
13 you know, I remember looking at Dylan. He was
14 like, "Yeah, yeah." And so --
15 And I can remember another one we had in
16 Avondale where the poor lady put the wrong size
17 window panes in, and -- and so she was
18 appealing. She spent, like, $60,000 doing
19 that. And so, of course, the historical
20 society said, "No, you put in the wrong window
21 panes; it's not up to code; you've got to take
22 them out."
23 And, so you know, it's not a big -- it
24 wasn't a big deal in the scheme of things to
25 the City, but it was a big, big deal to that
4
1 lady, you know? And I could remember just kind
2 of trying to find a solution and say -- and
3 you'll find you have latitude in a lot of the
4 decision making, and so it wasn't -- you know,
5 again, you got caught in the either-or, either
6 they stay or either -- she's got to pull them
7 out, you know, and lose that $60,000, and so we
8 just started thinking -- I can remember that
9 night -- and say, "Well, why don't we let her
10 at least leave them in for" -- I think it was
11 three or four years or whatever, and try to
12 amortize the cost, and eventually she -- you
13 know, give her a time certain when they have to
14 be taken out, but at least give her some
15 breathing room to recover the rent.
16 You know, and everybody left mad at that
17 meeting because the historical society didn't
18 like it; they wanted the windows out
19 immediately. And she wanted to leave them in
20 permanently. But I think we found a middle
21 ground, and -- and so, you know, my point is
22 it's not always either-or; you know, either you
23 leave them in or either you do this. A lot of
24 times you can find a solution, and so we'll --
25 You know, you'll face a lot of problems
5
1 that, like I said, aren't, like, huge in
2 comparison to, like, our billion-dollar budget
3 for the City, but they're -- they're very
4 important issues to the individuals that come
5 here.
6 And so in that regard, this committee is
7 one of the -- one of the committees where you
8 can really use your imagination, you know, and
9 think a problem out. And so, to me, it's been
10 one of the more fun committees, if you will,
11 because you'll get, like, these -- these
12 appeals where the neighborhood association may
13 not have liked something or -- you get a lot of
14 appeals with these historical societies. And,
15 to me, it's kind of been fun, you know, and you
16 really learn about zoning and how important it
17 is to the city.
18 So I would just encourage -- you know, use
19 the talent -- you know, your God-given talent.
20 Don't always get caught up in the -- like one
21 side presents one argument, the other side
22 presents the other, and it's like you've got to
23 choose between what I call the either-or
24 fallacy of logic. Sometimes you can't find
25 that middle ground and come up with a good
6
1 solution, and -- and so this is when it -- to
2 me, one of the best committees to be on,
3 although it's at night, so -- that's the only
4 downside.
5 But, you know, have fun with it. You're
6 going to learn a lot about different zoning
7 matters. I've learned more about window panes
8 and different types of -- you know, different
9 types of housing. And I can remember that one
10 time the -- the lady in Avondale was trying to
11 build a garage. That was this year. You know,
12 and I think we finally came up with a good
13 solution. And so you'll learn more about
14 garages, window panes, what kind of, you know,
15 roofing you can have, and so you'll learn a lot
16 in this committee.
17 So, with that, I bid you farewell and good
18 luck. And, you know, like I said, I'm in the
19 corner office if you need me, but it will be
20 fun and you'll learn a lot, so thank you.
21 THE CHAIRMAN: Thank you.
22 Okay. If we could -- I stated earlier, my
23 name is Reginald Brown.
24 If we can start with Mr. Crofts and go
25 around and introduce ourselves.
7
1 Thank you.
2 MR. CROFTS: Good evening.
3 My name is John Crofts, and I'm
4 representing the Planning and Development
5 Department.
6 MR. KELLY: Sean Kelly, Planning and
7 Development.
8 MR. HUXFORD: Folks Huxford, Planning and
9 Development.
10 MR. AVERY: Ken Avery, Planning and
11 Development.
12 MR. REINGOLD: Dylan Reingold with the
13 Office of General Counsel, and just excited
14 about a new year working with my new
15 LUZ Committee.
16 C/M BOYER: Lori Boyer, City Council,
17 District 5.
18 C/M REDMAN: Don Redman, District 4.
19 C/M CARTER: Doyle Carter, District 12.
20 C/M HOLT: Ray Holt. I'm Ken Avery's
21 district council member.
22 C/M LOVE: Jim Love, District 14. I'm
23 Robin Lumb's City Councilman.
24 C/M LUMB: I hate to tell you this, but no
25 you're not. It's Warren Jones.
8
1 Robin Lumb, Group 5, at-large.
2 THE CHAIRMAN: All right. Thank you.
3 I have a few --
4 MR. REINGOLD: (Indicating.)
5 THE CHAIRMAN: Okay. Dylan.
6 MR. REINGOLD: Through the Chair, I'd also
7 just like to acknowledge that we have
8 Steve Cassada and Merriane Lahmeur and also
9 Diane Tropia with us as well.
10 THE CHAIRMAN: Thank you so much.
11 And, in fact, that's an excellent segue.
12 I have at least three items that I would like
13 to -- in terms of housekeeping, prior to
14 getting started.
15 The first thing is that you will find with
16 you copies of this quasi-judicial ex-parte
17 communication. If you have had -- and Dylan is
18 going to go over it with us shortly, but you
19 have it there, and we'll give you an
20 explanation as to when and how it's used. Not
21 that we're taking it for granted that you don't
22 know, but we just want to have it for the
23 record so we can all be on one accord.
24 The second thing is that -- if you turn to
25 page 3, item number 4, 2011-252 -- I had a
9
1 chance to speak with Councilwoman Boyer. She's
2 agreed to chair on this committee, and we're
3 going to need at least two volunteers. And I
4 would leave that up to Ms. Boyer to identify
5 two folks from our committee to work with you
6 on this particular item and then notify
7 Mr. Reingold as well as John Crofts as to who
8 is going to be on this committee so we can get
9 our marching orders.
10 The last thing I want to talk about is
11 that we do have Diane here with us, and we have
12 to be mindful that -- because she's doing a lot
13 of typing and I want to be clear about stating
14 our names for the record. I want to be clear
15 about everything, and not having sidebar
16 conversations because it's important that she
17 type this information as accurate as possible,
18 but also, we're going to have to
19 occasionally -- somewhere around the two
20 hour -- if she says that she needs a break,
21 we're going to have to take a break, so just be
22 mindful of that.
23 Okay. Let's jump to the order of
24 business. If we can go to page 2 -- no, I'm
25 sorry.
Diane M. Tropia, Inc., P.O. Box 2375, Jacksonville, FL 32203
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1 Mr. Dylan, you had some things you wanted
2 to go over first.
3 Thank you.
4 MR. REINGOLD: Thank you, Chair.
5 First off, you will see in front of you --
6 I've handed out a quasi-judicial ex-parte
7 communication disclosure guideline that you can
8 use in the future going forward.
9 If you have conversations with anybody,
10 not just applicants or lobbyists but anybody
11 concerning a particular quasi-judicial bill,
12 you can utilize this form to help you kind of
13 memorialize for yourself the key issues that
14 you need to identify because what we're going
15 to ask for you tonight is -- before every
16 quasi-judicial item -- and you will note that
17 on your agenda. It will say "ORD-Q," that you
18 need to disclose your ex-parte communications,
19 and it's very simple. All we need is just
20 three things: who did you meet with, when did
21 you meet with them, and a discussion of what
22 you spoke about.
23 The Office of General Counsel really
24 appreciates as much detail as you can provide
25 with respect to what you talked about on
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1 issues. Just stating that you talked about the
2 PUD isn't helpful enough. But if you can say
3 you spoke about the buffer, if you spoke about
4 the height, you spoke about the types of uses
5 being proposed, that would be quite helpful.
6 And the other item that's important is
7 that it occur before the public hearing starts.
8 So either when the item is announced,
9 2011-3- -- whatever it is -- if you can say,
10 "I've got ex-parte communications to disclose,"
11 that would be an appropriate time. Even when
12 staff then gives its report and before we open
13 the public hearing, you can also disclose your
14 ex-parte communications at that time. That
15 would be appropriate.
16 And, with that, I turn it back to the
17 Chair.
18 THE CHAIRMAN: All right. Do we have any
19 questions?
20 COMMITTEE MEMBERS: (No response.)
21 THE CHAIRMAN: If not, at this time, let's
22 go to page 2. Item number 1 is 2010-670 --
23 C/M HOLT: Move the bill.
24 C/M BOYER: Second.
25 THE CHAIRMAN: Okay. We have a motion to
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1 withdraw from Holt, second from Boyer.
