CITY OF JACKSONVILLE
LAND USE AND ZONING
COMMITTEE
Proceedings held on Tuesday, April 19, 2011,
commencing at 5:07 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:
JOHN CRESCIMBENI, Chair.
RAY HOLT, Vice Chair.
WILLIAM BISHOP, Committee Member.
DON REDMAN, Committee Member.
STEPHEN JOOST, Committee Member.
DICK BROWN, Committee Member.
REGINALD BROWN, Committee Member.
ALSO PRESENT:
BILL KILLINGSWORTH, Director, Planning Dept.
JOHN CROFTS, Deputy Director, Planning Dept.
SEAN KELLY, Chief, Current Planning.
FOLKS HUXFORD, Zoning Administrator.
DYLAN REINGOLD, Office of General Counsel.
CAROL OWENS, Asst. Chief, Legislative Svcs.
MERRIANE LAHMEUR, Legislative Assistant.
SHARONDA DAVIS, Legislative Assistant.
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Diane M. Tropia, Inc., P.O. Box 2375, Jacksonville, FL 32203
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1 P R O C E E D I N G S
April 19, 2011 5:07 p.m.
2 - - -
3 THE CHAIRMAN: Good afternoon.
4 We're going to call the April 19, 2011,
5 Land Use and Zoning Committee meeting to order.
6 We will begin by just having everybody
7 introduce themselves for the record, starting
8 with Mr. Crofts.
9 Mr. Crofts, will you begin?
10 MR. CROFTS: Good evening.
11 My name is John Crofts, representing the
12 Planning and Development Department.
13 MR. KELLY: Sean Kelly, Planning and
14 Development.
15 MR. HUXFORD: Folks Huxford, Planning and
16 Development.
17 MR. REINGOLD: Dylan Reingold, Office of
18 General Counsel.
19 DR. GAFFNEY: Councilman Gaffney, visiting
20 today.
21 MR. D. BROWN: Dick Brown, representing
22 District 13.
23 MR. JOOST: Stephen Joost, Group 3,
24 at-large.
25 MR. R. BROWN: Reginald Brown,
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1 District 10.
2 THE CHAIRMAN: I'm John Crescimbeni, the
3 chairman, representing at-large, Group 2.
4 MR. BISHOP: Bill Bishop, District 2.
5 MR. REDMAN: Don Redman, District 4.
6 THE CHAIRMAN: All right. Thank you,
7 everyone, for being here.
8 Mr. Reingold, are you going to read the
9 statement tonight or is Ms. Owens going to have
10 to do that?
11 MR. REINGOLD: Whoever you would like to
12 read it.
13 THE CHAIRMAN: Well, Ms. Owens was
14 supposed to sing the Gator Fight Song, I
15 forgot.
16 Dylan, if you'll go ahead and get us
17 started by reading that into the record.
18 MR. REINGOLD: And we'll let Carol do "We
19 are the Boys of Old Florida" after the meeting.
20 Anyone who would like to address the
21 committee must fill out a yellow speaker's card
22 in its entirety. The yellow speakers' cards
23 are located on the desk up front, near the
24 podium. Once completed, please return the
25 speaker's card to the basket on the front desk.
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1 Any person who lobbies the City for
2 compensation is considered a lobbyist and is
3 therefore required to register their lobbying
4 activity with the City Council secretary. If
5 you are a lobbyist and have not registered with
6 the City Council secretary, you will not be
7 permitted to address the committee tonight.
8 Because a verbatim transcript of this
9 meeting will be prepared by a court reporter,
10 it is important that you speak clearly into the
11 microphone when you address the committee. It
12 is also important that only one person speak at
13 a time.
14 Any tangible materials submitted with a
15 speaker's presentation, such as documents,
16 photographs, plans, drawings, et cetera, shall
17 become a permanent part of the public record
18 and will be retained by this committee.
19 As a courtesy, please switch any cell
20 phones, pagers, or audible devices to a silent
21 mode.
22 Additionally, there shall be no public
23 displays of support or opposition, so please
24 refrain from applause or speaking out of turn.
25 Items are generally addressed in the order
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1 in which they are listed on the agenda. Copies
2 of the agenda are located on the desk up front,
3 near the podium.
4 On occasion, items may be heard out of
5 order for the sake of efficiency or to
6 accommodate a scheduling conflict.
7 Unless there is a formal hearing on a
8 particular item, each member of the public is
9 limited to a single three-minute presentation.
10 Presentations should be focused, concise, and
11 address only the item pending before the
12 committee.
13 Prior to addressing the committee, please
14 state your name and address for the court
15 reporter.
16 Decisions on rezonings, including PUDs and
17 waivers of road frontage and sign waivers, are
18 all considered quasi-judicial in nature and
19 certain protocols will be followed for those
20 proceedings.
21 First, each council member must disclose
22 on the record any ex-parte communications they
23 have had with any members of the public prior
24 to the hearing on each applicable item. This
25 includes a brief statement of when the
Diane M. Tropia, Inc., P.O. Box 2375, Jacksonville, FL 32203
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1 communication took place, who the communication
2 was with, and what the subject matter of the
3 communication was about.
4 Second, the normal format is to allow the
5 applicant or agent thereof to make their
6 presentation first, followed by members of the
7 public who wish to speak in support of the
8 item, then members of the public who are in
9 opposition will be allowed to speak.
10 After all the public comments have been
11 received, the applicant will have a brief
12 opportunity to wrap up or present a rebuttal.
13 The wrap-up or rebuttal shall be limited to the
14 issues brought up by the speakers.
15 In some instances, the Chair may permit a
16 concise surrebuttal or response to the
17 applicant's rebuttal, which will be followed by
18 a brief final response by the applicant.
19 Finally, all quasi-judicial decisions must
20 be based on substantial competent evidence,
21 which means that the committee's decision must
22 be supported by fact-based testimony or expert
23 testimony and not generalized concerns or
24 opinions.
25 THE CHAIRMAN: Thank you, Mr. Reingold.
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1 All right. Committee, if you -- we are
2 going to take a couple of items out of order
3 tonight to accommodate Dr. Gaffney, who has
4 a -- who's visiting the committee and has
5 another function or something to attend.
6 So if you'll turn to page 4, we're going
7 to take up items 8 and 9. These are companion
8 land use and rezonings. And we will have
9 public hearings on each one, so anyone caring
10 to address the committee, as mentioned earlier,
11 needs to fill out a yellow speaker's card. And
12 you're welcome to address both bills in the
13 same public hearing, but we will have separate
14 public hearings. If you address both bills in
15 a single public hearing, just let us know, you
16 know, whether you're talking about the land use
17 or the zoning when you speak, we'll come to
18 that.
19 So beginning with item 8, 2011-151,
20 Mr. Crofts, can you deliver the Planning
21 Department report, please.
22 MR. CROFTS: Be glad to.
23 Mr. Chairman and members of the committee,
24 ordinance 2011-151 and -152 are two items that
25 seek to change the future land use designation
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1 on the future land use map series of the 2030
2 Comprehensive Plan from public buildings and
3 facilities to light industrial. In the
4 companion rezoning, there's a request to change
5 the zoning from PBF-1, public buildings and
6 facilities, to IL, light industrial, on the
7 zoning Atlas of the city of Jacksonville.
8 This property is located at 2137 Liberty
9 Street, in Council District 7, and was formerly
10 owned by the school board. And under their
11 jurisdiction, this property was used as a
12 storage and warehouse facility for their
13 purposes.
14 Currently, it is being used in the form of
15 warehousing, distribution, and a social service
16 facility. Some of the items that we have
17 become familiar with include clothing and food
18 distribution, some counseling, medical
19 services, guidance, potentially some job
20 training and the like. And these are
21 administered -- as well as a food distribution
22 system, a food bank sort of -- type of use that
23 is being administered by two different
24 ministries are located on a piece of property
25 that consists of 1.45 acres.
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1 In order to overcome some of the internal
2 disagreement that exists with regard to the
3 property owners, the applicant in this
4 particular case is the City of Jacksonville.
5 And, again, the application is to the
6 industrial light, light industrial intensity in
7 both cases.
8 The site is located in the Springfield
9 neighborhood. It is not in the historical
10 district, however. Liberty Street is a
11 collector on the front of the property and
12 Walnut Street is a local street to the rear.
13 Staff has reviewed both of these
14 applications based on its consistency with the
15 Comprehensive Plan, the Urban Core Vision Plan,
16 and specifically policies 1.22, 1.124, and
17 policy 3.27, and objectives 3.2 and 63 [sic],
18 and focusing on those policies, which --
19 terminology that we utilize -- or themes that
20 we're utilizing are in terms of the
21 underutilization of the property now, the
22 emerging use, the redevelopment of the
23 property, compatibility. We feel that this is
24 a reuse that properly infills this particular
25 district, it's compatible with the surrounding
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1 zoning in the area, and staff recommends
2 approval.
3 THE CHAIRMAN: Okay. Thank you,
4 Mr. Crofts.
5 Any questions from the committee for
6 Mr. Crofts?
7 COMMITTEE MEMBERS: (No response.)
8 THE CHAIRMAN: All right. We have a
9 public hearing scheduled on this. This is the
10 land use portion, 2011-151. I have several
11 speakers' cards.
12 The public hearing is open. My first
13 speaker is Brenda Boydston, to be followed by
14 Mr. William Henry and then Roger Gannam.
15 If you-all can make your way down to the
16 front, we'd appreciate it.
17 (Audience member approaches the podium.)
18 AUDIENCE MEMBER: Good afternoon.
19 Yes, I'm Brenda Boydston, executive
20 director for Springfield Preservation and
21 Revitalization.
22 And when this appl- -- the notice first
23 came to our office --
24 THE CHAIRMAN: Ms. Boydston, I need your
25 address for the record.
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1 MS. BOYDSTON: Oh, I'm sorry. This is my
2 first time speaking before LUZ as executive
3 director.
4 My address is 1321 North Main Street.
5 THE CHAIRMAN: Thank you.
6 MS. BOYDSTON: Yes, when this -- a public
7 notice came into our office and read through
8 this, I was very excited and concerned.
9 This property on North Liberty Street,
10 since 2004, has been an ongoing issue for our
11 community. It is a warehouse. It looks like a
12 warehouse. It is in a warehouse district. And
13 since 2004, there have been issues with the
14 handing out of food, the social service part of
15 it that we have questioned consistently for
16 that area. It just isn't appropriate for the
17 area.
18 Even though it's not outside -- I mean, it
19 is immediately outside the historic district,
20 it is literally adjoining the historic
21 district, but it is definitely a light
22 industrial area and that's what we are in
23 support of, because of the -- the social
24 service part just doesn't belong in -- in the
25 community and it does not belong in the
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1 warehouse district that we do believe is going
2 to be revitalized.
3 And there's also been development that has
4 been planned and considered in that area, but
5 because of some of the things that have gone on
6 with the ministry that has positioned there,
7 they've been discouraged from the people that
8 are hanging out in front of the building -- or
9 in -- in conjunction with the activities going
10 on in the building.
11 However, I do want to say that we've --
12 actually believe that the building was vacant,
13 so -- the front of it does appear to have
14 break-ins and so forth. We've -- it's been
15 code issues, and so we had thought that the
16 front part of the building was vacant. And so
17 when -- again, back to what I said when I got
18 the notice and -- I contacted Dr. Gaffney's
19 office and contacted the Planning Department.
20 We were very reassured that it was being --
21 actually, the -- the zoning that you're
22 addressing tonight is going to correct what
23 should have been for the use of that facility.
24 Thank you.
25 THE CHAIRMAN: Thank you, Ms. Boydston.
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1 Any questions from the committee?
2 COMMITTEE MEMBERS: (No response.)
3 THE CHAIRMAN: All right. Thank you.
4 William Henry.
5 (Audience member approaches the podium.)
6 AUDIENCE MEMBER: Good evening.
7 My name is William Henry. I live at 2531
8 Eagle Bay Drive.
9 We are a co-owner of the building in
10 question. We were the ones who proposed the
11 light industrial, industrial light zoning
12 change, made the application. We did so after
13 we've learned that back in May 12 of 2004,
14 Home, Inc., had been cited. Mr. Mike Ogden,
15 who assured Compliance that the issue would be
16 corrected in two weeks -- it's been seven
17 years.
18 The other issues that's [sic] come up I
19 don't really want to get into here. I don't
20 think it's the -- the proper venue for it, but
21 it's a light industrial building, it's
22 warehousing. We have done everything we can --
23 we've invested over a half million dollars in
24 the back of the building, and we can produce
25 receipts for it. That's the kind of commitment
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1 we've made to Springfield.
2 And we'd like -- we've submitted light
3 industrial, industrial light because we'd also
4 learned that a magistrate was fining the people
5 in the front for failure to appear and comply
6 [sic] with submitting his zoning application.
7 So in July of 2010, July 27th to be precise,
8 that's when we submitted our application, and
9 we've gotten this far with it.
10 If you have any questions, I submit myself
11 to you, sirs, and I hope you'll continue to
12 support us.
13 THE CHAIRMAN: Thank you, Mr. Henry.
14 Any questions from the committee?
15 MR. REDMAN: Yes.
16 THE CHAIRMAN: Mr. Redman.
17 MR. REDMAN: Thank you, Mr. Chairman.
18 Mr. Henry, I understand the -- Home, Inc.,
19 was there before you were there; is that
20 correct?
21 MR. HENRY: Home, Inc., had negotiated a
22 lease purchase agreement. We came into the
23 building in August of 2003. I was advised by
24 Mike Ogden that he had been unsuccessful in
25 raising the funds. We offered to provide full
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1 capitalization on the property. At the last
2 minute, that was changed, and we presided -- we
3 presented him with a check for 50 percent of
4 the property, which they used to effect closing
5 on the property. And then our closing with
6 Home, Inc., was effected on June the 12th of
7 2004.
8 MR. REDMAN: Okay. At that point y'all
9 had an agreement to share --
10 MR. HENRY: That's correct.
11 MR. REDMAN: And so you have one half of
12 the building, they have another half of the
13 building?
14 MR. HENRY: Fifty percent cotenancy.
15 MR. REDMAN: Okay. And are y'all happy
16 with the -- what they do in their half of the
17 building?
18 MR. HENRY: When we originally entered the
19 building, Mike Ogden and I got along famously.
20 Mike left, and from that point on things
21 deteriorated. And that's why I said I -- I
22 didn't really want to go into it, but we've had
23 numerous alarms in the building. There's
24 things that I could say, but I won't. I don't
25 want to prejudice other things that's [sic]
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1 going to be occurring, but I will tell you
2 that, no, I've not been happy because it's not
3 what I was told was going to -- was going to
4 occur when we bought the building jointly.
5 MR. REDMAN: But they are doing the same
6 thing now that they were doing at that time?
7 MR. HENRY: It's progressively changed
8 because the people that were doing -- that we
9 were working with initially, they're gone.
10 You've got an entirely different group of
11 people in the front of the building.
12 Mr. Gannam, in the City Council meeting
13 last Tuesday, commented that they were hosting
14 church services. They're not providing the
15 church services, like Mike Ogden used to.
16 They're bringing somebody else in to do that.
17 MR. REDMAN: Okay. And I understand that
18 there is legal proceedings going on at this
19 time which would divide legally one half of the
20 building?
21 MR. HENRY: That would --
22 MR. REDMAN: The other half -- and decide
23 who owns what and what you can do there; is
24 that correct?
25 MR. HENRY: When the building is
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1 partitioned, then if Home, Inc., wished to come
2 back and repetition for something different,
3 that would be their prerogative.
4 MR. REDMAN: So your plan -- your idea
5 that -- if you rezone it to this rezoning, they
6 would not be able to operate with what they're
7 doing; is that correct?
8 MR. HENRY: That's what we've been told,
9 but it's -- my intent is to comply with City
10 ordinances. This has been an ongoing battle
11 since 2004.
12 MR. REDMAN: Okay. Wouldn't it be a more
13 pleasant thing to seek some zoning that --
14 where both of you could reside and stay and
15 function as an organization serving the public?
16 MR. HENRY: Well, Mr. Gannam had requested
17 that we change to a business park. But in our
18 evaluations, discussions with Mr. Crofts and
19 others, business park doesn't match up with
20 your usage as well.
21 And some of the things that we have
22 concerns about is -- they talk about clinics.
23 They have no provision for disposal of
24 biohazard materials. That continues to expose
25 us to various liabilities. They have no
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1 provision and license to transport biohazard
2 materials. Just that kind of thing. They're
3 feeding the public, but they don't have a
4 health-inspected kitchen.
5 MR. REDMAN: Okay. We have that same
6 problem in the park over here, but it sounds
7 like a better location for it than in the park.
8 Thank you, sir.
9 MR. HENRY: Yes, sir.
10 THE CHAIRMAN: Thank you, Mr. Redman.
11 Mr. Henry, what was the -- what exactly do
12 you do with your part of the building?
13 MR. HENRY: We provide -- we accumulate
14 humanitarian aid, specifically medical
15 equipment and medical supplies, as well as, to
16 some extent, clothing and shoes. And we send
17 humanitarian aid not only internationally, but
18 we've also responded to domestic needs with
19 disasters. We feed through Bishop Hall's
20 church over on 4th and Jefferson. We also
21 support Native American initiatives.
22 THE CHAIRMAN: Okay. And tell me how the
23 other tenant -- or the other owner, how
24 their -- how their function has changed from
25 when you originally -- other than the personnel
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1 changing --
2 MR. HENRY: It's not nothing like what it
3 used to be.
4 THE CHAIRMAN: Okay. Well, what did it
5 used to be like?
6 MR. HENRY: Well, it used to be that they
7 had an organization that reached out to the
8 community, local community that was in need,
9 but now you have people that's coming in by
10 car.
11 THE CHAIRMAN: How did they do that?
12 MR. HENRY: People would walk in, but now
13 it's a case that -- where people are driving in
14 from as far as away as Ponte Vedra Beach.
15 THE CHAIRMAN: Are the services their
16 providing, have they varied?
17 MR. HENRY: Yes.
18 THE CHAIRMAN: Okay. So how have they
19 varied? I guess that's what I'm trying to get
20 to.
21 MR. HENRY: Well, for one thing, it's --
22 there was never any concept of the clinic.
23 There was never any concept, from our
24 perspective, of bringing in other organizations
25 for them to serve as a landlord for these
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1 organizations. These services aren't being
2 provided by Home, Inc., at least not from our
3 perspective. Home, Inc., is strictly serving
4 as a landlord.
5 THE CHAIRMAN: And are they preparing
6 meals or just distributing food? I'm --
7 MR. HENRY: Well, if you go to their
8 website, you'll find where they claim to
9 prepare and serve hot meals.
10 THE CHAIRMAN: Well, you're there every
11 day, aren't you?
12 MR. HENRY: Every day, and I smell food.
13 (Simultaneous speaking.)
14 THE CHAIRMAN: -- (inaudible) what they're
15 doing. I mean, I go to websites and they say
16 all kinds of things --
17 MR. HENRY: That's correct.
18 THE CHAIRMAN: -- and sometimes that
19 doesn't necessarily agree with what --
20 MR. HENRY: But most --
21 THE CHAIRMAN: What do you see happening?
22 Are they preparing meals and serving meals?
23 MR. HENRY: According to the pictures that
24 we see that are dated for recent dates and
25 times. But you have to understand, they're in
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1 the front of the building. We're all the way
2 at the back of the building working on the
3 loading dock.
4 THE CHAIRMAN: So have you seen anybody
5 preparing a meal there yourself?
6 MR. HENRY: No --
7 THE CHAIRMAN: Okay.
8 MR. HENRY: -- but we smell it.
9 THE CHAIRMAN: You smell it?
10 MR. HENRY: Because there's a partition
11 between us at this point.
12 THE CHAIRMAN: Okay. And one final
13 question. Earlier, you said -- earlier, I
14 think I heard you say that you prepared an
15 application for the land use change and the
16 zoning.
17 MR. HENRY: We --
18 THE CHAIRMAN: Did you do that or was it a
19 City-sponsored --
20 MR. HENRY: Pardon?
21 THE CHAIRMAN: I thought I heard you say
22 earlier that you prepared the land use
23 application and the zoning app- --
24 MR. HENRY: We submitted the initial
25 application for land use and zoning.
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1 THE CHAIRMAN: Okay.
2 All right. Mr. Joost.
3 MR. JOOST: Thank you, Mr. Chairman.
4 I guess my question -- or -- first let me
5 go to the witness at the podium.
6 THE CHAIRMAN: Mr. Henry.
7 MR. JOOST: Mr. Henry, thank you.
8 Right now, just to -- just to go back
9 through the facts. You own half and Home,
10 Inc., owns half?
11 MR. HENRY: Correct.
12 MR. JOOST: Okay. I guess my question
13 would be, through legal or whoever wants to
14 pick it up through the Chair, have we ever had
15 a situation where somebody owns half a building
16 and they go through and rezone it to
17 essentially allow the other co-tenant not to be
18 able to do what they're doing?
19 THE CHAIRMAN: Mr. Reingold.
20 MR. REINGOLD: Through the Chair to the
21 council member, essentially, as Mr. Henry
22 described, he submitted an application. When
23 the Office of General Counsel looked at the
24 application, we realized that they would have
25 to have both owners sign off on it in order to
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1 be submitted.
2 When they weren't able to get that done,
3 that's when Dr. Gaffney stated that he was
4 willing to sponsor the bill, and thus now it is
5 a City-sponsored legislation that changes the
6 land use from PBF to the light industrial use.
7 And then, obviously, the other bill is the
8 companion rezoning.
9 MR. JOOST: So we're changing the zoning
10 on the entire building?
11 MR. REINGOLD: That is -- the land use and
12 the zoning on the entire building, that is
13 correct.
14 MR. JOOST: Okay. Thank you.
15 THE CHAIRMAN: Thank you, Mr. Joost.
16 Councilman Reggie Brown.
17 MR. R. BROWN: Yes, through the Chair to
18 Mr. Henry. If you could expound on -- I think
19 I understood you to say that we're in process
20 of legal matters between you and the other
21 tenant?
22 MR. HENRY: Correct.
23 MR. R. BROWN: Okay. Could you tell me
24 where you are with that?
