CITY OF JACKSONVILLE
LAND USE AND ZONING
COMMITTEE
Proceedings held on Tuesday, April 5,
2011, commencing at 5:06 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.
DON REDMAN, Committee Member.
STEPHEN JOOST, Committee Member.
REGINALD BROWN, Committee Member.
ALSO PRESENT:
JOHN CROFTS, Deputy Director, Planning Dept.
SEAN KELLY, Chief, Current Planning.
FOLKS HUXFORD, Zoning Administrator.
KEN AVERY, Planning and Development Dept.
DYLAN REINGOLD, Office of General Counsel.
MERRIANE LAHMEUR, Legislative Assistant.
SHARONDA DAVIS, Legislative Assistant.
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2
1 P R O C E E D I N G S
2 April 5, 2011 5:06 p.m.
3 - - -
4 THE CHAIRMAN: All right. Good evening,
5 everyone.
6 We're going to begin the Land Use and
7 Zoning meeting of Tuesday, April 5th, 2011.
8 I have a quorum at this point, so we will
9 start by everybody introducing themselves on
10 the record, and we'll begin with Mr. Crofts.
11 MR. CROFTS: Good evening.
12 My name is John Crofts, and I'm deputy
13 director of Planning.
14 Thank you.
15 MR. KELLY: Sean Kelly, Planning and
16 Development.
17 MR. HUXFORD: Folks Huxford, Planning and
18 Development.
19 MR. AVERY: Ken Avery, Planning and
20 Development.
21 MR. REINGOLD: Dylan Reingold with the
22 Office of General Counsel.
23 MR. JOOST: Stephen Joost, City Council,
24 Group 3.
25 MR. BROWN: Reginald Brown, District 10.
3
1 THE CHAIRMAN: I'm John Crescimbeni,
2 at-large, Group 2.
3 MR. REDMAN: Don Redman, District 4.
4 THE CHAIRMAN: All right. Thank you.
5 Welcome, everyone.
6 And we have a council member that's joined
7 us in the audience, sitting way, way out there
8 in the back. She should be on the front row,
9 Ms. Lori Boyer, who will be the new council
10 member on July 1 for District 5.
11 So we welcome you here tonight. Thank you
12 for showing an interest in the Land Use and
13 Zoning Committee, and congratulations on your
14 election to the City Council.
15 For a minute there I thought we might have
16 to get you up here on the panel tonight. We
17 have to have four, so --
18 Mr. Reingold, we have one public hearing
19 tonight. The participant is not here. Do we
20 do the instructions or not?
21 MR. REINGOLD: I always do the
22 instructions at your pleasure, sir.
23 THE CHAIRMAN: I'm just looking for legal
24 advice, so --
25 MR. REINGOLD: If I notice anything that
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1 goes out of control, I will certainly say
2 something.
3 THE CHAIRMAN: All right. So we will --
4 we will temporarily pass over the LUZ
5 instructions, which we predicted may last
6 longer that the rest of the meeting.
7 All right. Page 2, item 1, we have a
8 public hearing scheduled this evening. I have
9 no speakers' cards. The public hearing is
10 continued until June 7th, and there's no
11 further action on that bill.
12 Items 2 and 3 are both deferred tonight.
13 Turning to page 3, at the top, item 4,
14 2011-38, that is deferred.
15 Item 5, 2011-40. We have no public
16 hearing this evening. The committee adopted
17 this at our last meeting three weeks ago. It
18 went to the council for -- there was some
19 concern about the need for an additional
20 condition, so it's been rereferred back to LUZ.
21 Mr. Kelly, do you want give a report on
22 that?
23 Mr. Cribbs, you might as well come up to
24 the podium, please.
25 (Mr. Cribbs approaches the podium.)
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1 MR. KELLY: Thank you.
2 To the Chair and Committee, again
3 ordinance 2011-40 seeks a reduction in the
4 required minimum road frontage from eighty feet
5 to zero feet. As you know, the Department had
6 originally recommended denial of this
7 application. After considerable debate, the
8 committee looked -- I think it was under
9 Councilman Brown, Dick Brown, that -- they were
10 looking for conditions which would alleviate or
11 remove that denial that could, you know,
12 benefit the public health and safety and -- and
13 ultimately be consistent with the -- the
14 criteria for the waiver.
15 The Department, in concert with the Office
16 of General Counsel, has gone over that. We
17 have -- I don't know if Dylan has handed it
18 out. There's an amendment proposed, which is
19 basically consisting of about five or six
20 conditions. I can read them into the record.
21 I do have a -- an issue with some of the
22 verbiage on the very first part, so I will read
23 into the record the condition that's
24 proposed -- the conditions that are proposed
25 right now.