2 Open the ballot and record the 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 CARTER: (Votes yea.)
8 C/M LOVE: (Votes yea.)
9 C/M LUMB: (Votes yea.)
10 C/M REDMAN: (Votes Yea.)
11 (Committee ballot closed.)
12 MS. LAHMEUR: Seven yeas, zero nay.
13 THE CHAIRMAN: By your actions, we have
14 approved --
15 MR. REINGOLD: Withdrawn.
16 THE CHAIRMAN: -- I'm sorry. Thank you.
17 By your actions, we have withdrawn item
18 number 2010-670.
19 Item number 2, 2011-158. Let's open the
20 public hearing.
21 Do we have any speakers?
22 MS. LAHMEUR: No.
23 MR. CROFTS: Mr. Chairman -- this is
24 Mr. Crofts -- with your concurrence, I'd like
25 to go ahead and give the staff report first,
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1 then open the public hearing, and then -- or
2 actually declare ex-parte communications after
3 I give my report.
4 MR. REINGOLD: (Inaudible.)
5 MR. CROFTS: Okay. This is legislative,
6 yes.
7 But anyway, I thought maybe it would be
8 beneficial to hear the report of the staff and
9 then go forward with it.
10 THE CHAIRMAN: Mr. Crofts, go ahead.
11 MR. CROFTS: Okay. And I'd like to go
12 ahead, with your concurrence, to do that for
13 items 2 and 3 since they're companion
14 legislation.
15 THE CHAIRMAN: Okay.
16 MR. CROFTS: One is the small scale land
17 use amendment and one is the companion
18 rezoning.
19 Ordinances 2011-158 and -159, which I've
20 said before, are companion small scale
21 amendments to the future land use map series of
22 the comprehensive plan from LDR -- we get into
23 the nomenclature here and the acronyms -- LDR,
24 Low Density Residential, to LI or Light
25 Industrial. And, of course, the
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1 corresponding -- it's a rezoning application,
2 which is from RR, Rural Residential Acre, to
3 IL, Industrial Light, on 5.10 acres of property
4 located at 9816 Moncrief-Dinsmore Road in
5 Council District 8.
6 These requests were referred back to the
7 LUZ Committee at a City Council public hearing
8 in April -- April 26th, 2011, at the request of
9 the district councilperson due to some
10 clarification to the intended use of
11 development of the property as well as some
12 communication issues and breakdown.
13 I'm of the opinion that these issues have
14 been resolved and that the intended use in this
15 application, which is something other than a
16 warehouse use, has been appropriately
17 identified to an outdoor storage nature, and
18 along with a -- if you look at your application
19 of the map, there's actually been a 50-foot
20 buffer that's been created, that's been deleted
21 out of the legal, this particular proposal,
22 which gives a 50-foot buffer to the adjacent
23 uses to the north and to the east. That, along
24 with the 10-foot uncomplementary buffer, in our
25 opinion, would provide a satisfactory
Diane M. Tropia, Inc., P.O. Box 2375, Jacksonville, FL 32203
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1 protection for the lesser intense land use to
2 the north and east.
3 Also, I'd like to point out that the
4 orientation of this property is to the west
5 from Moncrief-Dinsmore Road.
6 The Department has reviewed both of these
7 ordinances, these applications, and found them
8 to be consistent with the comprehensive plan
9 from the standpoint that it promotes viability
10 and compatibility, it achieves infill, it
11 creates a compactness, and is consistent
12 generally with the character of the area.
13 We've looked at it from the standpoint of
14 its impacts, again, and staff recommends
15 approval of both of these items.
16 THE CHAIRMAN: Do I have any questions?
17 COMMITTEE MEMBERS: (No response.)
18 THE CHAIRMAN: None.
19 Okay. I have here -- make sure I'm
20 pronouncing this right. It appears to be
21 Henry Vorpe?
22 (Audience member approaches the podium.)
23 AUDIENCE MEMBER: Yes, Mr. Chairman.
24 MR. REINGOLD: To the Chair, as Mr. Crofts
25 said, we kind of opened up the discussion for
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1 both 2011-158 and 2011-159. -159 is a
2 quasi-judicial item, so now would be the
3 appropriate time to have ex-parte
4 communications on that.
5 THE CHAIRMAN: Before we hear from
6 Mr. Vorpe, do we have anyone that would like to
7 declare ex-parte?
8 COMMITTEE MEMBERS: (No response.)
9 THE CHAIRMAN: Okay.
10 AUDIENCE MEMBER: Henry Vorpe, 9283
11 San Jose Boulevard, representing the owner, who
12 is present.
13 There was just some problems with the
14 councilperson last time, and Mr. Crofts was
15 kind enough to help us work through those.
16 I'm just here to answer any questions, if
17 anybody has any questions about the
18 application.
19 THE CHAIRMAN: All right. Thank you.
20 Can we get a motion?
21 MR. REINGOLD: (Inaudible.)
22 THE CHAIRMAN: Okay. We're going to close
23 the public hearing.
24 Can we get a motion?
25 C/M HOLT: Move the bill.
Diane M. Tropia, Inc., P.O. Box 2375, Jacksonville, FL 32203
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1 C/M REDMAN: Second.
2 THE CHAIRMAN: Okay. We have a motion by
3 Mr. Holt, second by Mr. Redman.
4 Open the ballot and record the vote.
5 MR. REINGOLD: And that's on 2011-158.
6 THE CHAIRMAN: And that's on -- we're
7 going to vote separately, so we -- so we're
8 moving -158 -- 2011-158.
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 years, zero nay.
19 THE CHAIRMAN: Okay. By your actions, you
20 have approved 2011-158.
21 Item number 3, 2011-159.
22 C/M HOLT: Move the bill.
23 C/M BOYER: Second.
24 THE CHAIRMAN: We have a motion by
25 Mr. Holt, second by Ms. Boyer.
Diane M. Tropia, Inc., P.O. Box 2375, Jacksonville, FL 32203
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1 Do we have any questions, any discussions?
2 COMMITTEE MEMBERS: (No response.)
3 THE CHAIRMAN: If not, open the ballot,
4 record the 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: Thank you for your time,
16 sir.
17 MR. VORPE: Thank you.
18 THE CHAIRMAN: Okay. Let's move to
19 page 3, item 2011-252. We're going to open the
20 public hearing.
21 Do we have any --
22 MS. LAHMEUR: No.
23 THE CHAIRMAN: We don't.
24 Okay. We're going to close the public
25 hearing and we're going to continue that --
Diane M. Tropia, Inc., P.O. Box 2375, Jacksonville, FL 32203
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1 we're going to continue that until 2011,
2 October 4th, and there's no further action.
3 We already discussed the subcommittee.
4 Let's move on to number 5, 2011-340. Do
5 we have anyone, first of all, that would like
6 to declare ex-parte?
7 COMMITTEE MEMBERS: (No response.)
8 THE CHAIRMAN: Okay. If not, Mr. Crofts.
9 MR. CROFTS Mr. Kelly will do this one.
10 THE CHAIRMAN: Mr. Kelly will do that one?
11 Okay.
12 MR. KELLY: Thank you.
13 To the Chair and to committee members,
14 ordinance 2011-340 seeks to rezone
15 approximately 38 acres of land. This is the
16 Cypress Village, assisted, age-restricted
17 community. They have a number of uses and
18 commercial uses on the premises that they use
19 in conjunction with their overall facility and
20 clubhouse and other uses.
21 This PUD rezoning seeks solely to amend
22 the written description to allow for the
23 introduction of alcohol for consumption on
24 premises, which would be in conjunction with
25 the restaurant and facilities at that location,
Diane M. Tropia, Inc., P.O. Box 2375, Jacksonville, FL 32203
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1 specific. There are no other changes to the
2 written description or the site plan.
3 There is an amendment to the legal
4 description, specifically limiting the PUD
5 rezoning to the boundary of real estate parcel
6 1677701005, and so we've got a revised legal
7 description that describes that parcel
8 specific, so it doesn't introduce that to the
9 rest of the residential areas within the PUD.
10 So, with that clarification, the
11 Department is recommending approval subject to
12 the three conditions as indicated in the
13 memorandum to Council President Joost, dated
14 June 30th, in your book, with that amendment to
15 the revised legal description, which will now
16 be dated July 19th.