25 And then my question with legal, are we in
Diane M. Tropia, Inc., P.O. Box 2375, Jacksonville, FL 32203
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1 the right posture? Because we're apparently
2 waiting for something to take place, so --
3 MR. HENRY: Well, it's -- it's a technical
4 term that I don't really care for. We're --
5 it's called -- it's called co-tenants, but, in
6 essence, we're co-owners. We have 50 percent
7 in common. I want to make -- I've been accused
8 of being a tenant. And I'm not a tenant; I'm
9 an owner. And this has gone on, as I said,
10 since 2004, and we have finally been able to
11 push it through to where we're before Judge
12 Waddell Wallace, and he will be hearing the
13 next phase. We've already had one hearing and
14 it should be concluded on the 27th of April.
15 MR. R. BROWN: And the purpose of the
16 hearing?
17 MR. HENRY: To partition the building.
18 MR. R. BROWN: To partition --
19 MR. HENRY: What I'm trying to do is stop
20 the ticking clock and the cha-ching of the cash
21 register that's racking up the fine from the
22 magistrate that's been assessed.
23 We've heard for a long time that it was
24 going to be changed and it didn't change and it
25 was finally time that we -- somebody had to do
Diane M. Tropia, Inc., P.O. Box 2375, Jacksonville, FL 32203
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1 something.
2 MR. R. BROWN: Okay. So then my question
3 goes to legal, through the Chair. In the event
4 co-owners -- we'll use Mr. Henry as Co-Owner A
5 and then the other folks as Co-Owner B. If the
6 judge ruled that Co-Owner B, if he -- you know,
7 he's in favor of Co-Owner B, then where will
8 that put this body --
9 THE CHAIRMAN: Mr. Reingold.
10 MR. REINGOLD: Through the Chair to the
11 council member, all you're looking at right now
12 is the whole property, and what you're looking
13 at is a comp plan change and a rezoning of the
14 entire property.
15 Now, if in the future a judge splits it,
16 draws the line in certain spots, they will have
17 that land use and zoning of the entire thing.
18 At that point, any of the owners can then come
19 to the City and make a specific request
20 stating, well, I'd like my portion, which is
21 legally defined as blank, to be -- whatever
22 they request.
23 But certainly we're in the right posture,
24 if this committee were to so vote on this, to
25 have the entire property changed to the light
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1 industrial use as proposed.
2 MR. R. BROWN: Okay. Thank you,
3 Mr. Chairman.
4 THE CHAIRMAN: Thank you, Mr. Brown.
5 Mr. Reingold, does the -- how does the
6 partition from the court affect the
7 accumulating fines?
8 MR. REINGOLD: It is my understanding at
9 this time that the fines are going to the
10 property owners under the current -- but once
11 it's partitioned -- actually, first off, you're
12 going to have a rezoning, if the City Council
13 were to adopt the land use and zoning change.
14 It's my understanding that then part of the use
15 of the property would then come into
16 conformance with the land use and zoning, part
17 of it would not be. And then if there was a
18 partition and the uses that are not permitted
19 under either the current zoning and land use or
20 the proposed land use and zoning, the fines
21 would still continue to run with that.
22 THE CHAIRMAN: Does the Court have the
23 ability to assign the fines to one or the other
24 side of the partition?
25 MR. REINGOLD: Well, certainly would have
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1 to work with Code Enforcement on the issue, but
2 if the Land Use and Zoning Committee and the
3 City Council ultimately decided to adopt the
4 land use and zoning proposed as before you,
5 then I'm not sure if Code Enforcement would
6 seek further fines on the part of the property
7 that was now in conformance with the land use
8 and the zoning.
9 THE CHAIRMAN: But there are existing
10 fines that would have to be abated either
11 through this body -- I guess my question is a
12 technical one of the Court. Does the Court
13 have the ability to assign the payment of those
14 fines to one or the other side of the
15 partition?
16 MR. REINGOLD: I would defer to the
17 attorneys who are involved in the matter, but
18 it's my understanding that right now what's
19 pending before the Court is simply a separation
20 of the property in [sic] deficient of the
21 property.
22 THE CHAIRMAN: Okay. Thank you.
23 Mr. Joost.
24 MR. JOOST: Thank you, Mr. Chairman.
25 One last question through legal.
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1 Okay. Forget Property Owner B maybe is
2 not the most desirable property owner but still
3 has a legitimate business. Okay? Does this
4 not constitute a taking of that person's
5 business? I mean, we're just -- you know,
6 we're just changing the zoning on him and
7 outlawing basically what this person is doing?
8 I mean, to me, it's like -- it's a taking of
9 the business and I'm going to be entitled to
10 some damages, you know? I mean, it's like
11 eminent domain. We're just taking the person's
12 property from him.
13 MR. REINGOLD: Through the Chair to the
14 council member, that would normally make sense;
15 however, in this circumstance the property has
16 not been utilized in accordance with the
17 zoning. So they haven't maintained any
18 rights -- it's not like they've been legally
19 operating under the zoning and we took away
20 those entitlements. It's my understanding that
21 it's been in conflict with the PBF land use and
22 the PBF-1 zoning.
23 THE CHAIRMAN: Thank you, Mr. Reingold and
24 Mr. Joost.
25 Mr. Redman.
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1 MR. REDMAN: Thank you, Mr. Chairman.
2 The logical thing to me would be to wait
3 until the judge decides who owns what part of
4 this building and who owns -- you know, in
5 the -- when he gets through, one party is going
6 to own one half of it and the other party is
7 going to own the other half. As it is right
8 now, they both own the whole building. That
9 would be the only fair solution to both parties
10 really. But to shut the other party out by
11 rezoning this thing before you know what part
12 of it is going to be your building just doesn't
13 seem like a fair thing to me. I mean, it --
14 you know, it's just a way --
15 And I noticed the lady that spoke
16 before -- I forgot her name -- said that
17 there's a possibility of some other -- some
18 construction or building or a business coming
19 into that area. Do you have plans of selling
20 that property?
21 MR. HENRY: No, sir, I do not. I've never
22 had plans to sell the property.
23 MR. REDMAN: Okay. But, you know, it only
24 makes sense to me that you'd wait until after
25 we see who owns what portion of that building
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1 before you make a judgment such as that.
2 THE CHAIRMAN: Thank you, Mr. Redman.
3 We are still in public hearing, so
4 preferably questions for the speaker.
5 Councilman Reggie Brown.
6 MR. R. BROWN: This question is actually
7 for Mr. Kelly. So it's through -- through the
8 Chair.
9 Okay. Mr. Crofts, we're talking about the
10 same property. Is it legal to have two
11 different zonings on the same property even
12 when the court's divided it in half? Because
13 it shares the same property. Can one half of
14 the building be zoned X and the other half be
15 zoned something else?
16 MR. CROFTS: I think after a decision has
17 been rendered ultimately on this thing, there
18 will be a revised legal that will be created
19 for that -- that particular subdivided piece of
20 property and then we will have what we need as
21 far as an individual entity to properly land
22 use and -- and zone it. So I think that's -- I
23 think the answer to your question is no, but I
24 think we'll get to that ultimate end through
25 this process.
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1 THE CHAIRMAN: So you're saying that
2 ultimately, yes, there could be two different
3 land uses and/or zonings on a single parcel
4 even though they -- or a -- what used to be a
5 single parcel but now has two legal
6 descriptions?
7 MR. CROFTS: True, yes.
8 THE CHAIRMAN: All right. Thank you.
9 Any other questions for Mr. Henry?
10 MR. HENRY: Sir.
11 THE CHAIRMAN: Mr. Henry.
12 MR. HENRY: It's my understanding that
13 each party will receive their own separate
14 deed.
15 THE CHAIRMAN: Okay. Thank you, sir.
16 Our next speaker is Roger Gannam.
17 (Audience member approaches the podium.)
18 THE CHAIRMAN: Mr. Gannam is our final
19 speaker. If anyone else cares to address the
20 committee on this, you do need to fill out a
21 card for me, please.
22 AUDIENCE MEMBER: Good evening, members of
23 the committee.
24 I actually have a set of exhibits to file,
25 if I may hand those over. I have one copy for
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32
1 each member of the committee. I also have
2 additional copies if anyone else would like
3 one.
4 Let me start by saying it appears that
5 everyone --
6 THE CHAIRMAN: Mr. Gannam, I need your
7 name and address for the record.
8 AUDIENCE MEMBER: Sorry about that.
9 Roger Gannam, Lindell & Farson law firm,
10 12276 San Jose Boulevard, representing
11 Home, Inc., or Hope Outreach Ministry for
12 Every-1, Inc., which is the other owner of the
13 property.
14 It appears that everyone has a good grasp
15 of what's going on here. The proposed land use
16 and zoning would essentially freeze out my
17 client and shut down their operations because
18 it's -- it's been told to us by the Planning
19 Department that what we do is not compatible
20 with what's been proposed.
21 The point of the exhibits that I've passed
22 out is to correct some misinformation. Those
23 exhibits show the record of correspondence
24 between myself and various counsel for the
25 other owner showing that before the -- the
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33
1 violation was even issued regarding using the
2 property out of the -- not in accordance with
3 the zoning, we wrote to the other owner and
4 asked for help with getting the zoning
5 resolved. This was in March of 2008. Then the
6 notice of violation was issued. Then we
7 reached out again to the other owner and said,
8 we need your help, as well as Dr. Gaffney at
9 that time. In neither case did we receive any
10 assistance with the zoning.
11 Now, shortly after that, the lawsuit was
12 filed by the other owner and we've been
13 embroiled in litigation. But as you can see
14 from the correspondence that at all times we
15 wanted their help to get the zoning resolved as
16 far back as 2008. And it was our understanding
17 then, which I think is still correct, that
18 neither owner could, on their own, initiate a
19 rezoning application. We didn't have the
20 assistance of anyone from the City at that time
21 to sponsor it legislatively.
22 We've always intended to seek a rezoning
23 once the partition action was finished, which
24 should be finished April 27th of this month
25 where we're at the end of our trial on the
Diane M. Tropia, Inc., P.O. Box 2375, Jacksonville, FL 32203
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1 partition matter.
2 We've never tried to get away from fixing
3 the zoning problems. I wanted to correct that
4 misinformation right at the outset, but the
5 fact is what we have here is, now in 2011, the
6 City basically is saying, we favor one owner of
7 the property and we disfavor the other owner,
8 so we're going to change the zoning so that one
9 can continue to exist and the other one cannot.
10 We provide a lot of valuable services. We
11 distributed 220,000 pounds of food last year to
12 the community, ranking us number five for
13 Second Harvest Food Bank out of all their
14 member agencies. We're doing good work there.
15 And you heard from SPAR some generalized
16 concerns about -- about who might be there, but
17 you heard her -- herself say, it looks to her
18 like the property is vacant, and that tells me
19 that there's not a problem with people hanging
20 around out front.
21 What we do is enclosed within the
22 building. We do not serve meals. Any City
23 agency that's ever been out there to examine
24 what we have done have always concluded that
25 we're not doing anything wrong. The only
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1 exception is this zoning issue, which, when it
2 was brought to our attention in May -- I'm
3 sorry, March of 2008, we acted immediately to
4 try to get it resolved, but we got no help from
5 the other owner, we got no help from the City
6 at that time.
7 Finally, I just want to say that we think
8 it's simply unfair for the City to favor one
9 owner and to disfavor the other one when --
10 when our -- my client found this property and
11 secured it initially.
12 I'll be happy to answer any questions.
13 THE CHAIRMAN: Thank you, Mr. Gannam.
14 Can you just tell me what -- what it is
15 that Home, Inc., does then --
16 MR. GANNAM: Home, Inc. --
17 THE CHAIRMAN: If you're not serving
18 meals, what are you doing?
19 MR. GANNAM: Home, Inc., distributes food
20 that people take with them and take home. We
21 receive food from the Second Harvest Food Bank
22 and we allow people to come and pick it up and
23 take it with them.
24 THE CHAIRMAN: Do you -- does that
25 activity occur within a specified day, a
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1 certain day of the week or hours of operation
2 each day of the week or --
3 MR. GANNAM: Whenever the food is
4 available. I couldn't tell you if it's
5 a certain hour or a certain time of day. But
6 when the food comes in from Second Harvest, we
7 allow people to come in and get it. That's how
8 Second Harvest works. They need people to
9 distribute their food, and we're -- we're
10 number 5 on their list for last year.
11 THE CHAIRMAN: How do the individuals know
12 that the food has come in?
13 MR. GANNAM: Word of mouth. People know
14 that we're there. Members of the community
15 know that we're there. We logged 24,000
16 contacts with people last year coming in for
17 various services, mostly the food.
18 And I want to correct something else.
19 Home, Inc., provides the food; Home, Inc.,
20 provides the clothing. Home, Inc's executive
21 director preaches at the church services. We
22 do indeed allow other organizations to come in.
23 We're a community center. That's always been
24 what we do. It's in the very co-tenancy
25 agreement between the parties.
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1 THE CHAIRMAN: Thank you, sir.
2 I have a few other questions.
3 Councilman Reggie Brown.
4 MR. R. BROWN: Yes. Through the Chair to
5 Mr. Gannam, so I can make sure I have a better
6 understanding of the day-to-day operation, are
7 you normally running an 8:00 to 5:00, Monday
8 through Fridays or Monday through Sunday
9 organization?
10 MR. GANNAM: It's my understanding that
11 the warehouse is open during the day on
12 business days. They're not open at night. No
13 one sleeps there, spends the night there.
14 We're open generally during business hours
15 during the week.
16 MR. R. BROWN: Okay. Monday through
17 Fridays. So you have a staff. And if you
18 could tell me how many --
19 MR. GANNAM: We have an executive director
20 who is not paid by Home, Inc. We have a
21 volunteer bookkeeper essentially. Home, Inc.,
22 doesn't pay a staff. The people who work for
23 Home, Inc. -- for example, our executive
24 director, he earns his support through his
25 ministry activities. He's an ordained bishop
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1 in his denomination. He does what he does for
2 Home, Inc., because he believes in the mission.
3 Home, Inc., to say that we've changed, the
4 people have changed, simply isn't true. We've
5 had one executive director, we then had a
6 second executive director, now we're on our
7 third executive director. That's it for the
8 staff of Home, Inc. There hasn't been any
9 wholesale, you know, change in what we do from
10 the time we began.
11 MR. R. BROWN: Okay. What I'm trying to
12 do, through the Chair, is I'm trying to get a
13 clear understanding because, you know, having
14 worked in social service -- you know, the
15 numbers you spoke of is 24,000, having reached
16 24,000. It appears that there have to be some
17 form of notification for folks to travel as far
18 as -- like I heard the Mandarin area, by car.
19 I guess they initially started out as a
20 neighborhood opportunity, has now become a --
21 citywide, which is great if you can afford to
22 do it, but I'm sure they have to be notified
23 somehow unless you have folks that are sitting
24 around and -- when I say that, staff there
25 Monday through Fridays, and it's just common
Diane M. Tropia, Inc., P.O. Box 2375, Jacksonville, FL 32203
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1 knowledge that it's 8:00 to 5:00, and that's
2 what I'm trying to -- because I'm hearing that
3 oftentimes the building is standing, no one is
4 there, or I even heard, you know, today that --
5 someone alluded that folks are kind of hanging
6 around.
7 I just need to get a clear -- that would
8 help me, if I understood the day-to-day
9 operations and how the information is
10 disseminated for folks to come by and pick up
11 the goods that they're requiring.
12 MR. GANNAM: I'm not aware of any
13 advertising or any kind of public notification
14 of what goes on there other than simply the
15 word of mouth of the people who use the
16 services, perhaps Second Harvest provides
17 information to people. I'm not aware of any
18 kind of advertising that's done.
19 In terms of the hours of operation, I -- I
20 don't work at the building. You know, I
21 represent them legally. I don't know if
22 it's -- if it's a strict 8:00 to 5:00 or if
23 there's certain hours that they're only open or
24 not open. I do know as a general matter
25 they're not open at night and they're not open
Diane M. Tropia, Inc., P.O. Box 2375, Jacksonville, FL 32203
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1 every day because the executive director cannot
2 be there every day. You know, he needs a day
3 off every once in a while.
4 MR. R. BROWN: Okay. My last question,
5 through the Chair, is, do we have a
6 representative, the executive director here
7 with you today?
8 MR. GANNAM: No, not here tonight.
9 MR. R. BROWN: All right. Thank you.
10 THE CHAIRMAN: Thank you, Mr. Brown.
11 Mr. Joost, you're next.
12 MR. JOOST: Thank you, Mr. Chairman.
13 Just a follow-up on a couple of things.
14 How many pounds of food did you say are
15 distributed or tons?
16 MR. GANNAM: Two hundred and twenty
17 thousand pounds.
18 Exhibit 10 in what I handed you is the
19 newsletter from the Second Harvest Food Bank
20 showing their top ten agencies, and right there
21 at number 5 is Home, Inc., with that number,
22 220,000 pounds.
23 MR. JOOST: Okay. Is this food -- are
24 they hot meals or are they just, you know, like
25 canned items?
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1 MR. GANNAM: No, sir. It's -- it's not
2 prepared food. It's simply donated food
3 obtained from Second Harvest and given to
4 people. You know, at time to time -- from time
5 to time in the past, Home, Inc., may have had a
6 celebration on the premises to recognize donors
7 or to celebrate a particular milestone. But as
8 part of their service offerings, they do not
9 cook food, they do not provide hot meals, they
10 do not have a kitchen service. That's simply
11 not what they do. And if there had ever been a
12 problem with that, you know, we -- we'd never
13 denied access to any agency that wants to take
14 a look at what we're doing. And if there were
15 a problem with it, we'd correct it, but that's
16 just simply not what they do.
17 MR. JOOST: Okay. Yet the other gentleman
18 said he can smell the food.
19 MR. GANNAM: I don't know what he smells.
20 It's not what we do.
21 MR. JOOST: Okay. And I'm just -- I'm
22 just a little curious because you were
23 saying -- just kind of playing the devil's
24 advocate a little bit, you said the only staff
25 is an executive director and a volunteer
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1 bookkeeper?
2 MR. GANNAM: That's correct. And there's
3 many volunteers throughout the day, but in
4 terms of --
5 MR. JOOST: Okay. Because I was going to
6 say, yet they serve 220,000 pounds of food with
7 only two people. I was going to say, it
8 doesn't seem to add up to me.
9 MR. GANNAM: Right. No, there's plenty of
10 volunteers who come and help us out from time
11 to time, but the only two fixtures would be our
12 executive director and our bookkeeper, who
13 are -- who are always there.
14 MR. JOOST: Okay. And then the last
15 thing, the -- are there other services that you
16 allow to use your property?
17 MR. GANNAM: Yes.
18 MR. JOOST: What are those?
19 MR. GANNAM: From time to time we have a
20 nurse who provides some free medical
21 clinic-type services. We have -- Jacksonville
22 Women's Job Core, for example, has used our
23 premises to provide job training to people who
24 need it. At times in the past, and perhaps in
25 the future, we've done an after-school program
Diane M. Tropia, Inc., P.O. Box 2375, Jacksonville, FL 32203
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1 for kids in the community administered by, you
2 know, organizations that have a common goal and
3 a common mission with Home, Inc.
4 It's always been Home, Inc.'s desire to be
5 a community center that would allow other
6 nonprofits and ministries to have a place to --
7 to provide whatever services they provide and
8 to have a -- you know, a complementary set of
9 services that are provided.
10 So, yes, we do allow people to use our
11 premises. We don't charge them rent. We're
12 not a landlord. That's part of our goal.
13 That's part of what we do, is to open up our
14 doors to other ministries to provide services.
15 MR. JOOST: And, in your own words, what
16 is -- your words, what is the current conflict,
17 then?
18 MR. GANNAM: Well, the conflict is simply
19 this: The currently proposed land use and
20 zoning --
21 MR. JOOST: No, with the other land owner,
22 co-owner, if you will.
23 MR. GANNAM: The conflict began back, as
24 he said, around 2005, 2006. The other owner
25 attempted to -- to force us to sell him the --
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1 our half, in other words, to take the entire
2 building. We resisted that. Eventually, he
3 filed suit, the other owner did, and we
4 whittled that lawsuit down to simply a
5 partition action where the judge has already
6 entered an order that said he will partition
7 the property. The only issue left for the
8 judge to decide is where --
9 MR. JOOST: To draw the line.
10 MR. GANNAM: -- to draw the line, that's
11 right.
12 So that's all that's left of the dispute
13 at this point is -- is where is the line going
14 to be drawn.
15 MR. JOOST: And so one side or the
16 other -- why wouldn't you just try to work a
17 buyout with such an acrimonious situation?
18 MR. GANNAM: Well, as I said, initially
19 the other owner wanted to force us out and take
20 the whole building.
21 But, as I said, my client found this
22 building, secured the lease of the building
23 from the school board, got the purchase and
24 sale contract from the school board, and
25 invited the other owner along at each step.
Diane M. Tropia, Inc., P.O. Box 2375, Jacksonville, FL 32203
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1 Initially, they -- they were
2 complementary, they were partners, but -- but
3 where my client is in this building -- I mean,
4 that is the ministry. It can't simply do what
5 it's doing anywhere. This building was a great
6 find for them. They got a great deal from the
7 school board for this surplus property, so my
8 client is not in a position to -- to buy out
9 the other, nor would they want to use that
10 entire warehouse space that -- it is not
11 necessary for the ministry that they're
12 conducting there.
13 MR. JOOST: And, lastly, do you or does
14 anybody in here -- I don't know if there are
15 pictures of the front of this warehouse, but
16 it -- that seems also to be kind of in dispute
17 as to -- it looks vacant or there may
18 actually -- I think the one lady said maybe
19 some of the windows were broken and didn't even
20 look like it's being used. Do we have any
21 pictures?
22 MR. CROFTS: Just to respond, I went out
23 there today to look at the property. There are
24 no broken windows, everything is intact. I did
25 see a couple of window units or air
Diane M. Tropia, Inc., P.O. Box 2375, Jacksonville, FL 32203
46
1 conditioners on the second story of the
2 building, so -- there were people parking and
3 driving in and out of there, so it looks
4 perfectly functionable [sic].