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1 The -- condition 1 would be --
2 THE CHAIRMAN: Mr. Kelly, are any of the
3 conditions you're about to read in ones that we
4 have already approved verbatim or have they all
5 changed?
6 MR. KELLY: They're -- there's a
7 modification to the first one. Conditions B,
8 C, D, and E would be the same.
9 MR. REINGOLD: No.
10 THE CHAIRMAN: Okay. Let's go ahead and
11 read them all into the record, then, since we
12 already have a difference of opinion between
13 staff and legal counsel. So, I'm sorry to
14 interrupt, go ahead, read them in.
15 MR. KELLY: The first condition, as
16 proposed, reads, "The accessway to the subject
17 property shall be 25 feet wide and maintained
18 by the applicant as a stabilized travel surface
19 that does not alter the existing drainage
20 patterns, subject to review and approval of the
21 Planning and Development Department and subject
22 to confirmation that the applicant has a legal
23 right to improve the 25-foot-wide accessway and
24 use the same for vehicular and pedestrian
25 access to the subject property prior to the
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1 granting of a permit for the residence. The
2 accessway shall be improved to meet this
3 requirement within 12 months of the granting of
4 a permit for the residence.
5 "To the extent that any portion of the
6 25-foot-wide accessway is owned by the City of
7 Jacksonville, then, prior to work, the
8 applicant shall have executed and delivered to
9 the City of Jacksonville an agreement as
10 approved by the City of the [sic] Jacksonville
11 Office of General Counsel and Risk Management.
12 Condition B --
13 THE CHAIRMAN: All right. You want to
14 just take that one up and -- so Condition A,
15 Mr. Reingold, do you have a difference of
16 opinion on the verbiage?
17 MR. REINGOLD: One small change to A that
18 I would recommend. It was actually based upon
19 a discussion I had with the applicant, was
20 breaking up the first sentence a little bit,
21 was -- after "subject to the review and
22 approval of the Planning and Development
23 Department, the applicant shall provide
24 confirmation that the applicant has the legal
25 right to improve the 25-foot-wide accessway,"
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1 and it continues from there. It just breaks up
2 the sentence and makes it --
3 THE CHAIRMAN: Thank you, Mr. Reingold.
4 Are you okay with that, Mr. Kelly?
5 MR. CROFTS: Yes.
6 THE CHAIRMAN: All right. Any questions
7 from the committee on Condition A?
8 COMMITTEE MEMBERS: (No response.)
9 THE CHAIRMAN: Mr. Cribbs, are you okay --
10 do you accept Condition A?
11 MR. CRIBBS: I was actually going to ask,
12 when it became my turn to talk, that we just
13 get rid of Condition A altogether.
14 THE CHAIRMAN: Okay.
15 MR. CRIBBS: I've got some reasons for
16 that I'll share with you in a moment.
17 THE CHAIRMAN: Okay.
18 MR. CRIBBS: And some -- and also, I've
19 brought some photographs in to show, if I could
20 do that.
21 THE CHAIRMAN: All right. Mr. Kelly,
22 Condition B?
23 MR. KELLY: Condition B is, "The accessway
24 to the subject property shall be named and a
25 street sign placed at the interaction with
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1 103rd Street, subject to the review and
2 approval of the Planning and Development
3 Department."
4 Condition C, "The address for the subject
5 property shall be clearly identified on the" --
6 "on 103rd Street, subject to the review and
7 approval of the Planning and Development
8 Department."
9 Condition D, "The subject property shall
10 not be further subdivided unless the accessway
11 is dedicated to the City as a public
12 right-of-way meeting all City standards or is
13 maintained as an approved private street
14 meeting all City standards.
15 "The applicant shall execute and record in
16 the public records a declaration of restrictive
17 covenants in the form approved by the City
18 Council" -- or "City of Jacksonville Office of
19 General Counsel prior to the granting of a
20 permit for the residence on the subject
21 property."
22 Condition E, "The private driveway from
23 the accessway, which is located on the subject
24 property, shall be 15 feet wide and maintained
25 by the applicant as a stabilized travel surface
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1 that does not alter the existing drainage
2 patterns, subject to the review and approval of
3 the Planning and Development Department.
4 "Private driveways shall be improved to
5 meet this requirement within 12 months of the
6 granting of a permit for the residence, "and
7 then the -- the amendment would be to add those
8 conditions.
9 THE CHAIRMAN: Thank you, Mr. Kelly.
10 Mr. Reingold, any other comments on those
11 conditions?
12 MR. REINGOLD: No, sir.
13 THE CHAIRMAN: All right. Any questions
14 from the committee?
15 MR. JOOST: Yes.
16 THE CHAIRMAN: Mr. Joost.
17 MR. JOOST: Thank you.
18 What is Condition A again? Since we're
19 about to get into it.