17 THE CHAIRMAN: Okay. Thank you.
18 Do we have any questions?
19 COMMITTEE MEMBERS: (No response.)
20 THE CHAIRMAN: I don't see anyone on the
21 queue.
22 Stephanie Saylor.
23 (Audience member approaches the podium.)
24 THE CHAIRMAN: If you can give your name
25 and address for the record.
Diane M. Tropia, Inc., P.O. Box 2375, Jacksonville, FL 32203
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1 AUDIENCE MEMBER: Stephanie Saylor, 4600
2 Middleton Park Circle East, Jacksonville,
3 Florida 32224.
4 I'm here to represent Cypress Village.
5 We're a retirement community, an independent
6 living facility is particularly where the
7 restaurant is located. And our residents are
8 just like anyone else in this room; they'd like
9 to come home and have a drink in the evening.
10 They come to our restaurant for lunch and
11 for dinner, and this is where we would like to
12 give them the opportunity to get a beer, a
13 glass of wine. It's nothing that we're looking
14 at making a huge profit out of. It's just
15 something that we want to add as an amenity to
16 our residents.
17 Many of our residents do not drive. We
18 have a small convenience store, which is
19 adjacent to our restaurant, that sells soft
20 drinks, sandwiches, soup, salads, and we would
21 like to sell beer and wine there so that if a
22 resident would like to buy a bottle of wine,
23 they can, and that helps because they can't
24 drive.
25 That's pretty much it. We'd like your
Diane M. Tropia, Inc., P.O. Box 2375, Jacksonville, FL 32203
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1 support.
2 THE CHAIRMAN: All right. Thank you.
3 MS. SAYLOR: Thank you.
4 THE CHAIRMAN: Okay. Any other questions?
5 COMMITTEE MEMBERS: (No response.)
6 THE CHAIRMAN: If not, I'll close the
7 public hearing.
8 C/M BOYER: Move the amendment.
9 C/M REDMAN: Second.
10 THE CHAIRMAN: Okay. All in favor of the
11 amendment.
12 MR. REINGOLD: (Inaudible.)
13 THE CHAIRMAN: I'm sorry. Go ahead.
14 MR. REINGOLD: I think I heard an
15 amendment from Councilmember Boyer, second
16 from --
17 THE CHAIRMAN: Redman.
18 MR. REINGOLD: -- Councilmember Redman.
19 THE CHAIRMAN: Thank you.
20 MR. REINGOLD: And the amendment was -- as
21 the Planning Department staff described, was
22 the revised legal description dated July 19th,
23 2011, and that there would be a revised site
24 plan dated April 22nd, 2011.
25 THE CHAIRMAN: That's correct.
Diane M. Tropia, Inc., P.O. Box 2375, Jacksonville, FL 32203
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1 C/M BOYER: (Inaudible).
2 MR. REINGOLD: And Councilmember Boyer
3 properly corrects me. And add "LLC" to the
4 property owner name in the legislation.
5 THE CHAIRMAN: Okay. All in favor of the
6 amendment, say yea.
7 COMMITTEE MEMBERS: Yea.
8 THE CHAIRMAN: All opposed to the
9 amendment.
10 COMMITTEE MEMBERS: (No response.)
11 THE CHAIRMAN: The amendment passes.
12 C/M HOLT: Move the bill as amended.
13 C/M REDMAN: Second.
14 THE CHAIRMAN: I have a motion by
15 Mr. Holt, second by Mr. Redman.
16 Any discussions?
17 COMMITTEE MEMBERS: (No response.)
18 THE CHAIRMAN: Seeing no discussions, open
19 the ballot, record your vote.
20 (Committee ballot opened.)
21 C/M BROWN: (Votes yea.)
22 C/M HOLT: (Votes yea.)
23 C/M BOYER: (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: Six yeas, zero nay.
4 THE CHAIRMAN: Okay. By your actions, you
5 have approved item number 2011-340.
6 Item 6, 2011-341, is deferred.
7 We're going to open up the public hearing
8 and continue until August 2nd, 2011.
9 Going to page 4, item number 2011-342.
10 We're going to open the public hearing.
11 Do we have any -- no speakers?
12 MS. LAHMEUR: No.
13 THE CHAIRMAN: Okay. We're going to
14 continue the public hearing to August 2nd,
15 2011, no further action.
16 Item number 8, 2011-343. Anyone need to
17 declare quasi-judicial --
18 C/M BOYER: I do.
19 THE CHAIRMAN: -- ex-parte?
20 Please, for the record.
21 C/M BOYER: I have had ex-parte
22 communication --
23 THE CHAIRMAN: Use your mic, please.
24 C/M BOYER: Declaring ex-parte
25 communication today with Steve Diebenow
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25
1 regarding the substitute of a PUD application
2 for the original rezoning application in order
3 to limit the permissible uses of the property.
4 THE CHAIRMAN: Okay. Anyone else?
5 C/M REDMAN: Yes.
6 THE CHAIRMAN: Mr. Redman.
7 C/M REDMAN: Yes. I need to declare
8 ex-parte communication with Steve Diebenow a
9 month ago and today discussing this property
10 and the use of the property and the changes
11 that were -- are being made to the PUD. So we
12 had several different lengthy discussions on
13 it.
14 Thank you.
15 THE CHAIRMAN: All right. Mr. Carter.
16 C/M CARTER: Yes. I want to declare -- I
17 spoke to Mr. Diebenow today.
18 THE CHAIRMAN: All right. Thank you.
19 Okay. If we can get a staff report,
20 Mr. Kelly.
21 MR. KELLY: This item is -- there's a
22 request to have this substituted and then
23 rereferred from the conventional zoning it
24 currently is and have it rereferred as a PUD.
25 So we've got a -- essentially a new site plan
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1 and written description for the subject
2 property.
3 THE CHAIRMAN: Okay. So we need to get a
4 motion to substitute.
5 C/M BOYER: Move the substitute.
6 C/M CARTER: Second.
7 THE CHAIRMAN: Okay. We have a motion by
8 Ms. Boyer for a substitute, second by
9 Mr. Carter.
10 Are we all in favor of the substitution?
11 It's a voice vote. Okay.
12 Any nays?
13 COMMITTEE MEMBERS: (No response.)
14 THE CHAIRMAN: The substitution passed.
15 Do we have a motion?
16 C/M HOLT: Move to rerefer.
17 THE CHAIRMAN: Okay. We have a motion to
18 move to resubstitute -- to rerefer to LUZ by
19 Mr. Holt --
20 C/M REDMAN: Second.
21 THE CHAIRMAN: -- second by Mr. Redman.
22 Okay. We're going to open the ballot on
23 this one if I'm not mistaken.
24 Okay. I have a motion and a second. Any
25 discussion?
Diane M. Tropia, Inc., P.O. Box 2375, Jacksonville, FL 32203
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1 COMMITTEE MEMBERS: (No response.)
2 THE CHAIRMAN: Seeing no discussion, open
3 the ballot, record the 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: By your actions, you have
15 approved the referral.
16 Thank you.
17 All right. Let's move down to item
18 number 9, 2011-344. I'm going to open the
19 public hearing.
20 Do we have any speakers?
21 MS. LAHMEUR: No.
22 THE CHAIRMAN: Okay. Thank you.
23 Let's get the staff report -- Mr. Crofts,
24 staff report.
25 MR. CROFTS: Thank you.
Diane M. Tropia, Inc., P.O. Box 2375, Jacksonville, FL 32203
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1 I'd like to go ahead and give the staff
2 report on item 9 and point out that item 10 is
3 a companion rezoning, and I'll yield to
4 Mr. Kelly for that report. So we'll go ahead
5 and give them jointly, our reports.
6 Mr. Chairman and members of the committee,
7 ordinance 2011-344 proposes to amend, again,
8 the future land use map series of the 2030
9 Comprehensive Plan on a little less than an
10 acre of land located at 7334 Lem Turner Road
11 and 7327 Smyrna Street in Council District 8.
12 Now, this property is about one-quarter
13 mile west of the interchange of I-95 and
14 Lem Turner Road.
15 The request is to change the land use from
16 Medium Density Residential to CGC or
17 Community/General Commercial. This request is
18 for the purposes of accommodating future
19 construction of a RaceTrac gas station and
20 convenience store.
21 The land use amendment is needed to allow
22 for the expansion and the necessary depth to
23 provide available land on this -- on a piece of
24 property that fronts on Lem Turner Road that's
25 currently designated CGC. The intent to expand
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1 this proposal is to incorporate a little bit
2 larger, a better functioning, more aesthetic
3 [sic] pleasing, and a safer business
4 establishment at this location.