5 THE CHAIRMAN: Thank you, Mr. Joost.
6 Mr. Redman.
7 MR. REDMAN: Thank you, Mr. Chairman.
8 This is a nonprofit organization --
9 MR. GANNAM: Yes, sir.
10 MR. REDMAN: -- correct?
11 MR. GANNAM: That's correct.
12 MR. REDMAN: Both of these entities are?
13 Your chairman of the board, Mr. Durkee; is
14 that right, Ken Durkee?
15 MR. GANNAM: That's correct.
16 MR. REDMAN: I've met with Mr. Durkee and
17 he is involved in several downtown ministries,
18 I know, with the homeless and has a lot of
19 ministries going on. As a matter of fact, I
20 have met with him and some other people in this
21 building concerning the homeless and working
22 with him. So, you know, the -- I know that he
23 has lot of volunteers that work with him,
24 correct?
25 MR. GANNAM: That's correct.
Diane M. Tropia, Inc., P.O. Box 2375, Jacksonville, FL 32203
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1 MR. REDMAN: And -- anything that you
2 could add that would add to his ministry and
3 what he does?
4 MR. GANNAM: As far as what Mr. Durkee
5 does?
6 MR. REDMAN: Yes.
7 MR. GANNAM: Well, Mr. Durkee has always
8 been the -- has been the chairman and has, at
9 times, provided financial assistance. For
10 example, when property taxes needed to be paid
11 on the property, not because of what my client
12 did, which is exempt, but because the property
13 appraiser determined that the other owner had
14 some for-profit activities going on, when the
15 property taxes needed to be paid to prevent the
16 danger of a tax sale, Mr. Durkee stepped up and
17 paid the -- and loaned the money to the
18 ministry to pay those taxes.
19 So he's always been -- when he's had to,
20 been a financial contributor to the ministry,
21 but he's also been one of the visionaries and
22 one of the people who -- who helps, you know,
23 find and retain the types of volunteers and
24 things like that.
25 The litigation between the two owners,
Diane M. Tropia, Inc., P.O. Box 2375, Jacksonville, FL 32203
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1 candidly, has been a big obstacle to growing
2 the ministry and raising additional funds and
3 investing in the building. We need to get past
4 that before we can take those additional steps,
5 but -- but Mr. Durkee is a -- he's the chief
6 visionary, chief advisor from a board
7 standpoint, and -- although he is not involved
8 in the day-to-day operation of the business.
9 MR. REDMAN: Okay. Thank you.
10 THE CHAIRMAN: Thank you, Mr. Redman.
11 Mr. Henry, I've got a couple more
12 questions for you, if you can make your way
13 forward.
14 Mr. Joost again.
15 MR. JOOST: Essentially, what you're doing
16 right now, though, is not in compliance with
17 the zoning code; is that correct?
18 MR. GANNAM: Neither owner is because
19 it's -- it's public buildings right now, so no
20 one is in compliance because neither one of us
21 is a public entity.
22 MR. JOOST: What triggered the fines? I
23 mean, obviously you've been in the building for
24 some time prior to all this happening. I mean,
25 what happened?
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1 MR. GANNAM: Well, I didn't represent
2 Home, Inc., when they bought the building.
3 It's my understanding that either they simply
4 didn't know or were given bad information that
5 they didn't need to worry about zoning at that
6 time. This was in 2003, when they started
7 their work there, and they've been doing it
8 consistently ever since, so has the other
9 owner. He's been in --
10 MR. JOOST: I guess my question would be,
11 is -- in 2003, they were doing something that
12 seemed to be okay. Was there something in
13 2005, as to what the other gentleman alluded
14 to, they changed what they were doing? And did
15 that change, all of a sudden, put them out of
16 compliance with the zoning?
17 MR. GANNAM: I know of no changes. And,
18 in fact, I don't know of the episode that
19 Mr. Henry referred to.
20 As you'll see in the material I've
21 provided, the first time there was a violation,
22 something given to us, was in 2008. And, as
23 that correspondence shows, following that
24 violation, Home, Inc., actually notified the
25 other owner, said, we've got this problem. We
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1 go not response. So Home, Inc., went alone.
2 I personally went to two Code Compliance
3 hearings. Each time the special master was
4 willing to give us a deferral because he
5 understood that we -- with this pending
6 partition action neither owner could, acting
7 alone, get the property --
8 MR. JOOST: Now, what do you want your
9 half to be zoned to?
10 MR. GANNAM: Well, we understand from
11 discussions with Planning that there is another
12 zoning designation available -- or land use and
13 zoning, which would be business park,
14 industrial business park. And although no one
15 has promised us that 100 percent of what we do
16 would come under that, everyone I've spoken to
17 in Planning -- and maybe they can expound on
18 this -- has told me that it would be a much
19 better fit for what we do.
20 Our request is that what's currently
21 before the committee be denied because this
22 alternative exists that would allow both owners
23 to continue doing what they're doing without
24 interruption. So it is our position that the
25 currently proposed land use and zoning change
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1 should not be approved because there's an
2 alternative that would allow both owners to
3 coexist and keep doing what they're doing.
4 MR. JOOST: Okay. Thank you.
5 THE CHAIRMAN: Thank you, Mr. Joost.
6 Mr. Crofts or Mr. Reingold, the previous
7 speaker, Mr. Henry, mentioned that he was, you
8 know, compiling -- I think he said food
9 products to -- and clothing to be distributed.
10 Is that a consistent use with PBF or -- and
11 then as a follow-up question, are the fines
12 directed at one particular business or is it
13 just directed at the property? I mean, what
14 triggered --
15 MR. CROFTS: To answer your first part of
16 your question was the fact that whether the
17 PBF, the public buildings and facilities --
18 it's fairly clearly and concisely defined in
19 the code, which obviously reflected the
20 previous use as a school board use, that the --
21 that that would not allow the food distribution
22 and warehouse type of function that's going on
23 there, so that would be out of compliance.
24 I'm not sure which use triggered the
25 fines, the whole code enforcement issue. I'm
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1 not familiar. I'd have to defer to counsel or
2 just plead ignorance.
3 THE CHAIRMAN: But both uses, as described
4 by the two -- by Mr. Gannam and by Mr. Henry,
5 both those uses are inconsistent with the PBF?
6 MR. CROFTS: Correct.
7 THE CHAIRMAN: Okay.
8 MR. CROFTS: If I could just answer or add
9 one thing.
10 In kind of a follow-up to what Mr. Joost
11 said when we started talking about the land
12 use, the appropriate land use and zoning
13 categories in this particular case --
14 originally, it was -- and kind of explain where
15 the Department is on this.
16 Originally, it was under the Department's
17 impression that there was a residential
18 component in this particular -- and I'm hearing
19 that there is not anybody staying there
20 overnight now, and that's why we said the BP
21 was an appropriate land use category versus the
22 LI which does not allow new residential
23 development.
24 We have gone back today and spent quite a
25 bit of time reevaluating and looking -- going
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1 through the books and the land use categories
2 and the listed uses, and we have made a
3 determination that the uses, as they've
4 identified them, as we've heard them this
5 evening, are either -- are consistent either in
6 the LI or the IBP -- or the BP land use. Okay?
7 Both land uses will work.
8 However, because of the -- some of the
9 counseling, social service, the outreach
10 ministries that are involved in the use would
11 probably be more suited in a PUD for this
12 particular -- for the home outreach versus the
13 other individual that -- Home America, which
14 has the more conventional food, warehousing and
15 distribution.
16 THE CHAIRMAN: Okay. Did I just hear you
17 say that the Home, Inc., uses as described this
18 evening would be compatible with the land
19 use -- the --
20 MR. CROFTS: Either land use, BP or LI.
21 They wouldn't be allowed in the LI, if we
22 went to that direction. What they're doing
23 right now, in terms of the land use, would be
24 consistent with the land use.
25 We went back -- and the reason we had the
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1 concern before is because we thought there was
2 a residential component which would not be
3 consistent with the LI land use category. Now
4 that we've clarified and they've gone on record
5 in saying that that's not the case, then I
6 think -- then we would find it to be consistent
7 with the LI land use.
8 THE CHAIRMAN: Okay. Thank you,
9 Mr. Crofts.
10 Mr. Gannam, that is -- you mentioned that
11 earlier. Just for clarification, is there or
12 is there not a residential use going on with
13 Home, Inc.?
14 MR. GANNAM: No residential use.
15 THE CHAIRMAN: Thank you.
16 Okay. Any further questions for
17 Mr. Gannam?
18 COMMITTEE MEMBERS: (No response.)
19 THE CHAIRMAN: All right. Thank you.
20 Mr. Gannam. I would not go far --
21 MR. GANNAM: Thank you.
22 THE CHAIRMAN: -- like the front row is
23 probably as far as you should go.
24 Mr. Henry, two questions for you, sir.
25 (Mr. Henry approaches the podium.)
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1 THE CHAIRMAN: One is, the website that
2 you mentioned earlier, do you know what the
3 website address is? I've Googled and can't
4 find anything for Home, Inc.
5 MR. HENRY: If you type in Home, Inc.,
6 just under Google, Hope Outreach Ministry for
7 Every-1, Inc., it will bring that up.
8 THE CHAIRMAN: Okay. I will try that.
9 And the second question was, is your
10 venture a for-profit or not-for-profit --
11 MR. HENRY: It's a nonprofit. It's always
12 been a nonprofit.
13 THE CHAIRMAN: Do you conduct any
14 for-profit activities on your --
15 MR. HENRY: No, sir, I do not, never have.
16 THE CHAIRMAN: All right. Thank you.
17 MR. HENRY: And may I say, we've also paid
18 two of the tax bills.
19 THE CHAIRMAN: Okay.
20 MR. JOOST: What did he say to Google?
21 THE CHAIRMAN: Home Outreach --
22 MR. HENRY: Hope Outreach Ministry for
23 Every-1, Inc.
24 THE CHAIRMAN: Home Outreach Ministries --
25 MR. HENRY: It's also known as Home, but
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1 Hope Outreach Ministry for Every-1, Inc.
2 THE CHAIRMAN: It's on your agenda there.
3 And "everyone" is every, dash, numeric one.
4 Okay. Thank you, sir.
5 Anyone else care to address the committee?
6 AUDIENCE MEMBERS: (No response.)
7 THE CHAIRMAN: All right. The public
8 hearing is closed. This is not quasi-judicial,
9 so we have no need to disclose ex-parte.
10 Mr. Gaffney, did you want to --
11 DR. GAFFNEY: Thank you, Mr. Chairman.
12 THE CHAIRMAN: We appreciate you visiting
13 us tonight, Mr. Gaffney. You're welcome any
14 time.
15 DR. GAFFNEY: Well, thank you for your
16 consideration.
17 As I sit here and I listen to all of the
18 testimony, I -- I have some concerns.
19 This is really out of character for me. I
20 generally like to have an amicable,
21 expeditious, down-to-medium resolution;
22 however, we all have to be accountable.
23 Just -- when I have my constituents come
24 to me, come to me about their concerns and
25 issues, it concerns me. I have a
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1 responsibility as a -- as a councilman to do
2 what's best for the community.
3 As a district councilperson, we can
4 speculate, but I've been to this building. I
5 walked in this building. And just as you-all
6 would have certain stipulations and regulations
7 about zoning issues and buffers, I would like
8 the same for my district. So it's no
9 different.
10 Obviously, there must be something that's
11 really troubling me if I'm taking -- if I
12 believe that -- anything that would be
13 detrimental to the community I have a problem
14 with, I have a problem with. And I've been in
15 this building, and if we're -- the smell of
16 feces and rats' droppings jumping on you, is
17 that a healthy environment?
18 We hear at City Council there's 100,000
19 meals been served, and then he came back and
20 said it's 24, then it's 220,000 tons of
21 whatever, and there's never a car in front of
22 the building. Very simple. The building can
23 only accommodate about 14 cars.
24 So what I would like to do is -- if it's
25 legally -- even if it was legal and we can
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1 separate the two, I still would have specific
2 specifications with any business that comes
3 into the district that is going -- that they're
4 going to be responsible citizens, it's going to
5 be a nice setting. And it's not that nice a
6 building. It's an ugly building, dirty
7 building, and it's -- I don't feel that it's a
8 very safe and healthy environment. That's why
9 there's a lot of Code Enforcement issues.
10 As much as I would love to have this for
11 both parties, I must look out for the best
12 interest of my district. We don't want no
13 undesirables in our districts because the
14 citizens don't want it, and I want the same,
15 just as all of you. We've had this
16 conversation plenty of times in your district.
17 As long as it's legal, as long as it's
18 legal, if we can legally do this, then I'm for
19 it, leaving it just like it is, because I want
20 responsible corporate citizens. Not going by
21 there -- and I've had individuals who have
22 moved out of the building and they're saying
23 little kids got guns. Now, this is what I've
24 been told. And I'm pretty sure Mr. Henry's
25 attorney could have came up here and he could
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1 have said all that other -- the legal jargon as
2 well because I -- but I just want -- if -- I
3 want individuals to be responsible. I've --
4 I'm not going by what I've been told; I'm going
5 by what I've been -- what I've seen.
6 And just like when we want so many hedges
7 and plants and so many distant from the street,
8 I want the same thing for my district. That's
9 the reason I'm doing this. So I would hope
10 that, in all consideration, if -- that we would
11 consider to leave the zoning -- support it as
12 it is because, as I've said, it is such an
13 atrocity that even if the judge approve it, I
14 still would have some strict regulations on
15 this -- these individuals because it's not a
16 beautiful sight.
17 Thank you very much.
18 THE CHAIRMAN: Thank you, Dr. Gaffney.
19 Councilman Bishop, followed by Mr. Holt
20 and then Councilman Reggie Brown.
21 MR. BISHOP: Thank you, Mr. Chairman.
22 The bill -- there hasn't been a motion
23 made on the bill yet, but when there is I just
24 wanted to announce that I will be abstaining
25 from voting on this. My office is doing work
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1 with the front half owner through Rotary
2 charities, and so there may -- under advice of
3 the General Counsel's Office, there may be a
4 conflict of interest. I'll be abstaining on
5 this one as well as the next one.
6 THE CHAIRMAN: Thank you, Mr. Bishop.
7 Mr. Holt.
8 MR. HOLT: Well, I'll go ahead and move
9 the bill so that we can have discussion.
10 THE CHAIRMAN: Motion by Mr. Holt.
11 Is there a second?
12 MR. JOOST: What's the motion?
13 THE CHAIRMAN: Motion to approve 2011-151.
14 MR. D. BROWN: Second.
15 THE CHAIRMAN: Second by Councilman Dick
16 Brown.
17 MR. HOLT: Okay. Now --
18 THE CHAIRMAN: Discussion, Mr. Holt.
19 MR. HOLT: Now I have a question.
20 Somebody in all this discussion said that
21 this is under review by a judge and -- do we
22 have any kind of idea of how long before that
23 judgment is going to be made? We might
24 consider waiting to see what that ruling is and
25 give us a better footing on making a decision.
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1 THE CHAIRMAN: I'm not sure we have an
2 answer to that question. I have limited
3 experience with the court, but I don't think
4 anybody really knows when judges make
5 decisions, so --
6 MR. HOLT: Well --
7 THE CHAIRMAN: If anybody has that answer,
8 I've got a question about six numbers for the
9 Quick Pick Lotto tomorrow night.
10 MR. HOLT: Good point.
11 THE CHAIRMAN: But I'm not sure -- even
12 when the judge decides, that's just going to be
13 a partition, right?
14 MR. REINGOLD: (Nods head.)
15 THE CHAIRMAN: It's just going to say, the
16 line goes here or this is one person's half,
17 this is the other person's half, so I'm not
18 really sure it would have much impact here.
19 MR. HOLT: (Inaudible.)
20 THE CHAIRMAN: Mr. Gannam, do you have an
21 opinion on when the judge will make a --
22 MR. GANNAM: All I can say for sure is
23 that our trial resumes on April 27th. That's
24 the last day scheduled for trial. How long
25 after that the judge may take to rule I simply
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1 don't know.
2 THE CHAIRMAN: Sometimes that could take
3 months, right?
4 MR. GANNAM: It's possible.
5 THE CHAIRMAN: All right.
6 MR. HOLT: Mr. Chairman, the reason I'm
7 asking that was, I'm assuming that after that's
8 done, they would have two different legal
9 descriptions, have two different addresses, and
10 be able to do whatever the heck they want with
11 their own zoning.
12 THE CHAIRMAN: All right. Thank you,
13 Mr. Holt.
14 Mr. Brown, Reggie Brown.
15 MR. R. BROWN: Yes. Through the Chair,
16 this is to Mr. Crofts, because I want to make
17 sure that I have a clear understanding.
18 After litigation and basically we've
19 concluded that the only thing that's left for
20 discussion is the partitioning, and once that
21 occurs, will -- again, I will say Owner B,
22 which will be this organization here, Hope
23 Outreach Ministry, once it's partitioned, will
24 they have the luxury, if you will, to come back
25 to the City -- because that -- part of the
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1 building is now theirs legally -- to petition
2 to have the decision reversed --
3 MR. CROFTS: Well --
4 MR. R. BROWN: -- one way or the other?
5 THE CHAIRMAN: Mr. Crofts, Mr. Reingold,
6 who wants to --
7 MR. CROFTS: The -- now, again, I'm
8 assuming that this moves forward, certainly
9 they would have the opportunity to do that.
10 They would be the legal owner of that property
11 and they would have the right to file as
12 anybody else would, to come back and seek
13 whatever particular zoning they wanted, but
14 you'd have to understand that if this is
15 approved tonight, it would have to fall under
16 that light industrial ceiling. It would be
17 within those particular constraints, if it was
18 a rezoning, but -- or they could ask for
19 another land use as well.
20 But, anyway, yes, they have the ability to
21 do that.
22 MR. R. BROWN: Right. And so then my
23 second question, am I to understand, through
24 the Chair to Mr. Crofts, that Hope Outreach
25 Ministry can still function up under LI with
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1 their -- what was mentioned tonight?
2 MR. CROFTS: As I tried to clarify, they
3 can -- they will be consistent with the
4 overriding land use category of LI, which we
5 determined today, going through all the
6 records, all our information, in determining
7 that they did not have a residential component,
8 that it would be consistent with the land use
9 designation on the future land use map series.
10 However, there are certain uses that deal with
11 social service and ministry and outreach that
12 aren't specifically identified in the IBP
13 zoning or the IL zoning that they could not do.
14 So partially they can -- they could function.
15 MR. R. BROWN: Okay. So outside of
16 altering some of their day-to-day operations,
17 they can still be there?
18 MR. CROFTS: (Nods head.)
19 MR. R. BROWN: So then I guess that brings
20 me, Mr. Chairman, to this posture, as to -- you
21 know, we're -- we're not -- it doesn't appear
22 that we're going to impact anyone tonight,
23 either the front half or the latter half of the
24 building. So I'm trying to, I guess,
25 understand --
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1 THE CHAIRMAN: Well, Mr. Brown, we -- as
2 Mr. Crofts said, not by the land use which is
3 before us now, but in about two seconds we're
4 going to have the zoning in front of us which
5 will impact their and restrict some of their
6 uses.
7 MR. R. BROWN: Thank you, Mr. Chairman.
8 THE CHAIRMAN: Mr. Crofts, is there a time
9 constraint on when -- once the property is
10 divided, that the Home -- I'm sorry, is it
11 the -- Home, Inc., can apply?
12 MR. CROFTS: There is no time period
13 restrictions on when -- on how -- or when to
14 file.
15 THE CHAIRMAN: Okay. Thank you.
16 Mr. Joost.
17 MR. JOOST: Thank you, Mr. Chairman.
18 Just to reiterate, through the Chair,
19 because the first time I heard Mr. Crofts
20 saying basically there was no difference
21 between BP and IL and would essentially allow
22 them to continue doing what they're doing, but
23 now you're saying that's not necessarily so?
24 MR. CROFTS: I don't want to confuse you,
25 and that's why I was trying to be careful how I
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1 explained it.
2 Under the horizon of the land use
3 designation, which is this current bill, they
4 would be consistent -- their operation today
5 would be consistent with the land use, but you
6 have to understand the rezoning is the next
7 bill and there are certain things in the IL
8 zoning district, in the IBP zoning district
9 dealing with outreach ministry, certain food
10 distribution, types of activities that would
11 not be consistent.
12 Now, there are certain things in the
13 zoning, in the IL, such as an office use,
14 medical clinic, some of these trade schools
15 that we've heard about, they can go on, they're
16 consistent. If you look at the zoning code,
17 they're consistent in the IL or the BP, but
18 they're not -- but some of this outreach
19 ministry is not, and that's where there's a
20 little bit of a distinction and that's where,
21 in order to incorporate that, because they
22 aren't specific listed uses in those zoning
23 categories, it would probably take a PUD to
24 encompass all their uses under the LI land use
25 to be consistent all the way through.
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1 MR. JOOST: Now, let me say this, maybe
2 it's a bit presumptuous, but, I mean, if he
3 came back with a PUD, I mean, in all likelihood
4 the Planning Department is going to approve it,
5 aren't they, in your opinion?
6 MR. CROFTS: As I said, we look to the
7 overriding land use and certainly there are a
8 lot of -- yeah, I mean, we're getting down to
9 infinite details now, but I think, yeah, we
10 would obviously lean in a favorable light, yes.
11 MR. JOOST: So, I mean, actually, if I'm
12 the other attorney, I want the IL, to get rid
13 of all these fines that are piling down on me
14 right now. Is that -- I mean, both parties
15 would want IL; is that not correct?
16 MR. CROFTS: I don't know. I'm sure they
17 would --
18 MR. JOOST: I don't want you to speak for
19 them --
20 MR. CROFTS: No, I'm sure they would
21 because it would be a start, it would be a
22 substantial start toward the direction that
23 they're going, certainly, yes, in our
24 opinion -- in my opinion.
25 MR. JOOST: Okay. I'm not really sure
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1 what to -- I guess we should go forward with
2 the IL. And, if anything, we need to wait on
3 maybe the zoning to see what the judge says,
4 but, I mean, really it seems like both
5 owners -- what we've established tonight is
6 both are not in compliance with that --
7 whatever the land use is, and that needs to
8 change or these fines are going to keep adding
9 up, so essentially there's very little
10 distinction between the BP or the IL, so I
11 would say at a minimum tonight we should at
12 least do the land use.