20 MR. KELLY: Condition A is basically
21 requesting the applicant to improve the
22 easement, which --
23 MR. JOOST: Which is a dirt road you see
24 there?
25 MR. KELLY: Right. That's property he
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1 doesn't have title to, but to improve that --
2 MR. JOOST: And who has title to it?
3 MR. KELLY: It is an old Jacksonville
4 Heights right-of-way, so it's City -- City
5 owned but not maintained.
6 MR. JOOST: Okay.
7 MR. REINGOLD: I'm not sure that's
8 entirely a true statement.
9 On the property appraiser's website, there
10 appears to be a strip of land that is public
11 right-of-way. There also appears to be a small
12 strip of land that appears to be owned by four
13 or five separate individuals, and it -- and
14 part of the -- the way that the condition reads
15 is that, if you're going to be working on City
16 property, you need to make sure that you enter
17 into the proper agreements with the City to be
18 working on the public right-of-way.
19 The other aspect of the condition is that,
20 if you're working on the other piece of --
21 strip that appears to be a privately-owned
22 easement, we want to make sure that we see that
23 we -- you've got the right to improve and even
24 use that easement before you start working on
25 it so that there's not a trespass issue, which
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1 completely circumvents everything --
2 (Simultaneous speaking.)
3 MR. JOOST: I guess that would be my next
4 question. How can we improve property we don't
5 own?
6 MR. REINGOLD: And the response to that is
7 that we want to see, up front, before they
8 start working, that they do have the right to
9 either access the private property or have the
10 proper agreement on the public property.
11 MR. JOOST: Okay. Or just drop
12 Condition A.
13 MR. REINGOLD: Well, the -- I believe --
14 and certainly the Planning Department can speak
15 to this issue. There -- one of the main issues
16 that you have with a waiver of road frontage is
17 that you need to have a valid and effective --
18 (Simultaneous speaking.)
19 MR. JOOST: -- (inaudible) subdivision --
20 MR. REINGOLD: Well, you need to have
21 valid --
22 MR. JOOST: A subdivision that doesn't
23 meet the City code. I got it.
24 Okay. Thank you, Mr. Chairman.
25 THE CHAIRMAN: Thank you, Mr. Joost.
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1 Mr. Reingold, Condition A, though, isn't
2 that necessary to have access to and from your
3 parcel? I mean, isn't that, like, the key,
4 that you have to have either right-of-way
5 that's owned but not maintained or some sort of
6 agreement with the privately-owned property to
7 get back and forth to your property?
8 MR. REINGOLD: To the Chair, that's
9 correct.
10 One of the four criteria that the LUZ
11 Committee has to review and the Planning
12 Department reviews is that there's a valid and
13 effective easement for adequate vehicular
14 access connected to a public street or approved
15 private roadway.
16 What A is doing is providing that. It's
17 saying, look, you've got to demonstrate to us
18 that you've got an agreement with the City or
19 you have this valid and effective easement.
20 And then adequacy is based upon the -- it's got
21 to be 25 foot wide and it needs to be improved.
22 So all those are sort of wrapping in so that it
23 meets that condition.
24 THE CHAIRMAN: Okay.
25 All right. Any other questions from the
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1 committee?
2 COMMITTEE MEMBERS: (No response.)
3 THE CHAIRMAN: All right. Mr. Cribbs, do
4 you accept conditions B, C, D, and E?
5 MR. CRIBBS: Yes, sir.
6 THE CHAIRMAN: Okay.
7 All right. Well, tell us about
8 Condition A.
9 MR. CRIBBS: Um --
10 THE CHAIRMAN: You understand what the
11 General Counsel is saying with regard to --
12 MR. CRIBBS: (Nods head.)
13 THE CHAIRMAN: All right.
14 MR. CRIBBS: Yes, sir.
15 That -- actually, that last statement made
16 the most sense to me, and I -- I mean, I can
17 clearly see why that's important, but this
18 public easement from 103rd has been in place
19 probably for 20 years. I know my neighbor has
20 lived there that long. It is a stabilized
21 surface. It does provide adequate ingress and
22 egress to all those -- there's -- there's only
23 a few folks living in there. It's a dead end.
24 I guess my argument is it doesn't need to
25 be improved any further than it already is. I
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1 have a 14-by-76 mobile home, and my mover is
2 not even concerned about getting it in there.
3 I -- I've brought those photographs. One
4 of them is looking back towards 103rd Street,
5 and you'll see that it has a paved surface with
6 concrete curbs, a double-yellow line. That,
7 from curb to curb, is what 25 feet looks like.