5 The accompanying ordinance, 2011-345,
6 which is the planned unit development, wraps
7 this entire project into one positive
8 development for this particular location along
9 Lem Turner Road.
10 For purposes of reference to the 2030
11 Comprehensive Plan, this property is located in
12 what we define as an Urban Priority area of the
13 city of Jacksonville, which basically is one of
14 our older, more historic areas of the city with
15 its connecting corridors where the intent,
16 from a planning perspective, is to encourage
17 redevelopment and optimize the existing
18 infrastructure for infill development at
19 proposed -- at locations such as the one
20 proposed.
21 In addition, the Planning and Development
22 Department finds that the proposed land use
23 amendment, in conjunction with the associated
24 PUD, which requires certain site controls, is
25 consistent with policies 1.1.12, 1.22, 1.124,
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1 and policy 3.27, which emphasizes the use of
2 PUDs in circumstances such as this where we're
3 attempting to maintain a compact and compatible
4 land use pattern, encouraging development and
5 redevelopment in this portion of town, which
6 also attempts to be consistent in maximizing
7 underutilized land and existing infrastructure
8 for the infrastructure.
9 For these reasons, the Planning and
10 Development Department recommends approval of
11 this land use amendment.
12 THE CHAIRMAN: Mr. Kelly.
13 MR. KELLY: Thank you.
14 To the Chair and committee, ordinance
15 2011-345 is the companion PUD to this property.
16 This rezoning, again, consists of
17 approximately 2.74 acres of land currently
18 zoned PUD, CCG-1, and CCG-2, as well as RMD-A,
19 to this proposed PUD for the RaceTrac
20 development.
21 The site plan is very specific. It
22 contemplates a 7,000-square-foot convenience
23 store building with approximately 10 pumping
24 stations and 20 pumps out front.
25 The site plan is very compatible,
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1 externally, from the fact -- as to the
2 locations of the retention ponds and the
3 buffers in relation to the single-family. It
4 distances itself and provides substantial
5 buffering from those residential uses.
6 And, additionally, the Department feels
7 that with the conditions imposed that
8 incorporates both the lighting conditions as
9 well as commercial design guidelines and best
10 practices, we feel that this is a good product,
11 promoting redevelopment infill, as John
12 indicated. We find it internally and
13 externally consistent with the comprehensive
14 plan, and are recommending approval subject to
15 the seven conditions in the memorandum to
16 Council President Joost dated June 30th. I
17 will read those into the record.
18 Condition 1 is, "The subject property
19 shall be developed in accordance with the legal
20 description dated March 22nd, 2011."
21 Condition 2, "The subject property shall
22 be developed in accordance with the original
23 written description dated March 22nd, 2011."
24 Condition 3, "The subject property shall
25 be developed in accordance with the original
Diane M. Tropia, Inc., P.O. Box 2375, Jacksonville, FL 32203
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1 site plan dated March 21st, 2011."
2 Condition 4, "The subject property shall
3 be developed in accordance with the Development
4 Services Division memorandum dated May 5th,
5 2011, or as otherwise approved by the Planning
6 and Development Department."
7 Condition 5, "All sag lens, drop lenses
8 and convex lenses shall be prohibited.
9 Illumination levels at all property lines shall
10 not exceed a half a footcandle when the
11 building or parking areas are located adjacent
12 to residential areas and shall not exceed one
13 footcandle when abutting other nonresidential
14 properties.
15 "All lighting and lamp sources within the
16 parking and pedestrian areas shall be metal
17 halide or compact fluorescent. The maximum
18 light pole height in the parking area should
19 not exceed 30 feet. An exterior lighting
20 design plan, including photometrics and pole
21 fixture schedules, shall be submitted at the
22 time of verification of substantial compliance
23 for review and approval by the Planning and
24 Development Department."
25 Condition 6, "All street frontage signs
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1 shall be monument style and architecturally
2 compatible to the building, not to exceed
3 150 square feet in area on each side and
4 25 feet in height for each such sign."
5 Finally, condition 7, "The subject
6 property shall be developed in accordance with
7 the Northwest Jacksonville Vision Plan. The
8 developer shall submit architectural plans and
9 elevations for consistency with the Northwest
10 Vision Plan and the Jacksonville Design
11 Guidelines and Best Practices Handbook at the
12 time of verification of substantial compliance
13 for review and approval by the Planning and
14 Development Department."
15 With those seven conditions, the
16 Department recommends approval.
17 THE CHAIRMAN: Mr. Reingold.
18 MR. REINGOLD: Two points.
19 First off, I've just got a quick question
20 for staff. This may just be very nit-picky,
21 but I believe in condition number 5 there was a
22 phrase "for each project" that you did not read
23 off. Was that left off for a reason or should
24 that still be included within that condition?
25 MR. KELLY: This is a single-use PUD, so
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1 just -- it's irrelevant.
2 MR. REINGOLD: All right. That will be
3 stricken.
4 And then, additionally, this is the
5 appropriate time for ex-parte communications on
6 2011-345.
7 THE CHAIRMAN: Okay. Prior to -- we'll
8 start with Mr. Lumb.
9 C/M LUMB: In the week of 7/3, I had a --
10 about a seven- or eight-minute telephone
11 conversation with Paul Harden. He described
12 the project to me generally. My only questions
13 to him were whether or not the project was
14 similar to other projects undertaken by
15 RaceTrac around the city. He confirmed that it
16 was generally consistent with what they were
17 doing, building enlarged -- larger facilities
18 with convenience stores.
19 THE CHAIRMAN: Mr. Love.
20 C/M LOVE: On 7/13, 2011, I also had
21 ex-parte communication with Paul Harden. We
22 talked about the retention pond, rezoning, and
23 the footprint.
24 THE CHAIRMAN: Okay. Ms. Boyer.
25 C/M BOYER: I had a conversation on the
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1 telephone today with Paul Harden regarding
2 this. I was inquiring regarding the
3 residential lots adjacent to the PUD and
4 whether they became nonconforming, and we also
5 discussed the buffer between the residential
6 property and this property.
7 THE CHAIRMAN: Mr. Carter.
8 C/M CARTER: I had a conversation with
9 Mr. Harden Friday, whatever that date was. The
10 same thing, he was telling me the -- the
11 project, and it was going to be basically the
12 same as the rest of them they've been doing.
13 THE CHAIRMAN: Okay. We're still in the
14 posture of a public hearing. We do have one
15 speaker, Mr. Paul Harden.
16 (Mr. Harden approaches the podium.)
17 THE CHAIRMAN: I'll turn it over to you,
18 but I did have one question to ask.
19 There was a lot of conditions made, and I
20 just wanted to make sure that you had a chance
21 to speak with your client to -- regarding those
22 conditions.
23 MR. HARDEN: The ones I found out before
24 today about, yes.
25 THE CHAIRMAN: Okay.
Diane M. Tropia, Inc., P.O. Box 2375, Jacksonville, FL 32203
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1 MR. HARDEN: Paul Harden --
2 THE CHAIRMAN: Go ahead.
3 MR. HARDEN: Sir?
4 THE CHAIRMAN: Go ahead.
5 MR. HARDEN: Paul Harden, 501 Riverside
6 Avenue.
7 I'm one of the little people
8 Councilman Joost talked about that comes before
9 you and makes inquiries. We appreciate you
10 hearing us.
11 As the staff has already indicated, we've
12 been in great detailed description and site
13 planning on this site.
14 Just so you'll know, the site where the
15 facility is going to build [sic] is currently
16 zoned CCG-2. And for those of you who are new,
17 you will learn that CCG-2 is the most intense
18 commercial zoning. It is the only commercial
19 zoning category that allows for adult
20 entertainment in the entire city. We are
21 downzoning from that. So wherever we're
22 building the building is CCG-2 now. We're
23 going to a PUD.
24 The portion of the site that we're
25 amending on the comp plan is really to
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1 accommodate water retention, as Ms. Boyer
2 pointed out, that -- because of new rules, we
3 need -- we need to have on the site.
4 So -- just so you know, the reason for the
5 land use map amendment is the retention and the
6 buffering that we're trying to provide.
7 So I think I would adopt the Planning
8 Department's report, but I got a call about an
9 hour ago from your colleague in District 8. I
10 don't know whether she wanted me to give you
11 her ideas or somebody from the Planning
12 Department. I'll be happy to do it if it
13 doesn't use up my three minutes.