13 Thank you, Mr. Chairman.
14 THE CHAIRMAN: Thank you, Mr. Joost.
15 Mr. Reingold, did you have a comment? I
16 saw your hand go up.
17 MR. REINGOLD: To the Chair and to the
18 committee as a whole, I believe there was a
19 question directed at Mr. Crofts concerning time
20 frames of applications. I just want to clear
21 up one small point. If the council were to
22 approve the land use change to the light
23 industrial, there would be an implication on --
24 if one of the applicants wanted to come in and
25 come in for another land use. If they wanted
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1 to come in for another land use at that point,
2 they wouldn't be able to use this small-scale
3 comp plan process. They would have to have --
4 they would have to use the semiannual comp plan
5 process under the state statute. But if they
6 were to be fine with the land use and they were
7 to come in for a different zoning, there would
8 be absolutely no time bar with regards to that
9 zoning.
10 THE CHAIRMAN: Okay. Thank you,
11 Mr. Reingold.
12 And I guess my follow-up question is, if
13 the land use before us is adopted and we change
14 PBF to LI, where does that leave the PBF-1
15 zoning district? It's not going to be
16 consistent with the LI land use, so what
17 problem does that present?
18 MR. CROFTS: We're out of compliance.
19 Obviously, we've been out of compliance. It's
20 just an issue -- a vulnerable issue,
21 ultimately.
22 THE CHAIRMAN: Okay. And, Mr. Reingold,
23 if the land use before us were adopted and one
24 or both of the parcels needed to be corrected
25 with regard to zoning, that could, in fact, be
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1 sponsored by any council member, correct?
2 MR. REINGOLD: That is correct.
3 THE CHAIRMAN: Thank you, sir.
4 All right. Mr. Holt.
5 MR. HOLT: I would just support Mr. Joost
6 and encourage people to support this and then
7 defer the zoning and -- either the -- the two
8 co-owners need to put their heads together on
9 conditions for a PUD or maybe a judge will
10 intervene and separate these two properties.
11 At that point, they can do whatever the heck
12 they want with their own piece of property.
13 It's got its own legal description, it's got
14 its own address, but I -- I just say we should
15 move this and then defer the next.
16 THE CHAIRMAN: Thank you, Mr. Holt.
17 Mr. Redman.
18 MR. REDMAN: Thank you, Mr. Chairman.
19 Mr. Reingold, through the Chair, you're
20 saying that if Party Number 2, as Mr. Brown
21 called him, were to decide to go with BP, IBP,
22 and the rezoning at a later date, they could do
23 that without any length of time in between?
24 MR. REINGOLD: Through the Chair to the
25 council member, I heard BP and IBP.
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1 The BP land use change, if the property
2 owner wanted to go forward with that --
3 MR. REDMAN: Light business park, if they
4 wanted to go to that, they would not have to
5 wait any --
6 THE CHAIRMAN: Mr. Redman, the BP would be
7 a land use change and there would be a delay
8 because that would have to be a semiannual, and
9 that's every six months. But if they wanted to
10 change to a different zoning --
11 MR. REDMAN: They could do it?
12 THE CHAIRMAN: If they wanted to go to
13 the -- what is it -- the IBP zoning, there
14 would be no delay with regard to filing that
15 application.
16 MR. REDMAN: Okay.
17 THE CHAIRMAN: Once we do the land use, if
18 we're going to change that -- or if anybody
19 wants to change that, that's going to have to
20 be through the semiannual process, which is
21 every six months.
22 MR. REDMAN: So it would work all right
23 with the IL land use?
24 MR. CROFTS: Yes.
25 MR. REDMAN: Thank you.
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1 THE CHAIRMAN: Reggie Brown.
2 MR. R. BROWN: Mr. Gaffney, that's who I
3 wanted to hear from.
4 THE CHAIRMAN: Okay. Did you have a
5 question --
6 DR. GAFFNEY: Thank you, Mr. Chairman.
7 THE CHAIRMAN: Mr. Gaffney, you --
8 DR. GAFFNEY: Yes. Thank you very much.
9 The reason I'm here is because there --
10 there's a problem. And if anybody was being
11 good corporate citizens, I would not be here.
12 This is out of character. And all of you
13 sitting here, you have business that have been
14 nuisance. I just hope you-all recognize that
15 you have the same issues in your district.
16 It's irrelevant, if you're going to change
17 it, whether they can coexist. I don't have a
18 problem if they're being good corporate
19 citizens, but I'm disturbed because -- there's
20 a lot of things I cannot say; however, for me
21 to be here, obviously you-all should realize
22 there's something very, very serious.
23 I don't ride San Marco and I don't ride
24 Oceanway, so I can't tell you what's going on
25 in Oceanway, and I doubt very seriously that
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1 you can tell me what's going on in my district,
2 but I hope you would understand that I want the
3 quality of life that my constituents want in
4 the community.
5 I have a responsibility as the district
6 councilman to do what's best for my district
7 and the quality of life in surrounding areas.
8 We have issues that a lot of you all don't
9 have. It's a bunch of industrial buildings
10 around there, and this particular building is
11 a -- it's something that I would hope that we
12 could have rectified.
13 However, this -- theses issues been going
14 on for seven, eight, nine, ten years, and let's
15 just be aware that somebody might have bought
16 something hypothetically for 3- or $400,000
17 and -- and want to sell it for four million.
18 There might be other issues come up with this
19 building in the future, so I would hope that
20 right now what works for my district is to make
21 it --
22 I've had a lot of complaints from the
23 community, a bunch of complaints, and I've gone
24 to the sheriff department. I just was trying
25 to -- just trying to figure out and see how we
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1 can make this thing work, but what I do see is
2 what's going on in that front part of that
3 building, and I don't think any of you would
4 want it in your -- in your district. Some of
5 you have sex clubs or whatever you have, what
6 they call the -- the clubs. You don't want
7 those in your district. And you wouldn't --
8 And we all have undesirables, and I would
9 hope that you-all understand that you know
10 what's best for your district because we
11 wouldn't have these come up again.
12 I would hope we would support this bill as
13 it is and move on.
14 Thank you.
15 THE CHAIRMAN: Thank you, Dr. Gaffney.
16 Councilman Reggie brown.
17 MR. R. BROWN: I do apologize, but it's
18 important that I have clarity because -- you
19 know, I do understand that each district
20 councilperson, and even at-large, they know
21 because they support the district
22 councilpersons and they know what's important
23 in their district, their respective districts.
24 But I want to make sure I have
25 clarification, Mr. Chairman, because 2011-151
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1 is asking that we move from PBF to LI, and as
2 we understand and have had dialog, that still
3 allows both parties to coexist. So it does not
4 change in terms of operations. You would still
5 have both parties still there, and I just
6 wanted to make sure that I had a clear --
7 THE CHAIRMAN: That is correct, Mr. Brown.
8 The motion before the committee is to
9 approve, with a second, 2011-151.
10 MR. R. BROWN: Okay.
11 THE CHAIRMAN: Any further discussion --
12 MR. R. BROWN: Thank you.
13 THE CHAIRMAN: -- from the committee?
14 COMMITTEE MEMBERS: (No response.)
15 THE CHAIRMAN: All right. If not, open
16 the ballot, please, vote.
17 (Committee ballot opened.)
18 MR. CRESCIMBENI: (Votes yea.)
19 MR. HOLT: (Votes yea.)
20 MR. BISHOP: (Abstains.)
21 MR. D. BROWN: (Votes yea.)
22 MR. R. BROWN: (Votes yea.)
23 MR. JOOST: (Votes yea.)
24 MR. REDMAN: (Votes yea.)
25 (Committee ballot closed.)
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1 MS. DAVIS: Six yea, zero nay, one
2 abstention.
3 THE CHAIRMAN: By our action, you've
4 approved item 8, 2011-151.
5 All right. Item 9, 2011-152.
6 Mr. Crofts, do you have anything to add to
7 the report?
8 MR. CROFTS: I really don't.
9 Staff recommends approval for the same
10 reasons that we recommended approval on the
11 land use, the previous bill.
12 THE CHAIRMAN: Thank you, Mr. Crofts.
13 2011-152 is quasi-judicial. Does anyone
14 have any ex-parte communication to disclose?
15 MR. REDMAN: Yes.
16 THE CHAIRMAN: Mr. Redman.
17 MR. REDMAN: Thank you, Mr. Chairman.
18 I need to declare ex-parte communication
19 with Ken Durkee back in February of this year.
20 Also, with Richard Moyer (phonetic) by phone
21 today, and with Roger Gannam in my office
22 today.
23 THE CHAIRMAN: Thank you, Mr. Redman.
24 Mr. Bishop.
25 MR. BISHOP: Thank you, Mr. Chairman.
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1 I spoke with -- by telephone with
2 Mr. Gannam this afternoon about the rezoning
3 proposal, but as I indicated on the earlier
4 bill, I'll be abstaining for the same reasons.
5 Thank you.
6 THE CHAIRMAN: Thank you, Mr. Bishop.
7 Councilman Reggie Brown.
8 MR. R. BROWN: Yes. I'd like to declare
9 ex-parte. Today I met with Mr. Gannam in my
10 office, basically to discuss his position
11 regarding this issue.
12 Thank you.
13 THE CHAIRMAN: Thank you, Mr. Brown.
14 Mr. Holt.
15 MR. HOLT: I too met with Mr. Gannam today
16 in my office at about 4:30 and we discussed the
17 details of the property.
18 THE CHAIRMAN: Thank you, Mr. Holt.
19 And I have ex-parte communication to
20 declare.
21 I have an e-mail dated Monday, April 18th
22 from Roger Gannam, which I'll submit for the
23 file, and also had a meeting today with
24 Mr. Gannam from 4 o'clock to 4:20 and just
25 discussed primarily the nature of the operation
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1 of Home, Inc., and what they did.
2 All right. Any other --
3 DR. GAFFNEY: Right here.
4 THE CHAIRMAN: Dr. Gaffney.
5 DR. GAFFNEY: Thank you.
6 I just want to declare ex-parte.
7 I spoke with Bill (inaudible) on March the
8 8th in reference to the nature of the property,
9 Roger Gannam on April the 12th in reference to
10 the nature of the property.
11 Thank you.
12 THE CHAIRMAN: Thank you, Dr. Gaffney.
13 Any other ex-parte?
14 COMMITTEE MEMBERS: (No response.)
15 THE CHAIRMAN: All right. We have a
16 public hearing on this matter tonight; however,
17 before we get into the public hearing, I
18 detected a -- some sentiment from the committee
19 to defer this bill. And if we're -- if that's
20 going to be where we're going to go, I want to
21 advise the public hearing participants
22 accordingly.
23 So is -- I guess through a show of hands
24 as to --
25 MR. R. BROWN: (Inaudible.)
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1 THE CHAIRMAN: Well, we will.
2 MR. JOOST: Could I just say something?
3 THE CHAIRMAN: Sure. Mr. Joost.
4 MR. JOOST: Really -- I kind of gather at
5 the end of the day, even if we change the
6 zoning, we're not really going to end up
7 changing much because the Planning Department
8 is going to be inclined to approve his PUD, you
9 know, with whatever conditions, and we're right
10 back where we're at with the two owners.
11 So, I mean, whether we go forward or
12 not -- me, personally, whether we go forward
13 tonight or not isn't going to make a whole lot
14 of difference to me because I think at the end
15 of the day all we're doing is just kind of
16 spinning the wheel around and not really
17 accomplishing that much.
18 So, I mean, if -- to me, if the district
19 councilperson wants to go forward, then I would
20 lean towards his discretion and move forward
21 with it.
22 THE CHAIRMAN: Okay. Dr. Gaffney, did you
23 want to comment?
24 DR. GAFFNEY: Yes, sir.
25 I just rather we move forward. The
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1 worst-case scenario, then we'll have some very
2 good stipulations where we can make sure --
3 just like with any zoning issues, that we have
4 some very good citizens, corporate citizens, so
5 let's move forward, please.
6 THE CHAIRMAN: All right. Mr. Holt, did
7 you have a comment?
8 MR. HOLT: No.
9 THE CHAIRMAN: Okay. In the preservation
10 of time -- I don't want to go through this
11 exercise if we're only going to defer this, so
12 I was just trying to get a sense. I think I've
13 gotten that.
14 All right. We have a public hearing
15 scheduled on item 9, 2011-152.
16 Mr. Redman, I'm sorry, I didn't see you on
17 the queue.
18 Go ahead.
19 MR. REDMAN: Thank you, Mr. Chairman.
20 To Mr. Reingold, if we pass this zoning,
21 would that interfere with the -- what the --
22 Party B is doing?
23 MR. REINGOLD: Through the Chair to the
24 council member, well, essentially they're
25 operating in conflict with their zoning right
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1 now. So if -- as I understand the uses that
2 they want to do, that would also be in conflict
3 with this zoning request, so they would be in
4 conflict with it either way.
5 THE CHAIRMAN: Well, Mr. Reingold, with
6 all due respect, what I heard earlier was that
7 if we adopted this zoning district, that the
8 warehousing functions would be essentially
9 legitimized, but the outreach ministries and
10 the distribution of food would not be
11 consistent with the newly-adopted zoning
12 district. Would you concur with that?
13 MR. REINGOLD: Yes, I'm sorry. I thought
14 the question was whether Home, Inc's operation
15 was consistent with the proposed zoning, and my
16 answer --
17 THE CHAIRMAN: None of it's consistent
18 now, but part of it would be, but part of it
19 would remain inconsistent; is that correct?
20 MR. REINGOLD: Yes, that would be correct.
21 THE CHAIRMAN: All right. Does that
22 clarify things, Mr. Redman?
23 MR. REDMAN: Yes.
24 THE CHAIRMAN: All right. Thank you.
25 All right. We have a public hearing
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1 scheduled this evening on item 9, 2011-152.
2 The public hearing is open. I have three
3 speakers' cards. The first speaker is Brenda
4 Boydston, who I think -- is she still here? I
5 thought I saw her slip out.
6 MR. HENRY: She had to leave.
7 THE CHAIRMAN: She had to leave. Okay.
8 Guess who's next, Mr. Henry? You. So
9 come on down, followed by Roger Gannam.
10 And this is on the rezoning.
11 (Mr. Henry approaches the podium.)
12 MR. HENRY: You've heard -- no sense
13 rehashing everything and beating everybody up
14 over the same issues again.
15 We were offered in '08, by Mr. Gannam, a
16 change from public building [sic] and
17 facilities to public building and facilities,
18 and I don't see where we've gained anything
19 with that. We'd still be in noncompliance.
20 That's why we went with the IL/LI. And we're
21 just trying to comply with what zoning
22 ordinances and what we've been told that we
23 need to be, and that's why we're here tonight.
24 We're trying to be in compliance.
25 We accumulate all types of goods and we
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1 ship predominantly overseas. We have very
2 little that's domestic, except in extreme cases
3 when we're contacted by Bishop Hall, but the
4 distribution doesn't take place at our
5 warehouse; it takes place at his church.
6 That takes place. We've delivered to
7 Salvation Army. We've delivered to Sulzbacher
8 Center. We've delivered all over, but we don't
9 distribute anything from the building, at least
10 not domestically.
11 THE CHAIRMAN: Okay. Thank you, sir.
12 Mr. Redman, a question?
13 Mr. Henry.
14 MR. REDMAN: Thank you, Mr. Chairman.
15 Mr. Henry, did you file a complaint with
16 the sheriff's department about something that
17 was going on in this building or something that
18 had happened?
19 MR. HENRY: Yes, I did.
20 MR. REDMAN: And was there an arrest made
21 that dealt with this situation?
22 MR. HENRY: No one in the front was
23 arrested.
24 MR. REDMAN: Was anybody in the back
25 arrested?
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1 MR. HENRY: I was.
2 MR. REDMAN: Okay. What was the charges?
3 MR. HENRY: They charged me for -- with
4 filing a false police report.
5 MR. REDMAN: So you filed a false police
6 report to make it look like the other party
7 was -- did something wrong?
8 MR. HENRY: No, sir. That's what I was
9 charged with. It was adjudicated. I was never
10 found guilty.
11 MR. REDMAN: Okay. Thank you.
12 MR. HENRY: I was never convicted.
13 THE CHAIRMAN: Thank you, Mr. Redman.
14 Any other questions for Mr. Henry?
15 COMMITTEE MEMBERS: (No response.)
16 THE CHAIRMAN: Now, Mr. Henry, no taxes --
17 no taxes are being levied on the building at
18 all at this point?
19 MR. HENRY: We've paid up, yes, sir.
20 Everything has been paid for.
21 THE CHAIRMAN: Well, I guess my question
22 is, on a -- on an annual basis, are there any
23 real estate taxes, ad valorem taxes being
24 levied on the property?
25 MR. HENRY: There were, but that's another
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1 issue. That's a -- we don't understand how you
2 can levy taxes on a building that's zoned PBF,
3 but that's another issue. That's something
4 we'll work out with other people.
5 What we're -- we've paid -- there were
6 taxes levied on the property and we paid those
7 taxes, at least a portion of those taxes.
8 THE CHAIRMAN: Because usually they only
9 levy taxes if you're conducting for-profit --
10 MR. HENRY: Well, they were led to believe
11 that we were providing for-profit activities in
12 the back, and we are not.
13 THE CHAIRMAN: But you're appealing that
14 with the property appraiser's office?
15 MR. HENRY: We will when this is all said
16 and done.
17 THE CHAIRMAN: Okay. Thank you, sir.
18 All right. Mr. Gannam, you're next.
19 (Mr. Gannam approaches the podium.)
20 MR. GANNAM: Thank you, Mr. Chairman.
21 Roger Gannam, 12276 San Jose Boulevard.
22 I intended for the exhibits I passed out
23 earlier to -- to be filed in both proceedings;
24 is that permissible or --
25 THE CHAIRMAN: Yes.
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1 MR. GANNAM: Okay. Thank you.
2 First of all, I want to say that I
3 appreciate the clarification from Mr. Crofts.
4 Today is the first time that I think anyone has
5 actually heard that light industrial, as a land
6 use, would allow my client's activities purely
7 as a land use matter, and we appreciate the
8 clarification and the work that they've done
9 and -- and try to get an answer on that.
10 So I -- I still believe that everything I
11 said earlier applies to the extent we've got
12 a -- now a -- the zoning before this commission
13 where the proposed zoning, IL -- and unless I
14 hear otherwise -- is not going to be compatible
15 with what my client does. And this essentially
16 takes a situation where, yes, both owners are
17 out of compliance, but it puts the burden only
18 on one of those owners to have to either file a
19 PUD or file for a rezoning when it's all said
20 and done. We still believe that's simply wrong
21 as a matter of policy, for the City to favor
22 one owner over the other.
23 And with all due respect to Dr. Gaffney
24 and the concerns he has for his district, we
25 understand that, but we don't have a letter
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1 from -- or a complaint from a member of the
2 community or a neighbor or a code citation for
3 any ongoing problem. SPAR didn't appear at the
4 workshop, didn't appear at the first City
5 Council public hearing, didn't appear at the
6 Planning Commission. We don't know where these
7 complaints are coming from and we believe that
8 if given an opportunity to address any specific
9 problems, if given that information, my client
10 would be happy to respond to those things.
11 We don't have any members of the community
12 here tonight, again, apart from the one
13 representative from SPAR, to say what it is
14 that we're supposedly doing wrong out there.
15 I do want to point out the fines issue.
16 We are told that the fines will continue to
17 accumulate until the property is brought back
18 into compliance. So if a -- if one of the
19 owners is in compliance and the other one's
20 not, the property is out of compliance until
21 the partition occurs and then each owner will
22 then be responsible for their own. So those
23 fines will continue until the entire property
24 is in compliance.
25 And, finally, I would just say again that
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1 there is an alternative zoning in IBP that,
2 again, unless we're told otherwise, would
3 accommodate both owners. That's more
4 appropriate. And, for that reason, what's
5 currently proposed should be denied.
6 Thank you.
7 THE CHAIRMAN: Thank you, Mr. Gannam.
8 Mr. Gannam, you understand that the
9 comments about being consistent were with
10 regard to the land use category, which has been
11 approved, but with regard to the zoning that
12 we're having a public hearing on now, that all
13 the uses by Home, Inc., would not be consistent
14 with the proposed zoning district; you
15 understand that?
16 MR. GANNAM: That is my understanding.
17 THE CHAIRMAN: Okay.
18 MR. GANNAM: Yes, sir.
19 THE CHAIRMAN: All right. Councilman
20 Reggie Brown.
21 MR. R. BROWN: Through the Chair to
22 Mr. Gannam, in the current status, both A and
23 B, they're out of compliance. LI would
24 impact -- have a negative impact on your
25 organization. What percentage of your
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1 program -- of the company will be impacted by
2 LI?
3 Because what I'm understanding is that --
4 and the reason I ask this question is because
5 it appears that only a PUD is the only way
6 you're going to be able to function because you
7 cannot function as a PBF, and so we're going to
8 have to come this route at some point if you're
9 going to stay in operation unless you decide to
10 work within the boundaries of IL.
11 MR. GANNAM: It's -- I can't put a
12 percentage on it, I'm afraid. And it's my
13 understanding that -- that a lot of what we do
14 would be permissible under the IBP zoning.
15 However, again, the -- the Planning Department
16 is the authority on this, and they're going to
17 be the ones tasked with enforcing whatever
18 is -- the ultimate outcome is, so I have to
19 look to them for guidance.
20 And what my understanding is -- is that
21 most of what we do would be okay under IBP. It
22 may be that if we want to do 100 percent of
23 what we are doing now, we have to file a PUD,
24 but we'd at least like the option to consider,
25 you know, maybe scaling back to fit within an
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1 IBP versus having to file a PUD and have to --
2 have to bear that burden, whereas if it's IL,
3 we -- we've pretty much been told that -- that
4 everything we're doing would be out of
5 compliance, and that's just not a -- an option
6 that we believe we should have to face. It
7 would be much better to have IBP and then face
8 the option of, well, do we scale back some or
9 file a PUD maybe to get 100 percent of what
10 we're doing.