8 Now, some of the other ones are going --
9 looking down the dirt road, and I -- I believe
10 I measured the -- just the dirt travel path is
11 probably about 16 feet, but you can see that
12 there's grass on either side and it's
13 relatively flat. And, you know, if I'm coming
14 in and a neighbor is going out, we have room to
15 pass.
16 My only concern was, if I get into trying
17 to make a 25-foot road, it's going to eat up
18 every bit of space from the row of power poles
19 to the left all the way to the existing ditch
20 on the right, which is really on somebody
21 else's property, and I -- and I -- I just hope
22 that maybe we could drop that off of my
23 requirements and -- it seems like a -- an
24 unnecessary complication for me at this moment
25 in time.
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1 THE CHAIRMAN: Thank you, Mr. Cribbs.
2 Mr. Joost, do you have a question?
3 MR. JOOST: Yes. Thank you, Mr. Chairman.
4 I guess to clarify, through legal, is --
5 you're saying -- I mean, we could drop the part
6 where it says he has to improve it, I guess, if
7 you will, but he still has to demonstrate the
8 fact that he -- even a de facto or whatever --
9 he's been using it for 20 years. We're still
10 saying to him, he has to demonstrate to us, in
11 writing, that he has easement rights to it; is
12 that correct?
13 MR. REINGOLD: (Nods head.)
14 MR. JOOST: I mean, we have to -- I mean,
15 the law requires us to do that?
16 MR. REINGOLD: And that -- actually,
17 that -- there's actually two aspects. One, we
18 would want to confirm the proper access to his
19 property; and two, we may not -- the chair --
20 the committee may not desire that he improve
21 it, but there may be a request that he maintain
22 it, you know, in a certain format. At which
23 point, if he's requested to maintain that, we'd
24 want to make sure that he was in agreement, you
25 had proper agreements with the City to be
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1 working in the right-of-way or on someone
2 else's property.
3 MR. JOOST: And I guess the problem comes
4 in is -- the one in a million times --
5 hopefully it's not more than that -- where you
6 have to call 911 and the emergency vehicle
7 can't get down there. I think that's the main
8 part for the 25 feet, is what those -- you
9 know, a large ladder truck is going to require
10 to get back there.
11 So, I mean, it looks to me right now --
12 it's okay, but I would still want to make sure
13 we have an easement to it, you know, and -- and
14 we're not getting the City in any situation.
15 Just because the road has been there for
16 25 years, nobody has granted us permission to
17 get back there, or really granted you -- it's
18 even more to -- more so to protect yourself.
19 You know, I mean, let -- how big is that
20 parcel, 15 acres?
21 MR. CRIBBS: Yes, sir.
22 MR. JOOST: I mean, I'd hate to see in,
23 you know, 10 or 15, 20 years from now real
24 estate gets, you know, back on track and all of
25 a sudden, you know, that -- you've got a
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1 valuable piece -- I mean, a really valuable
2 piece of property and it's -- you know, if you
3 wanted to sell it, you're going to have to be
4 able to demonstrate, you know, to a developer
5 or whatever it may be that you have a proper
6 easement back there. So, you know, it's even
7 more -- more so to protect yourself than it is
8 us.
9 MR. CRIBBS: Right.
10 MR. JOOST: And so I think a compromise
11 may be, you know, just to maintain it as is. I
12 mean, I'm not seeing it myself, but those
13 pictures look -- look like it's -- you know,
14 it's fairly well-maintained and on gravel road,
15 but I -- you know, just to protect the City and
16 really even to protect yourself, I still think
17 we should get written -- something written into
18 the record where we have those easement rights.
19 THE CHAIRMAN: Thank you, Mr. Joost.
20 Mr. Redman.
21 MR. REDMAN: Thank you, Mr. Chairman.
22 Mr. Cribbs, you say there's some other
23 residents back down this road?
24 MR. CRIBBS: Yes, sir. There's a few
25 other folks living in there.
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1 MR. REDMAN: Okay. Are they utilizing
2 this road to get to their residence?
3 MR. CRIBBS: Yes, sir.
4 MR. REDMAN: All right. Do any of them
5 have ownership to any part of this road or the
6 land --
7 MR. CRIBBS: Yes, sir.
8 MR. REDMAN: -- alongside the road?
9 MR. CRIBBS: Behind the gas station there
10 is a mobile home, but I'm not for sure if
11 someone lives there, but there is a second
12 double-wide mobile home owned by Vertie Smith.
13 That little strip of land on that right side of
14 that public easement extends nearly --
15 always -- all the way past my entrance to my
16 property, and she does own that. It runs
17 parallel with the public easement and it
18 appears to be one, you know -- you just can't
19 see it, that -- she owns the right half.
20 MR. REDMAN: Have you talked with her and
21 discussed the uses that you want to use?