14 Before I do that, she did raise a question
15 about signs. Here are pictures of the signs --
16 of the seven signs that were posted on the site
17 that I filed with the Planning Department when
18 we filed them -- I mean, when we posted them.
19 Likewise, I have met with every adjoining
20 neighbor along the site. We have so far had
21 five public hearings. No one has spoken in
22 opposition to the project. Most of the
23 adjoining neighbors, we either bought their
24 property or bought enough property to provide a
25 buffer for them.
Diane M. Tropia, Inc., P.O. Box 2375, Jacksonville, FL 32203
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1 Councilman Redman, just so you know, it's
2 going to be the same brick building that we
3 built at the corner of Atlantic Boulevard that
4 I think there was questions about, but once it
5 got built people were very happy. It's an
6 infill location.
7 Councilman Brown, I'm not sure how to
8 handle Ms. Lee's ideas. Can I read them into
9 the record and -- and tell you where I stand on
10 them?
11 THE CHAIRMAN: Let me refer that question
12 to Mr. Reingold.
13 MR. HARDEN: He didn't get to talk to her.
14 THE CHAIRMAN: Would that suffice?
15 MR. REINGOLD: I think it's appropriate
16 for Mr. Harden to explain maybe the
17 conversation he had. At this point, Mr. Harden
18 said he's agreeable to the conditions that were
19 in the staff report. We can sort of debate
20 amongst the committee and with the applicant as
21 to how you want to handle the various issues
22 that are raised by Mr. Harden.
23 MR. HARDEN: Not Mr. Harden, by
24 Councilwoman Lee.
25 THE CHAIRMAN: Okay. Mr. Harden, proceed.
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1 (Inaudible discussion.)
2 MR. HARDEN: Huh? Or enunciated by
3 Mr. Harden. I think that's a fair way to say
4 it.
5 Ms. Lee called me today and had 20 changes
6 to the written description. I will go through
7 them. Most of them I don't have a beef with.
8 Again, I haven't had a chance to talk to my
9 client because during the five months that I've
10 been dealing with -- I haven't had that input,
11 but the -- the first change would be to the
12 written description, to change the date of it.
13 The written description, instead of being
14 March 22nd, Dylan, it will be July 19th, and I
15 will prepare an amended written description.
16 THE CHAIRMAN: Mr. Reingold.
17 MR. REINGOLD: It actually might be
18 helpful -- because I see right now we've got a
19 public hearing date that's actually scheduled
20 for next Tuesday at City Council --
21 MR. HARDEN: Yes, because it's a land use
22 map amendment. There won't be a public hearing
23 on the PUD. There will be one on the land use.
24 MR. REINGOLD: Actually, I've got
25 indicated on our agenda that there is a public
Diane M. Tropia, Inc., P.O. Box 2375, Jacksonville, FL 32203
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1 hearing on the rezoning, so we might want to at
2 least discuss --
3 MR. HARDEN: That's a good idea.
4 MR. REINGOLD: -- the written description
5 and then we can sort of figure out where the
6 committee is going from there.
7 MR. HARDEN: Okay.
8 THE CHAIRMAN: We have a point of order
9 here.
10 Mr. Holt.
11 C/M HOLT: Thank you.
12 Through the Chair, could I ask, are these
13 conditions going to be conditions on the land
14 use or just on the zoning?
15 MR. HARDEN: Just the PUD.
16 C/M HOLT: Just on the zoning?
17 MR. REINGOLD: (Nods head.)
18 MR. HARDEN: Yes.
19 C/M HOLT: Okay. Thank you.
20 THE CHAIRMAN: All right.
21 MR. HARDEN: Okay. So the first will be
22 the change of the date because there will be
23 amendments to the written description. So it
24 would be July 19th. I will -- subject to
25 whatever your vote is -- amend the written
Diane M. Tropia, Inc., P.O. Box 2375, Jacksonville, FL 32203
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1 description dated today to incorporate whatever
2 changes you want to make today.
3 Under land use restrictions, Ms. Lee would
4 like for me to delete the following uses:
5 hotels and motels; commercial indoor
6 recreation; off-street commercial parking;
7 adult congregate living facilities; personal
8 property storage establishments; retail outlets
9 for wearing apparel, toys, et cetera; churches
10 and wholesaling or distribution. Those are in
11 the current written description, numbers 4, 5,
12 9, 10, 12 -- no, excuse me -- 9, 10, 15, 16,
13 18, and 20.
14 I have no objection to taking those out
15 and will do that in an amended written
16 description.
17 The next change was on page 3 of the
18 written description, under Minimum Height of
19 Structures. Currently, it allows for 50 feet
20 of height, but you can -- as the zoning code
21 allows, you can go back one foot and up three
22 feet. She wanted a limit of 50 feet and to
23 take out the provision of stepping it up by
24 moving back the setback. I have no objection
25 to removing that language.
Diane M. Tropia, Inc., P.O. Box 2375, Jacksonville, FL 32203
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1 The next change was on -- under
2 Modifications. It says, "An amendment to the
3 PUD may be accomplished through an
4 administrative deviation, administrative
5 modification, minor mod, or filing a new PUD."
6 She wanted me to take out the possibility of an
7 administrative modification. I have no
8 objection to that and I'll remove that.
9 Conceptual site plan. She wanted to be
10 sure that as district councilman she
11 reviewed -- got a chance to review the final
12 site plan. As a matter of law, chapter 656.341
13 requires that, but I'm going to put in language
14 that says the site plan shall be reviewed
15 pursuant to 656.341(G).
16 Now, those are all of the amendments that
17 she proposed that -- today, that I have no
18 objection to.
19 She also wanted an amendment -- does
20 everybody have the application? There's a site
21 plan on there. And you really have to make
22 reference to this site plan to understand this
23 issue.
24 On the PUD application, attached to the
25 application is the site plan that Mr. Kelly
Diane M. Tropia, Inc., P.O. Box 2375, Jacksonville, FL 32203
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1 made reference to, which shows the landscaping
2 and the buffering, if I could call your
3 attention to it. Everybody find it?
4 Behind the facility now -- and I'm not
5 going to use -- I'm not going to use north,
6 south, east, and west because there's a little
7 bit of an angle. But with your back to
8 Lem Turner, to the left side of the building is
9 a very large stormwater pond. That buffers two
10 of the residences. To the right side is
11 another very large stormwater pond which
12 buffers lot 10. In between those two
13 stormwater ponds, we have a 10-foot landscape
14 buffer. Just outside the landscape buffer
15 is -- a 6-foot-high solid fence is required,
16 and that's what the Planning Department
17 recommended.
18 Ms. Lee suggests that she would rather
19 have a concrete/brick wall along that line. My
20 issue is then you've got a concrete/brick wall,
21 landscaping that's going to die, and then a
22 retention pond.
23 I guess if you were to put up that
24 concrete wall, what I would suggest is that you
25 take out the landscaping because there's no way
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1 for us to maintain that.
2 And also -- currently, along the side of
3 lot 10, the fence goes down to Smyrna Street,
4 which we didn't mind because it was a fence. A
5 wall that distance would be about $150,000.
6 So what we would -- what she proposes is
7 behind lot 12, behind lot 11, behind lot 10,
8 instead of a 6-foot fence, that we put a 6-foot
9 masonry wall stuccoed along there at that
10 location. So that was the only one I did not
11 incorporate into a new written description.
12 And she told me if I didn't agree with it,
13 when she felt better she was going to come beat
14 me up, so -- she was joking, I think.
15 So that's the issue. I will try to
16 resolve that between now and Tuesday night with
17 her.
18 My proposal is that we -- I amend the
19 written description to the 19 changes that she
20 proposed that I agree to. Let's try to figure
21 out the location of the buffer outside of the
22 landscaping, and then whether or not you need
23 landscaping if you're going to have an opaque
24 wall at that location.
25 Other than that, I'll be happy to answer
Diane M. Tropia, Inc., P.O. Box 2375, Jacksonville, FL 32203
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1 any questions.
2 THE CHAIRMAN: Okay. I do have --
3 MR. HARDEN: John, is that kind of your
4 understanding?