11 But I -- I hope I answered your question,
12 but it's difficult to say, you know, what part
13 of our ministry is more valuable than another
14 and -- you know, and -- and if it's IL, we're
15 told we can't do -- really do any of it.
16 MR. R. BROWN: Okay. But if -- through
17 the Chair, I want to make sure that I have a
18 clear -- with the functions, and I know that
19 you're not the executive director and can list
20 all of them, but if -- if I could -- I
21 understand that food distribution, clothes
22 distribution is two services that you provide?
23 MR. GANNAM: That's correct.
24 MR. R. BROWN: Those would fall up under
25 IL? Am I correct, Mr. Crofts?
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1 MR. CROFTS: I think the warehousing
2 aspect of it is consistent, but I think when we
3 get into the actual distribution and the
4 clothes distribution, social service, then
5 there -- may come into question.
6 But I want to point out again -- and --
7 the statement about whether -- you know, to
8 what degree are we talking about an
9 inconsistency of this particular use as it
10 relates to the IL zoning. And I think if --
11 from what I'm understanding, I think a large
12 percentage of this particular use would be
13 consistent with the -- with the zoning
14 category, the IL, except where some of these
15 institutional -- food distribution, the -- and
16 other types of outreach.
17 MR. R. BROWN: Thank you, Mr. Chairman.
18 THE CHAIRMAN: Mr. Crofts, is the -- what
19 triggers the inconsistency with the
20 distribution? I mean, both -- both businesses
21 are warehousing goods, both of them are
22 distributing the goods, as I heard in public
23 hearing this evening. What triggers the
24 difference or what --
25 MR. CROFTS: Well, I think it's a bigger
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1 picture than that. I think it's the
2 interaction with the public, the amount of
3 people that come and the interaction, the --
4 between the service and the public at large.
5 There's really not that -- as you -- as you
6 pointed out correctly, there's really not that
7 much difference between the two types of uses,
8 but I think the -- it's the outreach, it's the
9 interaction of the public.
10 THE CHAIRMAN: So the individual coming in
11 and picking up a box of food is viewed
12 differently in the code versus a truck coming
13 and picking up a palate of --
14 MR. CROFTS: Yes. It's more of that
15 constant flow back and forth, interaction, the
16 degree of interaction.
17 THE CHAIRMAN: All right. Thank you.
18 Mr. Holt.
19 MR. HOLT: Thank you.
20 Through the Chair to Planning, I just
21 wanted to make sure I understood something
22 Mr. Gannam said a minute ago about the fines.
23 Both of these individuals, I guess, have
24 accrued a bunch of fines. And by the action we
25 take tonight, if we pass this, the first
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1 gentleman -- and, I'm sorry, I've forgotten
2 your name down there.
3 THE CHAIRMAN: Mr. Henry.
4 MR. HOLT: Mr. Henry's fines would stop.
5 Would Mr. Gannam's client continue to accrue
6 fines if he continued to --
7 MR. CROFTS: Well, this would be -- excuse
8 me -- this would be a -- to the Chair and to
9 Mr. Holt, this would be the first step, I would
10 think, that -- you know, by having the land
11 use, which, in our opinion, is a controlling
12 kind of mechanism, if you will, in terms of the
13 use of the property over the zoning -- you
14 know, I really can't speak for how the Code
15 Enforcement process works, but I'm certain that
16 this would be a significant step to that
17 reduction or setback of assessing fines.
18 MR. HOLT: My concern is that -- this is
19 in the middle of a lawsuit of sorts, and to
20 give advantage to one party over another, I
21 don't know that we want to -- want to do that.
22 If one person is accruing fines and another
23 person is not, then one has an urgency about
24 wrapping up the lawsuit and the other one does
25 not have an urgency of -- about wrapping up the
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1 lawsuit.
2 But I would like to know what the
3 situation is on who is going to be continuing
4 to be fined if -- if we were to pass this
5 tonight because at any -- in any case, if they
6 both want to continue doing everything that
7 they're doing, they're going to have to go
8 through the PUD process and that takes a while.
9 MR. GANNAM: May I respond to the issue of
10 the fines?
11 THE CHAIRMAN: Mr. Rein- --
12 MR. HOLT: I'd rather hear from someone on
13 staff to --
14 THE CHAIRMAN: Mr. Reingold --
15 MR. HOLT: -- know what's going to happen.
16 THE CHAIRMAN: I would think that until
17 the partition is ordered by the Court, it's one
18 property owner at present, and that single
19 property owner is going to continue to be
20 responsible for any existing or future accruing
21 fines up until the point of partition. And, at
22 that point, then you're --
23 (Simultaneous speaking.)
24 MR. HOLT: -- (inaudible) both parties.
25 THE CHAIRMAN: Well, that's -- yeah,
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1 they're co-owners. Yeah, that's --
2 MR. HOLT: So, at this -- I mean --
3 THE CHAIRMAN: Does that -- do you see it
4 any differently, Mr. Reingold?
5 MR. REINGOLD: (Shakes head.)
6 MR. HOLT: After action is taken, do those
7 fines all go away? And, if not, how do these
8 guys divide up responsibility for them --
9 THE CHAIRMAN: Mr. Reingold.
10 MR. REINGOLD: If I may -- and I certainly
11 don't know all the status of the Code
12 Enforcement cases as it is, but I think it's
13 important -- one of the things I do want to
14 direct the committee back to is just the
15 concept of analyzing the rezoning request in
16 the context of the criteria in our code and
17 just making sure it's consistent with our comp
18 plan, that it furthers the goals and objectives
19 and policies of the comp plan, that it's not in
20 conflict with our land use development
21 regulations and just those sorts of criteria.
22 I'm just a little bit apprehensive about
23 hearing things about lawsuits being filed, you
24 know, and JSO being called and -- and Code
25 Enforcement fines, you know, what -- what the
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1 status are -- it's just -- I just wanted to
2 raise that one issue.
3 Thank you.
4 THE CHAIRMAN: Thank you, Mr. Reingold.
5 Mr. Reingold, though, any council member
6 has the ability to introduce legislation
7 abating the fines, correct? I mean, that's
8 happened before.
9 MR. REINGOLD: I believe the council has
10 worked with our staff in addressing those
11 issues.
12 THE CHAIRMAN: I mean, I know you don't
13 like to see that, but --
14 Mr. Holt, anything else?
15 MR. HOLT: I don't know that I really got
16 an answer from the Planning Department on -- on
17 who might continue to be fined and who might
18 not.
19 MR. CROFTS: Well, who -- I mean,
20 obviously if there's somebody violating the law
21 in this case inconsistent with the zoning, that
22 would be the person who would be fined. And,
23 in this particular case, the IL is not going to
24 meet all their needs -- all their Home -- Home
25 ministry's needs. So, I mean, that's -- that's
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1 where the violator is. Now, how that's
2 administered, that goes back to, you know, who
3 owns the property at the time.
4 MR. HOLT: So what I can see -- play the
5 devil's advocate here, at least look down the
6 road maybe and say, what if Mr. Gannam's client
7 continues to do things that are not in
8 compliance with IL/LI? And then he's kind of
9 obligating this gentleman over here because
10 he's part owner in the building that's being
11 fined. So, I mean, it puts him at a
12 disadvantage and -- in wrapping up all the
13 legal wranglings.
14 Thank you.
15 THE CHAIRMAN: Thank you, Mr. Holt.
16 Mr. Joost.
17 MR. JOOST: (Inaudible.)
18 THE CHAIRMAN: We're still in the public
19 hearing.
20 MR. JOOST: I'll reserve my comments till
21 after the public hearing.
22 Thank you.
23 THE CHAIRMAN: Any other comments for
24 Mr. Gannam?
25 COMMITTEE MEMBERS: (No response.)
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1 THE CHAIRMAN: All right. Thank you,
2 Mr. Gannam.
3 MR. GANNAM: Thank you.
4 THE CHAIRMAN: Any other speakers care to
5 address the committee?
6 AUDIENCE MEMBERS: (No response.)
7 THE CHAIRMAN: All right. Seeing no one,
8 the public hearing is closed and we are back in
9 committee.
10 Is there a comment or a motion or --
11 Mr. Joost.
12 MR. JOOST: I would say, number one, that
13 the fines don't really matter; you know, they
14 both own the property, so if one is out of
15 compliance, both are out of compliance because
16 they own the property together. So it's the
17 property owner -- how they divvy it all up,
18 that's their business. It's up to them. You
19 know, they'll have to settle the -- their
20 lawsuit.
21 So, you know, like I said, I guess my --
22 at the end of the day, I don't know that we're
23 really going to accomplish that much because
24 the guy -- you know, they're going to put in
25 their PUD, they're going to -- they're going to
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1 approve it. There may be a couple of
2 conditions in there, you know, to put in some
3 shrubs or bushes, make it look nicer. And at
4 the end of the day, we're going to go right
5 back to two owners that don't like each other.
6 So, you know, the fines and all that are
7 just -- they're -- you know, it's -- that's a
8 tangent issue that's not really germane to what
9 we're deciding.
10 So I guess I'll just go back to my
11 original comment is -- since the district
12 councilperson has spoken so passionately about
13 it and this is what he wants, even though at
14 the end of the day I don't know that we've
15 really accomplished that much, I'm going to
16 just go ahead and support him and, therefore,
17 I'll make the motion to move the zoning.
18 MR. D. BROWN: Second.
19 THE CHAIRMAN: Motion by Mr. Joost, second
20 by Councilman Dick Brown.
21 Mr. Brown, did you want to -- you were on
22 the queue. You're off the queue. Do you want
23 to speak?
24 MR. D. BROWN: I was just going to make a
25 motion.
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1 THE CHAIRMAN: Okay. Mr. Redman.
2 MR. REDMAN: Thank you, Mr. Chairman.
3 As much as I usually like to support the
4 district councilperson -- and I appreciate when
5 people support my ideas, but I -- I've been in
6 this building myself and I worked with some of
7 these people, and knowing what they do and how
8 they minister to people in the community, I --
9 I have a problem supporting it, and I just
10 can't -- can't do that. I think that it would
11 be an injustice to the -- to the one -- to
12 leave him out. I think that they both should
13 be able to come back as private organizations,
14 private nonprofits and do their zoning on their
15 own.
16 So that's -- that's where I stand.
17 THE CHAIRMAN: Thank you, Mr. Redman.
18 Dr. Gaffney.
19 DR. GAFFNEY: Yes. Thank you,
20 Mr. Chairman.
21 Once again, we have a staff for approval,
22 and I just want to thank everybody and hope
23 that you-all agree with the staff for approval.
24 I -- once again, this is out of character
25 for me. This is something I generally just
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1 don't do unless I think things -- the
2 individual sometimes not being very good
3 corporate citizens. And from what I know, you
4 know -- and sometimes -- for what I really
5 know, this is what -- I ride by that building
6 every day.
7 We sit here -- if that was -- if that
8 was -- from what I see, it's an empty building
9 that's very, very seldom individuals there.
10 It's an industrial area, a dirty, ugly
11 building, and I don't think downtown would want
12 a dirty, ugly building. And I would always --
13 usually I try to support the district
14 councilperson because the district
15 councilperson know what his constituents want
16 and what is best, but more so than that, I
17 appreciate all the good -- the hard work all of
18 you all have done.
19 You know, this is not very easy at all.
20 And so we all sometimes have very difficult --
21 put in very precarious positions, but I -- I
22 just want to thank the committee up here and I
23 apologize for holding your night up.
24 Thank you, but I -- I hope you support
25 this and support the staff recommendation.
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1 THE CHAIRMAN: Thank you, Dr. Gaffney.
2 Any other comments, further discussion?
3 COMMITTEE MEMBERS: (No response.)
4 THE CHAIRMAN: All right. If not, open
5 the ballot, please, vote.
6 (Committee ballot opened.)
7 MR. CRESCIMBENI: (Votes yea.)
8 MR. HOLT: (Votes yea.)
9 MR. BISHOP: (Abstains.)
10 MR. D. BROWN: (Votes yea.)
11 MR. R. BROWN: (Votes yea.)
12 MR. JOOST: (Votes yea.)
13 MR. REDMAN: (Votes nay.)
14 (Committee ballot closed.)
15 MS. DAVIS: Five yea, one nay, one
16 abstention.
17 THE CHAIRMAN: All right. By our action,
18 you have approved item 9, 2011-152.
19 Mr. Gaffney -- Dr. Gaffney, thank you for
20 being here tonight.
21 You remember that part about coming any
22 time you wanted? I'm going to change that.
23 Only if you don't have anything on the agenda.
24 DR. GAFFNEY: Thank you, everybody, once
25 again.
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1 And I promise you, I don't want to come.
2 THE CHAIRMAN: Thank you, sir.
3 DR. GAFFNEY: Thank you once again.
4 THE CHAIRMAN: Okay. Being cognizant of
5 our court reporter, let's go back to page 1 and
6 we'll take up a couple of -- on page 1,
7 item 1, 2010-585, is deferred, as is item 2,
8 2010-670, and item 3, 2010-856.
9 Item 4, 2011-38. We have a public hearing
10 scheduled this evening. We are not going to
11 take any action on this bill. We will continue
12 the public hearing until May 3rd.
13 I do have one speaker's card. The public
14 hearing is open.
15 Walt Holton, would you care to address the
16 committee?
17 (Audience member approaches the podium.)
18 AUDIENCE MEMBER: Good afternoon, sir.
19 My name is Walter Holton. I'm a resident
20 of 4304 Fern Creek Drive, Jacksonville,
21 Florida.
22 I'm also president of Charter Point
23 Community Association.
24 I was informed yesterday that this
25 ordinance had been deferred until 3 May, but I
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1 wanted to come in and be a representative to
2 see what was going on.
3 Because it is deferred and the hearings
4 are being held, I wanted to go on record that
5 we are still -- on behalf of Charter Point
6 Community Association, we are still opposed to
7 approval of the waiver as requested by the
8 applicant. And our position has been submitted
9 earlier for the record, but I wanted to go on
10 record that we are still in support, and I
11 waived off other members who wanted to come and
12 appear because it had been deferred, so -- and
13 that's it.
14 THE CHAIRMAN: All right. Thank you,
15 Mr. Holton.
16 Any questions from the committee?
17 COMMITTEE MEMBERS: (No response.)
18 THE CHAIRMAN: Mr. Holton, I'm going to
19 send this card back out to you. Since you're
20 in opposition, would you mind checking the
21 opposition box just to make it official?
22 This matter -- the district councilperson
23 requested a deferral, so we are going to honor
24 his request.
25 All right. Anyone else care to address
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1 the committee?
2 AUDIENCE MEMBERS: (No response.)
3 THE CHAIRMAN: All right. Seeing no one,
4 the public hearing is continued until May 3rd
5 and we will take no further action on this
6 bill.
7 All right. Our court reporter is good for
8 a couple of hours and then she has to take a
9 break to regain the sensation in her fingers.
10 It's been an hour and 50 minutes.
11 Do you think we can do item 5 in ten
12 minutes, Mr. Holt, or do you think we should --
13 MR. HOLT: (Inaudible.)
14 THE CHAIRMAN: All right. We're going to
15 take a short recess.
16 MR. HOLT: (Inaudible.)
17 THE CHAIRMAN: Yeah, it's the sign waiver.
18 MR. HOLT: (Inaudible.)
19 THE CHAIRMAN: Okay. We'll take up
20 item 5, then.
21 Item 5, 2011-78. At the advice of our
22 district councilmember and committee member,
23 Mr. Huxford, do you have a report?
24 MR. HUXFORD: Yes. Thank you,
25 Mr. Chairman.
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1 Sign waiver SW-11-01, also known as
2 ordinance 2011-78, is for property at 657
3 Wonderwood Drive, just to the east of Mayport
4 Road, seeks two requests. The first one is to
5 reduce the minimum setback from Wonderwood
6 Drive right-of-way for the existing pylon sign
7 from 10 feet to 4 feet. The second request
8 would reduce the distance from the existing
9 pylon sign to a proposed roof sign from
10 200 feet to 100 feet.
11 The property is developed with a nightclub
12 that's been there for many years.
13 With regard to the existing pylon sign,
14 staff supports that request because we feel
15 that if the sign was forced to go back 10 feet,
16 then it would be in the public -- it would be
17 in the vehicular use area and could pose a
18 hazard, so we're supportive of that. Plus,
19 it's a condition that's been there for many
20 years.
21 With regard to the roof sign, roof signs
22 are considered the same as street frontage
23 signs and, therefore, they are subject to the
24 distance requirement of being 200 feet apart.
25 That's just simply not physically possible on
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1 this property given the configuration.
2 The sign would go on an architectural
3 feature that extends above the roof line. It's
4 relatively small in nature and we don't feel
5 that it would be incompatible with the
6 property, and so we are recommending approval
7 subject to one condition. And that condition
8 has been slightly wordsmithed, but it's pretty
9 close here:
10 The roof sign will be substantially
11 consistent with the sign exhibit dated
12 October 10 in the -- found in the application,
13 and that would be the exhibit for this one
14 right here (indicating).
15 THE CHAIRMAN: Okay. Thank you,
16 Mr. Huxford.
17 Any questions from the committee?
18 COMMITTEE MEMBERS: (No response.)
19 MR. REINGOLD: (Indicating.)
20 THE CHAIRMAN: Mr. Reingold.
21 MR. REINGOLD: Through the Chair to the
22 committee, I just wanted to read it as it
23 states in here so that -- or at least in the
24 agenda so there's not confusion in the
25 transcript.
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1 The condition would be, "The roof sign
2 shall be substantially consistent with the sign
3 exhibit dated October 2010 provided in the
4 application."
5 THE CHAIRMAN: Thank you, Mr. Reingold.
6 Any other questions from the committee?
7 COMMITTEE MEMBERS: (No response.)
8 THE CHAIRMAN: All right. This is a
9 quasi-judicial matter. Does anyone have any
10 ex-parte communication to disclose?
11 COMMITTEE MEMBERS: (No response.)
12 THE CHAIRMAN: Seeing none, we have a
13 public hearing this evening.
14 The public hearing is open. I have one
15 speaker's card, Brad --
16 AUDIENCE MEMBER: Ginzig.
17 THE CHAIRMAN: -- Ginzig.
18 Mr. Ginzig, you checked off here -- are
19 you a lobbyist or you're not a lobbyist?
20 AUDIENCE MEMBER: No. I'm -- I represent
21 the sign company and the owner. It said
22 "agent," so --
23 THE CHAIRMAN: Okay. I'm going to send
24 this card back out to you. When you're done,
25 please sign it for me.
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1 You have three minutes, and start with
2 your name and address for the record, please.
3 AUDIENCE MEMBER: My name is Bradley
4 Ginzig, 1940 Spearing Street.
5 I was here, I guess, about a month ago. I
6 think you all know why I'm here. This was the
7 way that we could deal with the issue at hand
8 where the sign was failed after we had already
9 been given a permit and approval from the
10 Building Department. So here I am to answer
11 any questions.
12 It did go to the Arlington CPAC and they
13 decided to take no position on it as they don't
14 want to start setting precedent.
15 THE CHAIRMAN: Okay. Mr. Ginzig, did you
16 hear the condition that was read into the
17 record?
18 MR. GINZIG: Yes.
19 THE CHAIRMAN: Do you agree with the
20 condition?
21 MR. GINZIG: We are agreeable to that.
22 THE CHAIRMAN: Thank you.
23 Any questions from the committee?
24 COMMITTEE MEMBERS: (No response.)
25 THE CHAIRMAN: All right. Thank you, sir.
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1 Any other speakers care to address the
2 committee?
3 AUDIENCE MEMBERS: (No response.)
4 THE CHAIRMAN: All right. Seeing no one,
5 then, the public hearing is closed.
6 MR. JOOST: Move the amendment.
7 MR. HOLT: Motion to grant the waiver.
8 THE CHAIRMAN: Motion on the amendment to
9 grant the waiver, second by -- motion by
10 Mr. Joost, second by Mr. Holt.
11 Discussion on the motion?
12 COMMITTEE MEMBERS: (No response.)
13 THE CHAIRMAN: If there's no discussion,
14 open the ballot, please.
15 Oh, I'm sorry. On the amendment. All
16 those in favor, say yes.
17 COMMITTEE MEMBERS: Yes.
18 THE CHAIRMAN: Opposed, say no.
19 COMMITTEE MEMBERS: (No response.)
20 THE CHAIRMAN: By our action, you've
21 approved the amendment.
22 MR. JOOST: Move to grant the waiver as
23 amended.
24 MR. HOLT: Second.
25 THE CHAIRMAN: Motion by Mr. Joost to
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1 grant the waiver as amended, second by
2 Mr. Holt.
3 Any discussion on that?
4 COMMITTEE MEMBERS: (No response.)
5 THE CHAIRMAN: If not, the ballot is open.
6 (Committee ballot opened.)
7 MR. CRESCIMBENI: (Votes yea.)
8 MR. HOLT: (Votes yea.)
9 MR. BISHOP: (Votes yea.)
10 MR. D. BROWN: (Votes yea.)
11 MR. R. BROWN: (Votes yea.)
12 MR. JOOST: (Votes yea.)
13 MR. REDMAN: (Votes yea.)
14 (Committee ballot closed.)
15 MS. DAVIS: Seven yea, zero nay.
16 THE CHAIRMAN: By your action, you have
17 approved item 5, 2011-78, as amended.
18 So, with that, we will take a --
19 Ms. Tropia, how much time? Ten minutes, five
20 minutes, two minutes, ten minutes?
21 (Discussion held off the record.)
22 THE CHAIRMAN: All right. We'll take a
23 ten-minute recess. We'll reconvene at about
24 seven after the hour.
25 (Brief recess.)
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1 THE CHAIRMAN: All right. We're going to
2 resume our meeting with item 6 on page 3,
3 2011-110.
4 Mr. Kelly.
5 MR. KELLY: Thank you.
6 To the Chair and committee, ordinance
7 2011-110 is property located at 2753 Mayport
8 Road. The applicant proposes to rezone an
9 existing PUD of approximately 24 acres of land
10 to a new PUD. The previous PUD consists of a
11 multifamily development. This is now being
12 proposed to be developed as an assisted living
13 facility, continuum care retirement community.