22 MR. CRIBBS: I had written up a statement.
23 Basically, she declared that I could use
24 her -- I just use the RE number for her
25 property. I can use that RE number to ingress
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1 and egress my RE number was the basic principle
2 on that, but nothing about improving it or
3 changing her property, just -- just that I
4 would have access.
5 MR. REDMAN: Yeah. I mean, this road
6 looks sufficient to get a fire engine down or
7 anything, but -- yeah, I --
8 MR. CRIBBS: My neighbors have offered
9 several times to come in and attest that they
10 have had the fire department out there on more
11 than one occasion. And I can tell you, my wife
12 drives a '97 Accord and she is not going to let
13 me get -- let the road get to the condition
14 where she can't get in there with it, and so
15 far she's satisfied.
16 MR. REDMAN: Yeah. All right.
17 Thank you.
18 THE CHAIRMAN: Thank you, Mr. Redman.
19 Mr. Reingold, any possibility we can
20 accommodate Mr. Joost's suggestion in that
21 Condition A? I saw you scribbling over there.
22 I thought maybe you might be trying to work on
23 that.
24 MR. REINGOLD: Well, I guess one of the
25 issues could be -- is -- whether there's a
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1 discussion amongst the committee members about
2 the 20-foot-wide requirement. You know, if
3 you're happy with the current width, whatever
4 that is -- and I'll defer to the applicant and
5 to the Planning Department -- that may be one
6 sort of solution. Another solution may be
7 that -- instead of having to improve it, that
8 we just require that the applicant maintain it
9 in its current form. Those might be some of
10 the possibilities.
11 I still think it would be important to
12 have a condition that if they are actually
13 working in the right-of-way that they have an
14 agreement with the City, or if they're actually
15 doing some sort of work or using someone else's
16 property that they at least provide that
17 information to the City.
18 And the only reason why I raise that is
19 the -- the document referenced by the applicant
20 just says, I, Vertie Smith, do hereby grant
21 Bryan A. Cribbs easement across my property,
22 and then with the RE number, for ingress and
23 egress of his property. Dated this day, blank.
24 I mean, there's no sort of even looking at, is
25 that even possible over that property and --
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1 and those things. We would just like the
2 ability to sort of tie up that loose end.
3 THE CHAIRMAN: Thank you, Mr. Reingold.
4 Mr. Redman.
5 MR. REDMAN: Well, I would make a motion
6 that we -- as long as he maintains it at the
7 level that it is and provides the proper
8 information that Mr. Reingold was talking
9 about, maybe a legal -- more of a legal
10 description of what your neighbor is allowing
11 you to do -- would that be sufficient,
12 Mr. Reingold?
13 MR. JOOST: (Inaudible.)
14 THE CHAIRMAN: He's working on it.
15 MR. REDMAN: Okay. Well, I would make
16 that motion.
17 MR. JOOST: Second.
18 THE CHAIRMAN: Motion by Mr. Redman,
19 second by Mr. Joost.
20 Mr. Kelly, you had your hand up.
21 MR. KELLY: Yeah. I was just assessing
22 the -- the status of the condition, that --
23 essentially the condition would read, "The
24 existing accessway shall be maintained and
25 stabilized and any work performed in the City
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1 right-of-way shall be subject to Planning and
2 Development Department review and approval."
3 MR. JOOST: Or the neighbors right-of-way.
4 I'm not sure (inaudible) --
5 MR. KELLY: The -- there's a 9-foot strip
6 that's owned by the neighbor -- Vertie, you
7 said?
8 MR. CRIBBS: Vertie Smith.
9 MR. KELLY: And then the other 26, 20 --
10 or 17 or 18 feet is City on the west half,
11 so, I mean --
12 THE CHAIRMAN: Thank you, Mr. Kelly.
13 Mr. Reingold.
14 MR. REINGOLD: "The accessway to the
15 subject property shall be maintained in its
16 current state. The applicant shall provide
17 confirmation that the applicant has the legal
18 right to improve or maintain the accessway and
19 use the same for vehicular and pedestrian
20 access to the subject property prior to the
21 granting of a permit for the residence.
22 "To the extent that any portion of the
23 accessway is owned by the City of Jacksonville,
24 the" -- "prior to any work, the applicant shall
25 have executed and delivered to the City of
Diane M. Tropia, Inc., P.O. Box 2375, Jacksonville, FL 32203
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1 Jacksonville an agreement as approved by the
2 City of Jacksonville Office of General Counsel
3 and Risk Management."
4 THE CHAIRMAN: Mr. Redman, was that your
5 amendment?