5 MR. CROFTS: Yes.
6 MR. HARDEN: Yeah. Okay.
7 THE CHAIRMAN: Okay. I was going to refer
8 to Mr. Kelly before going to the queue --
9 MR. HARDEN: I'm sorry.
10 THE CHAIRMAN: -- to make sure that we
11 were all in agreement and that this would
12 definitely suffice or meet the needs of
13 Councilwoman Denise Lee.
14 MR. KELLY: Yeah. These are -- actually
15 the first time I heard these proposed
16 conditions. I'm pretty much on board with
17 everything from the use perspective. That's
18 fine deleting the uses.
19 I had a question about the portion of the
20 written description as it relates to height and
21 what was being deleted. Was the performance
22 standard being deleted or the --
23 MR. HARDEN: Yeah.
24 MR. KELLY: Why?
25 MR. HARDEN: That's what Ms. Lee wanted.
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1 MR. KELLY: Okay. So it's just capped at
2 50 feet and --
3 MR. HARDEN: Yeah, which doesn't cause a
4 problem for us right now. I guess if somebody
5 were to raze the site and build something else,
6 they would have to deal with that.
7 So, yes, that's -- that is what is being
8 deleted.
9 MR. KELLY: And then the -- deleting any
10 kind of administrative modification to the PUD
11 and also -- in regards to the conceptual site
12 plan, it will go the -- go through the standard
13 PUD verification procedures?
14 MR. HARDEN: Yeah. The only thing there
15 that is of an unusual nature is deleting the
16 administrative modification, but really what
17 that requires is the client would have to hire
18 a lawyer again, so there's not a lot of
19 dispute.
20 MR. KELLY: I guess the only thing we
21 would have concerns with as it relates to the
22 one condition that he's not agreeable to
23 himself as it relates to the masonry wall would
24 be the deletion of landscaping in conjunction
25 with that. We would require the landscaping
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1 still be there. It's --
2 MR. HARDEN: Even if you put a brick wall
3 there?
4 MR. KELLY: Well, I mean, you get, you
5 know, trees and the screening of the trees
6 above and beyond the 6-foot wall height, you
7 know, screens all the lighting further and --
8 and absorbs a lot of those sounds, and we
9 wouldn't support the removal of the --
10 MR. HARDEN: I got you.
11 My issue is -- you've got a wall and a
12 retention pond in ten feet. We've got $50,000
13 worth of landscaping we're going to stick in
14 there. It's going to die, but -- I'd rather
15 save the 50 grand and spend it on the wall if
16 that's what she wants.
17 And don't say that I didn't agree with the
18 wall. I'm telling you -- I'm passing along
19 what she said.
20 THE CHAIRMAN: All right.
21 MR. HARDEN: So --
22 THE CHAIRMAN: All right. So we're going
23 to -- we have a question from Mr. Redman.
24 Mr. Redman, do you have one for Mr. Harden
25 before we close the public hearing?
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1 C/M REDMAN: Yes.
2 THE CHAIRMAN: Okay.
3 C/M REDMAN: Mr. Harden, if we don't pass
4 this -- you said it's zoned currently to where
5 you could put an adult entertainment place
6 there?
7 MR. HARDEN: Well, yes, but I'm not going
8 to do that. I --
9 C/M REDMAN: I'm thinking maybe that --
10 the Doll House says they can't find a place to
11 move to. So, you know, maybe we could --
12 MR. HARDEN: I will pass your thoughts on
13 to Councilwoman Lee --
14 C/M REDMAN: Thank you.
15 MR. HARDEN: -- although I do not know
16 what the Doll House is.
17 THE CHAIRMAN: Okay. We're going to limit
18 all of our discussion to the bill that is with
19 us, the amendments.
20 Ms. Boyer.
21 C/M BOYER: Through the Chair, I have a
22 question for Mr. Reingold.
23 THE CHAIRMAN: Okay. So we have no
24 other -- before we go there --
25 C/M BOYER: I have no questions for
Diane M. Tropia, Inc., P.O. Box 2375, Jacksonville, FL 32203
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1 Mr. Harden.
2 THE CHAIRMAN: No questions for
3 Mr. Harden.
4 Okay. Mr. Harden, thank you.
5 MR. HARDEN: Thank you.
6 THE CHAIRMAN: Okay. That closes the
7 public hearing.
8 Ms. Boyer.
9 C/M BOYER: Mr. Reingold, in terms of
10 structuring these additional suggestions by
11 Ms. Lee, would they be appropriate as
12 additional conditions?
13 MR. REINGOLD: Through the Chair to
14 Councilmember Boyer, the way that I understand
15 how this would be structured is that you would
16 have -- instead of in -- on item number 2 in
17 your conditions, it would be, "The subject
18 property shall be developed in accordance with
19 the revised written description dated
20 July 19th, 2011." And the revised written
21 description would contain the elimination of
22 permitted uses 4, 5, 10, 15, 16, 18, and 20,
23 would strike on -- design guidelines, the
24 performance criteria, and solely the height
25 would be 50 feet. It would strike the
Diane M. Tropia, Inc., P.O. Box 2375, Jacksonville, FL 32203
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1 administrative modification provision, and it
2 would require -- it would have a specific
3 citation to that -- the site plan shall be
4 reviewed pursuant to section 656.341(G). And,
5 thus, your conditions -- all those would be
6 incorporated into a revised written description
7 that would be dated July 19th, 2011.
8 C/M BOYER: Okay.
9 THE CHAIRMAN: Okay. Mr. Holt.
10 C/M HOLT: Thank you, Mr. Chair.
11 I would move the land use bill, along
12 with -- I'm sorry -- move the amendment to the
13 land use bill, along with all the conditions
14 that applied to the land use, the elimination
15 of some of those uses --
16 THE CHAIRMAN: Before we go there,
17 Mr. Holt, let's go to Mr. Reingold.
18 We're going to actually vote on this
19 separately, right?
20 MR. REINGOLD: That is absolutely correct,
21 to the Chair.
22 What I heard from Councilmember Holt was a
23 movement of the amendment to 2011-344. We've
24 already closed the public hearing, which I
25 inferred was both for -344 and -345, and thus
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1 right now we'd be in the posture, based upon
2 the amendment by Councilmember Holt, to move
3 the amendment, which is the technical
4 correction for -344.
5 C/M HOLT: Plus, all the --
6 MR. CROFTS: That's the next one.
7 C/M HOLT: Plus, all the conditions that
8 Mr. Harden agreed --
9 THE CHAIRMAN: Okay. One moment.
10 C/M HOLT: There was one that was land use
11 applicable, wasn't it?
12 THE CHAIRMAN: Right.
13 C/M HOLT: It was eliminating some of the
14 land uses?
15 MR. REINGOLD: To the council member, that
16 was all actually based upon the rezoning, which
17 is 2011-345.
18 C/M HOLT: Okay. Well, then, move the
19 amendment from the Planning Department.
20 C/M BOYER: Second.
21 THE CHAIRMAN: Okay. We have a motion and
22 a second -- a motion from Mr. Holt, second from
23 Ms. Boyer -- to move the amendment.
24 Any discussion?
25 COMMITTEE MEMBERS: (No response.)
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1 THE CHAIRMAN: If not, all in favor of the
2 amendment, say yes.
3 COMMITTEE MEMBERS: Yes.
4 THE CHAIRMAN: All opposed to the
5 amendment, say no.
6 COMMITTEE MEMBERS: (No response.)
7 THE CHAIRMAN: The amendment passes.
8 C/M HOLT: Move the bill as amended.
9 THE CHAIRMAN: I have a motion from
10 Mr. Holt.
11 Do we have a second?
12 C/M LOVE: Second.
13 THE CHAIRMAN: I have a second from
14 Mr. Love.
15 Any discussions?
16 COMMITTEE MEMBERS: (No response.)
17 THE CHAIRMAN: Seeing no discussions, open
18 the ballot -- I'm sorry.
19 MR. KELLY: On the amendment, is the
20 amendment incorporating all the changes to
21 the --
22 MR. CROFTS: (Inaudible.)
23 MR. KELLY: Okay. Thank you.
24 THE CHAIRMAN: For clarification, what
25 we're doing right now is that -- we're on
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1 2011-344. The conditions will be discussed and
2 voted on on 2011-345. We're going to vote on
3 these separately.
4 So open the ballot, record the 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: Okay. By your actions, you
16 have approved 2011-344.
17 Let's move now to 2011-345.
18 Do we have a motion on the amendment?
19 C/M HOLT: Move the amendment, including
20 all the amendments as described by Mr. Harden
21 with the exception of the concrete wall.
22 C/M CARTER: Second.
23 THE CHAIRMAN: We have a motion by
24 Mr. Holt, second by Mr. Carter.
25 Any discussion?
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1 COMMITTEE MEMBERS: (No response.)