14 The department has reviewed this planned
15 unit development and does find it consistent
16 with the comprehensive plan, the -- finds that
17 it furthers the goals and policies within the
18 comprehensive plan.
19 There was a couple of issues that were
20 brought up at the Planning Commission that the
21 Department has reacted to as it related to
22 building height and a consistency with the
23 Mayport Road corridor, so we've had some
24 modified conditions on this proposed rezoning.
25 The conditions are as indicated in the
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1 memorandum dated March 24th, 2011; however, we
2 have struck the existing condition 6, replaced
3 condition 6 with a new condition that states,
4 "The development shall meet Section 656.1216 of
5 the Zoning Code."
6 We've added two new conditions:
7 Condition 7, "There shall be no access
8 along the east property line." And a new
9 condition 8 that states, "The maximum building
10 height shall not exceed 60 feet."
11 With those conditions, the Department can
12 support the application.
13 THE CHAIRMAN: Thank you, Mr. Kelly.
14 Do we have any questions from the
15 committee?
16 COMMITTEE MEMBERS: (No response.)
17 THE CHAIRMAN: Mr. Reingold.
18 MR. REINGOLD: Through the Chair to the
19 Planning Department staff, on condition
20 number 5, would it be -- would it make sense to
21 have, "A bus shelter shall be provided and
22 maintained on the subject property by the
23 applicant"?
24 And then on number 6, did you want to
25 designate a side of the property line -- or
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1 property that needed to have the buffer
2 requirements?
3 THE CHAIRMAN: Mr. Kelly.
4 MR. KELLY: With regards to
5 condition 5, the -- I don't know whether or not
6 the developer would maintain the bus shelter.
7 At some point I think JTA would be responsible
8 for the maintenance and the upkeep of any bus
9 shelters, so I don't believe there's a change
10 necessary for that.
11 So the -- condition 6 would be the --
12 basically compliance -- we're just asking for
13 standard compliance with Part 12 of the zoning
14 code for that portion of property along the
15 east property line, which is -- which is the
16 entire east property line of the overall PUD,
17 so I don't have an issue -- I'm not sure where
18 that was coming from.
19 THE CHAIRMAN: Mr. Reingold.
20 MR. REINGOLD: I guess it was coming
21 from -- what I heard from Mr. Kelly in
22 discussing the condition was that the
23 development shall be developed consistent with
24 Section 1216 -- or 656.1216 of the zoning code,
25 but when I looked at condition 6 in the memo to
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1 Mr. Webb and to the council, it specifically
2 stated that it shall be provided and maintained
3 along the entire east property line, and so I
4 wasn't sure if the Planning Department staff
5 was making a change of its position that it
6 needed to be maintained along other parts of
7 the property or if they were sticking with the
8 east property line.
9 THE CHAIRMAN: Mr. Kelly.
10 MR. KELLY: Again, I mean, the Department
11 would just, you know -- our review is
12 basically -- we would think that it would just
13 have to comply with the normal requirements of
14 the landscaping code and uncomplementary
15 buffering, wherever it may be, not just along
16 the east property line.
17 If that's the case, I don't know that all
18 the uses that are in the CCG -- I know there's
19 a residential use component in the middle of
20 this, so we would ask that that be applied to
21 the existing residential use so long as it's
22 used as residential, that the buffer be applied
23 to that. And then, again, we find it as a --
24 an uncomplementary use.
25 And, for the record, I guess, the
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1 Department is fine with just meeting -- in
2 terms of meeting Part 12 compliance and find no
3 basis to otherwise -- describe it otherwise.
4 THE CHAIRMAN: Thank you, Mr. Kelly.
5 Any other questions from the committee?
6 COMMITTEE MEMBERS: (No response.)
7 THE CHAIRMAN: All right. This a
8 quasi-judicial matter. Does anyone have any
9 ex-parte communication to disclose?
10 Mr. Holt.
11 MR. HOLT: Do we have someone here -- the
12 applicant?
13 THE CHAIRMAN: Do we have any public
14 speaker cards?
15 MS. OWENS: No.
16 THE CHAIRMAN: No. Okay.
17 MR. HOLT: Well, there's a gentleman
18 coming up.
19 (Audience member approaches the podium.)
20 MR. HOLT: Are you Mr. Portwood?
21 AUDIENCE MEMBER: Yes.
22 MR. HOLT: Okay. I just wanted to make
23 sure I got your name right.
24 AUDIENCE MEMBER: David Portwood.
25 MR. HOLT: I spoke with Mr. Portwood last
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1 Thursday by phone and we discussed the height,
2 and Mr. Portwood indicated that he would
3 support the Planning Department's
4 recommendation of a maximum of 60 feet.
5 Thank you.
6 THE CHAIRMAN: Any other ex-parte
7 communication?
8 COMMITTEE MEMBERS: (No response.)
9 THE CHAIRMAN: All right. Seeing none, we
10 have a public hearing scheduled this evening.
11 The public hearing is open. Are you telling me
12 we have no speaker cards on this?
13 MS. OWENS: Yes.
14 THE CHAIRMAN: Okay. Mr. Portman [sic],
15 did you want to address the committee?
16 AUDIENCE MEMBER: David Portwood, 3703
17 South Atlantic Avenue.
18 I'm just -- I do concur with staff's
19 recommendations. We're excited about being
20 here in the city and moving forward with this
21 project.
22 THE CHAIRMAN: Okay. Your name was --
23 Portwood is it?
24 MR. PORTWOOD: Portwood, yes.
25 THE CHAIRMAN: Portwood.
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1 And you heard the -- I think there were
2 eight conditions that were read into the
3 record; is that right?
4 MR. KELLY: That's correct.
5 MR. PORTWOOD: We're accepting --
6 THE CHAIRMAN: And do you agree with each
7 one of those?
8 MR. PORTWOOD: Yes.
9 THE CHAIRMAN: Okay. If you wouldn't
10 mind, would you fill out a yellow card for us
11 and sign -- oh, you already have done that.
12 Well, we appreciate it.
13 All right. Any questions from the
14 committee?
15 COMMITTEE MEMBERS: (No response.)
16 THE CHAIRMAN: All right. Anyone else
17 care to address the committee on this issue?
18 AUDIENCE MEMBERS: (No response.)
19 THE CHAIRMAN: Seeing none -- no one, the
20 public hearing is closed.
21 MR. BISHOP: Move the amendment.
22 MR. R. BROWN: Second.
23 THE CHAIRMAN: Motion on the amendment by
24 Mr. Bishop -- those are the conditions,
25 Mr. Bishop --
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1 MR. BISHOP: (Nods head.)
2 THE CHAIRMAN: Okay. Second by Mr. Reggie
3 Brown.
4 Discussion on the amendment?
5 COMMITTEE MEMBERS: (No response.)
6 THE CHAIRMAN: If there's no discussion,
7 all those in favor, say yes.
8 COMMITTEE MEMBERS: Yes.
9 THE CHAIRMAN: Opposed, say no.
10 COMMITTEE MEMBERS: (No response.)
11 THE CHAIRMAN: By our action, you've
12 adopted the amendment.
13 MR. HOLT: Move the bill as amended.
14 MR. BISHOP: Second.
15 THE CHAIRMAN: Motion on the bill as
16 amended by Mr. Holt, second by Mr. Bishop.
17 Any discussion on that?
18 COMMITTEE MEMBERS: (No response.)
19 THE CHAIRMAN: If not, open the ballot,
20 vote.
21 (Committee ballot opened.)
22 MR. CRESCIMBENI: (Votes yea.)
23 MR. HOLT: (Votes yea.)
24 MR. BISHOP: (Votes yea.)
25 MR. D. BROWN: (Votes yea.)
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1 MR. R. BROWN: (Votes yea.)
2 MR. JOOST: (Votes yea.)
3 MR. REDMAN: (Votes yea.)
4 (Committee ballot closed.)
5 MS. DAVIS: Seven yea, zero nay.
6 THE CHAIRMAN: By your action, you have
7 approved item 6, 2011-110 as amended.
8 Item 7, 2011-150. Mr. Kelly.
9 MR. KELLY: Thank you.
10 To the Chair, application for rezoning
11 2011-150 seeks to rezone an existing PUD that's
12 a mixed-use PUD that allows for both office
13 development and commercial neighborhood uses as
14 well as a day care that was previously approved
15 with a maximum number of children of up 150
16 children.
17 The subject property is on about
18 6.5 acres. This is located at the corner of --
19 actually north of the corner of Glen Kernan
20 Parkway and Hodges Boulevard, between
21 Chets Creek and Glen Kernan Parkway.
22 The Department has reviewed this
23 application. Essentially, there are no changes
24 to the existing PUD other than the limitation
25 on the number of children proposed for the day
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1 care and a modification to the site plan that
2 facilitates the loading and the unloading for
3 the day care operation at this site. The
4 request to increase the number of children is
5 an additional 75 children within the day care.
6 The Department has reviewed this request
7 in conjunction with the criteria and finds it
8 consistent with the comprehensive plan as well
9 as policies contained within the future land
10 use element. We find that the addition of the
11 day care -- students at this -- will not -- if
12 approved as conditioned will not be detrimental
13 to the vehicular traffic flow or parking
14 situation. The Department is, therefore,
15 recommending approval subject to the conditions
16 in the memorandum dated April 14th.
17 The Department is looking at a revision to
18 condition 4. Specifically, condition 4 would
19 be reworded to read, "The subject property
20 shall be developed in accordance with the
21 Development Services Division memorandum dated
22 March 10th, 2010" --
23 MR. REINGOLD: '11.
24 MR. KELLY: -- I'm sorry, "2011, deleting
25 comments 1 and 2, or as otherwise approved by
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1 the Planning and Development Department."
2 And then condition -- a new condition 5
3 that would state, "A right turn deceleration
4 lane shall be provided at the most northerly
5 driveway, subject to review and approval by the
6 Planning and Development Department."
7 With those changes, the Department is
8 recommending approval.
9 THE CHAIRMAN: Thank you, Mr. Kelly.
10 Mr. Reingold.
11 MR. REINGOLD: I've just got a little bit
12 of a modification on number 4 and then I've got
13 a question for staff.
14 What I heard from staff was that there was
15 one change to the PUD concerning a day care.
16 Are you familiar with the fact that there is
17 also a request that it would allow for
18 drive-thrus serving drugstores? I just want to
19 make sure that the Department was okay with
20 that change.
21 MR. KELLY: That change is not the -- I
22 guess the subject of this parcel, although it
23 does cover the entire PUD. I was not aware of
24 that on the cusp and I didn't see it in the
25 report, but drive-thrus are typically permitted
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1 by exception in commercial neighborhood zoning
2 districts in conjunction with that permitted
3 use, so we would find, again, that that could
4 be consistent.
5 I think we'd like a little bit of
6 allocation, if that's the case, though, to make
7 it subject to final review and approval of the
8 Planning and Development Department, any
9 drive-thru location.
10 MR. REINGOLD: I'm glad I asked.
11 One other issue is, on number 4 I just
12 want to reword -- "The subject property shall
13 be developed in accordance with the Development
14 Services Division memorandum dated March 10th,
15 2011, except for comments 1 and 2, or as
16 otherwise approved by the Planning and
17 Development Department."
18 Is staff okay with that?
19 MR. KELLY: That's correct.
20 MR. REINGOLD: And one last issue.
21 There had been some issues regarding the
22 ownership of this property. I worked with the
23 applicant's agent, Mr. Harden, and we've come
24 up with a modified legal description so that
25 the subject property is legally described in
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1 the revised legal description dated April 19th,
2 2011. And what that legal description does is
3 it less and excepts and removes all of the
4 individual condominium units in Building C, 101
5 through 106, and 201 through 208, and the
6 condominium units 101 through 108 and 201
7 through 208 in Building B. Therefore, the
8 owner is Truly (phonetic) Anderson Real Estate
9 Holdings, Inc. And then if the committee were
10 to adopt an amendment, we would have the
11 amended legal description, amend the bill to
12 reflect that Anderson Real Estate Holdings,
13 Inc., or LLC, is the owner. It would strike
14 the ownership exhibit. It would change the RE
15 numbers to just reflect the one RE number
16 that's relevant to this issue, and then it
17 would address the fact that Mr. Harden is
18 actually representing the owner of the
19 property.
20 THE CHAIRMAN: Thank you, Mr. Reingold.
21 Your revision to condition number 4, you
22 said except for comments 1 and 2 above. Did
23 you mean conditions 1 and 2 above?
24 MR. REINGOLD: No.
25 THE CHAIRMAN: No. You lost me, I'm
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1 sorry.
2 MR. REINGOLD: I'm sorry.
3 Except for comments 1 and 2 in the
4 memorandum, and we could -- I could clarify
5 that, so -- "The subject property shall be
6 developed in accordance with the Development
7 Services Division memorandum dated March 10th,
8 2011, except for comments 1 and 2 in the
9 memorandum, or as otherwise approved."
10 THE CHAIRMAN: Thank you.
11 All right. Any other questions from the
12 committee?
13 COMMITTEE MEMBERS: (No response.)
14 THE CHAIRMAN: All right. We have a
15 public hearing scheduled this evening. The
16 public hearing is open.
17 Paul Harden, followed by Charles Mann.
18 (Mr. Harden approaches the podium.)
19 MR. HARDEN: Paul Harden, 501 Riverside
20 Avenue.
21 I listened to Dylan and Sean, and I agree
22 with what they said. I think the gist of it is
23 condition 1 is amended to have a new legal
24 description as Sean described. Condition 4 is
25 amended as Sean -- I mean, as Dylan described
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1 because you take out comments 1 and 2, but, in
2 addition, there is a fifth comment added on,
3 and I just want to make sure that's clarified.
4 What that fifth -- and Sean has language if you
5 want to -- if you want to use that.
6 But because it's -- the fifth condition is
7 in exchange for taking out 1 and 2, and that's
8 my arrangement with Charlie Mann, who's going
9 to speak next, so -- but what the fifth
10 condition does is require us to build a
11 stacking or a decel lane immediately north of
12 the northerlymost access that's shown on the
13 site plan.
14 So the site plan will now approve four
15 accesses -- five accesses, one onto Glen
16 Kernan, four onto Hodges. The two that are
17 dealt with in this amendment are the
18 northerlymost. The second northerlymost is --
19 is coming out only. And the northerlymost has
20 that stacking lane, just to put you -- put it
21 in context.
22 So with that one change to the conditions,
23 we have no objections.
24 THE CHAIRMAN: Thank you, Mr. Harden.
25 Mr. Reingold, did you have a comment?
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1 MR. REINGOLD: I just had a comment for
2 Mr. Kelly.
3 I believe in the discussion he had asked
4 for an additional condition, but I wasn't sure
5 if staff was still supporting that.
6 MR. KELLY: Well, it was just related back
7 to the drive-thru use. That was something that
8 was, I guess, added as part of this written
9 description.
10 My understanding was the PUD itself was
11 essentially the same as the previous PUD except
12 for the increase in the number of kids as
13 related to the day care. If the drive-thru use
14 was not previously permitted under the
15 preexisting PUD, we would want some ability,
16 basically, to review and approve the location
17 and orientation of that drive-thru with the
18 commercial neighborhood development for any use
19 that would be allowed within that -- in that
20 property.
21 So any proposed drive-thru for the
22 commercial neighborhood use parcel shall be
23 subject to review and approval of the Planning
24 and Development Department.
25 THE CHAIRMAN: Thank you, Mr. Kelly.
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1 Mr. Harden, do you agree with that?
2 MR. HARDEN: I have no objection to it.
3 I think by -- we don't have that site plan
4 already, so we'll have to have a substantial
5 compliance review where they get a bite at us
6 anyway. So I -- you know, that -- I think it
7 would go in anyway, but that's -- I don't mind
8 that fifth condition if that's what it is.
9 THE CHAIRMAN: Well, actually, that would
10 be a sixth condition, correct?
11 MR. HARDEN: That would be --
12 MR. KELLY: Yeah, I was going to clarify
13 because he was -- he was referring to the memo
14 as number 5, and I created a separate condition
15 number 5 as it related to the right turn decel
16 lane.
17 I'm fine either way, if you want to add it
18 into the memo or keep it as a separate
19 condition, so --
20 THE CHAIRMAN: You know what? Before
21 Tuesday night I hope this is all down in black
22 and white. Okay? Because it seems to be very
23 nebulous at the moment.
24 All right. Any questions for Mr. Harden?
25 COMMITTEE MEMBERS: (No response.)
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1 THE CHAIRMAN: All right. Thank you,
2 Mr. Harden.
3 Mr. Mann.
4 (Mr. Mann approaches the podium.)
5 MR. MANN: Mr. Chairman, Charles Mann, 165
6 Arlington Road, representing William A. Watson,
7 Watson Real Estate.
8 My client owns the property immediately
9 and contiguous to this site, to the north. We
10 had, originally, concerns about the drainage
11 from their property onto ours and also about
12 the traffic that would be ingested into a
13 common driveway.
14 After working with Mr. Harden on this, the
15 drainage issue has been answered and we highly
16 support the southerly access into the daycare
17 site as an ability to leave the -- the traffic
18 congestion that may occur on this site.
19 We'd ask that you support Mr. Harden's
20 amendment.
21 Thank you.
22 THE CHAIRMAN: Thank you, Mr. Mann.
23 Any questions from the committee?
24 COMMITTEE MEMBERS: (No response.)
25 THE CHAIRMAN: All right. Anyone else
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1 care to address the committee?
2 AUDIENCE MEMBERS: (No response.)
3 THE CHAIRMAN: Seeing no one, the public
4 hearing is closed.
5 MR. HOLT: Move the amendment.
6 MR. REDMAN: Second.
7 THE CHAIRMAN: Motion on the amendment by
8 Mr. Holt, second by Mr. Redman.
9 Discussion on the amendment?
10 COMMITTEE MEMBERS: (No response.)
11 THE CHAIRMAN: If not, all those in
12 favor -- Mr. Reingold.
13 MR. REINGOLD: If it would be possible, I
14 just wouldn't mind hearing from Mr. Kelly, just
15 the last condition, the sixth one.
16 MR. KELLY: The condition was, "Any
17 drive-thru proposed for the CN use parcel shall
18 be subject to review and approval of the
19 Planning and Development Department."
20 THE CHAIRMAN: Thank you, Mr. Kelly.
21 MR. REINGOLD: And what is the CN use
22 parcel?
23 MR. KELLY: That's the most southerly
24 parcel.
25 MR. REINGOLD: Okay. So any drive-thru
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1 use in the CN or southerly -- southern parcel
2 shall be reviewed and approved -- subject to
3 review and approval by the Planning and
4 Development Department?
5 MR. KELLY: (Indicating.)
6 THE CHAIRMAN: Okay. Motion and a second
7 on the amendment.
8 Any discussion?
9 COMMITTEE MEMBERS: (No response.)
10 THE CHAIRMAN: If not, all those in favor,
11 say yes.
12 COMMITTEE MEMBERS: Yes.
13 THE CHAIRMAN: Opposed, say no.
14 COMMITTEE MEMBERS: (No response.)
15 THE CHAIRMAN: By our action, you've
16 adopted the amendment.
17 MR. HOLT: Move the bill as amended.
18 MR. BISHOP: Move the bill as amended.
19 THE CHAIRMAN: Motion on the bill as
20 amended by Mr. Holt, second by Mr. Bishop.
21 Discussion?
22 COMMITTEE MEMBERS: (No response.)
23 THE CHAIRMAN: If not, open the ballot,
24 vote.
25 (Committee ballot opened.)
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1 MR. CRESCIMBENI: (Votes yea.)
2 MR. HOLT: (Votes yea.)
3 MR. BISHOP: (Votes yea.)
4 MR. D. BROWN: (Votes yea.)
5 MR. R. BROWN: (Votes yea.)
6 MR. JOOST: (Votes yea.)
7 MR. REDMAN: (Votes yea.)
8 (Committee ballot closed.)
9 MS. DAVIS: Seven yea, zero nay.
10 THE CHAIRMAN: By our action, you've
11 approved item 7, 2011-150, as amended.
12 Turning to page 4, we've taken up the
13 first two items, but at the bottom of -- we're
14 going to have a couple of these now, small
15 scales, and the companion rezoning is at the
16 top of page 5. We have separate public
17 hearings on each, but they are companion bills.
18 So on item 10, 2011-154, Mr. Crofts, your
19 report, please.
20 MR. CROFTS: Yes, Mr. Chairman.
21 I would like to proceed and get my report
22 on 2011-154, item 10, and 2011-155. If there
23 are any questions, I'll be glad to entertain
24 them, but beginning, these two items seek to
25 change the land use designation of the
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1 future -- on the future land use map series of
2 the comprehensive plan from MDR, medium density
3 residential, to CGC, community/general
4 commercial, and the companion zoning
5 designation from RMD-A, residential medium
6 density A, to CCG-2,
7 community/general commercial -- community
8 commercial/general 2 on a currently vacant
9 piece of property formerly used as a mobile
10 home park.
11 The property is located about 250 feet
12 east of Mayport Road, just north of the city of
13 Jacksonville/Atlantic Beach municipal border.
14 It is located on 5.44 acres and it is just west
15 of the Selva Marina Country Club in Council
16 District 11.
17 The Department would like to point out
18 that the proposed amendment and accompanying
19 rezoning are located along an evolving,
20 positive redevelopment trend, mixed-use
21 corridor, if you will, along Mayport Road with
22 full urban services available. We see this
23 particular proposal, the land use and the
24 rezoning, as an integral part of that effort
25 and have found it consistent with several
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1 provisions of the future land use element, and
2 they are specifically objective 1.1 and
3 objective 6.3, along with policies 1.120, 1.18,
4 and 3.227, which, in general terms, deal with
5 desirable, good planning principles of
6 redevelopment in an emerging area, in a compact
7 and compatible fashion.
8 For these reasons, staff recommends
9 approval of both of these items.
10 THE CHAIRMAN: Thank you, Mr. Crofts.
11 Any questions from the committee?
12 Mr. Bishop.
13 MR. BISHOP: Thank you, Mr. Chairman.
14 I'm looking -- help me understand
15 something. I'm looking at the map, the current
16 land use map and the current zoning map, and --
17 starting on Mayport Road, you've got CGC and
18 MDR and then LDR, which, as I understand it, is
19 a kind of reasonable transition, land use. And
20 then on the zoning side, you've got CCG-2,
21 RMD-A, and then RR, which is large lots,
22 single-family.