6 MR. REDMAN: Yes. Sounds good.
7 THE CHAIRMAN: Mr. Joost?
8 MR. JOOST: (Nods head.)
9 THE CHAIRMAN: That would be the new
10 Condition A.
11 Mr. Cribbs, do you accept that?
12 MR. CRIBBS: Yes, sir.
13 THE CHAIRMAN: Okay. So you accept that
14 condition, and the other four, B, C, D and E,
15 correct?
16 MR. CRIBBS: Yes, sir.
17 THE CHAIRMAN: All right.
18 Thank you.
19 All right. On --
20 MR. JOOST: (Inaudible.)
21 THE CHAIRMAN: On the amendment, all those
22 in favor, say yes.
23 COMMITTEE MEMBERS: Yes.
24 THE CHAIRMAN: Opposed, say no.
25 COMMITTEE MEMBERS: (No response.)
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1 THE CHAIRMAN: By your action, you have
2 adopted the change to Amendment A.
3 Would someone like to move the bill with
4 the --
5 MR. JOOST: I was just going to say, why
6 don't you wrap all the amendments into one.
7 THE CHAIRMAN: Okay.
8 MR. REINGOLD: The amendment essentially
9 is to grant the waiver subject to the
10 conditions, modified A, B, C, and E, so --
11 THE CHAIRMAN: Okay. So --
12 MR. JOOST: Move to grant the waiver
13 subject to the conditions.
14 MR. BROWN: Second.
15 THE CHAIRMAN: All right. Motion by
16 Mr. Joost, second by Mr. Brown.
17 That's on the amendment, correct?
18 MR. REINGOLD: (Nods head.)
19 THE CHAIRMAN: New amendment. That
20 incorporates the Redman Amendment.
21 All those in favor, say yes.
22 COMMITTEE MEMBERS: Yes.
23 THE CHAIRMAN: Opposed, say no.
24 COMMITTEE MEMBERS: (No response.)
25 THE CHAIRMAN: By your action, you have
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1 adopted the amendment to grant the waiver with
2 the five conditions.
3 Motion on the bill?
4 MR. JOOST: Move the bill as amended to
5 grant the waiver.
6 MR. REDMAN: Second.
7 THE CHAIRMAN: Motion on the bill as
8 amended by Mr. Joost, second by Mr. Redman.
9 Discussion?
10 COMMITTEE MEMBERS: (No response.)
11 THE CHAIRMAN: If not, open the ballot,
12 vote.
13 (Committee ballot opened.)
14 MR. CRESCIMBENI: (Votes yea.)
15 MR. BROWN: (Votes yea.)
16 MR. JOOST: (Votes yea.)
17 MR. REDMAN: (Votes yea.)
18 (Committee ballot closed.)
19 MS. LAHMEUR: Four yeas, zero nay.
20 THE CHAIRMAN: By your action, you have
21 approved, once again, item 2011-38.
22 Now, Mr. Cribbs, this is going to go back
23 to the council floor next Tuesday.
24 MR. JOOST: It's 2011-40.
25 THE CHAIRMAN: I'm sorry. 2011-40.
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1 You're right. I apologize. I'm on the wrong
2 bill.
3 This will go back to the council next
4 Tuesday night. At this point, I would like
5 this to go through probably more than you
6 would. So keep your fingers crossed that we
7 can get it out Tuesday and -- not that we don't
8 want to see you again. You're welcome to come
9 to future LUZ meetings just for a friendly
10 visit, but we'd like to move to other issues,
11 so let's see if we can take care of this next
12 Tuesday.
13 MR. CRIBBS: I understand.
14 Well, I sure do appreciate everybody's
15 hard work.
16 THE CHAIRMAN: All right. Well, thank you
17 for your many trips to -- to visit.
18 All right. Moving forward, item 6,
19 2011-78. We have a public hearing scheduled on
20 this item tonight, no speakers' cards. We're
21 going to continue the public hearing until
22 4/19, no other action on this bill.
23 Likewise, item 7, 2011-110. We have a
24 public hearing scheduled this evening. There's
25 no speaker cards. That public hearing will be
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1 continued until 4/19 -- April 19th, and there's
2 no other action on that bill.
3 Turning to page 4, at the top, item 8,
4 2011-111, we have a public hearing on this, but
5 first, Mr. Huxford, if -- and this is -- the
6 gentleman is here on this issue?
7 MR. HUXFORD: Yes.
8 THE CHAIRMAN: That's him?
9 MR. HUXFORD: Yes.
10 THE CHAIRMAN: Okay. Mr. Huxford, do you
11 want to give your report? And then we'll open
12 the public hearing.
13 MR. HUXFORD: Thank you, Mr. Chairman.
14 Application for sign waiver 2011-02, also
15 known as ordinance 2011-111, is for property at
16 6600 Youngerman Circle, in the Argyle Forest
17 area. It seeks to reduce the minimum setback
18 for a monument sign from ten feet to zero feet
19 in a PUD zoning district.