2 THE CHAIRMAN: If not, all in favor of the
3 amendment, say yes.
4 MR. REINGOLD: To the Chair, Mr. Kelly
5 came up to me during the discussion and wanted
6 me to clarify that -- I believe that the
7 off-street commercial parking lots were also
8 being stricken from the written description
9 and -- so that was actually item number 9.
10 Otherwise, it would be as the Planning
11 Department read into the record.
12 THE CHAIRMAN: Okay. Mr. Harden, are you
13 okay with that?
14 MR. HARDEN: Yes. And I will prepare the
15 amended written description. And I think you
16 need an amendment to the condition dating the
17 written description dated today.
18 THE CHAIRMAN: Okay. Mr. Reingold, we're
19 ready to move forward now?
20 MR. REINGOLD: (Nods head.)
21 MR. HARDEN: You need an amendment
22 changing the conditions -- changing the
23 condition that said -- okay. You got it?
24 MR. REINGOLD: Yeah. I read that. I said
25 that -- a revised written description dated
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1 July 19th, 2011.
2 MR. HARDEN: Okay.
3 MR. KELLY: Just to clarify that, the
4 revised written description that will be
5 submitted for Tuesday will not have the masonry
6 wall component?
7 MR. HARDEN: (Nods head.)
8 MR. KELLY: Okay. Thank you.
9 MR. HARDEN: With the understanding that I
10 will talk to Ms. Lee between now and Tuesday
11 and there might be a floor amendment, so --
12 THE CHAIRMAN: Okay.
13 MR. HARDEN: Thank you.
14 THE CHAIRMAN: Item 2011-345. I have a
15 motion and a second.
16 Any discussion on the amendment?
17 COMMITTEE MEMBERS: (No response.)
18 THE CHAIRMAN: Seeing no discussion, all
19 in favor of the amendment, say yes.
20 COMMITTEE MEMBERS: Yes.
21 THE CHAIRMAN: All opposed to the
22 amendment, say no.
23 COMMITTEE MEMBERS: (No response.)
24 THE CHAIRMAN: The amendment passes.
25 C/M HOLT: Move the bill as amended.
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1 THE CHAIRMAN: I have a motion by Mr. Holt
2 to move the bill as amended --
3 C/M BOYER: Second.
4 THE CHAIRMAN: -- second by Ms. Boyer.
5 Any discussion?
6 COMMITTEE MEMBERS: (No response.)
7 THE CHAIRMAN: Seeing no discussion, open
8 the ballot and 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, you have
20 approved item 2011-345.
21 Okay. Let's go ahead and turn over to
22 page 5, at the top of the page, item 11,
23 2011-346.
24 MR. CROFTS: Mr. Chairman, are you ready
25 for the staff report?
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1 THE CHAIRMAN: I am ready -- well, I'm
2 going to open the public hearing.
3 We're going to do the staff report first
4 and then we will open the public hearing, yes,
5 sir.
6 MR. CROFTS: Thank you.
7 THE CHAIRMAN: Yes, sir.
8 MR. CROFTS: Members of the committee and
9 Mr. Chairman, this particular land use
10 amendment is the -- applies to the reuse of the
11 Norwood Elementary School, which has been
12 vacant for about two years. And the
13 application for the specific use was for senior
14 housing with some supportive light commercial
15 uses.
16 The land use amendment was approved
17 originally for a high-density residential --
18 density classification approximately one year
19 ago, and it had an accompanying PUD for over
20 100 dwelling units.
21 Subsequently, that -- through the
22 negotiation process, that PUD included a
23 reduction in the number of dwelling units down
24 to approximately 70 dwelling units, which
25 negated the need for a high-density, HDR, land
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1 use classification in our -- on our maps as
2 part of the future land use map series as of --
3 the 2030 Comprehensive Plan.
4 So in conjunction -- the Planning
5 Department, in conjunction with the owner of
6 the property and the district councilman,
7 agreed that it would be appropriate at this
8 location to modify the land use on this
9 property, now, after the PUD has been approved
10 for a lesser amount of units, to MDR, and that
11 would be the appropriate classification for
12 this particular piece of property.
13 We feel it's a win/win situation for the
14 city and the applicant. And the number of
15 units works well within the city, and we're
16 comfortable with that MDR classification.
17 This request is consistent with future
18 land use policies 1.122 and 1.1.24 because the
19 project, as proposed, maintains, again, a
20 compact land use -- land use pattern for this
21 particular area that interfaces positively with
22 the adjacent residential and commercial uses.
23 It is also consistent with policy 3.16 and
24 3.17 of the Future Land Use Element of the
25 comprehensive plan, which encourages a wider
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1 diversity of housing and densities and ranges
2 and appropriations such as this, which, again,
3 are part of our Urban Priority area where --
4 encouraging redevelopment.
5 With all these -- documentation and
6 recommendations, staff is in support -- the
7 staff recommends approval of this land use
8 change.
9 THE CHAIRMAN: Thank you.
10 We're going to open our public hearing for
11 2011-346. We have no speakers.
12 Do we have a motion?
13 We're going to close the public hearing.
14 Do we have a motion?
15 C/M BOYER: Move the bill.
16 C/M LOVE: Second.
17 THE CHAIRMAN: Okay. We have a motion by
18 Ms. Boyer, second by Mr. Love.
19 Any discussions?
20 COMMITTEE MEMBERS: (No response.)
21 THE CHAIRMAN: Seeing no discussions, open
22 the ballot and record your vote.
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 nay.
8 THE CHAIRMAN: By your actions, you have
9 approved 2011-346.
10 Okay. Let's go to item number 12,
11 2011-347.
12 Before we get started, I would like to
13 ask, do anyone need to declare ex-parte?
14 C/M HOLT: Yes.
15 THE CHAIRMAN: Okay. Mr. Holt.
16 C/M HOLT: Thank you, Mr. Chair.
17 This afternoon I spoke with Charlie Mann
18 about this project and some of the buffering
19 issues and the site plan.
20 Thank you.
21 THE CHAIRMAN: Okay. No other speakers.
22 Do we have a staff -- Mr. Redman.
23 C/M REDMAN: Yes. I also spoke with
24 Mr. Mann this afternoon about this project,
25 just general conversation about what was
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1 planned there.
2 Thank you.
3 THE CHAIRMAN: Okay. Ms. Boyer.
4 C/M BOYER: This past Sunday afternoon, I
5 spoke to Richard Cardell (phonetic), who is a
6 neighbor who lives behind this property,
7 regarding his concerns for the rezoning and the
8 PUD and the buffering.
9 THE CHAIRMAN: Thank you.
10 Okay. If we could, Mr. Kelly, conditions
11 for the record and any other staff report you'd
12 like to put out.
13 MR. KELLY: Thank you, sir.
14 To the Chair and committee, ordinance
15 2011-347 seeks to rezone approximately
16 .68 acres of property located on San Jose
17 Boulevard. This is immediately north of the
18 intersection of San Jose and University, on the
19 east side of San Jose Boulevard. This is the
20 Watson Realty office currently. The site is
21 developed.
22 This proposed rezoning essentially is
23 rezoning a previous PUD which allowed the
24 realty office, but this rezoning basically
25 introduced additional uses within the CRO
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1 zoning district and CRO uses by exception,
2 which could be permitted on this property.
3 We've evaluated the written description
4 and the appropriateness of each of those uses
5 and we feel that what's proposed is compatible.
6 We find, again, as a secondary zoning district,
7 that it meets the locational criteria and the
8 Future Land Use Element. And in terms of
9 compatibility, we feel that the conditions that
10 were negotiated heavily on the floor of the
11 Planning Commission are more than adequate to
12 protect any adjoining residential uses. We
13 find the PUD is internally compatible. There
14 are no proposed expansions of the existing
15 building on the site. It's an existing
16 condition. They're looking solely at
17 introducing potentially other uses to the
18 property, but nothing more intense than
19 anything in CRO that would be through a zoning
20 exception.
21 The Department is supportive of this
22 request and is recommending approval subject to
23 your five conditions in the memorandum dated
24 June 30th to Council President Joost. There
25 are some revisions to those, specifically as it
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1 relates to condition 4. In conversation with
2 OGC, we've clarified some of the verbiage in
3 that and -- and makes it read clearer.
4 So I'll read these into the record:
5 Specifically, condition 1 is, "The subject
6 property shall be developed per the original
7 legal description dated April 12th, 2011."