23 By going to a CGC zoning -- or a land use
24 and then -- and the companion bill is CCG-2
25 right up against RR zoning or LDR. Isn't that
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1 somewhat inconsistent with what we typically
2 like to see in the sense that, under CCG-2
3 zoning, you could put just about anything you
4 want in there.
5 MR. CROFTS: In this particular case --
6 and attempting to direct a response to you, we
7 feel that the -- ultimately, the CGC land use
8 is appropriate at this particular location
9 because -- specifically, there are other uses
10 interspersed along this particular corridor
11 that -- you know, that reflect a combination of
12 uses as you've indicated, but we think that the
13 overall trend along Mayport Road is -- you
14 know, this is appropriate infill. There is --
15 as it relates to this property, there is
16 automobile-oriented, strip-type of commercial
17 development along the front.
18 This former mobile home park will be -- I
19 think the idea is to intertwine this with some
20 sort of overall plan of redevelopment in that
21 particular area, and we feel that the
22 relationship between this and the property to
23 the rear will be accounted for to a great
24 degree by a buffer, a very reasonable buffer
25 that is part of -- actually required in the
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1 zoning code when we put those types of uses
2 adjacent to one another.
3 So in view of the intent of redevelopment,
4 we feel that -- are comfortable with this
5 particular approach at this particular
6 location, and then it will have minimal effects
7 and oriented towards Mayport Road versus the
8 rear of the property towards Selva Marina and
9 to the south at Atlantic Beach.
10 MR. BISHOP: Thank you.
11 THE CHAIRMAN: Thank you, Mr. Bishop.
12 Mr. Holt.
13 MR. HOLT: Thank you.
14 Through the Chair to Mr. Crofts, you
15 mentioned buffering. What would the buffering
16 requirements be in the code for the -- there
17 are two properties, 707 and 755 Clearview, that
18 there are people here on tonight, and I was
19 wondering what the buffering requirements would
20 be for those two properties if they are now up
21 against CCG.
22 MR. KELLY: Through the Chair to
23 Councilman Holt. There's two things. One is
24 your uncomplementary land use buffer
25 requirements under Part 12 -- 1216, which is a
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1 10-foot landscaped buffer with a 6-foot-high
2 visual screen that is 85 percent opaque.
3 Additionally, under the CCG-2 zoning district,
4 you have a 25-foot setback requirement, which
5 is essentially a no-use zone, so the building
6 and the parking areas cannot be located within
7 25 feet of any residential use.
8 MR. HOLT: Okay. Thank you.
9 THE CHAIRMAN: Thank you, Mr. Holt.
10 Any other questions?
11 COMMITTEE MEMBERS: (No response.)
12 THE CHAIRMAN: All right. Thank you,
13 Mr. Kelly. Thank you, Mr. Crofts.
14 We have a public hearing scheduled on this
15 item tonight. And, again, we have a companion
16 rezoning following this. Our first speaker is
17 David Main, followed by Paul Harden, followed
18 by Harry Thompson.
19 (Audience member approaches the podium.)
20 AUDIENCE MEMBER: Thank you, Mr. Chairman.
21 David Main, 12249 Hindmarsh Circle.
22 I represent Selva Marina Country Club.
23 I'm the general manager, and we have no
24 objection to it. We just wanted to go on
25 record that we wanted a buffer, I think, as
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1 described here tonight, 6 feet tall with the
2 landscape buffer in between as well.
3 We have a residential PUD that we intend
4 to develop at some point in the future and we'd
5 like to have that screening to protect the
6 interests of those folks who would eventually
7 buy those lots.
8 THE CHAIRMAN: Okay. Thank you, Mr. Main.
9 Any questions from the committee?
10 COMMITTEE MEMBERS: (No response.)
11 THE CHAIRMAN: Thank you, sir.
12 MR. MAIN: Thank you.
13 THE CHAIRMAN: Mr. Harden.
14 (Mr. Harden approaches the podium.)
15 MR. HARDEN: Paul Harden, 501 Riverside
16 Avenue.
17 Let me -- before I make my presentation,
18 address Mr. Bishop's question.
19 Mr. Bishop, that map is misleading. The
20 RR and the LDR is a small strip of Jacksonville
21 that abuts up to Atlantic Beach. It's a golf
22 course. It's Selva Marina Golf Course, so
23 there's no -- there's no single-family
24 subdivision or development that's allowed in
25 there.
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1 If you will look down on the map, there's
2 a small PUD at the very bottom of that RR.
3 That's where Selva is going to put their
4 residential. Otherwise, we're bumping up
5 against their maintenance shed and that sort
6 of -- so although it looks like LDR, it's a
7 golf course because there's a -- kind of a
8 no-man's strip between Atlantic Beach and
9 Jacksonville that's left. So the development
10 is oriented towards Mayport Road.
11 This is a very rough part of Mayport Road.
12 My clients have done an aggregation and
13 gathered together not just this 5.4 acres, but
14 they also own 5-acres-plus on the frontage of
15 Mayport Road that's already zoned CCG-2.
16 This was all part of a closed mobile home
17 park. The frontage of CCG-2 is being cleaned
18 up as part of an overall redevelopment infill
19 use at the location. The RMD-A use would have
20 to go through a CCG zoning if it were to be
21 developed for anything residential in nature.
22 My clients have, as I say, aggregated this
23 parcel. In the interim, it's going to be a
24 recreational vehicle facility to either service
25 the Mayport area -- Mayport area or Hanna park.
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1 Ultimately, the site is going to be
2 developed into two hotel sites, side by side.
3 Instead of being a strip of 5 acres in the
4 front, it will be two 5-acre strips side by
5 side.
6 We met with the Atlantic Beach folks on
7 it, we met with folks in the Mayport area and
8 showed them the vision. And my clients, after
9 doing the aggregation, have moved forward with
10 this land use.
11 We have one gentleman who is an outparcel
12 in our -- in our site, and I'll address his
13 issues as I've heard them in the Planning
14 Commission and -- and the Planning Department
15 report. As you know, the Planning Department
16 has recommended approval of both the zoning and
17 the land use.
18 His site is accessed through CCG-2. He
19 doesn't have access through a road or any fee
20 title. He has an easement that runs from
21 Mayport Road through our CCG-2 property back to
22 his site. So we -- his access is going to be
23 through a commercial area.
24 As Councilman Holt's question indicated to
25 the staff, anything next to him is going to be
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1 buffered by a visual barrier and then a
2 landscape and then a 25-foot setback. We don't
3 intend to encroach on his property. It's a
4 mobile home that's 40 or 50 years old that he
5 rents out at that location. We don't intend
6 to -- to try to put him out of business. He
7 wants to continue to rent it. We have no
8 objection to that. It will basically be an
9 outparcel in our properties. He backs up to
10 the Selva Marina property where their shed area
11 is at that location, but he has to come
12 through -- through Mayport Road, through the
13 commercial general use.
14 So this is an infill development. It --
15 it's taking an aggregate of a bunch of pieces
16 of property that really are in a pretty bad use
17 and puts them in an infill use that -- that
18 will go towards cleaning up the area.
19 Thank you, Mr. Chairman.
20 THE CHAIRMAN: Thank you, Mr. Harden.
21 Any questions from the committee?
22 COMMITTEE MEMBERS: (No response.)
23 THE CHAIRMAN: All right. Our next
24 speaker is Harry Thompson.
25 Mr. Thompson.
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1 (Audience member approaches the podium.)
2 AUDIENCE MEMBER: Good evening.
3 My name is Harry Thompson. I live at 912
4 19th Street North in Jacksonville Beach.
5 My main concern with his rezoning is
6 that -- the property I have is going to be
7 surrounded on three sides by commercial, and
8 the easement that goes from Mayport Road to
9 that property is 12 foot wide and there's no
10 City property next to that, whatever -- I'm
11 trying to think what you call it --
12 right-of-way. There's no right-of-way along
13 that that is City.
14 So, you know, if they build -- you know,
15 if they put any kind of commercial business
16 that makes noise, it's not going to be good for
17 me. I have a hard enough time renting the
18 place as it is. The trailer -- it is a
19 trailer, but the trailer is not -- not but half
20 the age he indicated. It's in good shape and
21 I've been able to rent it as my income for
22 40-something years. Forty-seven years I've
23 owned there. And, as it is, there is a
24 commercial property that's, you know, to the
25 south of them on another street, quite a
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1 distance away. It's a fastener business. You
2 can hear the noise from there as it is that far
3 away. There's no buffers there for that, but
4 my concern is that we're going to get a lot of
5 noise in there and it's -- you know, it's going
6 to make it much harder to rent, and this is
7 part of my income.
8 The road going down through there, the
9 easement, we've had problems already with
10 the -- with the businesses that are up front on
11 the -- Mayport Road. They block the road
12 where -- the people who were living in the
13 trailer, they had to -- we had to get the
14 police out there to get the road cleared
15 because it seemed like every time they were
16 trying to go in or out, there was some kind of
17 a vehicle there.
18 Now, there's -- you know, if you have a
19 commercial business and if they use -- if they
20 use that road or that right-of-way, there's a
21 good chance there's going to be a lot more
22 vehicles on that road, parked along there,
23 because there's nowhere to park as it is.
24 And we've had -- also had problems where
25 the business up front, which is owned by the
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1 Connollys (phonetic), who own all this property
2 that they're -- they were trying -- they're
3 trying to rezone, that business is taking their
4 brush, taking over onto our other property,
5 which is up closer to Mayport Road, piling it
6 in the driveway.
7 So I'm just concerned about what -- you
8 know, what is going to happen to my investment
9 there. You know, I -- they told me that I was
10 offered five to seven times what the property
11 is worth. That -- I have never been offered
12 that by the people who are trying to rezone.
13 I've been contacted by a real estate company
14 who -- a fellow by the name James Villanti
15 (phonetic), he offered me $75,000 for it, and
16 he would not disclose who is trying to buy it.
17 And I don't believe Mr. Harden has ever
18 disclosed personally to us -- you know, we
19 knew, but he's never disclosed who was trying
20 to buy it.
21 If I had sold it --
22 MR. REINGOLD: Sir --
23 MR. THOMPSON: If I sold it for --
24 MR. REINGOLD: Sir, if you could just
25 start wrapping up. I just noticed the tree has
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1 been awhile on the red and just was hoping you
2 might be able to wrap up your comments about
3 the land use.
4 THE CHAIRMAN: Thank you, Mr. Chairman.
5 MR. THOMPSON: You want to -- I don't need
6 much time.
7 THE CHAIRMAN: If you could just wrap up,
8 Mr. Thompson.
9 Do you have anything else?
10 MR. THOMPSON: No, that's it.
11 THE CHAIRMAN: All right. Did you say
12 that you had owned the trailer for 47 years?
13 Did I hear you say that?
14 MR. THOMPSON: No. I've owned the
15 property and I've rented it -- there used to be
16 a house on it and I've rented it -- that
17 property for 47 years. And, you know, I'm
18 going to be surrounded, three sides, by
19 commercial property.
20 THE CHAIRMAN: We need you to speak into
21 the microphone. We've got to pick this up for
22 the court reporter.
23 MR. THOMPSON: I'm going to be -- you
24 know, we've had it for 47 years and we've
25 rented it 47 years. You know, I'm not disagree
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1 [sic]. It's a terrible place out there, but we
2 keep our property maintained and --
3 THE CHAIRMAN: Okay. Thank you, sir.
4 Mr. Holt has a question for you.
5 Mr. Holt.
6 MR. HOLT: Thank you.
7 Through the Chair to the speaker.
8 Mr. Thompson, you said something about a
9 fastener company or -- is that the warehouse at
10 2027?
11 MR. THOMPSON: No. This is south of that
12 on -- I believe it's on Dutton Island Road.
13 MR. HOLT: What is --
14 MR. THOMPSON: I don't know what kind
15 of -- you know, I just know it's a fastener
16 business, and you can hear noise from there
17 now.
18 MR. HOLT: There's a warehouse in front of
19 your property at 755?
20 MR. THOMPSON: That's correct.
21 MR. HOLT: What is that used for?
22 MR. THOMPSON: That's an auto repair
23 business.
24 MR. HOLT: Okay. Is there any buffer
25 between those properties now?
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1 MR. THOMPSON: No, there's no buffer there
2 as it is.
3 MR. HOLT: Okay. Thank you.
4 THE CHAIRMAN: Thank you, Mr. Holt.
5 Any other questions for Mr. Thompson?
6 COMMITTEE MEMBERS: (No response.)
7 THE CHAIRMAN: All right. Thank you,
8 Mr. Thompson.
9 Anyone else care to address the committee?
10 AUDIENCE MEMBERS: (No response.)
11 THE CHAIRMAN: All right. Seeing no one,
12 the public hearing is closed and we are back in
13 committee.
14 MR. HOLT: Move the bill.
15 MR. JOOST: Move the bill.
16 THE CHAIRMAN: Motion on the bill by
17 Mr. Holt, second by Mr. Joost.
18 Discussion?
19 COMMITTEE MEMBERS: (No response.)
20 THE CHAIRMAN: If not, open the ballot,
21 please, vote.
22 (Committee ballot opened.)
23 MR. CRESCIMBENI: (Votes yea.)
24 MR. HOLT: (Votes yea.)
25 MR. BISHOP: (Votes yea.)
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1 MR. R. BROWN: (Votes yea.)
2 MR. JOOST: (Votes yea.)
3 MR. REDMAN: (Votes yea.)
4 (Committee ballot closed.)
5 MS. DAVIS: Six yeas, zero nay.
6 THE CHAIRMAN: By our action, you've
7 approved item 10, 2011-154.
8 Turning to page 5, at the top, item 11,
9 2011-155.
10 Mr. Crofts, anything else to add?
11 MR. CROFTS: No, sir. My previous report
12 will stand.
13 THE CHAIRMAN: Thank you, sir.
14 This is a quasi-judicial matter. Does
15 anyone have any ex-parte communication to
16 disclose?
17 MR. HOLT: Yes.
18 THE CHAIRMAN: Mr. Holt.
19 MR. HOLT: Yes. Thank you, Mr. Chair.
20 Last Tuesday, during council, I spoke with
21 Mr. Thompson and Mr. Harden in the Green Room
22 for about ten minutes about the properties and
23 the use. And I spoke with Mr. Thompson about a
24 half an hour ago, while we were on break, about
25 his concerns about potential uses of commercial
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1 around him.
2 Thank you.
3 THE CHAIRMAN: Thank you, Mr. Holt.
4 Any other quasi-judicial -- I mean, any
5 other ex-parte to disclose?
6 COMMITTEE MEMBERS: (No response.)
7 THE CHAIRMAN: All right. Seeing none, we
8 have a public hearing scheduled this evening.
9 The public hearing is open. I have the same
10 three speakers.
11 Mr. Main.
12 (Mr. Main approaches the podium.)
13 MR. MAIN: David Main, 12249 Hindmarsh
14 Circle, representing Selva Marina Country Club,
15 general manger of Selva Marina Country Club.
16 Again, we have no objection as long as
17 we're looking at the same stipulations on the
18 buffers.
19 THE CHAIRMAN: Thank you, Mr. Main.
20 Any questions from the committee?
21 COMMITTEE MEMBERS: (No response.)
22 THE CHAIRMAN: All right. Thank you, sir.
23 Mr. Harden.
24 (Mr. Harden approaches the podium.)
25 MR. HARDEN: Mr. Chairman, I don't have
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1 anything to add, but I want to clarify
2 Mr. Main's discussion with me.
3 They have a fence along our property line.
4 They don't want us to put up another fence.
5 They want us to use a landscape buffer there,
6 which we have agreed to do, just so there's no
7 misunderstanding.
8 Is that --
9 MR. MAIN: Correct.
10 MR. HARDEN: Yeah.
11 They don't -- because it's a golf course
12 and they have their shed there, they don't want
13 a 6-foot wooden fence along the line next to
14 their chain-link fence, so I've told him that
15 what we will do is -- along that buffer is --
16 is landscape the area in lieu of putting up a
17 6-foot visual barrier and use, you know,
18 filled-in landscape, as is their preference,
19 which is fine with us.
20 THE CHAIRMAN: But doesn't the -- doesn't
21 the land use incompatibility require
22 85 percent?
23 MR. CROFTS: Yes.
24 THE CHAIRMAN: So how do we deal with
25 that?
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1 MR. KELLY: It's a requirement in the
2 zoning code when the use commences on the
3 property. At that time -- I know it's not been
4 continuously operated. I think it's been
5 vacated for sometime, the mobile home park, so
6 at some time either prior to the development of
7 the hotel sites or in conjunction with the
8 outdoor storage for the RVs and equipment like
9 that, at that point the Department would review
10 the plans, basically, ten-set civil plans, and
11 would require that the uncomplementary land use
12 buffer be in compliance adjacent to the -- the
13 RR zoning, which constitutes the golf course.
14 THE CHAIRMAN: But I think what Mr. Harden
15 is saying is he doesn't want to put up a -- or
16 I guess they've agreed not to put up an
17 85 percent opaque barrier.
18 MR. KELLY: There's no requirement
19 specifically for a fence in the code. It can
20 be a combination of landscaping or an earthen
21 berm or materials, and so there's -- any
22 combination of those materials can be used.
23 THE CHAIRMAN: And is it a 6-foot fence,
24 Mr. Harden?
25 MR. HARDEN: Well, that -- you can either
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1 have a berm or a fence or landscaping. What
2 I've told you on the record is -- we could put
3 up a fence and do it, but Mr. Main has said, we
4 don't want the fence; we want the landscaping.
5 I just wanted to put on the record that that's
6 what we'll do.
7 THE CHAIRMAN: I'm not sure that's binding
8 from this end, but we appreciate your
9 willingness to cooperate.
10 MR. HARDEN: Okay.
11 THE CHAIRMAN: All right. Any questions
12 from the committee?
13 COMMITTEE MEMBERS: (No response.)
14 THE CHAIRMAN: All right. Thank you, sir.
15 And, Mr. Thompson, would you care to
16 address the committee again on this item?
17 MR. THOMPSON: No.
18 THE CHAIRMAN: No? Okay. Thank you, sir.
19 Any other member of the audience want to
20 address the committee?
21 AUDIENCE MEMBERS: (No response.)
22 THE CHAIRMAN: Seeing no one, the public
23 hearing is closed.
24 MR. HOLT: Move the bill.
25 MR. JOOST: Second.
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1 THE CHAIRMAN: Motion on the bill by
2 Mr. Holt, second by Mr. Joost.
3 Any discussion?
4 COMMITTEE MEMBERS: (No response.)
5 THE CHAIRMAN: If not, open the ballot,
6 vote.
7 (Committee ballot opened.)
8 MR. CRESCIMBENI: (Votes yea.)
9 MR. HOLT: (Votes yea.)
10 MR. BISHOP: (Votes yea.)
11 MR. D. BROWN: (Votes yea.)
12 MR. R. BROWN: (Votes yea.)
13 MR. JOOST: (Votes yea.)
14 MR. REDMAN: (Votes yea.)
15 (Committee ballot closed.)
16 MS. DAVIS: Seven yea, zero nays.
17 THE CHAIRMAN: By your action, you've
18 approved item 11, 2011-155.
19 Items 12 and 13 are companions.
20 Item 12, 2011-156, Mr. Crofts.
21 MR. CROFTS: Yes, sir.
22 Mr. Chairman and members of the committee,
23 these two items -- one owner, these two items
24 seek to change the future land use designation
25 on the future land use map series on the
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1 2030 Comprehensive Plan from ROS, recreation
2 and open space, to LI, Light Industrial, and
3 the zoning on the property from Public
4 Buildings and Facilities 1 to the Industrial
5 Light zoning designation.
6 The property consists of .25 acres. It is
7 located in District 5, on the south side of
8 Cedar Street, just east of Hendricks Avenue.
9 It is owned by the Touring (phonetic) Company
10 and was formerly owned by the City of
11 Jacksonville and precluded from being utilized
12 due to the fact that this property had the ROS
13 land use and the PBF zoning designation, which
14 has not been changed properly. And, once
15 again, this property was -- changed hands from
16 the -- from the City to this private property
17 owner several years ago.
18 In view of this history, the staff report
19 supports this land use change request and
20 accompanying rezoning. Again, the area is
21 serviced by full urban services. It's close to
22 Hendricks Avenue, which is a major north-south
23 collector and the FEC Railroad on the east.
24 Hendricks is on the west, as I've said. And
25 it's compatible with the developing trends in
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1 the area. We found it consistent with several
2 policies in the Future Land Use Element, and
3 staff recommends approval of both ordinances,
4 2011-156 and -157.
5 Thank you.
6 THE CHAIRMAN: Thank you, Mr. Crofts.
7 Any questions from the committee?
8 COMMITTEE MEMBERS: (No response.)
9 THE CHAIRMAN: All right. Seeing none, we
10 have a public hearing scheduled on this
11 tonight. The public hearing is open.
12 Do we have speaker cards?
13 MS. OWENS: No, sir.
14 THE CHAIRMAN: No? Okay.
15 Anyone care to address the committee?
16 AUDIENCE MEMBERS: (No response.)
17 THE CHAIRMAN: Seeing no one, the public
18 hearing is closed.
19 MR. HOLT: Move the bill.
20 MR. JOOST: Move the bill.
21 THE CHAIRMAN: Motion on the bill by
22 Mr. Holt, second by Mr. Joost.
23 Discussion?
24 COMMITTEE MEMBERS: (No response.)
25 THE CHAIRMAN: If there's no discussion,
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1 please open the ballot, vote.
2 (Committee ballot opened.)
3 MR. CRESCIMBENI: (Votes yea.)
4 MR. HOLT: (Votes yea.)
5 MR. BISHOP: (Votes yea.)
6 MR. D. BROWN: (Votes yea.)
7 MR. R. BROWN: (Votes yea.)
8 MR. JOOST: (Votes yea.)
9 MR. REDMAN: (Votes yea.)
10 (Committee ballot closed.)