20 The property has a couple of unique
21 situations -- or unique circumstances here.
22 There's already a sign -- identification sign
23 on the property -- or identifying the property;
24 however, it's actually out in the right-of-way.
25 With the proposal here, they would remove that
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1 sign and place the -- a replacement sign on the
2 subject property.
3 Youngerman Circle, at the point where the
4 sign would be placed, is only a two-lane road;
5 however, the right-of-way is 110 feet wide, so
6 there is an abundance of grassy area between
7 the pavement and the sign location.
8 Also, if they actually had to meet the
9 10-foot setback for the sign, it would actually
10 be out in the vehicular use area, in the drive
11 area.
12 So, for those circumstances -- with those
13 circumstances in mind, we believe the spirit
14 and intent of the sign ordinance is maintained,
15 and we are recommending approval.
16 We did have two conditions in here. I'll
17 read them into the record. One is that, "The
18 sign will be a monument-style sign and shall
19 comply with the" --
20 MR. REINGOLD: (Tenders document.)
21 MR. HUXFORD: What is that?
22 MR. REINGOLD: The condition changed.
23 MR. HUXFORD: Oh, the condition changed.
24 See, if I miss the agenda meeting, this is
25 what happens, right?
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1 Okay two signs -- two amendments here.
2 "The sign shall be a monument sign as
3 defined in Section 656.1302(H)(1) of the
4 ordinance code"; and two, "The existing
5 monument sign shall be removed."
6 With that, we recommend approval.
7 THE CHAIRMAN: Thank you, Mr. Huxford.
8 All right. We do have a public hearing
9 scheduled on this tonight. We have one
10 speaker's card, Joseph Sous --
11 (Audience member approaches the podium.)
12 AUDIENCE MEMBER: Sous.
13 THE CHAIRMAN: -- from --
14 MR. SOUS: Florida Career College.
15 THE CHAIRMAN: -- Florida Career College.
16 All right. Mr. Sous, did you hear the two
17 conditions that were read into the record?
18 MR. SOUS: Yes, sir.
19 THE CHAIRMAN: All right. Do you accept
20 those conditions --
21 MR. SOUS: Yes.
22 THE CHAIRMAN: -- or agree to those?
23 MR. SOUS: Yes.
24 THE CHAIRMAN: Okay. Thank you.
25 You may address the committee, or if
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1 you --
2 MR. SOUS: I'm good with the -- with the
3 two points that were brought up and --
4 THE CHAIRMAN: I'm sorry?
5 MR. JOOST: He's good.
6 THE CHAIRMAN: Oh, you're good with them?
7 MR. SOUS: I have nothing to --
8 THE CHAIRMAN: Questions only?
9 MR. SOUS: Yeah. I'll --
10 THE CHAIRMAN: All right.
11 MR. KELLY: To the Chair, just to clarify,
12 there are two existing monument signs and one
13 is a -- just kind of a name for the entrance of
14 the industrial park. We're not talking about
15 the removal of that monument sign. We're
16 talking about the removal of the existing
17 Florida Career College sign.
18 THE CHAIRMAN: Okay.
19 All right. Any questions for Mr. Sous?
20 COMMITTEE MEMBERS: (No response.)
21 THE CHAIRMAN: And you flew up here today
22 from where, Fort Lauderdale?
23 MR. SOUS: Yeah, just came from
24 Fort Lauderdale. I got delayed --
25 THE CHAIRMAN: I'm glad you made it
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1 because you're our last item on the agenda and
2 we didn't want you to arrive at City Hall and
3 find an empty chamber, so --
4 MR. SOUS: May I ask one question?
5 THE CHAIRMAN: (Nods head.)
6 MR. SOUS: Could I have my sign person --
7 should he contact the inspector and work with
8 him on -- on the new position, where the sign
9 is actually going to be placed?
10 MR. KELLY: The location, correct. We --
11 as long as it's not in the right-of-way --
12 MR. SOUS: Yeah.
13 MR. KELLY: You know, you're approved at
14 zero, so it --
15 MR. SOUS: Okay.
16 MR. KELLY: Yeah, we can negotiate -- I
17 know there was some drainage issues with swales
18 and -- and trying to avoid having to put it in
19 the middle of a swale was -- was a problem.
20 So, yeah, we would be agreeable to that.
21 MR. SOUS: All right. Thank you very
22 much.
23 THE CHAIRMAN: Okay. Thank you.
24 Mr. Reingold.
25 MR. REINGOLD: In light of what Mr. Kelly
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1 said -- and I'm just offering this as a
2 suggestion, is that the second condition --
3 "The existing Florida Career College monument
4 sign shall be removed." Would that be helpful,
5 to just clarify that issue? I'm just throwing
6 that out there.