8 Condition 2, "The subject property shall
9 be developed in accordance with the revised
10 written description dated June 21st, 2011."
11 Condition 3, "The subject property shall
12 be developed in accordance with the original
13 site plan dated April 4th, 2011."
14 Condition 4 is revised now to read, "A
15 10-foot-wide, undisturbed, natural buffer shall
16 be provided along the east property line,
17 except for portions of the existing buildings
18 on the site plan dated April 4th, 2011.
19 "Any tree removal within the buffer shall
20 meet requirements of section 656.1205 of the
21 zoning code and be subject to the approval of a
22 professionally-licensed tree arborist or
23 landscape architect. If a tree is removed
24 within the buffer, then the tree shall be
25 replaced inside the buffer with a minimum two-
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1 to three-inch caliper evergreen tree."
2 Condition 5, "Illumination levels along
3 the eastern property line, adjacent to
4 residential areas, shall not exceed one-half
5 footcandle. All lighting shall be directed
6 away from the easterly property line and
7 shielded."
8 With those five conditions, the Department
9 is supportive of the PUD.
10 THE CHAIRMAN: Thank you, Mr. Kelly.
11 Do we have any questions regarding the
12 conditions read for the record?
13 COMMITTEE MEMBERS: (No response.)
14 THE CHAIRMAN: If not, we have one
15 speaker, Mr. Charles Mann.
16 MR. MANN: Mr. Chairman, members of the
17 committee --
18 THE CHAIRMAN: If you can give your --
19 yes, thank you.
20 MR. MANN: Charles Mann, 165 Arlington
21 Road, representing Watson Real Estate
22 Corporation.
23 Mr. Chairman, I'll stand by the staff
24 report on this. We've worked very closely with
25 the neighborhood and tried to address their
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1 concerns and also with the Planning Department.
2 In addressing their concerns, we've deleted
3 this -- a lot out of our original application
4 and we feel like we've got a good compromise.
5 Thank you very much.
6 THE CHAIRMAN: Thank you, sir.
7 Mr. Reingold.
8 MR. REINGOLD: I've actually, through the
9 Chair, got a question for Mr. Mann.
10 Do you agree to the revised condition
11 number 4 and the other conditions?
12 MR. MANN: Yes, Mr. Reingold, we do.
13 MR. REINGOLD: Thank you.
14 THE CHAIRMAN: All right. If no other
15 questions, that closes the public hearing.
16 Thank you, Mr. Mann.
17 MR. MANN: Thank you.
18 THE CHAIRMAN: Do I have a motion?
19 C/M BOYER: Move the amendment.
20 C/M CARTER: Second.
21 THE CHAIRMAN: Okay. I have a motion to
22 move the amendment -- Ms. Boyer --
23 C/M BOYER: (Inaudible) the conditions as
24 read into the record by the Planning
25 Department.
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1 THE CHAIRMAN: -- by Ms. Boyer, and I have
2 a second by Mr. Carter.
3 Any discussions?
4 COMMITTEE MEMBERS: (No response.)
5 THE CHAIRMAN: Seeing no discussions, all
6 in favor of the amendment, say yes.
7 COMMITTEE MEMBERS: Yes.
8 THE CHAIRMAN: All opposed to the
9 amendment, say no.
10 COMMITTEE MEMBERS: (No response.)
11 THE CHAIRMAN: The amendment passes.
12 C/M CARTER: Move the bill as amended.
13 THE CHAIRMAN: Okay. I have a motion to
14 move the bill as amended --
15 C/M REDMAN: Second.
16 THE CHAIRMAN: -- from Mr. Carter and a
17 second by Mr. Redman.
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. Great.
8 By your actions, you have approved
9 2011-347.
10 MR. MANN: Mr. Chairman, committee, thank
11 you very much.
12 THE CHAIRMAN: Thank you, sir.
13 All right. Let's move on to item 13,
14 2011-363.
15 Prior to having the -- open the public
16 hearing. No speakers for the public hearing?
17 MS. LAHMEUR: No.
18 THE CHAIRMAN: We have a staff report?
19 MR. REINGOLD: No.
20 THE CHAIRMAN: Okay. We're going to open
21 the public hearing and continue it to
22 September 7th, 2011, no further action.
23 Let's look at item number 14, 2011-380.
24 We do have a speaker.
25 MR. SMITH: Mr. Chairman, members of the
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1 committee, thank you.
2 Back here, Stephen Smith.
3 This is an ordinance -- 2011-380 is an
4 application for a performance-based development
5 agreement for the purpose of reserving traffic
6 circulation capacity.
7 This project consists of approximately
8 1.95 acres that's located on San Jose
9 Boulevard, between Julington Creek Road and
10 Westberry Road. This proposed development
11 includes approximately 20,000 enclosed square
12 feet of warehouse uses and also 9,600 square
13 feet of auto repair uses. The duration of this
14 agreement is for three years. I might add the
15 development agreements are subject to a
16 performance schedule and an annual renewal fee
17 each year that the agreement is in effect for
18 the remaining unenclosed area.
19 Staff has reviewed the application for
20 compliance with chapter 655, ordinance code,
21 and has a recommendation to approve subject to
22 the proposed amendment noted on the agenda,
23 which is to eliminate any references submitting
24 the agreement to the Department of Community
25 Affairs and tying the effective date to their
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1 review. This change is as a result of
2 recently-approved state legislation that
3 modified this requirement.
4 I'll be happy to answer any questions.
5 THE CHAIRMAN: Thank you.
6 Okay. We're going to open up the public
7 hearing. We have one speaker. That's
8 Mr. Randall Gallup.
9 (Audience member approaches the podium.)
10 AUDIENCE MEMBER: Good evening,
11 Mr. Chairman, members of the committee.
12 My name is Randall Gallup. I'm at 2823
13 Alaskan Way, Jacksonville, Florida 32226.
14 I'm here on behalf of the Dudley Family
15 Trust to answer any questions that you-all may
16 have about the Part 2, Chapter 655, development
17 agreement.
18 THE CHAIRMAN: We have no questions. I'm
19 going to close the public hearing.
20 Do we have a motion?
21 C/M HOLT: Move the amendment.
22 C/M CARTER: Second.
23 THE CHAIRMAN: We have a motion by
24 Mr. Holt, second by Mr. Carter to move the
25 amendment.
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1 Any discussion?
2 COMMITTEE MEMBERS: (No response.)
3 THE CHAIRMAN: Seeing no discussion, all
4 in favor of the amendment, say yes.
5 COMMITTEE MEMBERS: Yes.
6 THE CHAIRMAN: All opposed to the
7 amendment, say no.
8 COMMITTEE MEMBERS: (No response.)
9 THE CHAIRMAN: The amendment passes.
10 Do we have --
11 C/M CARTER: Move the bill as amended.
12 C/M HOLT: Second.
13 THE CHAIRMAN: We have a motion to move
14 the bill as amended by Mr. Carter, second by
15 Mr. Holt.
16 Any discussion?
17 COMMITTEE MEMBERS: (No response.)
18 THE CHAIRMAN: Seeing no discussion, open
19 the ballot, record your vote.
20 (Committee ballot opened.)
21 C/M BROWN: (Votes yea.)
22 C/M HOLT: (Votes yea.)
23 C/M BOYER: (Votes yea.)
24 C/M CARTER: (Votes yea.)
25 C/M LOVE: (Votes yea.)
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1 C/M LUMB: (Votes yea.)
2 C/M REDMAN: (Votes Yea.)
3 (Committee ballot closed.)
4 MS. LAHMEUR: Seven yeas, zero nay.
5 THE CHAIRMAN: By your actions, you have
6 approved item 2011-380.
7 MR. GALLUP: Thank you, Mr. Chairman and
8 committee.
9 Have a nice evening.
10 THE CHAIRMAN: Thank you, Mr. Gallup.
11 Okay. If we can go to page 6, at the top
12 of the page, item number 15, 2011-381,
13 deferred; 2011-382, deferred; 2011-408, second
14 and rereferred; number 18, second and
15 rereferred.
16 If you go to page 7, item 19, second and
17 rereferred; 20, second and rereferred; as well
18 as 21.
19 I believe we've covered all of the items.
20 If there's no further questions, let's
21 conclude the meeting.
22 Thank you.
23 (The above proceedings were adjourned at
24 6:08 p.m.)
25 - - -
72
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 24th day of July, 2011.
16
17 ___________________________
18 Diane M. Tropia
19
20
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25