11 MS. DAVIS: Seven yea, zero nay.
12 THE CHAIRMAN: By our action, you've
13 approved item 12, 2011-156.
14 Item 13, 2011-157. Mr. Crofts, anything
15 else?
16 MR. CROFTS: No, sir.
17 THE CHAIRMAN: Okay. This is a
18 quasi-judicial matter. Does anyone have any
19 ex-parte communication to disclose?
20 COMMITTEE MEMBERS: (No response.)
21 THE CHAIRMAN: Sir, I see you standing up.
22 Did you want to address the committee?
23 AUDIENCE MEMBER: No.
24 THE CHAIRMAN: No.
25 AUDIENCE MEMBER: (Inaudible.)
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1 THE CHAIRMAN: Okay. Does anyone have any
2 ex-parte communication to disclose?
3 COMMITTEE MEMBERS: (No response.)
4 THE CHAIRMAN: All right. Seeing none, we
5 have a public hearing scheduled this evening.
6 The public hearing is open. I have no
7 speakers' cards.
8 Anyone care to address the committee?
9 AUDIENCE MEMBER: (No response.)
10 THE CHAIRMAN: All right. Seeing no one,
11 the public hearing is closed.
12 MR. BISHOP: Move the bill.
13 MR. HOLT: Move the bill.
14 THE CHAIRMAN: Motion on the bill by
15 Mr. Bishop, second by Mr. Holt.
16 Discussion?
17 COMMITTEE MEMBERS: (No response.)
18 THE CHAIRMAN: If not, open the ballot,
19 vote.
20 (Committee ballot opened.)
21 MR. CRESCIMBENI: (Votes yea.)
22 MR. HOLT: (Votes yea.)
23 MR. BISHOP: (Votes yea.)
24 MR. D. BROWN: (Votes yea.)
25 MR. R. BROWN: (Votes yea.)
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1 MR. JOOST: (Votes yea.)
2 MR. REDMAN: (Votes yea.)
3 (Committee ballot closed.)
4 MS. DAVIS: Seven yea, zero nay.
5 THE CHAIRMAN: By our action, you've
6 approved item 13, 2011-157.
7 Turning to page 6, at the top of the page,
8 these are also companion rezonings, item --
9 companion bills, item 14 and 15.
10 Mr. Crofts, item 14, 2011-158.
11 MR. CROFTS: Yes, Mr. Chairman. I'd like
12 to go ahead and give my report for items 14 and
13 15, ordinances 2011-158 and -159.
14 Specifically, these two items seek to
15 modify the future land use designation, again,
16 on the future land use map series of the 2030
17 Comprehensive Plan from LDR, Low Density
18 Residential, to LI, Light Industrial, and the
19 companion rezoning on the property from RR acre
20 to IL, Industrial Light. The property consists
21 of slightly over five acres and is located in
22 Council District 8, south of Trout River
23 Boulevard, and is accessed from the west by
24 Moncrief/Dinsmore Road, which parallels the CSX
25 Railroad in the Dinsmore area of the city and
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1 it's in general proximity to I-295 and US-1.
2 In 2009, a 10-acre parcel, just to the
3 south of this property, was modified from LDR
4 to LI to allow for a warehouse space. And in
5 order for this proposal to coexist better with
6 the LDR residential uses to the north and east,
7 the applicant in this particular case offered a
8 50-foot undisturbed natural buffer that was
9 left and taken out of the original legal
10 description for the property.
11 Our analysis has found that the proposed
12 land use and zoning is consistent with several
13 policies in the comprehensive plan as well as
14 two objectives that deal with, again, the
15 appropriateness of this type of development,
16 its compatibility, and the desire and need for
17 the redevelopment and future development of
18 properties at this location.
19 For these reasons, staff recommends
20 approval of these two items, ordinance 2011-158
21 and -159.
22 THE CHAIRMAN: Thank you, Mr. Crofts.
23 Any questions from the committee?
24 COMMITTEE MEMBERS: (No response.)
25 THE CHAIRMAN: All right. We have a
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1 public hearing scheduled on item 14. I have
2 one speaker's card. It's Michael -- is it
3 Fayard?
4 MR. FAYARD: Yes, sir.
5 THE CHAIRMAN: Questions only.
6 Did you want to address the committee?
7 MR. FAYARD: No, Mr. Chairman.
8 Michael --
9 THE CHAIRMAN: Did you want us to come up
10 with some questions for you?
11 MR. FAYARD: Correct.
12 THE CHAIRMAN: You want us to ask you some
13 questions?
14 MR. FAYARD: No.
15 THE CHAIRMAN: Okay. You've been sitting
16 out there a long time. I just wanted to make
17 it worth your while tonight.
18 MR. FAYARD: I was going to take drink
19 orders if anybody wanted them.
20 THE CHAIRMAN: You shouldn't have said
21 that.
22 All right. Any questions from the
23 committee?
24 COMMITTEE MEMBERS: (No response.)
25 THE CHAIRMAN: All right. Thank you, sir.
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1 MR. FAYARD: Thank you, sir.
2 THE CHAIRMAN: Anyone else care to address
3 the committee?
4 AUDIENCE MEMBERS: (No response.)
5 THE CHAIRMAN: All right. Seeing no one,
6 the public hearing is closed.
7 MR. JOOST: Move the bill.
8 MR. REDMAN: Second.
9 THE CHAIRMAN: Motion on the bill by
10 Mr. Joost; second, I believe, by Mr. Redman.
11 Discussion?
12 COMMITTEE MEMBERS: (No response.)
13 THE CHAIRMAN: If not, open the ballot,
14 vote.
15 (Committee ballot opened.)
16 MR. CRESCIMBENI: (Votes yea.)
17 MR. HOLT: (Votes yea.)
18 MR. BISHOP: (Votes yea.)
19 MR. D. BROWN: (Votes yea.)
20 MR. R. BROWN: (Votes yea.)
21 MR. JOOST: (Votes yea.)
22 MR. REDMAN: (Votes yea.)
23 (Committee ballot closed.)
24 MS. DAVIS: Seven yea, zero nay.
25 THE CHAIRMAN: By our action, you've
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1 approved item 14, 2011-158.
2 Item 15, 2011-159, anything else,
3 Mr. Crofts?
4 MR. CROFTS: We stand by our previous
5 report.
6 THE CHAIRMAN: Thank you, sir.
7 This item is a quasi-judicial item. Does
8 anyone have any ex-parte communication to
9 disclose?
10 COMMITTEE MEMBERS: (No response.)
11 THE CHAIRMAN: All right. Seeing none, we
12 have a public hearing scheduled this evening.
13 The public hearing is open.
14 Again, Michael Fayard, questions only?
15 MR. FAYARD: Yes.
16 THE CHAIRMAN: All right. Any questions
17 from the committee?
18 COMMITTEE MEMBERS: (No response.)
19 THE CHAIRMAN: All right. Anyone else
20 care to address the committee?
21 AUDIENCE MEMBERS: (No response.)
22 THE CHAIRMAN: Seeing no one, the public
23 hearing is closed.
24 MR. JOOST: Move the bill.
25 MR. REDMAN: Second.
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1 THE CHAIRMAN: Motion on the bill by
2 Mr. Joost, second by Mr. Redman.
3 Any discussion?
4 COMMITTEE MEMBERS: (No response.)
5 THE CHAIRMAN: If not, please open the
6 ballot, vote.
7 (Committee ballot opened.)
8 MR. CRESCIMBENI: (Votes yea.)
9 MR. HOLT: (Votes yea.)
10 MR. BISHOP: (Votes yea.)
11 MR. D. BROWN: (Votes yea.)
12 MR. R. BROWN: (Votes yea.)
13 MR. JOOST: (Votes yea.)
14 MR. REDMAN: (Votes yea.)
15 (Committee ballot closed.)
16 MS. DAVIS: Seven yea, zero nay.
17 THE CHAIRMAN: By our action, you've
18 approved item 15, 2011-159.
19 Item 16, 2011-179, is deferred, as is
20 item 17, 2011-180.
21 Turning to page 7, items 18, 19, 20, 21,
22 and 22 are all read second.
23 Turning ahead to page 8, at the top,
24 item 23, these are all going to be -- I'm
25 sorry, we haven't quite gotten there yet.
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1 This is a semiannual and we have a
2 companion rezoning.
3 Mr. Crofts, item 23 and 24.
4 MR. CROFTS: Yes, Mr. Chairman.
5 These items on our agenda reflect -- or
6 begin a series of bills that were -- are on our
7 agenda that were actually sent to DCA and this
8 is actually a map change on our future land use
9 map series. These two bills particularly
10 reflect a land use amendment and rezoning on
11 55 acres of conservation,
12 environmentally-sensitive-type property,
13 purchased with the use of Florida Community
14 Trust monies, located in Jacksonville's
15 Northside in Council District 11.
16 The land use change is from -- actually
17 to -- AGR-4 and PUD to ROS. Lands purchased
18 under this arrangement are required to be
19 depicted in ROS or conservation. This
20 particular case, we're going with the ROS
21 designation.
22 Again, this property -- it's appropriate;
23 it's located in the Timucuana Historical and
24 Ecological Preserve; it's consistent with our
25 land use and recreation and open space element
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1 and coastal management conservation element.
2 And, for these reasons, we recommend approval
3 of both of these items.
4 THE CHAIRMAN: Thank you, Mr. Crofts.
5 Any questions from the committee?
6 COMMITTEE MEMBERS: (No response.)
7 THE CHAIRMAN: All right. We have a
8 public hearing scheduled this evening. The
9 public hearing is open. I have no speakers'
10 cards. There's no one in the audience. The
11 public hearing is closed.
12 MR. JOOST: Move the bill.
13 MR. REDMAN: Second.
14 THE CHAIRMAN: Motion on the bill by
15 Mr. Joost, second by Mr. Redman.
16 Discussion?
17 COMMITTEE MEMBERS: (No response.)
18 THE CHAIRMAN: If not, open the ballot,
19 vote.
20 (Committee ballot opened.)
21 MR. CRESCIMBENI: (Votes yea.)
22 MR. HOLT: (Votes yea.)
23 MR. BISHOP: (Votes yea.)
24 MR. D. BROWN: (Votes yea.)
25 MR. R. BROWN: (Votes yea.)
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1 MR. JOOST: (Votes yea.)
2 MR. REDMAN: (Votes yea.)
3 (Committee ballot closed.)
4 MS. DAVIS: Seven yea, zero nay.
5 THE CHAIRMAN: By our action, you've
6 approved item 23, 2011-220.
7 Item 24, Mr. Crofts, anything else?
8 MR. CROFTS: No, sir.
9 THE CHAIRMAN: Okay. This item is
10 quasi-judicial. Does anyone have any ex-parte
11 communication to disclose?
12 COMMITTEE MEMBERS: (No response.)
13 THE CHAIRMAN: All right. Seeing none, we
14 have a public hearing scheduled this evening.
15 The public hearing is open. I have no
16 speakers' cards, no one in the audience. The
17 public hearing is closed.
18 MR. JOOST: Move the bill.
19 MR. BISHOP: Second.
20 THE CHAIRMAN: Motion on the bill by
21 Mr. Joost, second by Mr. Bishop.
22 Discussion?
23 COMMITTEE MEMBERS: (No response.)
24 THE CHAIRMAN: If not, please open the
25 ballot, vote.
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1 (Committee ballot opened.)
2 MR. CRESCIMBENI: (Votes yea.)
3 MR. HOLT: (Votes yea.)
4 MR. BISHOP: (Votes yea.)
5 MR. D. BROWN: (Votes yea.)
6 MR. R. BROWN: (Votes yea.)
7 MR. JOOST: (Votes yea.)
8 MR. REDMAN: (Votes yea.)
9 (Committee ballot closed.)
10 MS. DAVIS: Seven yea, zero nay.
11 THE CHAIRMAN: By our action, you've
12 approved item 2011-221.
13 All right. The next four items are going
14 to be text amendments.
15 Mr. Crofts, item 25, 2011-222.
16 MR. CROFTS: This particular proposed text
17 amendment, Mr. Chairman and members of the
18 committee, will actually spell out in the
19 future land use element of the comprehensive
20 plan and give us the opportunity to use
21 small-scale amendments consistent with State
22 law in the categories -- in nonresidential --
23 typically nonresidential categories of BP, NC,
24 CGC, and the -- those four categories, and it
25 gives us the ability to do small-scale
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1 amendments, which we feel, in our opinion, is a
2 good thing and it's helpful and it's -- it
3 makes our plan consistent with the State
4 procedures.
5 And I would point out that there is an
6 amendment to this ordinance, and that is
7 basically to swap out the exhibit because there
8 was some language -- appropriate language that
9 was inadvertently left out of that exhibit, so
10 we would ask for your support and action for
11 the amendment and the text amendment as well.
12 THE CHAIRMAN: Thank you, Mr. Crofts.
13 Any questions from the committee?
14 COMMITTEE MEMBERS: (No response.)
15 THE CHAIRMAN: All right. We have a
16 public hearing scheduled this evening. The
17 public hearing is open. I have no speakers'
18 cards, there's no one in the audience. The
19 public hearing is closed.
20 MR. JOOST: Move the text amendment.
21 THE CHAIRMAN: Motion on the amendment by
22 Mr. Joost --
23 MR. JOOST: Move the amendment.
24 MR. R. BROWN: Second.
25 THE CHAIRMAN: Motion by Mr. Joost on the
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1 amendment, second by Mr. Brown, Reggie Brown.
2 Discussion on the amendment?
3 COMMITTEE MEMBERS: (No response.)
4 THE CHAIRMAN: All those in favor, say
5 yes.
6 COMMITTEE MEMBERS: Yes.
7 THE CHAIRMAN: Opposed, say no.
8 COMMITTEE MEMBERS: (No response.)
9 THE CHAIRMAN: By your action, you've
10 approved the amendment.
11 MR. JOOST: Move the bill as amended.
12 MR. HOLT: Second.
13 THE CHAIRMAN: Motion on the bill as
14 amended by Mr. Joost, second by Mr. Holt.
15 Discussion?
16 COMMITTEE MEMBERS: (No response.)
17 THE CHAIRMAN: If not, please open the
18 ballot, vote.
19 (Committee ballot opened.)
20 MR. CRESCIMBENI: (Votes yea.)
21 MR. HOLT: (Votes yea.)
22 MR. BISHOP: (Votes yea.)
23 MR. D. BROWN: (Votes yea.)
24 MR. R. BROWN: (Votes yea.)
25 MR. JOOST: (Votes yea.)
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1 MR. REDMAN: (Votes yea.)
2 (Committee ballot closed.)
3 MS. DAVIS: Seven yea, zero nay.
4 THE CHAIRMAN: By our action, you've
5 approved item 25, 2011-222.
6 Item 26, 2011-223, Mr. Crofts.
7 MR. CROFTS: Mr. Chairman, once again,
8 this particular text amendment was sent to the
9 State and came back with -- from DCA with no
10 objections. And, essentially, you've already
11 seen this at one time, but we're adopting it
12 now into our comprehensive plan and it deals
13 with the neighborhood commercial uses, and in
14 this particular case what we're trying to do is
15 to spell out the situation that neighborhood
16 commercial is not necessarily appropriate in
17 nodes, but it should be located within a
18 certain proximity of an intersection, up to a
19 quarter of a mile, and also with certain
20 mixed-use developments.
21 We feel like this is -- it aligns the
22 neighborhood commercial context or use,
23 consistent with the policy, as well as the land
24 use description, and we recommend approval.
25 THE CHAIRMAN: Thank you, Mr. Crofts.
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1 Any questions from the committee?
2 COMMITTEE MEMBERS: (No response.)
3 THE CHAIRMAN: All right. We have a
4 public hearing scheduled on this this evening.
5 The public hearing is open. No speakers'
6 cards, no one in the audience. The public
7 hearing is closed.
8 MR. HOLT: Move the bill.
9 MR. JOOST: Move the bill.
10 THE CHAIRMAN: Motion on the bill by
11 Mr. Holt, second by Mr. Joost.
12 Discussion?
13 COMMITTEE MEMBERS: No response.)
14 THE CHAIRMAN: If not, please open the
15 ballot, vote.
16 (Committee ballot opened.)
17 MR. CRESCIMBENI: (Votes yea.)
18 MR. HOLT: (Votes yea.)
19 MR. BISHOP: (Votes yea.)
20 MR. D. BROWN: (Votes yea.)
21 MR. R. BROWN: (Votes yea.)
22 MR. JOOST: (Votes yea.)
23 MR. REDMAN: (Votes yea.)
24 (Committee ballot closed.)
25 MS. DAVIS: Seven yea, zero nay.
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1 THE CHAIRMAN: By your action, you've
2 approved item 26, 2011-223.
3 Item 27, 2011-224, Mr. Crofts.
4 MR. CROFTS: Very briefly, this text
5 amendment postpones the development of a
6 low-impact development manual, which we've
7 agreed to proceed. We feel it is a good thing.
8 It will be an addition -- it will be a
9 supplement to the comprehensive plan. Our
10 current comprehensive plan indicates that it
11 should be done in the very short, near future,
12 2010 -- actually it was September of 2010, so
13 we've succeeded -- we're past that, and we want
14 to postpone that to 2012 for the completion of
15 that impact manual, which is consistent with
16 the status of the work right now.
17 And I would point out that the RFP has
18 been developed and it's in Procurement right
19 now and we're receiving proposals, so we ask
20 you to postpone the completion of this date to
21 be consistent with the status of the work.
22 THE CHAIRMAN: Thank you, Mr. Crofts.
23 Any questions from the committee?
24 COMMITTEE MEMBERS: (No response.)
25 THE CHAIRMAN: All right. We have a
Diane M. Tropia, Inc., P.O. Box 2375, Jacksonville, FL 32203
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1 public hearing scheduled on this this evening.
2 The public hearing is open. I have no
3 speakers' cards. There's no one in the
4 audience. The public hearing is closed.
5 MR. JOOST: Do we move to postpone?
6 (Inaudible discussion.)
7 MR. JOOST: Move the bill.
8 MR. REDMAN: Second.
9 THE CHAIRMAN: Motion on the bill by
10 Mr. Joost, second by Mr. Redman.
11 Discussion?
12 COMMITTEE MEMBERS: (No response.)
13 THE CHAIRMAN: If not, please open the
14 ballot, vote.
15 (Committee ballot opened.)
16 MR. CRESCIMBENI: (Votes yea.)
17 MR. HOLT: (Votes yea.)
18 MR. BISHOP: (Votes yea.)
19 MR. R. BROWN: (Votes yea.)
20 MR. JOOST: (Votes yea.)
21 MR. REDMAN: (Votes yea.)
22 (Committee ballot closed.)
23 MS. DAVIS: Six yea, zero nay.
24 THE CHAIRMAN: By our action, you've
25 approved item 27, 2011-224.
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1 Item 28, 2011-225, Mr. Crofts.
2 MR. CROFTS: Yes, Mr. Chairman.
3 This text amendment allows family
4 homestead exemptions, which -- in the
5 agricultural 4 category, which is probably one
6 of the land use -- yeah, one of the land use
7 categories that would be most appropriate to be
8 in that family homesteading opportunity, and
9 essentially we're including that, correcting
10 our comprehensive plan because of this
11 oversight.
12 And, in addition to that, we're
13 coordinating that particular -- permission of
14 that particular category and that particular
15 use to be consistent with an appropriate policy
16 that was misstated previously. So this is the
17 last of a specific cleanup that deals with
18 family homestead petitions in our future land
19 use element, and we ask for your support and
20 approval.
21 THE CHAIRMAN: Thank you, Mr. Crofts.
22 Any questions from the committee?
23 COMMITTEE MEMBERS: (No response.)
24 THE CHAIRMAN: All right. This is
25 scheduled for a public hearing this evening.
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1 The public hearing is open. I have no
2 speakers' cards. There's no one in the
3 audience. The public hearing is closed.
4 MR. JOOST: Move the bill.
5 MR. HOLT: Second.
6 THE CHAIRMAN: Motion on the bill by
7 Mr. Joost, second by Mr. Holt.
8 Discussion?
9 COMMITTEE MEMBERS: (No response.)
10 THE CHAIRMAN: If not, please open the
11 ballot, vote.
12 (Committee ballot opened.)
13 MR. CRESCIMBENI: (Votes yea.)
14 MR. HOLT: (Votes yea.)
15 MR. BISHOP: (Votes yea.)
16 MR. R. BROWN: (Votes yea.)
17 MR. JOOST: (Votes yea.)
18 MR. REDMAN: (Votes yea.)
19 (Committee ballot closed.)
20 MS. DAVIS: Six yea, zero nay.
21 THE CHAIRMAN: By your action, you
22 approved item 28, 2011-225.
23 Item 29, 2011-230, is read second, and
24 that completes our agenda.
25 Thank you all for being here.
Diane M. Tropia, Inc.,
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1 Also, to the staff, I've noticed that we
2 have a new format on our reports; is that
3 right? They look different. Everybody looks
4 bewildered over there.
5 I like them except for the dual map page
6 being turned 90 degrees, so --
7 MR. CROFTS: (Inaudible.)
8 THE CHAIRMAN: Yeah, if you could maybe
9 figure out a way to get those both on the page,
10 oriented to where north is at the top, that
11 might be a little bit helpful.
12 MR. CROFTS: We appreciate --
13 THE CHAIRMAN: Other than that, I like
14 them.
15 All right. Anything else to come before
16 the committee?
17 STAFF MEMBERS: (No response.)
18 COMMITTEE MEMBERS: (No response.)
19 THE CHAIRMAN: I guess the drink order guy
20 has left, so we're on our own.
21 This meeting is adjourned.
22 (The above proceedings were adjourned at
23 8:07 p.m.)
24 - - -
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1 CERTIFICATE
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3 STATE OF FLORIDA)
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4 COUNTY OF DUVAL )
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I, Diane M. Tropia, Court Reporter, certify
6 that I was authorized to and did stenographically report
the foregoing proceedings and that the transcript is a
7 true and complete record of my stenographic notes.
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9 DATED this 23rd day of April, 2011.
10 ___________________________
Diane M. Tropia
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Diane M. Tropia, Inc., P.O. Box 2375, Jacksonville, FL 32203