7 THE CHAIRMAN: Okay. Is that okay,
8 Mr. Sous? Do you agree to that --
9 MR. SOUS: Yes.
10 THE CHAIRMAN: -- modification of the
11 second condition from the existing -- it
12 currently reads, "The existing monument sign
13 shall be removed." We want it -- we're going
14 to change that --
15 MR. SOUS: We're removing --
16 THE CHAIRMAN: -- to "The existing Florida
17 Career College monument sign shall be removed."
18 MR. SOUS: We're moving it from where it's
19 located now and it's being re- --
20 THE CHAIRMAN: You agree to that change?
21 MR. SOUS: Yes. Yes, I do.
22 THE CHAIRMAN: Okay. Thank you.
23 All right. Any other questions for
24 Mr. Sous?
25 COMMITTEE MEMBERS: (No response.)
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1 THE CHAIRMAN: All right. Seeing no one,
2 then, the public hearing is closed.
3 MR. JOOST: Move to grant the waiver with
4 conditions.
5 MR. REDMAN: Second.
6 THE CHAIRMAN: All right. Motion by
7 Mr. Joost, second by Mr. Redman.
8 We'll need a motion on the amendment,
9 correct?
10 MR. REINGOLD: Yes.
11 THE CHAIRMAN: You're just moving the
12 amendment, right?
13 MR. JOOST: (Inaudible.)
14 Move the amendment.
15 MR. REDMAN: Second.
16 THE CHAIRMAN: Of the two conditions.
17 Motion by Mr. Joost, second by Mr. Redman.
18 Discussion on the amendment?
19 COMMITTEE MEMBERS: (No response.)
20 THE CHAIRMAN: All right. All those in
21 favor, say yes.
22 COMMITTEE MEMBERS: Yes.
23 THE CHAIRMAN: Opposed, say no.
24 COMMITTEE MEMBERS: (No response.)
25 THE CHAIRMAN: By our action, you have
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1 approved the amendment with the two conditions.
2 Now, on the bill to grant the waiver with
3 the conditions --
4 MR. JOOST: Move to grant the waiver with
5 the amendment -- with the two conditions.
6 MR. BROWN: Second.
7 THE CHAIRMAN: Motion on the bill by
8 Mr. Joost, second by Mr. Brown.
9 Any discussion?
10 COMMITTEE MEMBERS: (No response.)
11 THE CHAIRMAN: If not, open the ballot,
12 vote.
13 (Committee ballot opened.)
14 MR. CRESCIMBENI: (Votes yea.)
15 MR. BROWN: (Votes yea.)
16 MR. JOOST: (Votes yea.)
17 MR. REDMAN: (Votes yea.)
18 (Committee ballot closed.)
19 MS. LAHMEUR: Four yeas, zero nay.
20 THE CHAIRMAN: By our action, you've
21 approved item 8, 2011-111, with the -- as
22 amended with the two conditions to grant the
23 sign waiver.
24 Thank you, Mr. Sous.
25 MR. SOUS: Thank you. Appreciate it.
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1 THE CHAIRMAN: All right. Item 9,
2 2011-150, is read second. Item 10, 2011-151,
3 is deferred, as is item 11, 2011-152.
4 Everything on page 5 is deferred; item 12,
5 13, 14, and 15.
6 Turning to page 6, items 16 and 17 are
7 both deferred.
8 Item 18 begins with the second and read --
9 rereferrals, so item 18, 19, 20 are all second
10 and rerefer, as are all the items on page 7.
11 And I think that completes our agenda.
12 Any other questions or anything else to
13 come before the committee?
14 COMMITTEE MEMBERS: (No response.)
15 THE CHAIRMAN: Ms. Boyer, do you want to
16 come up and make a statement?
17 MS. BOYER: No.
18 THE CHAIRMAN: No? All right.
19 All right. Well, we will see everybody in
20 two weeks.
21 Thank you your attendance -- oh, and I
22 forgot to say on the record earlier, and I
23 apologize, we had three excused absences
24 tonight from Mr. Holt, Mr. Bishop, and
25 Mr. Brown. They were all excused from
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1 attending this meeting because of other
2 conflicts.
3 All right. We will see everybody in two
4 weeks.
5 Thank you, staff, and appreciate everybody
6 showing up.
7 Good night.
8 (The above proceedings were adjourned at
9 5:35 p.m.)
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1 CERTIFICATE
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3 STATE OF FLORIDA)
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4 COUNTY OF DUVAL )
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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 10th day of April, 2011.
10 ___________________________
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